It should go without saying that not everything on the Internet is true. Case in point: a viral trend on social media recently promoted with it called a banking "glitch". The late-August trend claimed that if you deposited a large check at a Chase bank ATM, you could withdraw the money before the check cleared and it was discovered that the money doesn't exist. Of course, this isn't a glitch, this is run-of-the-mill check fraud. And now JPMorgan is suing four of these fraudsters who collectively cashed over $660,000.
"Fraud is a crime that impacts everyone and undermines trust in the banking system," Drew Pusateri, a spokesman for the bank, said in a statement.
According to Reuters, the largest case involves a "Houston man [who] still owes $290,939.47 after withdrawing over two days most of a $335,000 check that a masked man deposited in his account on Aug. 29. Chase said the check was rejected on Sept. 4."
As of last month, the bank was investigating thousands of cases related to this scheme. It is unclear if more lawsuits are on the way.
Chase has noted that it "prides itself on its efforts to protect its customers against fraudsters, particularly in an environment where bank and wirefraud are increasingly more commonplace," says LegalDive. “While fraud methods have evolved over time, the core intent to exploit and deceive remains unchanged."
In September, as the trend was making headlines, Cornell Law professor Dan Awrey posted on X: "Check kiting. It’s called check kiting. And it’s been around since the invention of…checks."
Meanwhile, Rutgers University financial practice professor Mark Guthner told LegalDive, “if they took the money out of the bank, the banking law is pretty clear that they committed fraud and they have to give the money back. Then it’s up to the bank to go chase the people down and take them to court.”
In the four announced cases, Chase is pursuing the return of all stolen money plus additional costs.
Door Kicking
Check fraud is not the only illegal trend circulating on social media this year. Over the summer, "door kicking", in which participants find an unsuspecting home, ring the doorbell late at night, and then kick the door in, gained heat (legal and otherwise) across the country.
"This challenge may see it as a harmless joke. …From the other side of that door a homeowner who may have a family and young kids inside could perceived it as a hostile act. This is a stand your ground state, we are entitled to self defense and these harmless pranks if you will could have deadly consequences," Adam Bradshaw, a police investigator in South Carolina told WSPA.
While in Maryland, local police warned that the challenge constituted "a misdemeanor crime under Maryland Statute §6-301 and commonly referred to as 'Malicious Destruction of Property.' The penalty depends on the extent and value of the damage and ranges from 60 days in jail and a fine up to $500 to three years in jail and a fine up $2,500."
Verdict
Don't kick people's doors in at 1am. Don't commit check fraud. Let's just start there. Furthermore, how should companies (or whole industries) who become the subject of viral trends promoting undesirable behavior respond? Should they respond at all? Maybe a post-trend string of lawsuits is best.
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