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Non-Tech : SLJB - Sulja Brothers Building Supply, Inc.
SLJB 0.000001000-90.0%Jun 4 9:43 AM EST

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To: rrufff who wrote (879)11/30/2006 3:54:26 PM
From: Nash363  Read Replies (1) of 1681
 
Issues asked rrufff
The altered cheque. The cheque WAS NOT altered by me or anyone in my firm. The cheque was deposited into my trust account by PV in Toronto. I had been advised that the cheque was certified when in fact, it had been cleared. The alteration was either done by someone in the payor's company (G & G Fabricating) or PV himself. That has never been proved and no charges were laid. PV says he was frauded by someone in the payor company.

The cheque was made payable to me IN TRUST. (not to PV or any third party) The funds "belonged" to PV as payment for a piece of machinery he owned. His instructions were to pay off some debt on his behalf, my fees and disbursements and to pay the balance to him. The balance was $62,000.00. Additionally, $25,000.00 was actually paid from my trust to one of his creditors. My errors and omissions insurance paid the other creditor whose funds were not cleared. This left me short some $100,000.00 in my trust account. I had to notify the LSUC and self freeze my trust. As far as duties -- these were PV's funds and his choice as to whom was to be paid. From my perspective at the time he was attempting to restore his credit.

The cheque was not NSF nor was it stopped. The cheque cleared the payor's account. The payor filled out documentation that the cheque was altered and was a fraud. The bank reversed the payment. There is all kinds of issue as to whether they should have even done that. There has been a law suit against the bank and there was a settlement.

PV disappeared and by disappeared I mean moved from this area with no forwarding addresses or phone numbers. I lost contact with him because he wanted to lose contact. I tried to locate him. I am contemplating further action at this time and am seeking legal advise.

As far as my resignation goes, the fraud against me caused a $100,000 deficiency in my trust account. I borrowed the money to replace it and quite frankly I borrowed from clients for part of it which is prohibited. I was desperate and I realize that what I did was wrong. I sank into deep depression and began ignoring my clients. There were other reasons for my discipline but they started with the fraud against me. The decision refers to the benchers thinking a legthy suspension would suffice. I chose to resign because my feeling was I needed to heal and when I was ready I could apply for readmission.

I am not afraid to post here the facts as I know them. As indicated there were no charges laid against either the payor or PV.
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