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The Honolulu Advertiser
Posted on: Wednesday, August 23, 2006

Suits' claims false, bank says

By Rick Daysog
Advertiser Staff Writer

American Savings Bank said yesterday in court filings that charges that it tried to cover up fraud came from a disgruntled former employee and a 91-year-old customer who told the bank in writing she had no complaint.

The bank filed its formal responses to separate Aug. 2 lawsuits by the bank's former security director Bert Corniel and 91-year-old Moanalua resident Ada Lim charging the bank helped conceal the alleged theft of more than $600,000.

"There have never been any actions by (American Savings Bank) management to conceal any improprieties by (American Savings Bank) personnel," the bank said.

The FBI has questioned people involved in the lawsuits, and American Savings said last Tuesday it is fully cooperating with the FBI investigation.

Lim alleged in her lawsuit that American Savings' employee Marilyn De Motta took hundreds of thousands from Lim and got Lim to sign a document saying the money was a loan. Corniel charges in his suit that the bank was aware of the situation as early as July 2004 but took no action until months later.

De Motta served as operations supervisor of American Savings' Hawai'i Kai branch before she was fired in February 2005. De Motta could not be reached for comment yesterday but previously said her actions were authorized by Lim.

The filing echoed statements last week by American Savings' President Constance Lau, who said the bank "did not in any way, shape or form cover up anything." Lau said the bank took prompt action by firing De Mattos after it investigated the matter.

"All allegations of any cover-up are totally false," the bank said in its filings yesterday.

The bank's filings detail its handling of the alleged fraud. American Savings said De Motta took money out of Lim's account, including $212,000 that went to De Motta's father, Bernard Pidong.

The bank said Lim told them De Motta had acted with Lim's knowledge and approval. The bank said it fired De Motta when it found out that De Motta had borrowed money from Lim. Bank policy forbids employees from borrowing money from customers, according to the filing.

The bank also said De Motta repaid most, if not all, of the money owed to Lim.

Lim's attorney Lyle Hosoda said yesterday American Savings should take responsibility for its actions.

"This case involves an extraordinary breach of the public's trust, and I can not understand the unwillingness of the bank to accept responsibility for its actions," Hosoda said.

As for Corniel's suit, American Savings said its former security director became unhappy after he was passed over for a vice president position in 2004.

Reach Rick Daysog at rdaysog@honoluluadvertiser.com.