Protecting Your Business from Forged Checks
I recently had the unfortunate experience of advising a small business client whose employee had been forging checks for a number of months for a total dollar amount in excess of $100,000. Below are some lessons learned from the experience:
1. Check your bank statements promptly and regularly. A bank may be required to reimburse a business for amounts lost due to a forged check--but only within certain limitations. In New York, a bank will only be obligated for such reimbursement if the account owner notified the bank of the forgery within 30 days following the mailing of the first statement reflecting the forgery. The 30-day period can be shortened, depending on your bank's agreement and jurisdiction.
If there was a string of forgeries by the same person, for purposes of determining whether a bank is required to reimburse, it will look to the date of the first forgery. Therefore, in the current scenario where the string of forgeries was initiated more than twelve months ago, the bank was under no obligation to make my client whole.
An account owner has an affirmative duty to exercise ordinary care in managing the account, a duty that includes regularly and promptly reviewing bank statements. An account owner neglecting this duty cannot after the passing of time claim reimbursement benefits.
2. Perform a background check. While somewhat distasteful, this could be an effective preventive measure. Additionally, in at least one situation, a bank refused to reimburse an account owner who had not performed a background check on an employee who forged checks. In that scenario, the forger had prior convictions for exactly this type of embezzlement. Under the bank's theory, the account owner did not exercise ordinary care, and therefore denied the claim.
In the current situation, the employee had been arrested in a similar scam.
3. Review your insurance policy. Many business insurance policies include coverage for forged checks. Thankfully, my client's policy contained such coverage. The policy covered a significant portion of the loss, but, unfortunately, it was nowhere near the full amount.
4. Report the crime. The only way your business will be reimbursed from either the bank or the insurer is to present them with a police report.