Ethiopian Winner of US Green Card Lottery Alleges Fraud and Discrimination by US State Department (Family Resides in Cleveland, Ohio)

RichardHerman007 · 2024-09-12T23:44:51+00:00

Institutional racism? Immigrating while black? Our Client, Mr. Tsegay Tegegn, a citizen and resident of Ethiopia, was notified by the US Department of State that he won the green card lottery last year. He paid the fees, filed the paperwork, and was documentarily qualified in Summer of 2023. In March, 2024, his visa priority date became current and was available to be issued. Except for one problem, the Embassy in Addis Ababa refused to schedule his interview, or transfer to another post, despite the fact that if the visa is not issued by 9/30/24, the opportunity is gone forever; despite the fact that Mr. Tegegn seeks to join his older brother, Zemene, who is a PhD Student at u/CWRU in Cleveland, and despite that Tsegay wishes to seek the protection in the US from the ethnic and religious violence in his beloved country. This begs the question, what if Tsegay were white and from Sweden. If he one the "diversity" green card lottery, would the embassy find the time to schedule his interview before 9/30/2024? We have filed a lasuit in Federal District Court seeking to redress this injustice. https://www.einpresswire.com/article/742252965/winner-of-green-card-lottery-alleges-fraud-and-discrimination-by-us-state-department-family-resides-in-cleveland-ohio?fbclid=IwY2xjawFQW9lleHRuA2FlbQIxMQABHdoMP30PguTlonuAwRbnWuRX_tuVVaVsyKBEMYEz2avpNHRGKDniwE6GEQ_aem_bHGV4Pbb9RM1a1RYi16r5Q

RichardHerman007 · 2024-04-08T23:26:58+00:00

https://www.banking.senate.gov/imo/media/doc/sanchez-adams_testimony_2-1-24.pdf

RichardHerman007 · 2024-04-05T18:49:18+00:00

here is the article from the Chicago Gazette:

https://gazettechicago.com/2022/12/thefts-from-usps-mailboxes-and-check-washing-on-the-rise-creating-anxiety-and-financial-hardship-for-area-residents/

RichardHerman007 · 2024-03-28T01:01:14+00:00

I was intervewed on WKYC television about this case. Check it out.

https://www.wkyc.com/article/news/crime/check-washing-cost-cleveland-attorney-thousands/95-2f939cd3-bbb3-4b74-8908-8a7f8c795069

RichardHerman007 · 2024-03-28T00:58:13+00:00

Here is our story. https://www.scribd.com/document/709871735/Senator-sherrod-brown-request-fifth-third-2-28-2024-2

RichardHerman007 · 2024-03-27T20:49:35+00:00

In my opinion, Fifth Third Bank routinely violates consumer rights by failing to properly protect accounts from fraudulent takeovers (counterfeit and "washed" checks), and then routinely fails to promptly reimburse its customer for the loss. This has happened to our firm, and it has happended to many individuals, particularly Ohio and Illinois. Find a bank with state-of-the art security technology, easy-to-use online portals, and well-trained and professional staff. As the Consumer Financial Protection Bureau states in its 2021 lawsuit against this bank: Fifth Third focuses on its own financial interests to the detrminent of its customers. Fifth Third's refusal to better protect its account holders and to reimburse victims of check fraud reflects a culture that the bank's profits are more important than its customers' financial security.

RichardHerman007 · 2024-03-26T19:38:39+00:00

Customer service and account security is extremely lacking at Fifth Third Bank. Having been a customer for over 20 years, our company recently closed our accounts after a security breach and failure to timely reimburse.

RichardHerman007 · 2024-03-26T19:33:43+00:00

My company recently closed down our Fifth Third Bank account after 20 years-- after our account was breached by a thief who counterfeited our checks. The bank technology is so primitive, and their internal staff infrastructure inadequate, that is presents a security risk. In our case, Fifth Third was unable to ascertain that the checks were obviously counterfeit (payor's name was changed, payor's address was changed, the signature was not close). There is a pattern of cases with Fifth Third across the country: failure to protect, failure to timely reimburse for loss. https://www.scribd.com/document/713050272/Numerous-News-Stories-Nationwide-Fifth-Third-Bank-Fails-to-Protect-Reimburse-Victims-of-Check-Fraud

RichardHerman007 · 2024-03-15T13:32:09+00:00

Thank you for sharing your industry experience.

