On November 16, 2001 a
Exhibit,Appendix
was filed
involving a dispute between
Educated Systems & Solutions Inc,
Education Systems & Solutions Inc,
Microcheck Solutions Inc,
Microcheck Systems Inc,
Smith, Mike,
and
Campbell, Alex,
Cms Technologies,
Cms Technology,
Educated Solutions Inc,
Frost Bank Texas,
Hayden, Jim,
Jabecki, Jason,
Jablecki, Jason,
Michoice Technology Systems Inc,
Murphy, Scott,
Smith, Mike,
Zigrossi, Chirs,
Zigrossi, Chris,
Zigrossi & Murphy L L C,
Manning, John D,
for INJUNCTION
in the District Court of Harris County.
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~ A
ROY MURPHY & ASSOCIATES
: ATTORNEYS AT LAW
12527 CYPRESS NO. HOUSTON RD., SUITE 110
CYPRESS, TEXAS ,77429-3607
8}
ROY MURPHY, Ill
BOARD CERTIFIED OFFICE: 281.807.4400
PERSONAL INJURY TRIAL LAW FAX: 281.958.9922
‘TEXAS BOARD OF LEGAL SPECIALIZATION ~
VIA: FACSIMILE 1 4 2 wy)
FACSIMILE 1,9$6,382,6369 & FIRST CLASS MAIL B= “
January 30, 2003 ee, =
fat
Washington Mutual Bank aes ”
Attn: Anabel Nemrow./ Marion Castro, Legal Dept. qeVes ~
200 So. Pine Island, Suite 212 wae SB
Plantation, FL 33324 252 3
B23
RE: Microcheck Systems, Inc./Fraud/Forgery
Fraudulent Microcheck Systems Account No. 3942320974
Personal Account of Michael Bianchi — No.193-176489-8
Houston, Harris County, Texas
Dear Ms. Nemrow and Castro:
Please be advised that the undersigned has been retained to represent
Microcheck Systems, Inc. in a claim against your bank for damages sustained when
Michael Bianchi opened a fraudulent account in the name of Microcheck Systems, Inc.
This account was opened at Washington Mutual Bank's Town & Country branch
on February 6, 2002. At the time that Mr. Bianchi opened this account, he was acting
as a contract accountant for Microcheck Systems, Inc.
Your bank has been previously supplied with some of the details surrounding the
occurrence which was outlined in a November 18, 2002, letter sent by Mike C. Smith,
President of Microcheck, to Washington Mutual's forgery department. | am attaching a
copy of that letter for your review. Apparently, Mr. Bianchi altered legitimate
Microcheck Systems, Inc., customer invoices and diverted the receipts/payments to his
fraudulent Microcheck Systems account, as well as his personal account. Both of these
accounts numbers are set forth above.
Our investigation has revealed that this fraudulent bank account was opened by
Mr. Bianchi without appropriate documentation or authority from Microcheck Systems,
Inc. Your actions in allowing this to occur constitutes negligence which has resulted in
substantial damages to my client, Microcheck Systems, Inc. Under Texas law you are
charged with the duty of ordinary care to make certain that persons opening bank
accounts in the name of corporations have appropriate authority and documentation.
Your failure to follow these procedures constitutes negligence both at common law and .
under the Universal Commercial Code (UCC) of the state of Texas.
DEPUTY
|
BY.A A
1! am attaching an embezzlement breakdown document prepared by Microcheck’s
staff accountants. At the present time our verified damages are in the amount of Thirty
Six Thousand Two Hundred Twenty Nine and 59/100 Dollars ($36,229.59). We have
reason to believe that our damages will exceed Fifty Thousand Dollars ($50,000.00).
