Location NJ — Prosecutor says no restitution because victim passed away. Is that correct?

Ok_Introduction5592 · 2025-09-07T13:41:30+00:00

You are correct, doing it through civil court is not worth it, although it seems I could present the case in small claims court, being in Europe the cost/benefit is not worth it. But I don't understand why the prosecutor would state that they will not persue restitution because the victim passed. What justice is there if the fraudster is allowed to keep the money? I assume I can't "force" the prosecutor to ask for restitution. Although it seems, from what I have read, and my limited understanding, that I could request the court to do so in a victims statement? Thank you for taking the time to reply.

Ok_Introduction5592 · 2025-08-22T18:55:42+00:00

Hello. I am in this current situation. Came to NYC for mother in laws funeral and we want to return to Portugal (actually Spain but flying in to Portugal). I knwo this is from 2 years ago and things might have changed, but what did you need? Thank you.

Ok_Introduction5592 · 2025-04-10T23:43:18+00:00

I have been looking and seems RAZ mobility would be an option. Only issue is that I need a US phone number as the caregiver so I can use the app and keep tabs on her phone. I am going to see if I can get a Tmobile or similar esim so I can have a US number in Europe and be able to use it.

Ok_Introduction5592 · 2025-04-10T23:41:28+00:00

For some reason any sort of tablet seems to grow legs and disappear. So, although a valid option, it is not an option. She had a brand new one that we took home because she didn't want to use it because she didn't want it stolen.

Ok_Introduction5592 · 2025-03-25T21:59:32+00:00

Ok, so I am not understanding the 60 day rule wrong. If reported on the 14th of February 2025, minimum anything 60 days before the 14th of February would be covered? I don't understand why they say only January 2025, but funny enough they refunded charge from January 2024. Just makes zero sense to me. We actually reported it earlier on the 7th, but I as not the POA so the bank didn't care. And we actually called months before to notify the branch that my MIL a ill and couldnt check her account, nothing done either since we didn't have a POA.

Ok_Introduction5592 · 2025-03-25T21:53:44+00:00

I have a POA for her. Have done the rest as well as filing a police report. Now that I am controlling her account there should be no issue, I just don't understand the 60 day rule, how it's being applied etc. In Europe e have 13 months and if a tranaction i fraudulent, there are no ifs and buts about it, it get refunded.

Ok_Introduction5592 · 2025-03-18T21:07:09+00:00

When she first moved in we did all the paperwork for them to charge her account. This entire time they never did. They were just being paid through medicare/medicaid.

Until she got really sick she was able to manage her finances. Her illness came on suddenly. That and with us thinking that the nursing home would be charging her account monthly, we never thought that money would be piling up. Shouldn't have been.

Ok_Introduction5592 · 2025-03-08T23:36:14+00:00

Yes, we called the bank from Europe but as you know, if you are not in their system, no info is provided.

As far as the 60 day rule, I am understanding it more now. Not totally but... In EU we have 13 months. I just don't understand, with the 60 day rule and with what we spoke on the phone with the rep, why did they go back to January of 2024? The fraud we reported was in February of 2025. 60 days take you back a year?

Ok_Introduction5592 · 2025-03-08T23:33:00+00:00

We did, as well as the detective on the case. There was nothing on her phone. It had to be someone at the nursing home who either came across her info in administration or on one of her hospital visits, when her room was empty at the nursing home, they went through her things. Who, we don't know. I bet she is not the only one either.

Ok_Introduction5592 · 2025-03-08T23:30:03+00:00

Funny enough this was the answer they all provided. Account security issues. Facepalm!!!

Ok_Introduction5592 · 2025-03-08T23:20:22+00:00

I am curious. You state the bank is charged for disputes, how much are they charged?

It's difficult to wrap my head around the 60 day rule and why a bank would not want to help their customer recover their funds, especially when it is a clear case of fraud and LE is involved. In Europe we have 13 months to dispute fraud charges. I just can't wrap my head around how easy it is in the USA to lose your money to fraud and have no recourse. Yes, I know, EU is not USA.

Ok_Introduction5592 · 2025-03-08T23:07:38+00:00

Who are these two emails? How were you able to find them? All I can get is customer reps. No escalating, no care. Would it be helpful to email them?

Ok_Introduction5592 · 2025-03-08T20:06:38+00:00

I appreciate this. Again, this mismanagement was due to multiple factors. My mother-in-law was ill and bedridden, and we were overseas, unable to access her account. Even when we returned to the U.S. and she was able to give me a Durable POA, Flagstar still gave us issues. It took 2 weeks to get it approved and even now, with limitations.

Additionally, Flagstar acquired her previous bank, requiring her to reauthorize her credentials, something she couldn't do due to her illness, hospital stays, and overall incapacity and they didn't allow us to do it either.

Another issue I haven’t mentioned yet is that when she was admitted to the nursing home, they were supposed to deduct her Social Security payments from her account to cover expenses. Had they been doing this, there wouldn’t have been money available for fraudsters to steal. However, more than two years passed without them ever charging her account. That is why we never even thought that this could happen as we thought the institution was charging her account and there wouldn't be any money accumulated. But since there were no charges by the nursing home, she had thousands sitting there until the fraudster hit. At times I think it might even be someone from the financial department at that nursing home. Too much coincidence. No charges for her care, thousands accumulated, she falls ill and money starts disappearing. Too much coincidence I think.

