Declaration of Jennifer Lennon ISO Motion to Decertify the Classes — In re Bank of America (S.D. Cal.)
- Date
- 2026-06-08
Summary
A declaration by Bank of America, N.A.'s Prepaid Unemployment Programs Executive, filed June 8, 2026 as Document 733-8 in Case No. 3:21-MD-02992-GPC-MSB in the U.S. District Court for the Southern District of California, in support of Bank of America, N.A.'s Motion to Decertify the Classes. It is filed provisionally under seal pursuant to a stipulated protective order by the bank's counsel, Goodwin Procter LLP. The declarant describes her responsibilities over the bank's prepaid business and coordination with state agencies, including California's Employment Development Department. The declaration recounts a January 30, 2026 DOL-OIG alert memorandum, attached as Exhibit A, which reports that 2,679,741 of 4,369,061 prepaid accounts with remaining balances were potentially fraudulently obtained. It also cites a September 21, 2022 alert memorandum, attached as Exhibit B.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Docusign Envelepe Ones BE Hie OPERAS PCOMSB Document 733-8 Filed 06/08/26 PagelD.61490
Page 1 of 7
| || JAMES W. MCGARRY (pro hac vice)
) JMcGarry@goodwinlaw.com
GOODWIN PROCTER LLP
3 || 100 Northern Avenue
Boston, MA 02210
4 || Tel.: +1 617 570 1000
5 Fax: +1 617 523 1231
6 SABRINA M. ROSE-SMITH (pro hac vice)
SRoseSmith@goodwinlaw.com
7 || MATTHEW L. RIFFEE (pro hac vice)
MRiffee@goodwinlaw.com
8 | GOODWIN PROCTER LLP
1900 N Street, NW
9 || Washington, DC 20036
10 Tel.: +1 202 346 4000
Fax: +1 202 346 4444
11
Attorneys for Defendant
12 | BANK OF AMERICA, N.A.
13
14 UNITED STATES DISTRICT COURT
15 FOR THE SOUTHERN DISTRICT OF CALIFORNIA
16 SAN DIEGO DIVISION
17 || IN RE: BANK OF AMERICA Case No. 21-MD-02992-GPC-MSB
8 BENEPILS LITIGAMON DECLARATION OF JENNIFER
LENNON IN SUPPORT OF
19 BANK OF AMERICA, N.A.’S
MOTION TO DECERTIFY THE
20 CLASSES
71 Ctrm: — 12A — 12th Floor
22 Judge: Hon. Gonzalo P. Curiel
FILED PROVISIONALLY UNDER SEAL
23 PURSUANT TO STIPULATED PROTECTIVE
ORDER
24
25
26
27
28
GOODWIN PROCTER LLP
LENNON DECL. ISO DECERT. MOT. CASE No. 3:21-MD-02992-GPC-MSB
Docusign EnvelepelS erase ie OPE PC MSB Document 733-8 Filed 06/08/26 PagelD.61491
C0 Oa nN Dn BW NO
NO NO NO NO NH WN NN NO HH HH HF HF HF FO ee eS
YN DA Wn BW NO KF CD Oo WN DB nA BPW NYO KF CO
28
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
Page 2 of 7
I, Jennifer Lennon, hereby declare as follows:
1. Iam employed by Defendant Bank of America, N.A. (“BANA”). I make
this declaration based upon personal knowledge and belief, upon BANA’s records
maintained in the ordinary course and scope of business, and upon information
gathered from other BANA employees within the scope of their responsibilities. If
called to testify as to any of the matters set forth in this declaration, I could and would
competently testify thereto.
2. In my capacity as the Prepaid Unemployment Programs Executive for
BANA, my responsibilities include leading the following functions as part of
managing the Prepaid Business: prepaid controls and quality assurance; prepaid
change management and transformation including Visa and product oversight;
prepaid end-to-end check issuance oversight and balance reduction; prepaid data
management and analytics; prepaid call center, complaints, fraud policy, and return
of funds process; and prepaid claims processing, direct compensation and
individualized review process management, and cardholder communications.
