Re: [infoguys-list] Re: Doctor sues Bank and ex-wife after arrest
- This is all on the bank. One could Argue that wide over reacted but
she acted based upon a bank failure coupled with misrepresentation.
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
> 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.
> [Non-text portions of this message have been removed]
[Non-text portions of this message have been removed]