Consumer complaint received 2019-10-01
Product: Checking or savings account — Checking account
Issue: Opening an account — Unable to open an account
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (NM)

On XX/XX/XXXX I went to Bank of America, the store located at XXXX XXXX XXXX XXXX, XXXX NM XXXX, to request open a Checking Account for a MSB. I was redirected with Miss. XXXX XXXX, Relationship Manager, who immediately said " no ''. After asking for the General Manager who came to speak with XXXX, they found in their online banking regulation that an option is possible with the right documentation and thru their Business Bankers with an appointment and remote PC video-conference. Miss. XXXX took my basic personal information, and my LLC company information, such us name, address, ITIN number, EIN number etc., to get that on her bank system. So I was re-scheduled for the next day, and required to bring with me the company documentation. So, next day by XXXX XXXX I was again there to be connected in the video-conference with the business bankers. Miss XXXX  called them over the phone and who ever picked up the phone on the side of the business bankers, they said NO, asserting they do NOT open checking accounts for MSB for internal policies. Also the business banker did not want to pass the call to me. It was just a cold and fast rejection. So, I asked for the Bank of America District Manager or Headquarter location and Miss XXXX just said they do not have headquarters in XXXX NM. 
I showed to Miss XXXX the Fincen Advisory date on XX/XX/XXXX pointing the page one, second paragraph, where provides the importance to ensuring " reasonable access to banking services '' for MSB 's who comply with the law. There MBS 's have the right to go thru the " fair '' application process and " banking organizations should apply the Bank Secrecy Act requirements to money services businesses, as they do with all accountholders, on a risk-assessed basis ''. 
However, in accordance with this provision no rejections without a " fair process '' are acceptable. 
I asked Miss XXXX to get a copy of this advisory in order to send it to their business bankers, and she refused to read it and to take it. After my persistence she took a copy of the Fincen Advisory without any real interest. 
Therefore, I consider a potential violation of our rights as MSB pursuant the Fincen Advisory XX/XX/XXXX second paragraph. This advisory was issued jointly by Fincen and  the " Federal Banking Agencies '' ( The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision ). 
Therefore, no one internal policy can stand against this Fincen and Federal Banking Agencies provision, non Bank of America. 
Then, pursuant the Fincen Advisory XX/XX/XXXX, with all respect I request hereby thru CPFB, First.- Send this complain to the headquarters of Bank of America to their reconsideration thru a " fair '' process, that usually includes a general questionnaire form, the copy of our AML Program , Training process and records, Compliance Officer, and Independent review ( The 4 pillars of a MSB ) ( 31 CFR 103.125 ), Authorized Delegate Verification Letters from Money Transmitters XXXX bank statements from the current bank, visitation to the business, curriculum of the owner, etc. Then, if every thing is under the BSA and the Law, opening the account to the MSB petitioner its mandatory. 
Second.- Send this complain to the Federal Deposit Insurance Corporation for its analysis.

Third.- Send this complaint to FINCEN Financial Crimes Enforcement Network for its analysis.

Forth.- Send this complaint to the Board of Governors of the Federal Reserve System for its analysis. 

Respectfully XXXX XXXX XXXX XXXX XXXX and XXXXXX/XX/XXXXXXXX XXXX XXXX XXXX XXXX NM XXXX XXXX OFFICE XXXX MOBILE XXXX