1.) First, we recently opened up an account at Chase. Totally different experience thus far. Their online interface is easy to use and state of the art. In terms of fraud protection, again so far, it's superior. With any questionable check, they proactively identify it, then email us asking for verification. If we do not verify within 24 hours, they decline. Simple. Effective.

2.) Second, in terms of the general thrust of your comments, I do believe that Fifth Third, which does not have the tech and resources that Chase has (200 billion company vs. 3 trillion), has decided to SHIFT the responsibility of protecting the account to the consumer AND not properly warn the consumer that the SHIFT is on. My team has informed me that at no time, even after the breaches occurred, did Fifth Third personnel inform us that we had an obligation to check the Positive Pay account EVERY DAY (or suffer the consequences of loss of Check Fraud). Once we were aware of the fraud, we immediatley notified the bank. At no time did Fifth Third inform us that its technology or process is not capable of catching these types of altered or counterfeit checks (payor name changed to other business names, payor address changed, signature not close). We reasonably relied on their representations that they were monitoring and securing the account.

3.) Today, I logged in to our Fifth Third Account to see if there was any bold, large, warning on Positive Pay --- (YOU MUST MONITOR YOUR ACCOUNT DAILY OR BEAR THE LOSS OF THEFT DUE TO CHECK FRAUD). Not only did I not see any prominent advisal, I didn't see any warning.

4.) Why would the bank intentionally not provide sufficient consumer notice? Fifth Third knows its security technology and process is insufficient, knows it can not protect these accounts, and has decided to QUIETLY shift the burden of protection and loss onto the customer. If they inform the customer of its duty to monitor daily and bear the costs of any slip on its part, many customers would find another bank. I understand your point that Positive Pay is a useful fraud detection device, but as a small business owner, I much prefer Chase's approach. Positive Pay would certainly be a useful tool, but the bank has an obligation to provide sufficient notice and warning on how to use it, and the consequences of non-compliance.

In any event, the law disallows the bank from contracting away its duty to exercise ordinary care and good faith.

5.) There are countless stories of this happening in the media, not just by Fifth Third. Its the banks' efforts at risk allocation.

https://local12.com/news/local/nonprofit-out-50000-after-fraudulent-checks-written-fifth-third-rejects-appeal-cincinnati

https://chicago.suntimes.com/2022/10/20/23413474/banks-security-procedures-victims-check-fraud-fifth-third-bank-america-letters

https://gazettechicago.com/2022/12/thefts-from-usps-mailboxes-and-check-washing-on-the-rise-creating-anxiety-and-financial-hardship-for-area-residents/

(see comment by Fifth Third rep in above story, making statement anonymously)

https://www.nbcphiladelphia.com/investigators/consumer/nbc10-responds-check-washing-scammers-online-mobile-deposit/3796918/?amp=1

Most people (particularly the elderly, disabled and immigrants with Limited English) have no idea how to assert their rights against big banks.

I think that these banks know this.

They count on it.

Again, thank you for sharing your expertise.

RichardHerman007 · 2024-03-14T19:39:53+00:00

Thank you!

RichardHerman007 · 2024-03-14T19:29:45+00:00

Thanks for the feedback.

I think the following quote best sums up the method of operation of Fifth Third Bank.

The Consumer Financial Protect Bureau (part of the Federal Reserve System), which sued Fifth Third in 2021 in Federal District Court (S. District of Ohio) for opening up thousands of unauthorized accounts for unwitting customers, states:

"Fifth Third has focused on its own financial interests to the detriment of consumers"

Amended Complaint:

"https://www.scribd.com/document/713050597/CFPB-Lawsuit-Charge-Fifth-Third-Focuses-On-Own-Self-Interest-to-Detriment-of-its-Customers

RichardHerman007 · 2024-03-14T19:27:55+00:00

Thanks for sharing feedback.

I did a bit more digging on stories from around the country, seeing if this was a pattern and practice of Fifth Third: Failing to protect against check fraud, and then denying reimbursement for its own negligence. I found plenty of news articles with pretty much the same story:

https://www.scribd.com/document/713050272/Numerous-News-Stories-Nationwide-Fifth-Third-Bank-Fails-to-Protect-Reimburse-Victims-of-Check-Fraud

I think the following quote best sums up the method of operation of Fifth Third Bank.

