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I blame the parent, parent blames the bank
Posted: Sun Oct 23, 2011 9:07 pm
by Gob
A MOTU in the making?
A WOMAN is suing Australia's big four banks for their alleged role in a $200,000 money laundering scam masterminded by her teenage son.
The woman, from the NSW south coast, has launched an action in the Supreme Court seeking damages and wants an apology from the Commonwealth Bank, ANZ, Westpac and NAB for ''unconscionable conduct'' after they allegedly handed her son dozens of bank accounts and debit cards ''without reasonable scrutiny''.
In 2007, the then 14-year-old was selling fictitious products on eBay and, at one stage, earning more than $6000 a day.
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He began living the life of a celebrity, booking penthouses overlooking Sydney Harbour that cost $4300 a night and hiring limousines to take him to the beach.
When his mother stumbled on the scam, she says she repeatedly warned the banks he was a minor sourcing funds illegally. It is alleged they ignored her or refused to discuss the matter for privacy reasons.
''He was an intelligent boy who worked out how to cheat the system and play it for all it was worth,'' said the mother who, along with her son, cannot be named for legal reasons.
''As his parent and legal guardian, I begged the banks to stop giving him accounts and debit cards but each time I got nowhere because of the Privacy Act.''
She said her suspicions were aroused four years ago when her son began spending lavishly. ''I found a log book listing thousands of dollars worth of transactions with eBay customers, all of whom had deposited money into his bank accounts for non-existent laptops, mobile phones and watches,'' she said.
The boy, now 19, had opened the bank accounts with ease once he had secured his first with the Commonwealth Bank by deception. ''He strolled into a branch one day and, armed with a birth certificate and a friend over the age of 18 who claimed to be his guardian, they gave him an account,'' his mother said. ''Once he secured that, he was able to accumulate cheque and Visa debit accounts with many other financial institutions including Westpac, the Bank of Queensland, ANZ, Credit Union Australia and the Hume Building Society.''
Police eventually swooped on the boy in school after many of the frauds were linked to an IP address attached to a classroom computer.
By then, however, the teenager had devised another bank-related scam. His mother said: ''He began placing small amounts of cash on his many debit cards, followed by instant large withdrawals. The flaw in the system is that you can go $1500 overdrawn before they shut down the account. He didn't care. The moment one got closed, it was his cue to open another. It became an addiction.''
In the meantime, the boy lived a playboy lifestyle with shopping sprees in which he would buy Versace and Prada clothes and Louis Vuitton luggage. He flew groups of friends interstate for weekend-long parties in rented luxury apartments and lavished teenage female friends with pampering sessions.
''There I was, a single mum of two, desperately struggling to put food on the table. He, meanwhile, would stroll in after feasting at the latest fancy restaurant of his choice and chuck me leftovers in a plastic tub.''
In her endeavour to seek help for her son and halt his bank card addiction, the mother said she contacted teachers, principals, counsellors, doctors, travel centres, limousine companies, motels, hotels, the Australian Securities and Investments Commission, the banking ombudsman and MPs. ''But each time, I was told the only people who could end this madness were the banks. To this day, they refuse to acknowledge it was their accounts being used to launder money, and their overdrafts to commit more crime.''
In the past four years, she has reluctantly handed her son to the police 15 times, leading to many spells in juvenile detention centres.
Read more:
http://www.smh.com.au/technology/techno ... z1bdoyJvps
Re: I blame the parent, parent blames the bank
Posted: Sun Oct 23, 2011 9:24 pm
by dales
I believe this lad has a bright future on Wall St.

Re: I blame the parent, parent blames the bank
Posted: Sun Oct 23, 2011 9:31 pm
by Crackpot
SHe may have a case. I have a hard time blaming her as she did seem to try her damnedest to warn and prod the banks into action. Especially if they are holding her in any way liable (as he is/was a minor) for her sons misconduct.
Re: I blame the parent, parent blames the bank
Posted: Sun Oct 23, 2011 9:54 pm
by The Hen
Wow.
