HEFFERNAN v. MARINE MIDLAND BANK


267 A.D.2d 83 (1999)

701 N.Y.S.2d 4

MICHAEL G. HEFFERNAN et al., Appellants, v. MARINE MIDLAND BANK, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 14, 1999.


The complaint alleges that from 1985 through 1996 a former employee (Helliwell) of defendant bank perpetrated a "Ponzi" scheme, in which he solicited plaintiffs (many of whom appear to have been friends and family members) to invest in a purported "Trust B" account. Helliwell falsely represented to plaintiffs that the funds would be used to purchase notes issued and guaranteed by the bank. The funds plaintiffs entrusted to Helliwell...

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