Lawsuit: Schwab, BofA Failed to Protect Older Couple Scammed Out of $18.5M

News October 24, 2024 at 03:24 PM
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What You Need To Know

  • The scam allegedly involved wiring funds to a crypto exchange, where the money was quickly withdrawn.
  • The couple say a fraudster knew details of their Schwab holdings and gained their trust.
  • The couple allowed the scammer access to their computer, the suit alleges.
The rear view of a person in a hoodie, working on a computer.

An elaborate scam targeting an older California couple drained more than $18.5 million from their investment and bank accounts and funneled it to a cryptocurrency exchange, where it then disappeared, according to a lawsuit alleging Charles Schwab Corp., Bank of America and Unchained Trading failed to protect the pair.

Lawrence Liu, 84, and his wife, Ling-Ling Liu, 76, contend their "stable, unassuming life was thrown upside down in mid-2024 when a series of cataclysmic events sent them into peril," according to a civil lawsuit filed Wednesday in U.S. District Court for Northern California.

In July, a scammer liquidated from the couple's Schwab portfolio numerous long-held stocks and then, over a few months, prompted over $29.5 million to be transferred from their accounts to outside financial institutions, the lawsuit alleges.

The scam also involved $22 million in transfers from the Lius' Bank of America account to Unchained, where $18.5 million was converted to bitcoin and quickly withdrawn, the lawsuit contends.

"This case arises from the calculated and devastating abuse of vulnerable elders, committed by financial institutions that are required to — but which failed in this instance to — prevent the very type of anomalous and suspicious fraudulent activity visited upon" the suburban Los Angeles couple, the complaint alleges.

They seek compensatory and punitive damages against the institutions for the "grave economic harm" they've suffered, according to the suit.

The Lius held accounts at TD Ameritrade, now part of Schwab, for decades, crafting "a sizeable investment portfolio valued at tens of millions of dollars that belied their very modest lifestyle," the complaint states.

In May, their accounts were transitioned to Schwab following Schwab's TD Ameritrade acquisition, according to the lawsuit, which suggests that a "Charles Schwab insider" — potentially a TD Ameritrade employee or employees who transitioned to Schwab — violated the couple's trust.

In July, while checking on the couple's accounts on the Schwab website, Lawrence Liu received a pop-up message on his computer warning that the accounts had been compromised and were under attack by an unknown source, the complaint contends. The message instructed him to contact Schwab to secure the accounts, the suit says.

That day, Liu communicated with someone identifying himself as a Schwab representative who discussed the couple's holdings, "providing confidential information that only an insider at Charles Schwab would know" about the Lius and their investments, according to the complaint, which calls this person the "Schwab Threat Actor."

The Lius don't know whether the scammer is a Schwab insider, working with Schwab insiders or whether Schwab or predecessor TD Ameritrade suffered an undisclosed data breach akin to a publicly announced August 2023 Schwab/Ameritrade breach that occurred as the companies transitioned millions of confidential client files, the suit says.

"What is known, however, is that the Schwab Threat Actor had an astonishingly accurate amount of confidential information about Plaintiffs and their holdings at Charles Schwab which, upon information and belief, would require inside access to Charles Schwab's files and client databases," the lawsuit contends.

Liu and the scammer engaged in several phone calls focused on what purportedly had to be done for the couple to safeguard their holdings, the suit contents, alleging the threat actor said the Lius needed first to all transfer out all their Schwab account assets.

Because they were longtime Ameritrade customers and trusted Schwab, Liu did as instructed to protect the portfolio, the complaint contends. The scammer gained Liu's trust and the couple allowed him to access their computer, after which the scammer linked their Schwab and Bank of America accounts and transferred some funds, it says.

The scammer also persuaded Liu, who had never invested in cryptocurrency, to open an account at Unchained, then linked the couple's Bank of America account and Liu's Unchained account, the complaint alleges.

The lawsuit also details numerous transfers from the Lius' Schwab holdings to their outside accounts at various banks.

When the Federal Bureau of Investigation intervened in September, the Lius received a return of the cash balance in Lawrence Liu's Unchained account, but by then they'd lost at least $18.5 million, the lawsuit alleges. They seek return of those funds and tax liabilities generated by the scam, among other damages, the lawsuit states.

The Lius, among other claims, allege elder abuse, gross negligence and unfair competition law violation against all the defendants and electronic transfer law violations against Unchained.

The lawsuit contends the claims are similar to those in another case recently filed alleging Schwab failed to protect a 91-year-old client from scammers who drained over $278,000 from her accounts.

"We sympathize with the Liu family, and we hope the criminals who stole their money are brought to justice. But the allegations in the complaint cross the line from advocacy to outright falsity," a Schwab spokesperson told ThinkAdvisor by email Thursday. "No one from Schwab was involved in any of the alleged actions. The Liu family authorized every wire that left Schwab, and each wire went to an account that the Liu family controlled."

A person familiar with the matter said the case is a common tech support-type scam that didn't involve a Schwab insider, and that the Lius weren't involved in any August 2023 data breach. Following the fraud, Schwab contacted local police, who have said they contacted Liu and he refused to cooperate, the person said.

Bank of America had no comment on the case and Unchained did not immediately respond to an email seeking comment.

Image: Adobe Stock

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