Friday, October 30, 2020

Ethics Case 26.10

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This case concerns a company by the name of Actors Equity, an employee and Bank of New York. In 18 Actors Equity were in search of a new comptroller. After reviewing applications, they chose Nicholas Scotti as their new comptroller. In his application, he stated that he had held various financial positions with reputable companies. Actors Equity chose to offer Mr. Scotti the position without contacting previous employees and conducting a background check.


Actors Equity maintained a checking account at the Bank of New York. Within the first six months Scotti forged the signature of the appropriate employees on four checks totaling $100K. All checks were made payable to N. Piscotti. The bank paid the checks. Once Scotti resigned Actors Equity conducted some research and they found that Scotti's real name was actually N. Piscotti. Actors Equity sued the drawee bank to recover the $100K.


In this case Scotti did not act ethically. First, he lied about his real name. Second, he inflated his resume to seem as if he had an extensive job history with reputable companies. Third, he lied about having a criminal history in order to be considered for the new position. Fourth, he forged the signatures of company employees to enable him to cash the checks under his real name. Fifth, he cashed the checks knowing that the money was not rightfully his.


There are many items to consider when deciding if Actors Equity should have sued Bank of New York to recover the forged checks. The bank does have a duty of care when conducting business for a customer. As far as the bank was concerned each of the cashed checks were valid. Each of them contained proper authorizing signatures from Actors Equity. When the checks were presented, the presenter had proper identification to satisfy the validity of the check. The forged signatures were of professional quality. As far as the bank is concerned they did nothing out of the ordinary and certainly did not conduct themselves negligently.


Actors Equity had a great deal of negligence on their part. If this company had conducted a contact to Scotti's previous employees, they would have discovered that he was not employed with them and certainly not as a comptroller. If a background check would have been conducted then they would have found out the person had an extensive criminal history. With a simple check on this person they would have discovered the most important thing, that this person's name was not Nicholas Scotti, but it actually was Nicholas Piscotti. Another area that they failed to consider is their internal controls in regards to checks. If Actors Equity would have had a better system to ensure checks validity before they are released, the check might have been caught before they were drawn.


When considering forgery and negotiation of invalid checks the onus falls on the party that had the greater opportunity to prevent the fraud. In this case it was Actors Equity. They failed on several occasions to prevent this and failed to do so. As far as the law is concerned, they have no recourse to go back to Bank of New York and recover the amount of the forged checks.


In this case The Bank of New York wins. They conducted themselves correctly in the cashing of the checks. Perhaps in the future Actors Equity will investigate their prospective employees in a more detailed manner. In this case Actors Equity will have to take this as a lesson learned and an area for improvement.


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