An elderly woman from the Upper East Side has lost her entire life savings to an online scammer, and she’s now suing her bank for negligence.
The troubling situation began in August 2023 when 86-year-old Nina Morterito’s computer displayed a pop-up message falsely alerting her that her bank account had been compromised, as stated in a lawsuit filed last Friday in Manhattan Supreme Court.
For several months, Morterito, who has been experiencing some memory issues due to age, was persuaded to withdraw around $700,000 by the scammer. The plan involved sending money off for “storage,” according to court documents.
Morterito reportedly withdrew $275,000 from her Merrill Lynch account and sent it to the fraudster. She was led to believe that the money needed converting into gold bullion for protection, prompting an additional $150,000 transfer from her TD Bank account to a dealer in Texas.
The lawsuit claims that the elderly woman also mailed a $30,000 check and took out over $100,000 from her UBS Bank account.
Interestingly, she had not made any withdrawals of more than $5,000 in her TD Bank account for more than three decades, making these transactions particularly suspicious, according to the lawsuit. Despite this, the bank did not take action or raise any alarms.
The bank was aware of her susceptibility to fraud and had even added a trusted relative as a joint account holder in April 2022 to provide closer monitoring, as per court documents. Yet, no warnings were issued regarding the unusual activity.
The lawsuit emphasizes the disappointment in the bank’s apparent failure to adhere to reasonable standards of care. Morterito’s family expressed that this legal action aims to not only seek justice but also hopes to instigate changes in banking practices to better protect others.
Following the scam, Morterito has been unable to enjoy activities she once loved, like theater outings and dining with friends. Her family mentioned that she has been grappling with feelings of guilt since falling victim to the fraud.
Morterito and her legal team are seeking unspecified damages from the bank, holding it accountable for negligence.
“Banks must implement proper safeguards to protect their customers, particularly seniors who are targets for online scammers,” stated Robert Georges, Morterito’s attorney. He added that they are determined to hold financial institutions accountable for their failures.
When contacted, Bank of America did not provide a comment. UBS Bank declined to remark, and TD Bank did not respond to inquiries.
