Exhibit 4c Bank Return of Funds Compilation Part 3 — Marshall v. Prestamos CDFI, LLC (Dkt. 142-8, E.D. Pa. No. 5:21-cv-04337)

Record facts

U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 142-8 · 2024-10-04 · Docket on CourtListener

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1024 E. Buckeye Rd. Suite 270 I Phoenix, AZ. 85034 
elexis.garcia@cplc.org 
Prestamos CDFI: Financial Solutions By Investing In CommunitiesPrestamos CDFI provides 
businesses in emerging communities access & opportunities to achieve success in the market by 
offering various financial solutjons.prestamosloans.com 
From: Gregg Lloyd <diablotek79@gmail.com> 
Date: Monday, July 25, 2022 at 8:49 AM 
To: Elexis Garcia <elexis.garcia@cplc.org> 
Subject: Re: gregory lloyd/SBA-453824901 O 
Elexis. 
I have just got off the phone with Presamtos, and they have advised me to send you another email, 
hopefully I will get a response this time. 
I notice that my funds were sent back to Pretamos on July 12th from my Capital One account, can 
you now please give me a status update on this. This has now been going on for 13 months! 
I also provided my new address, which is 
 any and ALL mail 
now needs to be send to that address. 
Thank you for your time. 
Gregg 
10 
LLOYD000096 
30
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 1 of 12

Deposition of Gregory Lloyd
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 1 (1)
 1
         IN THE UNITED STATES DISTRICT COURT
         FOR THE EASTERN DISTRICT OF PENNSYLVANIA
 2
 3
ALICIA MARSHALL, et. al.,      )
 4
individually and on behalf of  )
all others similarly situated, )
 5
                               )
        Plaintiffs,            )
 6
vs.                            ) Case No.
                               ) 5:21-cv-04337-JMG
 7
PRESTAMOS CDFI, LLC.,          )
                               )
 8
        Defendant.             )
 9
10
11
12
13
           REMOTE DEPOSITION OF GREGORY LLOYD
14
               Wednesday, July 24, 2024
15
                     Houston, Texas
16
                     9:59 a.m. CDT
17
18
19
20
21
22
Reported By:  TRICIA J. LATHOURIS, CSR, RPR
23
24
31
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 2 of 12

Page 35
 1 you about the status of your loan; is that fair to
 2 say?
 3     A   Well, they can't comment on the status of
 4 my loan because they didn't provide my loan.
 5 They're just the bank that held my funds.
 6     Q   Okay.  So Capital One held your funds;
 7 correct?
 8     A   Correct.
 9     Q   Just so I'm clear on the chain of events.
10         So Prestamos deposited your PPP funds into
11 your Capital One account; right?
12     A   Correct.
13     Q   And then Capital One held onto those funds?
14     A   Correct.  As soon as I woke up in the
15 morning, my account was frozen, unable to use those
16 funds.  The same day it was deposited.  Because
17 deposits go in -- you know, we all know they go in
18 around two, three, four o'clock in the morning.  You
19 got to bed and there's nothing in there; you wake up
20 and your money is there.  So as soon as I woke up,
21 my account was frozen.  Couldn't even use it.
22     Q   Okay.  So let's talk a little bit about
23 that day.
24         Explain to me how you discovered that your
Page 36
 1 funds were frozen.
 2     A   I woke up in the morning to pay a bill.
 3     Q   And was your entire Capital One account
 4 frozen?
 5     A   Yes.  Both my savings and my checking.  My
 6 entire account was closed -- frozen.  Even my own
 7 money that was in there on top of the PPP loan was
 8 frozen.
 9     Q   And what did you do when you discovered
10 that your entire account, including your PPP funds,
11 were frozen?
12     A   Called Capital One.
13     Q   And what did you say to them?
14     A   Why is my account frozen.  I mean,
15 obviously you can't expect me to remember word for
16 word what I did three years ago, but it would have
17 been along the lines of why is my account frozen,
18 what is going on, and then they would tell me why
19 and then thank you very much, I will get in contact
20 with Blue Acorn.
21     Q   Just for my edification, what did Capital
22 One say to you?  And I understand it's not going to
23 be verbatim, your recollection, but to the extent
24 you recall.
Page 37
 1     
 
