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I'm not positive but the check cashing business would probably be held liable.  A friend of mine had a similar experience - not exactly but the same principle.  Her debit card info was stolen when the system of a large chain store was hacked.  The hackers made false cards and IDs to go with the stolen debit and credit card numbers.  Someone hundreds of miles away went in to a Walmart and bought enough merchandise with my friend's debit card that their checking account was emptied out.  They reported it, it was investigated, and WALMART was found to be liable because they had accepted the falsified cards and ID and didn't properly verify.  In about two weeks the money was back in their account, repaid by Walmart!