Consumer complaint received 2024-05-30
Product: Checking or savings account — Checking account
Issue: Managing an account — Funds not handled or disbursed as instructed
Company: WELLS FARGO & COMPANY (CA)

I received a notice from the IRS dated XXXX on XXXX stating that I owed {$240000.00} in late taxes with incurred penalties and interest. I immediately contacted my CPA on XX/XX/XXXX via email asking what this notice was. On XX/XX/XXXX, our CPA replied stating that it appeared that the IRS was not crediting us for a payment in the amount of {$230000.00} that was mailed to the United States Treasury on XX/XX/XXXX and advised to request a cancelled check. I contacted Wells Fargo Banks customer service to request a copy of the cashed check which was emailed to me within the hour. Upon opening the document, I saw that the check that was processed for payment was not made payable to the United States Treasury, but to an individual 's name that I did not write the check too. I contacted Wells Fargo to file my claim on the same day, XX/XX/XXXX. I advised when submitting my claim that I have online banking and do not receive physical copies of the checks returned to me and that I validate the check numbers and amounts and do not click on every single item to view the checks. The Wells Fargo claims representative advised that due to the length of time that had lapsed from when the fraud occurred and the date that I reported the fraud and that it was ultimately my responsibility to verify the checks being present against my account. I was then advised that I would need to wait up to 10 business days to hear a response from Wells Fargo Bank on my claim. I was also advised that due to the large dollar amount of the claim that most likely a senior claims representative would be contacting me to get further details. I did receive a call on Monday XX/XX/XXXX to whom I provided the details of the fraud. At that time I also pointed out to the claims representative that the check that had been presented for payment and processed by Wells Fargo Bank did not have my husbands name spelled correctly and that the fraudulent check had additional writing on the top of the check that our checks do not have. I asked her if she needed a copy of the original check that I had on file, as I keep all tax records on file, to see the difference between the checks, and she advised that it was not necessary but that if it made me feel better I can fax it to them. And I did fax them another statement along with all of my documentation on the XXXX of XXXX. On XX/XX/XXXX, I received a call from Wells Fargo Bank stating that our claim was denied due to the length of time that had lapsed and that they no longer had the recourse to recover the funds from the beneficiary bank. I was appalled not only because we were robbed of {$230000.00}, but that Wells Fargo refused to take any further action into investigating this crime. It was obvious that the check had been deposited into this individual 's account and there is further information that can be revealed with the depository bank, but Wells Fargo said that they would not pursue any further action on my behalf until we signed a " Hold Harmless Agreement '' with Wells Fargo Bank. When I asked for clarification on what this meant, the claims representative stated that it would relieve Wells Fargo from any financial liability for our lost funds and that they would then attempt to recover as much of the funds from the beneficiary bank, if any funds were still available in the account that the money was deposited into. I advised that I would discuss it over with my husband and left it at that. Wells Fargo then called my husband on the XXXX of XXXX, asking him to come into a branch to sign the agreement, at which point he advised that we would not be signing the hold harmless agreement and would take legal action. I feel that Wells Fargo failed to fulfill their due diligence by letting a check that did not have my husband 's name spelled correctly on the check. The depository agreement we signed with Wells Fargo when we opened this account was under the legal name of my husband and myself, not the name that the fraudulent check was printed out as. Wells Fargo failed to check all of the items that should have been checked prior to releasing the funds. And Wells Fargo, as a federal institution, should do whatever they can to support crimes as what happened to us, to research and investigate to protect other consumers in the future. Wells Fargo was quick to blame me stating that I failed to look at my checks in a timely manner, but Wells Fargo failed us first by not checking that the check that was presented for payment was valid with the correct spelling of my husband 's name. We signed a legal agreement to manage our account with Wells Fargo 's depository agreement with our correct names, not the name that this fraudulent check was processed in. We should not be held liable for these lost funds when our legal agreement with Wells Fargo is under the correct name as shown on my check copy, but the fraudulent check. Somewhere from when I put our tax payment in the mail, our check was stolen and we have now been a victim of identity theft and fraud that Wells Fargo is not willing to take any responsibility for or even attempting to catch the criminal ( s ) involved as contacting the beneficiary bank to get the account holder 's information would be accessible. I have filed a police report with the city police department as well and have our report number.