Check Fraud: Can We Deal With It?

There are several ways check fraud is done. It usuallymerchant is part of the fraud scheme.
means purchasing goods or services and paying withGenerally banks examine check fraud events case to
the check that was been stolen from the owner andcase, but in most cases if the customer is innocent
counterfeited or manipulated. Usually thieves steal theand just a victim of check theft, he/she is refunded.
check from the owner, counterfeit owner’sHowever if the merchant accepts fraudulent check or
signature and try to use the check for fraudulentcheck for inflated amount, the merchant is unlikely to
purposes. Generally criminals focus on merchants thatget the goods back and he/she is obliged to refund the
trade with high-value goods, such as cars. In fact suchcash. However after 2007 merchants can be sure
merchants must be more cautious about acceptingthat they do not have liability to refund fraudulent cash,
checks or banker’s drafts, since they can be stolenif it is not claimed within six working days, unless
or counterfeited and merchants may lose a lot frommerchant is part of the fraud scheme.
fraudulent transaction. However as practice shows,Despite these changes, banking industry continues to
such merchant are often deceived due to theirrecommend merchants to be cautious about accepting
negligence.checks; however it seems that these
Criminals often pursue following tactics: they makerecommendations and actual deeds deeply contradict
purchase at the merchant’s store and make ato each other. On one hand, in the previous scheme
payment through the check or banker’s draft thatmerchants were heavily discriminated, since they were
is of the higher amount than the goods purchased.the ones who bore all the risk and check owners
Criminals assure merchant that the check orwere the ones, who were not subject to financial loss,
banker’s draft will be cleared and ask him/her todespite the possibility that checks could be stolen due
transfer excess funds either to their account or to theto owner’s negligence. The new scheme offers
account of the third person. In fact such a conductquite a good solution for merchants: if the funds are
should be alarming for the merchant and should raise anot claimed in time, then check owner loses them. At
concern that it can be a scam, however in manythe first sight founds fair!
cases such fraudulent conduct turns to be successful.But let us now analyze this situation more deeply. In
In these cases it is extremely difficult to trackfact new measures raise moral hazard problem: if
fraudulent checks in the clearance system. Althoughmerchant knows that after six days fraudulent cash
banks try to do their best to tackle this kind of fraud,will become his/hers, he/she will have less incentive to
but owner of the check very often does not realizecontrol and refrain from suspicious operations, since
that one of the checks from his/her checkbook hasthere is high possibility of retaining these funds. Now let
been stolen and moreover money has beenus imagine situation, when a merchant and a thief can
withdrawn from the account using the missing check.find it beneficial to cooperate and can even agree to
Sometimes it takes weeks or even month before thedivide proceeds from the fraud. Why not? Before
fraudulent cash is claimed back.stealing checks, thieves often gather some information
Since 2007 the banking system through the Checkabout habits of a victim. If the thief is sure that the
and Credit Clearing Company is amending the waysperson he stole a check from with the high probability
by which checks are processed. The new systemwill not check his/her bank statement within six days,
involves the following: in case the fraudulent check isthen the whole operation can turn out to be quite
used, merchant retains funds if they are not claimedbeneficial. This may give rise to the wave of fake
within six working days with the exception, whentransactions, where merchants will be involved.
merchant voluntarily agrees to give them back, or the