DEMAND FOR RETURN OF $8,000 – 11 LEGAL CLAIMS & REGULATORY VIOLATIONS** **To**: [email protected], [email protected] March 9, 2025 **Dear BMO Legal Department and CEO Darryl White**, This email constitutes a formal **demand for the immediate return of $8,000** wrongfully withheld by BMO Bank. Your actions violate **federal and state laws**, **charitable trust protections**, and **basic contract principles**, as detailed below: ***Factual Background*** I deposited a **$10,000 personal check** to fund a new account at BMO’s San Francisco branch as a charitable donation for **Empowering Change**, a 501(c)(3) nonprofit. BMO employees assured me the account was operational and provided a debit card, creating an **implied contract**. Despite this, BMO later refused withdrawals, claiming the account could not be opened. Upon closure, BMO returned **$2,000 in cash** but issued an **$8,000 cashier’s check** payable to a non-existent financial entity (Empowering Change has no valid bank account). ***Legal Basis for Demand*** 1. **Breach of Contract** (Restatement (Second) of Contracts § 2): BMO failed to honor its implied agreement to provide a functional account. 2. **Unjust Enrichment** (Cal. Civ. Code § 1606): BMO retains $8,000 without legal justification. 3. **UCC Violations** (UCC § 3-412): The cashier’s check is unenforceable due to failure of consideration (no valid account existed). 4. **UDAAP Violations** (15 U.S.C. § 45): BMO’s misrepresentation about account accessibility constitutes an **unfair/deceptive act** under the FTC Act. 5. **California Unfair Competition Law** (Cal. Bus. & Prof. Code § 17200): BMO’s conduct is unlawful, unfair, and fraudulent under state law. 6. **Charitable Trust Protections** (Cal. Prob. Code § 15100): Funds earmarked for a 501(c)(3) must return to the donor if the purpose fails (IRS Publication 526). 7. **Negligent Misrepresentation** (Restatement (Second) of Torts § 552): BMO employees’ assurances about account functionality were reckless and false. 8. **Conversion** (Cal. Civ. Code § 3336): BMO unlawfully retained funds belonging to me. 9. **Electronic Fund Transfer Act (EFTA)** (15 U.S.C. § 1693): BMO must refund funds via electronic transfer (original deposit was processed electronically). 10. **Truth in Savings Act (TISA)** (12 C.F.R. § 1030.4): BMO failed to disclose account restrictions. 11. **Breach of Fiduciary Duty** (Cal. Prob. Code § 16000): BMO violated its duty to safeguard funds during account setup. ***Demand*** Return the **$8,000** in unusable retained funds to me, the donor, **within 10 business days** via **ABA wire transfer** to the Vanguard investment account from which the check was drawn: - **ABA Routing Number**: [Your Routing Number] - **Account Number**: [Your Account Number] Failure to comply will result in: 1. Federal complaints to **CFPB** for UDAAP violations, **OCC** for breach of banking regulations, and the **IRS** for mishandling 501(c)(3) funds. 2. State complaints to **California DFPI** for unfair practices and the **California Attorney General** for charitable trust violations. 3. Litigation in **California small claims court** for $8,000 + statutory damages. 4. **Public disclosure** of BMO’s obstruction of charitable funds. **Silence will be deemed an admission of liability. Respond via email ([email protected]) no later than March 24, 2025.** Sincerely, **Rowan Brad Quni** /RBQ/ **CC**: [email protected], [email protected], [email protected], [email protected], [email protected]