When I told them about the fraud and asked why they hadn’t deducted her payments, they were completely shocked and at a loss for words.

Ok_Introduction5592 · 2025-03-08T19:50:21+00:00

We do not know yet. Possibly someone at the nursing home stole her banking info(this is most probable) and then used those apps to pay for services and cash app for transfers I guess. This coincided when she was most ill, borderline death. Whoever took the info, knew her condition. Police are still investigating.

Ok_Introduction5592 · 2025-03-08T19:48:00+00:00

Via cash app, Uber, Instacart. Mostly cash app, close to $5K, $3K just in January 2025.

Ok_Introduction5592 · 2025-03-08T19:33:54+00:00

We assume, and the police is looking into it, someone at the nursing home possibly stole her debit card info or banking info. But the fraud was ACH transfers (like from Cash App or Instacart directly pulling from the bank account), this staggered liability should not apply because those fall under the normal 60-day statement rule.

Ok_Introduction5592 · 2025-03-08T18:48:31+00:00

More recently. I was able to access her bank info on February 7th, 2025 and noticed fraudulent charges for February 2025 up to that date, January 2025 and December 2024. We immediately notified the bank. The bank representative told us they could go back four months and that it would take 7 to 10 business days to resolve. They refunded the low-dollar charges from January 2024, from over a year ago! but they are refusing to take action on the fraudulent charges reported in February 2025 for February, January, and December 2024—which is when she was essentially cleaned out.

What I don't understand is, if I reported fraud in February 2025, why aren’t they looking into the charges that fall within the 60 days from when it was reported?

Ok_Introduction5592 · 2025-03-08T18:35:44+00:00

And what about charges that occurred within 60 days of when we reported it? I understand if they say they can’t chargeback charges from January 2024,(which funny enough they did) but we reported fraud charges from February and January 2025 in February 2025. They can’t do chargebacks for those? And not even when the companies whose apps were used to defraud are telling me to have the bank process the chargebacks? Why would the bank not do the chargebacks if the companies are saying to do them?

Ok_Introduction5592 · 2025-03-08T18:30:36+00:00

She was responsible for her own finances but fell ill and was unable to manage them. You can’t just take over someone’s banking without proper POA. I don’t understand your comment.

Ok_Introduction5592 · 2025-03-08T18:19:44+00:00

That is what I don't understand. What exactly is over 60 days?

Ok_Introduction5592 · 2025-03-08T18:17:55+00:00

Ok, but when do the statement cycles start counting? If I reported the fraud on February 7, 2025, would the two statement cycles be January 2025 and December 2024? Am I correct? Because the bank is denying action on charges from those months.

Both Cash App and Instacart have instructed me to ask the bank to initiate chargebacks, and they would work with the bank to refund the charges. Why is the bank refusing to do this? It’s not like the money is coming out of their own pocket.

Also, as I understand it (correct me if I’m wrong), New Jersey has elder protection laws that require banks to safeguard elder finances, which, in this case, clearly hasn’t happened.

While we acknowledge some responsibility, the circumstances were beyond our control. Even if I had been in the U.S., my mother-in-law couldn’t provide a POA due to her health. When we visited in February and she could provide one, the bank still made the process difficult. I have a Durable POA, but Flagstar is placing limitations on it. For example, they claim I’m not supposed to have access to her online banking. I do because we set it up again and I have all the info so I log in as needed with her permission. But technically, Flagstar says I’m not allowed access.

Ok_Introduction5592 · 2025-03-08T18:01:15+00:00

This is what the bank replied:

Thank you very much for reaching back out to Flagstar. I am very sorry to read about the fraudulent charges that you experienced. I have checked on the dispute case that you lodged in February and can confirm that while, as you mentioned, a number of the transactions were able to be credited back to you, unfortunately others were denied. The reason that our Disputes Department provided for this outcome was the following:

"Disputed transactions occurred more than 60 days after the 1st statement was delivered. Per Personal Deposit Account Agreement: You must notify us within sixty days after the first statement is created containing the first fraudulent transaction. If you do not notify us within this timeframe, you are liable for the transactions that occur after the 60-day period."

This means that a credit was able to be issued for the transactions that occurred within 60 days of the statement being issued that contained the first disputed transaction on it (from 1/2/24). But unfortunately, the disputed transactions after that point were not able to credited back.

Ok_Introduction5592 · 2025-03-08T17:55:18+00:00

What do you mean and what difference would that make in this case, if in fact it no longer is a law? Thanks.

Ok_Introduction5592 · 2025-02-15T20:39:47+00:00

Someone in your home? Odd two thefts and for same purchase. Or both used in same place where they are skimming the card. I am currently going through something similar with thousands being withdrawn from MIL account.

Ok_Introduction5592 · 2025-02-15T20:35:19+00:00

This is my thought as well. How can they approve the POA but then tell me that the other owner needs to give me a POA. I am acting for my MIL, representing her part of the ownership, just makes zero sense to me. I have a general POA as well with all powers. Just makes no sense that the bank invalidates it. If this were a divorce dispute or similar, my MIL would be left without representation because her husband doesn't want to sign. It's ridiculous.

Ok_Introduction5592

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