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Naomi Wolf

Naomi Wolf

Posted: August 25, 2010 07:49 PM

Well, just when I thought my 'Banks Siding Against the Customer in Bank Fraud' story couldn't get any more shocking -- it did. I had assumed that when I posted the account this week of how WaMu and now Chase were apparently systematically stonewalling customers -- myself included -- who had experienced bank fraud, I might hear from a handful of other consumers. I had hoped thus to see if, indeed, as the insider emails that were handed to me by accident by a WaMu official seem to indicate, this practice is systemic, deliberate and driven -- as actuary (and bank fraud victim) Geoff Kischuk pointed out to me -- by a great deal of profit...for the banks.

I was unprepared, however, for the sheer volume of the stories that readers across America have sent me detailing experiences in which banks collude with fraud, cover it up, protect the identity of the scammer, even from police, or even manipulate customers' bank accounts themselves. These cover-ups are indeed systemic, highly profitable for the banks, and getting worse.

The stories are heart-wrenching: fraud, and banks' collusion with it, ruining young people's credit at twenty-one -- no matter how many efforts they make to clear the record; bed-bound, frail elderly being harassed by banks to pay for fraud the banks know has been perpetrated by scammers; and small businesses finding, as actually Geoff Kischuk himself did, that forty, fifty or sixty thousand dollars have vanished electronically from their business accounts -- and that they must then fight tooth and nail simply to close the accounts, even as fees rack up.

I had thought I was alone in experiencing a bank -- WaMu, and now Chase -- that refused to release video of the one writing forged checks on my account, to the police. When I was handed the inside emails by accident, I saw that their fraud department had actually made note of the person's appearance -- one that confirmed details I had given to the police -- even as they were telling the police the video did not exist! But to my horror I heard from several other consumers that their banks had done the same thing, even in the face of a police investigation.

I had thought I was alone in having a bank that kept passing fraudulent checks even after I had placed a fraud alert on the account -- but several other consumers wrote in confirming that not only had a bank employee opened false accounts in a relative's name -- but after they had called the bank on it, the bank kept clearing their stolen checks!

Well, I certainly now felt less alone -- but far more outraged and alarmed, on behalf of all of us, especially those most economically vulnerable; for the big picture, put together, looks far, far uglier than even my own disturbing experience had prepared me to see.

There now appears to be a major business of banks profiting to the point of colluding with fraud (bank fraud and identity theft is over a billion-and-a-half dollar "business" every year); this is made even more alarming because it is so insidious -- many banks now manipulate customers' withdrawals in time sequence and give customers a misleading balance figure that does not show their recent withdrawals. Thus, in both ways, the bank can and does hit the customer with far more overdraft fees. This is not a mini-industry, as I reported earlier this week; I now see this is a mega-industry.

'Go green!' urges your bank. But an IT expert wrote me warning that I should let people know that they should not use Windows to do online banking unless they are very computer-savvy: "Banks and mutual funds encourage you to do your finances online because it benefits them but it puts your account at risk," he cautioned. He directed me to this Washington Post investigation. "This terrifying link explains technologically what happened to Kischuk, to me and so many others: hackers can easily wipe out tens of thousands of dollars from your account, and even cover their tracks; and, since the banks are making so much money from this and other forms of fraud, it is not in their interest to alert you to how easily this is done, once you are banking online."

Many others who wrote to me have also been charged by their banks for the fraud that the banks know was committed against them. 'Economike' encountered fraud -- and his bank charged him the legal fees incurred, as well as hundreds of dollars for the fake duplicate ATM card involved. 'Indyfem' writes that "A few years ago...someone stole my checkbook from WaMu and wrote a check to themselves for $500." She notes that the signature looked nothing like hers, and where the amount was supposed to be written in ('Five hundred and no/100 dollars') the forger wrote 'Basketball.' B UT WAMU cashed the check and then refused to reimburse her. 'Peacein09' notes that Chase is now giving him problems in this regard; and indeed, a whole website, Chasesucks.org, has arisen to detail Chase's mistreatment of customers in these and comparable ways, and to warn them of new scams. 'Jerrygates' writes that "WaMu and JPMorganChase have destroyed my confidence in banking...permanently." He adds,"I do corroborate her [that is, my] citation as sound and truthful. I have been there." 'Peacekitten' had to fight for years to get back the "thousands and thousands over a period of years" wiped out from her account at Wells Fargo.

