Consumer complaint received 2018-03-09
Company: PROSPERITY BANCSHARES, INC.
State: TX
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
I've been dealing with a check fraud/false endorsement issue since XX/XX/XXXX. 

I've been receiving direct deposit from my employer since right around my original hire date, approximately XX/XX/XXXX. 
**Note : My Bank is XXXX. My enployers bank is Prosperity Bank. The alleged criminal in this case took the check in question and fraudulently deposited it at a XXXX XXXX XXXXXXXX. ** Due to a payroll error and missing tips from the preceding pay period, on XX/XX/XXXX, a paper check was cut and issued to me in the amount of {$390.00}. I used online deposit to take a photo of the check and deposit it into my XXXX bank account. 

After that, and unknowingly to me, someone stole that check from my possession and subsequently transferred possession of it to a third party, his name is XXXX XXXX ( as seen printed on the back of the original check image ) On XX/XX/XXXX, my account was debited {$390.00} because this individual, XXXX XXXX, had signed the paper check over to himself and brought it to XXXX XXXX XXXXXXXX for processing at an ATM. This is about the time that I became aware of the situation. I was informed by XXXX that the physical check holds a higher level superiority than a digital deposit image, therefore, the money was taken out of my account and paid to this individual, fraudulently. As soon as I became aware of this, I called my bank to find out what the protocol and proper steps were to proceed. They explained in detail what had happened. I then notified both my General Manager & Director of Operations. My director contacted Prosperity Bank and we've gone back and forth at great lengths with XXXX XXXX, VP of Prosperity to no avail. I immediately signed and had notarized an Affidavit of Forgery/False Endorsement, which I turned over to Prosperity Bank. ( Copies of all documents are available ) The affidavit is signed and notorized on XX/XX/XXXX. 

Since mid XX/XX/XXXX, I've been given a large run around from both banks and very little information. I had faith for quite some time that this serious issue of bank fraud would be taken seriously, especially since the culprit had the audacity, and lack of intelligence, to print his own name on the back of my check. However, the amount of time that has passed has shown me otherwise. After my patience ran out, I contacted the XXXX Police Department, Financial Crimes Division. On XX/XX/XXXX, I filed a police report ( Report # [ redacted ] ) and Detective [ redacted ], was assigned to my case. I've corresponded with her several times, once when she informed me that she had issued a subpoena for XXXX XXXX XXXX to turn over all records, evidence, and information pertaining to the case and a second time when she told me that XXXX XXXX XXXX had indicated their intent to comply and would submit all pertinently requested information, documents and surveillance footage by XX/XX/XXXX.  Another time we spoke she disclosed to me her initial findings after the subpoenaed information was turned over. If there is enough evidence, they will make an arrest and I will move forward to press charges against XXXX XXXX and anybody else that the investigation may implicate. 

In the beginning of this situation, Prosperity Bank informed my Director of Operations ( now deceased ) that when XXXX XXXX XXXXXXXX concluded it's investigation, they would pay restitution to Prosperity Bank and then I would be issued another check. 

Many months have passed, and at no time did Prosperity Bank indicate they had received the restitution payment from XXXX XXXX XXXXXXXX. Exacerbated, I took to XXXX to lambast the company. Within two days of my XXXX postings, a member from XXXX XXXX XXXXXXXX social media team reached out to me directly. After she consulted with her legal department, it was positively shown to me that XXXX XXXX XXXXXXXX paid full restitution on XX/XX/XXXX and the funds cleared Prosperity Bank XX/XX/XXXX. It was not until XX/XX/XXXX that I was issued repayment of the funds. 

Prosperity Bank had no authorization to borrow, retain, utilize, loan, or any other form of consumption of my funds. Furthermore, during the period in between when they received the restitution payment and when I received payment from my employer, they never once indicated to any person or persons involved with this investigation and dispute that said monies had been returned and received. In fact, they continued to point the finger at XXXX XXXX XXXXXXXX. ( Check images available of restitution payment, including date of payment ) For Prosperity Banks egregious actions and for the gross negligence and intentional malicious behavior that Prosperity Bank participated in, I am seeking punitive and compensatory damages. 

Please contact me for any pertinent and additional information as necessary. 
Should you wish to speak directly with Detective [ redacted ], she can be reached at [ redacted ].

Thank you in advance for your time in this matter.

Sincerely, Victim [ redacted ]

Company response to consumer: Closed with explanation