3. In the same capacity, I am also responsible for overseeing BANA’s
response to
Po I am further responsible for coordinating with the relevant
state agencies, including California’s Employment Development Department
4. On January 30, 2026, the DOL-OIG issued a public alert memorandum
related to Prepaid Accounts still holding funds in suspense or having had their funds
escheated to various state unclaimed property authorities. A copy of the January 30,
2026 Alert Memorandum is attached as Exhibit A. Po
l
LENNON DECL. ISO DECERT. MOT. CASE No. 3:21-MD-02992-GPC-MSB
Docusign EnvelepelSeoeseie ie OPER PC MSB Document 733-8 Filed 06/08/26 PagelD.61492
Page 3 of 7
1
2
3
4 5. As explained in the January 30, 2026 Alert Memorandum, in August
5 || 2025, DOL-OIG issued an Inspector General subpoena to P| Ex. A at 3. The
6 || DOL-OIG sought P| records pertaining to (1) all Prepaid Accounts funded for
7 || Ul between March 1, 2020 and September 30, 2021 with remaining UI balances, and
8 || (2) Prepaid Account funded for UI between March 1, 2020 and September 30, 2021
9 || with balances already escheated to state unclaimed property administrators. Ex. A at
10 || 3. P| provided the requested records to OIG in September 2025, and OIG
11 || subsequently investigated them for potential fraud.
12 6. According to the January 30, 2026 Alert Memorandum, DOL-OIG
13 || reviewed 4,369,061 P| Prepaid Accounts with balances remaining in their
14 || Prepaid Accounts as of September 2025, and determined that 2,679,741 of those
15 || Prepaid Accounts were potentially fraudulently obtained. Ex. A at 5. According to
16 || the same memorandum, DOL-OIG also reviewed 914,527 Prepaid Accounts with
17 || escheated funds, and determined that 459,350 were potentially fraudulently obtained.
18
19
20
21
22
23
2 | I coy oF i
25 || September 21, 2022 Alert Memorandum is attached as Exhibit B. According to the
26 || September 21, 2022 Alert Memorandum, DOL-OIG considers the following types of
27 || Prepaid Accounts to be potentially fraudulent: (1) accounts with Social Security
28 || Numbers associated with unemployment insurance (“UI’’) claims filed in two or more
LENNON DECL. ISO DECERT. MOT. CASE NO. 3:21-MD-02992-GPC-MSB
Case 3:21-md-02992-GPC-MSB Document 733-8 Filed 06/08/26 PageID.61493
Page 4 of 7
Docusign Envelgpe,|D-986By1C D430 Ha A898 3% FIFS9R48E E4D33
C0 Oa nN Dn BW NO
NO NO Fe Fe FE FEF Ee OO Se Pel Reel eel
-—- coc Oo wOeNANI DB Wn FBR WY NY | OC
Nb NY NY NY WN
nN Nn & Uo N
N
~
28
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
—
S
om
Q
8
om
Nn
Ce)
es
eS)
io)
—
sa)
=)
Qa
=)
°
a
ve)
>
Z
>
wa
na
5
se)
fo)
n
n
OQ
n
2
io)
=)
io)
aap)
bd
UI benefits eligibility information and is and was at all relevant times responsible for
making UI benefits eligibility determinations.
11. As of today’s date,
12. At my direction and under my supervision,
LENNON DECL. ISO DECERT. MOT. CASE No. 3:21-MD-02992-GPC-MSB
Docusign Envelgpe,|D-986By1C D430 Ha A898 3% FIFS9R48E E4D33
C0 Oa nN Dn BW NO
N N N No No N N — — — — — — — — — —
Nn N BR WN KFKF§ CO Oo OW NI WBN BR WwW NY KF CO
N
~
28
GOODWIN PROCTER LLP
ATTORNEYS AT LAW
—
Uo
—
IS
LENNON DECL. ISO DECERT. MOT. CASE No. 3:21-MD-02992-GPC-MSB
Docusign Envel@ne eee Ete OZER CMSB Document 733-8
Page 7 of 7
—
Executed on this 8th day of June, 2026.
C0 WH NDB nN FB WW NWN
DO NO NO NH KN WN KN NHN RHR RR He Re Fe eRe ee
YN DA Wn BW NO KF CD Oo WN DB nA BPW NYO KF CO
28
GOODWIN PROCTER LLP
ATTORNEYS AT LAW 6
Filed 06/08/26
Signed by:
—“\_L
7D57714B41F646D...
JEININIP EE
PagelD.61496
I declare under the penalty of perjury that the foregoing is true and correct.
rR LENNON
LENNON DECL. ISO DECERT. MOT.
CASE No.
3:21-MD-02992-GPC-MSB
File and source
- File
- gov.uscourts.casd.709615.733.8.pdf
- Size
- 343,013 bytes
- SHA-256
- 0fd06659a6ec0b20b4fc4783bd684a09781ba130d075fd428ce43df7a015a381
- Original
- PACER (login required)