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Re: [infoguys-list] Re: Doctor sues Bank and ex-wife after arrest

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  • Bill Branscum
    This is all on the bank. One could Argue that wide over reacted but she acted based upon a bank failure coupled with misrepresentation. Bill Sent from my
    Message 1 of 3 , Apr 9, 2010
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      This is all on the bank. One could Argue that wide over reacted but
      she acted based upon a bank failure coupled with misrepresentation.

      Bill

      Sent from my iPhone

      On Apr 9, 2010, at 4:52 PM, Jurydoctor@... wrote:

      >
      >
      > For the Jury Doctor:
      > We will soon be mediating the following case and would like whatever
      > response we can get. I’ll donate $2 to charity of your choice for ev
      > ery responder (up to 100 responders)
      >
      > I'd like to donate to this charity: March of dimes
      >  
      >  
      > In 2004, Doctor and his wife decided to separate and divorce and, as
      > part of the process, he gave up rights to their joint account at Big
      > Bank. Thereafter, as required, he regularly transferred $3500/month
      > fro9m his personal account into what was now wife’s account.
      >
      > In January, 2007, a substantial deposit into Doctor’s personal accou
      > nt failed and, as a result, his account was restricted for several d
      > ays. During the same time, as he was attempting to make on-line bill
      > payments from this account one evening, unbeknownst to him, those p
      > ayments, totaling $1100, were made from the account he had renounced
      > , and left in his wife’s name, four years earlier.
      >
      > When ex-wife discovered this, she immediately contacted Bank, and
      > Bank contacted doctor and, while disavowing any knowledge of how it
      > had happened, Doctor immediately refunded the $1100 to his ex-wife’s
      > account.
      > Turns out bank had made an error four years earlier, and unbeknownst
      > to all, Bank failed to carry out steps that would have prevented the
      > old account from being accessed through on-line bill pay as a
      > default account.
      >
      > Doctor’s ex-wife was not satisfied and sought criminal prosecution.
      > She says Bank did not tell her of error and suggested the act by her
      > ex-husband was deliberate. When cops contacted Bank they were led t
      > o believe same thing. Doc was arrested and taken from home in handcu
      > ffs in front of sons at 5:00 am. In custody approximately 16 hours.
      >
      > Not until several months later, after Doctor had to hire criminal
      > lawyer, did Bank provide written acknowledgment that Bank error had
      > made the unauthorized transactions possible, and prosecution against
      > the Doctor was dismissed.
      > Doctor has filed civil suit against ex-wife and Big Bank, seeking
      > actual and punitive damages for false arrest, defamation, malicious
      > prosecution etc. Doctor says Wife and Bank together caused him to be
      > arrested. Wife says Bank led her to believe her ex had to have
      > deliberately accessed his account. Bank says Wife is the one who
      > chose to prosecute even though money was immediately paid back.
      >
      > Thoughts?
      >
      > [Non-text portions of this message have been removed]
      >
      >


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