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DX 5 — Redacted Version of Document Sought to Be Sealed Pursuant to Stipulated Protective Order (Document 591-6)

What This Document Is

This is the Declaration of William M. Martin, BANA's Senior Vice President of Fraud Operations and Prepaid Fraud Operations Executive (Program Management Executive in Prepaid Unemployment; formerly Senior Fraud Policy Manager in the same group), dated October 16, 2025 and filed as DX 5 in support of BANA's Motion for Partial Summary Judgment.

Factual Summary

Martin is the declaration's direct source for the operational history of the "Fraud Filter" at the center of plaintiffs' CFF-1 theory: he states BANA first implemented the fraud-detection strategy referred to as the "Fraud Filter" on September 28, 2020, describing it (in redacted text) as a reasonable control intended to prevent BANA's card program from being used as a vehicle for fraud. Martin's role includes leading BANA's prepaid fraud operations team, analyzing fraud associated with unauthorized-transaction claims, and identifying claim characteristics used to detect and prevent future fraud, both currently and in his prior roles covering commercial and treasury fraud operations as well.

Key Facts

  • Declarant: William M. Martin, BANA SVP of Fraud Operations / Prepaid Fraud Operations Executive; declaration dated October 16, 2025.
  • Frames the Fraud Filter as a "reasonable control" adopted to prevent BANA's card program from being used as a fraud vector — the core factual predicate of BANA's good-faith defense to the CFF-1 claims.
  • Martin's operational role spans identifying fraud characteristics from unauthorized-transaction claims and directing the prepaid fraud operations team responsible for administering the Fraud Filter.

Source Caveats

  • This is a redacted public version, marked "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY"; the substantive mechanics of the Fraud Filter and specific supporting data are redacted from the extracted text.
Date
2025-10-17

Cite this document

“DX 5 — Redacted Version of Document Sought to Be Sealed Pursuant to Stipulated Protective Order (Document 591-6).” Original at ecf.casd.uscourts.gov, dated 2025-10-17. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-10-17-kyc-company-litigation-fc05df29-1/, SHA-256 fc05df2939daf0efe29f9cbdb27741a9b1a3c787dd172b810f3feeb5fcaf5119.

Full text

Case 3:21-md-02992-GPC-MSB   Document 591-6   Filed 10/17/25   PageID.40720
                               Page 1 of 6




                             DX 5



 REDACTED VERSION OF
 DOCUMENT SOUGHT TO
BE SEALED PURSUANT TO
      STIPULATED
  PROTECTIVE ORDER
                          Case 3:21-md-02992-GPC-MSB        Document 591-6   Filed 10/17/25   PageID.40721
                                                              Page 2 of 6



                           1   JAMES W. MCGARRY (pro hac vice)
                               JMcGar_ry(aJ,f!oodwinlaw. com
                           2   GOODWl:Nt>ROCTER LLP
                               100 Northern Avenue
                           3   Boston, MA 02210
                               Tel.:+ I 617 570 1000
                           4   Fax:+16175231231
                           5   SABRINA M. ROSE-SMITH (pro hac vice)
                               SRoseSmith{a),f!oodw inlaw. com
                           6   MA TTHEWL. RIFFEE (pro hac vice)
                               MRiffee(a),goodwinlaw. com
                           7   GOODWIN PROCTER LLP
                               1900 N Street, NW
                           8   Washington, DC 20036
                               Tel.:+ I 202 346 4000
                           9   Fax: + 1 202 346 4444
                          10   Attome:xs for Defendant
                               BANK OF AMERICA, N.A.
                          11
                          12
                                                   UNITED STATES DISTRICT COURT
                          13
                                          FOR THE SOUTHERN DISTRICT OF CALIFORNIA
                          14
                                                           SAN DIEGO DIVISION
                          15
                               IN RE: BANK OF AMERICA                  Case No. 2 l-tv!D-02992-GPC-MSB
                          16
                               CALIFORNIA UNEMPLOYMENT
                          17   BENEFITS LITIGATION                     DECLARATION OF WILLIAM M.
                                                                       MARTIN IN SUPPORT OF
                          18                                           DEFENDANT BANK OF AMERICA,
                                                                       N.A'S MOTION FOR PARTIAL
                          19                                           SUMMARY JUDGMENT
                          20
                                                                       Date: April 17, 2026
                          21                                           Time: 1:30 p.m.
                                                                       Ctrm: 12A - 12 th Floor
                          22                                           Judge: Hon. Gonzalo P. Curiel
                          23
                                                                       FILED PROVISIONALLY UNDER SEAL
                          24                                           PURSUANT TO STIPULATED PROTECTIV E
                                                                       ORDER
                          25
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GOODW I    PROCT ER LLP
    Arn1t:.NF'I~ AT LAW