We are hereby putting you on notice that we are looking to you to reimburse
Microcheck Systems, Inc. for the damages they sustained as a result of your negligence
in allowing the fraudulent account to be opened at a branch of Washington Mutual
Bank. ,
Please give me a call within seven (7) working days so we may discuss this
matter. If | have not heard from you within a reasonable period of time | will take
whatever action is necessary to protect my client, including filing a lawsuit. Please be
advised that if a lawsuit is filed we will seek additional damages such as statutory
attorneys fees, penalties, interest, etc.
Your immediate attention to this matter will be greatly appreciated.
RM:fl
Enclosure(s)
Document Filed Date
November 23, 2005
Case Filing Date
November 16, 2001
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~ A ROY MURPHY & ASSOCIATES : ATTORNEYS AT LAW 12527 CYPRESS NO. HOUSTON RD., SUITE 110 CYPRESS, TEXAS ,77429-3607 8} ROY MURPHY, Ill BOARD CERTIFIED OFFICE: 281.807.4400 PERSONAL INJURY TRIAL LAW FAX: 281.958.9922 ‘TEXAS BOARD OF LEGAL SPECIALIZATION ~ VIA: FACSIMILE 1 4 2 wy) FACSIMILE 1,9$6,382,6369 & FIRST CLASS MAIL B= “ January 30, 2003 ee, = fat Washington Mutual Bank aes ” Attn: Anabel Nemrow./ Marion Castro, Legal Dept. qeVes ~ 200 So. Pine Island, Suite 212 wae SB Plantation, FL 33324 252 3 B23 RE: Microcheck Systems, Inc./Fraud/Forgery Fraudulent Microcheck Systems Account No. 3942320974 Personal Account of Michael Bianchi — No.193-176489-8 Houston, Harris County, Texas Dear Ms. Nemrow and Castro: Please be advised that the undersigned has been retained to represent Microcheck Systems, Inc. in a claim against your bank for damages sustained when Michael Bianchi opened a fraudulent account in the name of Microcheck Systems, Inc. This account was opened at Washington Mutual Bank's Town & Country branch on February 6, 2002. At the time that Mr. Bianchi opened this account, he was acting as a contract accountant for Microcheck Systems, Inc. Your bank has been previously supplied with some of the details surrounding the occurrence which was outlined in a November 18, 2002, letter sent by Mike C. Smith, President of Microcheck, to Washington Mutual's forgery department. | am attaching a copy of that letter for your review. Apparently, Mr. Bianchi altered legitimate Microcheck Systems, Inc., customer invoices and diverted the receipts/payments to his fraudulent Microcheck Systems account, as well as his personal account. Both of these accounts numbers are set forth above. Our investigation has revealed that this fraudulent bank account was opened by Mr. Bianchi without appropriate documentation or authority from Microcheck Systems, Inc. Your actions in allowing this to occur constitutes negligence which has resulted in substantial damages to my client, Microcheck Systems, Inc. Under Texas law you are charged with the duty of ordinary care to make certain that persons opening bank accounts in the name of corporations have appropriate authority and documentation. Your failure to follow these procedures constitutes negligence both at common law and . under the Universal Commercial Code (UCC) of the state of Texas. DEPUTY | BY.A A 1! am attaching an embezzlement breakdown document prepared by Microcheck’s staff accountants. At the present time our verified damages are in the amount of Thirty Six Thousand Two Hundred Twenty Nine and 59/100 Dollars ($36,229.59). We have reason to believe that our damages will exceed Fifty Thousand Dollars ($50,000.00). We are hereby putting you on notice that we are looking to you to reimburse Microcheck Systems, Inc. for the damages they sustained as a result of your negligence in allowing the fraudulent account to be opened at a branch of Washington Mutual Bank. , Please give me a call within seven (7) working days so we may discuss this matter. If | have not heard from you within a reasonable period of time | will take whatever action is necessary to protect my client, including filing a lawsuit. Please be advised that if a lawsuit is filed we will seek additional damages such as statutory attorneys fees, penalties, interest, etc. Your immediate attention to this matter will be greatly appreciated. RM:fl Enclosure(s)