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From the Metro staff at The Boston Globe

Alleged $330K scam targeted 92-year-old man

November 12, 2008 03:39 PM Email| Comments (29)| Text size +

By John R. Ellement and Andrew Ryan, Globe Staff

They allegedly bilked nearly $330,000 from the bank accounts of a sick 92-year-old man.

But that, apparently, was not enough, according to prosecutors.

The couple -- a personal banker and his girlfriend -- trekked to Michael Kostecki's hospital room and allegedly tried to steal $5,000 in cash he had brought with him to Beth Israel Deaconess Medical Center, a prosecutor said today in West Roxbury Municipal Court.

Despite a letter signed by Kostecki granting the girlfriend power of attorney, hospital officials refused to give the couple the elderly man's last scraps of cash. The hospital notified Citizens Bank, which launched an investigation and told the Suffolk District Attorney's office.

The personal banker, Rodolfo Bonilla, 44, pleaded not guilty today to six counts of larceny over $250 from the elderly or disabled. Prosecutors also plan to charge the girlfriend, Tammy Lewis, 39, who is being held in another case in which she is accused of a defrauding a Connecticut man of $150,000.

Bonilla had been Kostecki's longtime banker at Citizens Bank in Jamaica Plain. He has since been fired from the bank.

Defense attorney Sarah McClean disputed the prosecution's facts today in court, saying that Bonilla and Lewis were not romantically involved but merely neighbors in Jamaica Plain. None of the checks drawn from Kostecki's accounts were in Bonilla's name, McClean said, and he did not benefit from any of the money.

"These are very serious allegations, but there are two sides to the story," McClean said, adding that Kostecki asked for Bonilla's help with his finances.

Assistant Suffolk District Attorney Gerald B. Ogus said that Bonilla was a customer service representative at the Citizens Bank branch on Centre Street. Kostecki, who turned 92 today, went to Bonilla for help with routine banking matters.

After being hospitalized May 13, Kostecki signed a letter that gave Lewis power of attorney over his financial affairs. Prosecutors say Kostecki did not have the mental competency to make that decision, a claim that the defense rejects.

Bonilla allegedly accessed Kostecki's bank account 68 times between July 1 and Aug. 13 and issued a $304,806.59 check, which closed the account. According to a police report, the check was made out to Lewis, who was described as his live-in girlfriend. After law enforcement contacted Lewis, the check was returned uncashed through her attorney. Prosecutors allege that Bonilla and Lewis also stole $25,000 that Kostecki had in another account in Mt. Washington Bank.

Bonilla was arrested today at his home in Jamaica Plain. He was ordered held on $100,000 cash bond.

Lewis is being held on $100,000 cash bond for the fraud case involving the Connecticut man. According to court documents, Lewis is accused of bilking $150,000 from Michael Bellaria, 53, of Old Lyme.

Working as a temp at an investment firm in the Financial District, Lewis allegedly convinced Bellaria to wire her money in September 2007 for specially priced stock, which was never purchased.

"When the victim confronted the suspect about the money, the suspect said [too] bad, it's all gone," according to a police report filed in West Roxbury Municipal Court.

Lewis was arrested in September 2008 while driving a Mercedes-Benz ML sport utility vehicle, which was seized by authorities.

Investigators are trying to determine whether there may be more victims, prosecutors said. They urged anyone with concerns to contact the Suffolk District Attorney's Special Investigations Unit at 617-619-4013.

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29 comments so far...
  1. Nice, trust your local bank, RIGHT, t hey steal from your customer accounts and then they go to Uncle Sam and steal your money again

    Posted by jim November 12, 08 11:30 AM
  1. Did he really think that a $304,000 check wouldn't throw up red flags?

    Posted by dr12487 November 12, 08 11:35 AM
  1. Apparently Citizens Bank has a culture of fraud and corruption. Remember back to those worthless annuities that they sold to senior citizens a few years ago. They were sanctioned by the state ! Time to close these crooks up !
    Or, at least take your money out and tell your friends !

    Posted by HarveyW November 12, 08 11:36 AM
  1. Its not your typical bank

    Posted by wesley80 November 12, 08 11:53 AM
  1. ...they do offer free checking for life....

    ....I wonder why.

    Posted by notjim November 12, 08 12:16 PM
  1. Hmm.... I work at a bank as well. Guess I better quit taking out those millions from our rich old Jewish customers then. The fuzz is onto us! Time to take my stolen funds with me to the Bahamas. ;)

    Posted by DI$CO November 12, 08 12:19 PM
  1. What a shame! Where are his morals???

    Posted by helle November 12, 08 12:24 PM
  1. I'm a recent victim of fraudelent charges on my account through citizens bank and I have a strong suspicion they themselves were involved somehow. someone gained access to my debit card # and expiration date, made up a card and then made a purchase in SPAIN! The frustrating part about it is....this individual was able to exhaust my LOC and beyond....I'm just curious, how is this possible??? What is the purpose of having a limit? and to top it off, it is taking almost 3 weeks to straighten it out with them.