 
 
 
 
 
         
 
10     Q   Okay.  But it was Capital One that put a
11 hold on your funds, not Prestamos; right?
12     A   It was Capital One that put a hold on it,
13 obviously.  Yes.
14     Q   Okay.  Do you have any reason to believe
15 that Prestamos was responsible for putting a hold on
16 those funds?
17     A   Putting a hold on it?  No.  I think
18 Prestamos is at fault for not assisting getting it
19 back.
20     Q   Okay.  But Prestamos disbursed the funds to
21 your account; right?
22     A   Correct.
23     Q   Mr. Lloyd, do you recall answering written
24 questions in this case prior to this deposition?
Page 38
 1     A   No.
 2     MR. LEDERER:  Objection to form.  Yeah,
 3 objection to form.
 4     MR. GALLAGHER:  I'll clarify.
 5 BY MR. GALLAGHER:
 6     Q   Do you recall responding to what are called
 7 interrogatories?
 8     A   Yes.
 9     Q   Okay.  Do you also recall signing a
10 verification to those interrogatory responses?
11     A   Yes.
12     MR. GALLAGHER:  Can you put up tab 8.
13     Mr. Lloyd, I'm going to mark this document as
14 Exhibit 3.
15         (Exhibit 3 marked for identification.)
16 BY MR. GALLAGHER:
17     Q   Mr. Lloyd, do you recall reviewing this
18 document?
19     A   Yes.
20     Q   And do you recall signing it as well?
21     A   Yes.
22     Q   In this verification you state that "I,
23 Gregory Lloyd, state that I am one of the plaintiffs
24 in this matter.  I have read the foregoing
Deposition of Gregory Lloyd
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 14 (35 - 38)
32
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 3 of 12

