Victim Asks Capital One, ‘Who’s in Your Wallet?’

In December, I wrote about how a Louisiana electronics testing firm was suing its bank, Capital One, to recover the losses after cyber thieves broke in and stole nearly $100,000. It looks like another small firm in that state that was similarly victimized by organized crooks also is suing Capital One to recover their losses.

Joseph Mier

Joseph Mier and Associates Inc., a real estate appraisal company based in Hammond, L.a., lost more than $27,000 last year when five four unauthorized automated clearing house (ACH) withdrawals were made from its accounts and sent to individuals around the United States.

“I immediately contacted the bank, and for about a week dealt with them to correct the error,” Owner Joseph Mier said. “Finally, they said, ‘From what we can see, whoever did this used your credentials, but nobody breached our system and we’re not responsible.’ I told them maybe they should change their slogan to, “Who’s in your wallet?’”

A spokesperson for Capital One said the company does not comment on pending litigation.

Mier said a computer forensics firm that he hired to scour his systems found no indication that any of them were infected with malicious software.

“They came in and pulled my hard drives and did thorough scan to see if they can indicate if anyone hacked into my system,” Mier said.

It’s been slightly more than a year since he filed the lawsuit, but Capitol One has is still asking for more time for the discovery process, Mier said. He said even though his local region of Louisiana has been somewhat insulated from the housing market implosion, he’s had to lay off two employees due to low cash flow.

“Twenty-seven thousand may not seem like a lot next to some of these six-figure losses we keep reading about at different companies that have been hit like me, but that’s still working capital, and if you ain’t got money to fall back on you’ve sometimes got to let people go.”

The original complaint for Joseph Mier & Associates Inc. vs. Capital One is available here (.pdf).

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