Stanley A. Erb became a vice president of the Shearson Lehman Brothers, Inc., branch office in Provo, Utah. That year, Erb was contacted by McKay Matthews, the controller for the Orem, Utah-based...


Stanley A. Erb became a vice president of the Shearson Lehman Brothers, Inc., branch office in Provo, Utah. That year, Erb was contacted by McKay Matthews, the controller for the Orem, Utah-based WordPerfect Corporation and its sister corporation, Utah Softcopy. At Matthews’s request, Erb established and managed three separate investment accounts at Shearson. The accounts were for the benefit of the WordPerfect and Utah Softcopy corporations, and one account was for the WordPerfect principals, Allen Ashton, Bruce Bastian, and Willard Peterson. In March of that year, Erb personally accepted from Matthews a check drawn by Utah Softcopy for $460,150.23 and payable to the order of “ABP Investments.” At that time, there was no ABP investment account at Shearson, although the WordPerfect principals maintained accounts elsewhere in that name. Erb accepted the check, but rather than deposit it in one of the three authorized accounts, Erb opened a new account at Shearson in the name of “ABP Investments,” apparently by forging the signature of Bruce Bastian on the new account documents. Over the next eleven months, Erb induced Shearson to draft thirty-seven checks on the ABP Investment account, payable to ABP Investments, by submitting falsified payment requests to Shearson’s cashier. The checks were mailed to an Orem post office box unknown to WordPerfect and its principals. Erb would obtain the checks and indorse them in the name of ABP Investments. He took the checks to Wasatch Bank for deposit into his personal account. Wasatch accepted the deposits and later allowed Erb to withdraw $504,295.30, the entire amount, from the account. Shearson discovered Erb’s activities after Erb had left Shearson after two years. Shearson brought a suit against Wasatch Bank. Discuss who should prevail.

Jan 04, 2022
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