Consumer complaint received 2019-12-17
Company: TD BANK US HOLDING COMPANY
State: FL
Product: Checking or savings account
Sub-product: Savings account
Issue: Managing an account
Sub-issue: Banking errors

Complaint:
I went to TD Bank on XX/XX/XXXX, with a very large XXXX XXXX settlement check, in the amount of {$100000.00} and soon as I walked in the door, I met the employee, that was the Acting Store Manager/Assistant Store Manager ( employed as both positions is my understanding ) at that time, ( ( who was in a position of " fiduciary trust '' with me, as she was very well aware that I receive permanent social security XXXX ... ... ( I was beat up under anesthesia and was taped that I XXXX   my own XXXX  XXXX away from my XXXX  after an XXXX  XXXX, as well as I suffer from XXXX XXXX XXXX, and a number of other injuries from falls, accidents, and traumas since the age of XXXX. I couldn't get medical malpractice, and due to the XXXX and other issues, became permanently XXXX under Social Security XXXX in XXXX of XXXX ) ... as she assisted me with regard to fees on my mortgage, and bank accounts in about XXXX of XXXX ) ) ; and so I asked the Acting Store Manager/Assistant Store Manager, upon my arrival, to " Please deposit this XXXX XXXX Settlement Check, which is for {$100000.00}, into my already existing checking account '' and I further stated " That I will be back in a few days to get some large checks authorized, as I want to pay off the doctors, and then take the majority of my money to XXXX XXXX, XXXX XXXX, to invest my money for my son and I, and our future. '' The Acting Store Manager/Assistant Store Manager, at that time, stated abruptly, and yelled at me, " No, you don't need to take your check to XXXX XXXX! Just deposit your check here, with us, in a Stellar Savings Account, for easy access. '' I told her, " Well, I don't want easy access, I need to make sure to invest this money for my son and I and our future. '' She told, me " Ahhhh, Don't Worry, Come on in my office and let me show you what we can do for you. '' And she pretty much " snatched '' the check out of my hand, and began walking toward her office. 

We sat down and the ONLY Financial Advice, Planning, Maintenance, or Assistance, the Acting Store Manager/Assistant Store Manager, did was to tell me to take {$20000.00} to pay off my home and that would put {$250.00} in my pocket each month. '' I told her " That sounds good, but I'm not sure if that's what I should do right away, as I would like to speak with an investor, to see what's the best options, and to make sure I don't squander or lose my money, as there may not be an opportunity for us to have this kind of check again. '' She Told me, well here is a card, and she wrote a number on the back of her business card, and she said you can call this number and somebody should be able to help you. 
And she said now let me open you the " Stellar Saving Account '' and you will be good to go. 

I sat there sad, and all slumped over, and I was confused, as I was beyond excited to have received that kind of check, and the check had just arrived by Express Delivery that morning, as I was able to settle my case, by myself, out of court, after four ( 4 ) lawyers told me that I wouldn't get anything for my case. 

To settle my own XXXX XXXX case, I worked with the XXXX XXXX XXXX Office, and also picked up medical records from another provider, and I researched Florida Statutes, and I was able to prove additional injuries and that the insurance carrier had not properly handled my case, and the Insurance Carrier chose to settle out of court, and I legally and rightfully received the full uninsured/underinsured motorist policy of the {$100000.00}. 

So, the Employee that was in both Employment Capacities, Acting Store Manager/Assistant Store Manager, proceeded to open my " Stellar Savings Account '' and did absolutely NOTHING else even that day to assist me with my Financial Planning and Investments, of my assets, or to even open other accounts, to diversify the money, as she could have helped me open " CD 's '' or " IRA 's '' or even an additional savings account for my Son, but she did NOTHING else to manage, and assist me, for my son and I, and our future.. 

She handed me the information, on the " Stellar Savings Account ' and the entire time, I knew I was making a horrific mistake, " trusting '' the " advice '' of the Employee that I knew in a Fiduciary Capacity, as she just sat smirking and smiling and all thrilled and happy that I had " opened '' a " new '' " Stellar Savings Account. '' During the enrollment process, and the " conversion '' of my money from My Intended and Planned purpose to merely deposit my XXXX XXXX Settlement Check into my already existing Checking Account so that I could go to XXXX XXXX, XXXX XXXX, in a few days, and invest my money, the Acting Store Manager/Assistant Store Manager, asked if I wanted to keep the information online, or keep the account to have mailed bank statements. We discussed about the size of the deposit, and so with her advice, as well, I chose to NOT have my " Stellar Savings Account '' online. 

