Seventh Circuit: Loss In Counterfeit Check Scam Lands On Shoulders Of Payor Bank

LexisNexis (December 23, 2016, 2:54 PM EST) -- In a recent decision, the Seventh Circuit has ruled that the loss caused by a counterfeit check deposited by a naïve attorney into his firm's trust account must be shouldered by the purported drawer's bank.  Once the check was paid by that bank, the attorney wired most of the proceeds to the Japanese fraudster, never to be seen again.  The payor bank tried like the devil to move the loss upstream to the bank of first deposit and the Federal Reserve collecting bank, based on breach of warranty, but to no avail.  First American Bank v. Federal Reserve Bank of Atlanta, Citizens Bank, N.A. and David M. Goodson, 2016 U.S. App. LEXIS 20934 (7th Cir. 11/22/16)....