If what she says is true, I think she has a strong case.
I hope she is awarded more.
Re: I blame the parent, parent blames the bank
Posted: Sun Oct 23, 2011 10:37 pm
by Sean
In her endeavour to seek help for her son and halt his bank card addiction, the mother said she contacted teachers, principals, counsellors, doctors, travel centres, limousine companies, motels, hotels, the Australian Securities and Investments Commission, the banking ombudsman and MPs.
Don't worry, no crime here... it'a another sad case of bank card addiction. 
Re: I blame the parent, parent blames the bank
Posted: Sun Oct 23, 2011 11:40 pm
by The Hen
'Propensity to fraud' would be closer to the truth.
Now that I think further upon it, she must have known about what was happening some time before she reported it, so ... no more sympathies from me.

Re: I blame the parent, parent blames the bank
Posted: Mon Oct 24, 2011 12:00 am
by Gob
Probably enjoying the presents too much to complain.

Re: I blame the parent, parent blames the bank
Posted: Mon Oct 24, 2011 12:46 am
by BoSoxGal
What a lovely little sociopath she's raised! I wonder how it is he has no sense of right and wrong? Must be the banks' fault.

Re: I blame the parent, parent blames the bank
Posted: Mon Oct 24, 2011 5:32 pm
by Sue U
In her endeavour to seek help for her son and halt his bank card addiction, the mother said she contacted teachers, principals, counsellors, doctors, travel centres, limousine companies, motels, hotels, the Australian Securities and Investments Commission, the banking ombudsman and MPs. ''But each time, I was told the only people who could end this madness were the banks. To this day, they refuse to acknowledge it was their accounts being used to launder money, and their overdrafts to commit more crime.''
In the past four years, she has reluctantly handed her son to the police 15 times, leading to many spells in juvenile detention centres.
''He spent his 18th and 19th birthdays in adult prison due to parole breaches. He was assaulted so badly during one of those spells, I thought he would die in there.''
Underneath the exterior, her son was an ''insecure boy out to impress'', she said.
''Once he'd become 'Mr Popular', his biggest fear was that everyone would desert him if the cash dried up. Today of course most of those so-called friends have disappeared because they were hangers-on. It's destroyed him.''
Unless she finds a lawyer to take on the case pro bono, she will be forced to represent herself when the case returns to court next month.
She has found an ally, though, in NSW Police Senior Constable Dave Henderson who, in 2008, charged her son with almost 20 separate incidents of fraud. In a letter to the Commonwealth Bank in February 2009, Senior Constable Henderson said the boy's mother had ''done all she can to stop him reoffending'', adding he was ''an extreme risk of reoffending with more fraud matters''.
What would you have her do? It sounds like she's at her wits' end. Her son clearly has a problem and the banks apparently have been only too happy to indulge him.
Re: I blame the parent, parent blames the bank
Posted: Mon Oct 24, 2011 6:26 pm
by BoSoxGal
Those are her claims, in her lawsuit seeking recompensation from the victims for her son's criminal acts.
Color me jaded, but I'd reserve sympathy for her until I'd seen actual proof of the great lengths she went to in intervening on his behalf when he was still a minor.
How, for instance, did he even get started doing all this stuff online without her knowledge/consent? She 'stumbled on the scam', 'her suspicions were aroused . . . when her son began spending lavishly', (no shit?!?!?) 'she has reluctantly handed her son to the police 15 times'.
I know, there's a litany of excuses for how parents can't control their kids getting on the internet - or into drugs, or pregnant, or perpetrating violent crimes and thefts, etc.
Again, color me jaded - but after my time in youth court, I've heard every reason in the book for why parents of delinquents can't parent their delinquent children. My suspicion is that most of them just can't be bothered.
And for the record, I felt that way when I had juvenile clients as a public defender, too.
