Consumer complaint received 2018-09-18
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: RI
Product: Checking or savings account
Sub-product: Savings account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
Tuesday, XX/XX/XXXX Dear Consumer Finance Protection Bureau Compliant : On XX/XX/XXXX {$26000.00} was stolen from my account at USAA Federal Savings Bank Acct # XXXX. I noticed the missing funds and unauthorized transfer to an outside and unknown bank account on XX/XX/XXXX and reported to USAA ( Bank ). The Bank has taken no action to resolve the issue. At present the Bank will not respond or communicate with me to discuss a resolution or report the theft to the appropriate law enforcement authorities. 

Please note, that I originally filed the complaint with FDIC but was direct to CFPB as XXXX was under its direct supervision. 

I am seeking : 1. USAA comply with Regulation E- in accordance with Error Reporting Procedures directed in 12 C.F.R 1005.11 as it their responsibility. 
2. Report the crime to the appropriate federal law enforcement authority having jurisdiction. 
3. Provide me with the current status of the investigation and opportunity to present documentation and evidence. 
4. Reinstate my stolen funds. 

Below are basic details for your review and action : 1. I notified the bank of the theft, USAA Savings Bank, on XX/XX/XXXX when I noticed irregularities with my banking accounts. The bank acknowledged the incident and notified me that they would conduct an investigation and report back to me in two business days. 
2. On XX/XX/XXXX {$25000.00} was transferred from my USAA savings account XXXX to an unknown third party account which I am not affiliated with, nor did I authorized. Upon further review the bank determined that my ex-spouse, XXXX XXXX, owns this account. 
3. On XX/XX/XXXX {$1000.00} was transferred from my USAA savings account XXXX to an unknown third party account which I am not affiliated with, nor did I authorize this transaction. The bank is currently researching the account owner at this time. 
4. On XX/XX/XXXX the court ordered martial settlement agreement ( MSA ), which specifically ordered the separation of all bank and insurance accounts was executed. The MSA was sent via certified mail to USAA and was received on XX/XX/XXXX. I have consulted council, XXXX XXXX, XXXX XXXX XXXX, to review terms of settlement. She has directed me to engage law enforcement, as this incident is not civil in nature and outside the scope of to the settlement agreement. 
5. Shortly thereafter the execution of the MSA, as per the court order, USAA via telephone was notified of the divorce and directed to separate all accounts including financial and insurance was separated. Both my ex-spouse and myself worked with the USAA Divorce Specialist to  separate all accounts, as is there policy. 
6. I opened this savings account in XXXX under my USAA portfolio of financial services with myself at the primary account holder, and my ex-wife XXXX XXXX as the beneficiary. 
7. At no time did I grant my ex-wife access or authority to any of my USAA accounts on or after the XX/XX/XXXX court order and subsequent separation of accounts by USAA. Nor did I provide her with consent. 
8. This savings account had very few transactions and was exclusively limited to transfer of funds between my checking account, which my payroll check is deposited, and the saving account only. Prior to the theft on XX/XX/XXXX my ex-spouse had no interaction with the savings account and had not performed any transactions, including making deposits or withdrawal, or to my knowledge coordinate access to unauthorized third party bank accounts. All funds deposited into the account we provide solely by myself. 
9. On XX/XX/XXXX I contacted the Rhode Island State Police to report the crime and unauthorized transaction of the stolen funds. Upon review of the evidence and conducting an investigation they informed me that the unauthorized transfer of funds was felony wire fraud. I further engaged the Rhode Island Attorney Generals office, which verified the results of the investigation and direct me to consult with the Bank to begin the fraud reporting process with FDIC or agency having jurisdiction as this crime falls under federal banking laws and is outside of their jurisdiction. I notified the Bank of this information and findings but did not receive any response. 

I appreciate any assistance you could lend to resolve this issue with the Bank. I will attach the supporting documents as referenced in this letter. 
Sincerely, XXXX XXXX Attachments : 1. USAA Transaction receipts 2.  USAA Account detail ( Account holder ) 3. Marital Settlement Agreement, XX/XX/XXXX 4. Communication record with USAA XX/XX/XXXX to XX/XX/XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation