wodehouse
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Post by wodehouse on Jul 8, 2011 18:42:03 GMT -5
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greenstone
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Post by greenstone on Jul 8, 2011 19:56:11 GMT -5
I didn't care for the part where Chase contacted the police detective to let him know the arrest was a mistake but it was the detective's day off so the guy spent the weekend in jail. Seriously, there is no better system in place than that? Why was the detective giving out a contact number that was not monitored when he was off duty. I understand the need for cell phones in this day and age, but those messages should be sent to someone who can act on them immediately if the main contact isn't available. The police should be held accountable for that. It is bad enough to be arrested and then proven to have done nothing to desire it, but to be left in jail because "hey I don't work till Monday" is disgraceful to our law enforcement. Imagine if that happened to you.
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wodehouse
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Post by wodehouse on Jul 8, 2011 21:07:44 GMT -5
Yes, kiting checks is illegal, probably most everywhere. The article didn't say he was kiting checks, they said his account was closed for being overdrawn. Of course, overdrawn is mathematically the same as kiting checks, but most people who "overdraw" never face charges of kiting checks. In fact, banks LOVE their customers who overdraw...they just love those extreme fees.
Also, the guy was a US citizen, native born. He just happened to be of Nigerian descent.
The whole affair...based on the info presented...just really offends me.
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TheOtherMe
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Post by TheOtherMe on Jul 8, 2011 21:14:27 GMT -5
To me, I think the bank overreacted because the man was of Nigerian descent, but he is a US citizen.
He should not have had to stay in jail all weekend because the detective was off duty.
Lawsuit time?
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Catseye
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Post by Catseye on Jul 8, 2011 22:45:53 GMT -5
That's just horrible! That poor man needs to bring a lawsuit against Chase. Wouldn't hurt that police department to get a wake-up call, too. I have a Chase account but haven't used it in a long time, especially after they screwed me out of some money a few years back. I was supposed to pay 0% interest after transferring another card's balance into the account. The special interest rate was supposed to last until the balance was paid, but by the third billing statement that deal was apparently off the table. When I called to ask that they honor the original offer, the woman in customer service told me "no" in a really ugly tone of voice. I was so shocked, I hung up. That ever happens again, I'll demand to speak to a supervisor. I took some money out of savings and paid off the balance.
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resolution
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Post by resolution on Jul 9, 2011 6:05:17 GMT -5
Anyone notice that this happened a year ago and the bank did nothing to address this until he hired the lawyer a couple months ago?
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endofera
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Post by endofera on Jul 9, 2011 9:20:34 GMT -5
All this discussion about being jailed for bad checks is beside the point. He was not jailed for kiting or overdrawing - that was made good when they subtacted what he owed from the cashier's check.
He was jailed for supposedly presenting a fraudulant cashier's check. Written by their own bank! How could they not just look that up in their own system? I vote discrimination both on the part of the police and the bank. They couldn't believe a black man with a foreign sounding name could have a check for that much money legally.
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bookcrazychick
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Post by bookcrazychick on Jul 9, 2011 11:59:47 GMT -5
I just Karma'd you endofera! Your post was spot on. Everyone getting off on kiting checks, overdrawing etc, that was NOT why he was jailed. IMO, he was jailed because he was not white. PERIOD I hope he sues and gets a ton of money from them. And I say this as someone who thinks we have waaaay to many stupid lawsuits filed.
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Gardening Grandma
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Post by Gardening Grandma on Jul 9, 2011 14:50:13 GMT -5
Sorry endofera, there is contributory negligence here. Counterfeited cashiers and tellers checks are rife and they are particularly likely to originate from scam artists of Nigerian decent. There is even a type of con named after a section of the Nigerian criminal code that is running rampant. While he is entitled to an apology and damages, I would reduce the amount in recognition of his own contribution to the situation. One is not entitled to merrily bounce checks. TT, the's no indication that the guy "merily" bounced checks. It did not say how many checks hadw been overdrawn. It could have been one or ten. Plenty of us on this board have bounced a check at one time or another (I managed to bounce three this year -one to the IRS). I didnot spend four days in jail for it though.
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Gardening Grandma
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Post by Gardening Grandma on Jul 9, 2011 16:09:17 GMT -5
He wasn't jailed for bouncing a check. He was jailed for attempting to cash a VALID check, a Chase-issued cashier's cheak at a Chase bank.
A number of us are not "profitable"customers. We use the Chase Freedom card, pay off our balance, and collect rewards. I collected $150 this year just for opening a Chase checking account, and have yet to pay them a dime of interest or fees. I've collected $300ytd in Chase rewards. You don't get to put people in jail for not being profitable.
And I did not intend to sound cavalier about bouncing checks. There are avenues for dealing with chronic check bouncers.
Chase is totally in the wrong here and I hope he wins a whalloping lawsuit.
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Deleted
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Post by Deleted on Jul 9, 2011 16:47:46 GMT -5
His lawyer knows he has no case and I'm sure there is a serious "other side of the story". They just tainted the jury pool, so the lawyer already knows he needs to SETTLE. It is purely being done to cheat Chase out some money (Realize I don't like Chase either but let's be fair).