The choice to stay offline, ended up being a really bad choice, overall, as the lapse in time in bank statements, and other personal matters, including my own health issues, and that my brother was fighting XXXX XXXX, and very sadly did transition, and that I was very busy filing, what ended up being three ( 3 ) separate Federal Court Cases, all during the time frame, I was " exploited '' and " ripped off '' of what I say is, thousands of dollars of my money, what I believe was stolen by the TD Bank Employees, including the Acting Store Manager/Assistant Store Manger. 

I also fully believe that the Acting Store/Manager/Assistant Store Manager May have received a " bonus '' or " perk '' or " raise '' or some sort of benefit to herself, by pretty much " forcing '' me to open the " new '' " Stellar Savings Account '' So, while I was busy on 1200 pages of documents over a year and a half, in the three ( 3 ) Federal Court Cases, and fighting through being sick, and even injured, and dealing with family and their sickness, between XX/XX/XXXX to XX/XX/XXXX, I was going to the TD Bank Store Location that opened my " Stellar Savings Account '', and I would get cash, but I kept telling the various Bank Tellers, including the Acting Store Manger/Assistant Store Manager, that " opened '' the " Stellar Savings Account '' that " I felt that my balances were wrong, and that I was going through my money too quickly, and that I needed to get with an investor, or do something so I wouldn't lose all of my money. '' They even know that I was paying additional mortgage payments, to bring down the principal on my home, but they did NOTHING to Assist me, help me, guide me, or even direct me to any of the other TD Bank actual Brokerage Investment Subsidiaries, of TD Bank, such as TD Ameritrade or the TD Bank Investment Management Offices. 

Instead, from XX/XX/XXXX to XX/XX/XXXX, I was " deprived '' of my " ownership interest in my financial assets for the future, for my son and I '', in " trusting '' the Fiduciary Confidence and Advice of the Acting Store Manager/Assistant Store Manager, who to me " represented '' herself, as a " Broker '' and her TD Branch Store Location, as an " Investment Brokerage. '' I met with the Acting Store Manager/Assistant Store Manger in XXXX of XXXX, and asked her " Where is all of my Money? '' and " Why am I broke? '' The Acting Store Manager/Assistant Store Manager, printed out all of the bank statements, and threw them at me, and told me, " You spent all of your money. '' I was sad, and XXXX, and crying and I told her, that " I didn't think it was right, what happened to me, and that I didn't have any money left for my son and I, and our Future. and that I wanted an " investigation '' into my account, as there were Thousands of Dollars, that I could NOT Account for in any of my records. '' The Acting Store Manager/Assistant Store Manager did NOTHING. 

In XXXX of XXXX, I contacted the TD Regional Branch Manager, and advised of what occurred, and that I felt I had been " Exploited '' and " Ripped Off '' as a XXXX Adult in Florida, and that I wanted my {$100000.00} back, as I feel that the Acting Store Manger/Assistant Store Manger, had no Legal Right or Capacity, to tell me to NOT Take my check to XXXX XXXX, XXXX XXXX, and to " force '' me to " open a " New '' " Stellar Savings Account '' and that they completely misrepresented themselves, as a " Broker '' and their TD Bank Store Location, as an " Investment Brokerage, '' and I kept claiming that Money was going out of my " Stellar Savings Account '' faster than I could account for in my receipts or records. 

The TD Bank Regional Branch Manager did NOTHING. 

So, in XXXX of XXXX, I once again, contacted the TD Bank Regional Branch Manger, and advised of the Violations of Florida Statutes 812, Theft, Robbery and Related Crimes, specifically, Chapter 812.014 ( 1 ), ( a ), ( b ) and ( 2 ) ( a ) ( 1 ), and that the Acting Store Manager/Assistant Store Manager had "  converted '' my money, by " grabbing '' my check, and then " forcing '' me to " open '' a " new '' " Stellar Savings Account, '' and as such, I was " deprived '' from my " intended '' " plan '' and " goal '' to " invest '' my " ownership interest '' in my XXXX XXXX Settlement Monies and Assets, of the {$100000.00}, with XXXX XXXX, XXXX XXXX. I further advised the TD Bank Regional Manager that TD Bank is a Commercial Bank, and does NOT meet the same legal authority, point or purpose as an "  Investment Brokerage, '' such as XXXX XXXX, XXXX XXXX. 

Additionally, I also advised TD Bank that they have Violated Florida Statutes Chapter 825, Exploitation of a XXXX Adult, specifically, Florida Statutes 825.105 " Good Faith Assistance '' in that the Acting Store Manager/Assistant Store Manager, took advantage of me, and " exploited '' me and BOUND TD Bank to me as an " Investment Brokerage '' firm and company, when the Acting Store Manager/Assistant Store Manger " opened '' the " Stellar Savings Account '' that they would be " brokering '' my " financial assets and resources, for the future. '' The TD Bank Regional Branch Manager responded to my letter by sending me copies of my Bank Statements, and Copies of the Savings & CD Withdrawal Slips. 

