Consumer complaint received 2018-12-21
Company: CITIBANK, N.A.
State: CA
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Fraud or scam

Complaint:
I allege that an employee of Citibank, by the name of XXXX XXXX, aided and abetted an officer of the court ( personal representative ) by the name of XXXX XXXX XXXX, in committing fraud against the U.S. Treasury Department and in the theft of {$14000.00} in the fraudulent redemption of U.S. Savings Bonds ( herein referred to as Bonds ) that were registered to my parents XXXX XXXX and XXXX XXXX XXXX. They are both deceased. XXXX XXXX passed away in XX/XX/XXXX and XXXX XXXX XXXX passed away in XX/XX/XXXX. 

XXXX aided XXXX in depositing the money from the Bonds into her personal Citibank savings account. 

XXXX XXXX Citibank employee Work Address XXXX XXXX XXXX, XXXX, CA XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX and all aliases XXXX XXXX XXXX. 
XXXX, CA XXXX Phone : XXXX ************************************************** Citibank violated the following federal laws : 18 U.S. Code 1001 -  Statements or entries generally ( a ) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully ( 1 ) falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; ( 2 ) makes any materially false, fictitious, or fraudulent statement or representation ; or ( 3 )  makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry ; shall be fined under this title, imprisoned not more than 5 years or ...., If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

18 U.S. Code 1957 Engaging in monetary transactions in property derived from specified unlawful activity ( a ) Whoever, in any of the circumstances set forth in subsection ( d ), knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than {$10000.00} and is derived from specified unlawful activity, shall be punished as provided in subsection ( b ).

( b ) ( 1 ) Except as provided in paragraph ( 2 ), the punishment for an offense under this section is a fine under title 18, United States Code, or imprisonment for not more than ten years or both. If the offense involves a pre-retail medical product ( as defined in section 670 ) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the  punishment under this subsection is greater.

( 2 ) The court may impose an alternate fine to that imposable under paragraph ( 1 ) of not more than twice the amount of the criminally derived property involved in the transaction.

In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity. 
( d ) The circumstances referred to in subsection ( a ) are ( 1 ) that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States ; or ( 2 ) that the offense under this section takes place outside the United States and such special jurisdiction, but the defendant is a United States person ( as defined in section 3077 of this title, but excluding the class described in paragraph ( 2 ) ( D ) of such section ).

( e ) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United StatesPostal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General.

( f ) As used in this section ( 1 ) the term monetary transaction means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument ( as defined in section 1956 ( c ) ( 5 ) of this title ) by, through, or to a financial institution ( as defined in section 1956 of this title ), including any transaction that would be a financial transaction under section 1956 ( c ) ( 4 ) ( B ) of this title, but such term does not include any transaction necessary to preserve a persons right to representation as guaranteed by the sixth amendment to the Constitution ; ( 2 ) the term criminally derived property means any property constituting, or derived from, proceeds obtained from a criminal offense ; and ( 3 ) the terms specified unlawful activity and proceeds shall have the meaning given those terms in section 1956 of this title. 

18 U.S.C. 371 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure 371. Conspiracy to commit offense or to defraud United States If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. 
If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor. 

XXXX Citibank violated the following state law : CA Penal Code 31 All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, or persons who are mentally incapacitated, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed. 

Violation of federal law 18 U.S. Codes 1001 and 1957 are federal crimes and are to be reported to the FBI ( federal bureau of investigation ) as crimes against the state.

18 U.S. Code Title 18 Crimes and Criminal Procedure 2. Principals ( a ) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

( b ) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal. 

XXXX XXXX came into possession of 117 Bonds, ( that were registered to my parents ), after my father passed away. These Bonds were part of my fathers estate. XXXX concealed these Bonds from me and the probate court so that she could embezzle the money. I discovered that XXXX had redeemed the Bonds after speaking to the Treasury Department, who traced the Bonds using my fathers social security number. All the Bonds had serial numbers, making them easily traceable. 


XXXX, being unable to read or write English, went to Citibank with XXXX XXXX XXXX and spoke with XXXX on how to redeem the Bonds. I allege that XXXX told XXXX that she can file FS Form XXXX Disposition of Treasury Securities Belonging to a Decedents Estate Being Settled Without Administration to the United States ( Attachment 2 ). XXXX was aware that the Estate of XXXX XXXX XXXX was being administered by the probate court ( Attachment 1 ),  since she was appointed personal representative of the Estate by Judge XXXX on XX/XX/XXXX, thereby making her an officer of the court ( Attachment 4 ). XXXX was issued Letters of Administration on XXXX XXXX, XXXX. ( Attachment 5 ) by the court to be the personal representative. I allege that XXXX was aware of this fact. 

FS Form 5336 is to be used only if the Estate is not being administered by the probate court. The Estate is being administered by the court. The form gives multiple warnings not to use the form if the Estate is being  administered by the court. The form states explicitly the following warning : You should be aware that the making of any false, fictitious, or fraudulent claim or statement to the United States is a crime that is punishable by fine and/or imprisonment I allege that this warning was deliberately violated by XXXX, because he filled out the form ( Attachment 2 ) for XXXX on XXXX XXXX, XXXX to redeem the Bonds, knowing that the Estate was being administered by the probate court. XXXX also wrote the To Whom It May Concern statement ( Attachment 3 )  for XXXX. The handwriting on the statement and in FS Form 5336 on pages 1-5 matches XXXX handwriting, which is on page 5. 

The money was deposited in Citbank Savings account XXXX electronically by the Treasury Department in XXXX of XXXX. 

XXXX XXXX broke the following federal law.

18 U.S. Code 1001 - Statements or entries generally 18 U.S. Code 1957 Engaging in monetary transactions in property derived from specified unlawful activity 18 U.S.C. 371 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure 371. Conspiracy to commit offense or to defraud United States XXXX XXXX also broke the following California laws : CA Penal Code 487 Grand theft is theft committed in any of the following cases : ( a ) When the money, labor, or real or personal property taken is of a value exceeding XXXX XXXX XXXX dollars ( {$950.00} ), except as provided in subdivision ( b ). 

CA Penal Code 503 Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted.

CA Penal Code 504 Every officer of this state, or of any county, city, city and county, or other municipal corporation or subdivision thereof, and every deputy, clerk, or servant of that officer, and every officer, director, trustee, clerk, servant, or agent of any  association, society, or corporation ( public or private ), who fraudulently appropriates to any use or purpose not in the due and lawful execution of that persons trust, any property in his or her possession or under his or her control by virtue of that trust, or secretes it with a fraudulent intent to appropriate it to that use or purpose, is guilty of embezzlement. 

************************************************************** I have already filed a police report with the XXXX police department on this matter and I am in the process of submitting a criminal complaint with the FBI. I am also filing a complaint with the Federal Reserve and the Department of the Treasurys Office of the Comptroller of the Currency. 

The bank committed a crime in aiding XXXX in the fraud, the bank is completely liable.

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