Eric Wynn - Page 15

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          for corporate purposes of Renaissance.  Respondent's only witness           
          to this transaction was Mr. Klein.  Mr. Klein testified that the            
          "assorted jewelry items" on the F&M receipts probably referred to           
          personal jewelry items; i.e., one-of-a-kind creations.  He also             
          testified that the receipt dated December 12, 1983, listing the             
          purchase as "14K gold watch cases" was not the usual type of                
          invoice form used by F&M and that F&M did not sell watch cases.             
               This testimony, without more, is not clear and convincing              
          evidence of diversion of corporate funds by petitioner.  Even if            
          the payment was for personal jewelry items, petitioner contends             
          that they were business gifts on behalf of Renaissance.  Mr.                
          Klein testified that it is common practice in the jewelry                   
          industry to give personal jewelry items as business gifts and               
          that petitioner sometimes picked up jewelry items for other                 
          people.  If the items were Renaissance business gifts, then the             
          corporate funds used to pay for them were not diverted for                  
          noncorporate purposes, and petitioner would have no embezzlement            
          income with respect to them.                                                
               One way to prove that the payment was not for corporate                
          purposes is to show that Renaissance received no value in return            
          for the payment.  However, respondent presented no evidence to              
          show this.  Another way to show that petitioner diverted                    
          corporate funds for noncorporate purposes is to show that                   
          Renaissance public shareholders took legal action against him for           
          the misappropriation.  However, respondent also offered no                  




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