I cannot tell from what you tell me whether the bank would be liable. If somebody got their hands on the first check and presented it to the bank of payment and the bank cashed it, then I do not see how the bank would be liable. The person who cashed it might be. You say the bank issued false information in response to a subpoena, but you do not say what this information is, of how it relates to your charge. It sounds to me that the person/entity most responsible for this is your employer who pressed criminal charges against you when the employer should have known that you did not cash that first check. However, since the employer has re-hired you, you probably should probably refrain from suing your employer.
Answered on Jan 08th, 2013 at 8:06 AM