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Law firm claims Bank of America failed to return funds to customer

Lawsuits

By Jenie Mallari-Torres | Jul 2, 2018


NEW YORK (Legal Newsline) – A Washington, D.C. law firm alleges that a bank is wrongfully retaining funds.

North Star Intellectual Property Law PC filed a complaint on June 19 in the U.S. District Court for the Southern District of New York against Bank of America NA and Does 1-8 alleging federal and state unjust enrichment.

According to the complaint, the plaintiff alleges that it is a victim of business email compromise fraud and that in May, it learned its South Korean customer C&S sent $1.59 million to at least one Bank of America account.

"NSIP Law immediately reported this fraud to the Federal Bureau of Investigation and began working with the FBI and C&S to assist C&S in the retrieval of a portion of the funds that remain deposited with and held by Bank of America," the suit states.

The plaintiff alleges it contacted the defendant in May and requested that it not transfer or disperse any funds to any other entity until C&S prepared a refund. It alleges the defendant continues to hold the funds.

The plaintiff holds Bank of America NA and Does 1-8 responsible because the defendants allegedly received and retained wrongful benefits and funds from plaintiff's client, failed to conduct a proper investigation and failed either to return the funds to C&S or obtain permission to forward the funds to plaintiff despite receipt of notice.

The plaintiff requests a trial by jury and seeks judgment against defendant, award costs and attorney's fees, disbursements, interest, and further relief as the court deems just. It is represented by Boris Kogan of Boris Kogan & Associates in New York, New York and Paul Grandinetti and Rebecca J. Stempien Coyle of Levy & Grandinetti in Washington, D.C.

U.S. District Court for the Southern District of New York case number 1:18-cv-05512

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U.S. District Court for the Southern District of New York New York Division

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