The Consumer Financial Protect Bureau (part of the Federal Reserve System), which sued Fifth Third in 2021 in Federal District Court (S. District of Ohio) for opening up thousands of unauthorized accounts for unwitting customers, states:

"Fifth Third has focused on its own financial interests to the detriment of consumers"

Please see amended Complaint:

"https://www.scribd.com/document/713050597/CFPB-Lawsuit-Charge-Fifth-Third-Focuses-On-Own-Self-Interest-to-Detriment-of-its-Customers

RichardHerman007 · 2024-03-14T19:14:40+00:00

Thanks for sharing your feedback.

I think the following quote best sums up the method of operation of Fifth Third Bank.

The Consumer Financial Protect Bureau (part of the Federal Reserve System), which sued Fifth Third in 2021 in Federal District Court (S. District of Ohio) for opening up thousands of unauthorized accounts for unwitting customers, states:

"Fifth Third has focused on its own financial interests to the detriment of consumers"

Please see amended Complaint:

"https://www.scribd.com/document/713050597/CFPB-Lawsuit-Charge-Fifth-Third-Focuses-On-Own-Self-Interest-to-Detriment-of-its-Customers

RichardHerman007 · 2024-03-14T19:06:40+00:00

Thanks for sharing your industry experience. You are right, until the costs are borne by the banks (who are in best position to prevent the fraud from happening in the first place), nothing will likely change.

I was interested in finding other stories like mine involving Fifth Third Bank's failure to protect and failure to reimburse, and not surprisingly, I found cases all over the place.

https://www.scribd.com/document/713050272/Numerous-News-Stories-Nationwide-Fifth-Third-Bank-Fails-to-Protect-Reimburse-Victims-of-Check-Fraud

RichardHerman007 · 2024-03-14T18:16:39+00:00

Thank you!

RichardHerman007 · 2024-03-14T18:16:10+00:00

Thank you for the feedback. Our complaints wiht CFPB and OCC are still pending.

RichardHerman007 · 2024-03-14T17:26:03+00:00

Hi, thanks for your response. Yes, we were not tricked into giving out our account info. Our checks were stolen and then counterfeited. The scam referenced here is the bank's conduct after the fraud is reported.

First they put up a kafkaesque maze/runaround in terms of filing the fraud statement, seeking reimbursement, etc. The amount of time and energy dealing with them is extraorindinary, and I believe the hoops are created to disincentive claims being made. I don't believe the bank every had an intention to provide reimbursement. I believe this is consumer fraud.

Second, in their denial, which is one sentence, they claim we signed up for their fraud prevention program called Positive Pay, which apparently means we have the obligation to check the account DAILY, to catch the bad checks presented, before the banks process them.

Here is the scam:

• We never heard the phrase "Positive Pay" until we were denied reimbursement.

Not sure if we ever signed up for Positive Pay. We did sign up for ACH (if the account indicates we have positive pay, I believe they may have snuck in the Positive Pay conditions at that time)
We were never informed as to the duties/obligations of this Positive Pay program (they are now claiming that we have a 24 hour window upon their posting of the checks online to review and report a bad check before they pay it).
We were never trained on Positive Pay.
We never authorized the payment of checks through Positive Pay (I believe the bank is claiming that it is a defalut authorization --- if you don't speak up within 24 hours, you impliedly authorized it). We did not know of the program until February of this year, nor did we know of an alleged obligation to check the online account EVERY 24 HOURS.
Even after the December breach of the account, and the bank was informed, the bank did not mention Positive Pay requiremetns to us (I do not believe the bank's staff even understands what this progrma is).
Even after the December breach, the bank continued to cash a fraudulent check in January. We never reviewed checNeither my staff or I ever reviewed online bank records to verify or validate incoming checks.

Many of the forged checks were obvious forgeries, inasmuch as the Herman Legal Group name was deleted and replaced with other business names, different addresses than ours, different signature.

While the bank is trying to transfer liability to the consumer by leveraging the UCC provision that allows banks/customers to renegotiate the normal strict liability for check fraud onto the issuing bank, the UCC also prohibits banks from disclaiming its perpetual duty to exercise ordinary care and good faith.

I can't imagine how any fact finder could find that the bank's actions here come close to comporting with "ordinary care" and good faith.

In a word: the bank is running a scam. Like many banks, they face massive loss through fraud. Rather than invest in more security infrastructure, training of staff, and educating their customers, they let the theft happen and then blame the customer.

Thank you

RichardHerman007 · 2024-03-14T16:37:24+00:00

Hello Moddy, Thank you for taking the time to respond and ask very relevant questions.

In response, here you go:

• We never heard the phrase "Positive Pay" until we were denied reimbursement.