Within days, I responded to the TD Bank Regional Bank Manager, that I was again, Demanding Full Settlement, of My {$100000.00}, XXXX XXXX Settlement Assets and Resources, as out of the Fifty-Four ( 54 ) Official TD Bank Savings & CD Withdrawal Slips ( " Slips '' ), at least Thirty-Five ( 35 ) of the Slips, have been Altered, have Mistakes, Have Errors, are Missing Information, or are Incomplete and the other Nineteen ( 19 ) slips, even though they appear to be complete, they also seem to be missing information or have altered information. 

1. Many of the 35 Slips, do NOT have the completed Written Dollar Amount to verify the Actual Numerical Cash Withdrawal amount. 

2. And there is a Savings & Withdrawal Slip where the WRITTEN AMOUNT says TWENTY FIVE and the DOLLAR AMOUNT says {$2500.00}! There is QUITE a DIFFERENCE Between {$25.00} Dollars and {$2500.00} Dollars. 

Additionally, there are Savings & CD Cash Withdrawal Slips where it looks like a number 1 has been added to a Prior Slip, that was a {$400.00} dollar withdrawal became a {$1400.00} Withdrawal and a {$700.00} Dollar withdrawal looks like it became {$1700.00} Cash Withdrawal Slip. 

And a NUMBER of the SLIPS LOOK like there are EXTRA SPACES by the NUMERICAL NUMBERS where they should be closer together, like someone may have Photocopied a Larger withdrawal Slip and then Whited Out and/or Changed, REUSED, and FORGED the withdrawal slip, to have a different dollar amount. 

And Some of the Slips the Numerical Number is Changed, but there is NO WRITTEN DOLLAR amount to Verify the Withdrawal amount. 

3. Some Savings and CD Cash Withdrawal Slips ( Slips ) have My name spelled wrong, as XXXX or just my last name XXXX with a scribble at the end. And additionally, some of the Slips Looked Copied Over as my signature looks exactly the same 4. Some Slips have Employee Initials 5. Some  Slips do NOT have Employee Initials 6. Some Slips have Multiple Employee Initials with some written over or altered 7. Some Slips have NO DATE, and other slips have Errors on the Date, with some Slips missing the Year and/or part of the date is written over 8. Some Slips have Errors on the Account Numbers and they have been written over, changed or altered 9. And there appears to be a number of XXXX initials, as many as 15 of them, yet, I don't know a TD Bank Employee that works at the TD Bank Store Location, with those initials. 

However, I do know from being a TD Bank Client, the former teller XXXX, whom I happened to see at the grocery store a number of months ago, was one of the main tellers that had access to my " Stellar Savings Account '', during the time frame the majority of my cash came up " missing '' or " unaccountable '' and then she either quit, or was fired, as she was criminally charged for, I believe it was, Scheming to defraud ' as I saw her mugshot in the local crime report for being arrested in the spring of XXXX. 

I further advised the TD Bank Regional Bank Manager that because the Acting Store Manager/Assistant Store Manager is in Violation of Florida Statutes Chapter 812 Theft and/or for " Conversion '' of my " ownership interest '' in my {$100000.00} XXXX XXXX Settlement and also in Violation of Florida Statutes Chapter 825 Exploitation of a XXXX Adult in Florida, for failing to have " Good Faith Assistance '' with regard to the " pre-existing '' " fiduciary relationship '' and failed to assist me, with maintaining my financial stability, assets and resources for my son and I, for our future. 

I also then further advised the TD Bank Regional Manager that since the Acting Store Manager/Assistant Store Manager is in Violation of Florida Statutes Chapters 812 and Chapters 825, I am allowed to file " Pre-Settlement Notice '' of Violation of Florida Statutes Chapter 772, Civil  Remedies for Criminal Practices, I would then be entitled to " three fold actual damages, or treble damages. '' I am seeking reimbursement of all {$100000.00} of my XXXX XXXX Settlement Monies, along with the treble damages for a Total Demand Settlement of {$300000.00}, as the Acting Store Manager/Assistant Store Manager, whom had a " pre-existing '' " Fiduciary Relationship '' had no legal Right or Capacity to tell me to NOT take my check to XXXX XXXX, XXXX XXXX, and then to " convert '' my funds to her TD Bank Commercial Bank and to " exploit '' me of my financial assets and resources, to what may even be her personal gain or benefit, without any assistance, or maintenance to me, as a XXXX person under the Laws of the State of Florida. 

I requested for the TD Bank Regional Branch Manager to Settle with me, out of court, to avoid the attorney 's fees, and costs of filing litigation in this matter. 

The TD Bank Regional Branch Manger, declined to settle out of court. 

