BB & T Case Summary

Improved Essays
According to the textbook, Business Law Today written by Roger Miller that Uniform Commercial Code Section 3-403(a) “ the bank must recredit the customer’s account when it pays a check with a forged signature” (Miller, Ch. 24-3f). In this case where BB&T is liable for processing Union’s check with a forged drawer’s signature. Also according to UCC Section 4-406(f) that “a customer who fails to report a forged signature within one year from the date of the bank statement loses the legal right to have the bank recredit his or her account” (Miller, Ch. 24-3f). After analyzing the question, Maxwell did not contact BB&T until one year and one month after Maxwell received bank statements from BB&T. I believe Maxwell loss the chance to file a recredit back to Union’s account, so BB&T is not a fault in this case besides BB&T …show more content…
BB&T is not liable in this situation as according to Uniform Commercial Code Section 4-406(f) that there is one year limit for customers to file a recredit for any forged checks. However, Maxwell did not contact BB&T until one year and one month after receiving the bank statements. Maxwell loses a chance to file a claim against BB&T, so I believe BB7T is not liable in this situation. Regardless of any violations of the law, BB&T and Jame’s wife Louise Johnson acted unethically in this case. First, Louise Johnson should never write any checks on Union’s checking account to pay his bills and signing the checks as “Brad Union.” Louise Johnson is not Bradley Union’s personal caretaker and assistant and did not get authorized by Union to handle his banking transactions. Lastly, BB&T should have examined every single check that went through BB&T. In fact that BB&T did not catch that Louise Johnson forging Union’s checks for multiple times is

Related Documents

  • Improved Essays

    Check Washing

    • 907 Words
    • 4 Pages

    The Growing Concern of Checks What is Check Washing? According to Dictionary.com, to wash stands for applying “water or some other liquid to (something or someone) for the purpose of cleansing” (Dictionary.com). Consequently, according to this definition in this similar context, check washing deals with cleansing or erasing a check of its content so that it can be rewritten in order to change the information on the check or checks. This process is done illegally in order to scam someone of a withdrawal from their account.…

    • 907 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In Sunnyvale, California Officer James Rand around 2:40 in the morning had pulled over a vehicle due to there being a headlight and license plate light out. He discovered there were six men in the vehicle the three in the front includes: Joe Alcala, Robert Bustamonte, the driver Joe Gonzales and three older men in the back seat. When the Officer Rand asked for Gonzales’s license whom did not have his license on him. Alcala was the only one of the six that could produce a driver’s license, after that Alcala told the officer that the vehicle was not his it was his brother. The Officer asked for them to step out of the car when backup arrived he asked Alcala if he could search the vehicle.…

    • 255 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    I, Dennis Akins, Do solemnly swear that I am a Criminal Investigator with the Pulaski County Sheriff’s Office and the following statement is true and accurate to the best of my knowledge. Deputies responded to a theft of property call. When deputies arrived Complainant Will Bowers explained that he had a check written to Ed Bowers for work that had been done. Mr. Bowers explained the check wss in a desk drawer. Mr. Bowers stated Christopher Jones was cutting grass around his property and came in the office and asked ms. Bowers for a glass of water.…

    • 202 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    LIANG Case Studies

    • 221 Words
    • 1 Pages

    On May 31, 2017, associate LIANG was interviewed by AP Leggatt in the presence of GSM Brent Sinden. APM Leggatt established that associate LIANG had excellent knowledge of all applicable HBC policies and procedures. AP Leggatt then asked associate LIANG if remembered a conversation she had with him on May 9, 2017, in regards to associate discount abuse, processing his own transactions and other HBC policy violations he had committed. Associate LIANG agreed that he remembered the conversation. APM Leggatt then showed associate LIANG pictures of the two suits aforementioned in this report; she asked associate LIANG if he remembered how much he had paid for them.…

    • 221 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Mr. Buckley Case Summary

    • 365 Words
    • 2 Pages

    Mr. Buckley was charged and convicted in the trial court with theft under the Offenses Against Property Act, unlawful use of a credit card, and uttering a forged document. Upon conviction, he appealed to the Court of Appeals of Indiana, Second District claiming insufficient evidence. The first charge of theft under the Offenses Against Property Act requires one to acquire and/or use someone else’s property without permission. Since Mr. Phipps did not give Mr. Buckley permission to use his credit card for any purchases the burden of proof has been met for this charge to stand.…

    • 365 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Decisions The decision was that “Rich’s” was not at fault for the check being cashed by someone else and not by Singer. According to the case, there was no evidence to prove that Rich’s and Wachovia acted in concert with each other or with any other person or entity to accomplish an unlawful end or a lawful end by unlawful means. “The underlying tort of conversion is absent, and thus there can be no liability for conspiracy” (www.law.justia.com).…

