We think you are or should be liable. If the scammer deposited a bogus check to your account and withdrew the funds without your knowledge, your bank should not hold you liable, since you obtained no benefit from the fraud. However, in this case you state that you withdrew the funds from your account.
You don't get to claim that you've been victimized and profit from the fraud. You ought to have known that the funds weren't yours to take if you responsibly reviewed your account activity, as required by your deposit account agreement and the law. You've described something the law calls "unjust enrichment," and others might refer to as a "free lunch." Pay the money back. It's not yours.
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We think you are or should be liable. If the scammer deposited a bogus check to your account and withdrew the funds without your knowledge, your bank should not hold you liable, since you obtained no benefit from the fraud. However, in this case you state that you withdrew the funds from your account. 