Dear Claudienne,

I have an account with NCB Portmore that was compromised and $677,200 stolen from it. The transactions span from September 25, 2020 to October 1, 2020.

On October 2, 2020 I went to the supermarket to buy groceries. The cashier told me that my bill was $15,033 and when I tried to use my NCB Midas card to pay the cashier, but it was declined twice. I had to use another card to pay as I wasn’t sure why the payment kept declining. When I got home I went online to see what was happening and discovered that only $19 was available in my NCB savings account. I tried to call customer care immediately but was unsuccessful as a result of them being closed due to COVID 19 protocols.

When I spoke to a representative the following morning I was told that my account had been compromised by withdrawals done in six different parishes: St James, Trelawney, St Ann, St Elizabeth, Westmoreland and Kingston. He told me that he would be restricting the card to avoid further activity. He advised me to report the matter to the bank in order for an investigation to be completed and the account refunded.

On October 6, 2020 I went to the Portmore NCB branch and reported the matter, and the representative took the Midas card and destroyed it and gave me a NCB Visa debit card. I also filled out an incident report in which I made it clear that only I knew my PIN. My report stated that I had not written down information about my card and PIN, neither had my card ever been lost or stolen.

I was given a case number and advised that the issue would be resolved within 21 days.

After about 10 days and noticing that the missing sum had not been refunded to my account, I called to find out the status of the investigation. The representative told me that the investigation, which had been completed, showed that my genuine card and PIN were used to do the transactions.

I have not figured out the laws of time travel and I cannot be at two places at once so this conclusion is ludicrous. I have never used my card at any of the locations highlighted especially in western Jamaica, nor did I give anyone my card to complete those transactions. I only use my card in Portmore and some locations in Kingston to purchase auto parts and, at times, food.

When I revisited the branch on October 26, 2020 and spoke to the manager, I was advised to report the matter to the police. I reminded her that this was the second time that my account had been compromised. I was refunded the first time and almost eight months later the same thing had happened again.

She advised me to report the matter to the Fraud Squad to have the issue resolved. I reported the matter to the Fraud Squad the same day and took the receipt to the Portmore branch manager the following day. I was advised that I would be contacted within five days.

She promised that NCB would fully cooperate with the police and would send the Fraud Squad the video footage of the ABM transactions. Nonetheless, several weeks have passed and the bank has not sent the video footage to the police.

Meanwhile, my bills are backing up, so any possible assistance from you will be appreciated.

SB

Dear SB,

Over a protracted period there have been numerous email communications between
Tell Claudienne and NCB, the Consumer Affairs Commission (CAC), the police Fraud Squad, the Office of the Commissioner of Police, and the Bank of Jamaica in regard to the alleged theft at the ABM from your bank account.

A superintendent of the Fraud Squad has told
Tell Claudienne that in a face-to-face conversation with you and the CAC lawyer on May 7, 2021, he informed both of you that the NCB fraud unit manager alleged that you were complicit in the fraud from your account.

The superintendent said that despite repeated requests to NCB for evidence to substantiate the allegation, the bank had provided no evidence to prove that you played a role in the fraud from your account.

He said that NCB was of the belief that you were complicit, because you had received a refund from the bank in 2020, after money was stolen from your account at the ABM.

Regarding NCB allegations that your genuine pin was used for the thefts from your account,
Tell Claudienne notes that in an email to the CAC you questioned the credibility of the NCB genuine pin assertions as follows:

“On January 14, 2021, I called NCB customer care in order to ensure that the times I had previously been given for each of the transactions on my account were correct.

1) There was a purchase made on September 30, 2020 at the point of sales machine at the Popeye’s restaurant on Constant Spring Road, Kingston, which was done by me at 5:30 pm (camera footage will show me in my car at the drive through and also in the parking lot eating).

2) The unauthorised transactions were done in Negril, Westmoreland on September 30, 2020 one of which was completed at 5:17 pm as confirmed by both NCB customer care employees.

I am being labelled as a criminal based on a hunch apparently that your Fraud Prevention Unit has. I do not know the methodology used by your Fraud Prevention Unit in investigation of these matters but even Ray Charles and Stevie Wonder “can see” the discrepancies on my account………

Please clarify how my genuine card and PIN were used in Negril, Westmoreland on September 30, 2020 at 5:17 pm and then given back to me to make a purchase in Kingston at 5:30 pm on September 30, 2020.”

