Consumer complaint received 2019-01-24
Company: AMERICAN EXPRESS COMPANY
State: NY
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Closing your account
Sub-issue: Company closed your account

Complaint:
Please see the attachments at the end of this complaint the ignorance in the lack of education with these employees over the XXXX XXXX and outright ignorance is quite frankly. How they treat people over the phone As of today with no notice from XXXX XXXX XXXX. 
Here is what they did : Hi XXXX XXXX, During a recent review of your Account, we noticed activity that was in violation of the Bluebird Member Agreement, section : 22D Due to the violation your Account has been locked and your Account privileges have been suspended. 

If you have any questions, please call Account Protection Services at XXXX. 

Thanks, The Bluebird Team card Account ending in XXXX Hi XXXX XXXX, During our recent review of your American Express Bluebird Account, we identified Account activity that we believe violates the terms of the Bluebird Member Agreement. 

As a result of such activity, and pursuant to Section 22 ( d ) of the Bluebird Member Agreement, your Account and your Account privileges have been permanently suspended. 

Any remaining funds on your Account will be returned to you in a refund check mailed to the address currently on file for the Account. 

If you have any questions or would like to inquire further, you may write to us at the following address : XXXX XXXX XXXX XXXX. Box XXXX XXXX, GA XXXX Thanks, The XXXX Team Hi XXXX XXXX, Thank you for your recent inquiry regarding unauthorized transaction ( s ) on your Bluebird Account. 

We appreciate your patience while we complete the research needed to investigate your claim. We have enclosed the Declaration of Fraud form in order for you to provide us relevant details. Please complete it and upload the form through the following link within ten ( 10 ) business days from the date you contacted us over the phone regarding this claim. 

Declaration of Fraud Form Secure Document Upload : You can securely send your documents using your desktop or supported mobile device by : Clicking here Logging in with your account credentials and Uploading your documents If a response is not received or it is incomplete, we may be unable to verify your claim. 

As a reminder, it is required we receive your Declaration of Fraud within ten ( 10 ) business days from the date you contacted us over the phone regarding this claim. If we do not receive this document within this time, you may not be eligible for a provisional credit. 

We may take up to 45 days to complete our investigation. 

If you need additional options for submitting your documents or have any questions, please call Account Protection Services at XXXX. 

Thanks, The Bluebird Team Has decided to close the account with no proper notice no proof of claim and outright ignorance of this company that is handling issues of compromising of my own account over in the XXXX XXXX  There is no reason to shut the account down no phone calls no nothing they just shut the account down a new card was sent to me within the last month! 

My family I started to use the new card in the old one was stolen by unknow person It's quite frankly mind boggling the way this company operates how they can just shut your account down with no proper notice and they still have not settled the issues from several months ago with my card was hijacked and was stolen!!!! 

We have made over 13 phone calls over the last 6 months there is well over {$500.00} in fraudulent charges on account nobody is done a XXXX thing about it in fact there are so ignorant you fax them and all they do is shut down at your account and keep the money! 

Nothing they have no idea what you're doing refuse to do there homework and a company like this doing business I strongly recommend it be sanction and shut down immediately!!!!! 
you put funds in the account and they just lose it!!! 
The police said o well we can not do a XXXX  thing! 

XXXX XXXX XXXX and the Agent are Guilty of the following federal charges AND STATE : S 175.00 Definitions of terms. The following definitions are applicable to this article : 1. " Enterprise '' means any entity of one or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political or governmental activity. 
2. " Business record '' means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for evidencing or reflecting its condition or activity. 
3. " Written instrument '' means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person. 
S 175.05 Falsifying business records in the second degree. A person is guilty of falsifying business records in the second degree when, with intent to defraud, he : 1. Makes or causes a false entry in the business records of an enterprise ; or 2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise ; or 3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position ; or 4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise. Falsifying business records in the second degree is a class A misdemeanor. 
S 175.10 Falsifying business records in the first degree. A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof. Falsifying business records in the first degree is a class E felony. 
S 175.15 Falsifying business records ; defense. In any prosecution for falsifying business records, it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of his employer or of a superior officer or employee generally authorized to direct his activities. 
S 175.20 Tampering with public records in the second degree. A person is guilty of tampering with public records in the second degree when, knowing that he does not have the authority of anyone entitled to grant it, he knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in, or otherwise constituting a record of a public office or public servant. 
Tampering with public records in the second degree is a Class A misdemeanor.

S 175.25 Tampering with public records in the first degree. A person is guilty of tampering with public records in the first degree when, knowing that he does not have the authority of anyone entitled to grant it, and with intent to defraud, he knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in, or otherwise constituting a record of a public office or public servant. Tampering with public records in the first degree is a class D felony. 
S 175.30 Offering a false instrument for filing in the second degree. A person is guilty of offering a false instrument for filing in the second degree when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant. Offering a false instrument for filing in the second degree is a class A misdemeanor. 
S175.35 Offering a false instrument for filing in the first degree. A person is guilty of offering a false instrument for filing in the first degree when : 1. knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation ; or 2. ( a ) he or she commits the crime of offering a false instrument for filing in the second degree ; and ( b ) such instrument is a financing statement the contents of which are prescribed by section 9-502 of the uniform commercial code, the collateral asserted to be covered in such statement is the property of a person who is a state or local officer as defined by section two of the public officers law or who otherwise is a judge or justice of the unified court system, such financing statement does not relate to an actual transaction, and he or she filed such financing statement in retaliation for the performance of official duties by such person. Offering a false instrument for filing in the first degree is a class E felony.