I thought I was the only one who had ever had to fight to close a corrupted account -- but many other consumers had had the same experience. 'TNLcaller' also found that "my bank wouldn't let me close the account" after fraud had been identified. Another reader wrote to me that when she tried to close an account with twenty dollars in it at CitiBank, "they fought me tooth and nail to NOT CLOSE the account..." 'Davmyy' wrote that a Wells Fargo (notice any recurrent names, everyone?) banker whom his son knew opened two accounts in his son's name without his son's permission, committed fraud, and his son not only got no action from the bank regarding the fraud, which they were not contesting, but later saw the same employee in a new position in another branch!

This to me, in a sense, is the most chilling of the accounts I received, since it dovetails with my own otherwise-inexplicable experience of the bank actively protecting their own employees at WaMu who had kept cashing forged checks on my account for months after I had alerted the bank to the fraud. It may explain the weirdly relaxed tone of "sure, we know that someone messed with this customer's account, whatever, have a nice weekend" in the insider WaMu emails I received and that Chase is now trying to shrug off. It is stories like this that illustrate the nature of corruption and how it spreads within an organization; you start with passively benefiting from others' wrongdoing -- but if the money is good enough, you develop subtle systems that slowly let you collude more actively in the wrongdoing, the profit, and...the cover-up.

Could it be that policy-approved 'passive' stealing or proxy stealing -- by enabling fraud to continue, and encouraging customers to switch to an easily hacked bank medium without warning them -- is so systemic that banks have, consciously or not, developed a culture of protecting actual thieves in their ranks -- thieves who might blow the whistle on all these practices, if called out?

A secondary but still major issue I discovered through readers' alerts -- that of people's accounts being manipulated by the banks themselves to raise their level of overdraft fees -- is so prevalent that that legal firm Zimmerman Reed devotes a whole part of its practice to it now. According to their website, banks are routinely reordering your charges on ATM or debit cards so that the largest comes first, even if you made it last: that is, if you have a hundred dollars in your account, and make purchases of ten, fifteen, thirty, fifty and ninety dollars, the bank will switch the order so that instead of facing one $40 overdraft fee, you face four.

'Iric' writes that Chase gave him a balance showing an amount that left out his withdrawals made many days before; he reasonably enough believed the money was there; then they processed the withdrawals, out of order, hitting him for fees. 'Thmsnnn' wrote that "I have had similar experiences with delayed credit posts to my account"; this customer has been charged hundreds if not thousands in extra fees in the course of five years. 'Trgrampictures' notes that "Wachovia systematically holds deposited checks for up to fourteen days" and that "B of A delays and then accelerates transactions that result in overdraft fees....Wachovia intentionally holds checks too in an effort to initiate overdraft fees."

Others note that they have not been able to get their banks to show them the rates on their accounts. 'Harry Wallace' notes that banks can increase mortgage payments by a few dollars on the anniversary date, but that banks are stealthily raising mortgage payments by twenty or thirty dollars several times a year; he notes that when one makes payments on the principle of a mortgages, it may not be recorded. "And the bank won't show records unless you are in court." 'Joe Dex' notes that every time you put in to modify a loan, the bank gets $500 -- which explains why banks ask you to resubmit the application four or five times. And so on.

