$200K Transfer Goes Awry After One Dropped Digit: Lawsuit

News October 17, 2024 at 02:12 PM
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What You Need To Know

  • An unintended recipient has kept the money, says a lawsuit seeking restitution.
Dollar transforming into digital code

A lawsuit stemming from a misdirected funds transfer serves as a reminder for clients to mind their Ps and Qs — or, more to the point, account numbers — when moving money. It may also offer a cautionary tale on the potential pitfalls that can come with modern financial technology's ease and convenience.

LPL Financial customer Mark Ishimatsu asked the firm in June to withdraw $200,000 from his account and transfer it via Automated Clearinghouse, or ACH, to a Fidelity client using forms prepared by LPL Financial, according to the complaint.

One digit was missing from the intended recipient's account number, however, which meant the money erroneously landed in someone else's Fidelity account, and that person soon shifted the funds to Wells Fargo, according to the lawsuit, filed Wednesday against the accidental recipient in U.S. District Court for Eastern Pennsylvania.

Six days after the requested transfer, Ishimatsu, a California resident, asked LPL to reverse the transaction when his intended recipient, Haley Glor, didn't receive the money in her Fidelity account, the lawsuit contends.

LPL informed Ishimatsu that the routing number he had designated for transfer to Fidelity Investments was correct but that he did not designate the correct Fidelity account number, the complaint says.

In July, after attempts to recall the money failed, LPL employees recommended that Ishimatsu file a fraud report with Fidelity to release customer information for the account that erroneously received the $200,000, the suit says.

The next day, Fidelity informed Ishimatsu the money was no longer in the receiving account and that the account holder had withdrawn the funds, the complaint contends.

An August subpoena to Fidelity indicated that an account for Juan L. Acevedo of Reading, Pennsylvania, received the $200,000 that was intended for Glor, the suit alleges. Fidelity's records demonstrate that Acevedo's account received a $200,000 deposit from LPL on June 5, according to the civil complaint against Acevedo.

Shortly after this, two $100,000 transfers moved from Acevedo's Fidelity account to his Wells Fargo account, the complaint alleges.

Ishimatsu never intended to deposit the money into Acevedo's account, the complaint states.

"As such, Defendant Acevedo knew or should have known that the $200,000 deposited into his account was in error when received in his Fidelity Investments account on or around June 5, 2024, and never should have withdrawn the money knowing that it was not intended to be transferred to him," it contends.

Since the withdrawals to Wells Fargo, Acevedo continues to make those funds unavailable to Ishimatsu, LPL or Fidelity, making it impossible to reverse the erroneous transaction, the lawsuit contends.

The lawsuit accuses Acevedo of unjust enrichment and converting the funds to his own use.

Ishimatsu's attorney didn't immediately respond to an email seeking comment. Efforts to reach Acevedo for comment weren't immediately successful.

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