Patrick Combs - Stories

Bank Error In My Favor: Collect $95,000 / ORIGINAL version.
© 1995 Patrick Combs

"The Bank Freaks Out"

One week after I put the cashier's check into the safe deposit box and thirty-three days after I deposited the advertising check, three people from my bank called and flooded my voice mail with messages that said it was "very important" and "very urgent" that I return their calls "as soon as possible." One person was a man from my branch office. (One of the calls was from my branch office, one from the Los Angeles headquarters, and one from an officer in the security department).

That evening I put my bank card into an ATM to get some cash for dinner. The ATM ate my card and on the screen, green words glowed, "Card Confiscated. Contact Your Branch Office."

The next morning I was up at 5:30 am to catch a flight to New York to begin a three week vacation I had scheduled over a month ago. My flight had a short stopover in Seattle at about 10:00 am and I used the time to return the bank's calls. I decided to return them in the order that they had been received, so first I called Jerry Jarvis, the person from my branch office.

(All of the conversations below are written out as I remembered them shortly afterwards. They are however, not verbatim. In addition, the names are changed to protect people.)

ME: "I'm calling for Jerry Jarvis."
FI: "I'm sorry, he's not in today. Can I take a message?"
ME: "Yes, please tell him Patrick Combs called."
FI: "OH!! Hold a second, please."

A different woman began speaking to me.
HER: "You got a cashiers check from us for $93,095.35 that we need back. Can you bring me the cashiers check today?"
ME: "With whom am I speaking?"
HER: "This is Sharon from customer service."
ME: "Sharon who?"
HER: "Sharon Kempner."
ME: "And what is your title Sharon?"
HER: "Customer service manager -- can you bring me that check?"
ME: "I can't. I'm in Boston till July 6."
HER: "Where is the check?"
ME: "It's in a safe deposit box."
HER: "Does someone else have a key?"
ME: "NO."
HER: "When do you come back?"
ME: "July 6th. I can give you the money then. Sharon, how did this matter come to your attention?"
HER: "The check came back insufficient funds."
ME: "I was worried it might, but I was told at some point by a F.I. manager that by law it could no longer be returned."
HER: "Well that's wrong. It can come back for a full year. I'd like to know who told you that. Do you remember who it was?"
ME: "No."
HER: "What kind of check is this?"
ME: "Have you seen the check?"
HER: "Yes, I'm holding it in my hand."
ME: "It's a junk mail check"
HER: "I thought that's what it was. Why did you deposit this check? It clearly has the words 'Non-negotiable' marked across the top right edge of the check. I don't know why you deposited this check. Were you just experimenting?"
ME: "I don't know.... How do you think this happened -- that it was accepted by three banks?"
HER: "I don't know but you need to give the cashiers check back. You shouldn't have done this."
ME: "I'll give it back to you when I return -- I just can't understand how this happened."

Somewhere around here our phone call ended politely, with her seemingly satisfied that I was going to bring the money back.

It was time to board the plane again, but I had another stop over in Chicago. I used that stop over to return the next two calls. I called Frances at the bank's L.A headquarters. This conversation was very brief. She said she'd heard that everything was OK -- I was going to give back the money. I got her full name and title, although she didn't like giving it to me: Frances Ferrera, Branch Operations Support. Apparently she was in on this because someone called her and asked her the 'official bank policy and procedure' for what to do when a bank accidentally cashes a check $95,093.35 with the words "non-negotiable" on the front.

Now it was time to call, Robert Gage, First Interstate Security Officer. He took my call no problem (funny how you don't have to maze your way through time wasting voice mail systems when you've got a chunk of their change). Robert is an older man with a very gruff, cop's voice. HE WAS NOT A HAPPY CAMPER.

Immediately he informed me he was 'on the case' and what he wanted was THE CASHIER'S CHECK NOW. When I asked him how he thought this could have happened, he let me know loudly that, he didn't care a bit WHY First Interstate bank would have cashed a junk mail check, because this was a matter of fraud!

He'd heard I was out of town so he proceed to drill me with possible ways to get the check back now:

HIM: "Can you fly back to return the check right now?"
ME: "No Sir.
HIM: "Then could someone else open the box?"
ME: "No Sir. I'm the only one on the signature card."
HIM: "Then, will you give me permission to drill the box?"
ME: "No Sir."
HIM: "So you won't cooperate!"
ME: "Yes I will. As soon as I get back on July 6th."
HIM: "Why won't you give me permission to drill the box?"
ME: "Because it would be irresponsible of me. You say you're from First Interstate Bank and that the check was returned, but I haven't received anything in writing. I feel responsible for the money now and I feel like I should receive an official letter from my bank."
HIM: "You're not getting any letter! This phone call is all you're getting and it's all I have to give you!! You committed bank check fraud when you got a cashier's check for money you knew wasn't yours. And this isn't about $100 or $10,000. We're talking about a $100,000 dollars!! Almost $100,000! If you don't return that money what you're going to get is policemen on your door!! Now will you give me permission to drill the box!"
ME: "No Sir."

Up until then our conversation was excruciating! It took a turn for the better, meaning he lightened up a lot, when I told him, "I have not, nor do I intend to spend a cent of that money. And I have no intention of keeping money that doesn't belong to me." As a matter of fact, it warmed him up so much that he said if I would agree to call him on July 6th, the minute I got home, no matter what the hour (he gave me his home number and his pager number), then he wouldn't take further action. Plus he said he'd comply with my request to unfreeze my bank account so that checks I had written wouldn't bounce.

That conversation left my mind racing for days...

Part IV: Learning My Rights"