Here’s why we tolerate fake check scams

Source: Better Business Bureau

The daily news is filled with personal stories about bad experiences with banks. Here’s a recent example. In November 2024, a charity inadvertently accepted a fake check from a would-be donor. The charity's bank allowed the charity to deposit the check, crediting it with the funds. A few days later the bank discovered the fake, but only after the charity had transferred some of the "donated" funds back to the donor, a scammer. The bank then raided the charity’s bank account for the full amount, leaving the charity out of pocket.

Readers will find this story disturbing. Banks are supposed to protect scammed customers, not kick them while they are down, especially charities. Many of us will wonder if the payments system needs to be fixed. 

But payments systems are complex organisms that have evolved over many centuries. When viewed from afar, what appears to be a glitch is often actually an element of a balanced whole. Solving the problem of fake check scams would upset this balance, introducing new complications further down the payments process.

Let’s look a bit more closely at the scam.   

The anatomy of a fake donation scam

Approached by a stranger who wanted to donate money, Motorcycle Missions – a Texas-based charity that helps helps veterans and first responders with post-traumatic stress disorder – was sent a $95,000 paper check in the mail. Motorcycle Missions proceeded to deposit the check at its bank, Chase, which immediately credited the charity for the full amount. A few days later, the stranger asked for some of the money back. His assistant had made a mistake, the stranger claimed, and the check was supposed to be for just $50,000. So Motorcycle Missions helpfully wired $45,000 to the stranger's account.

But it was a scam. The check, donation, and donor were all fake. Unfortunately, the $45,000 that flowed out of Motorcycle Missions's account and into the account of the scammer was very real. Chase promptly seized $95,000 from the charity’s account as compensation for the amount of money that it had created upon accepting the fake check. Because it had paid out $45,000 to the scammer, the charity was left $45,000 out of pocket.

Unjust? It seems so. Charity gets tricked by scammers only to have his fat cat banker, the one who processed the check, refuse to help him. Unfortunately, scams like this are all too common.

Exploiting the check timing gap

In addition to exploiting the constant need of charities for funding, fake donation scammers exploit a weakness in the check payments system. Specifically, they target the timing gap between a bank’s initial crediting of funds to a depositor’s account and the point at which a check’s authenticity is finally verified.

When someone accidentally brings a scammer's fake check to the bank, banks will do their best to catch it. But some fakes sneak through. This is where the timing gap opens up. 

The amount indicated on the face of the fake check is credited to the depositor’s bank account. The customer can then spend it (or be duped into paying off their scammer). But behind the scenes the actual processing and settlement of the fake check grinds on. A few days or even weeks later the check’s true nature is eventually discovered. But, by then, the sneaky scammer has already received their electronic payment.

So why don’t we just fix things by removing the timing gap?

The tradeoff between speed and security

The payment system is a combination of tradeoffs and sacrifices. We can remove the check timing gap, but this means introducing other weak spots into the checking system.

For instance, we could easily put a quick end to all fake donation scams by stipulating that banks only credit funds to depositors’ accounts after the paper check has been irrevocably confirmed to be legitimate. In that case, if Motorcycle Missions were to accidentally deposit a fake check, it needn’t worry. The check will eventually be caught and the charity won’t be hit with a $45,000 charge. Knowing that the system has a perfect defence, scammers would stop check scamming.

But there are consequences to fixing the timing gap. All of us check-users would now be required to wait days, even weeks in some cases, before we can spend our money.  

Speed is an important feature of any payments system. Because Motorcycle Missions was probably a longtime and trusted customer, Chase allowed the charity to use the amount printed on the face of the check immediately, even though the check hadn’t definitively settled. In bank-speak, banks will lend or grant provisional credit to their check-cashing customers. 

This service is important to us. We may have bills due two days from now. We can’t wait weeks for our checks to be 100% settled.