I already outlined the Threefold or Treble Damages, under Florida Chapter 772.11 ( 1 ), and I am in the process of preparing another Demand for Settlement Letter, which will further comply with the " Pre-suit '' Requirements of Florida Statutes Chapter 772.11 ( 1 ). 

Additionally, I sent an email on XX/XX/XXXX, to the TD Bank Regional Manager, as TD Bank, is also guilty of Violating Florida Statutes Chapter 655, Title XXXVIII, Banks and Banking, and specifically, Chapter 655.50, the " Florida Control of Money Laundering and Terrorist Financing in  Financial Institutions Act, '' and specifically Chapter 655.50 ( 8 ) ( a ) which states, in part, the following : ( 8 ) Each financial institution shall maintain : ( a ) Full and complete records of all financial transactions, including all records required by 31 C.F.R. parts 500-598 and 1010 for a minimum of 5 calendar years.

Additionally, I sent the TD Bank Regional Branch Manager correspondence with the Email that  outlined the additional Violations of Florida Statutes According to the Florida Statute Chapter 655.50 Florida Control of Money Laundering and Terrorist Financing in Financial Institution Act, specifically, Statute 655.50 ( 4 ), states the following with regard to the within State Statute Requirement, to have a BSA/AML Compliance Officer that is Required to comply with the rules and regulations within Chapter 655 and all of the other Bank and Financial Institution Rules, Regulations and Statutes on both the State and Federal levels, ( emphasis added ) : ( 4 ) A financial institution shall designate and retain a BSA/AML compliance officer. The board of directors of a financial institution must ensure that the designated compliance officer is properly qualified and has sufficient authority and resources to  administer an effective BSA/AML compliance program. The board is ultimately responsible for establishing the institutions BSA/AML policies and overall BSA/AML compliance. A change in the BSA/AML compliance officer must be reported to the office.

In addition, Florida Statute Chapter 655.50 Florida Control of Money Laundering and Terrorist Financing in Financial Institution Act, specifically, Statute 655.50 ( 3 ) states the following Requirements for the Bank Secrecy Act ( BSA ) / Anti-money Laundering ( AML ) Compliance Officer in accordance with the additional the Bank Secrecy Act of 1970 ( BSA ), the USA Patriot Act of 2001
and all of the other Federal and State Banking and Financial Institution Statutes, Laws, Rules and Regulations, ( emphasis added ) : ( 3 ) As used in this section, the term : ( a ) BSA/AML compliance officer means the financial institutions officer responsible for the development and implementation of the financial institutions policies and procedures for complying with the requirements of this section relating to anti-money laundering ( AML ), and the requirements of the Bank Secrecy Act of 1970 ( BSA ), Pub. L. No. 91-508, as amended ; the USA Patriot Act of 2001, Pub. L. No. 107-56, as amended, and federal and state rules and regulations adopted thereunder ; and 31 C.F.R. Parts 500-598, relating to the regulations of the Office of Foreign Assets Control ( OFAC ) of the United States Department of the Treasury.

Therefore, TD Bank, is Required to have a BSA/AML Compliance Officer that is fully responsible for complying with Florida Chapter 655, Title XXXVIII, Banks and Banking Rules and Regulations. And also for complying with all of the other Federal and State Banking and Financial Institution Statutes, Laws, Rules and Regulations with regard to keeping Full and Complete Records of All Financial Transactions. 

So, TD Bank is also therefore out of compliance then with the Federal Banking Rules and Regulations with regard to Full and Complete Records of All Transactions and also the Federal Anti-money- Laundering laws. 

Once again, I made demand to TD Bank for a fair, reasonable and equitable settlement under the Chapter 655 Title XXXVIII, Banks and Banking, Chapter 655, Financial Institutions Generally, of the 2019, Florida Statutes, under Chapter 655.50 Florida Control of Money Laundering and Terrorist Financing in Financial Institutions Act, specifically 655.50 ( 3 ) ( a ), ( 4 ) and ( 8 ) ( a ), as well as Florida Statute 812 Theft, Robbery and other Related Crimes, and Chapter 825 Exploitation of Elderly Persons of Disabled Adults in the State of Florida and also pursuant to Chapter 772.11 ( 1 ) Civil Remedies for Civil Practices for FULL DEMAND of {$100000.00} x THREE ( Treble Damages ) for FULL DEMAND SETTLEMENT of {$300000.00}. 

Today is XX/XX/XXXX, and I have yet to have an email or letter or phone response to my XX/XX/XXXX, email to the TD Bank Regional Branch Manager. 

I am a XXXX single mother, with a XXXX  son, and we don't even have enough money to pay our bills this month, we go each month without food, and we don't have any XXXX presents! 

We are beyond devastated and traumatized that we are struggling, when we should have plenty of money and our lives should be very financially sound.

Company response to consumer: Closed with explanation