Gary Cunningham, a 76-year-old man, has decided to represent himself in a federal case against his bank, PlainsCapital, alleging that $20,000 was fraudulently transferred from his account.
Cunningham claims that criminals hacked into his email, cloned his voice using AI technology, and convinced his accountant to redirect a routine business transfer to a new bank that he had never heard of, Pathward N.A., located in North Dakota.
“She was convinced it was me talking to her—but I didn’t—I was on a plane to Chicago. There’s no way that was me,” Cunningham stated, expressing disbelief over how easily the criminals managed to carry out their deceit.
Every month, Cunningham says, he has a $20,000 transfer from PlainsCapital Bank to his Chase account. However, the hackers allegedly intercepted this transaction, causing significant financial distress.
Having filed a police report with the West University Police Department, Cunningham acknowledges that while detectives have been proactive, the reality is that criminals like those targeting him are rarely caught.
His research led him to discover that many senior citizens are targeted by con artists, and the Federal Bureau of Investigation estimates that $3 billion a year is lost to elder fraud.
“They’re scamming a lot of the elderly who don’t have the means to defend themselves,” he lamented.
The rise of AI technology used in voice cloning has also become a growing concern, with experts warning that such crimes may escalate. Dr. Patrick Dicks, an expert in automation and AI, stated, “Those numbers are going to continue to grow and these are people from all over the world doing this. It’s not just domestic; it’s international.”
In light of this situation, Cunningham is pursuing justice through his lawsuit, a remedy he feels is often unattainable for many victims.
On June 5, he filed a federal complaint with the Southern District of Texas against PlainsCapital and Pathward N.A., alleging that both institutions should have implemented better protections against this type of fraudulent activity.
“I believe I have enough information here to force the banks to do something different because they were negligent—grossly negligent,” he explained, emphasizing the urgency of his plea for action from financial institutions.
Despite not being a lawyer, Cunningham has successfully initiated his lawsuit and both banks have been formally served.
While his primary goal is to recover his lost money, Cunningham is equally motivated to protect others from falling victim to similar crimes.
“I’m hoping there will be enough pressure and understanding from the institutions and the banks that something can be done—I’m telling you that from the heart, that’s the truth,” he said earnestly.
When questioned about how he plans to handle this legal undertaking alone, Cunningham cited his late wife as a significant influence.
“My wife taught me how to do this stuff,” he remarked.
With support from a few lawyer friends, he was encouraged to file the suit pro-se.
Cunningham anticipates spending about $1,000 on the case, a much lower amount than what he would have spent on legal representation.
“I, at least, have enough knowledge to be dangerous, and I don’t want to be dangerous; I just want to be informed enough,” he concluded, expressing confidence in his ability to navigate the legal system.
“If I’m not [effective], I’ll fall on my face. That’s okay, I’ve done that before too,” he added lightheartedly.
When asked why he chose to handle the case on his own, he stated, “Attorneys—when I’ve learned from the best—they just don’t intimidate me.” With a smile, he added, “My wife did intimidate me though! I want you to know that,” showcasing his resilience and sense of humor amid challenging circumstances.
While PlainsCapital has stated that they do not comment on pending litigation, Pathward N.A. has not responded to inquiries.
Cunningham’s story highlights the pressing issue of fraud affecting senior citizens and the essential need for stronger protective measures within financial institutions.
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