Nov. 07--Settlement talks are underway in a federal lawsuit filed by one of the victims of a Moosic financial adviser who stole more than $2 million from clients, an attorney in the case said Friday.
Suzette Besciligia of Throop sued Ameritas Life Insurance Corp. in May, alleging it was negligent for failing to undercover the scheme Jason Muskey perpetrated against her and others.
Mr. Muskey, 39, was sentenced last week to 11 years in prison for his guilty plea to money laundering and aggravated identity theft for embezzling money from 26 people. Ms. Besciligia lost about $52,000 that Mr. Muskey stole from an annuity she purchased through him, according to court records in the criminal case.
Attorneys for Ameritas asked a judge in August to dismiss the suit, arguing the company should not be held liable for Mr. Muskey's actions because it did not participate in the fraud.
To the contrary, the firm acted diligently in monitoring Mr. Muskey, but his scheme was so sophisticated the fraud was not immediately detected, they argued. Ameritas also noted it repaid Ms. Besciligia and other victims for the losses they incurred. All told, the company paid out more than $2.5 million, court records show.
Ms. Besciligia's attorney, Tom Jones of Scranton, was directed to reply to the motion to dismiss by Nov. 21. Mr. Jones on Friday said he is in settlement talks with Ameritas, which may negate the need to file a reply.
Ms. Besciligia's case was one of two federal lawsuits filed against Ameritas relating to Mr. Muskey's actions. The other case, filed by Anthony Delfino of Olyphant, was settled in March, according to court records.
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