- 6 - On November 2, 1983, at petitioner's request, Martin Klein, an employee of Faleck & Margolies, Inc. (F&M), a jewelry manufacturer selling at both wholesale and retail, issued an F&M check for $10,755 to Ron Gelfman. The check bears the printed statement: "This check is delivered for payment on the following accounts". Beneath this statement is the handwritten notation "Gold purchase". This check was deposited in the Gelfman account at the Trust Co. Mr. Klein has never met a Ron Gelfman and only made the check payable to him on petitioner's request. On December 16, 1983, another Renaissance check, in the amount of $45,000, was deposited in the Gelfman account. The parties have stipulated that Renaissance's corporate records contain what purports to be a receipt from Ron Gelfman Associates, dated December 16, 1983, reflecting the sale of 14K gold findings to Renaissance at a price of $45,000. Petitioner opened a brokerage account at Walter Capital Corp., a securities brokerage firm, in the name of Ron Gelfman. Petitioner routinely traded in and for this account. Walter Capital allowed petitioner to use its facilities to trade in discretionary accounts because it had developed a relationship with petitioner in which petitioner brought in brokerage business rather than just acting as a client. This relationship enabled petitioner to open and trade in discretionary accounts for others.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011