For months now the Consumer Affairs Commission, the Jamaica Constabulary Force and myself have asked NCB for the information or evidence that implicates me in the fraud from my account.

On March 5, 2021, NCB responded stating:

“Hello Mr SB

In reviewing the matter, we noted that we previously stated that your genuine card and pin were used to conduct the disputed transactions. We therefore wish to clarify that our basis for not making a refund is that taking all factors into account, we have not found evidence which supports the claim that your account was fraudulently compromised. We have noted that you reported the matter to the Jamaica Constabulary Force (“the JCF”). The Bank will fully cooperate with the JCF to assist them in conducting their own investigations.

If the JCF arrives at a different conclusion, we will be willing to reconsider our position.”

After you asked the office of the Commissioner of Police for help to get evidentiary proof from NCB of your involvement in the fraud from your account, on July 26, 2021, the NCB Manager – Special Investigations emailed you as follows:

We acknowledge receipt of your email dated July 19, 2021 in which you outlined several allegations against the Bank – National Commercial Bank (NCB) Jamaica Limited as purportedly shared with you by Superintendent XXX of the Jamaica Constabulary Police Fraud Squad.

In relation to the matter of reported fraudulent activities on your savings account number XXXX that is maintained at the NCB Portmore Branch, we advise that the matter was extensively investigated and the findings shared with you. Subsequently, we have conducted several reviews, received numerous interventions from the Bank of Jamaica (BOJ), the Consumer Affairs Commission, et al, and have expeditiously addressed the queries and concerns in the spirit of good customer relations.

Similarly, we have shared all information requested by the Jamaica Constabulary Police Fraud Squad in relation to your case and have held meetings to assist them in the course of their investigations. We are therefore appalled by the assertions you have outlined in your email that were allegedly made by the Police.

We are steadfast in our efforts to maintaining good customer service relationships and ensuring that where customers are adversely impacted by fraudulent activities, we employ far-reaching methods to fully address the issues.”

On December 3, 2021 the Fraud Squad Unit of the Jamaica Constabulary Force sent you the following email:

Re: Fraudulent Investigation — SB and National Commercial Bank

Reference is made to your email dated November 1, 2021 regarding the matter at caption.

The Fraud Squad Unit of the Counter-Terrorism and Organized Crime Investigation Branch (C-TOC) conducted investigations into an alleged case of Unauthorized Access to Computer Data and Simple Larceny and advice as under.

Resulting from the investigation conducted, images of an individual making withdrawal at an automated banking machine were obtained from the bank. These images were assessed and efforts were made to ascertain the identity of the person making the withdrawal to no avail. The individual was wearing a mask and could not be identified by the complainant or facial recognition system.

Based on the information obtained from you regarding the stance taken by the bank and in furtherance of our investigation, we sought to obtain additional evidentiary material to substantiate those claims. However, in response to our request we were advised that no further assistance could be provided.

Consequently, we are not in a position to advance this investigation.

Regards,

Superintendent of Police

C-TOC, Fraud Squad

Current Bank of Jamaica (BOJ) regulations do not enable the BOJ to interfere in contractual arrangements between the banks and their clients. So when BOJ mediation was requested in the matter, the BOJ sent your complaint to NCB for the bank to carry out an internal investigation. The BOJ then sent you a copy of NCB’s report of the bank’s investigation.

There is currently no government agency in the island that is empowered to intervene and settle complaints between the banks and their customers. However, in January 2023 the Minister of Finance and the Public Service announced that the Government would be pursuing the creation of a “twin peaks model” of financial sector supervision and regulation that is being programmed for implementation in 18 to 24 months.

Under Peak 2 of the twin peaks model, the Financial Services Commission will be reformed and made responsible for overseeing market conduct and consumer protection financial issues.

The policy document pertaining to the reformed FSC has been drafted and is being reviewed by government stakeholders such as the Ministry of Industry under which the Consumer Affairs Commission falls.

Once the review of the policy document is finalised and approved by the Cabinet the legislation will be drafted.

Have a problem with a store, utility company? Telephone 876-936-9436 or Cell # 876-484-1349 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail:edwardsc@jamaicaobserver.com. Please include a contact phone number.