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#1333018 - 01/28/10 05:38 PM former employee stealing
Anonymous
Unregistered

sticky situation. Employee opens business acct for "boyfriend at the time". they have a child (don't know the age). he's incarcerated. She forges checks to w/d money from account and writes him a letter stating she wants the money for their child and is going to take it before others get their hands on it. he gets out of jail, fills out affidavit saying that he didn't want checks for the account and gave them to her to shred (which she obviously didn't). We told him he had to file a police report. He said he will as he does not care what happens to her.

My question is, do we have to reimburse him for the loss (almost $5000)or tell him to press charges against her and have her prosecuted

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#1333104 - 01/28/10 06:36 PM Re: former employee stealing Anonymous
BrendaC Offline
Power Poster
BrendaC
Joined: Sep 2001
Posts: 6,029
Sweet Home AL
You give him the money back and you prosecute the ex-girlfriend. The bank is the victim.
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Life without Jesus is like an unsharpened pencil - it has no point.

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#1333118 - 01/28/10 06:47 PM Re: former employee stealing BrendaC
Anonymous
Unregistered

Additional information which I just found out (sorry). The checks were negotiated in 12/08 so more than a year has passed before he notified us. She wrote him the letter telling him she was taking the money before she actually did. He did not notify the bank of the situation and just let it occur.

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#1333130 - 01/28/10 06:58 PM Re: former employee stealing Anonymous
BrendaC Offline
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BrendaC
Joined: Sep 2001
Posts: 6,029
Sweet Home AL
You are likely past the notification period, so you could have an out there. I would address with bank counsel. Be sure to document whether he was receiving account statements.

IMO Common sense would dictate that he was in the best position to protect account because he had notice of the debits and that failure to act constituted his approval.
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Life without Jesus is like an unsharpened pencil - it has no point.

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#1333174 - 01/28/10 07:24 PM Re: former employee stealing BrendaC
Retired DQ Offline
10K Club
Retired DQ
Joined: Dec 2002
Posts: 40,766
Turnpike Exit 10
unless he didn't get his statements, maybe they were still mailed to his home address.
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#1333177 - 01/28/10 07:26 PM Re: former employee stealing Anonymous
RBanker Offline
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RBanker
Joined: Jul 2003
Posts: 2,675
Austin Texas
Sounds like it would be beyond the time frame for reporting a dispute, as outlined in your disclosures (I'm guessing. He needs to pursue her in civil court.
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#1333187 - 01/28/10 07:30 PM Re: former employee stealing Retired DQ
Anonymous
Unregistered

Sorry, I don't know where the statements were sent at this time. this is a business account but he is claimining on the affidavit that he did not want checks ordered for the account. he received checks anyway and is stating that he gave them to her to have shredded. Note: there is a debit card for the account that was used during his incarceration. He said it was used by family members and he has no problem with that. One of the points she had in the letter she wrote him was that someone was using his debit card and she was going to take money for their child from the account before everyone else spent it all.

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#1333347 - 01/28/10 09:03 PM Re: former employee stealing Retired DQ
Anonymous
Unregistered

Assuming they were mailed to his house, are we responsible if he did not receive them because we did not know he was incarcerated? As far as I know he did not provide a change of address either and the address does not appear to be the address we have for the former employee.

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#1333394 - 01/28/10 09:31 PM Re: former employee stealing Anonymous
BurntSienna Offline
Diamond Poster
Joined: Aug 2006
Posts: 2,407
Midwest
1) Find out who changed the statement mailing address on your system, when, and why (i.e. did someone who was authorized on this business account provide something in writing with a signature?).

2) Consult with your bank attorney.
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"Gratitude makes sense of our past, brings peace for today, and creates a vision for tomorrow." - Melody Beattie

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