According to documents filed in U.S. District Court, Government Employees Credit Union (GECU) is suing the U.S. government and Frank Apodaca, AccessHealthsource president and CEO, for money the bank claims was either wrongfully seized by the FBI or wrongfully withdrawn by Apodaca.
In its suit, GECU claimed that agents wrongfully seized nearly $75,000 of a $91,000 sum paid to the government. The suit alleges that the government requested $14,405.76 in funds deposited into four named accounts belonging to Apodaca, but that the government did not at that time name another account containing approximately $77,000 in its search warrant.
The government claimed that the FBI agent who collected an initial check for $14,405.76 was informed by GECU Senior Vice President Fermin Acosta Jr. that Apodaca had withdrawn nearly $77,000 from the account not included in the warrant. Acosta placed a stop payment on the check issued to Apodaca earlier that day then issued a check for approximately $91,000 to the agents. The government claims that GECU “caused its own problems” by disbursing the $77,000 to Apodaca even though that money was in accounts named in the warrant.
The bank is asking the court to determine who is entitled to the seized funds and that the government return any seized funds if those funds are found to rightfully belong to Apodaca.
The government asks for the suit to be dismissed on the ground that the court “lacks subject matter jurisdiction to consider this action.”
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