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Posts Tagged ‘BANK OF AMERICA’

DEFEATING CORPORATE PREDATORS WITH “WHO/WHOM?”

In Bureaucracy, Business, Law, Law Enforcement, Self-Help, Social commentary on January 6, 2025 at 12:06 am

It’s easy to be intimidated by a large corporation—such as a bank or phone company—when you’ve been ripped off. After all, it’s well-known, has millions of dollars, and legions of attorneys.     

But when that happens, it’s essential to remember two words: Who/Whom?

Translation: Who can do What to Whom?  

When you’re dealing with people whose greed is equaled only by their arrogance, there is only one way to prevail: You need to make them afraid of you.

And that can be achieved only by finding someone—or some agency—they fear, and turning them into your ally.

A friend of mine—Lynn—tried to order a calendar from an online calendar company. She put in the required information—including her debit card number—but kept getting “Error” messages.

Eventually she quit trying.

Lynn never got the calendar—but she wound up with four separate charges to her debit card, totaling $71.32.

She tried to get a refund from the company—which claimed they couldn’t find the charges.

Meanwhile, Lynn’s bank had in fact confirmed the charges—since the money had been taken from her account. And the bank—Bank of America—promised to remove the charges within 72 hours.

Three days came and went—and no reimbursement had been made to her account. 

Bank of America Corporate Center.jpg

Bank of America Corporate Center

So Lynn called BofA again—and was told it would take about 45 days to run “an investigation” into her loss.

Luckily, an investigator-friend of hers advised her to file a complaint with the Federal Consumer Financial Protection Bureau (CFPB). It can be reached at https://www.consumerfinance.gov/ 

According to its website, the agency operates as follows: 

  • “We create clear rules to implement the law and preserve choices for consumers.”
  • “We enforce federal consumer financial laws by investigating cases of potential wrongdoing and taking action.”
  • “We supervise financial companies to ensure compliance with federal consumer laws.”

So she called the agency—at (855) 411-2372 on a Friday—and waited to see what happened. 

Two days later—a Sunday—she called Bank of America to check her balance. To her surprise, she found that the bank had found a way to reverse the fraudulent charges that had been made to her debit card.

And it had done in far less than 45 days.

Clearly, someone at BofA had gotten the message: This is no woman—or agency—to take lightly.

CFPB seal.png

Then there’s this case: From November, 2011 to February 2012, AT&T demanded that Dave pay for a service the company had failed to provide.

They had promised to supply him with Uverse high-speed Internet—at 25 MBPs a second. Instead, he had gotten only 6 MBPs—and a big dot in the middle of his computer screen while watching YouTube videos. 

Finally, an AT&T rep told him the blunt truth: His geographical area in San Francisco was not yet supplied with the fiber-optic cables that could provide high-speed Internet service. 

Dave canceled Uverse—and began getting a series of bills from AT&T.

After getting a phone call from a collection agency, Dave decided to ask me to intervene on his behalf.

I decided to go directly to the Office of the President of AT&T.

Why? Because the man at the top of an organization cannot fob you off with the excuse: “My hands are tied. I can’t do it.”

He can do anything he wants.

I found the name of the president by a quick search on Google under: “AT&T Corporate Offices.”

And at the top of the heap stood Randall L. Stephenson––Chairman of the Board, CEO and President of AT&T Inc.

Randall L. Stephenson - Wikipedia

Randall L. Stephenson

Robert Scoble, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0&gt;, via Wikimedia Commons

I didn’t expect to speak with Stephenson. One of his chief lieutenants would do nicely—such as a woman I’ll call Margie.

First, I introduced myself and said I was authorized to act on Dave’s behalf. Then I handed the phone to Dave (who was sitting next to me) so he could confirm this. 

After that, I briefly outlined the problems Dave had been having. 

Margie—using Dave’s phone number—quickly accessed the computerized records documenting all I had told her. She said she needed three or four days to fully investigate the matter before getting back to me.

Police long ago learned the “good cop/bad cop” routine usually works wonders. So I decided to apply a variation of this with Margie. 

I said that Dave wanted to resolve this quietly and amicably. But, if necessary, he was prepared to do so through the California Public Utilities Commission (PUC) and the Federal Communications Commission (FCC)—both of which have jurisdiction over AT&T. 

Margie hurriedly said there was no need to conduct an investigation after all. In fact, she added, she was writing a credit to Dave of $150.00 that very minute.

Why had Margie changed her mind?

Just as banks use every excuse to charge their customers for anything they can get away with, so do phone companies. AT&T wouldn’t want the PUC and FCC to start asking: “Is AT&T generally dunning customers for money they don’t owe?”

I had no doubt the answer would have proven to be: “Yes.” 

And I believe that Margie felt the same way. 

DEFEATING CORPORATE PREDATORS WITH “WHO/WHOM?”

In Bureaucracy, Business, Law, Law Enforcement, Self-Help, Social commentary on December 14, 2020 at 12:12 am

It’s easy to be intimidated by a large corporation—such as a bank or phone company—when you’ve been ripped off. After all, it’s well-known, has millions of dollars, and legions of attorneys.

But when that happens, it’s essential to remember two words: Who/Whom?

Translation: Who can do What to Whom

When you’re dealing with people whose greed is equaled only by their arrogance, there is only one way to prevail: You need to make them afraid of you.

And that can be achieved only by finding someone—or some agency—they fear, and turning them into your ally.

A friend of mine—Lynn—tried to order a calendar from an online calendar company. She put in the required information—including her debit card number—but kept getting “Error” messages.

Eventually she quit trying.

Lynn never got the calendar—but she wound up with four separate charges to her debit card, totaling $71.32.

She tried to get a refund from the company—which claimed they couldn’t find the charges.

Meanwhile, Lynn’s bank had in fact confirmed the charges—since the money had been taken from her account. And the bank—Bank of America—promised to remove the charges within 72 hours.

Three days came and went—and no reimbursement had been made to her account. 

Bank of America Corporate Center.jpg

Bank of America Corporate Center

So Lynn called BofA again—and was told it would take about 45 days to run “an investigation” into her loss.

Luckily, an investigator-friend of hers advised her to file a complaint with the Federal Consumer Financial Protection Bureau (CFPB).  It can be reached at https://www.consumerfinance.gov/ 

According to its website, the agency operates as follows: 

  • “We create clear rules to implement the law and preserve choices for consumers.”
  • “We enforce federal consumer financial laws by investigating cases of potential wrongdoing and taking action.”
  • “We supervise financial companies to ensure compliance with federal consumer laws.”

So she called the agency—at (855) 411-2372 on a Friday—and waited to see what happened. 

Two days later—a Sunday—she called Bank of America to check her balance. To her surprise, she found that the bank had found a way to reverse the fraudulent charges that had been made to her debit card.

And it had done in far less than 45 days.

Clearly, someone at BofA had gotten the message: This is no woman—or agency—to take lightly.

CFPB seal.png

Then there’s this case: From November, 2011 to February 2012, AT&T demanded that Dave (not his real name) pay for a service the company had failed to provide.

They had promised to supply him with Uverse high-speed Internet—at 25 MBPs a second. Instead, he had gotten only 6 MBPs—and a big dot in the middle of his computer screen while watching YouTube videos. 

Finally, an AT&T rep told him the blunt truth: His geographical area in San Francisco was not yet supplied with the fiber-optic cables that could provide high-speed Internet service. 

Dave canceled Uverse—and began getting a series of bills from AT&T.

After getting a phone call from a collection agency, Dave decided to ask me to intervene on his behalf.

I decided to go directly to the Office of the President of AT&T.

Why? Because the man at the top of an organization cannot fob you off with the excuse: “My hands are tied. I can’t do it.” He can do anything he wants.

I found the name of the president by a quick search on Google under: “AT&T Corporate Offices.”

And at the top of the heap stood Randall L. Stephenson––Chairman of the Board, CEO and President of AT&T Inc.

Randall L. Stephenson - Wikipedia

Randall L. Stephenson

Robert Scoble, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0&gt;, via Wikimedia Commons

I didn’t expect to speak with Stephenson. One of his chief lieutenants would do nicely—such as a woman I’ll call Margie.

First, I introduced myself and said I was authorized to act on Dave’s behalf. Then I handed the phone to Dave (who was sitting next to me) so he could confirm this. 

After that, I briefly outlined the problems Dave had been having. 

Margie—using Dave’s phone number—quickly accessed the computerized records documenting all I had told her. She said she needed three or four days to fully investigate the matter before getting back to me.

Police long ago learned the “good cop/bad cop” routine usually works wonders. So I decided to apply a variation of this with Margie. 

I said that Dave wanted to resolve this quietly and amicably. But, if necessary, he was prepared to do so through the California Public Utilities Commission (PUC) and the Federal Communications Commission (FCC)—both of which had jurisdiction over AT&T. 

Margie hurriedly said there was no need to conduct an investigation after all. In fact, she added, she was writing a credit to Dave of $150.00 that very minute.

Why had Margie changed her mind?

Just as banks use every excuse to charge their customers for anything they can get away with, so do phone companies. AT&T wouldn’t want the PUC and FCC to start asking: “Is AT&T generally dunning customers for money they don’t owe?”

I had no doubt the answer would have proven to be: “Yes.”

