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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29310
Experience:  Lawyer
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Brother or sister-in-law guilty of perjury with accounts

Customer Question

Brother or sister-in-law guilty of perjury with accounts related to Ted Walker, deceased. They had Ted Walker's social security and was able to provide last 4 numbers of social security number and mother's maiden name. Inquiry was based on joint accounts in XXXXXXXXXXX. Accounts were now in XXXXX name.
Subsequently, XXXXXXXXX made inquiry to find accounts in XXXXXXXXXX name joint with XXXXXXXXXXXXXX).
The social security number is ***** required on the 1st name of the account. CMCCU was able to identify closed accounts (joint with DXXXXXXXXXX) and subsequently had enough information to send me (XXXXXX) a text message wanting to know his father's account for 50k. He would not have this information since all accounts are joint.
The only way he could have found out this information is from an employee at CMCCU.
I do believe Terry and/or Lauren presented themselves as me, XXXXXXXXXXXXXX, when calling CMCCU inquiring about XXXXXXX accounts, gave Ted's social security number for reference. All account info was given to XXXXXXXXX. I have an account (XXXXXXXXXX) previously joint with XXXXXXXXXX. The joint account was closed and a new account opened in Doreen Jean Walker and Geryl ***** *****. The account XXXXXXXx has approximately 50k. My brother sent me a text wanting to know about his father's 50k money management account. This information on the account was not his account. An employee of CMCCU must have given out the information.
I believe XXXXXXXXX performed perjury to CMCCU by deceiving CMCCU indicating they were XXXXXXXXX was deceased on April 19, 2015. The call to CMCCU occurred November 16, 2015 or possibly a few days earlier.
I would like to inquire the steps I need to do in order to begin procedures. I am in located in Michigan, the issue occurred in Michigan, and I would like to know if I have a case against XXXX and Central Macomb Community Credit Union (CMCCU).
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The term "perjury" refers to a sworn statement made under oath. The issue here isn't perjury - it's theft. If your brother or sister-in-law used false pretenses to take money belonging to your deceased relative, that's theft. From what you're saying, they had no legal right to the money. And even if your brother believes he inherited the money, the procedures he followed are not the proper way to get the money.

There would not be any case against the credit union unless you were able to prove they were working in cahoots with the brother and sister in law or that they knew the people they were giving the money had no legal right to it. The bank is required to release funds to someone representing themselves as the account holder who has the proper information. However, the bank shouldn't have been giving out account numbers without you presenting valid ID - they could talk about the account, if they believed the person on the phone was you, but they shouldn't be releasing account numbers.

Expert:  Lucy, Esq. replied 1 year ago.

Did they manage to get any money out of these accounts?