Consumer complaint received 2023-07-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
Product: Checking or savings account
Sub-product: Checking account
Issue: Opening an account
Sub-issue: Account opened as a result of fraud

Complaint:
Exibet A Claim request I have resided in the XXXX since XXXX after I was laid -off from the XXXX XXXX in XXXXI have only returned to USA a few times the last was in XXXX for 2 weeks I have had no prior identification such as drivers license and just recently XXXX receive my SS card and my passport is held by USA and unable to travel out of the XXXX. 
Someone in XXXX applied for my benefits without my approval or consent while I was in the XXXX I DID NOT AUTHRIZE any one or give permission for anyone to request my benefits. I was told by your office it was all done by email I have requested proof from your company showing me where I signed my signature with identification or any proof of whomever signed as well as a Power Of Attorney proving they had the authority to act on my behalf with proof of signature and identification and legally notarized, as I know there is none, as I did not give anyone the power to represent me. 
Once you mailed the check someone cashed the check at Bank of America in XXXX Kansas into a fraudulent account number. Bank Of America opened up a account in my name on XX/XX/XXXX and once they got the check you mailed out they then deposited it into the fraud account at Bank of America were the money was spent using a atm card for purchases I did not give anyone permission or authorization to open this account I too requested for proof of my signature and identification as well as a proof of Power Of Attorney to whomever opened it and was told they have none. As further proof of where I was at this time I was in the hospital having XXXX XXXX ( as proof with evidence included with this Dispute package ) I learned about this in XXXX when I applied for a account online at Bank Of America from the XXXX, in order to get my Social Security benefits deposited as I needed a USA bank account. And they told me I already had a account and it was overdrawn, and I owed them money and I would need to talk to XXXX as they issued the check which is the first of many calls to you explaining my situation finally you told me after 3 months of no answer except call us back, its was bank Of Americas problem since they cashed the check, and you did no investigation that I was made aware of except to tell me, I requested it the money.I then asked XXXX and Bank of America for proof of signature and identification used to request and open the accounts as well as any Power of attorney used to justify the release of these funds. After contacting BOA they opened the first investigation claim # XXXX and XXXX around XX/XX/XXXX into it, so I thought, but after waiting over 9 months I only received the same answer, we are investigating it takes up to 90 days they finally tell me to make a police report which I had already done, not one time did they request any documents concerning the account or any hand written statements during there initial investigation. Tuesday XX/XX/XXXX I requested in a notarized letter to both XXXX XXXX XXXX XXXX and Bank Of America ( WHICH I HAVE INCLUDED IN THIS DISPUTE LETTER. SEE ATTACHMENT A ) for information of everything concerning my account and to this day I have yet to receive anything only a copy of the check. After I forwarded the police reports and all my request, I kept getting sent back and forth to XXXX and BOA with each telling me to go after the other always you must call the bank as they cashed it or you must call XXXX as it is there check for 2 yrs going nowhere then the end of XXXX XXXX Bank Of America told me there was nothing they could do as the statue of limitations had expired. After that I was devastated and super depressed as all my hard work for that company I believed was gone stolen from me and no one cared. Then In XXXX I was talking to a friend about this very thing and he informed me that there is no such thing as statue of limitation on Fraud, so I called back Bank Of America and they opened another case claim # XXXX and XXXX this is 7 years after the fraud was done and 6 years since I first informed someone of it happening to me ( the total lost to me is {$99000.00} dollars before taxes ). 
Then I was given the 90 day investigation again which I couldnt understand I filled out and returned every request they made to me for documentations but I received nothing on the account I requested finally I was told everything was done online with no proof of id or signature and I have received the same from XXXX no one has given me any proof of my requesting these funds. Have already sent you the finding from Bank Of America stating the account was fraud and all funds will be returned to you XXXX once you cancel the check I asked them to contact you just as I asked them to contact you but neither one of you want to solve this fraud in any way you keep telling me to do it I believe you both had a part in this mess and you both should work to correct it I have suffered greatly from this miscarriage of inaction by the both of you and would appreciate from Bank of America view they are only waiting for you XXXX ) to claim the check and they will return funds to you as there insurance has already been filed on the lost funds from the account. I did not request the funds in XXXX but I am in 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