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Riopelle also testified that he backdated documents at Mr.
Comey’s request. We found Mr. Riopelle’s testimony to be
forthright and credible. Moreover, it is supported by other
evidence in the record. It is clear that Mr. Riopelle wrote
checks on Landtrak’s checking account, as part of the liquidation
of his investment in Landtrak, in 1988. In addition, documents
sent to the State of Wisconsin and to Swiss Bank Corp. indicate,
consistently with Mr. Riopelle’s testimony, that Mr. Riopelle
controlled Landtrak until 1988.
We also note that the parties orally stipulated at trial
that Mr. Riopelle may not have executed the writings on his
Landtrak stock certificate, i.e., the writings assertedly
canceling Mr. Riopelle’s certificate and assigning his stock to
Landtrak, until March 1988, notwithstanding the written
stipulations that Mr. Riopelle’s stock was redeemed on January 1,
1987. Moreover, Mrs. Comey admitted during respondent’s cross-
examination that she did not remember acquiring Landtrak stock on
January 1, 1987.
For all these reasons, we find that Mrs. Comey did not
acquire Landtrak’s stock on January 1, 1987. To the contrary, we
find that Mr. Riopelle remained Landtrak’s sole owner until at
least February 1988. The documents indicating that a change of
ownership occurred on January 1, 1987, are unreliable. In
addition, the parties’ written stipulations that a change of
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