    Posted by KAY November 12, 08 01:02 PM
  1. The Globe Spotlight Team, if they still exist, should be all over predators of the elderly. This is the scandal of out times yet remains the best kept secret. My 84 year old mother inlaw was recently bilked of $30,000 by a telephone scam artist (Jamaican area code) promising her millions. She left money in designated locations and never even met the man. When we reported this to the police they said this is a widespread problem that continues to grow.

    Come on Globe, get on this and really get the word out. Also put some heat on law enforcement to really dig into this problem.

    Posted by Steve November 12, 08 01:18 PM
  1. not all bankers are bad. I have citizens bank and i like it. Just because you have one bad apple, not all are bad ok. from, pam in lynn, mass

    Posted by samoy2e November 12, 08 01:24 PM
  1. To #2: You're absolutely right...any REAL banker knows that a check over $10,000 immediately gets notice from the Feds and IRS.

    Posted by Courtney O'Keefe November 12, 08 01:30 PM
  1. Part of this is because RBS Citizens push their employee to the limit, SAD

    Posted by Cheo November 12, 08 02:07 PM
  1. Citizens means citizens.....senior citizens or any citizens can be bilked by this insitution. This kind of personal behavior, by a bank officer disgusts me. They ought to throw him and his girlfriend in state prison and throw away the key. Of course, they'll get quick parole, that's if they ever see jail time. This white collar crime is universally tolerated, as long as the bank makes "resitituion". The perpertator will, probably, never pay a dime. He probably spent it already.

    Posted by willard November 12, 08 02:27 PM
  1. how low can u go. to steal from a 91 y.o man. throw the book at these two.

    Posted by disgusted November 12, 08 03:58 PM
  1. Forget about the bank itself! It was the 2 bankers who are responsible for defrauding the 2 seniors. They need to be imprisoned until they are both 92 years old, after they've paid back the money they stole.

    Posted by Archimedes November 12, 08 04:19 PM
  1. This article did not elaborate on Lewis's relationship with the 92 year old man. Why was she given Power of Attorney? Who is she to him? Why wasn't it granted to a family member? Was she posing as some financial advisor?

    Posted by Tiffany November 12, 08 05:40 PM
  1. The Citizens Bank should have some liability for the actions of one of their trusted employees.

    Posted by Hank November 12, 08 05:45 PM
  1. Citizens Bank outright SUCKS! I had a checking acct there a few years ago. I wrote 10 checks one night to pay some bills, and unfortunately the total of my 10 checks overdrew my account by about $10. Instead of CB charging me their std $35 fee for the one check that overdrew the account, they instead charged me $35 for every one of the 10 checks I wrote, even though 9 or them cleared. I didn't find out until the SOB's deducted $350 from my account on my next direct deposit. When I tried to get the fee for the 9 checks that cleared returned into my account, they basically told me to take a hike, because their policy is that any check that overdraws an account on any given day causes all of the incoming checks to be charged an overdraft fee. BANDITS! REMOVE YOUR MONEY OUT OF SHODDY AND CORRUPT CITIZENS BANK ... CLOSE YOUR ACCOUNTS WITH THEM BEFORE THEY SHAKE YOU DOWN FOR YOUR CASH AS WELL!!!!!

    Posted by Joe November 12, 08 06:12 PM
  1. My brother was hospitalized and unable to speak due to his illness. He was seperated from his wife at the time. He was worried that his x would clean him out while he recovered, as she had his PIN number. I went to Citizens to advise them of this, explaining the situation. They told me to beat it, well wouldn't you know it, the next day, his x clean him out. We went to Citizens bank after he got out of the hospital, to advise them of the fraud, and they basically said there was nothing they could do about it as she had the PIN number.
    I manage some trust funds for my family and immediately withdraw all the money and put it in another bank. I would rather stuff money under my bed then trust Citizens.

    Posted by sophron November 12, 08 07:52 PM
  1. What's the difference between these two crooks and the goings on of our illustrious state politicians, Diane Wilkerson and Salvatore DiMasi! If I was accused of income tax evasion as was Wilkerson several years ago, I would have been thrown in jail. As for DiMasi, let's wait and see what this sleeze bag is guilty of.

    Posted by Bob November 12, 08 07:53 PM
  1. The average RBS Citizens Bank employee lasts 2-3 years before they get mentaly ill due to the stress they build into their employees... "C.R.E.D.O." working for a greedy bank a person can also become greedy!!!

