After mail theft incident in Colorado, check fraud victim fights bank for reimbursement
While combing through a pile of paperwork in his kitchen, Colorado resident Brad Bernero says he is doubling down on his fight against the banking giant Wells Fargo.
"I don't think they did what's right, and I'm trying to rectify that," he told CBS Colorado reporter Karen Morfitt.
In mid-April he used a check to pay his taxes.
"$4,311 .... so, it's a significant amount to a lot of people," Bernero said.
He dropped it off in the blue USPS mailbox outside the post office in Parker, which is located in the southeastern part of the Denver metro area.
"There's a lot of people driving by there all day long, so if someone is opening it and grabbing mail you would think someone would notice," he said.
By April 22, he could see the check had cleared his account.
"I didn't think much of it until I popped it up to look at the image and nothing was available. This was in May," he said, and then read the message he got from his laptop screen: "For the check 1664 that posted April 22 for 4311 the image cannot be displayed."
The message that's currently displaying is the same one he saw months ago when wanting to make sure that check was paid to the right department.
"I called the number to get a copy of the image and they said it's not uncommon for a governmental payment to go through as an electronic payment and there would be no image, although this was the first time I had ever had an image not be available. But they kind of told me don't worry about it," he said.
In June, the state notified Bernero his taxes were past due.
"Now I needed a copy of that check to show them either it was paid or if not, why," he said.
Still, the bank couldn't provide one, and Bernero paid his taxes again.
At that point, the bank sent his case to fraud investigations, but that wasn't until July.
"That group took copious amounts of time to get back and say 'Well, you didn't notify us enough about this so we can't reimburse you for this,' but they did acknowledge that there was a check and that it had been washed and sent to deposited by someone else," Bernero said.
In September, the United States Postal Inspection Service also confirmed he was the victim of mail theft. They returned the envelope that was once sealed with his check inside after they say it was found at a crime scene.
"It had a stamp on it but the post office hadn't done anything with it," he said looking at the piece of mail.
Finally, in October, Bernero got a letter from Wells Fargo denying his reimbursement. It stated the "terms of the account agreement required Mr. Bernero to notify Wells Fargo of the altered check within 30 days after his statement was made available, not the date Mr. Bernero discovered the alteration."
Bernero argues he couldn't see the check was changed because the bank never provided an image.
"I think to me it's just kind of annoying that no one seems to understand the fact that they didn't give me the information I needed to tell them within their time frame that this was a fraudulent item," he said.
Bernero isn't going to accept their decision.
"I think that's why I am where I am, because they feel like if we just keep telling him no over and over and over again they'll go away," he says.
He has now filed suit in small claims court with no plans to back down now.
"For $4,300 I think a lot of people probably would (think) it's just not worth the time and effort. For me, it just kind of gnaws at me a little bit and I think I am trying to do what's right," he said.
CBS Colorado did reach out to Wells Fargo asking them to clarify how Bernero could have done more to monitor his account a spokesperson responded asking for the customers personal information.
Bernero says within days he got a call from the bank wanting to review his case.
Wells Fargo is now telling CBS Colorado they are working directly with him to resolve the issue.
If you think you've been the victim of check fraud, you are urged to file a report. That can be done at reportfraud.ftc.gov or uspis.gov.
