Citibank Must Pay Back The $14 Million It Stole From Customers Over A Decade
Between 1992 and 2003, Citibank operated an "automatic sweeping" program that would without notice remove positive balances from customers' credit card accounts—mainly those of the poor and the recently deceased—and pocket the money. Now it's paying back $14 million dollars to the affected customers, plus another $3.5 million in penalties to California, thanks to that state's Attorney General.
From the Associated Press:
Citigroup's "account sweeping program" automatically removed positive balances from customers' credit card accounts, Attorney General Edmund G. Brown Jr. said. For instance, if a customer double-paid a bill by mistake or refunded a purchase for credit, that positive balance was then taken from the customer without notification, Brown said.
The news stories that announced the settlement last week don't explain why the sweeping program was set up in the first place, or why it ran for so long. They do point out, however, that a whistleblower brought the program to the attention of an internal audit team in 2001, but that person was ignored and later fired.
One unnamed Citibank executive explains Citibank's position pretty succintly in the AG's press release:
In the words of a Citibank executive, “Stealing from our customers is a business decision, not a legal decision.” The same executive later said that the sweep program could not be stopped because it would reduce the executive bonus pool.
Citibank says it admits to no wrongdoing, although we're not sure how you can characterize pocketing overpayments and credits for yourself as crime-free.
According to the settlement (PDF), Citibank must identify all affected accounts and mail a notice via first class mail to the account holder's last known address, or to the person in charge of the customer's estate. You'll have to respond within 60 days of this notice, and then will be reimbursed the skimmed fees plus 10% interest. The bank has until June 1st, 2009 to refund the money.
"Citi pays $18M for questioned credit card practice" [Associated Press]
"Citibank Stole From 53,000 Customers" (Thanks to Claire!)
(Photo: Getty)
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Comments:
They make up to 15 years of interest on the money they stole and have to pay back only 10% above principle? What a great deal for citi!
Go Jerry Brown!!
Yes, THAT Jerry Brown.
Is this one of those situations where, if the money is not claimed, CB gets to keep it anyway?
@ohiomensch: Nope. It looks like if the money isn't claimed, it has to be turned over to that state's unclaimed money department/office/whatever.
Where are the other states' AG's and why aren't they pursuing litigation?
In the words of a Citibank executive, "Stealing from our customers is a business decision, not a legal decision." The same executive later said that the sweep program could not be stopped because it would reduce the executive bonus pool.
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"Stealing from our customers is a business decision, not a legal decision." ...the sweep program could not be stopped because it would reduce the executive bonus pool."
Man! I wonder if the "executive" had some tylenol, because his face must be hurting after saying something so criminal. In regards to not admiting wrongdoing, just because the criminal say he sees stars doesn't make it night time.
Oooh repayment with interest. I'm glad the settlement wasn't something lame like "Free 0% for a year on a balance transfer." I guess it's easier when there's an obvious monetary loss.
@ohiomensch: No. It (probably) goes to the state:
If Defendants do not receive a properly completed form within 60 days of mailing the Contact Letter, then Defendants shall escheat the amount to be refunded to the state of the customer's last known address as reflected in Defendants' records for the account. Defendants shall escheat these funds in accordance with the procedures established by that state's unclaimed property and escheat laws.
What possible reason could there be to skim off funds from an account with a positive balance...[crickets]...
So if many of the execs were privy to this information, why again aren't they going to jail? If I knowingly kept money unlawfully from a bank, I'd be facing criminal charges...
@evslin: I facepalmed so hard I hurt my nose.
Literally.
And huh, I have a grandmother who has citibank, I'll give her a call and let her know.
And CitiBank is now in charge of the Gov't travel program for the DoD as of 1Nov!
In the words of a Citibank executive, "Stealing from our customers is a business decision, not a legal decision." The same executive later said that the sweep program could not be stopped because it would reduce the executive bonus pool.
Is this a real quote? I had to double-check and make sure I wasn't reading the onion.
Promptly canceling my Citi card...
They never admit wrongdoing. Just like everyone in prison is innocent.
If you ask me, any corporation that is caught stealing or otherwise breaking basic laws should be dissolved. The $17.5 million they just gave up will be factored in to their next thieving business plan.
I canceled Citi a long time ago. Bad experiences. Amex has been better.
When I worked for Citibank years ago, I was very underpaid. Maybe they used a 'sweeping program' to reduce my wages?! Citibank is EVIL!
Here , just let me zip up my asbestos polyester leisure suit so that I can survive the flaming that I am going to get...Okay, ready.
There is a small glimmer of hope inside me that whomever is elected in November will bring the pain to these big companies that think that they are above the law.I mean, use the full power of the federal government to punish,and I mean really punish these people so that they will think twice before pulling this shit,bonus or no bonus.The penalty here should have been triple damages PLUS interest with no wiggle room. The poor bastard that got fired for blowing the whistle should get some serious coin for being fired. Only when it is more painful to break the law than do the right thing (like it is for us poor schlepps in the real world), will these people do whats fair.
The fact that they can get off for 10% interest plus fees to cover the state's cost of litigation is an outrage. This was theft and conspiracy to theft. It was not done by some abstract corporation, but by a group of men and women who made a decision to abuse their position of trust for their own profit. Those people should do hard time.
And the shareholders should sue them for the damages their shares incurred when they got caught.