In fact, check speed is considered so important that according to U.S. law, specifically Regulation CC, all checks deposited must be made available for withdrawal by the business day after the day of deposit. Since the only way for banks to meet these standards is to grant provisional credit, the timing gap is legally baked into the system. 

And into this gap scammers stream. We accept these chinks in the check system because we want the overall process to move more quickly.

Who bears the costs of speedy checks?

If society has decided to tolerate the fake check problem in order to get more speed out of the check system, someone has to bear the extra credit risk of these fakes. Which unfortunate party is held responsible?

Commercial law places this risk squarely in the lap of bank customers. (See also). When a bank puts money in a customer’s account upon deposit of a check, it is lending to them. As with any loan, the lender can collect should the borrower default (say, because the check was fake). 

That’s exactly what happened with Motorcycle Missions. It was granted $95,000 in provisional credit after depositing a fake check, only for the loan to be called when the fake was discovered.

We might not think this is fair. Surely banks are better at evaluating whether a check is fake or not than customers. So why not shift the burden of absorbing the cost of fake checks onto banks and away from the public? 

We could certainly design a payments system along these principles. Now when Motorcycle Missions deposits a fake $95,000 check, and its bank credits it the amount, Chase must absorb the $45,000 expense when the fake is discovered.

In this system, not only would banks make check payments go fast by offering provisional credit. They would also take on all of the risk of fake checks. What a win for bank customers! We’d get maximum speed and complete safety. 

But it’s not that easy. 

To absorb the costs of extra credit risk, banks like Chase would probably increase monthly checking account fees. Rather than passing on the costs of fake checks exclusively to the scammed customers, as in the current system, every customer would bear part of the burden in the form of higher fees. 

This spreading-out of costs is a win for vulnerable customers who, given the precariousness of their business or personal lives, are more likely to fall for fake check scams and be hurt by associated penalties. But the rest of the bank’s customers may not be as thrilled, preferring charges fall on those who make mistakes. 

In sum, what happened to Motorcycle Missions is unfortunate. But solving the problem of fake checks isn’t as easy as one might think. Changes to a tightly-wound system like the check system involve tradeoffs. You don’t get something for nothing.

P.S.: Please consider donating to Motorcycle Missions here.

[A version of this article was originally published at the AIER's Sound Money Project.]

The unbanked, the post office, and fintech in the 1880s

"A large population of people are excluded from the financial system because they don't have bank accounts. Fintechs compete to connect them and parallel plans emanate from the government to reach the unbanked, including postal banking."

What year am I describing in the above paragraph? 

It could be 2021. But it also describes 1870s. 

It's 2021 and the U.S. still has a large population of unbanked, those who have so little money that banks would rather not serve them. An astonishing 5.4% of Americans—that's 7.1 million households—do not have bank accounts.

Financial technology companies (aka fintechs) like PayPal and Facebook's Libra have well-meaning plans to connect the American unbanked population. Government-run proposals abound too. Postal banking is probably the most popular option, but more exotic solutions like central bank digital currency (CBDC) have also been floated. But many economists are wary that these government efforts will cripple the private sector.

None of this is new. Concerns over the unbanked, fintech, and a government participation in the payment system were all present back in England in the 1880s. Since I enjoy when the past resurfaces in the present, I'll tell the story.

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Britain in the 1870s had a very sophisticated chequing system. Because banks were the only way for people to access cheques, and banks preferred to limit accounts to rich people and wealthy merchants, the poor and middle class were often left out. 

Luckily, the 1870s version of fintech came to the rescue. The PayPal of the day was something called the Cheque Bank. Established in 1873, the Cheque Bank—like PayPal today—was a bank-on-top-of-a- bank. What do I mean by this?

PayPal is a customer of Wells Fargo, a large commercial bank. Wells Fargo provides PayPal with banking and payments services. PayPal in turn passes these services on to PayPal account holders, folks who might not otherwise qualify as customers of Wells Fargo or, if they could, prefer the way PayPal rebundles underlying Wells Fargo services.

