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In 1993, numerous checks were deposited into the ERG-
Recreation fund account aggregating $8,819.73. In 1993, five
checks were drawn on this account, all signed by Burton, for
example: (1) Check No. 27, dated March 8, 1993, for $9,000 made
payable to ERG; (2) check No. 29, dated June 11, 1993, for $356
made payable to Siegle’s;11 (3) check No. 30, dated July 15,
1993, for $9,000 made payable to petitioner Mark;12 and (4) check
No. 31, dated August 16, 1993, for $8,000 made payable to ERG
Retirement Trust.
The parties stipulated that in 1994, numerous checks were
deposited into the ERG-Recreation fund account aggregating
$6,068.13 In 1994, eight checks were drawn on this account, all
signed by Burton, for example: (1) Check No. 32, dated May 13,
1994, for $100 made payable to Mt. Diablo Silverado Council, BSA;
(2) check No. 34, dated August 13, 1994, for $206.38 made payable
to Berkeley Yamaha; (3) check No. 35, dated September 15, 1994,
11In 1993, Siegle’s Guns was a firearms retailer in Oakland,
Ca.
12On July 19, 1993, check No. 30 was deposited into a
custodial account into which Burton deposited his payroll checks
and other checks from ERG.
13The parties stipulated that in 1994 “numerous checks from
various sources were deposited into the ERG Recreation Fund
Account in the aggregate amount of $6,068" and referenced an
exhibit in the record. The referenced exhibit contains copies of
an annual account statement for this account which shows
aggregate deposits of $5,864.42 for 1994. Additionally, the
referenced exhibit contains copies of checks apparently deposited
into this account in the aggregate amount of $4,411.85.
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