B-143720, OCT. 12, 1960

B-143720, OCT. 12, 1960

TO MRS. JULIA DE LA CALZADA GARCES:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29, 1960, WRITTEN IN RESPONSE TO OUR LETTER OF AUGUST 24, B-143720, PERTAINING TO YOUR CLAIM FOR CHECK NO. 1,380,258, IN THE AMOUNT OF 1,782.34 PESOS, DRAWN TO YOUR ORDER ON MAY 22, 1950, UNDER THE NAME OF JULIA C. PETERS, THROUGH THE NATIONAL CITY BANK OF NEW YORK, MANILA BRANCH, UNITED STATES DEPOSITARY.

IN YOUR LETTER OF AUGUST 29, YOU STATE THAT IN MAY OF 1950 YOU ENDORSED THE CHECK IN QUESTION AT MR. COHEN'S REQUEST SO THAT HE COULD CASH IT AT HIS OWN BANK; THAT MR. COHEN, BEFORE HE WENT TO THE BANK, REQUIRED YOU TO SIGN A NOTE THAT YOU HAD RECEIVED PAYMENT FOR THE CHECK; THAT WHEN HE RETURNED FROM THE BANK HE ADVISED YOU HE HAD BEEN ABLE TO OBTAIN ONLY $891.75 FOR THE CHECK; AND THAT YOU TOOK $500 OF THAT AMOUNT, LEAVING THE BALANCE FOR MR. COHEN AS DOWNPAYMENT ON HIS FEES. YOU ALSO STATE THAT IN AUGUST OF 1950 MR. COHEN NOTIFIED YOU THAT ANOTHER CHECK FOR $586.75 PESOS HAD BEEN RECEIVED AS PARTIAL PAYMENT OF YOUR PHILIPPINE WAR DAMAGE CLAIM; THAT YOU ENDORSED THAT CHECK AT HIS REQUEST AND WAITED IN HIS OFFICE WHILE HE WENT TO THE BANK TO CASH IT; THAT UPON HIS RETURN FROM THE BANK HE TOLD YOU THAT NEITHER CHECK COULD BE CASHED AND THAT THE MONEY HE HAD GIVEN YOU FOR THE FIRST CHECK CAME OUT OF HIS OWN FUNDS; AND, WHILE YOU DO NOT SPECIFICALLY SAY SO, YOU INTIMATE THAT YOU RECEIVED NEITHER THE SECOND CHECK ITSELF NOR ANY CASH THEREFOR.

THESE STATEMENTS ARE IN CONFLICT WITH STATEMENTS PREVIOUSLY MADE BY YOU. IN YOUR LETTER OF FEBRUARY 14, 1956, TO THE DIVISION OF DISBURSEMENT, UNITED STATES TREASURY, YOU STATED THAT MR. COHEN REFUSED TO TO GIVE YOU THE CHECK FOR 1,782.34 PESOS AND, WHILE YOU DID NOT SPECIFICALLY SO STATE, LEFT THE IMPRESSION THAT YOU RECEIVED NOTHING FOR THE CHECK SINCE YOU DO NOT MENTION MR. COHEN GIVING YOU ANY CASH FOR IT AND STATE THAT YOU INSTITUTED SUIT AGAINST HIM TO SECURE THAT CHECK (BUT DID NOT INDICATE THE OUTCOME OF THE SUIT). ALSO, YOU STATED IN THAT LETTER THAT YOU RECEIVED THE CHECK FOR 586.75 PESOS.

AS YOU WERE ADVISED IN OUR LETTER TO YOU DATED AUGUST 24, BY LETTER OF THE SAME DATE WE REQUESTED MR. COHEN TO FORWARD TO US CHECK NO. 1,380,258 FOR 1,782.34 PESOS TOGETHER WITH SUCH EVIDENCE AS HE MIGHT BE ABLE TO FURNISH TO SUPPORT HIS STATEMENT THAT YOU ENDORSED THE CHECK TO HIM AND THAT HE PAID YOU THE FULL OFFICIAL EXCHANGE THEREFOR. IN RESPONSE TO OUR REQUEST, MR. COHEN ADVISED US AS FOLLOWS WITH RESPECT TO THE CHECK FOR 1,782.34 PESOS:

