Question:
William Potts was employed by Jemoli Holdings, Inc., to liquidate assets of defunct companies. Potts had the authority to sign checks for Jemoli. Potts had a personal investment account with Raymond James Financial Services. When the stock market had its 2000 crash due to the dot-com bubble, Potts had difficulty meeting his margin calls. He began giving checks from Jemoli to Raymond James to cover the margin calls. When a representative questioned Mr. Potts about the Jemoli checks, he assured the representative that Jemoli was him, and that it was his firm. Over four months, Potts wrote checks totaling $1.5 million to Raymond James to cover loans and to make more investments. When Jemoli's principals discovered the embezzlement they brought suit to recover the funds from Raymond James. Raymond James says it was an HDC of the checks and not subject to Jemoli's claims for breach of fiduciary duty by its agent, Potts. Who is correct about the HDC status of Raymond James and why? [Jemoli Holding, Inc. v. Raymond James Financial, Inc., 470 F.3d 14 (1st Cir.)