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Amerithrax — Part 13
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sustained based solely on evidence establishing that the
defendant possessed the check and that it was "probable"
that the defendant hadsigned the check. We conclude that
it can and will affirm.
Altigraci Rosario operated a tax preparation service in
Hightstown, New Jersey. Jose Rios, Rosario's
nephew by
marriage, was employed by Rosario and assisted with her
tax preparation service. In February 1993, the U.S.
Treasury Department mailed a Treasury check to
Angel and
Ana Andrade in the amount of $2,996.00. Soon thereafter,
the Andrades filed a complaint with the Treasury
Department alleging that they had not received the check.
On January 11, 1994, the New Jersey National/
Corestates Bank notified the U.S. Secret Sen/ice that Jose
Rios had deposited the Andrade check into his account at
the bank. That same day, the Secret Service interviewed
2 .
Rios. During the interview, Rios stated that Rosario had
given him the signed check and asked him to cash it. Rios
apparently received a $20 fee for executing the transaction.
ln September 1993, the U.S. Treasury
Department mailed
http://vls.law.vi|l.edu/looator/3d/July1997/97a1636p.htm
I
4
Page 3 of 29
5/10/2005
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