Bank seeks reimbursement for fraudulent check

Ann Knef Sep. 7, 2006, 5:12am

A New York bank is suing a Millstadt man and the Associated Bank branch in Fairview Heights for cashing a fraudulent $131,212.40 check.

North Fork Bank of Melville, N.Y. claims Randall Helfrich of 6176 Floraville Rd. in Millstadt deposited a check from its account holder Heartland Management Corp. in his Associated Bank account on June 20, 2003.

According to the suit filed Aug. 25 in St. Clair County Circuit Court, Helfrich subsequently transferred the funds to DBS Bank Ltd.

North Fork Bank, represented by David G. Wasinger and Michael K. Daming of St. Louis, claims it was notified by Heartland that the check was not issued by them after North Fork had paid Associated for the amount of the check.

North Fork Bank claims it has not been reimbursed by Associated Bank. It also claims Associated breached transfer and presentment warranties because Heartland's signature was not genuine.

Helfrich is being sued for conversion and unjust enrichment.

North Fork Bank is seeking a judgment in the amount of $131,212.40, costs and attorneys' fees.

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