Consumer complaint received 2018-04-10
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Fraud or scam

Complaint:
My family was the victim of wired fraud by a spoofed email. We are in escrow for the purchase of a home. We received an email from what we thought were our agent and escrow officer ( XXXX and XXXX ). Their real addresses are XXXX ( XXXX XXXX our agent ) and XXXX ( XXXX XXXX the escrow officer ). 
///Email from fake XXXX/// From : XXXX XXXX XXXX Subject : XXXX XXXX XXXX, XXXX XXXX, CA XXXX Date : XX/XX/XXXX at XXXX XXXX To : XXXX Cc : XXXX, XXXX Hello XXXX XXXX XXXX and XXXX XXXX XXXX , As we approaching closing , we would be needing the down payment of the purchase price to be made available to our escrow account hopefully today or latest tomorrow morning to avoid lateness of closing funds. 
Kindly let me know if you can achieve this today so i can forward you our wiring instructions. 
If you have any questions, please do not hesitate to send me an email or call. 
Thanks XXXX XXXX Assistant to XXXX XXXX XXXX XXXX Escrow Officer LAWYERS TITLE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Phone : ( XXXX ) XXXX Fax ( XXXX ) XXXX ///Follow up from fake XXXX/// From : XXXX XXXX   XXXX Subject : Fwd : XXXX XXXX XXXX, XXXX XXXX, CA XXXX Date : XX/XX/XXXX at XXXX XXXX To : XXXX Cc : XXXX Please see below from XXXX, They are requesting for the cash balance of the purchase price which amount to {$160000.00}. Kindly let me know if this can be possible today, I am in a workshop most of today and can not answer phone calls but i do have access to my email. Please drop me an email to let me know what you wish to do or contact XXXX from the Title Company. 
Phone : ( XXXX ) XXXX Thanks XXXX XXXX XXXX Realtor XXXX XXXX XXXX Forwarded message From : XXXX XXXX <XXXX> Date : Tue, XX/XX/XXXX Subject : XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX To : XXXX Cc : XXXX, XXXX Hello XXXX XXXX XXXX and XXXX XXXX XXXX , As we approaching closing, we would be needing the down payment of the purchase price to be made available to our escrow account hopefully today or latest tomorrow morning to avoid lateness of closing funds. 
Kindly let me know if you can achieve this today so i can forward you our wiring instructions. 
If you have any questions, please do not hesitate to send me an email or call. 
Thanks XXXX XXXX ///Wiring instructions in followup email from fake XXXX/// From : XXXX XXXX XXXX Subject : XXXX XXXX XXXX, XXXX XXXX, CA XXXX Date : XX/XX/XXXX at XXXX XXXX To : XXXX Cc : XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX , Attached is our wiring instructions. 
Kindly let me know as soon as wire is sent. 
If you have any questions, please do not hesitate to send me an email or call. 
Thanks XXXX XXXX Assistant to XXXX XXXX XXXX XXXX Escrow Officer LAWYERS TITLE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Phone : ( XXXX ) XXXX Fax ( XXXX ) XXXX Wiring Instructions Name of Bank : XXXX XXXX. 
Bank Address : XXXX XXXX XXXX XXXX, XXXX XXXX, CA XXXX Routing # : XXXX Account # : XXXX Beneficiary : XXXX XXXX XXXX XXXX. 
Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Reference : XXXX XXXX XXXX AND XXXX XXXX XXXX Phone : ( XXXX ) XXXX ALL FUNDS MUST BE WIRED TO THE ABOVE ACCOUNT. 

XXXX XXXX the manager at Bank of America XXXX XXXX was negligent in his handling of the wire. He realized there was no escrow number on our instructions, but told us we could go ahead anyway. In addition the instructions showed a local bank address but the address corresponding to the routing number was in Georgia. He also pointed this out to us but said it was fined because this was the information that came up automatically with the routing number. In addition when we arrived to cancel the wire he relegated us to a younger assistant rather than personally handling our case, despite the fact that he was the one that initiated it. The younger assistant filed a report with the fraud department, and the put in a request to XXXX to return the money. 

We have reported this to the FBI ( IC3.gov ), but they are not communcating with us. I have tried reporting it to the local police, but they won't file a report because they think the FBI is handling this and I can't get ahold of the XXXX County Division for economic crimes. The banks are being very unhelpful, in particular XXXX has denied receiving any communication from BoA. BofA is trying to deny us a " hold harmless '' request. Both banks are trying to limit their liability.

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 monetary relief