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	<title>Cognition &#187; banking</title>
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	<link>http://www.cognition.ca</link>
	<description>Balls-in-the-air Entrepreneurship and Juggling.</description>
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		<title>Why I don&#8217;t Like Banks</title>
		<link>http://www.cognition.ca/2008/09/why-i-dont-like-banks.html</link>
		<comments>http://www.cognition.ca/2008/09/why-i-dont-like-banks.html#comments</comments>
		<pubDate>Wed, 03 Sep 2008 23:27:04 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[entrepreneurs]]></category>
		<category><![CDATA[bank of america]]></category>
		<category><![CDATA[banking]]></category>
		<category><![CDATA[duplicity]]></category>
		<category><![CDATA[fraud]]></category>

		<guid isPermaLink="false">http://www.cognition.ca/?p=84</guid>
		<description><![CDATA[I&#8217;ve never gotten along well with Banks of any kind, but especially with those larger, faceless National Institutions of organized robbery. For a long time I suspected I was simply bothered, not by their aggressive profiteering (especially at the expense of the lower- and middle-class), but by their sheer duplicity &#8211; having weaseled their way [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignleft size-full wp-image-87" style="border: 1px solid black; margin: 5px 10px; float: left;" title="BoAUnfriendly" src="http://www.cognition.ca/wp-content/uploads/2008/09/picture-69.png" alt="" width="292" height="323" />I&#8217;ve never gotten along well with Banks of any kind, but especially with those larger, faceless National Institutions of organized robbery.</p>
<p>For a long time I suspected I was simply bothered, not by their aggressive profiteering (especially at the expense of the lower- and middle-class), but by their sheer <em>duplicity</em> &#8211; having weaseled their way into the pseudo-governmental &#8220;Federal Reserve&#8221; and eliminated a constitutionally-guaranteed inflation-free currency, they nonetheless extract levels of profit <a href="http://www.lectlaw.com/files/ban02.htm">considered by most historical examples as usury</a> &#8211; all justified by some false representation of themselves as a public service(!).</p>
<p>But I realized today that my distaste comes from something much more concrete, and direct.</p>
<p>They <strong>cheat.</strong></p>
<p>Here&#8217;s a case in point:<span id="more-84"></span></p>
<p>Freddy Mangum and I had filed online with Bank of America, to open up a new, joint checking account. This is a stop-gap measure to attach to an upcoming iPhone App (currently in the Apple review queue), since we&#8217;ve not set up a formal C-Corp for this partnership.</p>
<p>I was, as usual, traveling, when Bank of America called me on my cell (finally) to confirm that I wanted the account. I told them, &#8220;Yes&#8221;, emphatically, and asked for the Account number, so that I could complete the forms on the Apple website.</p>
<p><strong>They told me that they couldn&#8217;t provide me with that information &#8211; it violated their privacy policy.</strong></p>
<p>I should have just kept my mouth shut.</p>
<p>Instead, I told them their policy logic was broken; if they trusted me to approve an account, they must also trust me with the account information, right?<a title="Don't talk to me, buddy" href="http://en.wikipedia.org/wiki/Ken_Lewis_(executive)"><img class="alignright" style="border: 1px solid black; margin: 5px 10px; float: right;" src="http://seattletimes.nwsource.com/ABPub/2008/04/21/2003961122.jpg" alt="BoF CEO" width="154" height="215" /></a></p>
<p><strong>They hung up.</strong></p>
<p>The next day, Freddy called to tell me that <em>Bank of America had closed the account</em>, citing risk concerns regarding Joshua McKenty that they were not at liberty to discuss with him. He gave me the number, and I gave them a call.</p>
<p>Eliseo (no last name available), in the &#8220;Account Risk Closures&#8221; department, told me that the account had been closed because I had hung up on them during account verification! And that when they called me back, it had gone directly to voicemail.</p>
<p>False.</p>
