Consumer complaint received 2023-12-31
Product: Checking or savings account — CD (Certificate of Deposit)
Issue: Managing an account — Funds not handled or disbursed as instructed
Company: BANK OF AMERICA, NATIONAL ASSOCIATION ()

XXXX, XX/XX/XXXX Case : Hacking of the XXXX XXXX Savings at Bank of America : + {$380000.00} Statements : In the first place, we XXXX XXXXXXXX XXXX  XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX and XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, all residing solely and permanently in XXXX, declare that we are the only holders and signatories in bank accounts of Bank of America ( BOFA ), before the theft without authorization ( hacking ) of all our savings in said bank. 

The balances presented by the hacked accounts were the following : XXXX XXXX XXXX XXXXXXXX Money Market Savings XXXX XXXX XXXX {$13000.00} until XX/XX/XXXX XXXX XXXX XXXX XXXX XXXXXXXX Money Market Savings XXXX XXXX XXXX {$46000.00} XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX Interest Checking Acct XXXX XXXX XXXX {$1600.00} XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX Checking Acct XXXX XXXX XXXXXXXX XXXX XXXX account ) {$0.00} XXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX {$100000.00} Transferred to XXXX on XX/XX/XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX {$110000.00} Transferred to XXXX on XX/XX/XXXX Narration of events : On XX/XX/XXXX, I, XXXX XXXX XXXX XXXX No. XXXX, went in person to withdraw cash at the XXXX office of your Money Market Savings XXXX. XXXX XXXX XXXX. I was attended at that time by XXXX XXXX XXXX XXXX ( XXXX ) XXXX of the agency and, to my surprise, account XXXX, which for years had been kept without speeding up any type of movement, reflected a significant number of operations, including a deposit of a check without money. At that time, I managed to make the claim in the accounts where I am the holder, the Money Market Savings XXXX XXXX XXXX account and the XXXX XXXX Banking account XXXX XXXX XXXX. I could not do so for the remaining accounts of my family, hacked in its entirety, since I did not have authorized signature on records. 

On XX/XX/XXXX, the family traveled to the United States to attend to this serious financial situation. 

From XX/XX/XXXX to XX/XX/XXXX, my mother and I, XXXX XXXX XXXX XXXX XXXX XXXX No. XXXX AND XXXX XXXXXXXX XXXX XXXX  XXXX XXXX No. XXXX, stayed at the BOFA office located in XXXX XXXX. There they demand identification with our passports, in order to correct the profiles of our respective accounts, since the personal data had been modified by the hacker. Immediately afterwards, XXXX XXXX XXXX herself received us again, along with other bank officials and they placed us in an office, where they communicated us with the fraud department to take our claim.

Finally, after going for three consecutive days within the opening and closing hours of the agency, the claims were made with the fraud department who requested a police report ( ANNEX XXXX ) and informed us that we had to wait ninety days for the response. Once the complaints were made, the local police replied that they could not act because it was a federal fraud due to the amount of the theft. 

Complaints : Account XXXX XX/XX/XXXX Claim No. XXXX Account XXXX XXXX XX/XX/XXXX Claim No. XXXX Account XXXX XX/XX/XXXX Claim No. XXXX Account XXXX XX/XX/XXXX Claim No. XXXX Account XXXX XX/XX/XXXX Claim No. XXXX, No. XXXX For FixedTerm CDS XXXX XXXX Claim No. XXXX After 90 days and via email, the bank informed us that the claims did not proceed, since more than 60 days had passed since the last fraudulent operations until the moment in which we made the formal claim in the agency and therefore the bank had no responsibility for our money, that is, the time to proceed with the claim had expired, which is why we had to go to the competent local courts to fight the case. 

Regarding the precision of the dates : Account # XXXX XXXX XXXX was hacked during the month of XX/XX/XXXX. 

Account # XXXX XXXX XXXX was hacked during the month of XX/XX/XXXX. 

Account # XXXX XXXX XXXX was hacked during the month of XX/XX/XXXX. 

The funds of the certificates of deposit ( CD 's ) such as those of the current accounts, were extracted in several operations from the month of XX/XX/XXXX, through account XXXX, having as destination the account XXXX where XXXX XXXX XXXX XXXX, appears as the sole holder, and as previously stated in the agency, it had not mobilized in years. Said transfers of the CD 's were assisted by an agent of Bank of America itself, The operations carried out for the extraction of our funds through the account of XXXX XXXX XXXX XXXX, served as a bridge, they were made through transfers and payments via XXXX to third parties, whose identities ( probably false ) revealed were : XXXX XXXX ID : XXXX. XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX, these names appear on the account statements. 

Personal Statement : We, XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX are unaware of all the operations carried out in both account XXXX and account XXXX, as well as the subjects whose possible names are XXXX, XXXX XXXX ID : XXXX who ultimately receive the online transfers and payments by XXXX as beneficiaries. In the same way we do not know XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX and XXXX XXXX, to whom we supposedly make payments through that same platform. There are operations carried out in account XXXX at the Counter of an agency where they deposit {$7000.00} on XX/XX/XXXX and {$18000.00} on XX/XX/XXXX, both deposits later discharged from the account due to lack of funds. Charges were found on account XXXX with a Debit Card. 

It should be noted that in the account statements there is also a deposit of {$18000.00} at an ATM located in XXXX XXXX ( in which photos must be registered to carry out operations ). 

Below, I attach the account statements that were provided from XX/XX/XXXX to XX/XX/XXXX when we became aware of the scam. In them, identity theft and transfers can be verified to extract funds from both the CDs, as well as from other accounts through account XXXX, used as a bridge and without transactions for years. 

XXXX or another competent entity must investigate and prove that we execute said operations. To this end, we, the undersigned and the rest of the members of the XXXX family, are open to submitting ourselves to any scrutiny by the Bank of America and/or Courts or Organizations. Competent Federal authorities, which correspond to them to advance said investigation.

Additionally, we emphasize that the " FixedCD 's '' do not expire, and are automatically renewed, unless the owner decides otherwise. A banking instrument that does not provide higher dividends, but it does provide security through the FDIC and what was indicated to us by BOFA to open said instruments. We always trust that the CD 's were automatically renewed, as it was done before the Hack.

We conclude : The Bank of America, guarantor and custodian of our money, evades its fiduciary responsibility by sending us to court, simply because we detected the scam for almost {$400000.00} after 60 days to make the claim. 

In summary : 1. They disassemble 3 automatically renewable {$100000.00} CDs, without the client prior approval of such operations via telephone calls or emails.

2. The Current Accounts without movement and CD 'S that are automatically renewed from their opening, both instruments were moved and extracted to the third party account without apparently calling the attention of the department in charge of bank security.

3. The Manager of the agency did not take the necessary measures in the face of an alarming situation in which a long-standing client withdraws all his money ( Almost {$400000.00} ) without a phone call or without appearing at the agency, ( normally to make a withdrawal of {$100.00} they require two instruments that identify the client ) 4. We have physical account statements where you can check the hacks in our accounts. 

We remain at your disposal to supply any necessary information, XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX.