Laredo banker & co-defendant named in suit alleging
breach of contract, fraud, conspiracy, & breach of fiduciary duty

By María Eugenia Guerra

Anita S. Doncaster, a former employee of the Union National Bank (UNB) which was acquired by Norwest Bank and later became Wells Fargo Bank, has been named in 49th District Court suit filed by two Mexican nationals who allege that Doncaster, using UNB's position of trust, requested and solicited personal loans in 1992 and 1994 and then failed to repay the loans.
The suit, which names Carlos Garza of Laredo as a co-defendant, was filed by Gloria Rey Hernaiz and Luz Josefina Hernaiz Pardave, executrix of the estate of Enrique Hernaiz Porta.
The suit alleges that Doncaster, who is now employed by Falcon National Bank, traveled to Mexico City on May 5, 1992 to ask Enrique Hernaiz Porta and his wife Gloria Rey Hernaiz for a $45,000 personal loan.
According to the suit, Doncaster on March 30, 1994 asked for a 12-month loan for $70,000 on behalf of Laredoan Carlos (Chale) Garza, whom Doncaster allegedly assured the Mexico City residents "would carry out a very productive business venture, one which she had scrutinized and in her opinion would be a guaranteed success." Enrique Hernaiz Porta made the authorized withdrawal from his Union National Bank account for the transaction.
The suit alleges that on July 14, 1994, Doncaster solicited an additional loan from Hernaiz Porta and his wife for Carlos Garza in the amount of $80,000, offering a 12-month payback and an interest rate of seven percent. Gloria Hernaiz advised Doncaster that her husband was very ill and that they could only loan her $30,000. According to the suit, Doncaster told Mrs. Hernaiz that she had in her possession the loan document for the previously borrowed $70,000. Though neither Mr. or Mrs. Hernaiz reportedly signed an authorization to withdraw, bank records indicate withdrawals of $30,000 and $50,000 on July 14, 1994. The suit notes that by July 14, 1994, two years had elapsed since Doncaster's original promissory note of May 1992 to the Hernaiz.
The suit states that Doncaster and Garza executed promissory notes to the Hernaiz for $100,000 on February 12, 1998 and May 14, 1999, but breached the contract by failing to pay.
The suit, which was filed by attorney Jeffrey J. Czar, alleges a pecuniary loss in excess of $150,000, plus the interest that money would have earned. The suit also alleges fraud and conspiracy, fraud for false representation of a promise to pay back the loan with interest and failure to pay it back, and conspiracy for Doncaster's alleged use of her position as a trusted bank officer "to enrich both herself and co-defendant Garza." According to the suit, the borrowing of funds by an officer of the bank from a bank's clients and/or depositor was an unlawful act which caused the plaintiffs injury. It is also alleged that Doncaster wrongfully exercised dominion and control over the Hernaiz' bank account by withdrawing funds without the knowledge or approval of the Hernaiz and that her actions were a breach of fiduciary duty. Lastly, the suit alleges intentional infliction of emotional distress.
Though attorney Czar would not comment on the alleged facts of the suit, he said that the case was headed to "depositions and discovery." LareDOS made two attempts to contact Doncaster, and reached her on the second try. Doncaster asked, "Which case?" and then commented, "It is not in our position right now to discuss that."