<p>I asked him who I could complain to &#8211; he told he that he was the end of the road, but that he couldn&#8217;t actually do anything. He said that the account files are locked after 48 hours, so he couldn&#8217;t even add a note on the file anyway.</p>
<p>He also said that, because of this action, they would also close all my other Bank of America accounts.</p>
<p>I asked him who I could escalate my complaint to, or if he could provide contact info for a banking ombudsman within Bank of America. He said that it was my right as an American, to take any further actions that I chose, but that he had other calls waiting and &#8220;&#8230;did you have any further questions regarding your account closure?&#8221;</p>
<p>I searched the Bank of America website for the words &#8220;Complaint&#8221; and &#8220;Ombudsman&#8221; without turning up any results. A Google search turned up <a href="http://bankofamericasucks.com">several</a> <a href="http://www.my3cents.com/search.cgi?criteria=Bank+of+America">third-party</a> <a href="http://www.consumeraffairs.com/finance/bofa.html">sites</a> filled with complaints about Bank of America&#8217;s apparently fraudulent practices, but no official sites.</p>
<p>I found (of course) a lot of links to the <a href="http://obsi.ca/"><strong>Canadian</strong> banking ombusdman</a>, so I called them and asked for their <a href="http://www.occ.gov/index.htm">US counterpart</a> (which they were happy to provide). Eventually this led me to http://www.helpwithmybank.gov/, and <a href="http://www.helpwithmybank.gov/faqs/banking_close_account.html">this startling page</a>:</p>
<blockquote>
<h3>The bank closed my checking account and did not notify me. Is this legal?</h3>
<p>Yes. Generally, national banks may close deposit accounts for any reason (e.g., inactivity or low usage) and without notice. <span style="color: #ff0000;">Federal banking laws and regulation do not address the closing of deposit accounts.</span></p></blockquote>
<blockquote><p>This issue is governed by the Deposit Account Agreement you received when you opened your account. Review that Agreement, and contact your bank directly for more information.</p></blockquote>
<p>Wow. So I can pay out $30-50 for a bunch of nice checks, drawn against my new bank account, and then have the account shut down overnight, without notice?</p>
<p>I was curious to see how much money these banks were making off checking fees (and overdraft fees as well, following up on some of those other consumer complaints).</p>
<p>The <a href="https://cdr.ffiec.gov/public/">https://cdr.ffiec.gov/public/</a> website provides quarterly financial reports of all National banks, so I went there and did a quick search for &#8220;Bank of America&#8221;.</p>
<p>Although the line items in the report are a little obfuscated (TEXT4462 links to &#8220;Customer and other Miscellaneous Fees&#8221;, and TEXT4463 links to &#8220;Intercompany Procesing Fee Income&#8221;), I was able to extract a couple of interesting numbers.</p>
<p><strong>Bank of America made more than $77 Million dollars from the &#8220;printing and sale of checks&#8221; &#8211; in the past three months.</strong></p>
<p>How handy that, at least for my account, they&#8217;ll never have the expense of CLEARING those checks &#8211; they can simply hang up on me, and close the account.</p>
<p><a href="http://www.cognition.ca/wp-content/uploads/2008/09/picture-66.png"><img class="aligncenter size-medium wp-image-85" title="Excerpt from call_3510_063008.pdf" src="http://www.cognition.ca/wp-content/uploads/2008/09/picture-66-300x242.png" alt="Bank of America - Makes Money by Closing Customer Accounts" width="300" height="242" /></a></p>
<p>Oh, one other (probably innocuous) tidbit:</p>
<blockquote>
<h3><strong>a. Aggregate amount of all extensions of credit to all executive officers, directors, principal shareholders, and their related interests: </strong></h3>
<h3><strong><span style="color: #ff0000;">$296,743,000.00</span></strong></h3>
<p><a href="http://www.cognition.ca/wp-content/uploads/2008/09/picture-68.png"><img class="aligncenter size-full wp-image-86" title="RelatedInterests" src="http://www.cognition.ca/wp-content/uploads/2008/09/picture-68.png" alt="BoA loans almost $300M to directors and friends" width="500" height="163" /></a></p></blockquote>
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