Macon lawyer sues bank, alleges negligence
In the nearly two years since a Macon legal secretary was killed as part of a $1.3 million embezzlement scheme, her employer has closed his doors.
Macon real estate lawyer Calder Pinkston filed a lawsuit this week against BB&T Bank, alleging that the bank’s negligence caused him to lose $100,000 -- and close his office.
Last year, Tracy Michelle Jones, 40, pleaded guilty to murder in the death of 58-year-old Gail Spencer, her co-worker at Pinkston & Associates on Vineville Avenue. Spencer, the firm’s office manager, was knowledgeable about performing wire transfers.
On the morning of Oct. 5, 2012, Jones rang the doorbell at Spencer’s Stinsonville Road home. Once Spencer opened the door, authorities said, Jones’ boyfriend, 20-year-old Michael Brett Kelly, forced his way in along with Keith Anthony Dozier, 24.
Kelly and Dozier alledgedly held Spencer hostage while Jones went to work and transferred money to accounts opened by Kelly’s half-sister, 25-year-old Courtney Kelly. After most of the money had been transferred, Brett Kelly suffocated Spencer.
The Kelly siblings also pleaded guilty to murder last year. A case is still pending against Dozier.
His lawyer has asked that his trial be held outside Bibb County, but a judge hasn’t ruled on the request. He is being held at the Bibb County jail without bond.
Pinkston filed his lawsuit Tuesday in Bibb County Superior Court. He said he had met with bank officials to discuss safeguarding his accounts and implemented protection strategies as a result of the meeting.
Afterward, Jones illegally diverted money from his firm’s accounts through forgery or unauthorized wire transfers. A “substantial portion” of the money was never recovered, resulting in Pinkston’s losing more than $100,000, according to the lawsuit.
Pinkston maintains that the bank failed to follow the established protocol and act in good faith in accordance with “reasonable commercial standards.”
He also contends that the bank had notice of irregularities and had a duty to “make inquiry” to protect his accounts.
Attempts to reach Pinkston and his lawyer were unsuccessful Thursday. A bank spokesman declined comment, citing the pending litigation.
Pinkston is trying to recoup the remaining unrecovered funds that were diverted from his BB&T accounts, as well as additional damages.
To contact writer Amy Leigh Womack, call 744-4398.
This story was originally published October 2, 2014 at 5:25 PM with the headline "Macon lawyer sues bank, alleges negligence."