Stock certificate for the Cheque Bank, Limited

The Cheque Bank operated on the same principles. It opened accounts at bank branches all across United Kingdom and overseas. Like PayPal, it passed through underlying banking services to its unbanked customers. The Cheque Bank's main product was cheques, which today might seem quaint. But back then they were cutting edge.

Anyone could buy a book of Cheque Bank cheques at a stationer or cigar store, the Cheque Bank redepositing the cash it received with its bankers. The customer could then spend those cheques at stores, send them to family via the mail, or hold them as a form of saving in lieu of cash (which was always at risk of being stolen). People who accepted a Cheque Bank cheque as payment could promptly take the document to any bank and cash it.

Much like PayPal does today, the Cheque Bank held 100% reserves. That is, for every $1 in cheques it issued, it kept $1 locked up with its bankers. And so its cheques were considered to be as safe as cash. Put differently, regular banks engage in both lending and payments. But fintechs like PayPal and the Cheque Bank don't lend at all. They deposit all of their assets at an underlying bank and focus on offering the payments side of the banking business to their customers.

The Cheque Bank attracted the attention of William Stanley Jevons, one of the most important economists of the day and still very much a household name among economists today. Jevons was one of three economists (along with Carl Menger and Leon Walras) to discover the principle of marginal utility, a key economic principal which had eluded even Adam Smith. 

In his 1875 book Money and the Mechanism of Exchange, Jevons devotes a full chapter to the Cheque Bank, describing it as a "very ingenious attempt" to "extend the area of banking to the masses." Here is what one of the Cheque Bank's cheques looks like:

1899 cheque issued by the Cheque Bank [source]

The cheques could only be filled to an amount printed on the document, writes Jevons. So the above cheque, which had been purchased for £5, could be written out for anything up to £5, although in this particular case the cheque writer (H.L. Stevens) chose the sum of 3 pounds 3 shillings. 

Jevons isn't the only notable economist to write about the Cheque Bank. It also pops up over a hundred years later in economist Edward S. Prescott's work, who describes it as a "highly interesting experiment in extending the use of checks to the lower and middle classes." Prescott suggests that the ability to write a specific amount on the face of one of these cheques would have greatly facilitated payments through the postal service since there was no need for change. Unlike a regular cheque, which also offered this flexibility, the recipient of one of the Cheque Bank's cheques needn't worry about it bouncing.

Jevons was excited by the Cheque Bank. But he was not a fan of a subsequent competing payments innovation, the postal order.

The British Post Office, owned by the government, had long been engaged in the business of transmitting money orders, unofficially since 1792 and officially since 1838. A customer would walk into any money order office, put down, say, £2 and 2 shillings, and get a £2 2s money order. The recipient's name was then written on the order. It could then be sent via post to a distant office, upon which the recipient could take the money order to the counter to be cashed. The officer would first confirm the payment by referring to a separate letter of advice. This letter, sent from post office to post office, served an an extra layer of security against fraud. Only then would the £2 and 2 shillings be paid out.

The problem, according to then Postmaster General Henry Fawcett, is that the money order wasn't very useful to people who only wanted to send small amounts. "If a boy wanted to send his mother the first shilling he had saved, he would have to pay twopence for the order and a penny for postage," wrote Fawcett. In other words, to send a 12 penny (i.e. one shilling) money order, three pennies—a massive 25%—had to be sacrificed in fees. (A shilling in 1880 was worth around US$8 today.) And so it would have been an expensive payments option for the poor.

Prior to his appointment as Postmaster General in 1880, Fawcett had been both parliamentarian and the first professor of political economy at Cambridge. And while he wasn't as illustrious an economist as Jevons (he hasn't left us any bits of economic theory), Fawcett did write what was one of the popular textbooks of the day.