Dave 
Deposit Account Agreement 
Electronic Communication Consent 
Evolve Privacy Policy 
Dave Spending Account Deposit Agreement 
and Disclosures 
Last Updated 06/16/2021 
Please read this Dave Deposit Account Agreement (the 'Agreement') carefully and retain it for your future reference. This Agreement 
contains the general terms, conditions and disclosures related to the non-Interest bearing demand deposit account ('Dave Spending 
Account-) and Dave Debit Mastercard® ('Dave Card') made available to eligible consumers by Evolve Bank & Trust rEvoNel, member 
of the Federal Deposit Insurance Corporation l'FDIC-1. In partnership with Dave Inc. I'Dave"). the program partner responsible for 
managing the Dave Spending Account and Dave Card program 
When you see the words 'wer'us: or 'our' in this Agreement, it refers to Evolve as well as any of its affiliates, successors, assignees, 
agents or service providers. When you see the words 'you' or -your.' It refers to you the owner of the Dave Spending Account. as well 
as your personal representatives, executors. administrators. and successors. 
If there is a conflict between this Agreement and any other document or statement made to you concerning the Dave Spending 
Account or Dave Card. this Agreement will govern If there is a conflict between this Agreement and any other document or statement 
made to you concerning any services or products other than the Spending Account or Dave Card. the separate terms and conditions 
applicable to that service or product will govern. Section headings that appear in this Agreement are for convenience purposes only 
and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement 
By opening or continuing to hold an account with us, you agree to be bound by this Agreement as well as any other agreement or 
document we may provide to you from rime to time in connection with the Dave Spending Account 
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND YOUR 
RIGHT TO A JURY THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION VII(KI OF THIS AGREEMENT 
I. Dave Spending Account Basics 
A. What Is a Dave Spending Account? 
loe Dave bpeoU rg ,count 
den,nd deo,. ocL,uol 
,uld your deposits and make payments and 
transfers between accounts you may have at other banks and to third parties online, through Dave's mobile application (the "Mobile 
Apo) and through the use of the Dave Card Separate terms and conditions apply to the Mobile App Please refer to the Terms of Use 
available at https://dave.cornitarms for additional information_ 
B. Dave Spending Account Eligibility 
The Dave Spending Account is available to United States citizens or lawful permanent residents of the fifty (501 United States FU.S'f. 
the District of Columbia, American Samoa. Guam. Marshall Islands. Northern Mariana Islands. Palau and US Virgin Islands who are at 
least 18 years of age. have a U.S. physical address or with military addresses (APO or FPO), and have a valid Social Security Number or 
Tax Identification Number. The Dave Spending Account is only available to indwiduals for personal. family or househOld purposes and 
may not be opened by a business in any form or used for business purposes. 
You must also agree to go paperless This means that you must (11 provide us with a valid email address and 12) agree to accept 
electronic delivery of all communications that we need or decide to send you In connection with your Dave Spending Account. Please 
refer to the Dave Electronic Signatures in Global and National Commerce Act IESign) Policy httpal/wwwdavecornielectronie. 
communications-consent for additional details We may decline to open a Dave Spending Account or issue a Dave Card to you for any 
reason, or for no reason, this includes if you have had or currently have any other relationships or accounts with either us or Dave that 
you did not maintain in a satisfactory manner. We are not liable for any damages or liabilities resulting from refusal of a Dave Spending 
Account relationship 
C. Titling and Ownership of Dave Spending Accounts 
The Dave Spending Account may only be owned in the name of one person who may make deposits and transfer or withdraw funds. 
The Dave Spending Account cannot be owned or titled as a pint account. trust account, a Uniform Transfers to Minors (UTMAI 
account or a Payable On Death (POD) account.
D. How To Open a Dave Spending Account 
Spend ry ,,,,t 
by ,bmilling a request through the Mobile App and providing all requested information. 
Important Information about procedures for opening a new Dave Spending Account To help the government fight the funding of 
terrorism and money laundering activities. federal law requires all financial institutions to obtain. verify and record information 
identifying each person who opens a Dave Spending Account. This means that when you open a Dave Spending Account we will ask 
for your name. street address, Social Security Number or Tax Identification Number, date of birth and other information that will allow us 
to identify you. We may also ask to see identifying documents such as a driver's license. 
E. No Minimum Deposit or Balance 
There is no minimum deposit required to open a Dave Spending Account and no minimum balance you need to maintain in your Dave 
Spending Account 
F. Power of Attorney and Attorneys-in-Fact 
Vie TA, 
Al 
t, 
pe: 
as an 'attorney-in-fact-) power of attorney to act on your behalf for your Dave 
Spending Account. You must obtain written approval from us before we will honor any power of attorney. Email us at legalpdave.com 
for approval if you plan to create a power of attorney Please be aware that it may take up to two weeks for us to review your request If 
approved, we will honor orders and instructions from your attorney-In-fact until It) we receive a written revocation from you. I2) we are 
Highly Confidential 
DAVE-00000354 
33
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 4 of 12

Deposition of John C. Martin
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 1 (1)
 1
     IN THE UNITED STATES DISTRICT COURT
   FOR THE EASTERN DISTRICT OF PENNSYLVANIA
 2
 3
 ALICIA MARSHALL, et    : CASE NO.
 al., individually and  : 5:21-ev-04337-JMG
 4
 on behalf of all       :
 others similarly       :
 5
 situated,              :
       Plaintiffs       :
 6
                        :
       vs.              :
 7
                        :
 PRESTAMOS CDFI, LLC,   :
 8
       Defendant        :
 9
                   *  *  *
10
           TUESDAY, JULY 16, 2024
11
                   *  *  *
12
13
       Oral deposition of JOHN C. MARTIN
14
taken remotely, commencing at 10:02 a.m.
15
before Debbie Leonard, Registered Diplomate
16
Reporter, Certified Realtime Reporter.
17
18
19
20
21
22
23
24
25
34
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 5 of 12

