PNC Bank Complaint

PNC Bank Complaint

What PNC Bank did:
***** need a lawyer to sue PNC Bank for breach ***** fiduciary duties/ gross negligence. ***** have ***** FBI agent who tried to help me who will testify ***** did everything that could be done to prevent the release ***** my monies by the recipient bank, but PNC bank refused to reach out to tell the Hong Kong Bank the transfer was caused by fraud. ***** am willing to share 1/3 ***** the recovery for your representative fees. Under the current facts punitive damages are a good possibility and ***** will share 1/3 ***** those also. My loss as a result ***** the transfer was $120,000.00. ***** have a good number ***** evidentiary documents to provide to you including all correspondence with the FBI agent.

On Friday August 5, 2022, at about 4 *****.M. ***** was on my home computer reading my email when suddenly the screen on my computer froze with the symbol ***** Microsoft emblazed on it a with a message that my Microsoft account ***** been illegally penetrated and that ***** ***** suffered a loss ***** monies and needed to ***** a telephone number provided to prevent further damages. Because ***** ***** previously, as early as April ***** this year received several emails warning ***** unusual sign-in activity on my Microsoft account. There were attempts made on April 4, 26 and 28. As a precaution ***** forwarded all those messages to Microsoft on their fraudulent activity internet address, ******@*****.*** None ***** the messages forwarded were acknowledged as they ***** previously been acknowledged.

Because ***** the various earlier warnings, ***** called the number provided on the screen. A gentleman with a strange accent answered and conversed with me for a while until ***** asked that someone else would talk to me so ***** could understand his message. He then transferred my conversation to someone named Wayne ***** who claimed to be a representative ***** the Social Security Administration who then proceeded to tell me that he too was involved in the investigation ***** the unusual activity on my bank account. He then mailed me some documents prepared with my name and address stating that Social Security ***** received evidence ***** my identity theft issue which ***** also been brought to the attention ***** the Federal Trade Commission. The documents instructed me to do nothing without first consulting with a bank representative and to never disclose to anyone that ***** investigation was underway. He also stated that ***** insurance policy was being issued by F.D.*****.C in the amount ***** $300,000 to protect me from damages. ***** was to remain totally quiet about everything that was going on while the investigation proceeded.

He instead suggested that ***** speak to a security representative for PNC Bank named Janette ***** because he claimed that my bank account ***** been interfered with to the loss ***** $15,000. Almost immediately a woman appeared into the conversation who identified herself as Janette *****, A security representative with PNC bank. She then revealed that the loss ***** $15,000 ***** ***** been prevented but that a danger remained with further attempts a theft would be expected and needed her help to prevent their happening again.

She then suggested that we needed to do something to prevent whoever was interfering with my bank account to not know that we were aware ***** the previous attempt. She then suggested that the best way to do that was to withdraw some cash so that the person involved in the previous attempt would feel secure in trying again.

She instructed me to go to a PNC bank at San Antonio to withdraw funds using the drive through window so that the employees inside did not become aware that ***** investigation was proceeding because the employees might be suspects in my attempted theft.

***** then, as instructed, withdrew $3,000 and she then instructed me to drive to another location. She sent me to a place called JNG Food Mart at . ***** was there to deposit those monies for later return to my account when the suspect was apprehended. ***** refused to use the ATM machine there because it looked extremely suspicious.. She then directed me to a location at called Lucky Liquor. At that place she directed me to ***** ATM machine that dealt in bitcoins. ***** asked why bitcoins were necessary and she replied that that was a very safe way to save and preserve the withdrawn monies until the investigation was over. While there she instructed me on how to convert to bitcoins and ***** deposited the withdrawn funds and obtained a receipt from the machine. On Sunday August 7 , 2022 she called several times with nothing to say. Finally, she said they ***** a suspect in China which seemed to match another Microsoft warning that ***** received stating that someone in China was interfering with my bank account. My forwarding the message to Microsoft produced no response once again.

On Monday August 8 ***** called really early in the morning to tell me someone ***** stolen $120,000 from my bank account but that they were going retrieve it. She then suggested that they now ***** a perfect opportunity to apprehend the suspect because they ***** a bank that he was using and that she on behalf ***** PNC Bank ***** arranged to have the Hong Kong bank participate in the apprehension, but ***** would have to assist by sending $120,000 ***** my savings to the Hong Kong Bank. She instructed me to go to my regular PNC bank to arrange the transfer ***** monies. That was accomplished and ***** went home uneasy about what ***** ***** done. As ***** sat at home, ***** decided to Google Janette *****’s name. ***** then saw a person named Janette ***** who ***** been convicted in a North Carolina Federal Court for the offense ***** Fraud. ***** immediately looked up the telephone number ***** the PNC Bank headquarters in Pittsburgh, Pennsylvania and talked to two women there about what was transpiring. They very quickly advised me that none ***** those activities were by ***** employee named Janette ***** and that ***** ***** been scammed by all the people involved in the process from the fraudulent Microsoft representative, the fraudulent Social Security representative and another person named George, last name unknown. They then put me on hold for over ***** hour and finally came back to tell that it was too late to stop the transfer ***** monies. This was barely about four hours from the time the money was wired. And ***** asked how can it be too late to stop it? All you have to do is make a phone ***** to the Hong Kong bank and advise them it was a fraudulent transaction.

