News & Resources

Another bank sues over ACH and wire fraud

Sep 03, 2012 Dave King

Advancements in payment processing technology have no doubt improved the efficiency with which companies do business, though certain facets have been of particular concern regarding security. This includes ACH cards and wire transfer practices that result in fraudulent activity, costing businesses and banks high dollar amounts in lost funds. Bank Info Security recently reported that one bank filed a countersuit against a client after an ACH and wire fraud occurrence led to more than $400,000 disappearing. The bank wanted to obtain reconciliation for legal costs, damages and losses following the original suit from the business in question. The court decided to dismiss the case this week because it felt both entities should be held responsible, the news provider explained. Further, the Uniform Commercial Code includes a piece of legislation referred to as the Funds Transfer Act, which prevented the bank from having a solid suit against its client. Other instances of similar fraudulent activity have sent waves through the wire transfer and ACH card industry, including the now famous Patco Construction case. Courts have been using the term "commercially reasonable" to judge whether banks' security procedures are considered legal or unacceptable.