Other readers astutely point out something I can confirm in my recent visit to Europe: pretty much every EU bank customer now uses an ATM card with a chip, PIN number and photograph that make it almost impossible for a third party to misuse it (indeed US bank debit cards, without those security systems built in, are not accepted in many places in Europe for that reason, even if it is drawn on a global bank with local branches). Why do we not have access to such secure debit cards here? Why indeed: look to the bank lobby, that influences our legislation in a way it cannot in Europe. Banks in Europe lose, along with the customer, when there is fraud; banks here? It's a billion plus dollar party annually, and the banks have invited themselves.

It will take quick action to prevent this situation from worsening, especially as banks are now frantically working to skirt new regulations put into place over the past year and a half. Consider potential legislation in Oregon, proposed by the Oregon Bankers Association last session and sent by an industry insider, that would have given fraudulent powers of attorney the benefit of the doubt in fraud claims unless the customer -- rather than the bank -- could prove fraud had occurred. Needless to say, this is a near impossible task for average consumers. Surely Oregon isn't the only state where banks have similar ideas (a similar policy also exists in California, per CA probad code Sec. 4303, which allows third parties to rely on anything that appears to be notarized -- an easily forged act).

We are up against powerful interests; but just as powerful is knowing the aggregate of all these stories. As awful as it is to learn the truth about the big picture, it is good to warn others -- and best of all to know that none of us is alone.

 
 
 
 
 
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11:38 PM on 10/18/2010
May I ask why there aren't hundreds of class action lawsuits being initiated against these crooks? I'm so outraged reading these accounts that I will be permanently removing my money from mainstream banks and instead deposit in a local credit union. I watched your documentary today, The End of America. It just reinforced for me the disgust and contempt I have come to feel for the perpatrators of these greed driven scams meant to further abuse and misuse the average citizen. I've so often wondered if the crooks ever think twice about their actions, if they ever remember living a normal life not intended with the goal of stealing from their neighbor. The banking system is set up to bleed money up and trickle down nothing more than a bigger share for each of us to bear the increased burden. I'd like to know if our citizenry will ever wake up to the fraud and encroachment of our rights that is taking place continuously against us? What more can we continue to accept before we break from the burden???
04:42 PM on 09/16/2010
Someone using false I.D. walked into a Chase Branch in New York and took $3,400 out of my account. I live in Illinois. The bank caught the fraud when they tried to do the exact same withdraw at a different branch. The bank alerted me to the fraud.

