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Remedies Keyed to Tabb, 8th
ProData Computer Services, Inc. v. Ponec
Citation:
256 Neb. 228 (1999)Facts
Marion Wamsat and Joseph Hartley founded ProData Computer Services in 1981 as sole shareholders. Ponec, who was married to Wamsat from 1962 to 1991, began working for ProData in 1982 as chief financial operator, handling all accounting, billings, collections, and financial records. Although never a shareholder, Ponec received compensation comparable to the owners, including a $70,000 salary, company car, and benefits. From 1990 through 1995, Ponec systematically embezzled ProData funds through multiple schemes: writing checks to fictitious vendors for cash, making direct payments for personal luxuries including jewelry, guns, and country club memberships, funding his personal Mercedes payments, and depositing customer checks made payable to ProData directly into his personal accounts. In November 1995, Hartley suspected financial irregularities, and he and Wamsat discovered Ponec’s embezzlement totaling over $579,000. ProData filed suit seeking recovery and imposition of constructive trusts on Ponec’s assets, including his home and investment accounts at Dain Bosworth, Inc. and Wallace Weitz & Co., into which Ponec had deposited at least $87,931.99 of embezzled ProData funds.
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