The Huntington National Bank Complaint

The Huntington National Bank Bank account or service department,

Cashing a check without an account Making/receiving payments, sending money Michigan

I was purchasing a home care company called - - - , - ( - ) from a man named - - -/-/-. Upon completing my due diligence on the corporation, I came to find out that the corporation had virtually no patients and it did not comply with required Medicare/Medicaid regulations as - - had originally led me to believe and as represented in section - of the stock purchase agreement. After learning of the multiple compliance issues and - - ' fraudulent scheme to transfer the company 's patients, I informed - - that I would no longer be purchasing this company and demanded a refund of the $100000.00 I sent to Huntington Bank to be held in an escrow account and be ONLY disbursed upon closing, - - refused to cancel the deal so I filed a lawsuit against him for breach of contract. During the purchase of - - - was represented by attorney - - of - -, -. As part of the transaction, - - and I signed an Escrow Agreement that was drafted by - -. As part of the agreement, I paid - - - checks, - for $20000.00

the money. During - - ' deposition taken on - -, -, he repeatedly testified that his Attorney, - - advised him to cash both the $80000.00 check and the $20000.00 check despite the contractual agreement ( referenced above ) that these funds are to be held by Huntington Bank in an escrow account. ( Exhibit A-- Deposition ). Pursuant to sections -, - and - of said agreement, if a claim is filed by either the Buyer or Seller, the funds in dispute may only be paid out upon receipt of, ( a ) a joint written direction of buyer and seller, ( b ) a final written decision of a neutral arbitrator or ( c ) a final non-appealable order of a court of competent jurisdiction. ( Exhibit B-Escrow Agreement ). - - was well aware of the terms and conditions that had to be fulfilled before the release of any funds held in escrow and of his obligation to return any money held in escrow, if the purchase transaction was not followed through with for some reason. I have attached email correspondence between Huntington Bank 's Escrow Manager and - - a/k/a - -, - - 's paralegal, showing that - - instructed the Bank to return the escrow checks to his office, whereby, he proceeded to give them to - -, who cashed on the advice of - -. Based on all the evidence and documentation obtained during the course of discovery in this case, it is clear that - - had every intention of knowingly helping - - perpetrate fraud not only against me, but also against Huntington Bank because he knew that as soon as - - got those checks he was going to cash them. In an effort to conceal his part in the fraudulent scheme that he and - - committed during this whole ordeal, - - withdrew as attorney for - -, but then filed a motion as an intervening Plaintiff, for no other reason than to monitor the progression of this case and try to influence the outcome to the benefit of - - and himself. As former defense counsel to - -, - 's intervention as Plaintiff is clearly a conflict because what interests is he trying to protect? - - even went so far as to write an email to case evaluation tribunal advocating on behalf of - - and calling me a liar.