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
26
27
28
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
24
25
26
27
28
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
5
6
7
8
9
10
11
12
13 5. When BANA first implemented the fraud detection strategy referred to
14 as the "Fraud Filter" on September 28, 2020,
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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
23
24
25
26
27
28
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
15
16 WI LLI AM M. MARTIN
17
18
19
20
21
22
23
24
25
26
27
28
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
File and source
- File
- gov.uscourts.casd.709615.591.6.pdf
- Size
- 1,471,335 bytes
- SHA-256
- fc05df2939daf0efe29f9cbdb27741a9b1a3c787dd172b810f3feeb5fcaf5119
- Original
- PACER (login required)