    • 958 Words
    • 4 Pages
    Great Essays
  • Decent Essays

    Good morning Collette, We received one more letter from collection agency now for one of BGL Verizon account. I do not know much about Verizon’s accounts because Evan was responsible for them, and he told me that this amount BGL should be paying before acquisition. Now I do not have any proof that BGL paid this amount. What should I do now. Enter this invoice plus collection fee in BST or not?…

    • 73 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Each of these false employees had the same mailing address. If you refer to exhibit A, you will notice that Marie McAulley, Terry Talbot and Paul Owens all shared the address of P.O. Box 384, Woodville. A request was made to ADP for access to the checks and it was noted that all checks were endorsed by a Jessica Keller, see exhibit B. We were able to locate and interview Ms. Keller, who is currently in San Antonio, TX. She stated that a while back, when she was passing through Tallahassee, a man matching Mr. Hill’s description approached her and asked if she would open an account at SunTrust in exchange for $100.…

    • 1242 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In the world today discriminations is nothing that is unusual and it comes in many shapes, sizes and form. For years African-American were discriminate against by whites and were not allowed to use the same restrooms, drink out of the same water fountains as well as ride in the front of the bus with them. Furthermore, when it came to getting jobs they were denied jobs because of their color. Yet it did not keep blacks from trying to become better people as well as get the jobs they felt that they deserved. Unfortunately, in today’s society this is still going on and it is no longer African-American who are being discriminate against but in fact it’s the Mexican-American who are now receiving this discrimination.…

    • 836 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Wells Fargo AML Investigations (AMLI) conducted an investigation of customer Perla Judith Felix Velazqquez (Velazqquez), originating from an internal referral identifying Velazqquez conducted several cash withdrawals in a manner that appears to have been structured to avoid the currency transactions report (CTR) threshold. AMLI finds this activity suspicious because patterns of transactions were observed that appears to have been structured in an attempt to avoid CTR reporting requirements, additionally; Valazqquez was citied in September 2015, SAR filing (case # FCI-2015082800210),for these reason’s the activity is considered suspicious.…

    • 87 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    On 09/14/2016, upon review of the monthly travel card reports covering 08/13/16 through 09/12/16, it was discovered that Detroit FAM Timothy Butterfield had a returned check fee of $25.00 (Non-Sufficient Funds). According to FAM Butterfield, the non-sufficient fund amount was to pay the travel card period ending 08/12/2016. The amount due for that billing period was $2676.00. The non-sufficient fund amount was paid prior to the billing due date; however, JP Morgan Chase did not submit the personal check for payment until 8/18/2016. FAM Butterfield assumed the payment had cleared his bank shortly after he made the payment and withdrew monies from his account, which dropped it below the balance of $2676.00.…

    • 248 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Should Sealand Securities Co., Ltd. be responsible for these entrust holding agreements with 20 more financial institutions that two rogue employees involved with a forged seal? The answer is yes, but Sealand Securities Co., Ltd should not take the whole responsibilities for this case because it is also a victim of its former employees’ unethical actions. According to the statement from department of human resource of Sealand Securities Co., Ltd., Yang Zhang resigned his position on August 1st and Liang Guo’s working contract expired in August. Technically to say, both of them are no longer the company’s employees and their actions were irrelevant with Sealand Securities Co., Ltd.…

    • 354 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Dage Michael Martinez Fraud Auditing May 1, 2016 Fraud Audit Program: Hollate Assess: Fraud: Type/Scheme Control Opportunity Occurs/Fraud Scenario Concealment Red Flags Conversion Journal Entry Scheme The scheme likely occurred due to management override of controls.…

    • 1732 Words
    • 7 Pages
    Great Essays
  • Decent Essays

    After looking further into the situation Gus and Jane notice that along with the endorsement problem the signatures of several different individuals looked very similar. Finding forgery is a big red flag because it is illegal to forge someone’s signature. Not only were the checks forged by what they suspected was one individual, the checks that had been signed were all cashed in at the same convenience store as rushed payments. Not only was it close to their place of employment, but it was out of the way for most of the individuals whose names were on the checks lived. 2.…

    • 317 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Company Overview: Bayou Group LLC The Bayou Group LLC (Bayou Group) was founded by Samuel Israel III along with two co-founders, James Marquez and Daniel Marino in 1996. It attracted many investors as there is high expectation on it produces high returns. Bayou was a service company that does trading and investing client’s fund to produce return.…

    • 1413 Words
    • 6 Pages
    Improved Essays