Joined: This month
Posts: 391
Unfortunate situation
7/12/2016 at 11:19 AM
Sadly, it doesn't matter how good, hardworking or honest a person is. The responsibility still lies with the victim. The banks follow a strict set of rules, and as much as everyone likes to hate them, the rules are very clear.
1. The government limits the amount of time a bank can hold funds on a cheque. The RBC policy is 4 business days, as per their website.
2. To clear the cheque, the bank needs to send the cheque to the financial institution from which the cheque was written. They then need to verify that the account has the funds to cover the cheque, then they transfer the money. This can easily take several days, as the Canadian banking industry processes about a billion cheques annually.
3. The teller at the bank did question the amount and source of the cheque, and the victim lied about it because she thought that was what she was supposed to do based on the scammer's instructions. Thinking you're doing the right thing by lying does not absolve you of the consequences.
4. If the banks implemented an interrogation policy, or if they were required to determine whether to accept your cheque based on how much money you already have, or your recent banking history, people would be up in arms about discrimination against people with less money or recent immigrants. The bank asked a question, the victim gave a reasonable answer "it was money from her father", so the questioning was over. If she had said it was payment for a job or contract work, or something like that, then it would have likely triggered more questions from the teller. Imagine if you were selling an item, maybe a car or boat so you could purchase another car or something else and the person gave you a cheque for $15,000 as payment. Then you take the cheque to the bank and the bank says thank you, your funds will be available in about 2 weeks. People would freak out over that.
5. If something seems too good to be true, it probably is. She was getting $1,000 compensation for going to the bank to deposit a cheque, take a shopping trip to Walmart and then going to 3 banks to transfer money. If she didn't want to raise alarm bells at the bank, she could have asked a friend or co-worker about it.
It's terribly unfortunate, but you can't blame the bank for this. You can't make the system fool proof without causing a huge disruption for a lot of people. So there are a set of rules and policies in place to try and manage the payment system efficiently, but there are some gaps. The scammers knew exactly what the gaps were, and found someone who didn't know, and didn't know to ask. It doesn't make the victim stupid or bad, but not knowing doesn't absolve her of responsibility. When you deal with a bank (or credit union), you are responsible for what you deposit, and if you deposit a fraudulent cheque, you're on the hook for it.
It's an embarrassing situation to admit you've been swindled like that, it's very brave of her to come forward with the hopes of helping others avoid the same fate. I wish the best for her and her family.