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Capital One Bank holding money that was taken fraudulently

Posted on 11/20/20 at 8:12 am
Posted by Grassy1
Member since Oct 2009
6256 posts
Posted on 11/20/20 at 8:12 am
I really hate to bring this up, but I really need some advice.

A person very close to me was harassed and intimidated over the phone. This elderly person was convinced that if she didn't liquify her funds that day and deposit them into "their" Capital One account that she would go to jail, etc. This happened 2 weeks ago.

She did tell me about it the night that this happened (about 2 hours after the deposit.). I called Cap One and insisted that they hear my story. I gave them the account number, transaction number, exact amounts, time etc. Supposedly they did lock down this money in this account. We're talking less than 100k, but not much less. The funds were liquidated in the form of cashier's checks.

Cap One is resistant to talk to me, or her, since the incident does not involve "our account." Cap One seems to want my her bank (Chase) to communicate with them, but Chase refuses to, stating that she legally withdrew the funds so there's nothing they can do. (Chase will certainly lose my two accounts when I'm done with this, as well as hers, fwiw.)

Calls to Cap One only result in telling the story again multiple times and sitting on hold with no predicted outcome or timetable, or seemingly any help at all.

BRPD was called and responded that night. We have supplied CapOne with the police report, all transaction receipts, and her written story. They vaguely admit that the money is still locked down.

I tried the FBI, it's like calling Chase, with the result being "Hold times are unacceptable at this time, please try FBI.tip.gov."

Maybe DA Hillar Moore? Attorney that has bank connections? Suggestions?
This post was edited on 11/20/20 at 8:15 am
Posted by cgrand
HAMMOND
Member since Oct 2009
38781 posts
Posted on 11/20/20 at 8:14 am to
yes contact the DA.
he is extremely responsive
Posted by METAL
Member since Nov 2020
1038 posts
Posted on 11/20/20 at 8:17 am to
(no message)
This post was edited on 11/20/20 at 8:23 am
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 11/20/20 at 8:29 am to
Your explanation is a little confusing to me.

Let me paraphrase what I think your situation is:

Your friend withdrew money from her Chase Bank account by having the bank issue cashier's checks to her. The account is in her name and your name is not on the account.

Your friend went to Capital One Bank and deposited the cashier's checks to an account at Cap One as per the instructions the scammers gave her.

Capital One has put a hold ("lock down"???) on the funds in the account at Capital One.

You're trying to get the funds back that your friend deposited at Capital One Bank but Capital One won't talk to you about it.

If all of that accurately describes your situation, then your best route to getting the money back is via the EBR District Attorney's office. Since your are not the owner of either account (Chase or Capital One Bank) and you were not directly involved with the transactions, you will likely need to have your friend make contact with the DA. You can accompany her, of course, but she is the victim of the scam, not you.
This post was edited on 11/20/20 at 10:28 am
Posted by HoldenOversoul
South Carolina
Member since Oct 2012
508 posts
Posted on 11/20/20 at 8:46 am to
I wouldn't call the local police or sheriff. They typically aren't very well equipped to handle that kind of thing. I would try the state bureau of investigation (or your state's equivalent), FBI, or possibly the secret service, although they're typically dealing more with counterfeits than outright fraud.

If that doesn't produce a good lead, it might be worth your while to reach out to national adult protective services. I would imagine they are very familiar with this type of thing and could provide some good advice.
Posted by castorinho
13623 posts
Member since Nov 2010
82030 posts
Posted on 11/20/20 at 8:55 am to
Follow what Russian had said
quote:

This elderly person
quote:

scammer
how do people like this live with themselves?

I can "appreciate" a clever scam. But this is just fricked up on so many levels.
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 11/20/20 at 8:56 am to
quote:

Maybe DA Hillar Moore?


Also, try the A.G.'s office. I knew someone who once worked there and it's kind of a hit or miss depending on who gets assigned. But, if this is a widespread scam where they are calling old people to scam them out of their money it's probably not limited to Baton Rouge and it might be something that the A.G. will get involved with IF you get the right person.

If the woman looks sympathetic and y'all are in Baton Rouge, you may want to take her down there so that she can explain the situation (with your help).