FEDERAL BANKING CRIMES 18 USC 4 - Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

18 USC 225 - Continuing financial crimes enterprise ( a ) Whoever ( 1 ) organizes, manages, or supervises a continuing financial crimes enterprise ; and ( 2 ) receives {>= $1,000,000} or more in gross receipts from such enterprise during any 24-month period, shall be fined not more than {>= $1,000,000} if an individual, or {>= $1,000,000} if an organization, and imprisoned for a term of not less than 10 years and which may be life.

( b ) For purposes of subsection ( a ), the term continuing financial crimes enterprise means a series of violations under section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of this title, or section 1341 or 1343 affecting a financial institution, committed by at least 4 persons acting in concert.

18 USC 215 - Receipt of commissions or gifts for procuring loans ( a ) Whoever ( 1 ) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution ; or ( 2 ) as an officer, director, employee, agent, or attorney of a financial institution, corruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business or transaction of such institution ; shall be fined not more than {>= $1,000,000} or three times the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted, whichever is greater, or imprisoned not more than 30 years, or both, but if the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted does not exceed {$1000.00}, shall be fined under this title or imprisoned not more than one year, or both.

[ ( b ) Transferred ] ( c ) This section shall not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.

( d ) Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall make such guidelines available to the public.

18 USC 241 - Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same ; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured They shall be fined under this title or imprisoned not more than ten years, or both ; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

18 USC 656 - Theft, embezzlement, or misapplication by bank officer or employee Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 orsection 25 ( a ) [ 1 ] of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both ; but if the amount embezzled, abstracted, purloined or misapplied does not exceed {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both. 

As used in this section, the term national bank is synonymous with national banking association ; member bank means and includes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks ; insured bank includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation ; and the term branch or agency of a foreign bank means a branch or agency described in section 20 ( 9 ) of this title. For purposes of this section, the term depository institution holding company has the meaning given such term in section 3 of the Federal Deposit Insurance Act.

18 USC 657 - Lending, credit and insurance institutions Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency , Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank ( as defined in section 656 ), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, or any community development financial institution receiving financial assistance under the Riegle Community Development and Regulatory Improvement Act of XXXX, and whoever, being a receiver of any such institution, or agent or employee of the receiver, embezzles, abstracts, purloins or willfully misapplies any moneys, funds, credits, securities or other things of value belonging to such institution, or pledged or otherwise intrusted to its care, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both ; but if the amount or value embezzled, abstracted, purloined or misapplied does not exceed {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both. 

18 USC 1005 - Bank entries, reports and transactions Whoever, being an officer, director, agent or employee of any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 orsection 25 ( a ) [ 1 ] of the Federal Reserve Act, without authority from the directors of such bank, branch, agency, or organization or company, issues or puts in circulation any notes of such bank, branch, agency, or organization or company ; or Whoever, without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment or decree ; or Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Reserve System ; or Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives ( directly or indirectly ) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution Shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. 
As used in this section, the term national bank is synonymous with national banking association ; member bank means and includes any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks ; insured bank includes any state bank , banking association , trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation ; and the term branch or agency of a foreign bank means a branch or agency described in section 20 ( 9 ) of this title. For purposes of this section, the term depository institution holding company has the meaning given such term in section 3 ( w ) ( 1 ) of the Federal Deposit Insurance Act.

18 USC 1006 - Federal credit institution entries, reports and transactions Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency , Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank ( as defined in section 656 ), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, with intent to defraud any such institution or any other company, body politic or corporate, or any individual, or to deceive any officer, auditor, examiner or agent of any such institution or of department or agency of the United States, makes any false entry in any book, report or statement of or to any such institution, or without being duly authorized, draws any order or bill of exchange, makes any acceptance, or issues, puts forth or assigns any note, debenture, bond or other obligation, or draft, bill of exchange, mortgage, judgment, or decree, or, with intent to defraud the United States or any agency thereof, or any corporation, institution, or association referred to in this section, participates or shares in or receives directly or indirectly any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such corporation, institution, or association, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both.

18 USC 1007 - Federal Deposit Insurance Corporation transactions Whoever, for the purpose of influencing in any way the action of the Federal Deposit Insurance Corporation, knowingly makes or invites reliance on a false, forged, or counterfeit statement, document, or thing shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both.

18 USC 1014 - Loan and credit applications generally ; renewals and discounts ; crop insurance Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of the Federal Housing Administration, the Farm Credit Administration, Federal Crop Insurance Corporation or a company the Corporation reinsures, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any Farm Credit Bank, production credit association , agricultural credit association, bank for cooperatives, or any division, officer, or employee thereof, or of any regional agricultural credit corporation established pursuant to law, or a Federal land bank, a Federal land bank association, a Federal Reserve bank, a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 ), or the Small Business Administration in connection with any provision of that Act, a Federal credit union, an insured State-chartered credit union, any institution the accounts of which are insured by the Federal Deposit Insurance Corporation,, [ 1 ] any Federal home loan bank, the Federal Housing Finance Agency, the Federal Deposit Insurance Corporation, the Farm Credit System Insurance Corporation, or the National Credit Union Administration Board, a branch or agency of a foreign bank ( as such terms are defined in paragraphs ( 1 ) and ( 3 ) of section 1 ( b ) of the International Banking Act of XXXX XXXX, an organization operating under section 25 orsection 25 ( a ) [ 2 ] of the Federal Reserve Act, or a mortgage lending business, or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of XXXX, upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, loan, or insurance agreement or application for insurance or a guarantee, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. The term State-chartered credit union includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.

18 USC 1021 - Title records Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both.

18 USC 1032 - Concealment of assets from conservator, receiver, or liquidating agentWhoever ( 1 ) knowingly conceals or endeavors to conceal an asset or property from the Federal Deposit Insurance Corporation, acting as conservator or receiver or in the

Company response to consumer: Closed with explanation