Personally, I can easily see how he was flagged. All he had to do was demand cash on the bank check at the counter. Hell, I'm white and had problems with my 1st time homebuyer credit check (a federal check). I stopped by the credit union and was going to just have it put against the mortgage. The clerk said that was not recommended and I should put it into my regular account for 1-2 months until it clears (I said it was a federal IRS check, it's going to clear). She pulled pulled up the rest of my accounts, said since I had a high enough balance on a CD she could apply it to the mortgage that day, but if it bounced, the CD would be broken for the balance and the penalty for breaking the CD would be assessed.
Turns out there has been tons of fraud around the 1st time home buyer credit. He had a history of bad checks. Chase didn't arrest him, the POLICE DID (Chase did their job by calling the police to determine the next step). Chase should pay NOTHING. Chase worked to determine validity and then called the contact provided by the police.
Sorry people, but his only case is against the police, who clearly had just cause to arrest him, otherwise his lawyer would be suing them.
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endofera
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Post by endofera on Jul 9, 2011 17:33:14 GMT -5
Once again, it has nothing to do with the bounced checks, nothing to do with the home buyers program or a federal check, nothing to do with Nigeria (They don't know he is of Nigerian descent and in fact is American born in Seattle!).
I can only envision one reason why Chase would call the police when this individual with a Chase cashier's check mailed to him by Chase presents it at a Chase bank.
And wow TT, you really are reading a lot into this - a construction worker making big money? Where do you get that? It says he had a temporary construction job that he lost. According to you they can see his entire poor history of bouncing checks (another assumption) but yet somehow they can't look up the very valid check that they issued to him and mailed to his home.
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schildi
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Post by schildi on Jul 9, 2011 18:16:23 GMT -5
We use the Chase Freedom card, pay off our balance, and collect rewards. Chase still comes out ahead. Ask a merchant what he pays for each CC transaction ...
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schildi
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Post by schildi on Jul 9, 2011 18:21:04 GMT -5
I also don't think that the guy is completely innocent. We are only hearing one side of the story, and even that one side does not clearly show to me that the guy has no fault at all.
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Deleted
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Post by Deleted on Jul 9, 2011 18:50:14 GMT -5
Gee, ToughTimes, could you loan me the extra $500 or $1000 to keep in my account.
It is my understanding that checks go stale after six months. Sometimes banks do honor them, but I imagine your brother, the attorney, could have argued that the check was stale. Yes, the client should have paid full restitution for all damages, but I don't think criminal intent is involved after a merchant holds it for more than six months. Of course, I'm not a lawyer.
Rather than advocating people hold a fairly large cushion in their accounts for "mistakes," why not advocate that they balance their checkbooks every few days? With internet banking, that is so easy to do.
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zibazinski
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Post by zibazinski on Jul 9, 2011 19:13:58 GMT -5
I believe they go "stale" after a year and the bank can still decide to honor it. Bottom line, don't write bad checks.
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Gardening Grandma
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Post by Gardening Grandma on Jul 9, 2011 19:17:11 GMT -5
But the issue here is not bounced checks. That was resolved when Chase closed his account and collected $600. Done. Settled.
The issue is Chase's inexplicable ability to validate THEIR OWN CHECK. During regular business hours yet. I could see it if the check were on another bank, but it was their own check. Why could Chase not have validated their own check? Either they were incompetent or worse.
There is no way now for them to turn this sow's ear into a silk purse.
Lawsuit or no, it's bad publicity for them.
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wodehouse
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Post by wodehouse on Jul 9, 2011 21:23:29 GMT -5
Sorry, there is contributory negligence here. So the guy cashing the valid cashier's check issued by Chase Bank, at a Chase Bank "contributed" to his arrest and jailing, and consequent loss of car and job? That is like saying that the victim of a brutal gang rape provided "contributory negligence" because of past promiscuity. Doesn't fly. This story is like one of those from the days before the French revolution where someone is jailed for life for stealing a loaf of bread. There is no justice to this story.
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wodehouse
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Post by wodehouse on Jul 9, 2011 21:34:47 GMT -5
TT, I am not talking about the actions of the check casher. I am talking about those of Chase Bank.
I suggest that you would make a good politician with your dogged earnestness in trying to misdirect the topics. Have a nice day.
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resolution
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Post by resolution on Jul 9, 2011 21:44:23 GMT -5
I don't think it is relevant why he had a cashiers check. That is a separate issue. What is relevant is that he went into Chase with a cashier's check that was written by Chase and was thrown into jail for 4 days for trying to cash it. I just don't see that happening to a white middle class type. It shouldn't be happening to anyone else either. When I walked into my bank with a large cashier's check drawn on my former credit union, they smiled at me and addressed me as Ma'am instead of calling the police.
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wmpeon
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Post by wmpeon on Jul 10, 2011 4:53:48 GMT -5
My opinion is that Chase had a reason to be suspicious, based on their past history with this guy. But past history and suspicion aren't why he was arrested, he was arrested because Chase said the check was fake and called police, who arrested him for forgery. Forgery of what turned out to be a perfectly legitimate Chase check. The bank could've asked the guy to wait a little longer for authentication, I wouldn't blame them for wanting to be thorough. But instead they had him arrested, so Chase is 100% responsible for the resulting mess.
