Consumer complaint received 2024-08-26 00:00:00
Product: Checking or savings account — Checking account
Issue: Managing an account — Cashing a check
Company: SANTANDER HOLDINGS USA, INC.
State: CA

Complaint narrative:
I wrote 2 checks on my Santander Bank checking account on XX/XX/XXXX made out to 1 ) Dept of The Treasury, Internal Revenue Service 2 ) Tax Collector - XXXX XXXX XXXXXXXX On XX/XX/XXXX they were cashed by Santander Bank, but not presented by the IRS or the Tax Collector, XXXX XXXX XXXXXXXX. All looked well on the bank statements that I reconcile each month. 

In actuality, the checks were stolen, and signed by some person, who was able to cash the checks made payable to the IRS and the Tax Collector for the XXXXXXXX XXXX XXXXXXXX RI. I was unaware of these incidents at this time. My bank statements balanced and all checks cleared. No notifications from tax authorities of irregularities or accounts not in good standing. Nothing. 

In XX/XX/XXXX and XX/XX/XXXX, when notified by the respective tax agencies that my accounts were not in good standing, my research reaffirmed the checks being cashed, just as I saw back in XX/XX/XXXX when I reconciled the bank checking account. I balance my checkbook each month and the checks had cleared. I was not notified and had no reason to be concerned before being notified by the tax collection agencies in XXXX and XX/XX/XXXX, respectively. In XXXX, I initiated a claim regarding the check payable to the Tax Collector XXXX XXXX XXXX for {$1600.00}. I was unaware of the 2nd fraud incident at this time, because I had yet to be notified by the IRS that my account was not in good standing. They paid this first one for {$1600.00} after 3 months of research. I initiated the 2nd claim with Santander Bank after notification by the IRS ( enclosed ). but Santander denied the claim for {$1700.00} to the IRS because they said the window for filing claims is six months and my claim was made after that period. I appealed and was denied a 2nd time for the same reason. 

Heres the issue I didnt know it was fraud until the IRS notified me with a notice dated XX/XX/XXXX. In addition, the bank statements received monthly, which I balance each month, do not have the back side of the check image included, making it impossible to confirm the endorsement of any check. In other words, given how Santander Bank does not even provide sufficient information to validate whether a check was fraudulently cashed, it is the banks fault. It is not until the Tax Collector and the IRS notified me that I was missing a payment that I would even know of the fraud issue. 

The problem is not with me in filing a claim late, but with Santander Bank due to a ) its gross lack of check-cashing security measures and b ) not supplying the back image of checks on the bank statements in the first place. 

I am EXTREMELY UPSET THAT the BANK SAYS THAT I HAVE TO ABSORB THE COST OF {$1700.00} PLUS {$120.00} in PENALTIES WHEN SANTANDER BANK CASHED THE FRAUDULENTLY ENDORSED THE CHECK TO THE IRS. It's the 2nd occurrence for this account in 2 months! How can they even consider that I would be at fault when theyve done this twice now, to my account? Furthermore, by not supplying me with the back image of each check on the monthly bank statements, they have not provided me the means to even see the endorsement signature. To push the blame on me is absurd. The bank is totally at fault for cashing the check made payable to the IRS, allowing an impostor to cash it, and supplying monthly bank statements that have insufficient information on them to allow me, the customer, to see who cashed the check. 

Santander Bank is 100 % at fault for not having the security measures in place to prevent this fraud and I it is not acceptable that I have to absorb this responsibility and cost.

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