I filed a claim as the bank asked, and one week later the claim is denied. Chase Bank's fraud division says that since the theif had multiple I.D.'s (even though they were fake, and this occurred in N.Y. and I live in Illinois), that they are not responsible.
07:40 AM on 09/06/2010
Of course it is systemic. I see nothing but abuse and fraud throughout the entire financial sector. I don't know anyone who think it is all well and good.
08:36 AM on 09/05/2010
There are other ways that banks collude. When your credit card has been stolen (and before it is reported) then used by the thieves at merchant points of sale (retailers, airlines, hotels, hospitals, etc.), the credit card companies (Visa, MC in particular) do nothing to catch and prosecute the perpetrators because the banks are insured against this and the credit card companies do not want to rock the boat with their biggest merchants. The merchants support this 'do-nothing' strategy because it goes straight to their bottom line, generating billions in fraudulent revenues each year. Fraudulent credit card transactions are a significant component of overall credit/debit card spend. Try to get your money back from the bank when your debit card is stolen! The banks, the insurers and the merchants all collude in this massive fraud.
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Angela Lund
09:14 PM on 09/03/2010
A couple of years ago, when I asked my banks--Alliance and HSBC--about the change in the way they "order" withdrawals from my checking account, first they said, "Well, it's been like that for a while..." Then they said, "The FDIC REQUIRES us to do that." Because I heard it from BOTH banks, I unfortunately believed it to be true. In the worst situation, here's what happened: I had deposited a $2000 money order that was issued at that same bank. Believing it to be like "cash," (my mistake) and even checking "cash" on the deposit slip, I wrote out checks and made purchases, including one for $500. I found out when my account was overdrawn that although it was a money order issued by that same bank, it was treated as a check, and would be held for 3-5 business days. So roughly 10 transactions--which they reordered from largest to smallest--were paid, and I was charged a $35 NSF fee for each. Since the balance before the $2000 deposit was less than $500, and the $500 check went through first, I was charged for every single transaction, totaling over $300 in fees. If the withdrawals had not been reordered, I would have been charged only for the $500 check, just $35, because there was enough available to cover everything else. Can you imagine how much money they make doing this?? Mind-boggling. I hate my bank. Greedy bastards.
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Badfinger1
...reconstruction has failed...
01:47 PM on 09/03/2010
...As much as possible...Deal in cash. The banks have lost all respect for it's customers...
The payroll (and all accounts)for my company are through Citizens Bank. I do not have an account there,so they charge me $5 when I cash my check there.....They do not honor a check drawn from their own bank...Hmmm..But they do have rather large and expensive glass windows...
12:12 PM on 09/03/2010
yes it is the banking system that allowed for unchecked credit and allowed America to become so insolvent that we are technically in bankruptcy. They gave out student loans like candy. People are drowning in the student loan dept of 20 years ago and no way to clear it.
10:59 AM on 09/03/2010
i just found a $100 cash advance on my credit card (i have NEVER taken cash out on my chase credit card) so i went to the branch to see what was going on. a) they couldn't tell me where the money came from (even with an ATM identifier, no clue) and b) they didn't want to help me figure out anything. so i'm reporting it as fraud, cancelling my chase card, and cancelling all of my chase account. i mentioned this series of posts to the banker and told her it's common knowledge that banks don't want to deal with fraud. what can we do??
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ImperiumServorum
Laudamus Rex Pygmaeorum
10:49 AM on 08/29/2010
Banks have been fraudulent and pernicious since the beginning of modern banking. They learned that they could loan out gold receipts to their customers, and then they ate of the fruit and realized that they could hand out more gold receipts than they actually had gold on hand. So began fractional reserve banking.

You are dealing with an institution that, however profitable, is intrinsically and automatically bankrupt. It always loans out more money than it has on hand. If you loan out $17,000 but only have $500 in deposits, all that is necessary for your demise is a significant portion of your customers showing up to get their money. (Those numbers represent the ratio of the banks that have collapsed so far, about 33 or 34:1.) Now, how can you expect an honest relationship with an institution that is, eo ipso, defunct and bankrupt?

And then the Government! Ha, the Government enacts legislation in the 19th Century to the effect that your bank deposit is not given to the bank so the bank can hold on to it safely for you; but rather, the Government says, the deposit represents a loan to the bank and that the bank can do with your money as it pleases. Alas, this has been a common drawback of fungible assets, from grain to greenbacks.

Sorry for your misfortune, but to deal with the devil is to play with fire. Especially if the devil is a teetering bank.
11:38 AM on 08/27/2010
Banks self-dealing super charged the crisis--

Over the last two years of the housing bubble, Wall Street bankers perpetrated one of the greatest episodes of self-dealing in financial history.

Faced with increasing difficulty in selling the mortgage-backed securities that had been among their most lucrative products, the banks hit on a solution that preserved their quarterly earnings and huge bonuses:

They created fake demand.

A ProPublica analysis shows for the first time the extent to which banks -- primarily Merrill Lynch, but also Citigroup, UBS and others -- bought their own products and cranked up an assembly line that otherwise should have flagged.

The products they were buying and selling were at the heart of the 2008 meltdown -- collections of mortgage bonds known as collateralized debt obligations, or CDOs.

As the housing boom began to slow in mid-2006, investors became skittish about the riskier parts of those investments. So the banks created -- and ultimately provided most of the money for -- new CDOs. Those new CDOs bought the hard-to-sell pieces of the original CDOs. The result was a daisy chain [1] that solved one problem but created another: Each new CDO had its own risky pieces. Banks created yet other CDOs to buy those.

http://www.propublica.org/article/banks-self-dealing-super-charged-financial-crisis
11:36 AM on 08/27/2010
STARVE the Banking Beast!!

