A Mar Vista woman successfully sued Bank of America to reimburse her for $5,000 in forged checks.
Yvonne Tawfik took the bank to Santa Monica small claims court Wednesday to recover the money, which an employee had charged on a line of credit Bank of America had extended to her.
Bank of America officials said they shouldn’t be held liable for the money because Tawfik didn’t report the irregularities within the 60 days the bank gives customers to report suspicious charges on their accounts.
But Tawfik said she had been in China during April and May 2002 on business, and while she was there a man she hired to watch over her home wrote a check for $1, 500.
Then the man, whom Tawfik declined to name, changed the mailing address the bank had on file for Tawfik’s account to his address. He then ordered more checks. Before Tawfik knew what had happened the man had passed nearly $7,500 in fraudulent checks.
When Tawfik caught on to what was happening, she notified the bank, but officials there said it was a police matter. However, police told Tawfik it was a bank matter.
“I got tired of the run-around and I decided to take them to court,” Tawfik said. “I figured I was essentially talking to a brick wall when it came to the bank.”
Commissioner Roberta Kyman awarded Tawfik $4, 875 plus court costs. Kyman was not immediately available to explain her ruling.
But Tawfik said she hopes the ruling will send a message to the banking community that they have a responsibility when it comes to fraud and identity theft.
Originally published in the Santa Monica Daily Press print edition on February 24, 2003. Read the original PDF.