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Commercial Law Keyed to Zierdt, 1st Ed.
Minskoff v. American Express Travel Related Services Co., Inc.
Citation:
98 F.3d 703 (1996)Facts
Edward J. Minskoff was the president and CEO of Edward J. Minskoff Equities, Inc., a real estate management firm. In 1988, Equities opened an American Express corporate account with one card issued in Minskoff’s name. In October 1991, Equities hired Susan Schrader Blumenfeld as assistant to the president/office manager, whose duties included reviewing credit card statements. In March 1992, Blumenfeld fraudulently applied for and received a supplemental corporate card in her name without Minskoff’s knowledge. She later fraudulently obtained a platinum card account, giving Minskoff his card while claiming it was an upgrade of his existing card. Between April 1992 and November 1993, Blumenfeld charged approximately $300,000 on these cards and paid the bills with about twenty forged checks drawn on Minskoff’s and Equities’ accounts. During this period, American Express sent at least 28 monthly statements clearly listing Blumenfeld as a cardholder and itemizing her charges, but neither Minskoff nor any other Equities employee (except Blumenfeld) reviewed these statements. The fraud was discovered in November 1993 when a bank called about a large check to American Express.
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