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Unfortunately, the records Short and Mr. Walker maintained
with respect to the payments due Short under their overbilling
and kickback arrangement, were not introduced in evidence.
Neither did Mr. Walker offer in evidence the records he
maintained with respect to his overbilling and kickback
arrangement with Simmel.
We are also skeptical of Mr. Walker's claim that, during his
trips to California where Simmel lived and worked, Mr. Walker
delivered large amounts of cash to Simmel, in addition to the
cashier checks. Mr. Walker was unable to roughly estimate the
alleged amounts of cash given to Simmel. Simmel, in his
testimony, denied receiving any additional cash payments from Mr.
Walker.
As indicated above, the record does reflect that some
additional payments were made to Short during 1980 and 1981.
Short testified he received a total of $2,000 or $3,000 in
additional cash payments from Mr. Walker. He further testified
that Mr. Walker took Short and his wife to the 1980 Super Bowl,
had given Short and his wife items of jewelry, and paid for sport
fishing boat charters on fishing trips that Short took. Short
treated these trips, outings, and jewelry items that Mr. Walker
provided as payments due Short under their overbilling and
kickback arrangement.
Doing the best we can on the record presented, and bearing
heavily against Mr. Walker because this inexactitude is of his own
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