- 69 - The MIT 85 agreement was similar to those of the earlier partnerships. The employees and independent contractors were the same employees and independent contractors who had earlier provided their services to Machise before the MIT 85 employee leasing agreement was made. After this agreement, Bucci still directed and controlled the employees. The 10 partners executed notes to Qulart in face amounts aggregating $2,160,000. This aggregate amount was equal to 80 percent of MIT 85's capital. The notes bore interest at the annual rate of 15 percent. They were to be repaid in 10 level annual payments. Qulart issued a similar note to Machise, which then issued a $2,160,000 demand note dated July 1, 1985, to Qulart. This note circled from Qulart to the 10 investors who allegedly directed Qulart to endorse the note directly to MIT 85. In addition to issuing the notes, the investors were required to put up, in the aggregate, $540,000 in cash as the other 20 percent of their capital investment in MIT 85.20 The investors paid substantial amounts of this cash to BBPA during 1985. BBPA was supposed to advance to MIT 85 the cash required of the investors in MIT 85. BBPA issued neither cash, nor a check, nor notes to accomplish this advance. The advance, 20The employee leasing agreement for the previous partnership, MIT 84, had required MIT 84 to advance ten-elevenths of its invested capital to Machise. The MIT 85 employee leasing agreement, however, required MIT 85 to advance all its invested capital to Machise. This totaled $2,700,000--$2,160,000 in notes from its partners and $540,000 in cash.Page: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Next
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