Free The Art of the Steal by Frank W Abagnale Page A

them. And what they don’t realize is that they’re liable for errors, because they generally have thirty days to notify their bank of a discrepancy, and sometimes less than that. Let’s say I did get hold of your check and I filled it out for $2,000, and you never bothered to look at your bank statement. A month or two later, your husband says, “Hey, we’re overdrawn at the bank.” You say, “That’s impossible. I’ve got $2,000 in the account.” The bank says, “Oh no you don’t, you’re overdrawn.” Now you go back and open that envelope and discover a check for $2,000 that you didn’t write. You didn’t sign it. Guess what? It’s too late. The bank is not going to restore your money. But most people don’t realize this until it happens to them.
    A Wisconsin man named Borowski had two checking accounts with Firststar Bank. One was his personal account and one was for his father’s estate. Borowski said that his fiancée stole $50,000 from his account, and $100,000 from the estate account. She did it with forged checks and unauthorized telephone transfers. She even left forged handwritten notes in the bank’s night depository box requesting cashier’s checks. When the monthly bank statements and $20,000 in cashier’s checks were sent to Borowski, his fiancée intercepted them. When Borowski discovered the theft, he sued the bank to get his money back. Presumably, he also called off his impending marriage.
    The case went to court. The bank pointed out that Borowski’s signature card agreements required notification to the bank of unauthorized checks within fourteen days of the statement date. Borowski said he hadn’t received the statements, because his fiancée got hold of them and lied about them.
    The court ruled in favor of the bank. It said that as long as the bank had mailed the statements to the customer’s proper address, it had upheld its part of the bargain. The court did rule in favor of Borowski on the $20,000 in cashier’s checks, however, because the bank didn’t include the handwritten notes with the bank statement.
    GET GOOD BACKUP: POSITIVE PAY
    There is a product out in the marketplace, and already about 60 percent of the nation’s major banks offer it. It’s called positive pay. I feel that positive pay is the greatest concept available to deal with the problem of forgery or fraud. In most cases, the bank provides it for a minimal fee. If it doesn’t, look on it as an insurance premium to guard against losses from fraud.
    The product is really quite simple. Say I’m a company and I write fifty checks a day. I could write five a day or five thousand a day, it doesn’t matter. At the end of each day, I download a list to the bank over my modem of all the checks I wrote that day and sent out in the mail. The list, called an issue file, simply runs through each check number and the amount of the check. The bank doesn’t want to know who I wrote the check to.
    The file goes down to the bank and is stored in a program called positive pay. The checks go out in the mail and, lo and behold, a forged check shows up. I wrote a check to a guy for $250 and he color-copied fifty of them. I don’t care. I’m on positive pay. I wrote a guy a check for $200 and he altered it to $2,000. I don’t care. I’m on positive pay. The point is, when the forger goes to cash that check, it will go to the first bank of deposit, and then it will come to your bank. But because that check doesn’t match a check on your list, it will be rejected. No match, no pay. If you didn’t write it, the bank isn’t going to pay it. The computer will say, I have one refund check for $250, but I don’t have fifty, so I’ll pay one and return forty-nine. I have one check for $200, but I’ve searched the file and I don’t have one for $2,000, so it returns the check unpaid.
    Now there are some small businesses that love the idea of positive pay, but they don’t have a computer. I ask them, Do you have a fax