And I believe that Margie felt the same way. 

BANKSTERS AND DRUGGIES

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 16, 2020 at 3:50 am

It’s a scene familiar to anyone who’s seen Scarface, the 1983 classic starring Al Pacino as a Cuban drug dealer who makes it big in the cocaine business.

Scarface - 1983 film.jpg

Tony Montana (Pacino) is holding court in his Florida estate.  His visitor is a WASPish banker.

Bankers as a rule don’t make house calls. But Tony is no ordinary customer—his men literally haul bags full of bills into the bank when making deposits.

Except that now the banker has some unpleasant news for Tony: We’re not a wholesale operation.  We’re a legitimate bank.  The more cash you give me……the harder it is for me to rinse. The fact is I can’t take any more of your money unless I raise the rates on you.” 

Then follows this exchange:

TONY: You gonna raise…

BANKER: I gotta do it.

BANKER: The IRS is coming….

TONY: Don’t give me that shit! Let’s talk. I’m talking. I go low, you go high. I know the game. This is business talk.

BANKER: Let me explain something. The IRS is coming down heavy on South Florida. There was a Time magazine story that didn’t help. There’s a recession. I got stockholders I got to be responsible for.  I got to do it, Tony.

TONY: We’ll go somewhere else.  That’s it.   

BANKER: There’s no place else to go. 

TONY: Fuck you, man! Fuck you! I’ll fly the cash myself to the Bahamas. 

BANKER: Once maybe. Then what? You’ll trust some monkey in a Bahamian bank with millions of your hard-earned dollars? Come on, Tony. Don’t be a schmuck. Who else can you trust? That’s why you pay us what you do. You trust us.

Stay with us. You’re a well-liked customer. You’re in good hands with us.

(At this point, movie audiences burst into laughter.  The line, “You’re in good hands with us” seemed directly lifted from the slogan used by Allstate Insurance: “You’re in good hands with Allstate.”)

Now, fast forward to 2014.

A Reuters news story dated May 21, 2014 noted that investigators from the Federal Securities and Exchange Commission (SEC) were probing Charles Schwab and Bank of America Corporations Merrill Lynch brokerage.

The SEC wants to determine if these brokerages violated anti-money laundering rules that require financial institutions to know their customers.

Broker-dealers are required to establish, document and identify customers and verify their identities in compliance with the Bank Secrecy Act.

In 2012, David Cohen, the U.S. Treasury Undersecretary for Terrorism and Financial Intelligence David Cohen, ordered regulators to guarantee that financial institutions are identifying the true beneficial owners of their accounts.

The reason: Drug cartels and terrorist groups have become highly creative in hiding and transferring their illegal funds.

According to sources close to the investigation, Charles Schwab and Merrill accepted shell companies and persons with phony addresses as clients.

In both cases, some of the accounts were eventually linked to drug cartels.  Some of those accounts held hundreds of thousands of dollars; others held millions.

A Texas rancher and Charles Schwab client transferred money to a holding company that was actually a shell company.

Most of the Schwab clients being investigated lived near the Mexican border. Some were linked to Mexican drug cartels.

Click here: Exclusive: SEC probes Schwab, Merrill, for anti-money laundering violations – sources | Reuters

In December, 2017, the  the Financial Industry Regulatory Authority fined Merrill Lynch $26 million for failing to identify suspicious money-transfer activities in customer accounts for years. 

In fact, the government should have assumed long ago that brokerage companies were engaging in such behavior.

As Niccolo Machiavelli warned in The Discourses, his landmark book on how to preserve freedom within a republic:

All those who have written upon civil institutions demonstrate…that whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it. 

Portrait of Niccolò Machiavelli by Santi di Tito.jpg

Niccolo Machiavelli

If their evil disposition remains concealed for a time, it must be attributed to some unknown reason; and we must assume that it lacked occasion to show itself. 

But time, which has been said to be the father of all truth, does not fail to bring it to light.

Whenever the creating of wealth becomes an end in itself, all other ends are sacrificed to this.

Greed begins in the neurochemistry of the brain. A neurotransmitter called dopamine fuels our greed. The higher the dopamine levels in the brain, the greater the pleasure we experience.

Harvard researcher Hans Breiter has found, via magnetic resonance imaging studies, that the craving for money activates the same regions of the brain as the lust for sex, cocaine or any other pleasure-inducer. 

But snorting the same amount of cocaine, or earning the same sum of money, does not cause dopamine levels to increase. So the pleasure-seeker must increase the amount of stimuli to keep enjoying the euphoria.

Federal investigators need to view large concentrations of wealth as sources for at least potential corruption.

And they should ruthlessly—and routinely—investigate those sources, whether in the vaults of the Mafia or of major financial institutions.

