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I had a lady working for me that imbessald money for me. She was charged for it. How she did it was taking cash back on deposits on a corprate account, later I found out the bank had her listed as a partner, not a autherised user on the acct. the bank had my corp. papers and she is not on those papers as a partner. Her attorney was the son of the banks attorney. Do I have a case against the bank?
Optional Information: State/Country of Question: Minnesota Already Tried: Nothing,
How did her access as a partner differ from that of an authorized user?
she was to be able to sign checks nothing else.
So you are telling me that as an "authorized user" she could only sign checks but as a "partner" she was able to make withdrawals as well?
yes, is it legal to take cash back on a deposit of corp. acct. without siginture
Very well. Since her access rights exceeded those granted by your company through a negligent (or deliberate) act of the bank you do have a potential case against them for damages. You should consult a local attorney about filing a claim against the bank. The association between attorneys is likely not going to be an issue as this was likely an issue of negligence on behalf of the bank.
Having a local attorney send a demand letter will likely result in the bank refunding the company account for the amount of money taken since it would be clear that they permitted this woman access to accounts erroneously.
Please reply if I can help further.
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I lost the the buisness and the building. Is this part of the damages
You can claim damages that result from their negligence, however it will only go so far. I cannot tell you whether or not a jury would extend the damages beyond the amount she actually was given. It would likely result in the evidence presented in court and how blatant their negligence was... let's remember that it is this woman who was committing an intentional criminal act. The bank will be seen as a victim as well when they must pay for negligently permitting this criminal access to your account.
You need to consult a local attorney on damage evaluation as they will be much more familiar with local practices and jury tendencies.
Experience: Over 11 years in practice as a litigator ... civil and criminal