Frozen or stolen? BofA customer struggles to get money back

- Key insight: A gold dealer’s 18-month ordeal reflects the few protections customers have when banks decide to freeze or close their accounts.
- Supporting data: Kyle Horn’s account had a balance of $49,527 when Bank of America froze it in April 2025.
- Expert quote: “If [Bank of America] is right, every bank may take a customer’s money, decline to investigate, and hide behind fine print indefinitely and without consequence. And if a lawsuit like this one cannot stop it, nothing will.” — Georg Capielo, attorney for Bullion Standard
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Early on the morning of March 11, 2025, Kyle Horn woke up to a text message saying his bank account contained less than $100. Concerned, he signed into his
“I panic and I’m screaming and I’m yelling to my wife, ‘Oh my God, what’s going on?'” Horn, the owner of the precious-metals dealer Bullion Standard in San Diego, California, recalled to American Banker.
He ran downstairs to his home office and began frantically calling
Eventually, Horn said, he reached
This was the beginning of a long ordeal that Horn said would ultimately shut down his store for weeks, cost him an estimated millions of dollars in sales, ruin valuable business relationships and shutter a bank account that held about $50,000. In April 2025 Horn sued
“If [
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It’s a case that raises a number of difficult questions: How much legal leeway do banks have to freeze or close their customers’ accounts? What rights do those customers have? And when a business is unwittingly used as a pawn in a scam, should it be liable for what was stolen?
“It’s not like they have these really hard-and-fast duties,” Ricky Sluder, head of fraud solutions at the anti-money-laundering software company Quantexa, said regarding businesses’ obligations to block scams. “It gets a little muddy.”
The freeze sets in
For almost a week after seeing his negative balance, Horn said, he spent hours every day on the phone with
“All the while, we are completely shut down, because 85 to 90% of our business is wire transfers to pay for these very large orders,” Horn said. “And without that capability we’re dead in the water.”
On March 17,
But the relief did not last long.
“Everything seemed to be okay,” Horn said. “And then 10 days later, boom!”
On March 27, Bullion Standard’s account was frozen. In a letter,
Then, on April 1,
“At this time, any remaining balance won’t be returned to you,” the bank wrote in an April 9 letter.
Once again, Horn and his staff began furiously calling
“Everybody had a different answer,” Horn recalled. “And our business is shut down again. We’re just sitting back, watching it all burn down to the ground.”
At that point, Horn applied for an account at another bank, but the application process took weeks. In the meantime, he said, Bullion Standard couldn’t pay its bills. It couldn’t take new orders. Its platinum customer was furious. And on April 2, 2025, it missed out on a historic opportunity for the precious metals industry, when President Trump announced a raft of new tariffs that sent gold prices
“I estimate, just based on all the emails and customer calls we fielded, that we missed out on in excess of $8 million of bullion business during those two weeks,” Horn said.
Exasperated, Horn filed suit against
The bank’s side
In its own defense,
“You or we may close your checking or savings account at any time without advance notice,” the contract says.
Horn’s lawyers have called this an effort to use fine-print terms and conditions as cover to “steal” a customer’s money.
But bank advocates say lenders have not only a right to close accounts, but often a responsibility to do so. Under numerous anti-money laundering and anti-terrorism laws, banks and credit unions are sometimes legally obligated to shut down accounts when a crime is suspected.
“Such decisions are never random, rash or automatic,” Heather Trew, a senior vice president at the American Bankers Association,
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“I don’t have the facts, but I don’t think they’re just going to do it willy-nilly,” said Sluder, who previously worked as an FBI investigator. “My guess would be that they are following their internal bank policy under what might be a suspicious transaction, or law enforcement has guided them to freeze that account pending the outcome of a criminal investigation.”
To Horn and his lawyers,
“We’ve all read the deposit agreement,” Horn said. “The only thing it says is, ‘If we close your account, we can freeze it.’ That’s it. It doesn’t say indefinitely. It doesn’t say for 18 months. It doesn’t say under what circumstances.”
As of October, after multiple motions by
If it does, and if Bullion wins, Horn hopes the impact will go beyond just his business. In addition to the damages he’s seeking, he’s hoping the case will spur new legislation to protect customers’ rights in cases like his. Among the hoped-for measures are new call centers specifically for questions about closed or frozen accounts, as well as a 14-day limit on the investigations of them.
“This is no longer about a $50,000 freeze,” Horn said. “I want banking reform, so this can never happen to somebody again.”