Estate of Robert G. Kluener, Deceased, Donald E. Hathaway, Co-executor and Charlotte J. Kluener - Page 9

            account with Legg Mason in the name of APECO Equine and were                                  
            invested in stocks and bonds.  Only Mr. Kluener could authorize                               
            transactions, such as sales and purchases, with respect to that                               
                  APECO's other directors and officers, including its                                     
            president, were not informed that the horses were sold in APECO's                             
            name or of the funds held in accounts in APECO Equine's name, and                             
            Mr. Kluener and his advisers made every effort to ensure that                                 
            those others did not know of the manner in which the sales were                               
            effected or of the accounts.  The sales were not recorded in                                  
            APECO's monthly financial statements for its year ending June 30,                             
            1990.  The account in which the securities were held was                                      
            maintained with Legg Mason rather than Fifth Third to keep                                    
            APECO's personnel from learning of it.  At a January 16, 1990,                                
            meeting of APECO's board, Mr. Kluener stated that between                                     
            $1,500,000 and $2,500,000 would be required to bring APECO's new                              
            product lines to market, but that there did not appear to be any                              
            source of such an amount of capital available to the company.                                 
            Suggestions as to potential sources of capital were solicited                                 
            from the board.  Mr. Kluener purposely did not reveal to the                                  
            board the existence of the funds held in APECO Equine's name.                                 
            During the time when the proceeds of the horse sales were held in                             
            its name, none of those proceeds were paid by APECO Equine to                                 

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011