But if Fawcett wasn't going to change the study of economics, he did intend to change the payments system. As Postmaster General, Fawcett proposed complementing the money order with a new product called a postal note, or postal order. (The postal order had been earlier conceived of by George Chetwynd, the Receiver and Accountant General of the Post office). Like the cheques issued by the Cheque Bank founded just seven years before, postal orders would have a fixed denomination printed on them. These increments were to start at 1 shilling and go up to 20 shillings (US$8 to US$160 in 2019 dollars).

By contrast the post office's traditional payment product, the money order, was open-faced and had no denomination. Because postal orders would be issued in smaller amounts, the Post Office needn't bother sending separate letters of advice as a security measure, which meant that they would be far cheaper to process. And so the fees could be lower for postal orders than money orders, broadening the pool of customers.

In an 1880 essay, William Stanley Jevons blasted the idea of postal orders, which hadn't yet received legislative assent. Singling out Fawcett, Jevons wrote:

"The fact of course is that not only from the time of Adam Smith, but from a much earlier date, it has always been recognized that a Government is not really a suitable body to enter upon the business of banking. It is with regret that we must see in this year 1880 the names of so great a financier as Mr. Gladstone, and so sound an economist as Professor Fawcett, given to schemes which are radically vicious and opposed to the teachings of economic science and economic experience."

So that lays out the cast of characters in 1880. It includes exclusionary banks, hoards of unbanked, a set of opposed economists in Jevons and Fawcett, fintechs like the Cheque Bank, and a post office on the verge of issuing a novel product; postal orders.

2020 seems very much like 1880. To help connect the large population of American unbanked to the financial system, a number of modern day Fawcetts (Morgan Ricks, Mehrsa Baradaran, Rohan Grey) have floated public payments solutions including a return of postal banking, central bank digital currency (CBDC), or central bank-accounts-for-all.

Our modern day equivalents to the Cheque Bank includes non-banks such as prepaid debit card issuers Walmart and Netspend, both of which are trying to reach unbanked Americans. Online wallet companies like PayPal and Chime are also in the mix. And stablecoin issuers such as Facebook's upcoming Libra project talk a big game when it comes to financial inclusion. To round things out you've got your modern day Jevonses; economists who don't buy the idea that the government should get into banking (Larry White, George Selgin, Diego Zuluaga).

So how did things end up in 1880? Despite opposition from Jevons and the Economist, Fawcett's postal order dream came to fruition. After receiving legislative approval, the world's first postal orders were issued in 1881:

The world's first postal order was issued in 1881 by the British Post Office. The fee of a halfpenny on a one shilling postal order (~4%) was less than two pennies for a regular money order, which meant the not-so-wealthy could finally afford to make small remote payments. pic.twitter.com/KpbyoY0uHj

— John Paul Koning (@jp_koning) December 30, 2020

Postal orders would go on to become very popular. They largely displaced money orders, except for large amounts. Other postal systems including that of New Zealand, Canada, Australia, and the U.S. would go on to copy the idea. The UK's modern day incarnation of the post, the Post Office, still offers a version of the product.

And what about the Cheque Bank? Digging through old documents, Edward Prescott discovered that the Cheque Bank failed in the late 1890s. According to liquidation proceedings reported in the Banker’s Magazine, it was plagued by forgery problems and increased competition for less wealthy depositors from banks. Perhaps the emergence of the postal order also played a part.

I'm not invoking the 1880s as a prediction of what will occur in the 2020s. Rather, it fascinates me because it reveals how old these payments dilemmas are. The same tensions between public and private payments were present then as they are now. And it's also interesting to see how economists have always been engaged in questions of financial inclusion. Not just Fawcett but Jevons too, who we know primarily for his work on monetary theory. 

And over a hundred years later, Edward Prescott delved into the topic, too. In a 1999 paper (which mentions the Cheque Bank), Prescott discusses the idea of opening up an inexpensive type of bank account called an Electronic Transfer Account (ETA) so that all Americans, particularly the unbanked, might receive Federal benefit payments digitally. (Prescott was skeptical that ETAs might work out. The program, introduced in 1999, was discontinued in 2018 and has been replaced with a prepaid debit card program.)

