Consumer complaint received 2018-08-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Cashing a check

Complaint:
I strongly feel that I am a victim of check fraud. Bank of America assumes that I was involved with the check fraud and has charged me with the stolen funds ; they applied the stolen {$2000.00} to my checking account making my balance negative {$2000.00}. I feel Bank of America is responsible for these stolen funds, they approved and cleared the check, only to find out almost 30 days later, they cleared the funds from the account from which the checks were drawn from. A woman ( XXXX XXXX ) who myself and my family came to know for the past 6 months, asked me to cash her payroll checks on 3 different occasions. Ms. XXXX did become close to our family. We felt sorry for her. She told us things that have happened to her to include her currently living situation and struggles. She approached me and asked me to help her cash her paycheck on XX/XX/XXXX. I was aware that her driver license was expired. She told me that she got pulled over by a XXXX police officer and got a ticket for driving with a suspended license. She said that she could not cash her checks so her employer made her check out to " cash '' or " blank '' in the pay to order of. I believed her. I deposited the checks and gave her a portion of the check and proceeded to give her the rest once each check cleared. The checks are from another Bank of America customer ( XXXX XXXX XXXX Bank of America checking account # XXXX ), so it takes 1 business day for the funds to clear and about 2 business days if the deposit was made on a weekend. After the 1st check cleared all the way, I felt comfortable and agreed to cash the next two checks. The checks were made payable to me and I deposited them to the Bank of America ATM located at XXXX XXXX XXXX. XXXX, CA. I bank at this location. 
Check No. Name/Business Stamped on Check Bank of America Account # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX After some strange incidents, myself and my family started to tell her not to come around. I warned her about the check activity, as someone advised me, while the checks did clear, IF they are stolen or fraudulent, the person ( s ) or  business from where they were taken, will eventually reconcile their books and at that point, the bank will be involved. In addition, after calculating the check amounts, she would be making a lot more per hour or annually than me in a short period of time, approximately 11-12 days from the 1st check ; at this pay interval/frequency, she would be making approximately {$180.00} per hour as a caregiver. 

I called Bank of America sometime during the week of XX/XX/XXXX to report suspected check activity. I was notified that I would responsible for the amounts of the checks, as I did cash them. They ignore the fact that this situation could very well be fraud. They said, regardless of the supposed crime, I would be solely responsible and will have to pay for it myself. 

As of this morning, Monday XX/XX/XXXX, my checking account was charged for the amount of {$2000.00} which made my balance negative. I immediately called the bank and the investigations unit advised me they are also investigating this matter ( reference # XXXX ). At this point, they asked me if I had any information about the individual that I helped. I gave them the same information I provided in this email to the XXXX Police department. I have also contacted the XXXX Police Department. Officer XXXX XXXX has taken my information and report. I did not commit a crime nor did deliberately try to fraudulently access and take funds that do not belong to me. I feel Bank of American should not charge me for their weak internal controls. They made the funds 100 % available after just 1 business day. This is not my fault and I had no way to check to see if Ms. XXXX check were stolen. This is the responsibility of the bank. 

Ms. XXXX apparently has a few aliases to include the last name XXXX ; her Date of Birth is XX/XX/XXXX ; of XXXX decent ; address is XXXX XXXX XXXX, XXXX, CA XXXX & car license plate # is XXXX ( light champagne colored small 4dr sedan ).

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation