Berkshire Bank accused of aiding small-town Ponzi scheme

Core Viewpoint - Berkshire Bank is facing a class action lawsuit for allegedly aiding a Ponzi scheme that defrauded investors of tens of millions of dollars, despite having knowledge of the fraudulent activities [1][10]. Group 1: Allegations and Lawsuit Details - The lawsuit claims that Berkshire Bank had specific reports indicating suspicious activities related to a customer running a Ponzi scheme, yet failed to act due to the profitability of the customer relationship [2][8]. - The complaint, filed in federal court, includes detailed allegations about the bank's handling of suspicious customer activities, with evidence obtained through a subpoena [3]. - The Ponzi scheme, orchestrated by Miles Burton Marshall, solicited approximately $90 million from around 1,000 investors, promising an 8% return [5][10]. Group 2: Customer Background and Bank's Actions - Marshall had been a customer of Berkshire since 2015 and was previously with NBT Bancorp, which had warned Berkshire about Marshall's suspicious activities [6][8]. - Berkshire Bank allegedly provided Marshall with a scanner to facilitate remote deposits of up to $300,000 per day, despite concerns about his activities [7]. - Although Berkshire Bank identified Marshall as a high-risk customer and conducted ongoing monitoring, it did not take action based on the information it had [8]. Group 3: Legal Context and Implications - The case represents a significant test of legal standards regarding banks' responsibilities when their customers commit fraud [10]. - Previous legal outcomes indicate that banks can be held accountable for their responses to customer due diligence findings, as seen in past cases involving other banks [12][13].