El Camino Resources, Ltd. and Other Financing Sources of Cyberco Sue Huntington Bank Alleging Aiding and Abetting.CHATSWORTH, Calif. -- On June 22, 2007, two leasing companies, El Camino Resources, Ltd. and ePlus Group, Inc., and a Missouri based national bank, Bank Midwest, N.A., filed a lawsuit against The Huntington National Bank in the United States District Court for the Western District of Michigan The United States District Court for the Western District of Michigan is the Federal district court with jurisdiction over of the western portion of the state of Michigan, including the entire Upper Peninsula. (El Camino Resources, Ltd., a California corporation; ePlus Group, Inc., a Virginia corporation; and Bank Midwest, N.A., a national banking association v. The Huntington National Bank, a national banking association, Case no. 1:07-CV-598) alleging that Huntington Bank aided and abetted Cyberco Holdings Inc. in perpetrating a multi-million dollar financial fraud built around the financing of phantom computer equipment. The Complaint points to Cyberco's use of the depository The place where a deposit is placed and kept, e.g., a bank, savings and loan institution, credit union, or trust company. A place where something is deposited or stored as for safekeeping or convenience, e.g., a safety deposit box. and wire-transfer facilities of Huntington Bank to launder Launder To move illegally acquired cash through financial systems so that it appears to be legally acquired. monies illicitly obtained from other financial institutions with the bank's knowledge and cooperation as essential to Cyberco's scheme. The Plaintiff group alleging this financial malfeasance The commission of an act that is unequivocally illegal or completely wrongful. Malfeasance is a comprehensive term used in both civil and Criminal Law to describe any act that is wrongful. by Huntington Bank, which includes financial companies based in California, Missouri California is a city in Moniteau County, Missouri, United States. The population was 4,005 at the 2000 census. It is the county seat of Moniteau CountyGR6. It is part of the Jefferson City, Missouri Metropolitan Statistical Area. and Virginia, shows just how wide Cyberco spun its web of financial fraud. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the lawsuit, Huntington Bank became aware of Cyberco's suspicious activities in 2003 and told it to leave the bank in January, 2004. However, at that time, instead of freezing Cyberco's accounts, or denying further access to Huntington Bank's facilities, Huntington Bank put in motion a plan that allowed it to take $17,000,000.00 of accelerated pay-downs from Cyberco in the months just prior to the collapse of the fraudulent scheme Noun 1. fraudulent scheme - an illegal enterprise (such as extortion or fraud or drug peddling or prostitution) carried on for profit illegitimate enterprise, racket so as to repay entirely Cyberco's loans with the bank. The Plaintiffs claim Huntington Bank's improper actions propped up the fraudulent scheme of Cyberco which, without Huntington Bank's help would have collapsed in early 2004, leaving the bank unpaid but saving others from being victimized. The lawsuit specifically claims that Huntington Bank's assistance of Cyberco resulted in each of the Plaintiffs being added to the list of Cyberco victims. The Plaintiffs collectively funded $32,000,000.00 in computer equipment advances to Cyberco, from March to November, 2004, while Huntington Bank during that same period was taking its $17,000,000 out of Cyberco. The Complaint maintains that the $17,000,000.00 paid to Huntington Bank came from the tens of millions that washed through Cyberco's accounts at Huntington Bank in the months just prior to Cyberco's collapse. Of these funds, $50,000,000.00 came to Cyberco almost entirely from a single source, Teleservices Group, Inc., a sham False; without substance. A sham Pleading is one that is good in form but is so clearly false in fact that it does not raise any genuine issue. company set up by Cyberco that was not a legitimate customer of Cyberco, a fact which the plaintiffs allege To state, recite, assert, or charge the existence of particular facts in a Pleading or an indictment; to make an allegation. allege v. Huntington Bank knew. The lawsuit states Huntington Bank was alerted to these transactions, questioned them, but ultimately refused to take the steps it was required to take under federal law to stop them by freezing Cyberco's accounts. The plaintiffs allege that Huntington Bank knowingly allowed these transactions to be processed through accounts at the bank after having been served with Federal Grand Jury subpoenas in May, 2004 that were specifically directed at Cyberco's financial activities. Teleservices, according to the lawsuit, was controlled by Cyberco and was the vehicle through which Cyberco laundered tens of millions of lease and loan proceeds stolen from leasing companies and banks to purchase what turned out to be non-existent computer equipment. Teleservices would then take the advances made under the leases or loans and wire them to Cyberco's accounts at Huntington Bank, or make payments directly to Huntington Bank as pay-downs on Cyberco's loans. The Plaintiffs claim Huntington Bank knew the flow of monies from Teleservices was illicit but chose to turn a blind eye, even to the extent that between July and October, 2004 Huntington Bank took $7,145,000.00 in payments directly from Teleservices and applied them to Cyberco's loans. Inquiries should be made to:
John E. Anding
Drew Cooper & Anding, PC
Ledyard Building, Suite 300
125 Ottawa Avenue, NW
Grand Rapids, Michigan 49503
(616) 454-8300 or (616) 581-9271
John A. Graham
Jeffer, Mangels, Butler & Marmaro LLP
1900 Avenue of the Stars, Seventh Floor
Los Angeles, California 90067-4308
(310) 201-3523
This press release is issued solely by Plaintiff El Camino Resources, Ltd., a California Corporation, with its principal place of business located in Chatsworth, California, and not on behalf of any other party. El Camino Resources International, Inc. (ECR ECR Efficient Consumer Response ECR European Congress of Radiology ECR Electron Cyclotron Resonance ECR El Camino Real (Kings Highway; California) ECR Electronic Cash Register ECR East Coast Radio (South Africa) ) was founded in 1979 to provide technology equipment leasing/financing and computer trade-in opportunities for businesses and organizations. ECR specializes in mainframes, workstations, client/servers, storage devices and peripheral equipment from such industry leaders as IBM (International Business Machines Corporation, Armonk, NY, www.ibm.com) The world's largest computer company. IBM's product lines include the S/390 mainframes (zSeries), AS/400 midrange business systems (iSeries), RS/6000 workstations and servers (pSeries), Intel-based servers (xSeries) , Sun, and other selected manufacturers. El Camino's sister company, Infinite Computer Group LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control , provides a range of maintenance and information technology services to U.S. companies. ECR's Mexican subsidiary is a general lessor One who rents real property or Personal Property to another. A lessor of land is a landlord. Cross-references Landlord and Tenant. lessor n. the owner of real property who rents it to a lessee pursuant to a written lease. , leasing equipment over a broad range, varying from high-tech to low tech material handling equipment. |
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