***** has been trying to contact me in several ways and ***** have not answered her calls and blocked her phone messages. ***** investigation ***** *****’s telephone number reveals that it is assigned to ***** escort service dealing in @#$%&! girls. ***** then contacted the Castle Hills Police department and gave a statement. ***** have also asked the PNC Bank in Pittsburgh to cancel the transfer ***** funds because ***** the fraud involved and ***** emailed them all the documentary proof ***** ***** gathered at the time. They advised that it might be too late to stop the transfer but that they would enter a dispute to attempt to recover the funds. ***** also went to my local PNC bank to ask for help there. ***** asked that they ***** the Hong Kong bank by telephone and advise it was a fraudulent transfer and to not release monies. ***** asked them to create new bank accounts and cancel the old accounts. They informed me they could do nothing to help me because there was already a dispute in place. My Daughter Adrianna Martinez contacted the local Federal Bureau ***** Investigation and conferred with ***** agent that has agreed to assist in the investigation and recovery. He advised that all international bank transactions must go through ***** intermediary bank before delivery is made to the Hong Kong Bank. He recommended the execution ***** a document relieving PNC ***** all liability if they sought to enforce the intermediary approach. The local PNC bank and the headquartered PNC bank claim to know nothing about the FBI’s recommendation and would not prepare or accept the release ***** liability document. ***** then prepared one with the assistance ***** my daughter Elysiana Judith Strotkamp, ***** attorney but the local bank refused to accept it. The same day ***** notified the Castle Hills police my daughter Adriana Martinez filed a complaint with the F.B.*****. Fraud Division and ***** agent named Edward B. McIvor responded with instructions. She also followed instructions ***** McIvor and filed a complaint/report with the Hong Kong Police Department. While we were at the local PNC Bank my daughter was in contact with agent McIvor on the phone advising that we ask the bank to help stop the transfer ***** monies. The bank manager said there was nothing he could do to help me.

***** never heard from PNC until ***** received ***** email on August 12, 2022 from a person named Scott Unrue at scott.unrue @pnc.com who identified himself as someone delegated the responsibilities ***** addressing bank customers having complaints. In the email he instructed me to ***** his office or to reply to his email. ***** replied to his email and made arrangement to ***** him at a certain time and on the day arranged for calling ***** reached out to him by telephone several times and he never answered.

***** then emailed him again and requested that he send me evidence ***** the proof that a dispute ***** been lodged against the transfer ***** monies and asked why the Hong Kong bank ***** not been contacted by telephone before the monies were released. He did not reply. On August 17, 2022, nine days after the money was wired ***** emailed him again with the bad news that the Hong Kong police Department and agent McIvor ***** informed me that they ***** bad news because the monies ***** been released. ***** once again requested Mr. Unrue that he provide me with the same documentation ***** ***** requested two days earlier. This time ***** specifically requested the information required granting him authority to place a “dispute” on a wired transfer. “Disputes” are designed to be used in transactions done with credit cards and debit cards and other similar instruments where disagreement arise from purchasing something. Mr. Unrue did not respond and to date has not released anything showing compliance with whatever authority he relied on. There is no way to send a dispute on a transatlantic transfer. It would be just as easy to communicate straight with the Hong Kong bank which they declined to do. Eventually, on August 26, 2022, Mr. Unrue called to tell me the bank was being assisted by someone with the F.B.*****. in the investigation ***** the case and that he would keep me posted on the progress, if any.

***** reminded him that agent McIvor ***** told me his involvement was over because the monies were released because no one ***** bothered to notify the Hong Kong bank to withhold release ***** the monies because there was fraud involved. On October 4, 2022, ***** wrote a letter to Mr. Unrue Informing him that because neither PNC bank ***** done anything to assist me and because he still ***** not provided me with any evidence that a “dispute” ***** been set, ***** was going to seek help from lawyers experienced in suing banks for violations ***** Breach ***** Fiduciary Duties.

***** never heard from Mr. Unrue again until October 27,2022 when ***** received a short letter telling me that PNC was closing my case. ***** have filed a formal complaint with FDIC for PNC’s total failure to provide me with evidence ***** compliance with whatever PNC did to set a “dispute”.

A bank dispute is the process through which a cardholder rejects fraudulent or inaccurate charges on their credit card statement with their issuing bank. This is also known as a chargeback.

One ***** the most common reasons a cardholder may request a chargeback is the identification ***** fraudulent or unauthorized transactions on their account. Any evidence ***** activity that the cardholder himself did not make or approve a transaction could motivate a bank dispute. In this way, disputes are a means ***** protecting consumers against fraud.

If a cardholder files a bank dispute, the bank should investigate the claim. They will then decide on one ***** the following outcomes:

· The cardholder’s claim is untrue.

