White v. Keely

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s complaint alleging that defendants violated False Entry Statute by falsifying official bank reports in order to cover up unauthorized transfers made from plaintiff’s bank accounts in defendants’ bank. Record showed that plaintiff had previously been convicted of check fraud arising from plaintiff’s $500,000 check that was deposited into one of his accounts at defendants’ bank, where said check lacked sufficient funds, and while plaintiff alleged that defendants transferred certain funds without his authorization which resulted in his prosecution on check fraud count, plaintiff failed to allege that he detrimentally relied upon said reports or that alleged unauthorized transfer was caused by any false bank reports, especially where said reports were generated only after money transfers had taken place. Ct. further found that any claim that defendants’ action caused plaintiff to be prosecuted for check fraud were without merit, since plaintiff had been prosecuted for his own conduct in writing $500,000 check from account that he knew did not contain such funds. Ct. further found that plaintiff filed frivolous appeal that required future award of sanctions.