Consumer complaint received 2016-05-23
Product: Bank account or service — Cashing a check without an account
Issue: Making/receiving payments, sending money — 
Company: HUNTINGTON NATIONAL BANK, THE (MI)

I was purchasing a home care company called XXXX XXXX XXXX , XXXX ( XXXX ) from a man named XXXX XXXX XX/XX/XXXX. Upon completing my due diligence on the corporation, I came to find out that the corporation had virtually no patients and it did not comply with required Medicare/Medicaid regulations as XXXX XXXX had originally led me to believe and as represented in section XXXX of the stock purchase agreement. After learning of the multiple compliance issues and XXXX XXXX ' fraudulent scheme to transfer the company 's patients, I informed XXXX XXXX that I would no longer be purchasing this company and demanded a refund of the {$100000.00} I sent to Huntington Bank to be held in an escrow account and be ONLY disbursed upon closing, XXXX XXXX refused to cancel the deal so I filed a lawsuit against him for breach of contract. 
During the purchase of XXXX XXXX XXXX was represented by attorney XXXX XXXX of XXXX XXXX, XXXX. As part of the transaction, XXXX XXXX and I signed an Escrow Agreement that was drafted by XXXX XXXX. As part of the agreement, I paid XXXX XXXX XXXX checks, XXXX for {$20000.00} and XXXX for {$80000.00} and these checks were to be placed into an escrow account pending completion of the purchase transaction. During the Discovery phase of the lawsuit, it was discovered that the {$100000.00} was NEVER deposited into the escrow account, furthermore, XXXX XXXX had cashed the checks and spent the money. 
During XXXX XXXX ' deposition taken on XXXX XXXX, XXXX, he repeatedly testified that his Attorney, XXXX XXXX advised him to cash both the {$80000.00} check and the {$20000.00} check despite the contractual agreement ( referenced above ) that these funds are to be held by Huntington Bank in an escrow account. ( Exhibit A-XXXX Deposition ). Pursuant to sections XXXX, XXXX and XXXX of said agreement, if a claim is filed by either the Buyer or Seller, the funds in dispute may only be paid out upon receipt of, ( a ) a joint written direction of buyer and seller, ( b ) a final written decision of a neutral arbitrator or ( c ) a final non-appealable order of a court of competent jurisdiction. ( Exhibit B-Escrow Agreement ). 
XXXX XXXX was well aware of the terms and conditions that had to be fulfilled before the release of any funds held in escrow and of his obligation to return any money held in escrow, if the purchase transaction was not followed through with for some reason. I have attached email correspondence between Huntington Bank 's Escrow Manager and XXXX XXXX a/k/a XXXX XXXX, XXXX XXXX 's paralegal, showing that XXXX XXXX instructed the Bank to return the escrow checks to his office, whereby, he proceeded to give them to XXXX XXXX, who cashed on the advice of XXXX XXXX. Based on all the evidence and documentation obtained during the course of discovery in this case, it is clear that XXXX XXXX had every intention of knowingly helping XXXX XXXX perpetrate fraud not only against me, but also against Huntington Bank because he knew that as soon as XXXX XXXX got those checks he was going to cash them. 
In an effort to conceal his part in the fraudulent scheme that he and XXXX XXXX committed during this whole ordeal, XXXX XXXX withdrew as attorney for XXXX XXXX, but then filed a motion as an intervening Plaintiff, for no other reason than to monitor the progression of this case and try to influence the outcome to the benefit of XXXX XXXX and himself. As former defense counsel to XXXX XXXX, XXXX 's intervention as Plaintiff is clearly a conflict because what interests is he trying to protect? XXXX XXXX even went so far as to write an email to case evaluation tribunal advocating on behalf of XXXX XXXX and calling me a liar.