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Revisiting A Lawsuit Against Two Private Investigators

Posted in Asset Search/Fraud Investigation, Divorce & Child Support, Financial Institutions, Privacy Laws

Lawsuit Claims PI’s Could Have Illegally Accessed Bank Info, explained that plaintiff Victoria Florea had filed two lawsuits against private investigators Nicole Bocra and Terry L. Gilbeau, president of Checkmate Investigative Services, Inc.  The first of these lawsuits was voluntarily discontinued by plaintiff Florea and her lawsuit filed October 17, 2011, then took its place.

The lawsuits apparently claimed that investigators Bocra and Gilbeau were researching whether Francis Driscoll during his divorce with plaintiff Florea, could have hidden assets at banks in Puerto Rico.  According to allegations in one or more of the lawsuits, these investigators might have illegally conspired to access supposed bank customer information at Banco Popular of Puerto Rico, Western Bank and elsewhere.

One of the lawsuits indicated, for instance, that the alleged conspiracy could have involved the acquisition of this supposed Banco Popular bank account opening document:

(Click On The Document To Read It)*

The lawsuits claimed that more of Francis Driscoll’s alleged bank customer information could possibly have been illegally obtained.  This additional purported banking information consisted of the supposed financial data mentioned at defendant Bocra’s October 16, 2008 affidavit:

 (Click On The Affidavit To Read It)*

Bank customer information is, of course, ordinarily protected across the globe, by bank secrecy and other laws.  A law which safeguards bank customer information in the U.S., is the Gramm-Leach-Bliley Act, at 15 U.S.C. § 6801 (b).  As is set forth by Illegally Accessing Customer Information At U.S. Banks, this statute especially requires financial institutions to safeguard bank customer information:

(b) Financial institutions safeguards
In furtherance of the policy in subsection (a) of this section, each agency or authority described in section 6805(a) of this title shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards -
(1) to insure the security and confidentiality of customer records and information;
(2) to protect against any anticipated threats or hazards to the security or integrity of such records; and
(3) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. (15 U.S.C. § 6801 {b}).

 

*The alleged Banco Popular document & the affidavit reproduced above, have been sanitized for privacy reasons.

Copyright 2012 Fred L. Abrams