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Home >> Accounts >> ATM/Debit Cards
Bank Refuses Surveillance Tapes to Prove Fraud
Three days after my father passed away, someone used his ATM card. After carefully reviewing the banking statements, it appears excessive ATM withdrawals were made a few weeks prior to my father's death as well. My father was physically disabled and home-bound prior to his death, making it impossible for him to conduct the transactions. Seeing that his ATM card was used after his death, my family requested video or photographic images of that transaction as well as the prior ATM transactions just prior to his death. The bank has refused to provide the information. Is there something that can be done? If someone stole money from our father's account, we want that person held responsible.
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 You can file a Reg E claim for unauthorized withdrawals using the ATM card. This should be done by whomever is the executor of the estate. You will have to say why you believe the withdrawals were not authorized and specify which ones. Your father could have approved of the withdrawals prior to his passing. That authority should have ceased when he passed, so those later ones are easier to dispute.
The bank will evaluate the claim and repay the estate if the claim is valid. If they deny the claim they must offer to show you their evidence supporting their decision.
Please note that there isn't always film of each transaction, and often recordings are deleted or over-written after a short period of time. If you came into our bank and wanted the tapes, we wouldn't provide them either. There are legal and privacy issues that would prevent that, so don't fault the bank, but do look for the money that may have been taken illegally.
Published on BankingQuestions.com 11/25/08
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