No ECOA Standing from Minority-Enterprise Status 
By Deborah Elkins
Published: August 2, 2011
Tags: Banks & Banking, Fairfax County Circuit Court, Judge Lorraine Nordlund, Virginia Circuit Courts
In this suit by an Indian business man and his four businesses alleging a claim against a commercial lender under Virginia’s Equal Credit Opportunity Act, a Fairfax Circuit Court says the minority-owned business certification of two of the corporate plaintiffs does not create standing to allow their suit under the ECOA. Plaintiffs analogize to cases [...]
Bank Sues Lawyer for Overdraft from ‘Check Scam’ 
By Deborah Elkins
Published: January 11, 2011
Tags: Banks & Banking, Judge Dennis Dohnal, U.S. District Court - Eastern District
In a bank’s lawsuit against a lawyer to cover the trust account overdraft that resulted after a wire transfer on a fake check deposited in a Chinese version of the “Nigerian Check Scam,” a magistrate judge for the Richmond U.S. District Court says the lawyer breached transfer warranties but he should have a chance to [...]
Lawyer falls prey to Chinese ‘check scam’ 
By Deborah Elkins
Published: January 11, 2011
Tags: Banks & Banking, Federal Courts, Judge Dennis Dohnal, Scams
It wasn’t a Nigerian prince, but a Chinese CEO who tripped up an Ashland lawyer in a newer version of a familiar scam that has the victim forwarding his own funds to cover a fake check. In the Asian version, the scammers may be a little more artful, in their stories and in their counterfeit [...]
Bank back in hot water? 
By Peter Vieth
Published: October 12, 2010
Tags: Banks & Banking, Federal Courts, Fraud, Judge Gerald Bruce Lee
A lawyer’s dogged efforts to find evidence linking Bank of America employees to shady Carolina land sales may have landed him in trouble with a federal judge, but the evidence he uncovered has breathed new life into claims against the bank by 88 Virginia real estate investors. Based on evidence from e-mails allegedly procured through [...]
Banks & Banking – Swiss Bank Accounts – IRS – Disclosure 
By Deborah Elkins
Published: September 15, 2010
Tags: Banks & Banking, Judge Liam O'Grady, U.S. District Court - Eastern District
An Alexandria U.S. District Court grants judgment for a taxpayer accused of willfully failing to report his interest in two Swiss bank accounts for the tax year 2000 in violation of 31 U.S.C. 5314, as the government’s evidence that the taxpayer failed to check the correct box about foreign bank accounts on his Form 1040 [...]
Banks & Banking – Rejection Of Deposits – Foreign Currency 
By Deborah Elkins
Published: August 16, 2010
Tags: Banks & Banking, Judge Richard L. Williams, U.S. District Court - Eastern District
A bank did not breach its contract with plaintiff depositor when it rejected a variety of foreign currencies plaintiff attempted to deposit with the bank, some by ATM, and a Richmond U.S. District Court grants summary judgment to the bank in plaintiff’s suit alleging conversion, breach of contract, slander and negligence. The only “dominion” defendant [...]
Trust must pay lawyer fees to bank 
By Deborah Elkins
Published: August 16, 2010
Tags: Banks & Banking, Federal Courts, Judge Henry E. Hudson
A bank that won a lawsuit alleging mismanagement of trust funds can collect over $825,000 in attorney’s fees and costs from that same trust, a Richmond U.S. District Court has ruled in W.A.K. II v. Wachovia Bank. N.A. (VLW 010-3-414). The dispute involved a trust set up by Rosalie Schwarzschild Karo for the benefit of [...]
Banks & Banking – Stop Payment – Cashier’s Check – Affidavit Of Fraud 
By Deborah Elkins
Published: February 1, 2010
Tags: Banks & Banking, Fairfax Circuit Court, Judge Randy I. Bellows
A Fairfax Circuit Court dismisses plaintiff businessman’s suit to collect damages under Va. Code § 8.3A-411 from defendant bank for issuing a stop payment order on plaintiff’s $35,000 cashier’s check drawn on plaintiff’s title company account because an affidavit of fraud presented to the bank by plaintiff’s business partner gave the bank a defense to [...]



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