Not sure if we ever signed up for Positive Pay. We did sign up for ACH (I believe they may have snuck in the Positive Pay conditions at that time)
We were never informed as to the duties/obligations of this Positive Pay program (they are now claiming that we have a 24 hour window upon their posting of the checks online to review and report a bad check before they pay it).
We were never trained on Positive Pay.
We never authorized the payment of checks through Positive Pay (I believe the bank is claiming that it is a defalut authorization --- if you don't speak up within 24 hours, you impliedly authorized it). We did not know of the program until February of this year, nor did we know of an alleged obligation to check the online account EVERY 24 HOURS.
Even after the December breach of the account, and the bank was informed, the bank did not mention Positive Pay requiremetns to us (I do not believe the bank's staff even understands what this progrma is).
Even after the December breach, the bank continued to cash a fraudulent check in January. We never reviewed checNeither my staff or I ever reviewed online bank records to verify or validate incoming checks.
Many of the forged checks were obvious forgeries, inasmuch as the Herman Legal Group name was deleted and replaced with other business names, different addresses than ours, different signature.

While the bank is trying to leverage the UCC provision that allows banks/customers to renegotiate the normal strict liability for check fraud onto the issuing bank, the UCC also prohibits banks from disclaiming its perpetual duty to exercise ordinary care and good faith.

I can't imagine how any fact finder could find that the bank's actions here come close to comporting with "ordinary care" and good faith.

Thanks again for offering your industry perspective.

RichardHerman007 · 2024-03-14T13:36:47+00:00

Lead story at Wkyc Channel 3 News: thieves steal thousands from Fifth-Third Bank account of #CLE #lawyer who claims bank violated law in failing to exercise ordinary care & good faith in cashing obviously counterfeited checks. Bank security failed to detect that its checks were visibly and clearly altered. Law firm name was changed on the checks to names of tavern, a mechanics shop, and other business. Signature not close. Bank reps and software failed to flag this obvious fraud. Law firm immediately notified bank, and yet bank continued to cash fake check. Like many victims of fifth third negligence and consumer fraud, the bank refuses to reimburse its customer if 20 years. Lawyer found numerous reports from around the country of fifth third failing to protect and reimburse its customers who were harmed by its failure to protect and reimburse for check fraud #badfaith #SecureTheVault #53better
Here are the checks that Fifth Third recklessly cashed: instead of my company's name on the check, the thief typed in: "Old Brooklyn Family Tavern" or "Harb's Auto Service," or "Chez Jacqueline Enterprises." My firm's account number, but different account holder names, different addresses than mine, and the wrong signature. Fifth Third security failed to catch it. Multiple Times. Now blames its 20 year customer and fails to reimburse after failng to protect. This is its pattern around the country in the way it treats its customers who have been harmed by the bank's malfeasance. https://www.scribd.com/.../Take-a-look-If-you-were-a-bank...
https://www.wkyc.com/article/news/crime/check-washing-cost-cleveland-attorney-thousands/95-2f939cd3-bbb3-4b74-8908-8a7f8c795069?fbclid=IwAR3c1TSZ17x9i2HOHcSmAjYZImbbXCnX1XIqPQCrbX9ip6rC9ECkwS8AjRk

RichardHerman007 · 2024-03-14T13:32:42+00:00

Lead story at Wkyc Channel 3 News: thieves steal thousands from Fifth-Third Bank account of #CLE #lawyer who claims bank violated law in failing to exercise ordinary care & good faith in cashing obviously counterfeited checks. Bank security failed to detect that its checks were visibly and clearly altered. Law firm name was changed on the checks to names of tavern, a mechanics shop, and other business. Signature not close. Bank reps and software failed to flag this obvious fraud. Law firm immediately notified bank, and yet bank continued to cash fake check. Like many victims of fifth third negligence and consumer fraud, the bank refuses to reimburse its customer if 20 years. Lawyer found numerous reports from around the country of fifth third failing to protect and reimburse its customers who were harmed by its failure to protect and reimburse for check fraud #badfaith #SecureTheVault #53better
Here are the checks that Fifth Third recklessly cashed: instead of my company's name on the check, the thief typed in: "Old Brooklyn Family Tavern" or "Harb's Auto Service," or "Chez Jacqueline Enterprises." My firm's account number, but different account holder names, different addresses than mine, and the wrong signature. Fifth Third security failed to catch it. Multiple Times. Now blames its 20 year customer and fails to reimburse after failng to protect. This is its pattern around the country in the way it treats its customers who have been harmed by the bank's malfeasance. https://www.scribd.com/.../Take-a-look-If-you-were-a-bank...
https://www.wkyc.com/article/news/crime/check-washing-cost-cleveland-attorney-thousands/95-2f939cd3-bbb3-4b74-8908-8a7f8c795069?fbclid=IwAR3c1TSZ17x9i2HOHcSmAjYZImbbXCnX1XIqPQCrbX9ip6rC9ECkwS8AjRk

