Consumer complaint received 2023-03-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
My name is XXXX XXXX. I live in XXXX, Texas, and I am a XXXX XXXX XXXX female senior citizen who, under duress, was forced to withdraw large amounts of cash from my checking account with Bank of America ( BOA ) in certain patterns and with abnormal frequencies that should have alerted BOA personnel that I was under duress and/or the victim of elder financial exploitation when making the withdrawals. For example, on XX/XX/XXXX, I was forced to go to 4 different BOA branches, each in close proximity to one another, to withdraw {$10000.00} per visit -- one visit was for a withdrawal of {$14000.00} but that was an anomaly that is detailed below. In each case, I cashed a check made payable to myself containing the same one-word memo note of " Remodel. '' Not once did a bank employee ( teller or branch manager ) ask me about the frequency or pattern of withdrawals that took place that same day ; not once did a bank employee ask me if I was under duress or ask to confirm any of my personal information or bank information as security to ensure that I was not being robbed ; not once did a bank employee ask me about my " remodel '' or any details related thereto. There were clear indicators of elder financial exploitation -- transaction patterns, behavioral changes, etc. that Bank of America failed to detect because its employees failed to follow basic and required training and protocols to defend and respond to an obvious scenario of elder financial exploitation. BOA also failed to follow its internal protocols and procedures to ensure that I was not able to deplete my checking account by levels that are against bank protocols and procedures. 

In furtherance of the above, the below provides greater detail : On XX/XX/XXXX, a person named XXXX contacted me explaining she was with Bank of America 's fraud department and said that at XXXX XXXX a charge had been placed on my account totaling {$30000.00} and said that the bank had record that I had approved the charge. She verified the charge to me using my phone number, social security number, and bank account number. I told her this was a fraudulent charge, and she responded that I have been a victim of identity theft. She then gave me a case number ( # XXXX ) and said that my case number and identification were being sent to the FBI. She told me the {$30000.00} charge can not be cancelled because it is pending, but that I should go to my local bank and withdraw that amount to save the funds from being withdrawn and then deposit those funds into an encrypted account so that they could not be stolen. I was told I could not transfer funds online, but had to withdraw the cash to protect my funds. I followed XXXX 's instructions and on XX/XX/XXXX at approximately XXXX XXXX went to the BOA branch in XXXX XXXX Texas located on XXXX XXXX XXXX and XXXX XXXX ( which is not the closest branch to me, but it was the only branch open on that Saturday at that time ) to withdraw the funds in order to protect my money. I waited in line for about 20 minutes before finally speaking with a teller, and I then told the teller that I wanted to cash a check for {$30000.00}, but the teller told me that I could not cash a check or withdraw that amount of cash at one visit ( the bank has a withdrawal limit and had to " call ahead '' to withdraw more than {$10000.00} ). So, I cashed Check Number XXXX for {$10000.00}. However, because I still had the contingent/remaining {$20000.00} liability from the initial fraud, I had to find a way to get the remaining cash out of my BOA checking account. Because it was now approximately XXXX XXXX on a Saturday, the other banks would be closed and I could not withdraw additional funds from an ATM. So, on Tuesday, XX/XX/XXXX ( XX/XX/XXXX was a bank holiday ), I went to a BOA branch located on XXXX XXXX XXXX and XXXX XXXX ( which is about XXXX miles away from the branch I went to on XX/XX/XXXX ) to withdraw funds. I went to a teller and cashed check number XXXX in the amount of {$10000.00} ; I again could not get more than {$10000.00} so I had to go to another branch. During that same time, XXXX called me back to tell me that more attempts had been made to charge my account so I needed to withdraw more funds ( totaling {$50000.00} ). So, I went to the BOA location at XXXX XXXX. and XXXX XXXX ( which is about XXXX miles away from the two previous branches ) and attempted to cash another check for {$10000.00}. This branch, however, let me cash check XXXX for {$14000.00}. The branch manager did not say anything to me regarding my transaction history or question the check amount -- the woman simply said " that's fine. '' I then went to the BOA location at XXXX XXXX. and XXXX XXXX ( which is about XXXX miles from the previous branch ) and had a teller cash Check number XXXX for {$10000.00}. Again, no bank employee asked me any questions about my withdrawal history over that same day. I then went to the BOA location at XXXX XXXX XXXX and XXXX again to cash another check. However, because my account was at risk of being overdrawn, I could only cash a check with the teller for {$4500.00}. Again, not one BOA employee asked me any questions about my withdrawal history, the patterns of the amounts, or why I had gone to 3 different branches that same day to make large cash withdrawals. 

A subsequent withdrawal was made on XX/XX/XXXX via my cashing chk XXXX in the amount of {$9000.00}. In the time between the XXXX XXXX and XX/XX/XXXX withdrawals, I also while under duress, initiated a wire transfer totaling {$60000.00} that seemingly was paid to the fake BOA employee and her accomplices. These amounts were withdrawn/wired because XXXX ( the fake BOA agent XXXX again told me that additional funds needed to be protected. 

In sum, I have had {$110000.00} taken from me. I am at a complete loss and need your help in recovering any of these amounts. This ordeal has traumatized me incredibly and I'm sure I am leaving out other important details. Please don't hesitate to contact me with any questions. Please, I need your help.

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