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opening time of 7 a.m. or the last transaction was entered
substantially earlier than its normal closing time of 10 p.m. In
addition, the third computerized summary showed that a number of
transactions were often missing and did not appear on any of the
cash register tapes saved by Mr. Katerelos for days on which the
times printed on the cash register tapes saved by Mr. Katerelos
indicated that NDV either opened late or closed early.
To illustrate, the first transaction recorded on the cash
register tape that Mr. Katerelos saved for January 4, 1987, a
Sunday, was not entered until 4:39 p.m. and the last transaction
recorded on that tape was entered at 9:18 p.m. Thus, according
to the cash register tape that Mr. Katerelos saved for that day,
the sales transactions that NDV had on that day spanned only 4
hours and 39 minutes. However, according to the cash register
tapes that he saved for that day and the immediately preceding
day, 79 transactions totaling $808.63 were entered into the cash
register between 8:42 p.m. on January 3, 1987, when the Z or
reset mode was activated, and 4:39 p.m. on January 4, 1987, when
the first transaction recorded on the cash register tape that Mr.
Katerelos saved for that day was entered into the cash register.
Those 79 missing transactions did not appear on the cash register
tapes Mr. Katerelos saved for either of those two days.
By way of further illustration, the first transaction shown
on the cash register tape that Mr. Katerelos saved for Valen-
tine's Day 1987, a Saturday, was recorded at 4:49 p.m. However,
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