Court: Ex-bank employee must repay $800k to customer

On Wednesday, ex-Royal Bank of Canada (RBC) employee Leanna Pereira was ordered to pay almost $725,000 to Dilks Diseree Pierre, of La Romaine. Pereira was also ordered to pay costs of $80,300.

The order was made by Justice Frank Seepersad, who was presiding over Pierre’s claim against Pereira and the bank. The matter was expected to go to trial.

The claim against RBC was withdrawn and Pierre was ordered to pay its costs, amounting to $90,000.

In her lawsuit, Pierre was seeking to hold the bank vicariously liable and negligent over Pereira's alleged conduct.

Judgment was entered against Pereira, who failed to file a defence to the claim.

Seepersad also had some words of warning for citizens, as he admitted the matter had left him with some “disquiet.”

“There seems to be a significant increase in the number of fraud claims before the court and it appears that this republic is fast becoming the land of fraud, fake news and fete.

“Given the significant increase in fraudulent activity, citizens must now exercise extreme vigilance and protect themselves and their assets. Take nothing for granted and verify all information before any investment or real-estate transaction is pursued.”

He also said it was "difficult to comprehend the inaction and or inability" of the police to follow up on Pierre's report.

“This defendant had a work history with a financial institution. She is not a mysterious individual. Her identity is known.”

He criticised what he termed the “abysmal failure” by the police to “discharge its mandate to protect and serve.”

“Sadly, there appears to be a disturbing situation of selective enforcement.

“If this second defendant (Pereira) cannot be found then we need more than prayer. The situation which confronts the society is distressing and disturbing."

He directed that the proceedings and the transcript of Wednesday’s hearing should be sent to the police commissioner and the director of the Police Complaints Authority.

He also said anyone who commits fraudulent activity should be held to account.

In her lawsuit, Pierre claimed she met an inmate at the Eastern Correctional and Rehabilitation Centre in Santa Rosa during a visit with a member of her church.

She said she began a friendship with the inmate, who asked her to contact a US-based attorney for the transfer of the proceeds of the sale of a piece of land.

Pierre said she contacted the attorney, who offered to help her with financial investments, and also introduced her to Pereira.

Pierre said she began sending Pereira money for investments in early 2019, but became suspicious when she received financial statements on the bank’s letterhead.

It was at this time, she said, she realised she was a victim of fraud.

Pierre went to the bank and the police.

In its defence, the bank insisted it was not vicariously liable for Pereira’s actions, as it had not authorised the acts alleged against it.

The bank also argued that Pereira’s alleged acts were not done in the course of her employment, but took place because of the opportunity she had as that being an employee gave her.

“Although the claimant is a customer, at the time of the alleged transactions, she was not engaged in or transacting business with the first defendant (RBC) and, therefore, it did not owe her a duty of care.”

The court’s records show the bank held an internal investigation which uncovered that its letterhead was used without authorisation. It said the letterheads were used to prepare documents containing fradulent information which were given to Pierre and other people.

In all, Pierre claimed reimbursement of $750,000 from the bank which she said she paid to Pereira and the same amount against the ex-bank worker. Because she withdrew her claim against the bank, and judgment was entered against Pereira, the ex-bank worker will have to pay. /p>

Pierre was represented by Cedric Neptune, Auldric Neptune, and Colin Cleghorn. The bank was represented by Keston McQuilkin and Andrea Orie.

Pereira was not represented in the matter.