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First Fidelity.6 The checks that were deposited into the First
Fidelity account in 1994 totaled $192,815.05.7 In 1994, Sam Kong
Fashions failed to deposit checks totaling $399,555.45 into its
business checking account.
During 1995, Style Setter issued 50 checks totaling
$507,987.64 that were payable to either “Sam Kong” or “Sam Kong
Inc.” for services rendered by Sam Kong Fashions. Sam Kong
Fashions deposited only 24 of these checks into its business
checking account maintained at First Fidelity.8 The checks
deposited into the First Fidelity account in 1995 totaled
$227,727.40. Sam Kong Fashions failed to deposit $280,260.24
into its corporate bank account. Sam Kong Fashions deposited
only one of the checks payable to “Sam Kong Inc.” into its First
Fidelity account.
6 Respondent requests that we find that Sam Kong Fashions
deposited 15 of the Style Setters checks into its business
checking account. On the basis of the stipulation of facts, we
find that Sam Kong Fashions deposited 16 checks issued by Style
Setters into its checking account.
7 Respondent requests that we find that these checks
deposited into Sam Kong Fashions’s business checking account
total $181,256.75. On the basis of the evidence presented, we
find that these 16 checks total $192,815.05.
8 On brief, respondent requests that we find that Sam Kong
Fashions deposited only 23 checks, totaling $213,654.40, into its
business checking account. In his list of checks deposited into
Sam Kong Fashions business checking account, respondent failed to
include check No. 11979. As stipulated by the parties, we find
that this check was deposited into Sam Kong Fashions’s First
Fidelity account.
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Last modified: May 25, 2011