I'm wondering why there are no criminal charges against the individuals responsible for this multi-million-dollar theft, and why there are no punitive damages being sought from the corporation - and possibly any auditors involved over the years.
@wickedpixel: Yes, it is a real quote. As a lawyer whose work involves a fair amount of dealing with corporate types, it is unbelievable how many of them apparently had some kind of morality-ectomy in business school. Many simply don't think that rules should apply to them: customers are dupes at best and the enemy most of the time, and their company should get to do whatever it likes to make money.
Somehow, I suspect that "Stealing from our customers is a business decision, not a legal decision." would not be accepted as a valid excuse by Citibank, if given by someone who steals from them.
Citibank steals millions of dollars, and they just have to give it back. If a citizen were to steal $1 from Citibank, how hard would Citibank come down on the poor fool?
If a large corp uses fraud to steal from customers, they should have to pay back 10x the amount stolen. They should have to actually FEEL the punishment.
If I had no morals, and it appears they don't, I'd make this decision many times over. Being able to take millions and only have a small chance of being caught, and even then the repercussions are minor.. yeah, seems like a solid business plan.
Also, the whistle blower should get a payoff from this deal, too.
I also support hard time for these thieves.
That's it... I'm marching my ass downtown and getting my shit incorporated. Then my non-person entity and I can enjoy screwing over all the little people we meet, ignoring laws and having a ball while my fat cat CEO buddies and I drink martinis made with the sweat of the working man. Good times.
A long joke that I tell my friends sometimes:
"Smart would-be thieves should take notice... if you want to illegally steal money from people off the street, establish a major corporation and do your bidding from there. Why? Even if you get caught, you'll just get away with a slap on the wrist! Small fine and maybe a brief media attention. Do it as an individual, you'll face hard time and be stripped of any dignity for life."
The bastards behind this fraud are definitely getting off easy. Hard time AT THEIR EXPENSE (can't let them fraud the public twice!)
"we stole from our customers for years and all we have to do is pay some of them back, even though its a bit more. Oh woah is us. Here... take my wrist and slap it!"
I wish I had Citicard to cancel right now.
Simply put, these folks are criminals.
The jerks who cooked up that idea should have their testicles forcibly removed using spoons. to think I once almost applied for a job working under under the citi umbrella. glad I decided otherwise.
should be sending many executives to federal pound-you-in-the-ass-prison.
One count of theft for EVERY time they took money from any account.
Isaiah 5:20 "Woe to those who call evil good, and good evil; Who substitute darkness for light and light for darkness; Who substitute bitter for sweet and sweet for bitter!"
Wow, I sure wish I could steal money and only get a slap on the wrist for it.
This is disgusting. Why the hell aren't they being sent to prison?
This stuff is not new. It was perfected in Vegas by the Mafia, and the practice is called 'skiming'. In every way the modern banking system is showing us that the Mafia are pikers. I like the bit about taking money from their clients, a mater of policy and not law. I wonder if the same claim would work for your run of the mill bank robber?
If a corporation fraudulently steals from its customers/investors/employees, the top 10 highest ranking executives should be thrown in prison for a month per dollar stolen. And the fine for the corporation should be $5,000 per dollar stolen.
I find this absolutely disgusting. But I find Chase and BoA even MORE disgusting, so that's the reason I'm not taking all my deposits out.
Yeah, about that interest. I hope it's 10% annual, not total. And compounded.
@Snarkysnake: Sorry, McBama will not ease your pain. Both of these folks were bought and paid for long ago.
Bills in congress to prevent this kind of thing, and other thuggery by banks die on the vine, as these 'representatives' know where their real money comes from.
What does the federal gubbamint (OCC) do in cases like these? What does the OCC do PERIOD except stop states from going after banks, as that is the purview of the OCC (to sit by and laugh along with the CEOs).
sound's like superman two
Yes, it's probably 10% APY.
I had a settlement go my way with regards to mortgage protection payments (even the name sounds Mob-worthy) and the bank is repaying my principal plus 8% "simple" interest per annum.
That means my first payment earns 8% per year for the 5 years that have elapsed, my thirteenth earns 8% for 4 years, etc.
I'm still waiting for the bank to confirm my big fat check though.
Every one of the rat bastards who knew of this at Citi should be tried for Grand Larceny or accomplice to it. If I ROB you of the same amount of funds I get charged with a Felony.
I wonder how much of this settlement has to do with the fact that Citibank is now the US Government's Official Travel Card (as of 30 November). A lot of people overpay their accounts and run a positive balance on their travel cards since being in default by even $0.01 on your travel card will alert multiple layers of supervisors; especially in the military.
It's comical the things some companies do, no reasonable person would EVER think this is legitimate but they do it anyway. Ridiculous...
Thank God only Citi Bank was doing this!
Holy crap.
Dang! I wondered why my Citibank account never balanced in Quicken...
@doctor_cos: The way I see it, you have two options. 1) Take it, or 2) Get in on the action. Politicians will never stop these corporations, and people are too frightened/pacified to rise up in a massive riot. Sure, you can take your money elsewhere, but how do you know the next company isn't going to pad their pockets at your expense down the road?
Isn't this what the RICO laws are for? This is an organized crime conspiracy.
Jail time is warranted.
And, yet again, thanks goes to the Consumerist for pointing this out. Thanks to you fine fellas (and gals), I will not be had by Citi's underhanded tactics. I would only bank with these bastards out of necessity, or a psychotically beneficial interest rate.
those bastards.