NYC grandma, 86, loses $700K savings in scam — now she’s suing Bank of America, Merrill Lynch for negligence

An 86-year-old woman who lost everything in a sophisticated scam is taking two of America's largest banks to court.
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The fraud began in August 2023 as fear masqueraded as urgency. Pop-up warnings began flashing on 86-year-old Nina Mortellito’s computer screen, claiming her bank account had been hacked. What followed was a months-long story of manipulation that ultimately wiped out $700,000 of her life savings.

The Upper East Side resident, who suffers from age-related memory loss, was persuaded to make a series of withdrawals over nine months that were considered a “custodial” act, according to a lawsuit filed against Merrill Lynch in Manhattan Supreme Court.

It was very out of character for Motelito to withdraw so much at once. In more than 30 years, she has never withdrawn more than $5,000. Her niece was even added as a co-trustee in 2022 to provide oversight and financial security. Although the withdrawal was out of character for Motelito, the bank never raised red flags.

“We are very disappointed that the bank did not act according to reasonable professional standards,” Motelito’s nephew Stephen Kuhn told the New York Post. (1) “We have no choice but to file this lawsuit, which we hope will bring about real changes to the bank’s policies and procedures, reducing the chance of this happening to others.”

But who is really at fault?

According to court documents, Motellito was deceived into believing that her savings were at risk and the only way to protect them was to exchange everything for gold bullion. Over several months, she withdrew about $275,000 from her Merrill Lynch account and wired another $150,000 from her TD Bank account to a gold dealer in Texas.

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The complex scam doesn’t stop there. She also mailed a check for $30,000 and withdrew more than $100,000 from her UBS account at the scammer’s instructions, the lawsuit states.

These are not just retractions – they are acts of trust in those who say they have our best interests at heart. This is the power of imposter scams. Criminals will pretend to be someone else for just long enough to make you feel safe.

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