The majority of the crimes the kids were committing would have been avoided through active, vigilant parenting. Only a few times was it obvious the parents were doing their very best and the kid was just a sociopath. If that's the case here, then at best the woman should seek to be absolved from any liability for his restitution owed - but seeking recompensation from the victims just seems over the top to me.
Like I said, color me jaded.
Re: I blame the parent, parent blames the bank
Posted: Mon Oct 24, 2011 6:32 pm
by Lord Jim
Re: I blame the parent, parent blames the bank
Posted: Mon Oct 24, 2011 7:01 pm
by Sue U
'she has reluctantly handed her son to the police 15 times'.
BSG: If this started when he was 14 or 15 and he's now 19 or 20, she was turning him over to police on average of 3 times a year. (And I don't know any mom who turns her kids in to the cops "joyously.")
bsg wrote:Color me jaded, but I'd reserve sympathy for her until I'd seen actual proof of the great lengths she went to in intervening on his behalf when he was still a minor.
Senior Constable Henderson -- who handled the case -- seems to think so. What kind of proof would be enough for you?
bsg wrote:but seeking recompensation from the victims just seems over the top to me.
She has apparently filed the action
pro se. This is only a newspaper account, so you can't really trust its accuracy, but there doesn't seem to be much of a basis for a lawsuit on her behalf -- which is probably why no attorney is willing to touch it. As for seeking compensation "from the victims," at what point do the banks stop being victims and start becoming enablers?
Re: I blame the parent, parent blames the bank
Posted: Mon Oct 24, 2011 7:16 pm
by Lord Jim
One thing I find interesting about this is the eBay angle....
Why did eBay allow this to go on so long? and if the money was being transferred from eBay to PayPal, (which is the normal payment procedure) why didn't PayPal shut him down?
I've done some business on eBay, and I use PayPal all the time...
They're pretty hard assed when it comes to complaints; I have a couple of friends who have had both their eBay and PayPal accounts frozen for completely bogus and unwarranted complaints....
The folks who were buying non existent laptops, etc. from this guy had legitimate complaints....
Why didn't they shut this clown down after the first couple of scams?
Re: I blame the parent, parent blames the bank
Posted: Mon Oct 24, 2011 7:35 pm
by BoSoxGal
It sounds to me like her beef is with the youth authorities in NSW. Why wasn't the kid committed to a locked youth facility if he wouldn't stop re-offending?
If someone was able to steal identities and exploit them due to the banks' not adhering to the Privacy Act, they'd be liable for that. Instead, they comply with the law and thus they're liable for someone else's criminal acts?
I can't believe there wasn't a legal means by which she could have addressed this issue - instead of calling the banks and writing letters, requesting that the crown's attorney issue investigative subpoenas to gather evidence of the boy's accounts.
Again, I'd be blaming the youth court system, not the victims. And yes, it leaves a bad taste in my mouth to be defending banks, but it leaves a worse taste in my mouth blaming a victim.
It's like saying the banks wore their skirts too short, so they deserved to get raped.
Re: I blame the parent, parent blames the bank
Posted: Mon Oct 24, 2011 7:47 pm
by Sue U
bigskygal wrote:It's like saying the banks wore their skirts too short, so they deserved to get raped.
More like saying, "My son is committing fraud and stealing from you and this is how he's doing it, so please stop opening more accounts for him, you're being cheated and he's getting into terrible trouble."
Re: I blame the parent, parent blames the bank
Posted: Tue Oct 25, 2011 1:55 am
by Sean
In the past four years, she has reluctantly handed her son to the police 15 times, leading to many spells in juvenile detention centres.
You know, I'm going to hazard a guess that on none of those occasions did she mention the fraud and theft. The police are usually pretty good at putting a stop to that kind of thing. She probably shopped him for petty things hoping it would scare him straight.
Re: I blame the parent, parent blames the bank
Posted: Tue Oct 25, 2011 6:42 am
by Scooter
The article says he was charged with 20 counts of fraud on a single occasion. He just switched to a different scam.
