Lawyers for the Bibb County school district are asking a bank to turn over more than six years of financial records for Macon businessman Cliffard Whitby.
The district's lawyers requested Whitby's banking records this month in connection with their lawsuit against the district's former superintendent, Romain Dallemand.
Bibb officials accuse Dallemand of defrauding the district of more than $7 million.
Whitby, who is also chairman of the Macon-Bibb County Industrial Authority, has not responded to the subpoena, which asks the Bank of America to turn over his records.
In December, Bibb County schools filed a lawsuit saying Dallemand conspired with assistants and vendors to defraud them of more than $7 million.
They say that includes paying $3.7 million for 15,000 computers in 2012 that were unusable and not compatible with their software.
Their lawsuit also says Dallemand paid $3.2 million for various software systems. The district received a single server, which was blank, they claim.
The school lawsuit says Dallemand and others violated school procedures and bidding laws and deceived other school officials about what he was doing.
The lawsuit names Dallemand, several other people and companies -- but not Whitby.
On July 14, the district's lawyers sent a subpoena to Bank of America seeking records for Whitby, his company, Whitby Inc. and another company, Integrated Technology Consulting.
For Whitby, the district is requesting copies of all bank statements, from Feb. 1, 2011 to July 13, 2017, including all checks and deposits. The subpeona does not explain why.
Integrated Technology has asked the judge to quash the subpoena for their records. Their lawyer argues that the request is too broad and that Integrated Technology would need more time to collect and review their bank records.
A hearing is scheduled for 10 a.m. Friday at the U.S. District Court in Macon on whether to quash the subpoena.
The civil lawsuit against Dallemand is not connected to a criminal case now pending in court.
A grand jury last year indicted Isaac Culver, Dave Carty and their business, Progressive Consulting Technologies Inc., PCTI, on fraud charges connected to the 2012 computer sale to Bibb County sales.
Neither Dallemand nor Whitby are charged in connection with that case.
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