Reviewing Records For Fraud

January 27, 2011

Financial Fraud Law Report, February 2011

By David J. Cook

There are numerous irregularities in financial records that can be the touchstones of financial fraud.

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Dishonesty in the Workplace: Stolen Instruments and Allocation of Loss – This Loss May Be Yours, Alone

December 20, 2010

Originally Published in Commercial Law Bulletin May/June 1995

By David J. Cook

A primer on stemming the tide of employee theft.

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Fraud in the Workplace: Missing, Stolen, and Embezzled Checks.

December 16, 2010

Originally published in Business Credit, The Publication For Credit And Financial Professionals, June 1995.

By David J. Cook

Customers pay your bills with checks. These checks find their way through accounting departments, accounts receivable, cash posting, and sometimes, credit departments, for posting, reconciliation, and preparation for deposit. Checks are payable to your company and certainly not your employee(s) in every case. These checks, hopefully, find their way into your bank account.

Old Rules: Depositing Bank Usually Takes Loss

Your trusted employee, such as data processing, accounts receivable, or posting clerk steals a customer check. Who bears this loss? Under these facts we’ll apply the “old rules.” We have old and new rules, and this article tells you that the old rules don’t apply and the new rules do apply.


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The Liability of Financial Institutions to an Attorney’s Client When the Attorney Endorses a Settlement Check Without Authorization

December 16, 2010

Financial Fraud Law Report, Volume 3 Number 1 January 2011

By David J. Cook

This article explores the scope of an attorney’s authority, if any, to endorse a client’s name to a settlement check and deposit the check in the attorney’s trust account.  It also analyzes the bank’s liability to the client for conversion under the Uniform Commercial Code and the statute of limitations in these matters

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