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To: scion who wrote (790)11/28/2006 10:08:50 PM
From: rrufff  Respond to of 1681
 
Who was the drawer of the check? Do we have any information, other than really vague speculation and hearsay from a poster?

Is there anything, even a claim of an altered check?

thanks in advance.



To: scion who wrote (790)11/28/2006 10:29:34 PM
From: Jeffrey S. Mitchell  Read Replies (1) | Respond to of 1681
 
She may not even have seen the check in question. If it was deposited directly into the trust account at the bank branch, then it would have entered the clearing system, which takes about 5 days.

In re-re-reading what Camilla wrote I am even more confused. She wrote:

Bear in mind that the funds were on deposit in the account of the Payee (same bank as me) and I gave him a cheque for $62,000 after the bank verified the funds. Message 23049986

Normally when you make a deposit to be held in escrow in an attorney's trust account you write the attorney's name followed by "As Trustee" after it. The attorney would then be the "payee" (the recipient), and the attorney, not the client, would deposit it into the attorney's trust account.

The implication above is that the funds were in a trust account set up by the payee where the attorney was given full rights of management. While this is unorthodox, it would imply that PV deposited the money into the account himself and the attorney was duped. If so, I'm at a loss to explain why the attorney would be held liable for being conned.

- Jeff