· The merchant failed to provide the goods or services promised.

· The merchant failed to implement proper antifraud procedures, allowing a criminal to complete ***** unauthorized purchase.

If the first option is true, then the dispute will be closed. If either ***** the other two options are true, though, the bank will file a chargeback on the customer’s behalf and reverse the transaction. This is not what you do on a wired transaction because there has not been any contact with the recipient bank yet.

So, there are ***** two causes ***** action that may be alleged against PNC: Breach ***** Fiduciary Duties and Gross negligence. There is however another authority under Interactive Bureau Regulations, 12 CFR part 1022 (Regulation V), Sec. 1022.43 Direct Disputes but that isn’t what he referred to and that is required to be Provided to the consumer. He ***** did nothing and is hiding behind a false “Dispute”.

The seven banks that own the payments network Zelle are preparing a major rule change…
Zelle Fraud Victims Are in Line to Receive Reimbursements
November 28, 2022
The seven banks that own the payments network Zelle are preparing a major rule change early next year that will require the network’s member banks to compensate customers who fall victim to certain kinds ***** scams, according to two people familiar with the plans.
The shift would reverse the network’s current policy, which typically sticks customers with the losses on any Zelle transactions that the customers physically initiated themselves — even if they were tricked into sending their cash to a thief. A growing number ***** scams using Zelle has angered lawmakers and regulators, who have pressured banks to better protect — or indemnify — their customers.
Many details ***** the new policy are still being worked out, said the people, who requested anonymity to describe private discussions. The approach would, for the first time, require banks to assume liability for certain transactions made on the Zelle network. The plan was reported earlier by The Wall Street Journal.
Zelle has become the nation’s most popular peer-to-peer payments platform; last year, customers used it for 1.8 billion cash transfers totaling $490 billion. The network lets customers move money instantly to others across any ***** Zelle’s 1,700 member banks and credit unions.
That speed is the network’s biggest selling point but also its biggest vulnerability: Under the network’s current rules, all payments are irrevocable once made. That means that even when a transaction turns out to be fraudulent, neither the customer who sent the money nor the customer’s bank has any recourse for retrieving it.
The issue was thrust into the spotlight this year after a New York Times investigation found that scammers, often posing as bank representatives, were using a sophisticated combination ***** technical trickery and psychological manipulation to defraud customers. Victims frequently lost hundreds, or even thousands, ***** dollars in just minutes.
Under the planned rules, if the banks determined that a customer ***** been deceived into sending money, the recipient bank — the one holding the thief’s bank account — would be responsible for returning the money to the victim’s bank. That bank would then refund its defrauded customer.
The change would apply only to frauds in which a customer was misled — by, for example, someone posing as a bank employee — into sending cash that they did not otherwise intend to transfer. It would not apply to other common frauds, like romance scams or sellers advertising false goods for sale, like purebred puppies or concert tickets.
Thieves typically yank their stolen money out ***** the bank accounts very quickly, before the bank has time to freeze the funds. That means banks will often be on the hook for repaying customers, the people familiar with the plan said — a move that could prompt some ***** Zelle’s members to leave the network.
A representative ***** Early Warning Services, the Scottsdale, Ariz., company that operates the Zelle network, declined to comment on the planned changes. “Part ***** our work includes collaborating with our financial institution participants to evolve and enhance our network-wide rules,” the company said in a written statement.
Senator Elizabeth Warren heard testimony at the September session.Credit…Gabriela Bhaskar for The New York Times
Early Warning Services is owned by Bank ***** America, Capital One, JPMorgan Chase, PNC, Truist, U.S. Bank and Wells Fargo. Those banks agreed in recent weeks to make the policy change, the people with knowledge ***** the plan said. It is expected to take effect early next year.
While the banks work on the voluntary change, the Consumer Financial Protection Bureau, one ***** their major regulators, is considering issuing guidance that could require banks to bear more liability for their customers’ losses on fraudulent peer-to-peer transactions.
“Fraud and scams are a growing problem on peer-to-peer payment apps,” a spokesman for the bureau said. “The C.F.*****.B. will look closely at the changes any platform proposes to combat this pervasive issue.”
Senator Elizabeth Warren, a Massachusetts Democrat on the Senate Banking Committee, turned the issue into a crusade. At a hearing in September, she blasted the chief executives ***** several large banks for taking a hands-off approach to what she called “alarming” theft levels on Zelle: “When someone is defrauded, you claim that’s the customer’s problem.”
A handful ***** banks ***** already quietly decided to reimburse their customers for certain losses. JPMorgan Chase, for example, said in a letter to senators shortly after the hearing that it reimburses victims ***** one prevalent attack, known as the “me-to-me” scam, in which someone posing as a bank official directs a customer to send cash through Zelle to his or her own email address or phone number. Without the customer’s knowledge, the thief has intercepted the victim’s email or phone and attached it, using Zelle, to the thief’s own bank account.
Bank ***** America has also been refunding customers for “me-to-me” fraud cases, a bank spokesman said.

Submitted by: Anonymous in Texas | Read more PNC Bank complaints


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