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However, some of these diverted funds Mr. Walker obtained were
then paid over by him to Short and Simmel pursuant to the
respective overbilling and kickback arrangements with Short and
Simmel.
During 1978, 1979, 1980, and 1981, Mr. Walker each year
used, respectively, $58,150, $50,705.16, $59,175, and $11,000.00, of
the funds he had diverted to purchase cashier checks payable to and
given to Simmel. Similarly, during 1980, Mr. Walker used $44,141.87 of
the diverted funds to purchase a boat for Short.
Additionally, during 1980 and 1981, Short received a total
between $2,000 and $3,000 in cash from Mr. Walker. Mr. Walker further
paid for certain outings and trips of Short's, and also purchased
jewelry for Short. The cash, jewelry, outings, trips, and the boat
were treated by Mr. Walker and Short as payments to Short of amounts
due him under their overbilling and kickback arrangement.
On its income tax returns for fiscal years ended March 31,
1979, through March 31, 1982, West Jersey reported gross sales
as
follows:
Fiscal Year
Ended Gross Sales
3/31/78 $2,745,276.60
3/31/79 3,632,049.69
3/31/80 3,584,660.75
3/31/81 4,373,085.98
3/31/82 3,780,177.24
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