Former TD Bank branch manager James Gomes will serve 13 months in prison for stealing money from a terminally ill customer. Photo credit: Rocket Reach.
James Gomes, 43, a former TD Bank branch manager from New York, was sentenced to 13 months in prison, followed by 3 years of supervised release, for misusing his position to steal hundreds of thousands of dollars from a terminally ill customer, according to a DOJ press release.
The sentence comes after Gomes admitted to his crimes on May 16 and pleaded guilty before U.S. District Judge Esther Salas in a Newark federal court, according to a May 16 DOJ press release.
Wire fraud affecting institutions carries a maximum penalty of 30 years in prison and a fee of $1 million. Gomes, however, was sentenced to only 13 months in prison plus a three-year period of supervised release, according to his sentencing documents.
Gomes, who lived in Queens Village, N.Y., worked at TD Bank, an international banking institution. One of his customers, identified in court paperwork as “LK,” from Fort Lee, N.J., had a savings and checking account at the financial institution Gomes managed, according to court documents.
On Jan. 17, 2020, Gomes began using his position as branch manager to access LK’s bank accounts without permission, prosecutors say. On March 6, 2020, Gomes created a false email address containing LK’s name, and three days later, on March 9, Gomes enrolled LK’s bank accounts into the financial institution’s online banking platform without permission and connected the false email account and his personal phone number.
Between March 12, 2020, and April 6, 2020, Gomes transferred about $208,938.68 from LK’s bank accounts to his personal accounts at other institutions, his personal investment account and a telecommunications provider, according to the information documents.
To cover up the scheme, Gomes sent emails from the false email account to himself at the financial institution to make it look as if LK was corresponding with Gomes, prosecutors say. Even after LK’s death on April 5, 2020, Gomes sent himself an email on April 6, 2020, from his false email account pretending to be LK.
If you spot suspicious activity on your bank accounts, including transactions you didn’t authorize, report it as soon as possible to your bank and file a complaint using the information found on the Office of the Comptroller of the Currency site.
Monitor your transactions closely and regularly.
The financial institution, TD Bank, fully reimbursed LK’s estate, but Gomes has been ordered to forfeit and pay restitution amounting to $208,938.68, according to the plea agreement.
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