![]() A bank representative accepted the check, gave Bono a receipt, and told her the funds from the check would be immediately available because First Republic does not put a "hold" on funds deposited into an IOLTA. Later that day, Bono brought the deposit check to First Republic's branch in Post Office Square, Boston, for deposit. The next morning, on October 6, 2015, Alberich sent an e-mail to Sarrouf's bookkeeper, Mary Bono, with a copy to Sarrouf, Jr., asking that Bono deposit the check into Sarrouf's IOLTA and that she scan and e-mail to him a copy of the deposit slip for the check. He sent the deposit check to Sarrouf by overnight mail, with a handwritten note to one of the firm's principals, Camille Sarrouf, Jr., asking him to deposit the check in the firm's IOLTA. Alberich presented the retainer check for deposit into his account at Santander Bank. to Sarrouf.3 The deposit check was made payable The deposit check's maker appeared to be the Royal Bank of Canada, and the drawee bank was JPMorgan Chase Bank, N.A. The other check was in the amount of $337,044 and appeared to represent the initial deposit for the 4 transaction (deposit check). One of the checks was in the amount of $3,000 and was made payable to Alberich (retainer check). On October 5, 2015, Alberich received at his home office a "letter of intent" and two checks purportedly sent by the buyer's insurance broker, Zurich North America. Van den Biggelaar returned the signed fee agreement, stating in his e-mail that the buyer would be represented by its broker and the buyer's initial deposit would cover Alberich's retainer of $3,000. ![]() Alberich sent van den Biggelaar a fee agreement. On September 29, 2015, Alberich spoke on the telephone with van den Biggelaar, who told him that the buyer, a Quincy company, would be represented by a broker in the transaction. Van den Biggelaar stated that the total sales price was more than $1.6 million, and he attached a six-page term sheet. Van den Biggelaar later wrote that he was "negotiating a transaction about selling a crawler crane to a purchaser living in Massachusetts" and that he needed assistance to draft a sales contract. Thank you for your prompt response." In a subsequent e-mail, the person seeking Alberich's assistance identified himself as "Henny van den Biggelaar," the chief executive officer of a company called "Big Machinery" in the Netherlands. Respond if you are able to help and schedule a time to discuss details. ![]() On September 23, 2015, Alberich received an e-mail through his webpage from a person identifying himself as "Henny Biggelaar." The message stated, "I request the help of an attorney to draft a sale We treat the order entered on the docket as a judgment despite the failure to so designate it. In January 2012, Sarrouf opened an interest on lawyers trust account (IOLTA) with First Republic. As a result, Sarrouf sued First A Superior Court judge allowed First Republic's motion for summary judgment and ordered entry of separate and final judgment, dismissing Sarrouf's claims against the bank. After the transfers had been made irretrievably, the check was revealed to be counterfeit that amount was charged back to Sarrouf's account, resulting in a large deficit. After the check was deposited in Sarrouf's account at First Republic Bank (First Republic or bank), the "client" sent Alberich instructions requiring that most of the check's proceeds be sent by wire transfer to two recipients, one in Cambodia and the other in Hong Kong. Glenn Alberich, a lawyer who was "of counsel" to Sarrouf and in communication with the purported client. A check, ostensibly from the buyer's agent, was delivered to H. 1 Alberich has not participated in this 2 trying to sell a piece of heavy construction equipment to a buyer in Quincy. The plaintiff, Sarrouf Law LLP (Sarrouf), was the victim of a fraud perpetrated by a person posing as a client H. Kaplan, J., on a motion for summary judgment, and entry of separate and final judgment was ordered by him. Civil action commenced in the Superior Court Department on October 5, 2016. Uniform Commercial Code, Bank, Payment on negotiable instrument, Good faith. Contract, Choice of law clause, Performance and breach. Negotiable Instruments, Forgery, Presentment, Dishonor. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750 (617) 5571030 19-P-31 Appeals Court SARROUF LAW LLP vs. NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.
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