TOP-03 — July eCheck Never Returned

Executive Summary

The July rent was paid electronically as an eCheck. Instead of returning it electronically using the available WF features, the owner converted it into a physical instrument, delayed it, and claimed in court that the payment “never arrived.” Bank logs confirm the funds remained in the owner’s possession.

Legal Significance

• Bank Instrument Tampering (18 USC §1344)
• Constructive Receipt: Owner accessed the instrument; failure to deposit is irrelevant.
• False Statement in Court: Owner represented the check “never arrived” despite having it.

Why This Matters at Trial

This establishes deliberate manipulation of the rent instrument to fabricate non-payment. The pattern shows intent, motive, and conscious wrongdoing — critical elements for fraud, perjury, and RICO enhancement.