    Posted by Cheo November 12, 08 08:29 PM
  1. The bank prides it self on its “CREDO” (highlighted below) which is not demonstrated in the branches, and is nothing more than a cover up.
    Our Credo
    The accomplishments of Citizens Bank can certainly be attributed to smart business strategy and organic growth, but we also believe in something special: Our Credo. We often refer to the trilogy of Customers, Colleagues and Community as the “Three Cs”:
    • Customers: “Hug…”
    • Colleagues: “We want our company to be the best place to work in the world. The environment will be extraordinarily caring, like an extension of your own family. We will be supportive in time of personal difficulty, create opportunities for professional growth, and always make an effort to listen and act on your ideas. Every colleague will be treated with dignity and respect at all times.”
    • Community: “We ….”
    The daily pressures that are put upon the “colleagues” on opening new accounts force questionable moral because employees tend to open shell accounts or accounts that customers do not need when sales are down. In the event that an employee is not opening accounts as required they are written up and or terminated. So moral is frequently moved aside to keep a person from getting fired. The goals are completely unrealistic and these shell accounts that employees open are usually not in the customer’s best interest and are not even profitable for the bank. I am currently working for a smaller bank, I love the company and the challenges it brings me every day. The words that are in Citizens Credo I now experience daily. I left RBS Citizens 4 months ago and people and since then people are still getting fired regularly for not meeting their goals or for opening needless accounts that customer don’t need to meet their goals. On average Citizens bank customers have 2 to 5 checking accounts that are opened just to help the bank employee. They use to put the same pressure on us to sell investment products until they got sued and lost. What does it take to for a large company like RBS Citizens to be more compassionate of their employees and really practice what they preach “The CREDO”? I think someone really needs to do a favor to society and help a company like RBS Citizens realize that their employees are not machines. These colleagues that Citizens “cares some much about” are getting sick, such as having strokes, becoming depressed, gaining weight and all types of illnesses that come from stress and being over worked. I am not trying to put the company down, however, with the economy where it is today job security is definitely an issue. Colleagues deserve to live the Credo everyda

    Posted by Cheo November 12, 08 08:36 PM
  1. He is a sad example of people who take advantage of the most vulnerable citizens but he does not represent the entire banking community nor banking institutions. I have been in banking for 18 years and find Rudolfo's behavior repugnant and immoral.

    Posted by Jane November 12, 08 09:47 PM
  1. I've read the previous comments, and can appreciate the overall dissatis- faction. Even so, I would like to express a view based on my personal experience as a Citizens Bank customer for several years. On several occasions Mr. Bonilla handled various and complex banking matters for me. He was knowledgable and thorough. He was thwarted in obtaining a promotion, lacking the requisite formal education to advance. I encouraged him to return to school part-time to earn a bachelor's degree. If convicted, he undoubtedly would agree that would have been the better course to take..

    Posted by DL November 13, 08 01:16 AM
  1. I dont thrust any banks cause they are the biggest crooks out there they take your money and when there is an illlegal activity in your account and you tell them about it they blow you off but when someone else is trying to steal your money they give it to then right away with no questions ask so who are you to thrust

    Posted by wally November 13, 08 11:06 AM
  1. Good job by BI to identify and report these crooks.

    Posted by justthinking23 November 13, 08 12:50 PM
  1. Citizens puts unreasonable sales demands on it employees forcing them to choose between getting fired for unsatisfactory results or producing fraudulent results. Citizens Bank has been losing employees by the truckloads. Anyone who has other options is leaving. It didn't used to be that way. The people in the branches have been disempowered from most things that keep customers satisfied. Their operating systems are antiques that are not capable of supporting the number of customers they have and continue to seek. People are rewarded only for their sales results, with little concern given to how those results are achieved. If this banker was attempting to defraud an elderly man, then he should be prosecuted to the fullest extent of the law, no excuses. But a corporate culture that gives employees few alternatives other than fraud is a problem!

    Posted by pity_them_all November 13, 08 01:47 PM
  1. The unreasonable sales demands and horrific culture at Citizens are the fault of one greedy individual, Mr. Larry Fish. His Credo as you have read previously is hypocrisy. Hug the customer? Yes, as long as you are rifling through their pockets. He instilled this culture in order to get his contractual incentive payouts, more than the RBS CEO by the way.

    Mr. Fish may want to play philanthropist but let it be known he is spreading the wealth… The wealth that was made of under paying and over taxing great employees and policies designed to drain his customers.

    One last little nugget of knowledge about Mr. Fish, look carefully at his resume… The man has failed his way to the top and Citizens was his crowning achievement. The difference being this time he saw the writing on the wall and got out before his house of cards came down.

    Posted by Fishing for $$$ November 14, 08 08:36 AM
  1. Very Sad. Rudy also handled banking matters for me. He seemed to be the only one in the branch that knew what he was doing as the manager is never there or knows what she is doing. I do know that he was turned down numerous times for promotion. I'm hoping this is not true.

    Again, very sad. I guess he just decided to quit the honest way.

    Posted by V November 22, 08 07:16 PM
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