Legal Question in Criminal Law in Massachusetts

stolen check

I suspect a former employee diverted a check of $45,000 into an account he setup with my company name. How should I go about getting information from the bank on this account and can I request a freeze and a history on this account


Asked on 7/09/06, 4:33 am

2 Answers from Attorneys

Martha Kovner Law Offices of Martha J. Kovner

Re: stolen check

You should notify the police and in the scope of the police investigation they can acquire the bank records and freeze the account. You can also speak to the bank yourself but you might not be able to get as far with privileged information as the police can. If you do notify the bank, the bank also has internal security who can start their own investigation and then notify the police if need be. Hope this helps, please feel free to contact me further. Martha Kovner

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Answered on 7/09/06, 11:16 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: stolen check

I agree with Martha. You can call the bank and file notice of fraud. You should do this immediately since he can take the funds from the bank, and make them disappear. The bank will launch an investigation, and may freeze the account and all proceeds. If the account is in your company's name, you may be allowed access, since you did not authorize its creation. Contacting the police to report larceny or embezzlement is necessary. If the person has any assets, you can file a civil complaint, and ask the court to place a lien in the amount of the funds taken, plust costs and expenses in their recovery. You should also take in-house action to search any place this person uses for evidence of such activity. He may have done more. If the person has access to your computer network, you must stop the access. If he has any computer or documents that belongs to the business, ask him to return it first thing on Monday. Make some excuse that your account needs to look at these. If not, you should prohibit him from entry, and take any keys. Change all passwords that could permit him access. For the above funds, you should contact an attorney to process this problem. You can contact me for further assistance.

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Answered on 7/09/06, 11:41 am


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