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Beware of ‘check-washing’—a crook stole $310,000 from this couple and banks won’t help

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Fraud can happen to anyone, even wealthy entrepreneurs. Steve, who asked his last name not be used so he could tell this story, was shocked to discover that someone had stolen one of his checks that was supposed to go to the IRS. Months later, Steve, whose firm helps lawyers serve legal documents, was still on the hook for a $310,000 federal tax payment.

In early January 2024, Steve’s wife wrote a check, from their personal Wells Fargo bank account, and addressed it to the IRS for $310,000. This check was Steve’s estimated payment for his first-quarter federal taxes that year. She took the check to a secure mailbox inside a Seattle area post office and the check cleared on Jan. 31, according to a Wells Fargo bank statement.

It wasn’t until the following November, when his accountant contacted him, that Steve realized the IRS never got the check. Then, on Dec. 18, the IRS asked Steve to provide a front and back copy of the $310,000 check. After his wife retrieved a copy from a local Wells Fargo branch, Steve discovered that someone had stolen the $310,000 check, chemically washed it, and replaced “IRS” on the payee line with a random name “Ezavier Josiah Staples.”

Staples—or whoever pulled off the scam—had signed the back of the check and deposited it into a JPMorgan Chase checking account.

When asked why he didn’t realize any sooner that someone had stolen the check, Steve said he makes “more than a hundred” payments each quarter because he operates multiple businesses across different states, which is why he didn’t notice that the IRS hadn’t received the check. He could go through each payment but that “would be exhausting,” Steve said.

A very prevalent fraud

Check fraud is big business. In 2023, nearly 80%, or $21.1 billion, of global check fraud occurred in the Americas, according to the Nasdaq’s Global Financial Crime Report. Fraud prevention was one reason that prompted President Donald Trump to sign an executive order in March directing the federal government to stop using paper checks and switch to secure electronic payments as of Sept. 30.

Christopher Caffarone, a partner at law firm Pillsbury Winthrop Shaw Pittman’s corporate investigations and white collar defense practice, said schemes like check washing are very prevalent. “Members of the public should be vigilant about reviewing financial accounts. If they see anything suspicious, they should report it to the financial institution and to the police,” Caffarone said.

This is exactly what Steve did. On Dec. 18, the day he learned of the check fraud, Steve filed a claim with Wells Fargo. One week later, Steve received a form letter from the bank denying the claim, because too much time had elapsed. Then he reported the fraud to the Seattle police, who told Steve that he had a year to report the fraud, which started the moment he realized a crime had been committed. “I’m just shocked that [banks] don’t have insurance for this kind of thing, or with all the fraud stuff they’re doing, that they don’t care about protecting the consumer,” he said.

U.S. Banks are governed by the Uniform Commercial Code. Under the UCC, victims of check fraud have one year to file a claim, but banks can shorten this time to much less. Banks like Wells Fargo typically give consumers 30 to 60 days to notify them of check fraud, which will start the process of recovering funds. 

Steve also reported the case to the Office of Comptroller of the Currency, which regulates and supervises national banks; the Consumer Financial Protection Bureau, a government agency dedicated to protecting the consumer in the financial marketplace; and with the Internet Crime Complaint Center, a division of the FBI. He hasn’t heard anything from the OCC or the IC3. The CFPB told Steve there was nothing they could do because Wells did nothing wrong.  

The entrepreneur isn’t backing down. “It’s just a principle of the thing for me. I just can’t believe that in this day and age, someone could steal $310,000 and both Chase and Wells Fargo just say, ‘Tough luck.’ They have no checks and balances, or nothing in place to protect us,” Steve said.

He has started legal action against Wells Fargo, but there is still no resolution. The bank, in a Feb. 11 letter, said it had sent a request to Chase to retrieve the $310,000. A Chase spokesman told Fortune that the bank did receive a claim from Wells Fargo and are looking into the matter.

Steve said the case may go to arbitration, where he might lose and then he could be responsible for much more, including Wells Fargo attorney fees.

How to avoid

Wells Fargo and Chase each provided tips to help deter check fraud. Both banks encourage consumers to use check alternatives, including online or digital payments, when possible. Chase advises its customers to use permanent ink and, when writing the payee’s name, to fill up the whole line. Wells Fargo recommends that consumers set up account alerts, and promptly review their statements, including the front and back images of cashed checks. “We never want to see anyone fall victim to fraud or scams,” a Wells Fargo spokeswoman said.

