Thomas L. Hobart - Page 3

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            owner and president of Zebrowski.  Petitioner was in charge of                                 
            the day-to-day operations of Zebrowski's Gulf Coast Division.                                  
                  Zebrowski sold the scrap from its demolition jobs to scrap                               
            companies, including Southern Scrap (Southern).  Demolition                                    
            companies and other scrap producers would deliver scrap to                                     
            Southern.  The scrap would be weighed, and a scale ticket would                                
            be issued indicating the type and the weight of the scrap.  The                                
            scrap seller would take the scale ticket to Southern's office to                               
            request payment.  Southern made payments for scrap by both check                               
            and cash.  Often, a seller requested a large cash payment when                                 
            Southern had insufficient cash available in its office.  When                                  
            this occurred, Southern would make a check payable to Barnett                                  
            Bank for the appropriate amount and an employee would go to                                    
            Barnett Bank to cash the check.  The cash would be brought back                                
            to Southern, counted, and distributed to the scrap seller.                                     
                  When Zebrowski began selling scrap to Southern, the payments                             
            were made by check and mailed to Zebrowski's Michigan office.                                  
            This procedure changed, however, at some point in 1988.                                        
            Southern's payments for Zebrowski scrap then included checks made                              
            payable to petitioner and to Nelson, as well as cash.                                          
                  During 1988, numerous checks were issued by Southern in                                  
            payment for Zebrowski scrap.  Approximately 41 checks were issued                              
            payable to petitioner by Southern in payment for Zebrowski scrap.                              
            At least 17 Southern checks were made payable to Nelson.  Many of                              
            these checks were deposited into a joint bank account maintained                               




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