Legal Question in Criminal Law in New York

Re: MIsappropriated Funds

contact the bank, or irs, or sue the preparer.

Re: MIsappropriated Funds

Depending upon the facts, you may have an action against the preparer, the government, the bank, and/or the person who wrongly has the funds.

Re: MIsappropriated Funds

Go to the District Attorney at the Court in your city and ask to press charges against the person who took the money. They show evidence of guilt by closing the account after making the withdrawl. You can also try to sue the tax preparer. However, their defense will be that you signed the return and the authorization to electronicly deposit the funds so it was your ultimate responsibility to ensure that the account #was correct. The person who absconded with your mnoey is the real culprit since they knew or should have known that the money was not theirs. Go after them.

Re: MIsappropriated Funds

The tax preparer can be held accountable for his error, but your signature would probably relieve him of any responsibility. But the person that received the funds is guilty of theft.

I have had a similar issue in the past.

This is what you should do.

Take a copy of the tax return showing the incorrect account info. Contact the bank that received the funds and get confirmation that the money was deposited and the subsequent action, i.e. withdrawal and closure.

Take the return and this info to the local district attorneys office and ask to press charges. The recipient will most likely be given a chance to return the funds, if not he can be arrested.

Don't wait.

Good Luck.

Re: MIsappropriated Funds

Retain an attorney to file suit against the person who received the funds for unjust enrichment and against the tax preparer or anyone else who was negligent in providing the wrong account number. Good Luck!