Page 54
 1  day-to-day expenses, like, all my expenses,
 2  all my purchases for personal use goes
 3  through the bank, since I --
 4         Q.     Can you tell me when you opened
 5  the account?
 6         A.     Oh, a long time ago.  Years
 7  ago.  Probably --
 8         Q.     I'm sorry?
 9         A.     Probably over 15, 20 years ago.
10         Q.     Sometime between 2000 and 2010?
11         A.     It was already opened, yeah.
12         Q.     Already opened by 2000?
13         A.     Yeah.  It was -- it was open a
14  long time ago.  There was one instance -- and
15  I can't remember roughly the year.  Maybe
16  five, six years ago my account number had to
17  change because there was -- someone -- I
18  don't know.  I think T-Mobile somehow
19  compromised my information and somehow people
20  were stealing money from my account, and so
21  we ended up changing my account number, there
22  was some fraud going on.
23                And so we had it corrected,
24  and -- but, really, if we don't look at that,
25  I go -- my account with America First goes
Page 55
 1  back probably 20 years, easy.
 2                MR. ROGERS:  Debbie, can you
 3         read the question and answer before
 4         the last question and answer, please.
 5                THE REPORTER:  Sure, no
 6         problem.
 7                     *  *  *
 8                (The court reporter read from
 9         the record as follows:)
10                     *  *  *
11                "QUESTION:  Okay.  And why did
12         you open an account at America First
13         Credit Union?
14                "ANSWER:  Well, that account
15         was opened so that I can receive my --
16         my business deposits and also to
17         handle my personal day-to-day
18         expenses."
19                     *  *  *
20                MR. ROGERS:  That's good
21         enough.
22  BY MR. ROGERS:
23         Q.     Were you aware when you opened
24  the account that you couldn't use it for
25  business purposes?
Page 56
 1         A.     No, I was not aware.
 2         Q.     Do you know one way or another
 3  whether you got a document from America First
 4  setting up rules for the account?
 5         A.     They sent a letter a few days
 6  after the funds were returned.  Because I
 7  didn't even realize it hit the bank and left
 8  the bank.  I didn't even realize it until I
 9  got the letter from the bank.
10                And the letter from the bank
11  was basically saying that, you know, we can't
12  receive business loans on a personal account,
13  so we have to return the funds.  And that was
14  the scope of the letter.
15         Q.     Was the letter -- that was a
16  letter written by the credit union?
17         A.     Yes.
18         Q.     And was there anything
19  suspicious about that in your mind?
20         A.     No.  I think that was standard
21  operating procedure from the bank.
22         Q.     Right.  So when you said
23  earlier that you found it suspicious when
24  Blueacorn told you about not being able to
25  verify your identity, you're not suspicious
Page 57
 1  that America First didn't ultimately keep the
 2  deposit based on its business account
 3  prohibition?  That you don't find suspicious?
 4         A.     No, I did not find anything
 5  suspicious on what my credit union did.
 6         Q.     Okay.  Did you contact America
 7  First -- first of all, how did you find
 8  out -- you said you got a letter from them?
 9         A.     Yes.  It was a physical letter,
10  just a paper letter.
11         Q.     That you received in the mail?
12         A.     Uh-huh.  Yes.
13         Q.     And I'm going to ask you the
14  question I asked you about 15 minutes ago.
15  Was that a document that you gave to your
16  lawyers?
17         A.     The letter from the bank, I
18  don't think I submitted to my attorneys.
19         Q.     Do you still have it?
20         A.     No, I don't -- I didn't retain
21  it, but it's on the record -- I mean, I'm
22  sorry, it's on the records of the bank.
23  Somewhere along the lines, they retain
24  records of letters that they send out to me.
25  So you may actually have it, quite possibly.
Deposition of John C. Martin
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616   transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 18 (54 - 57)
35
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 6 of 12

Exhibit 14
8/13/2024 M.S.
2:sa u;i @ n ct ® m • 
ta SG,,1II13% 1 
Yahoo Mail - You rec ... 
You received a Direct Deposit 
From seMCing@app.bluebirdcom 
To 
 
Oat~ 
Tutsday, Jun@ IS, 2021, 04:31 AM POT 
Good News! 
Hi, Paris Townsend, 
Paris Townsend 
You received a Direct Deposit from PRESTAMOSCOFI, and the money is now 
available in your Bluebird'D Bank Account. Please keep this email for your records. 
Transaction Details: 
F,om 
Amount 
Date available 
Transaction ID 
Yahoo Mall - You 19Cei¥9d • Ould Oepmlt 
PRESTAMOSCDFI 
$20,012.00 
6/1512021 
 
