Legal Question in Insurance Law in Florida

saving and retirement funds

administrator of fund release confidential information in my account to unknown address and person, then sent my full balance of my account to that address, somebody forged my signature and cashed the check.

all without my knowledge or information from the administrator,

what can I do?


Asked on 11/18/06, 3:01 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: saving and retirement funds

You question does not provide enough information to give you a concrete answer (what is the "fund"? A bank, savings & loan, brokerage acct. etcetera). Generally speaking, when a Bank pays your money to someone who has obtained it by committing a crime -- in this case, forgery -- it is the Bank that is responsible for the loss, not you. You need to report the matter immediately to the police and the federal authorities. This requirement is to assure that, in fact, the money has been obtained illegally. If the money was not obtained fraudulently, and you tell the police that it was, that itself is a crime -- so if you know, for instance, that your friend Jimmy got your money, you'll need to turn him in.

Contact the bank immediately to report that they have sent your money to the wrong place. You will need to fill out sworn affidavits and the like. If your money was sent because of a fraud, the Bank will be responsible for the loss.

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Answered on 11/19/06, 8:17 pm


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