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H.G. Silverman Litigation Group, P.C., et al. v. TD Bank, N.A., et al.

2022 622 F. Supp. 3d 15 (2022)

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H.G. Silverman Litigation Group, P.C., et al. v. TD Bank, N.A., et al.

United States District Court for the Eastern District of Pennsylvania
2022 622 F. Supp. 3d 15 (2022)

Facts

H.G. Silverman Litigation Group, P.C. (H.G.) (plaintiff) employed Molly Moore to handle certain financial transactions, including depositing the firm’s revenues into its account and using the firm’s funds to pay vendors. Between February 2018 and March 2020, Moore embezzled $130,725.39 by issuing more than 175 fraudulent checks payable to “Bounds Contracting” and “M.L. Bounds” and remotely depositing them into her personal checking account at TD Bank, N.A. (TD) (defendant). Moore’s account was registered exclusively under the name “Molly Moore.” After discovering the scheme, H.G. brought suit against TD, alleging that TD was liable for its losses under Pennsylvania Commercial Code § 3404(b) because TD failed to exercise ordinary care by allowing Moore to deposit checks that were not payable to her. Specifically, H.G. alleged that (1) TD’s procedures were not reasonably consistent with general banking usage because another bank, Capital One, refused to accept remote deposits of checks not payable to the account holder and (2) TD violated its own procedures because Moore’s mobile-deposit addendum to her online-banking agreement prohibited her from depositing checks payable to anyone but herself. TD moved to dismiss, arguing, among other things, that H.G. failed to state a claim under § 3404.

Rule of Law

Issue

Holding and Reasoning (Gallagher, J.)

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