"IN 1947 I REPRESENTED MRS. PETERS IN A DIVORCE ACTION AGAINST HER HUSBAND MR. PETERS. IN THE EARLY PART OF 1948 I REPRESENTED HER BY FILING A CLAIM WITH THE PHILIPPINE WAR CLAIMS COMMISSION. ON JUNE, 1950, I RECEIVED A CHECK FOR 1,782.34 PESOS DRAWN TO THE ORDER OF JULIA C. PETERS. I ADVISED HER OF THE RECEIPT OF THE CHECK. THROUGH AN ERROR ON MAY PART I MISTOOK THE AMOUNT OF THE CHECK TO BE IN AMERICAN DOLLARS INSTEAD OF PESOS. (WHETHER MRS. PETERS WAS AWARE THAT IT CALLED FOR PESOS I DO NOT KNOW.) SHE ENDORSED THE CHECK FOLLOWED BY MY ENDORSEMENT, AFTER SHE REQUESTED THAT I GET HER THE CASH IMMEDIATELY BECAUSE SHE HAD NO BANKING ACCOUNT. SHE REQUESTED THAT I GIVE HER $1,000.00, AND DEPOSIT THE BALANCE IN MY CLIENT'S TRUST ACCOUNT FOR HER BENEFIT, OUT OF WHICH I WAS TO GET MY FEE. WE WENT DOWN TO MY BANK, WHERE I DEPOSITED THE CHECK AND DREW $1,000.00, WHICH I TURNED OVER TO MRS. PETERS. MRS. PETERS SIGNED A RECEIPT FOR THE MONEY SHE RECEIVED. SHE SIGNED IT "JULIA GARCES," HAVING REMARRIED AT THAT TIME. A PHOTOSTAT OF THE RECEIPT IS ENCLOSED, MARKED EXHIBIT "A.'

"THE NEXT DAY I WAS INFORMED BY THE BANK THAT THE $1,000, WITHDRAWN WAS BEING CHARGED BACK TO MY ACCOUNT, POINTING OUT THAT THE CHECK CALLED FOR PESOS NOT AMERICAN DOLLARS.

"I IMMEDIATELY ADVISED MRS. PETERS OF THE SITUATION AND REQUESTED THE RETURN OF THE MONEY AND OFFERED TO RETURN THE CHECK TO HER. SHE TOLD ME THAT SHE HAD SPENT ALL THE MONEY AND COULD NOT RETURN IT.'

ALSO, MR. COHEN MADE THE FOLLOWING STATEMENTS WITH RESPECT TO THE CHECK FOR 586.75 PESOS:

"ON OCTOBER, 1950, I RECEIVED ANOTHER CHECK FROM THE PHILIPPINE WAR CLAIMS COMMISSION FOR 586.75 PESOS TO THE ORDER OF MRS. PETERS. CONTACTED HER AND INSISTED THAT SHE BRING HER COUNSEL WITH HER TO RECEIVE THE CHECK. SHE CAME TO MY OFFICE WITH HER LAWYER AND I TURNED THE CHECK OVER TO HER FOR WHICH SHE SIGNED A RECEIPT, EXHIBIT "B.' I AT THAT TIME AGAIN DEMANDED THE MONEY I GAVE HER AND OFFERED TO RETURN THE CHECK, BUT SHE REFUSED THE OFFER. NO QUESTION WAS RAISED BY HER OR HER ATTORNEY THAT I WAS HOLDING THE CHECK WITHOUT HAVING PAID HER IN FULL OR THAT THERE WAS A CONTROVERSY OVER LEGAL FEES. OVER THE YEARS I HAVE NEVER SEEN MRS. PETERS NOR HAVE I EVER BEEN ADVISED BY HER OR BY ANYONE ON HER BEHALF THAT SHE CLAIMED SHE HAD RECEIVED NO PAYMENT, NOR HAVE I EVER RECEIVED A DEMAND FOR THE RETURN OF THE CHECK.'

IN SUPPORT OF HIS STATEMENTS, MR. COHEN FORWARDED TO US WITH HIS LETTER THE CHECK FOR 1,782.34 PESOS, WHICH BEARS TWICE ON ITS REVERSE SIDE THE ALLEGED SIGNATURE OF JULIA C. PETERS, AS WELL AS THE ENDORSEMENT OF GERSON COHEN. WE ALSO FORWARDED A PHOTOSTAT OF A RECEIPT DATED JUNE 30, 1950, WHICH BEARS THE SIGNATURE OF JULIA GARCES AND STATES AS FOLLOWS:

"RECEIVED OF GERSON COHEN

"ONE THOUSAND 00/100 DOLLARS FOR CHECK FROM THE PHILIPPINE WAR

"DAMAGE COMM. WHICH IS HELD AT BANK IN L.A. CHECK MADE PAYABLE TO JULIA C. PETERS FOR 1782.34 PESOS.'

