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Atty Off Hook For $400K Counterfeit Check, Texas Court Says

Law360 (May 16, 2019, 6:27 PM EDT) -- A split Texas state appellate court ruled Thursday that an attorney who fell victim to a check-fraud scam should not be responsible for the nearly $400,000 he asked his bank to wire from his Cadence Bank account to an account in Japan.

While attorney Roy J. Elizondo III breached his deposit agreement and Uniform Commercial Code transfer warranty by depositing a $496,850 check that he didn’t know was counterfeit, Cadence also breached its wire transfer agreement with the attorney by transferring $398,980 of the amount to an overseas account before verifying that the funds had cleared, a three-judge panel of the...

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