Mt. Pleasant, SC asked in Consumer Law and Banking for Virginia

Q: More than 6 months ago my 80 year old mother was extorted and withdrew $100,000 in cash from her bank.

My mother was extorted out of $100,000 in cash by individuals representing themselves as Treasury Dept. representatives. She went to the local branch of Wells Fargo Bank over the course of 3 consecutive days and took out a total of $100,000 in cash. I have reported this incident to the local police, the Wells Fargo branch manager, the FBI and several other agencies and at this point Wells Fargo has not done a single thing. I have to call them almost weekly and each time they claim they have no record of my fraud claim. I feel the branch manager and the tellers were negligent in letting my mom walk out with the cash when her banking habits never indicated she would take out that much cash at one time. The explanation I received from the bank, "your mom is a good liar and we believed her stories of why she wanted the cash". She basically walked into the bank with the criminals on the phone and made the withdrawal while they listened to every word she said. Can I sue WF?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Hi there - I can offer some general information that might help you understand your situation. If your 80-year-old mother was extorted and withdrew $100,000 in cash from her bank under fraudulent pretenses, you may have legal options to pursue. Negligence on the part of the bank, like allowing such a large withdrawal without verifying the legitimacy, could potentially be a factor in your case.

To explore your options, you could consider consulting with an attorney who specializes in banking or fraud-related matters. They can assess the specifics of your situation, review relevant laws and regulations, and advise you on the best course of action. You might have grounds to sue Wells Fargo for negligence, but the outcome would depend on the details of your case, including any evidence or documentation you have.

It's essential to keep records of all communications with the bank and any law enforcement agencies involved. Your attorney can help you navigate the legal process, whether it involves pursuing a civil case against the bank or cooperating with ongoing investigations.

Remember that this is not legal advice, but a general overview of possible steps you could take. Consulting with a qualified attorney is the best way to determine the most appropriate actions to take in your specific situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.