IN ADDITION, MR. COHEN FORWARDED A PHOTOSTAT OF A RECEIPT DATED OCTOBER 24, 1950, ACKNOWLEDGING RECEIPT FROM HIM OF CHECK NO. 1,392,578 FOR 586.75 PESOS AND BEARING THE SIGNATURE OF JULIA C. GARCES.

THE DOCUMENTS PRESENTED BY MR. COHEN APPEAR TO FURNISH ADEQUATE SUPPORT FOR HIS ALLEGATIONS IN THIS MATTER. WHILE YOU NOW ADMIT HAVING RECEIVED $500 FROM MR. COHEN FOR THE 1,782.34 PESOS CHECK, THE RECEIPT PRESENTED BY MR. COHEN, BEARING YOUR SIGNATURE, STATES THAT YOU RECEIVED $1,000. ALSO, ALTHOUGH YOU STATE THAT MR. COHEN MADE YOU SIGN A NOTE THAT YOU RECEIVED PAYMENT FOR THE CHECK BEFORE HE TOOK THE CHECK TO HIS BANK, THE RECEIPT IS DATED JUNE 30, 1950, WHEREAS THE CHECK BEARS A BANK STAMP INDICATING THAT IT WAS PRESENTED AT THE BANK ON JUNE 22, 1950, EIGHT DAYS BEFORE THE DATE OF THE RECEIPT. LIKEWISE, THE RECEIPT FOR CHECK NO. 1,392,578 FOR 586.75 PESOS, SIGNED BY JULIA C. GARCES, EFFECTIVELY SUPPORTS MR. COHEN'S ALLEGATIONS WITH RESPECT TO THAT CHECK. MOREOVER, THE CHECK FOR 586.75 PESOS, WHICH IS IN OUR FILES, HAVING BEEN PAID ON DECEMBER 6, 1950, BY THE NATIONAL CITY BANK, BEARS YOUR DOUBLE ENDORSEMENT AS JULIA C. PETERS AND JULIA GARCES.

AS A FINAL PRECAUTION, WE SENT BOTH CHECKS AND ALL THE DOCUMENTS PRESENTED BY MR. COHEN TO THE EXAMINER OF QUESTIONED DOCUMENTS IN THE TREASURY DEPARTMENT FOR COMPARISON OF THE SIGNATURES APPEARING THEREON WITH YOUR SIGNATURES APPEARING ON THE VARIOUS LETTERS YOU HAVE SENT US IN CONNECTION WITH YOUR CLAIM. THE EXAMINER OF QUESTIONED DOCUMENTS, WHO IS THE OFFICIAL GOVERNMENT HANDWRITING EXPERT, HAS FURNISHED US HIS OFFICIAL OPINION TO THE EFFECT THAT THE ENDORSEMENTS OF YOUR NAME ON THE 2 CHECKS AND YOUR SIGNATURES APPEARING ON THE 2 RECEIPTS PRESENTED BY MR. COHEN ARE GENUINE.

THUS, THE EVIDENCE NOW BEFORE US SHOWS THAT IN JUNE OF 1950, YOU ENDORSED CHECK NO. 1,380,258 IN THE AMOUNT OF 1,782.34 PESOS AND GAVE IT TO MR. COHEN FOR THE AMOUNT OF $1,000, WHICH WAS MORE THAN THE CHECK WAS WORTH AT THE OFFICIAL EXCHANGE RATE AT THAT TIME. HENCE, IT IS CLEAR THAT YOU HAVE NO FURTHER INTEREST IN THE PROCEEDS OF THE CHECK AND YOUR CLAIM THEREFOR IS HEREBY DISALLOWED. SINCE IT IS EQUALLY CLEAR THAT MR. COHEN IS ENTITLED TO THE PROCEEDS OF THE CHECK, WE ARE TODAY INSTRUCTING OUR CLAIMS DIVISION TO ISSUE A SETTLEMENT TO MR. COHEN ALLOWING HIS CLAIM.

COPIES OF THIS LETTER ARE BEING FORWARDED TO MR. COHEN AND TO CONGRESSMAN MAILLIARD.