Pre-trial hearing in Westminster v. First Citizens

At one point yesterday, the judge said, “I’m not real impressed by the city of Westminster’s case.” But as the hearing wound down, Judge Lawton McIntosh somewhat changed his tune, saying the city’s case against First Citizens Bank is interesting and he’s going to do more reading on it before ruling on a motion by the bank to have it thrown out. Westminster blames First Citizens for allowing what the city says was a scheme in which the city’s now former police chief embezzled money. That former chief, Scott Bannister, pleaded guilty last year and was sentenced to two years in prison. Attorney Sam Outten, representing First Citizens, moved for the case to be dismissed, contending that Westminster waited too long to bring the claim. According to Outten, Westminster did not discover Bannister’s wrongdoing until July 2012, years after the wrongdoing started. City Attorney Derek Enderlin said the city wants to know why the bank cashed the checks Bannister presented and gave him five, twenty, and one hundred bills without anyone at the bank questioning what was going on.  The city has since switched its accounts to another bank.