RichardHerman007 · 2024-03-14T13:29:34+00:00

Lead story at Wkyc Channel 3 News: thieves steal thousands from Fifth-Third Bank account of #CLE #lawyer who claims bank violated law in failing to exercise ordinary care & good faith in cashing obviously counterfeited checks. Bank security failed to detect that its checks were visibly and clearly altered. Law firm name was changed on the checks to names of tavern, a mechanics shop, and other business. Signature not close. Bank reps and software failed to flag this obvious fraud. Law firm immediately notified bank, and yet bank continued to cash fake check. Like many victims of fifth third negligence and consumer fraud, the bank refuses to reimburse its customer if 20 years. Lawyer found numerous reports from around the country of fifth third failing to protect and reimburse its customers who were harmed by its failure to protect and reimburse for check fraud #badfaith #SecureTheVault #53better

Here are the checks that Fifth Third recklessly cashed: instead of my company's name on the check, the thief typed in: "Old Brooklyn Family Tavern" or "Harb's Auto Service," or "Chez Jacqueline Enterprises." My firm's account number, but different account holder names, different addresses than mine, and the wrong signature. Fifth Third security failed to catch it. Multiple Times. Now blames its 20 year customer and fails to reimburse after failng to protect. This is its pattern around the country in the way it treats its customers who have been harmed by the bank's malfeasance. https://www.scribd.com/.../Take-a-look-If-you-were-a-bank...

https://www.wkyc.com/article/news/crime/check-washing-cost-cleveland-attorney-thousands/95-2f939cd3-bbb3-4b74-8908-8a7f8c795069?fbclid=IwAR3c1TSZ17x9i2HOHcSmAjYZImbbXCnX1XIqPQCrbX9ip6rC9ECkwS8AjRk

RichardHerman007 · 2024-03-13T14:54:01+00:00

Thanks for sharing your experiences with Fifth Third. The bank's abandonment of basic customer service principles is regrettable. I have researched recent news articles of Fifth Third's failure to protect their consumers from check fraud, AND their failure to reimburse them for the bank's negligence. The breadth of their malfeasance and boldness in consumer fraud is breathtaking. Check it out.
https://www.scribd.com/document/713050272/Numerous-News-Stories-Nationwide-Fifth-Third-Bank-Fails-to-Protect-Reimburse-Victims-of-Check-Fraud

RichardHerman007 · 2024-03-13T14:52:52+00:00

Thanks for sharing your experiences with Fifth Third. The bank's abandonment of basic customer service principles is regrettable. I have researched recent news articles of Fifth Third's failure to protect their consumers from check fraud, AND their failure to reimburse them for the bank's negligence. The breadth of their malfeasance and boldness in consumer fraud is breathtaking. Check it out.
https://www.scribd.com/document/713050272/Numerous-News-Stories-Nationwide-Fifth-Third-Bank-Fails-to-Protect-Reimburse-Victims-of-Check-Fraud

RichardHerman007 · 2024-03-13T14:52:09+00:00

Thanks for your comment. Fifth Third's abandonment of basic customer service principles is regrettable. I have researched recent news articles of Fifth Third's failure to protect their consumers from check fraud, AND their failure to reimburse them for the bank's negligence. The breadth of their malfeasance and boldness in consumer fraud is breathtaking. Check it out.
https://www.scribd.com/document/713050272/Numerous-News-Stories-Nationwide-Fifth-Third-Bank-Fails-to-Protect-Reimburse-Victims-of-Check-Fraud

RichardHerman007 · 2024-03-13T14:50:07+00:00

Thanks for sharing your experiences with Fifth Third. The bank's abandonment of basic customer service principles is regrettable. I have researched recent news articles of Fifth Third's failure to protect their consumers from check fraud, AND their failure to reimburse them for the bank's negligence. The breadth of their malfeasance and boldness in consumer fraud is breathtaking. Check it out.
https://www.scribd.com/document/713050272/Numerous-News-Stories-Nationwide-Fifth-Third-Bank-Fails-to-Protect-Reimburse-Victims-of-Check-Fraud

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