Questions or want to learn more about Bluebird? Visit us at Blueblrd.comlfaqs. 
Thanks, 
The Bluebird Team 
PloaNNN Thl• ..... -_,t..,_anodcalmn-a,lr..,.._INll...-..t_,.SICDmllll_,.. 
~Bank.-...1 ■■-clapmrlacDIIUl'll-•albyMal.a..•, NA,-FDIC 
Cllf¥1llhl020211nComm . N.RlghbRaawd.M.........,■-lt>epn:,partrdit-~--
• • • 
• 
TOWNSEND000l 7 
36
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 7 of 12

Exhibit 15
8/13/2024 M.S.
To 
 
Jun 15 at 11 :22 AM 
bluebird.com 
,,> ' 
Bluebird 
Hi, Paris Townsend, 
I 
....... 
. 
• 
h'611t010 
4COO ll 
VISA 
, . 
.,,., .. 
·s liownsend 
Pan 
During our recent review of your Bluebird® Bank 
Account, we identified Account activity that we 
believe violates the terms of the Bluebird Deposit 
Account Agreement. 
As a result of such activity, and pursuant to 
Section 11 (b) of the Bluebird Deposit Account 
Agreement, your Account and your Account 
privileges have been permanently suspended. 
If you have any questions or would like to inquire 
further, you may write to us at the following 
address: 
Bluebird Customer Care 
P.O. Box 826 
Fortson. GA 31808 
-m 
h 
• 
Delete 
Move to 
Forward 
111 
0 
••• 
Reply 
More 
TOWN~ ND000 18 
37
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 8 of 12

Exhibit 17
8/13/2024 M.S.
Escalation - lncomm Bluebird - Paris 
* 
Townshend 
Josh Nowell 
To 
 
Jun 29 at 12:34 PM 
~ 1 attachment 
Hi Paris, 
This is lncomm contacting you regarding your 
Bluebird account that was locked on 6-15-21. 
On 6-15-21, we received a direct deposit in the 
amount of $20,012.00. Based on multiple 
factors, we declined the load. The $20,012.00 
was returned to Blue Acorn, the PPP loan 
originator, and you will need to reach out to 
the originator to obtain the funds through 
different means. The deposit was returned on 
6-15, and on the same day, a refund check 
was issued for the remaining 
 on the 
account. You will receive the refund check 
soon, but the account cannot be reinstated. 
If you have any further questions, our 
Customer Service Teams are ready to assist 
at 833-926-3922. 
-m 
h 
• 
••• 
Delete 
Move to 
Forward 
Reply 
More 
Ill 
T@WNSEND00027 
38
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 9 of 12

16
8/13/2024 M.S.
39
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 10 of 12

 
 
Highly Confidential 
HUNTING-00000013 
EXHIBIT
11
Ahmadou 8/22/2024 D.H.
40
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 11 of 12

~tcfbank 
'•~, (1 I ot 
l hr,, Hont.nqton Ntit,onol 8o'lk 
June 23, 2021 
Kolawole Ayindamola Jr-Ahmadou 
 
 
RE: Account
 
Dear customer 
On 06/23/2021, TCF placed a hold on your account in the amount of$ 20,832.00. This ac~ion was 
necessary because a transaction(s) made on 06/22/2021 was reported to us for the following reason: 
The sender of a wire transfer or electronic funds transfer (ACH) credited to your account 
reported the transaction as fraudulent 
__ Remotely created checks have b~
deposited -to your account(s) in violation of TC F's 
Terms and Conditions--for-ehecking and Savings Accounts 
- -
------ __ One or more checks deposited to your account have been reported to us as fraudulent 
__ The funds in your account are subject to a potential legal dispute 
__ We anticipate receiving a government demand to return or seize the funds 
__K_ Other: We anticipate receiving a request to return the funds to the originator 
TCF may not honor items presented for payment from your account unless you have available funds in 
your account. 
Please notify TCF within 1 O days from the date of this notice if you have additional information we should 
con~ider r~lat~d to this ~old. _Please be aware that we may contact you for additional information during 
our 1nvestIgat1on. We will notify you when we are able to remove the hold or if we release the funds to 
another party. 
TCF reserves all of its rights, remedies, claims and defenses against you and all other parties. 
TCF Bank 
Fraud Protection Services 
763-337-7777, option #1, option #4 
EXHIBIT
12
Ahmadou 8/22/2024 D.H.
41
Case 5:21-cv-04337-JMG     Document 142-8     Filed 10/04/24     Page 12 of 12

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