Adding insult to injury though, why did it take one whole month to get the original check back?
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zibazinski
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Post by zibazinski on Jul 10, 2011 8:19:27 GMT -5
If he had been willing to deposit it and wait for it to clear, it would not have been an issue. Wasn't there a poster who bought out her ex daughter-in-law and there was a problem with the check as well, even though it was good? He has a bad history and now even checks that look good can be fraudulent. Police don't tow and sell your car that fast so there's something else there, like maybe a history of unapid parking tickets?
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Gardening Grandma
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Post by Gardening Grandma on Jul 10, 2011 10:12:58 GMT -5
If he had been willing to deposit it and wait for it to clear, it would not have been an issue.
He couldn't do that because the account had been closed by Chase.
Wasn't there a poster who bought out her ex daughter-in-law and there was a problem with the check as well, even though it was good? That poster was me. In that case, she was trying to deposit (and immediately withdraw part) a check from Smith Barney into a Wells Fargo account. Although SB has an 800 check verification #, they did not have their act together and the check # did not validate on the 800 line. If it had, she'd have been able to immediately withdraw part of the check. (Also, that check was for $65000, not $7400)
He has a bad history and now even checks that look good can be fraudulent Once, again Chase could not verify that THEY had issued the check and that the check was valid? Either they were incompetent or they didn't bother to try. I don't know which was worse.
Police don't tow and sell your car that fast so there's something else there, like maybe a history of unapid parking tickets? The article didn't say that. The article said his car was towed and ULTIMATELY auctioned because he could not pay the impound fees (because Chase took a month to issue him a new check)
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Deleted
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Post by Deleted on Jul 10, 2011 10:19:55 GMT -5
he was arrested because Chase said the check was fake and called police, who arrested him for forgery. Forgery of what turned out to be a perfectly legitimate Chase check. I'm guessing this is some of those dirty little secrets why he is trying to steal money from Chase and NOT suing the police. He was arrested for his past, outstanding actions, not due to the current check. Actually, Chase could easily press charges from his past bounced checks and fleeing the state without resolving them (i.e. he crossed state lines which in fraud cases increases the level of the crime). Just because Chase sent him a check, minus the prior bounced checks, doesn't mean they gave up their right to press charges. The Police did a good job! Chase did the correct thing! Turn the story around, a man, with outstanding crimes (closed account that he didn't resolve, due to check fraud), walks into a bank, where he does not have an account and wants to cash a check. This man has already crossed state lines without handling his legal obligations. So what are the police supposed to do, allow him to walk out of the bank? Doesn't matter that the check he was trying to cash was "legitimate". Chase needs to press charges against him for slander.
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Gardening Grandma
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Post by Gardening Grandma on Jul 10, 2011 10:30:50 GMT -5
He was arrested for his past, outstanding actions, not due to the current check. Um no - he was charged with forgery - of a valid Chase check.
This man has already crossed state lines without handling his legal obligations You're confusing toughtimes' story with the original story. The guy in the OP did not cross state lines.
So what are the police supposed to do Maybe ask Chase to verify the check?
Chase needs to press charges against him for slander. Really? They apologized. If they had been in the right (and they DO have attorneys, you know) they would not have apologized.
I realize you're new, but you might TRY to get your facts straight before you convict someone.
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zibazinski
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Post by zibazinski on Jul 10, 2011 10:52:21 GMT -5
I don't think we have all the facts, yet.
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Gardening Grandma
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Post by Gardening Grandma on Jul 10, 2011 11:43:01 GMT -5
I don't think we have all the facts, yet.
I'm sure you're correct, zib, however, we could at least stick to the information as it was presented in the OP without adding elaborations, suspicions or projections of our own.
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zibazinski
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Post by zibazinski on Jul 10, 2011 12:53:10 GMT -5
The media is known for only presenting one side of the story. The more sensational, the better.
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Deleted
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Post by Deleted on Jul 10, 2011 14:39:09 GMT -5
From the article: ”he found out that Chase had closed his account because of overdrawn checks.” "I don't see any valid basis for suspicion in the first place"
I'm sorry, but $600 of overdrawn account (which he didn't handle causing the account to be closed) allows for suspicion in the first place to someone committing fraud.
I would like to hear Chase's side of the story and the Police's side. The suspicion was fully granted based on "kiting" checks, which is a Misdemeanor per the above link in Washington.
I'm sorry, but I am sick and tired of people suing and feeling they were mis-treated when they committed a crime that was the initial cause of the whole situation. Had he never overdrawn the account, he never would have been arrested. Again, the only reason this is an article is because the dirty lawyer knows it has zero chance in the court room.
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zibazinski
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Post by zibazinski on Jul 10, 2011 14:41:54 GMT -5
Trying to cash a check drawn on a bank where you do not have an account is extremely difficult, if not impossible. Regardless of your skin color.
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