Move your money to a solid local credit union and let's all put an end to the endless abuse of the Banking Cartel!!
11:31 AM on 08/27/2010
Out of all the DRIVEL out of Ben's mouth today---- WHY was there not one word on the massive, massive FRAUD and THEFT going on?!?!

He makes it all sound like a act of God, when this was entirely the biggest man-made disaster ever known and goes up the chain as far as the eye can see!!

EXPLAIN THE FRAUD, BEN, and the complicity and collusion of the SEC, FDIC, Ratings Agencies, FTC, etc!!

We need answers
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05:48 PM on 08/27/2010
The Financial Crisis Inquiry Commission report is due December 15, 2010.

That will be all the answers we'll get.

What is needed is another "Pecora Comissions" under William K. Black:

http://www.youtube.com/watch?v=3-HTylLzXu8
YouTube - Bill Black's eye-popping opening statement at House FinServ hearing on Lehman Bros. failure
09:21 AM on 08/27/2010
I don't belive most of these stories. They exaggerate their experiences in their favor (ie two sides to a story) after going about things the wrong way:

Right Way - "What is the procedure for closing an account with a small balance?"

Wrong Way - "I AM SUING EVERYONE IN THIS BRANCH, YOU PEOPLE ARE STEALING MY MONEY, IT'S ALL FRAUD YOU CRMINALS, I'M GOING TO GET YOU."

I am certain most of the stories above were people who did not behave in a reasonable manner and shot first ask questions later (ie putting the bank in "lawyered up" mode instead of resolving things normally).

I'll bet 99% of the horror stories are a result of our litigious society and ability to sue anyone for anything, causing headaches to innocent people and businesses.
07:24 PM on 08/31/2010
You seem to be suggesting that if we are nicer to psychopathic crooks, aka bankers, they would not steal from us. We wouldn't be angry in the first place if we were not victims of crime committed by our trusted banks
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Angela Lund
09:25 PM on 09/03/2010
Come on now. You would insult nearly everyone who says they have had a bad experience with a banking institution? You actually believe that the bankers are all on the "up and up" but that there is this enormous army of crazies who just want to throw lawsuits around? People want to be able to TRUST the people who handle their money. They don't want to have to worry about being robbed and having no recourse! When they realize their bank can't be trusted, and/or are not really working for THEM, they are angry, and rightfully so. Do you, by any chance, work in the banking industry, Paul?
02:00 AM on 08/27/2010
All the more reason to push the Move Your Money Movement.
I was looking for a link to it on HuffPost but couldn't find one. I wish it were a tab at the top. I think it's extremely important that people learn that they can change to small banks with confidence. Moving our money is the only form of protest we have, and the only way to avoid being victimized by big banks.

see moveyourmoney.info
09:34 PM on 08/26/2010
Dear VOTINGTHISTIME...THANK YOU SO HERE GOES... we must be well informed not just what Joe said get you information from verious sources, some where in the middle are smiggens of reality.. than form thought our opinions, not the stuff that is gabbed about. take this knowledge and combine it with others who have done the same..use this for your basis on ccommentries and for confronting who ever and then don't back down... CALL YOU ELECTED officials without having to look up there number so aften ther person ansering the phone recognises you voice and speak to them in the tone that they are your employees, which they are. and be firm!!! YOU are their boss. remember they are public servents. don't let them treat you like you owe them, they owe you not only fro a job, they owe you, they were highered to look out for YOUR best interests. and remember it is the top 2-5% that think they are in the drivers seat, that leaves how many more of use??? and you let them these top percent can't take care of themselves we supply their needs and if we don't what would happen to them,,QUITE ENABLING THEM take away their support system and see whaat happens... but that requires on our part taking a risk, the question is do we have the guts to do it.. nothing ventured nothing gained and what do we have to loose the viking