On September 30, my wife's wallet was stolen. The thieves went to a bank branch, and, by making a small deposit, got a teller to give them our checking account number. Which they then used to cash an OTC check and get a cashier's check. Story in this earlier post. Needless to say, we opened new accounts and closed the affected account

Two weeks later, the thieves went into another branch and pulled the same scam, and the teller gave them our new checking account number(!!). They then got two OTC checks from that branch, cashed one there for $4,000 then went to another branch and cashed another one for $4,000.

The bank has made good on all losses.

However, the fraud department and the folks at the branch are totally at a loss as to how to prevent this from happening again. I suggested annotating the account, prohibiting OTC checks, prohibiting teller transactions unless both of us are there with ID, and prohibiting teller transactions altogether. They rejected all of these, and had no alternative suggestions.

Thus, I have been effectively forced to open an account in my name only for our banking. But now we have no place to direct deposit my wife's paycheck into, not to mention the tremendous inconvenience of her not having an ATM/debit card.

Needless to say, I do not believe that properly protecting out account is impossible, and I would like to escalate this into the bank's hierarchy until I get to someone that will resolve this issue. Can anyone help with some advice on this issue?

have you thought of changing banks? if they are not willing to work with you, then go elsewhere. unless the theives know where you changed to, this should eliminate the problems.

I have to say I agree with Happy. They know they can keep going to your existing bank and pull this scam with your wifes name. Have her go to another bank (if you still want to retain your current relationship with your bank) and open an account in her name. She can have her pay direct deposited into the new banks account.

By all means escalate it. Send a letter to the bank's president. Most bank computer systems I've seen have a method to put a "note" on the account stating what the problem is and to put a "hold" on the account that would require a supervisor to approve the transaction.

Banks must have written procedures in place to safeguard your information and to respond to incidents of identity theft. Your bank's procedures seem inadequate to continue to safeguard your information and funds given that they are now aware of it and cannot stop it from happening except by curtailing service to you. If you complain to the bank president, my bet is that you will get the desired result, but I don't know how soon. You also will be doing the bank a favor by bringing their attention to this weakness in their procedures.

That said, if it were me, I'd take the easy road and do what happygilmore advised above - just change banks.

The poster shouldn't have to change banks but if it's so easy to scam this bank out of an account number and funds....maybe it's just the best thing to do.

I'm surprised that they couldn't come up with better controls verifying the identity of the person standing before them and then allowing them to get cash. Talk about easy scam!

This is the kind of fraud that the FACT Act was designed for! If you have filed all the proper police reports, FTC Affidavits, Credit Bureau Notifications, your bank is required to have the ability to flag your account with a Fraud Alert and devise a means to properly identify you when you want to perform transactions and conversly reject anyone trying to fraudulently perform transactions.

If they have been scammed over and over on the same account, they have bigger problems.

Run - don't walk - away.

If you really want to get the banks attention, ask who their primary regulator is and how you can get in touch with them. Your privacy has been violated and the bank was a key player in the fraud. Send the story, and be very specific, names, dates, etc. to the regulator. The bank is required to file a response. They could also face a fine for violating FACT and Privacy.

Include a copy of your complaint to the local paper, leaving out your account numbers. Once the paper calls to get the bank side of the story, they'll act.

We are making assumptions here that someone accessed the account without proper documentation, and that the bank gave out in violation of FACT and privacy acts. It is extremely possible that a fake ID is involved, showing the customers name and address with the fraudulent persons picture. In this situation, it would be difficult to prove a FACT or Privacy violation, even though fraudulent activity was taking place.

God, Happy, do always have to be so logical?!

Every system I have seen also has the capability for Notes/Alerts. If the bank puts an alert, you would think if the person comes back in they could delay her and contact the police.

If you could get the bank to pull their heads out of their collective behinds, you could ask them to put a note on your account asking for a password. But it seems like your bank is not willing to work with you on this, so i would say move all your business to a new bank and relate your story to them and ask for the password to be put on your new accounts.

Our bank allows for non-account holds to make deposits to other accounts. If the customer is unable to produce the account number (the teller has to research the number) the the deposit is accepted, yet the receipt is then mailed to the address on the system; thus not disclosing the account number. As well, your bank should have enabled an alert message on their system. Also, threating the bank's president that you may write to the editor of your local paper is a good idea. Banks hate to loose their reputation.

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If you really want to get the banks attention, ask who their primary regulator is and how you can get in touch with them. Your privacy has been violated and the bank was a key player in the fraud. Send the story, and be very specific, names, dates, etc. to the regulator. The bank is required to file a response.

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that was good advice!

I may not know what I am talking about BUT could this gentleman pose the following questions to the bank?
A) A copy front and back of the check showing date, time, and teller number this (these) transaction (s) took place.
B) Most banks have cameras. Can he not request to see that portion of the tape? I would think if a FAKE ID was involved, you would see if they did indeed pull out an ID and/or who cashed the check both on the teller line and the individual.

I am not sure what the bank's legalities on letting a customer view a tape but I think that I personally would be leary if they were hestitant in NOT letting me see.

Just my two cents worth.

BettyBoop, we can't show our tape to the customer upon their request. It can violate another customer's privacy. However, if the local law enforsement has legal papers asking to see it, we can release it to them.

Even if you have a system that is so antiquated that you can't have alert messages, there is always the low tech sticky note. The tellers should be aware and watching this account for strange activity. I would get out of the bank ASAP before they decide the next mistake is your fault and don't refund the cash.

Thank you Raiderette. I wasn't sure. I guess the tapes show more than just that individual teller.

Raiderette, showing a video to a customer does not violate anyone's privacy, unless your video is so good that you can read the teller screens on a transaction. Showing this does not disclose any information concerning your customer or his account.

what happens if I stand in your parking lot and watch the customers come in and out of the bank? This is possibly the most bizarre statement on privacy I have ever heard.

I agree with happygilmore regarding showing the videotapes to a customer in this case. Regulation P (Privacy of Consumer Financial Information) and the Interagency Guidelines on Safeguarding Customer Information would not prohibit the showing of a videotape to a customer in the situation described.

Well, it is against our bank policy to hand over a tape because the customer requested it. If there was a police report, the situation would change.

Could they not view a portion of the tape that pertains to their business in a bank facility? I don't mean to hand the tape to them.

There have been some instances where a theft has taken place and the suspects were known to the customers. The only ones who could identify them would be our customer. In that situation, I've had my customers come in and we would review tape together (just the portion of the transaction).

I personally don't see how seeing other customers in the building is a violation of privacy. I mean, if you walked into the bank at the same time as another customer, you're not violating privacy. By seeing a person you're not getting any "private" information that could be detrimental to the other customer.

Sorry, I don't see the logic on that one.

But no, I wouldn't hand over the tape to anyone except law enforcement.