Q: Can a business retain any portion of stolen money, innocently received?
A NY retailer received $20K in credit card payments, and as a direct result, spent $10K in shipping. Only after, it was discovered the $20K was fraudulent. She is ready+willing to return the $20K. But this leaves her with a loss of $10K. Can she compel the bank or payment processor to make her whole?
A: No. You owe the money back. There are criminal issues here too. Make a payment plan.
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A: If the retailer didn't have any reason to believe the charges were fraudulent and sent the shipments out in good faith then it is possible to settle with the bank / payment processor for the $10K incurred in good faith. As the other attorney pointed out there are criminal law issues present in this matter. It is recommended to hire an attorney to work out a settlement and protect the business and it's associates from criminal prosecution.
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