Community Bankers' Advisor

i  August, 2002

Page 4 


the bankruptcy system by people who can afford to pay their debts. Nationwide, a new record high was set in the number of bankruptcy petitions filed last year. The majority of consumer bankruptcy filings are filed under Chapter 7 of the U.S. Bankruptcy Code, which allows people to erase credit card and other debts. Chapter 7 filings during the 12-month period jumped 17.2%, to 1,059,777. Creditors are woefully familiar with Chapter 7 provisions, where, in return for having their debts dissolved, debtors turn over their property to a bankruptcy trustee, except for basic necessities such as a car or clothing. Property with value is sold to pay creditors, typically pennies on the dollar, if anything. By contrast, nationwide filings under Chapter 13—in which people repay debts over time in accordance with a court-approved plan—rose 10.2% to 433,107.

Check Fraud: Hints for Avoiding Losses

It can’t be stressed enough that check fraud is one of the biggest challenges facing financial institutions in the 21st Century. Technology has made it easier for criminals, either independently or in organized groups, to create increasingly realistic counterfeit and fictitious checks as well as false identification that can be used to defraud financial institutions. Bankers, tellers, and operations personnel should be ever-vigilant to protect their institution from check fraud. As always, the first line of defense is the teller. One way to concentrate on the prevention of check fraud is to include a separate section on the subject in teller manuals. This section might emphasize typical check fraud schemes and warning signs, which include:

* A check that does not have a MICR line at the bottom.

* A routing code in the MICR line that does not match the address of the drawee financial institution.

* MICR ink that looks shiny or that feels raised. Magnetic ink is dull and legitimate printing produces characters that are flat on the paper.

 

 

* A check on which the name and address of the drawee financial institution is typed rather than printed, or that has spelling errors.

* A check that does not have a printed drawer name and address.

* A personal check that has no perforated edges.

* A check on which information shows indications of having been altered, eradicated, or erased.

* A check drawn on a new account that has no (or a low) sequence number or a high dollar number.

* A signature that is irregular-looking or shaky, or shows gaps in odd spots.

* A check printed on poor-quality paper that feels slippery.

* Check colors that smear when rubbed with a moist finger (indicates they were made on a color copier).

* Checks payable to a corporation that are presented for cashing by an individual.

* Corporate or government checks which show numbers that do not match in print style or otherwise suggest that the amount may have been increased.

* Checks presented at busy times by belligerent or distracting customers who typ to bypass procedures.

* Checks that have dollar amounts in numbers and in words that do not match.

* Items marked “void” or “non-negotiable” that are presented for cash or deposit.

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COMMUNITY BANKERS' ADVISOR is designed to share ideas and developments related to the field of banking. It is not intended as legal advice and nothing in the COMMUNITY BANKERS' ADVISOR should be relied upon as legal advice in any particular matter. If legal advice or other expert assistance is needed, the services of competent, professional counsel should be sought.

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