Barry B. Bealor and Nancy L. Bealor, et al. - Page 28

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          all aspects of the transactions.                                            
               Fred has claimed that Bucci, on behalf of Machise, engaged             
          in hard bargaining in striking a deal to lease the employees and            
          independent contractors.  We can find no substantiation for                 
          Fred's self-serving claims.  Bucci appeared at the trial of this            
          case, but it was soon obvious that he was not competent to                  
          present an accurate description of the events at issue.  Medical            
          evidence submitted after the trial suggests that, prior to and              
          during the trial, Bucci was suffering from Alzheimer's disease.             
          The record lacks any indication that Bucci had been fully                   
          cognizant of the facts of the employee leasing transactions when            
          they occurred.  If Bucci were the tough negotiator Fred claimed             
          him to be, we believe that there would be at least some written             
          records reflecting his active participation in the employee                 
          leasing negotiations.  There are none.  We would also expect that           
          other responsible officials of Machise would be familiar with the           
          transactions that their corporation had entered into.  The                  
          testimony of Crescenzo, the controller, and Peretti, the                    
          operations manager, tells a different story.  They plainly did              
          not understand the specifics of the employee leasing programs.              
               We are left with the conclusion that Bucci, and the rest of            
          Machise's personnel, left everything to Fred, relying on his                
          representations that the employee leasing arrangements were too             
          good to pass up.  Fred purported to explain to the Court that               
          Machise fell into a "gold mine.  * * * they didn't have to pay              




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