CINCINNATI (CN) - The U.S. Bank National Association and National City Bank provide "essential banking services" to a payment processor that worked with fraudulent telemarketers "to raid the bank accounts of tens of thousands of consumers, many of them elderly," according to a class action in Federal Court.
The class claims the banks provided services to Integrated Check Technologies and Collect-A-Check, and three of their senior officers - none of whom are named as defendants in this case.
Integrated Check Technologies (ICT), of Columbus, is run by Thomas J. Cimicato, according to the complaint. John Josephson, whereabouts unknown, was CFO of ICT, and Gregory Whitworth, whereabouts unknown, was its vice president, the class claims.
Also named, but not as a defendant, is Collect-A-Check adba Check Free Recovery.
"ICT was a payment processor," the complaint states. "ICT issued and deposited remotely created checks also known as demand drafts on behalf of telemarketers.
"The telemarketing companies that use ICT as a payment processor were engaged in telemarketing fraud. A large number of them have been the subject of consumer complaints and law enforcement investigations for telemarketing fraud."
The class claims the U.S. Attorney for the Western District of New York and other state and federal regulators identified them as fraudulent telemarketers. The class consists of anyone whose bank accounts suffered from the "demand drafts" that ICT deposited into its own accounts, or into those of any of its subsidiaries, in the past 4 years.
The class demands damages for money laundering and mail fraud. It is represented by Robert Klinger. The lead plaintiff is a 90-year-old man from San Francisco.
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