An Alabama One employee allegedly helped forge the signatures of two long-term members in order to steal $22,000 from their home equity line of credit, according to court records.

The November 2013 litigation was the first of the seven, so far, legal complaints that members of the $603 million Tuscaloosa, Ala., credit union have filed against the cooperative, alleging several different instances of wrongdoing. Alabama One settled the complaint confidentially in September 2014, but the settlement became public when it was entered into evidence during a bankruptcy case on other Alabama One loans.

According to the complaint, Samuel Colburn and his wife took out a home equity line of credit on their Tuscaloosa home on Rocky Ridge Road in September 2005. The HELOC's credit limit was set at $42,642.00 and under the terms of the line, only Colburn and his wife together could request cash advances from the line.

However, the complaint further alleged in November of 2010, the credit union advanced $22,500 to Danny Butler over the forged signatures of both Colburn and his wife and alleged that the transaction was approved and facilitated by Alabama One employee Tammy Ewing.

Danny Ray Butler had been a long time member of Alabama One who ran a used car business and dabbled in real estate development. He pleaded guilty to defrauding the Small Business Administration and check kiting in February 2014. Butler went to prison at the federal prison in Talladega, Ala., in September 2014.

"A cursory review of the document by plaintiff Colburn revealed that a payment of twenty-two thousand, five hundred and no/100 ($22,500.00) dollars had apparently been made, on or about November 12, 2010, and that such payment had been made upon the forged signatures of both plaintiff Colburn and her husband, Samuel Colburn.," the complaint read.

"Plaintiff Colburn subsequently learned that the referenced money had been paid over to defendant Danny Ray Butler, by personnel at defendant Alabama One including but not necessarily limited to loan officer and defendant Tammy Ewing, and without any advance knowledge, consent or instruction from either plaintiff Colburn or her husband Samuel Colburn," it added.

The theft's impact was further aggravated because the Colburns had been reserving the money for their son's tuition at the University of Alabama and, in fact, it was only in the course of trying to access the money to pay that tuition that they found the money had been stolen, according to the complaint.

In a subsequent email, Alabama One CEO John Dee Carruth contested the complaint's version of the situation and said that a forenic analysis of the signatures that were forged showed that all the signatures, including the credit union employee's were forgeries. He also challenged the idea that the signatures were requred for the cash advance:

"The document at issue was simply a record for the file regarding the advance on the line of credit and was not required for the loan," Carruth wrote. "Another credit union employee at the time resigned her position when she learned she would be questioned about her undisclosed relationship with the borrower who made the claim against the credit union."

In previous reports, Alabama One CEO Carruth has declined to answer questions about why Tammy Ewing still works at Alabama One and has not been put on administrative leave.

Legal sources close to the case reported that Butler had been Colburn's employer in the used auto business and that the Colburns had been the parties to which Alabama One had allegedly loaned money as part of the many straw loans the credit union made to benefit Butler.

The loan was on a house on Woodhaven Avenue in Tuscaloosa and the settlement saw the Colburns return the house to Alabama One as a deed in lieu of foreclosure. The settlement did not discuss the return of the missing $22,500, but a legal source familiar with the case reported that credit union announced it had paid the money back and that it had appeared in the HELOC's balance available after the couple filed suit. Carruth also contested that the credit union repaid the money, saying that he didn't know who had repaid the money.

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