Consumer complaint received 2025-03-21 00:00:00
Product: Debt collection — Other debt
Issue: False statements or representation — Indicated you were committing crime by not paying debt
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY

Complaint narrative:
I, XXXX XXXX, formally submit this complaint regarding systemic irregularities and non-compliance in the handling of child support/state obligation remittance accounts deposited through Bank of America ( collateral agent ) via XXXX involving the New York State Office of Temporary and Disability Assistance ( OTDA ) and XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX Account Numbers in Dispute : Account No. XXXX XXXX  ID : XXXX XXXX  Case ID : XXXX The State of New York Office of OSC has confirmed that I do not have a contract with the State, and BoA is acting as a money laundering agency on behalf of XXXX XXXX XXXX XXXX XXXX XXXX BoA actions have contributed to the violation of my due process. 

Itemized Federal Mandates Violated Mandate / Regulation Title & Summary UCC 9-210 Right to request accounting and assignment records from secured parties. 
FDCPA 15 U.S.C. 1692g ( a ) Obligation to validate alleged debts upon request within 5 days. 
XXXX Article XXXX Guarantees due process before administrative financial enforcement actions. 
Bank Secrecy Act ( BSA ) Requires AML compliance, SAR reporting, and monitoring for financial institutions. 
USA PATRIOT Act 326 ( KYC ) Mandates identity verification for all remittance transactions.

45 CFR 302.56 Federal child support enforcement must follow fair, rebuttable presumptions for obligations.

45 CFR 303.101 Procedural requirements for enforcement actions and lien imposition.

2 CFR Part 200, Subparts D & E Financial transparency, cost principles, and audit obligations for federal funds recipients. 
XXXX XXXX XXXXXXXX ( Public Officers Law XXXX ) Requires public disclosure of government financial records. 
Accounting & Fiduciary Functions Potentially Violated by Bank of America Function Violation Custodial Oversight BoA has failed to maintain or disclose full custody chain of remitted funds. 
XXXX XXXX No evidence of suspicious activity reports ( SARs ) or fund flow monitoring through ExpertPay.com. 
XXXX XXXX BoA failed to validate sender/receiver identity and source of funds as required under the PATRIOT Act. 
Recordkeeping Absence of full ledger data for deposits, disbursements, suspense accounts, and offsets. 
Disclosure to Beneficiary XXXX XXXX has not received beneficiary remittance ledgers or accounting trail for enforcement. 
Collateral Agent Responsibility As collateral agent, BoA is responsible for legal due diligence on trust funds and must ensure compliant handlingcurrently lacking. 
IRS Reporting/Trust Accounting No confirmation of IRS Form 1099 or equivalent trust/fiduciary reporting tied to remittance balances. 
Financial Transparency Failed to demonstrate adherence to 2 CFR Part 200 rules for fund administration, including audit access and post-award financial integrity. 
These issues indicate systemic failures in fiduciary duty, XXXX enforcement, and federal compliance across all parties involved in the administration of remittance funds. These should be addressed immediately through federal audit, enforcement actions, and injunctions against further collections. 

Despite repeated lawful demands, these entities have failed to produce required validation and financial records, in direct violation of the following federal and financial mandates : Violations of Federal and Financial Mandates : UCC 9-210 Right to demand and receive full accounting and assignment records. 
FDCPA 15 U.S.C. 1692g ( a ) Mandates validation of debt within 5 days of request.

Administrative Procedure Act ( APA ) Article V Protection of due process in administrative enforcement. 
Bank Secrecy Act ( BSA ) Requires XXXX checks and suspicious activity monitoring. 
USA PATRIOT Act Section 326 ( XXXX  ) Requires verification of identity and financial sources in all remittance transactions. 
FXXXX XXXX XXXXXXXX Officers Law XXXX Requires public financial disclosure. 
XXXX XXXX of the Social Security Act Federal enforcement and funding regulations being misapplied without validation. 

XXXX & XXXX Violations Noted : The remittance accounts listed lack any clear XXXX protocol, no Suspicious Activity Reports ( SARs ) are filed, and no identity or source-of-fund validation is conducted as required. 
Bank of America, serving as a fiduciary deposit institution, has failed to disclose its compliance obligations under the Bank Secrecy Act and has not ensured transaction legitimacy or fund provenance. 
ExpertPay.com is facilitating financial flows without being held to the standard of due diligence required under XXXX laws creating the conditions for financial exploitation, fraud, or laundering under color of law. 
Accounting and Legal Failures : No certified agreement/obligation bearing the complainants signature. 
No formal Notice of Assignment validating a legal debt transfer. 
No full general ledger or remittance report showing transaction activity. 
No affidavit of enforcement or validation by authorized agents. 
Continued enforcement of alleged obligations despite multiple Certificates of Non-Response establishes willful fraud and abuse of authority.

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