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FWIW
As a retired attorney you may know that it is not necessary for a check to
be endorsed in order to negotiate it. Most banks will readily deposit any
check to either a checking or savings account that bears the name of the
payee without that person's endorsement.
As a third party to this transaction you may not have much standing with the
bank involved, and therefore you may have difficulty in getting any
meaningful information from the bank that originally negotiated it. (The
identity of that bank should be ascertainable from the machine endorsement,
of the earliest date, on the back of the copy you have.) Given the lack of
a payee endorsement I would be more inclined to believe that the check was
deposited, rather than stolen and then cashed. As a retired banker I know
of no organization that would permit the cashing of any check without the
endorsement of the payee.
It's too bad that this really undefined situation made it to a public list.
Richard D. Funkhouser
Robyn Greene wrote:
> Earlier this year (late February or early March) - Bob Pelletier (from
> CSI data) and I agreed that CSI would pay a sum of money for a database
> I had. This database was compiled in part by me, and in part by a
> technical analyst named John Yurko, who is now deceased. I sent Mr.
> Pelletier the data. I requested that the amount in question be sent to
> the minor son of Mr. Yurko, James Yurko, in care of his mother.
>
> In early May, Mr. Pelletier told me that he had directed the comptroller
> of his firm to issue the check. I called Mrs. Yurko about a month
> later, and she told me that she had not received the check. A while
> later, I posted a message on this board which said that Mrs. Yurko had
> not received the check.
>
> Mr. Pelletier read my message, and wrote me that he had in fact mailed
> the check and that it had been cashed. He faxed me a copy of a check
> payable to James Yurko. The back side of the faxed check isn't very
> legible. But it shows that the check 1) was not endorsed; and 2) it had
> been cashed. I then spoke with Mrs. Yurko again. She said that she
> hadn't received the check and that it was her practice to endorse checks
> by hand. She also told me that she hadn't received some of the mail she
> should have received in May, and she gave me the name of her bank.
>
> I have no reason to believe that Mr. Pelletier and Mrs. Yurko aren't
> telling the truth. At this point, based on the information I have, it
> looks like the check was sent, but stolen and cashed. I have given Mr.
> Pelletier the information regarding Mrs. Yurko's bank account which he
> may need to find out what happened to his check, and to recover the
> proceeds if they were indeed stolen. I hope that he lets me know what
> happened to the check after he finishes his investigation. Since a bank
> investigation may take a while, I wanted to bring this information to
> the attention of the list where I posted my message, so list members
> will not draw any unwarranted conclusions about CSI data or Mr.
> Pelletier from my previous message. Robyn Greene
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