Re: I blame the parent, parent blames the bank
Posted: Fri Oct 28, 2011 8:50 am
by The Hen
When a 14-year-old boy takes the banks for a $200,000 ride, what do they have to say? Nothing
Major banks are refusing to say how they can stop minors from applying for debit cards after the revelation that a 14-year-old boy had obtained cards to run a $200,000 money laundering scam.
The Commonwealth Bank and Westpac refused to comment on their security policy, but NAB and ANZ spokesmen both said their policies were conservative and appropriate.
Neither would elaborate how exactly their policies stopped anyone under the age of 18 from applying for a debit card without a guardian.
When he was 14, the boy, who cannot be named for legal reasons, opened bank accounts with the Commonwealth Bank, ANZ, Westpac and NAB.
In 2007, he made more than $6000 a day on eBay - selling products that did not exist.
After that, he realised that he could overdraw bank accounts by $1500 each if they had a small amount of money in them.
His mother lodged a claim in the Supreme Court for damages, after she repeatedly warned the banks about what her son was doing and they did not act.
She says the banks had made no attempt to recover the money her son took.
Following a Sun-Herald story on the weekend, barrister Charles Sweeney, QC, contacted the woman and said he would represent her.
An experienced banking, consumer and competition law barrister, Mr Sweeney represented victims of the collapse of stockbroking firm Opes Prime.
"It is a relief," the woman said. "I am the underdog here, but I'm not Erin Brockovich and if I continued to represent myself I can see I would have hit a few stumbles along the way."
A search through online application forms for the four major banks shows that NAB, ANZ and Westpac stipulate
that customers have to be 18 to apply for a Visa or Mastercard debit card.
The Commonwealth Bank states anyone over 16 can apply for a debit Mastercard.
But the boy's mother said these protections were not sufficient.
"You can just tick a box and say you are over 18," she said.
"I'm his legal guardian and he should not have had those cards at all. I told the banks and they should have closed the accounts down. There is just not enough scrutiny.
"When I talked to him about it, he told me to mind my own business; he said the banks were on his side."
At the height of his scamming, the boy went on shopping sprees at Versace, Prada and Louis Vuitton and rented luxury apartments.
She said that, when the banks did not listen to her, she approached the police.
The boy has been in and out of juvenile and adult detention centres for the charge of obtaining money by deception.
The boy is now 19 and has just left Silverwater Correctional Facility.
When she takes the banks to court, the woman is seeking damages for loss of income and disruption to her life.
"I've had to move, I've had bricks thrown through my windows. People wonder what kind of a mother would put her kid in jail, but I had no choice."
"He's done it pretty hard, and we missed out on having a normal life."
The woman insists she is not making excuses for her son, and she is not money hungry.
"There just needs to be more scrutiny and banks have to take responsibility."
After her matter is heard in the Supreme Court, the woman hopes she will be able to rebuild the trust of her son.
"He blames me for being the dobber ... I said to him this week that in this time, and with all we've been through, he's never once said sorry.
"Maybe, one day he will."
Re: I blame the parent, parent blames the bank
Posted: Fri Oct 28, 2011 6:29 pm
by BoSoxGal
She said that, when the banks did not listen to her, she approached the police.
Ahh, interesting approach to resolving crime - require the victim to put a stop to it before reporting it to police.
After her matter is heard in the Supreme Court, the woman hopes she will be able to rebuild the trust of her son.
That's the problem right there. She's more worried about keeping her son's love for her than she is about shaping his character. SHE has no trust to rebuild; SHE should be expecting HIM to spend the next chapter of his life rebuilding her trust in him!!
This bullshit pansy-ass 'I want my kids to like/love me' parenting is seriously messed up, and FAR too prevalent. These parents are letting their children down, BIGTIME. They are neglectful.
Re: I blame the parent, parent blames the bank
Posted: Fri Oct 28, 2011 6:55 pm
by Crackpot
to Paraphrase Reiley Freeman "If you don't want to be pissed on step out of the way"