Consumer complaint received 2023-06-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
On XX/XX/XXXX I mailed 2 quarterly tax payments. One to the Department of the Treasury of the United States and one to the Illinois Department of Revenue. At some point the checks were intercepted and subsequently altered and cashed to another entity/individual on XX/XX/XXXX. I was only aware that the checks were cashed and not that they were fraudulently altered and cashed. I was made aware of the fraud in XX/XX/XXXX at tax filing when my accountant informed me the payments weren't received. I immediately filed a claim with XXXX  where the checks were from. Through a series of missteps on XXXX claim filing it took almost two months to correctly file the claim with Bank of America who cashed the checks. I have had multiple conversations with both banks who refer me to one another. I was informed today of the intent to deny the claim by BofA due to time limitations.I can find no information on any limitations of claims. In fact the claim was filed immediately when the fraud was discovered. They are using an arbitrary 30 day XXXX however the check wasn't even cashed within 30 days of it being written. XXXX does not provide images of the check on its website unless it is requested only that the transaction was completed. Neither institution is able to give me any information on where the checks were cashed or who cashed them citing privacy issues of the alleged criminal. In fact BofA has been reluctant to talk to me as i don't have an account with them. XXXX initially filed the claim incorrectly and gave me false information as to which banking institution cashed the checks. They claimed initially one check was cashed at XXXX XXXX however now say that they were both claimed at Bof A. A claim was filed with the Postal Inspector however no correspondence has been received. I do not have any banking relationship with BofA yet they are claiming i am subject to their rules. Additionally, they have refused to allow me to press any charges for the crime and have indicated they will not likely do so. I can not press charges on my own as I have no identifying information. They repeatedly have said they are not even sure they can trace the accounts even though they cashed the checks. They cant seem to find where the money went. Even if they do, they refuse to tell me citing privacy issues. There should be no expectation of privacy in a criminal act. I am not allowed to know who cashed my check according to them. XXXX has repeatedly said they are at the mercy of BofA and BofA is citing time limitations for which they have provided no indication that the limitations apply to these circumstance. I have incurred additional fees and penalties from the IRS and Illinois Dept of revenue for late payments. Total loss for the two checks was {$9700.00}. I filed with the FTC and a Bank of America employee called and referred me back to XXXX. I would appreciate assistance in recovering my lost funds and pursuing a criminal investigation. It seems in this instance the alleged perpetrator has more rights than I do. Additionally i was informed by a branch manager at BofA that they do not have time limitations on check fraud claims if filed promptly when the fraud was discovered. Now representatives are changing the story. Please advise.

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