In closing, the topic of how to help the unbanked is a complicated one with many moving parts. Which is why we should explore how things played out in different times. Perhaps history can get us to see the debate in a new light.

Merry Christmas and a Happy New Year!

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P.S. If you're interested in learning more about Jevons's thinking on payments, he was a big champion of the idea of creating an international coin standard. I wrote about it here. Think of it as a proto-version of the Euro. Jevons came up with a "tidy English solution" for fitting Britain into this proposed international coin union. The project never came to fruition.

An homage to the cheque (or check)

The check used to buy Alaska (source)

I recently read an FP article about the odd persistence of the cheque as a way to make payments. According to the author, even though cheques are slow and cumbersome, people are willing to live with these drawbacks because they like the ability to write messages in the memo field. Competing electronic payments options (in Canada at least) don't have the ability to write memos.  

Why do people still use checks? It's the memo field, apparently: https://t.co/ui0D0oTHEI pic.twitter.com/lkpEr9ZpEk

— JP Koning (@jp_koning) June 21, 2017

As someone pointed out to me on Twitter, in the U.S. the cheque's memo field is more than just a place for writing personal reminders. According to the law in certain states, when you disagree with your creditor about how much is owed—say the contractor who is building your deck has spent too much on materials—by writing out a cheque for less than the agreed amount and including "paid in full" in the memo line, the debt is extinguished the moment the contractor cashes it.  

What follows are some other neat things about cheques that don't get much attention.

People tend to think of cheques as a mere set of instructions issued to a banker on how to move bank deposits. To transfer deposits, we could always just walk into a bank and do this in person, but we prefer to save time and energy by issuing the instructions on paper.

But a cheque is more than just a substitute for a set of in-person verbal instruction. By inscribing these instructions onto a long-lived medium, we've created an entirely distinct financial instrument, something akin to a debt or a derivative. As long as a cheque exists, it derives its value from the underlying deposits that are expected to be delivered by the issuer.

Normally we take for granted that a $1000 cheque is worth $1000. But this isn't always the case. For instance, if the cheque writer decides to spend a $1000 cheque that has been post-dated for three months—i.e. the underlying cash can not be collected till then—the receiver will typically only accept said cheque at a discount to face value, say $960. After all, the receiver needs to be compensated for the interest they will have to forego in holding that cheque for the three months to encashment, not to mention incurring the risk that the cheque writer fails in the interim.

We don't normally think of cheques as a form of debt or financing, but after India's demonetization an interesting example of this practice was brought to light. This fascinating story describes how small-scale enterprises in Varinasi accept post-dated cheques as payment and then bring them to a battawala—or "one who deducts"—for discounting. The battawala sets his commission, or discount, based on the creditworthiness of the cheque issuer. The ability to sell post-dated cheques allows these businesses to finance expense such as salaries and inventories. A second article describes a battawala market that "opens from 3-7 p.m. every day at Chowk, the heart of the business district," where several thousand battawallas sit and trade post-dated bearer cheques for cash.

North America also has a post-dated cheque market of sorts. Payday lenders, which offer short-term lending to those who can't get it from banks, only issue loans on the provision of a post-dated cheque. They accept these cheques at large discount to face, so that a $350 cheque can only buy, say, a $300 loan.

In addition to being a form of debt, cheques are also a type of money. I don't mean in the sense that cheques allow for the transfer of underlying bank deposits; rather, an uncashed cheque can itself be transferred between many different parties as a medium of exchange. This is something that younger people who only use credit cards and P2P options may not know, but if the issuer of the cheque writes "to bearer" in the pay to field, then literally anyone who is 'bearing' or holding that cheque can bring it into the bank to be cashed. Given that it grants universal access to underlying cash, a $100 bearer cheque might be transferred three or four time over the course of a few days, resulting in $300 worth of transactions being consummated rather than just $100. In the first of the two articles I linked to above, for instance, the owner of a small sari business says that it isn't uncommon for a bearer cheque to change hands as many as five times. 

Just a head's up. Even if you indicate the name of the recipient in the pay to field of a cheque you've written, say to John Doe, he can still use it as a medium for paying someone else rather than cashing it... without you even knowing. By endorsing the back of the cheque with his signature, John Doe converts it into a bearer cheque. This is called blank endorsement. Anyone he gives it to can now either bring it in to be cashed or continue passing it off in a long chain of transactions. In the U.S., these sort of cheques are called third-party checks, although banks tend to be a little leery about accepting them these days.

The use of cheques-as-money is promoted by laws that, like banknotes, grant them currency status. I touched on this distinction last week, but here it is again. Say that person A is carrying some sort of financial instrument in their pocket and it is stolen. The thief uses it to buy something from person B, who accepts it without knowing it to be stolen property. If the financial instrument has not been granted currency status by the law, then person B will be liable to give it back to person A. If, however, the instrument is currency, then even if the police are able to locate the stolen instrument in person B's possession, person B does not have to give up the stolen cheque to person A. We call these special instruments negotiable instruments.

Instruments like cash and cheques that have been granted currency status, or are negotiable, have a big advantage over those that haven't. Because they won't be on the hook for returning stolen negotiable instruments, shopkeepers and others can accept these instruments without having to set up costly verification procedures. This means these instruments will tend to be more liquid than those that are non-negotiable.   

A neat result of the transferability of cheques is that cheque payment systems are incredibly robust in the face of disasters and banking system shutdowns. Any direct transfer a bank deposit, say using a debit card or some other form of electronic fund transfer, requires that the parties to a payment to establish a  communications channel with their respective banks. If there is a problem with either of the banks, the merchant, or the connection itself, then the transfer can't go through. With a cheque however, there is no need to communicate with one's banker. A cheque is created entirely without the bank's say-so. Anyone is allowed to receive that cheque, it being their choice to either cash it or pass it along. Which means that if the banking system is on the fritz, cheque payments can proceed.

The most famous example of this robustness is the Irish banking strike of 1970. With the entire banking system shut, for six months post-dated cheques circulated as the main form of money. In a well-known paper, Antoin Murphy recounts how pub owners acted as evaluators of the credit quality of each cheque, an episode I once wrote about here.

Another nice property of cheques is that, like cash, they can be used by the unbanked. If someone receives a cheque, they can go to the issuer's bank and cash it, even if they don't have a bank account. Alternatively, they can simply endorse the back of the cheque and spend it on as a medium of exchange.

This combination of negotiability, robustness, openness, and decentralization means that long before bitcoin and the cryptocoin revolution, we already had a decentralized payments system that allowed pretty much everyone to participate and, indeed, fabricate their own personal money instruments!

Was there ever a more versatile payments instrument than the cheque? Because you can write on them, a whole language of cheques has emerged, allowing for significant customization. By putting crossings on cheques, like this...

...the cheque writer is indicating that the only way to redeem it is by depositing it, not cashing it. This means that the final user of the cheque will be easy to trace, since they will be associated with a bank account. Affix the words non-negotiable within the cross on the front of the cheque and it loses its special status as currency. Should it be stolen and passed off to an innocent third-party, the victim can now directly pursue the third-party for restitution. To even further limit the power of subsequent users to use the cheque as money, the writer can indicate the account to which the cheque must be deposited.

This language of checks can be used not only by those that have originated the cheque, but also by those that receive it in payment. On the back of any check, any number of endorsements can be written, effectively allowing for the conversion of someone else's payment instructions into your own unique medium of exchange.    

In summary, while the popularity of the cheque has certainly been declining over the last few decade, it is still hanging in there—and that's because it seem to be providing some unique services that haven't yet been replicated by cheaper, digital alternatives. While those in the fintech space often smirk at cheques at as an outdated payments option inevitably doomed to extinction, they might be better served trying to replicate some of these features instead.