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take it to the bank

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  • Jurydoctor@aol.com
    I need your opinions.. going to trial on Monday!! $5.00 donation for each opinion to the Schiff Liver Foundation. Thanks in advance, amy Plaintiff facts
    Message 1 of 4 , Apr 20, 2005
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      I need your opinions.. going to trial on Monday!! $5.00 donation for each
      opinion to the Schiff Liver Foundation.
      Thanks in advance,
      amy

      Plaintiff facts


      Plaintiff was a 19 year old girl, 8 month bank employee, as a teller. She
      made a mistake during a transaction. The teller did not catch the fact the
      deposit slip indicated a cash amount even though the box on slip was not checked
      off as cash. The bank had a policy if a customer is depositing more than 5
      checks tellers are not to take the time to add all the checks and input the total
      indicated on the deposit slip. This particular transaction had 15 checks so
      the teller followed the policy and took the customers word for the total. The
      reasoning behind this policy is to move the large number of customers through
      the teller line and avoid customers having to wait. Discreprencies are to be
      picked up by the bank’s proof department. It has been learned through discovery
      that Plaintiff was assigned at the drive thru terminal on January 6, 2000,
      subject date. Defense claims she was assisting with walk-in customers.

      January 12, 2000 customer receives an advice of debit which indicates no cash
      was ever deposited. Customer complains. Approximately 7 days later the teller
      is approached by the banks investigator. The teller has no memory of this
      transaction as this bank is busy, lines forming out to the door at times. She has
      no idea she is under suspicion for doing anything wrong. Only after customer
      keeps complaining the bank decides to credit the customers account.


      Some 55 days later the bank investigator calls the customer in and arranges a
      meeting with law enforcement. The customer and bank investigator swear out
      complaints that teller took the money allegedly given to her. Teller is
      arrested and her picture is broadcast over the T.V. She lost her job and any chance
      of a banking career. She was charged with a felony grand theft crime.


      During the defense of the criminal case it was discovered that this customer
      made two other transactions that day into her personal account. One of the
      transactions was within minutes after the deposit in question. The other
      transaction was twenty minutes later with a different teller inside the bank. This
      time a counter deposit slip was used. The total of those two transactions is
      approximately $100 shy of the amount claimed to have been taken. These
      transactions were withheld from everyone, the teller and law enforcement. Ultimately, the
      teller went to trial and was found not guilty.


      During the interview process with the law enforcement officer the bank
      investigator withholds the following information;


      (1) that the electronic journal confirms teller transaction was straight
      check and no cash was taken in.
      (2) the time of the check transaction was only one minute and you can’t
      count $6,000 in one minute
      (3) that this customer appeared through the drive thru so her statement she
      saw the teller count the cash is impossible
      (4) that the teller did accept a second transaction into the personal
      account of $3,000 cash. This transaction was not revealed to law enforcement or to
      the teller during the questioning.
      (5) that 20 minutes later this very customer went inside the bank and then
      used a counter deposit slip and deposited $3,200 with a different teller into
      the same personal account. Thus, the total of the two personal transactions is
      shy of approximately $100 in matching what was allegedly stolen.
      (6) this branch had a history of internal losses, the highest in the region.
      (7) four tellers quit the very next day

      Plaintiff’s Problems



      Teller violated the policy by not recognizing amount on cash line
      Teller wanted a banking career but since she was young did not have a track
      record
      Some personal issues exist as smoking one to three marijuana cigarettes a
      week, no arrest or convictions of any kind
      Customer was paid back so bank contends every right to call the police.
      Because of the time lapse nobody can really say with certainty that the two
      personal accounts which almost match the alleged missing money solves the
      question.

      Defendants’ facts

      The bank contends that it is the teller who is responsible for all cash. They
      had no choice in the matter since customer complained. They did not make the
      arrest the cops did. They did not say she was a thief the customer did. The
      teller should have remembered the transaction. She didn’t help matters because
      she did not remember. The bank had a receipt documenting cash was taken in and
      a customer saying the same. The teller had made two unrelated mistakes in the
      past which did not result in a loss to the bank.


      Defendants’ problems

      They withheld information from law enforcement

      Once law enforcement learned of other account transactions that day he
      testified he would not have arrested her

      They waited 55 days before calling the cops

      They permitted the teller to continue working the teller line up until the
      second she is arrested showing no concern for her trustworthiness until day of
      arrest.

      Even when the two personal transactions were uncovered during the criminal
      portion of this case they continued to prosecute

      They never pointed out the location of the teller was in the drive thru,
      making customers statement she saw teller count the cash implausible.


      [Non-text portions of this message have been removed]
    • Phil Golan
      ... Amy. I m curious. Did the bank have CCTV covering all tellers at the time. Recorded material (if it exists) would clearly show all of these transactions
      Message 2 of 4 , Apr 20, 2005
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        On 4/20/05, Jurydoctor@... <Jurydoctor@...> wrote:
        >
        >
        >
        > I need your opinions.. going to trial on Monday!! $5.00 donation for each
        > opinion to the Schiff Liver Foundation.
        > Thanks in advance,
        > amy

        Amy.
        I'm curious. Did the bank have CCTV covering all tellers at the time.
        Recorded material (if it exists) would clearly show all of these
        transactions and give an accurate time line of events.
        Phil


        --
        > "Life's journey is not to arrive at the grave safely in a well preserved
        > body, but rather to skid in sideways, totally worn out, shouting -
        > "@##% what a ride!!!!"."
        >


        [Non-text portions of this message have been removed]
      • Jurydoctor@aol.com
        In a message dated 4/22/2005 3:34:10 AM Eastern Daylight Time, infoguys-list@yahoogroups.com writes: don t know who is trying to go where with this but I could
        Message 3 of 4 , Apr 22, 2005
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          In a message dated 4/22/2005 3:34:10 AM Eastern Daylight Time,
          infoguys-list@yahoogroups.com writes:
          don't know who is trying to go where with this but I could take this
          nonsense apart if they need the help.

          Bill E. Branscum, Investigator
          Oracle International
          _www.FraudsAndScams.com_ (http://www.FraudsAndScams.com)
          _www.OracleInternational.com_ (http://www.OracleInternational.com)
          PO Box 10728
          Naples, FL 34101
          (239) 304-1639
          (239) 304-1640 Fax
          Illegitimi non carborundum
          __________________________
          Going to trial Monday, can I forward you info to the atty?
          thanks,
          amy


          [Non-text portions of this message have been removed]
        • oracleintl@aol.com
          In a message dated 4/22/2005 11:03:04 AM Eastern Standard Time, Jurydoctor@aol.com writes: Going to trial Monday, can I forward you info to the atty? thanks,
          Message 4 of 4 , Apr 22, 2005
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            In a message dated 4/22/2005 11:03:04 AM Eastern Standard Time,
            Jurydoctor@... writes:

            Going to trial Monday, can I forward you info to the atty?
            thanks,
            amy




            Of course

            Bill


            [Non-text portions of this message have been removed]
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