英语听力突破掌上宝reading-第32章
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rity Officer。 He took my call right away。 （It's funny how you don't have to wend your way through your bank's time…wasting voice…mail systems when you've got a major chunk of their change。） Robert was an older man with a very gruff cop's voice。 He was not a happy camper。 Immediately he informed me that he was 〃on the case〃 and he wanted the cashier's check NOW。
When I asked him how he thought this could have happened； he let me know loudly that he didn't care a bit WHY First Interstate Bank would have cashed a junk…mail check； because this was a matter of fraud。
He'd heard I was out of town； so he proceeded to drill me with possible ways to get the check back immediately。
He said； 〃Can you fly back to return the check right now？〃
〃No； sir。〃
〃Then could someone else open the box？〃
〃No； sir。 I'm the only one on the signature card。〃
〃Will you give me permission to drill the box？〃
〃No； sir。〃
〃So you won't cooperate！〃
I replied； 〃Yes； I will。 As soon as I get back on July 6。〃
〃Why won't you give me permission to drill the box？〃
〃Because it would be irresponsible of me。 You say you're from First Interstate Bank and that the check was returned； but I haven't received anything in writing。 I feel responsible for the money now； and I feel I should receive an official letter from my bank。〃
Now things really got heated。 He shouted； 〃You're not getting any letter！ This phone call is all you're getting； and it's all I have to give you！ You committed check fraud when you got a cashier's check for money you knew wasn't yours。 And this isn't about 100 or 10；000。 We're talking about 100；000 dollars！ Almost 100；000。 If you don't return that money； what you're going to get is policemen at your door！ Now will you give me permission to drill the box？〃
〃No； sir。〃
But he lightened up a lot when I told him； 〃I have not spent； nor do I intend to spend； a cent of that money。 And I have no intention of keeping money that doesn't belong to me。〃 As a matter of fact； it warmed him up so much that he said if I would agree to call him on July 6； the minute I got home； no matter what the hour （he gave me his home number and his pager number）； then he wouldn't take further action。 He also said he'd comply with my request to unfreeze my bank account so that checks I had written wouldn't bounce。
That conversation left my mind racing for days。
End of Part III
Part IV： Learning My Rights
Patrick Combs is available as keynote speaker for your next event。 Let him inspire your audience with the story and discussion of his 95；000 Adventure。 He is also the author of MAJOR IN SUCCESS： Make College Easier； Beat The System & Get A Very Cool Job （Ten Speed Press）。 All contents on this page ？ 1995； By Patrick Combs。 All rights reserved。 goodthink
95；093。35 Adventure； Part IV Learning My Rights
I arrived in New York still quite shaken from the telephone call with the security officer。 The words 〃fraud；〃 〃policemen〃 and 〃not willing to cooperate〃 kept echoing in my head。
I decided it was time to learn my rights。
After a few quick phone calls to law schools； I had a list of Bay Area lawyers who specialized in banking and checks。 I decided to call Manuel Fields first because of his specialty； check fraud。
I told Manuel my first name and asked him if I could tell him my situation to determine whether or not I needed a lawyer。 〃Sure；〃 he said。 I told him the entire story； without mentioning the amount of the junk…mail check。 He laughed a bit and asked； 〃Exactly how much was this check for？〃
I was hesitant to tell a lawyer the amount； but I knew I couldn't lie。 I said； 〃95；093。35。〃
For what seemed like a full minute； all I heard on the other end of the line was a man laughing very； very hard。
〃I'm sorry；〃 he said after he finished。 〃I've just never heard of anything like this。〃
Manuel informed me of the following：
* According to Commercial Paper Law； the money was now legally mine； because all checks are first assumed to be valid； and the way a bank invalidates a check is by serving the depositor with a timely notice of dishonor。 Considering that it had taken my bank 33 days to tell me my check had been returned； he did not think they had dishonored the check in time。
* Fraudulent checks are a different matterbut he said； 〃Since you deposited the check thinking there was no chance it would cash； and without even endorsing it； you did not commit fraud。〃
* Getting the cashier's check was also not an act of fraud； since the bank had previously assured me the check could no longer be returned。
So I called Robert Gage； and asked him to please fax me the customer service letter and a photocopy of the junk mail check from my bank。 （I had forgotten what it had looked like and wanted to be very clear about what was on it and what wasn't。）
They faxed me documents。
What arrived by fax was a surprise。 It was incredible to see the front and back of the check。 I had forgotten just how real the bogus check looked。 This was the first time that I could confirm that the check in fact matched all nine criteria for a negotiable instrument。
But what surprised me more was the 〃official letter〃 from my bank。 What came out of the fax machine wasn't a letter from my bank at all； but a memo from First Chicago Bank dated June 5。 It was my first piece of the puzzle of how this whole thing could have happened。
The memo； which had the amount of my check on one line and the word 〃non…negotiable〃 circled on another； had a name and phone number for an Account Adjuster on it。 I decided to call him。 （As my brother says； 〃More information is always good。〃）
