Kier Misappropriates Almost $7,000:
November 25, 2009


On November 25, 2009 - the day before the banks closed for the Thanksgiving holiday, Kier presented 3 checks to Wells Fargo Bank for payment totaling $6,970.26, effectively draining the building's checking account of all but $395 to cover the $300.+ in outstanding checks.

Although Kier's accountant, Gordon Nielson tried his very best to make it appear as though these checks had been written at different times, by using check numbers from the gaps in the check numbering sequence, that Kier routinely maintained on the account, presenting all 3 checks for payment on the same date, was just slightly obvious.

Nielson later stated in an email to me, that there were never any physical checks in existence for the account and that all checks written on the building's account were computer generated by Kier employees, including the check number. This admission makes Nielson's attempt at disguising when these checks were written, slightly ineffective.

On November 25, 2009, Kier Property Management wrote 3 checks to themselves totaling nearly $7,000 and cashed them at Wells Fargo Bank. These checks were not authorized, and Kier wrote them to effectively drain the building's bank accounts of any available funds, just prior to the termination of our contract together.  

I immediately filed a fraud claim with Wells Fargo Bank, in an attempt to recover the money, but the claim was denied because the person who signed the checks, (Gordon Neilsen) was an authorized signer on the accounts.

You could almost hear Wells Fargo swallow their tongue today, when I called them and demanded the money back.... actually, you CAN hear it... just click the play button below.

Our contract together specifically stated that in the event of a budget shortfall, Kier was required to notify me by the 10th of the following=month. 
NOT the 10th month of the following year.

Kier violated our contract and their fiduciary duty to me under that contract, by uncharacteristicly writing these checks to themselves, instead of paying the the delinquent Questar Gas bill and the building's property taxes, for which these funds had been earmarked.

Wells Fargo's interpretation of
Fraud Prevention and Standard of Care

The following 3-pictures are pages taken from Wells Fargo Bank's
handbook for new account holders....


The only fraud that needed preventing was the fraud that
Wells Fargo committed by illegally opening these accounts for 
Kier Property Management

Perhaps what they meant by Fraud Prevention, 
was really, "Wells Fargo Prevention" ?