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No decision Wednesday for receiver in suit against Rochester restauranteur Katherine Mott

todayApril 3, 2024 6

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ROCHESTER, N.Y. (WROC) — A motion hearing Wednesday took place as part of the lawsuit against Katherine Mott in her alleged check-kiting scheme: specifically on Five Star Bank’s motion to appoint a receiver.

No decision was made today in court on whether or not a receiver should be appointed, no timeline was offered. Mott’s businesses remain open.

Five Star Bank accused Mott of opening several accounts and using fake checks to eventually overdraw her accounts by about $19 million.

The bank continued to argue today that a receiver should be appointed in a “narrow” capacity to oversee Mott and her businesses’ finances to locate the money and keep them in order, while allowing her businesses to continue to run.

All of her businesses are currently doing so.

Then bank also pointed to 2022, when they say another bank closed her accounts in response to a suspected check-kiting scheme. Five Star Bank also pointed to other banks possibly being involved.

Mott was not in court today, but her team argued that this federal court does not have the jurisdictional right to appoint a receiver.

They also argued further that Five Star Bank did not present enough evidence in the first suit or in their following affidavit, to justify a claim under the RICO Act.

The defense pointed to the fact they haven’t established “continuance,” or presented sufficient evidence that Mott’s businesses are acting in any way other than legitimately.

Again, Mott’s team says the business, which includes the notable wedding venue the Wintergarden will continue to operate, adding:

“We look forward to seeing our customers and hosting all events as scheduled.”

​ ROCHESTER, N.Y. (WROC) — A motion hearing Wednesday took place as part of the lawsuit against Katherine Mott in her alleged check-kiting scheme: specifically on Five Star Bank’s motion to appoint a receiver.No decision was made today in court on whether or not a receiver should be appointed, no timeline was offered. Mott’s businesses remain open.

Five Star Bank accused Mott of opening several accounts and using fake checks to eventually overdraw her accounts by about $19 million.

The bank continued to argue today that a receiver should be appointed in a “narrow” capacity to oversee Mott and her businesses’ finances to locate the money and keep them in order, while allowing her businesses to continue to run.

All of her businesses are currently doing so.

Then bank also pointed to 2022, when they say another bank closed her accounts in response to a suspected check-kiting scheme. Five Star Bank also pointed to other banks possibly being involved.

Mott was not in court today, but her team argued that this federal court does not have the jurisdictional right to appoint a receiver.

They also argued further that Five Star Bank did not present enough evidence in the first suit or in their following affidavit, to justify a claim under the RICO Act.

The defense pointed to the fact they haven’t established “continuance,” or presented sufficient evidence that Mott’s businesses are acting in any way other than legitimately.

Again, Mott’s team says the business, which includes the notable wedding venue the Wintergarden will continue to operate, adding:

“We look forward to seeing our customers and hosting all events as scheduled.” Read More Local BusinessRochesterFirst  

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