Consumer complaint received 2023-02-13
Company: WELLS FARGO & COMPANY
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
I recently submitted a complaint to Wells Fargo over the telephone about the violations and issues described below, but legal advice informed me complaints submitted on the telephone very well may be submitted in vain and I was eventually directed to file a complaint with the Consumer Financial Protection Bureau. 
On or about XX/XX/2023, a lady and I visited the Wells Fargo Bank Branch in XXXX CA, located at XXXX XXXX XXXX XXXX, XXXX, CA XXXX, with a notorized combination Last Will and Testament with Durable Power of Attorney documents my mother ( XXXX XXXX ) ) and XXXX dad ( XXXX XXXX XXXX ) both signed. The lady and I explained to a bank employee named XXXX XXXX XXXX XXXX that my mother was recently hospitalized in a local medical hospital diagnosed with a XXXX XXXX XXXX but was treated and transferred to and is currently residing in a skilled Nursing Facility and I need to utilize the power of attorney to deposit funds in my mother 's account and to write checks to pay my mother 's bills. 

The bank employee asked to see the notorized documents and I produced the documents titled Last Will and Testament and Power of attorney my mother had stored in a folder, and the bank employee said he needed to look at my mothers account balance and he asked me for my mothers account number. I showed the bank employee the account number and he apparently viewed the account with a device on his desk. The bank employee then quickly looked through the papers and said they are not notorized. We then corrected the bank employee and showed him the notary public stamp, signature, and license or commission number with the papers. The bank employee looked at the name and number of the notary public and he exclaimed Oh! I notorized these but my notary public expired and I am no longer a notary public. I have a different job at the bank now and your notary public on the documents expired when my notary public expired. 
The bank employee then asked me which facility my mother resides in and I said my mother is at the XXXX XXXX XXXX facility. The bank employee said when my mother dies the Last will and Testament comes into effect. I responded that I realize my sister and I inherit our parents belongings, but we only want to be able to help my mother pay bills we do NOT want my mother to die. The bank employee then suggested the XXXX XXXX become my mother 's Power Of Attorney if they have a notary public service there and he told me perhaps they could help us there. 

I never heard of a power of attorney expiring before and I contacted a couple attorneys from different law Offices and both attorneys told me a power of attorney does not expire until the person 's death unless the person enacted a different date but that was not done in this case. 
I tried to find the name of the bank XXXX in the XXXX XXXX but I did not see the name of the bank XXXX posted anywhere. I asked other bank customers and was told XXXX XXXX XXXX XXXX is the current bank XXXX and they pointed to where XXXX XXXX XXXX XXXX was standing, and I realized the bank XXXX apparently now is XXXX XXXX XXXX XXXX. 
. I was informed complaining about immigrants may bring retaliation my way. I responded that I am the son of an immigrant and I treat every person with dignity and respect and I hope other people do unto others like they would like other people to treat them. 
I contacted, the XXXX XXXX XXXX, and learned they wrote One of the biggest white-collar crime cases of the year has been the Wells Fargo case XXXX where it was revealed that the bank issued secret credit cards without customer consent, set up fake email accounts to sign customers up for online banking and even formed sham accounts, discovered by customers only after fees began accumulating. In XXXX, Wells Fargo was fine {$180.00} XXXX in fines, with {$100.00} coming from the Consumer Financial Protection Bureau, a recent formation in the financial oversight industry. 
The huge fines and tarnished reputation are serious sanctions, yet many are calling for more. There is now a demand for the XXXX of Wells Fargo, XXXX XXXX, to face criminal charges. Senator Elizabeth Warren, when grilling him before Congress, told him he should be criminally investigated. 
Under the Responsible Corporate Officer Doctrine, it is possible that XXXX could be charged and prosecuted if it is discovered that he should have known about the illegal activity and could have prevented it or corrected it. A corporation must be held accountable for criminal behavior, and, as the leader of the company, they should be held criminally liable for the corporations crimes. This doctrine is significant in that the prosecutor would not need to know that XXXX knew anything just that he should have known. 
The prosecutor could prove this by showing he was somehow made aware of employees being retaliated against or terminated for refusing to make quotas by signing customers up for fake accounts without their consent. During the Congressional hearing, XXXX denied any knowledge of this whatsoever, but some will find that difficult to believe. 
Although about 5,300 employees were fired because of the scandal, no one has made much noise about whether these people could face criminal liability. Usually, anyone involved in a criminal enterprise will be liable for any criminal acts committed, as well as the crimes of the entire enterprise. Of course, it is feasible that the employees were acting under duress, given the fact that many were reportedly terminated for failing to follow the company line. This may not be enough to avoid criminal liability, but there does not seem to be much momentum for prosecuting these individuals at least not yet. 
It appears that Wells Fargo could face both state and federal liability. Former Attorney General Kamala Harris of California has subpoenaed information from Wells Fargo concerning the scandal, including whether employees improperly accessed servers to obtain customers personal information without consent ... '' I also learned from other sources about other crimes Wells Fargo Personnel committed and accordingly the XXXX Wells Fargo branch XXXX, XXXX XXXX XXXX XXXX, needs to be reported and stopped from discriminating, lying to customers, and virtually preventing customers from paying bills. 
XXXX XXXX

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