Written by Nancy Bowman
Wednesday, 10 October 2012 04:39
Repacorp of Tipp City is suing two former employees and their spouses alleging fraud, conversion and embezzlement in a scheme the company claims illegally stole more than $825,000.
A lawsuit on behalf of the company located at 31 Industry Park Drive was filed Friday in Miami County Common Pleas Court. Named as defendants are Michael Wion of Piqua, Tess Cremeens of Troy, Jennifer Wion of Venice, Fla., and John Cremeens of Troy.
Theft charges have been filed against Michael Wion and Tess Cremeens in the Miami County courts. Jennifer Wion, Wion’s wife, and John Cremeens, Cremeens’ husband, have not been charged.
In the lawsuit, Repacorp’s lawyers state Michael Wion was hired in 2006 as controller at the company and Tess Cremeens was hired the same year as an assistant. The suit claims Jennifer Wion and John Cremeens “participated in the relevant fraudulent activity.”
It alleges that Michael Wion tapped into a business Pay Pal account without permission and fraudulently transferred money by using the company owner’s Social Security number. The money allegedly was transferred into four personal Pay Pal accounts.
“Defendant (Michael) Wion did not perform any additional services for his employer that entitled him to any additional payment nor was there any justifiable reasons for such transfers or payment,” the suit states. More than $245,000 was stolen in this manner, the suit alleges.
Michael Wion and Tess Cremeens also are accused of improperly issuing funds out of the company’s payroll accounts between 2008 and 2011. Tess Cremeens is accused of taking at least $295,000 between 2008 and 2011.
In addition, Michael Wion and Tess Cremeens are accused of taking money from petty cash and cash earned through scrap metal recycling and improperly expensing charges, insurance premiums and other debts to Repacorp without permission or consent of the company.
The company claims loss of more than $825,000.
The suit claims that “Defendant Jennifer Wion was aware of Defendant Wion’s schemes and participated in his acts of conversion by accepting and maintaining control over bank accounts into which both defendants deposited converted funds not properly belonging to them.” Similar claims are made regarding John Cremeens.
Michael Wion and Tess Cremeens also are accused of breach of fiduciary duty, fraud and embezzlement. The Wions and the Cremeens are accused of civil conspiracy against Repacorp.
A judgment is sought against the Wions and the Cremeens for more than $825,000 in compensatory damages along with punitive damages, attorney fees and costs.
A jury trial is requested. The lawsuit has been assigned to Judge Christopher Gee.