A business telephone equipment company in Texas is trying to force its bank to settle a liability claim over an attack by organized cyber thieves last year that cost the company $50,000.
Attorneys for Dallas-based Hi-Line Supply Inc. recently convinced a state court to require depositions from officials at Community Bank, Inc. of Rockwall, Texas. Hi-Line requested the sworn statements to learn more about what the bank knew in the time surrounding Aug. 20, 2009, when crooks broke into the company’s online bank accounts and transferred roughly $50,000 to four individuals across the country who had no prior business with Hi-Line.
While the contents of that deposition remain closed under a confidentiality order, Hi-Line’s lawyers say the information gleaned in the interviews shows serious security missteps by Community Bank, and that they are ready to sue if the bank does not offer a settlement.
“In the event Community Bank refuses to resolve this matter, now that we have uncovered some of the information obtained by virtue of the court’s order, Hi-Line intends to assert claims for misrepresentation, violations of the Texas Deceptive Trade Practices Act, fraud, and breach of warranties, among other things,” said Michael Lyons, a partner with the Dallas law firm Deans Lyons.
Hi-Line president Gary Evans said the fraud began on Thursday, Aug. 20, about the same time the company processes its normal $25,000 payroll. After Hi-Line submitted that batch of payments to its bank, the unknown intruders attempted two more transfers of nearly identical amounts on Friday and the following Monday, Aug. 24.