My questions involve some kind of law in the state of: Louisiana, California & Washington
We have a service type business, so no walk-in customers. All financial transactions are handled through the mail or over the phone and processed through an online merchant gateway (ie PayPal). I have a former employee that illegally opened several online merchant gateway accounts in my name. She used my name, birth date & social, along with my business name & FEIN to open these accounts. Some of the companies she tried to open the accounts with refused, because of various reasons, including info in accounts that didn't match. Two very large conglomerates allowed her to process funds through them anyway.
She took checking and credit card info from my customers for debts owed to my business and that was supposed to have been deposited into my business account, deposited these funds into these other accounts she created. These funds were then deposited directly into her own personal checking account. Neither my name/info, nor my business name/info were associated with her personal checking account.
My understanding is that these merchant companies are supposed to make sure that the funds are to be transferred into an account that has the same social or FEIN. They didn't bother to check. The former employee is currently in jail (go me!!), but I am out almost $60,000. For a small business, that is catastrophic. I want to go after the merchant companies that did not do their due diligence. To these merchant companies, this amount of money is nothing. We are talking about well-known, huge conglomerates worth billions. One is based in California, the other in Washington. I am in Louisiana (oh yay, Napoleonic code).
Question 1) Any idea what type of lawyer I need?
Question 2) I have already spent several thousand dollars trying to subpoena these companies & recoup some of the money from her local bank (what was left). After filing a restraining order, her local bank still allowed her bills to be payed from her personal checking account (what part of "restraining order" didn't they understand??). The California company complied with the subpoena. The Washington company has given me nothing but grief and has been difficult for the police to deal with too. Will I end up spending more in legal fees and not be able to recoup anything from these merchants? Question 3) Can I recoup legal fees in addition to my actual loses?
I tried calling a few local law firms just to ask what type of lawyer I need. No one will call me back even to just say they have no clue. If I tried to sue the former employee, I would need an attorney that handles embezzlement cases, but she is in state prison and spent everything already. I believe the merchant companies have a responsibility here that they failed to do their job. I hope someone can help me.
We have a service type business, so no walk-in customers. All financial transactions are handled through the mail or over the phone and processed through an online merchant gateway (ie PayPal). I have a former employee that illegally opened several online merchant gateway accounts in my name. She used my name, birth date & social, along with my business name & FEIN to open these accounts. Some of the companies she tried to open the accounts with refused, because of various reasons, including info in accounts that didn't match. Two very large conglomerates allowed her to process funds through them anyway.
She took checking and credit card info from my customers for debts owed to my business and that was supposed to have been deposited into my business account, deposited these funds into these other accounts she created. These funds were then deposited directly into her own personal checking account. Neither my name/info, nor my business name/info were associated with her personal checking account.
My understanding is that these merchant companies are supposed to make sure that the funds are to be transferred into an account that has the same social or FEIN. They didn't bother to check. The former employee is currently in jail (go me!!), but I am out almost $60,000. For a small business, that is catastrophic. I want to go after the merchant companies that did not do their due diligence. To these merchant companies, this amount of money is nothing. We are talking about well-known, huge conglomerates worth billions. One is based in California, the other in Washington. I am in Louisiana (oh yay, Napoleonic code).
Question 1) Any idea what type of lawyer I need?
Question 2) I have already spent several thousand dollars trying to subpoena these companies & recoup some of the money from her local bank (what was left). After filing a restraining order, her local bank still allowed her bills to be payed from her personal checking account (what part of "restraining order" didn't they understand??). The California company complied with the subpoena. The Washington company has given me nothing but grief and has been difficult for the police to deal with too. Will I end up spending more in legal fees and not be able to recoup anything from these merchants? Question 3) Can I recoup legal fees in addition to my actual loses?
I tried calling a few local law firms just to ask what type of lawyer I need. No one will call me back even to just say they have no clue. If I tried to sue the former employee, I would need an attorney that handles embezzlement cases, but she is in state prison and spent everything already. I believe the merchant companies have a responsibility here that they failed to do their job. I hope someone can help me.
Business Issues: Case
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