Steve is not to blame for what happened, said Pillsbury’s Caffarone. “Blame falls squarely on the individual who stole the check and used it for their own personal gain,” Caffarone said.

For now, Steve is out an additional $310,000, which he paid to the IRS—along with interest and a penalty. But he and his wife have learned an important lesson.  “Don’t use checks for anything, unless you’re just paying your babysitter or your dog walker or someone you really know and you’re handing it to them. And don’t put checks in the mail,” Steve said.

This story was originally featured on Fortune.com



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Warren Buffett says he handing over Berkshire Hathaway reins after realizing how much more Greg Abel could get done in a 10-hour day

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  • At 94, Warren Buffett announced he will step down as CEO of Berkshire Hathaway, emphasizing his strong support for successor Greg Abel, whom he praised for his energy, effectiveness, and leadership. Buffett called it “unfair” to hold Abel back any longer, reaffirming his confidence in Abel’s ability while pledging to remain involved and continue supporting the company’s future.

At the age of 94, Warren Buffett said he finally began slowing down.

The Berkshire Hathaway CEO shocked shareholders earlier this month when he announced he would be stepping down from the investment giant’s top job and handing the reins to his named successor, Greg Abel.

Buffett has now revealed that he decided to step down after he witnessed how much his successor could do in a working day compared to his own output.

“I didn’t really start getting old, for some strange reason, until I was about 90,” Buffett told The Wall Street Journal. “But when you start getting old … it’s irreversible.”

The ‘Oracle of Omaha’ continued: “The difference in energy level and just how much [Abel] could accomplish in a 10-hour day compared to what I could accomplish in a 10-hour day—the difference became more and more dramatic.

“He just was so much more effective at getting things done, making changes in management where they were needed, helping people that needed help someplace, but just all kinds of ways. It was unfair, really, not to put Greg in the job.”

Abel was first identified as the unofficial successor by Buffett’s former right-hand man, Charlie Munger, on a call in 2021 with the Berkshire chairman confirming the news a matter of days later.

At the May 3 annual shareholders meeting, Buffett announced that he would step down by the end of the year.

Speaking to a stunned crowd, Buffett, now 94, said neither Abel nor the board (bar his two children, Susie and Howard) had been aware of his intention to leave the CEO position.

Buffett added that the next step was proposing the move to the board the following weekend, who would then convene in a few months to take action.

“I think they’ll be unanimously in favor of it, and that would mean that at year-end Greg would be the chief executive officer of Berkshire and I would still hang around and could conceivably be useful in a few cases,” Buffett added.

Despite the investment legend’s backing for Abel—and his promise to stay on at Berkshire—the conglomerate’s share price dipped on the news and is now down 4.7% over the past month.

The man worth $156.6 billion, per Forbes, is one of Berkshire’s largest shareholders but has reconfirmed his plans to slowly gift them away for philanthropic endeavors.

Buffett will still be on call if there’s a panic in the market

Buffett has also pledged ongoing investment in Berkshire, which he views as a sign of confidence in Abel, through financial backing and his time.

While he’ll step down as CEO, Buffett will still come to work for the company with a market cap of $1.08 trillion.

“My health is fine, in the sense that I feel good every day,” he told the WSJ. “I’m here at the office and I get to work with people I love, they like me pretty well, and we have a good time.”

He continued, he could serve as a steadying hand in turbulent economic times: “I don’t have any trouble making decisions about something that I was making decisions on 20 years ago, or 40 years ago, or 60 years ago.

“I will be useful here if there’s a panic in the market because I don’t get fearful when things go down in price or everybody else gets scared. And that really isn’t a function of age.”

He added: “I’m not going to sit at home and watch soap operas. My interests are still the same.”

Abel will oversee Berkshire’s investment strategy while Buffett is still at the company, the chairman added, having proved his investment chops while overseeing the business’s push into infrastructure for generating electricity from green sources.

Under Abel’s supervision, Berkshire now ranks as America’s largest regulated utility for wind generation, operating wind farms in Texas, California, and across the Midwest, particularly in Iowa.

Berkshire’s strategy under Abel remains to be seen, but the key question on spectators’ lips is how the incoming CEO might spend a near-$350 billion cash stockpile.

“He will have ideas,” Buffett said.

This story was originally featured on Fortune.com



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