Legal Scenario Essay

880 words - 4 pages

Antonio Raimundo Montana (“Tony”) was once the office manager of Captain Kirk, P.A. (“Firm”). A few of Tony’s duties involved client billing and managing the Firm’s accounts, both the operating and trust accounts. Tony had been at the Firm for over 20 years and was a trusted employee, so much so that the managing partner, Spock, rarely supervised Tony’s actions.

When Tony first started at the Firm he would provide Spock a monthly report that detailed the activity of the trust account. Spock required this report as means to comply with the Florida Bar Rule 5-1.1, which mentions that a lawyer must maintain and supervise the trust account. However, as the Firm rapidly expanded and the ...view middle of the document...

Spock decided to call the bank to inquire about the wire transfer. The bank representative confirmed that the transfer had been received to the designated trust account but that the money, along with the other funds being held within the trust, were transferred to an unknown account. Spock was never aware of this unknown account nor did he ever authorize for a transfer of the trust monies to be made to it. Spock asked the bank representative as to who they received authorization from and they replied that they had received a signed authorization from Spock and that an Antonio Montana provided it. Spock was confused and asked the bank representative for a copy of the document that he had supposedly signed authorizing the transfer.

Once, Spock received the copy of the document authorizing the transfer his heart dropped. He quickly realized that his signature had been forged and a range of emotions ran through him. Spock took a few minutes to calm down and thought, “Tony would never do anything to hurt me or the Firm.” He then followed that thought with a call to Tony’s cellphone. The cellphone had been disconnected and there was no answer on all other phone lines that Tony was listed under. Spock panicked and immediately thought of all the repercussions he would face if these monies were not returned.

A few days had passed and Spock still had received no word from Tony. Spock began to investigate and found that the unknown account that received all of the Firm’s trust monies was under a company name of Scarface Enterprise. After further research, Spock discovered that the...

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