Question:
I owned several clinics in the Houston area, it has come to my attention that in 2001 checks made payable to my corp, were deposited into other accounts. I thought banks had to have corp. papers to open an account. I am trying to find out if the banks can be held accountable?
Answers:
I'm not exactly sure what you are saying (did someone fill out the deposit slip wrong, or did the bank send someone else the money by accident) but since this is about 6 years old I think the statute of limitations of this has run out. ie You didn't file for this quickly enough so there is now nothing you can do.
Here is an article summarizing statute of limitaions laws for Texas.
http://www.expertlaw.com/library/limitat...
Clearly I dont have enough information. Were they deposited into your accounts? Were they signed over? Did you write on the back of the check to the order of? There could be many reasons they went into another account. The corporation would have to assign the check over. The bank doesnt need that information to deposit it. If somebody did something illegal its the person that transferred the check. But Im guessing the corporation knew who the transfered it too or who cashed it.
Its fraud and stealing ect. The bank didnt do anything wrong you have to go after the person that did it. They bank will help you in anyway possible. The question is why did somebody have that check? Thats corporate responsibility. The person that signed over the check to themselves for another account could go to jail for many years. But you would assume the corporation was smart enough to know where their checks were going. If not fire your accountant.
Its 100% legal unless somebody committed forgery. Then its on that person, not the bank. Get the police involved.
**** UPDATE ****
I agree with the poster below but my understanding fraud is a federal offense and there is no statue of limitation for bank fraud. Its been awhile.
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