I reached Edwin Mickley； the man who had written the memo。 I told him who I was and why I was calling。 He explained that the memo I now possessed was the notice of dishonor that he had sent to my bank about the 95；093。35 check。 On the same day that he sent the memo； his bank also reclaimed 95；093。35 from my bank。
〃So MY bank is out the money？〃 I asked。
〃Yes；〃 he said。 〃All the other banks involved have recovered their money。〃
Suddenly it dawned on me： this memo was dated June 5。 That's the day my bank learned that the check had been dishonored。 Why had First Interstate waited until June 21 to notify me of the problemespecially since； by law； they were supposed to notify me by midnight of June 6！
No doubt about it now； my bank had made a big mistake。 And they had faxed me a memo to prove it。
At the end of the conversation； Edwin did me another big favor。 He obliged my request for the names of the other banks involved。 He didn't even mind telling me whom I should talk with and what item number I should reference。
I called the other banks involved； and soon learned the details of the entire fiasco。 I had deposited the check on Friday； May 19。 On Monday； May 21； it was overlooked by my bank and sent onto the bank in Chicago that was acting as a clearinghouse。 It was again overlooked there。 The next day； on May 22； it was sent to the Federal Reserve Bank in Cleveland； and this bank rejected the check； calling it a 〃non…cash〃 item。 （Take note that the Federal Reserve Bank rejected the check within 48 hours after it left my bank。） The check was then routed to the get…rich…quick company's bank in Cleveland。 The Cleveland bank says it sent a notice of dishonor immediately to the bank in Chicago。 I cannot confirm when the Cleveland bank actually sent its notice of dishonor； but I do know that the bank in Chicago sent my bank a notice of dishonor on June 5。
I made this entry in my journal：
〃The bank knows they made a big mistake。 But instead of calling me and explaining their mistake； they called and bullied me with scare tactics； 'banking' on my being ignorant and fearful。 Apparently； they feel they're powerful enough to avoid admitting to their mistakes and powerful enough to deny me even the right to fair treatment； refusing even to send me a letter about this。 I don't think they're that powerful。〃
July 6 arrived。 I had an obligation to call Robert Gage at First Interstate Bank Security。 But I had not returned to San Francisco as I'd originally plannedand I was not planning on giving the money back when I did return。
It was the hardest phone call I've ever made in my life。 I put it off all day； until 10：30 at night。 Then it took me a full hour to psyche myself up enough to be ready。 My godson； a twenty…two…year…old college senior； and my mother sat across the dining room table in silent support。 I called Gage and informed him that I knew the laws that entitled me to the money。 I told him I resented being treated like a criminal； when I hadn't even spent any of the money。 And I demanded a letter from the bank； officially requesting the return of the money。
Gage did not threaten me this time … he said he'd get me the letter； and try to unfreeze my bank account。
END of Part IV
Part V： Beating Fear！
Patrick Combs is available as keynote speaker for your next event。 Let him inspire your audience with the story and discussion of his 95；000 Adventure。 He is also the author of MAJOR IN SUCCESS： Make College Easier； Beat The System & Get A Very Cool Job （Ten Speed Press）。 All contents on this page ？ 1995； By Patrick Combs。 All rights reserved。 goodthink
95；093。35 Adventure； Part V Henry Bailey
After I returned to San Francisco； I didn't hear from First Interstate Bank。 No phone calls and no letters。 Each day I expected to receive an official letter from the bank； but nothing arrived。
My curiosity drove me back to the law library。 This time I was determined to read and understand the big book； Brady on Bank Checks： The Law of Bank Checks by Henry Bailey and Richard Hagedorn。 And this time； determination （or coffee） made the difference； because I knew what I was reading。 I was reading a lot of laws； in black and white； that gave me a legal right to the money。
I photocopied like a madman。 I copied the Midnight Law； Finality of Payment and court case rulings that held it illegal for a bank to cancel a cashier's check。 Then； just before my brain went to mush and my photocopying change ran out； I read a footnote by the author regarding the law that makes the words 〃non…negotiable〃 meaningless on a check。 The author wrote：
〃The only problem with this approach is the use of blank sample check forms that bear language such as 'void' or 'non…negotiable' or 'sample form' that is clearly intended to show that the particular sample or form is not intended as a valid check。 Would potential liability exist if such a sample form is filled in without authority and passed to one who could take as a holder in due course？ The 1990 provision might well be drafted to avoid such a possible problem。〃
The author of Brady on Bank Checks had seen my situation coming！ I had to tell him。
I noted from the back of the book that both authors were once professors at Willamette University in Oregon。 I called the university as soon as I got home。 （I didn't even have to call Information for the number； because I had just recently given a speech there。） Only one of the authors； Richard Hagedorn； was still working there； the other had retired。 I asked if I could speak with Mr。 Hagedorn and was informed that he
