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Phase II. The deposits and installment payments received by
Woodbine in 1987 and 1988 for Phase II were not recorded as
income when received; instead they were recorded as deposits
pending completion of Phase II.
From October 1986 until March 14, 1989 (except for a short
period during late 1987), Gregg Kunkowski wrote to each of Alice
Berger and Howard Berger a $500 weekly check from Woodbine's bank
account. These checks were posted to accounts on Woodbine's
books entitled "AB Draw" or "Alice Berger Draw" and "HB Draw" or
"Howard Berger Draw", respectively. Gregg Kunkowski also used
the Woodbine business account to pay some of Howard and Alice
Berger's personal expenses (e.g., telephone and utility bills).
During 1988, Howard Berger and Alice Berger received $42,676 and
$45,578, respectively, from the Woodbine business account.
In early 1987, Alice Berger initiated New Jersey divorce
proceedings against Howard Berger. Alice Berger and Howard
Berger were represented by counsel in these proceedings. r
about September 22, 1987,2 Dr. Forgotson, as Alice Berger's
attorney, sent Gregg Kunkowski a letter stating:
Alice Berger has instructed me to advise you that as a
joint owner of the Woodbine Cemetery & Mausoleum
business, you are instructed not to make any payments
on behalf of Howard Berger and/or Susan Moorehouse, for
any reason, without the consent of Alice Berger * * *
2Although the letter is dated Sept. 22, 1988, subsequent
court orders, dated Oct. 21, 1987, and Dec. 18, 1987, which
restrain Alice Berger from interfering with Howard Berger's
receipt of $500 per week from Woodbine, make clear that the
letter should have been dated Sept. 22, 1987, and was sent about
that time.
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