An Error In Your Favor

The Dayton (Ohio) Bar Association has charged an attorney with misconduct in the wake of mistakenly sending $550 by Zelle intended for her spouse to a man in Illinois who had a closely similar name.

The below is alleged in the complaint:

Illinois Zack had an email address that allegedly was one character different from Husband Zachary.

Illinois Zack realized the mistaken transfer of funds and contacted the bank; he was told the error would be handled by the bank’s fraud department.

Respondent found Illinois Zack’s contact information.

She allegedly texted him that his retention of the transferred funds was “unlawful.”

A second text theatened a small claims suit and to “broadcast his immorality” to the “widest possible audience.”

She called him a “brain injured man” and a “thief.”

Respondent also allegedly sent emails to Illinois Zack’s wife (a third grade teacher) at her work email and contacted his employer and co-workers.

It is contended that Illinois Zack did nothing to impede return of the funds; rather, he had adhered to the instructions of the bank.

Respondent sued Illinois Zack several weeks after the funds had been returned to her and allegedly made false statements in the pleadings.

An amended complaint “pled causes of action…for Defamation Per Se; Defamation Per Quod; Conversion; Abuse of Process and Negligent Infliction of Emotional Distress. Her Defamation claims and her Abuse of Process claim are in part based upon [his] filing of a grievance against Respondent.”  (Mike Frisch)