                               MARTIN 0 ECL. ISO MOT. FOR PARTIAL SJ            CASENO. 21-MD-02992-GPC-MSB
                    Case 3:21-md-02992-GPC-MSB                 Document 591-6       Filed 10/17/25    PageID.40722
                                                                 Page 3 of 6
                                                          HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY


                                       I, William M. Martin, hereby declare as follows:
                            2           1.     I am employed by Defendant Bank of America, N.A. (BANA), a party
                            3    to this action, as Senior Vice President of Fraud Operations and a Prepaid Fraud
                            4    Operations Executive. I make this declaration based upon personal knowledge and
                            5    belief, upon BANA 's records maintained in the ordinary course and scope of
                            6    business, and upon information gathered from other BANA employees within the
                            7    scope of their responsibilities .. If called to testify as to any of the matters set forth in
                            8    this declaration, I could and would competently testify thereto.
                            9           2.     In my capacity as Program Management Executive m Prepaid
                        10       Unemployment, and in my prior role as Senior Fraud Policy Manager in Prepaid
                            II   Unemployment, my responsibilities include leading the prepaid fraud operations
                            12   team, analyzing fraud associated with unauthorized transaction claims, and
                            13   identifying characteristics of those claims in order to detect and prevent future fraud.
                            14   In my current role, I also function as the Head of the Prepaid Fraud Operations team.
                            15   In the past, I was also responsible for commercial, prepaid, and treasury fraud
                            16   operations, which included similar responsibilities but for commercial and treasury
                            17   products in addition to prepaid.
                            18          3.     In my cmTent and prior roles, I have been directly and personally
                            19   involved in the development and implementation of BANA's fraud detection
                            20   capabilities and efforts, including its use of anti-fraud strategies in State
                            21   unemployment insurance (UI) programs, including California's Employment
                            22   Development Department (EDD) U1 program. Specifically, I am familiar with the
                            23
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GcoDWIN PROCTER LLP
   Alll.•IINt-,'-A I' LAW                                                      2
                                  MARTIN DECL. ISO MOT . FOR PARTIAL SJ                    CASE No. 2 l-MO-02992-GPC-MSB
                            Case 3:21-md-02992-GPC-MSB            Document 591-6    Filed 10/17/25   PageID.40723
                                                                    Page 4 of 6
                                                             HlGHLY CONFIDENTIAL - ATTORNEYS ' EYES ONLY


                                 1    BANA's Use of the Fraud Filter to                              Certain Accounts
                             2             4.     As a reasonable control to help keep BANA from being used as a means
                             3       of fraud, BANA has historically used and continues to use tactics to
                             4
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                            13             5.     When BANA first implemented the fraud detection strategy referred to
                            14       as the "Fraud Filter" on September 28, 2020,
                            15

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GooDWI N PROCTER LLP
    ATIC!~NI--Y...ATL\\'J                                                     3
                                     MARTrN D ECL. ISO M OT. FOR PARTIAL SJ            CASE No. 21 -MD-02992-GPC-MSB
                    Case 3:21-md-02992-GPC-MSB              Document 591-6      Filed 10/17/25     PageID.40724
                                                              Page 5 of 6
                                                      HIGHLY CONFTDENTIAL - ATTORNEYS' EYES ONLY



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                         16                         Backe;round on EMV Chip Technoloe:y
                         17          8.    EMV chjp technology can deter certain types of third-party fraud, but it
                         18   does not eradicate all fraudulent transactions. For example, EMV chip technology
                         19   does not prevent first-party benefits enrollment fraud , card-not-present fraudulent
                         20   transactions, or the fraudulent use of the card if lost or stolen.
                         21         9.     While EMV chip technology makes it more difficult to create
                         22   counterfeit cards, it does not prevent the
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GOODWIN PROCTER LLP
   Am'il.Nl:.'-.All.AW                                                    4
                              M ARTIN D ECL. ISO MOT. FOR PARTIAL SJ                 CASE No. 21-MD-02992-GPC-MSB
                        Case 3:21-md-02992-GPC-MSB        Document 591-6    Filed 10/17/25   PageID.40725
                                                            Page 6 of 6
                                                   HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY



                        2
                        3         11.     After receiving approval from California EDD, in July 2021 , BANA
                        4   began issuing                            EDD prepaid debit cards with EMV chip
                        5   technology.
                        6

                        7                                                       31, 2021 that I sent concerning
                        8                                                     is attached as an Exhibit to the
                        9   Declaration of Laura G. Brys as DX 181, Bates stamped BANA_EDD_MDL-
                       10   00654305.
                       11

                       12         I declare under the penalty of perjury that the foregoing is true and correct.
                       13   Executed on this 16th day of October, 2025.
                       14

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                       16                                                       WI LLI AM M. MARTIN

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GOODWIN PROCTER LLP
   ATn'R-NF'\'-ATLAW                                                  5
                            MARTIN D ECL. ISO MOT. FOR P ARTIAL SJ             CASE No. 2 l-MD-02992-GPC-MSB


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