It would be the x-emp's personal account. We've asked this person to stop writing checks, and I'm sure they'll end up on collections lists all over town, but we're talking an account that's had one deposit from the time they were employed, and checks written like water. Simmilar to a new account fraud situation.
I guess if you still have checks in your book, you MUST still have money in the account, eh?! As far as being a victim, when we closed the account it was in the red from NSF checks and fees, doesn't that make us a victim?