Ask around and see if anyone you know has any friends in the A.G.'s office.
This post was edited on 11/20/20 at 9:00 am
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 11/20/20 at 9:19 am to
quote:

Also, try the A.G.'s office.
Good idea.
Posted by cgrand
HAMMOND
Member since Oct 2009
38781 posts
Posted on 11/20/20 at 9:22 am to
Moore, Hillar
Hillar.Moore@ebrda.org
Posted by Grassy1
Member since Oct 2009
6256 posts
Posted on 11/20/20 at 9:37 am to
Thanks all. I spoke a with a gentleman in charge of financial crimes at the DA's office. I'll update.

Yes, Russian, you paraphrased my story well.
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 11/20/20 at 10:25 am to
quote:

I spoke a with a gentleman in charge of financial crimes at the DA's office. I'll update.
Please do let us know what happens. Thanks.
Posted by dirtsandwich
AL
Member since May 2016
5160 posts
Posted on 11/20/20 at 9:11 pm to
I’d file a lawsuit ASAP to make sure the money stays frozen and seeking a court order declaring your friend the rightful owner. And call the DA. But I’d file suit.

Not legal advice.
Posted by Grassy1
Member since Oct 2009
6256 posts
Posted on 2/13/21 at 4:37 pm to
Thanks again for the advice in this thread, and I promised an update.

I contacted the EBR DA's office, who in turn made a call to a BRPD detective.

On the same day, the detective AND a guy from Bank of America called us. I do not know if one call caused the other. EDIT: I meant CapOne guy, not BOA guy.

The detective told us that he had done some digging and found out the $ had been deposited into an account of a very wealthy man, who may or may not was being scammed also. This guy had so much money that he literally wouldn't notice 87k flowing through his account on a given day.

Anywho, it took some effort, but CapOne wanted a hold harmless letter from Chase. It took a little while, but the CapOne guy got in touch with the right person at Chase to help get this done. We had to file FBI report, etc to please Chase, but of course we did.

Beginning of Dec, CapOne guy said everything was complete except the transfer back to Chase. Said this department was way backed up and would take 30-90 days. It took about 40 days. She got it back!!

Please tell anyone who you think could be fooled and intimidated this story.

I'm thankful for all who helped us!
This post was edited on 2/13/21 at 6:07 pm
Posted by castorinho
13623 posts
Member since Nov 2010
82030 posts
Posted on 2/13/21 at 4:52 pm to
Ridiculous that something that obvious took that long, but glad it worked out.

Would be interesting to hear the outcome on the FBI front. But I guess you'll probably never know
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 2/13/21 at 5:00 pm to
quote:

I promised an update.

She got it back!!
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 2/13/21 at 5:26 pm to
quote:

On the same day, the detective AND a guy from Bank of America called us.
Since the two banks involved were Capital One Bank and Chase Bank, do you know why BoA was calling you about the situation?
Posted by Grassy1
Member since Oct 2009
6256 posts
Posted on 2/13/21 at 5:56 pm to
They were calling us because they were in possession of the funds, and we were calling/emailing them every few days.

Chase was zero help. We asked them repeatedly to communicate with CapOne on her behalf, and they said they had zero reason to help. She has already begun moving her funds to a local bank. I have already moved mine as well.
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 2/13/21 at 6:04 pm to
quote:

They were calling us because they were in possession of the funds, and we were calling/emailing them every few days.

I must be having a senior moment because as I understand what the situation was your friend had a cashier's check drawn against funds in Chase Bank and deposited the check into an account at Capital One Bank and Capital Bank put a hold on the funds while you helped your friend get the money back to her.

So how did Bank of America come to be "in possession of the funds"??

It's not really important and I apologize for being so dense. I'm just curious how BoA got involved?
Posted by Grassy1
Member since Oct 2009
6256 posts
Posted on 2/13/21 at 6:06 pm to
I completely apologize. I certainly meant CapitolOne, not BOA.

I'll go back and edit to avoid further confusion.
Posted by supadave3
Houston, TX
Member since Dec 2005
30258 posts
Posted on 2/13/21 at 6:36 pm to
Anyone that preys upon the elderly should be shot.

Such a spineless, despicable, and morally bankrupt act.

Good luck and I truly hope you’re able to get this successful resolved.
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