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METABANK: Sued in N.H. Over Refused $4.2M Embezzlement Repayment
MetaBank of Iowa is facing a class-action complaint before the U.S. District Court for the District of New Hampshire over allegations that it refuses to repay an embezzled $4.2 million, CourtHouse News Service reports.
Guardian Angel Credit Union, of Berlin, N.H., that MetaBank allowed an employee to embezzle $4.2 million in deposits, and has refused to reimburse the customers from whom she stole the money.
The credit union claims MetaBank admits that its employee Charlene Pickhinke absconded with the money, including Guardian Angel's $99,000.
The credit claims MetaBank admits that Ms. Pickhinke stole $99,000 deposits from 50 MetaBank customers, and it has refused to refund any of the money, or interest owed on it.
It claims Ms. Pickhinke stole the money over three years.
The plaintiffs bring this action as a class action pursuant to Rules 23(a) and (b) of the Federal Rules of Civil Procedure, on behalf of all other persons or entities residing or doing business within the United States who satisfy the following criteria:
(i) the class member made a deposit with MetaBank, or any employee, representative or agent thereof, with the intention of receiving a certificate of deposit from such institution;
(ii) MetaBank, or any employee, representative or agent thereof, issued the class member a certificate of deposit on account of such deposit;
(iii) MetaBank believes, or the available evidence indicates, that a MetaBank employee, representative or agent, whether current or former, has absconded with the deposit made by the class member; and
(iv) as of the date of the complaint, MetaBank has failed to repay the class member the deposit which it made or any accrued interest.
The plaintiffs want the court to rule on:
(a) whether MetaBank's actions and conduct constitute a breach of contract;
(b) whether MetaBank's actions and conduct constitute a negligence on its behalf, or on behalf of its officers and management;
(c) whether MetaBank is vicariously liable for the unlawful actions of its employee; and
(d) whether MetaBank's insurance coverage is applicable to the claims of the class members.
The plaintiffs ask the court for:
-- an award in the amount of its damages;
-- attorney's fees and costs of litigation; and
-- any further relief which this court deems appropriate.
The suit is "Guardian Angel Credit Union, et al. v. MetaBank et al," filed in the U.S. District Court for the District of New Hampshire. Representing the plaintiffs is:
Christopher T. Meier, Esq. (cmeier@coopercargillchant.com) Cooper Cargill Chant, PA 29563 White Mountain Highway North Conway, NH 03860 Phone: 603-356-5439 Fax: 603-356-76-975
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