John J. Burke and Vivian Burke - Page 4

            A.  The Terms of the Agreement                                                              

                  Mr. Burke was an agent for, and sold insurance policies issued by, the                
            U.S. Life Insurance Co. (U.S. Life).  In early 1985, Mr. Burke entered into an              
            agreement under which U.S. Life would issue group life insurance policies to                
            the Metropolitan Police Conference (MPC), which represented 38 Long Island                  
            Village police departments, police officers' benevolent associations, and                   
            other police and transit worker organizations.                                              
                  Pursuant to his agreement with U.S. Life, Mr. Burke collected premiums                
            from the MPC and deposited the funds into a premium account (MPC premium                    
            account) that he had established for the MPC at Marine Midland Bank in                      
            Setauket, New York.  Under his agreement with U.S. Life, Mr. Burke was                      
            entitled to a 15-percent annualized commission, which he was permitted to                   
            withdraw from the MPC premium account prior to the receipt of all premiums                  
            that were due.  Commissions were transferred from the MPC premium account to                
            the expense accounts of the Burke Insurance Agencies.  After withdrawing his                
            commission, Mr. Burke was required to remit the balance of the premiums in the              
            MPC premium account to U.S. Life.  Mr. Burke had no authority to appropriate                
            U.S. Life premium funds in excess of his commissions.  Between May 1985 and                 
            May 1987, Mr. Burke collected more than $3 million in premiums from the MPC.                

            B.  Mr. Burke's Misappropriation of MPC Premium Account Funds                               

                  During the years at issue, JoAnn Romano was the office manager of the                 
            Burke Insurance Agencies.  As such, she supervised the administrative staff,                
            managed in-house property and casualty sales, served as a liaison to                        
            representatives of police groups and insurance companies, and handled banking               
            matters as well as the payroll, accounts payable and receivable, and premiums               
            that were received in the office.                                                           
                  Both Ms. Romano and Mr. Burke had signature authority over the MPC                    
            premium account and the Burke Insurance Agencies' expense accounts.  When Mr.               
            Burke wanted cash, he would usually arrange for office workers at the Burke                 





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