Can I file criminal charges against a bank employee that I dated who took money out of my account

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I was dating a girl that works at a credit union. After our break-up she got into my(only mine not with her) account and took the money....grant it only $5...and she closed the account w/o my permission. I'm not worried about the money but i don't like the fact she has that type of info available. SS# ect. What can she be up against even though her boss told me he would handle internally?

Attorney Answer

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Ruben Gonzalez 100439.Html ·
Although the amount is minor, the unauthorized access of personal financial information is a potentially serious federal offense, see 18 United States Code, Section 1029; makes unlawful to “knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period;…” I recently defended a client against this accusation; the federal law is very powerful. I recommend you contact your bank and inform them that your former girlfriend accessed your personal account without your authorization and took funds from you. As you said, it basically has nothing to do with the amount of the money taken; it is in-fact that she has your personal information and may give to others or use it herself and cause you financial ruin. You need to establish a date that you can point others (law enforcement and financial) to when your personal financial information was compromised so you may be able to explain unauthorized expenditures, lines of credit applications and etc. that may occur in the future. As you can guess this type of crime is one of the fastest growing areas of concern for everyone. The Bank may have other reporting requirements to ensure they have properly reported the violation to the federal authorities the violation of your personal information and the potentially unlawful access of your bank account by their employee if the bank is a nationally chartered bank. The nationally chartered banks must comply with federal banking regulations under the U.S. Department of Treasury and the Office of Comptroller of the Currency (OCC). See the weblinks below. Bottomline, the Bank if it did not properly report the bad act and you sustain addtional losses because of it, they could be penalized harshly, and may be finanically responsible for your future losses if you can establish it was stolen via the information taken by your girlfriend; thus, it is more important to develop a papertrail. I recommend that you write a certified letter to the bank what you explain and state your concerns over potential future losses. Ask the bank what steps they have or will take to 1) protect your financial information, 2) what steps have they taken to report this matter to the proper regulatory body (or do they have a responsiblity to report the matter) and 3) what do they intend to do to make you whole for the time and expense you have had to undertake because of their employee's improper actions. Base upon their response they clearly have been notified the ball is in their court and they must respond to you because of liability with the government and you, personally. http://uscode.house.gov/search/criteria.shtml http://www.ustreas.gov/bureaus/ http://www.occ.treas.gov/
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