The Expert Podcast

Episode Description
Discover why looking beyond the scammer is crucial for fraud recovery. Learn how major US banks are inadvertently enabling foreign scammers and what legal options you have as a victim. This episode reveals the third-party liability strategies used in major fraud cases and how you can apply them to your situation.

Key Topics Covered:
  • Third-Party Liability Strategy
    • Why fraud victims should look beyond the original scammer for recovery
    • How large-scale fraud cases like Bernie Madoff, Scott Rothstein, and Enron recovered money from third parties
    • Potential liable parties: banks, attorneys, advertising companies, accountants
  • How US Banks Enable Foreign Scammers
    • ProPublica investigation reveals how foreign scammers exploit US banking system
    • Banks act as unwitting enablers by allowing fraudulent accounts to operate
    • Why banks should detect suspicious activity but often fail to act
  • Bank Detection Requirements
    • Suspicious Activity Reports (SARs) and when banks must file them
    • Know Your Customer (KYC) programs required under Bank Secrecy Act
    • Why banks can detect your legitimate unusual purchases but miss fraud patterns
  • Real-World Examples
    • $40 billion annual scam losses in the US
    • Chinese fraudsters renting US bank accounts for money laundering
    • Bank of America case: 176 unverified accounts using same home address
    • New Jersey victim defrauded of $130,000 through Chase Bank accounts
  • Major Banks Involved
    • Bank of America's failure to verify hundreds of customers
    • Chase Bank used to collect fraudulent payments
    • Other implicated institutions: Citi Bank, HSBC
  • Legal Framework
    • Bank Secrecy Act requirements for financial institutions
    • Banks' responsibility as "gatekeepers" to prevent money laundering
    • How banks consistently fail their legal obligations
  • Recovery Action Steps
    • Don't be complacent about recovering your money
    • Investigate all available resources and potential liable parties
    • Consider legal action against enabling institutions
    • Document suspicious banking activity related to your case
Expert Consultation Available
Get personalized advice on your fraud recovery case through live one-on-one video consultation at actualhum.com 

What is The Expert Podcast?

The Expert Podcast brings you firsthand narratives from experts across diverse industries, including private investigators, general contractors and builders, insurance agencies, vehicle specialists, lawyers, and many others.

You have heard us talk many times in the past about if you are a fraud victims, you've been scammed out of your money, maybe it was a crypto scam, some kind of an online investment fraud, that you want to look for third-party liability to help you recover any lost funds. Why do we say that? Well, in many cases, the fraudster, the scammer may not have all the money. They may have spent some, they may have hidden some. So in order to become whole, many largecale frauds like the Bernie Maidoff case, the Scott Rothstein case, Enron, all these cases have had money that has been recovered from third parties to help fulfill the losses of the victims.

Who are these third parties? They could be banks, attorneys, they could be advertising companies, accountants. And this is a great article from ProPublica about how foreign scammers use US banks to fleece Americans. And this is exactly what it talks about. How these fraudsters, these scam agents have to use US banks to do the frauds. Because of that, the bank is enabling them. They're allowing them to do this. They may not be directly involved with the fraud, but they should know better because they see the activity.
In fact, there are requirements for financial institutions in the US to file what's called an S, suspicious activity report for certain types of patterns. If you see a pattern on a bank account that doesn't seem like it's correct for that type of business, you're supposed to file an S. In many cases, you're supposed to notify your customer. In fact, I'm sure that everybody watching this video has had a situation where you've gone to a store. You went online to buy something with your credit card and you're buying, you know, let's say a computer or uh some lawn furniture or something online or you go into Walmart and you buy want to buy a TV and you get a text message on your phone from your bank that says, "Hey, do you confirm this transaction? Do you recognize this transaction?"

They're asking you that because they're detecting something that's out of the norm for you as a consumer. Maybe you never shoed there before. Maybe you never did that high of a transaction before. Whatever the case might be. So, they already, as we can see, are looking at patterns. So, why wouldn't they be able to detect a fraud happening if you're being defrauded? If they're seeing one and not the other, that may create liability for them because they're not applying their expertise equally. And that's part of what the bullet points are. It says in the face of some 40 billion a year in scams, US banks have failed to present prevent largecale money laundering.

You will be back in your video in just a few seconds. In the meantime, remember that actualhum.com offers you live one-on-one private video consultation with an expert in this exact subject. We want to listen to your story. We want to hear your questions. We want to give you expert advisement of your options and tell you what we know about your particular situation. Now, back to your video.

Chinese fraudsters are renting US bank accounts to scammers who use accounts to move victims money. Bank of America allowed hundreds of unverified customers to open accounts, including 176 who claim the smalle home address as their location. It's a big deal. So, you always want to look at third parties to see if there's liability. Here's a case of somebody in New Jersey that was defrauded out of $130,000. And Chase Bank was used to collect the payment. And this is something that banks could see if they wanted to, but a lot of times they overlook.

These scammers are opening false accounts. uh and transporting cash from scam victims. This is something where if you even accidentally do something that harms another person, there may be liability for that bank. You always want to look at it. Again, it's more of a legal question. We're not attorneys, but when we do an investigation, we always look to see, are there potential third parties that you can look at that may have some liability or may have have contributed to your losses.

There's a huge demand for bank accounts to use for fraud. Banks are now gatekeepers, a responsibility required by US law to prevent criminals from opening accounts or engaging in money laundering. Banks have consistently failed at that responsibility according to the article. So that could create liability and all the big banks are in this article. Bank of America, Chase, City Bank, HSBC, and the list goes on. The main law governing the banks is called the Bank Secrecy Act. It requires financial institutions to maintain programs to know their customers. That's called KYC, know your customer, and to detect suspicious activity.

This might mean, as an example, noticing, keyword noticing that a newly opened account is suddenly receiving hundreds of thousands of dollars from wire payments. This is where you want to not be complacent. You want to look at your options. See where all the available resources are to get your money back so you don't just give away your money to a scammer and never try to get it back. If you found this video helpful, be sure to click on other videos on our channel to see if there's further information that could give you more insight into resolving your particular situation.