Unauthorized employee opens account

[blueiiz29]

What is the name of your state? Texas

Hi! I have an employee (they are now an ex-employee) that took checks made out to my company and opened an account in another financial institution without my knowledge. They listed themselves as the signor on the account. My question is how do I recover the money in the account? The bank seems reluctant to get involved and how long do they have to return my money? Where do I find information on this sort of thing and what kind of law is this called? The amount in the account in question is $97,000. This would also be considered a criminal case???? I have filed theft reports with the police department and am having this individual served. Where do I go from here?? I need my $$$$ is the bank liable in this?

Let me add that my company is a corporation in which only the president may open an account. The bank has already admitted that they dont have the necessary paperwork (articles of incorporation). The bank has frozen the money because the ex employee is telling him that he is owed part of that money. Shouldnt the bank have to give me my money and the ex employee could then sue me to recover if he is truly owed???

 

[cbg]

In my opinion, the bank is not liable unless they had reason to KNOW that this person was not authorized. If you have not yet consulted an attorney, do so.

 

[elenium]

pressing charges--

The ex-employee must have forged some docs to open the account and forgery is a FELONY. Demand the bank give you all related documents, copies of ID, whatever...then do some internet research on your own re; banks liability for fraud (they're insured, you know). In Illinois, the only org.s that legally duck responsibility for participating in this type of transaction are check-cashing services. Please press charges, as it will support any civil action you may have to take against the bank AND there are MANY people like this one who jump from one co. to another (stealing all the while) who never get prosecuted.

 

[OSNNG2L]

Re: pressing charges--

Sorry to step in here, but isn't that considered EMBEZZLEMENT?

Just wondering...

Good Luck!

 

[JETX]

Assuming you have exhausted all reasonable efforts to access the funds at the bank, you are clearly going to need an attorney to further your efforts. And since this may very well require immediate efforts to freeze these funds, I suggest you contact an attorney immediately.