“SCARFACE” AND REAL-LIFE BANKSTERS

In Business, History, Law, Law Enforcement, Social commentary on March 3, 2017 at 10:37 am

It’s a scene familiar to anyone who’s seen Scarface, the 1983 classic starring Al Pacino as a Cuban drug dealer who makes it big in the cocaine business.

Scarface - 1983 film.jpg

Tony Montana (Pacino) is holding court in his Florida estate.  His visitor is a WASP-ish banker.

Bankers as a rule don’t make house calls. But Tony is no ordinary customer–his men literally haul bags full of bills into the bank when making deposits.

Except that now the banker has some unpleasant news for Tony:

We’re not a wholesale operation.  We’re a legitimate bank.  The more cash you give me……the harder it is for me to rinse.

“The fact is I can’t take any more of your money unless I raise the rates on you.”

TONY: You gonna raise…

BANKER: I gotta do it.

BANKER: The IRS is coming….

TONY: Don’t give me that shit! Let’s talk. I’m talking. I go low, you go high. I know the game. This is business talk.

BANKER: Let me explain something. The IRS is coming down heavy on South Florida. There was a Time magazine story that didn’t help. 

There’s a recession. I got stockholders I got to be responsible for.  I got to do it, Tony.

TONY: We’ll go somewhere else.  That’s it.   

BANKER: There’s no place else to go. 

TONY: Fuck you, man! Fuck you! I’ll fly the cash myself to the Bahamas.  BANKER: Once maybe. Then what? You’ll trust some monkey in a Bahamian bank with millions of your hard-earned dollars? Come on, Tony. Don’t be a schmuck. Who else can you trust? That’s why you pay us what you do. You trust us.

Stay with us. You’re a well-liked customer. You’re in good hands with us.

(At this point, movie audiences burst into laughter.  The line, “You’re in good hands with us” seemed directly lifted from the slogan used by Allstate Insurance: “You’re in good hands with Allstate.”)

Now, fast forward to 2014.

A Reuters news story dated May 21, 2014 noted that investigators from the Federal Securities and Exchange Commission (SEC) were probing Charles Schwab and Bank of America Corporations Merrill Lynch brokerage.

The SEC wants to determine if these brokerages violated anti-money laundering rules that require financial institutions to know their customers.

Broker-dealers are required to establish, document and identify customers and verify their identities in compliance with the Bank Secrecy Act.

In 2012, David Cohen, the U.S. Treasury Undersecretary for Terrorism and Financial Intelligence David Cohen, ordered regulators to guarantee that financial institutions are identifying the true beneficial owners of their accounts.

The reason: Drug cartels and terrorist groups have become highly creative in hiding and transferring their illegal funds.

According to sources close to the investigation, Charles Schwab and Merrill accepted shell companies and persons with phony addresses as clients.

In both cases, some of the accounts were eventually linked to drug cartels.  Some of those accounts held hundreds of thousands of dollars; others held millions.

A Texas rancher and Charles Schwab client transferred money to a holding company that was actually a shell company.

Most of the Schwab clients being investigated lived near the Mexican border. Some were linked to Mexican drug cartels.

Click here: Exclusive: SEC probes Schwab, Merrill, for anti-money laundering violations – sources | Reuters

No further stories could be found on the Internet to update the progress of these investigations.

In fact, the government should have assumed long ago that brokerage companies were engaging in such behavior.

As Niccolo Machiavelli warned in The Discourses, his landmark book on how to preserve freedom within a republic:

All those who have written upon civil institutions demonstrate…that whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it. 

Portrait of Niccolò Machiavelli by Santi di Tito.jpg

Niccolo Machiavelli

If their evil disposition remains concealed for a time, it must be attributed to some unknown reason; and we must assume that it lacked occasion to show itself. 

But time, which has been said to be the father of all truth, does not fail to bring it to light.

Whenever the creating of wealth becomes an end in itself, all other ends are sacrificed to this.

Greed begins in the neurochemistry of the brain. A neurotransmitter called dopamine fuels our greed. The higher the dopamine levels in the brain, the greater the pleasure we experience.

Harvard researcher Hans Breiter has found, via magnetic resonance imaging studies, that the craving for money activates the same regions of the brain as the lust for sex, cocaine or any other pleasure-inducer. 

But snorting the same amount of cocaine, or earning the same sum of money, does not cause dopamine levels to increase. So the pleasure-seeker must increase the amount of stimuli to keep enjoying the euphoria.

Federal investigators need to view large concentrations of wealth as sources for at least potential corruption.

And they should ruthlessly–and routinely–investigate those sources, whether in the vaults of the Mafia or of major financial institutions.