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here, sentenced to 19 years' imprisonment, and fined $200,000. A
lien for $9.5 million was recorded against petitioner.
In hopes of obtaining a lighter sentence, petitioner entered
into agreements to cooperate with authorities and testify at the
criminal trials of some of Ben's associates. The agreements were
never carried out because petitioner, by his own admission, lied
to the Government during the initial depositions.12 However,
petitioner ultimately did testify both at a civil forfeiture
trial adjunct to his own criminal trial and at the criminal trial
of Fainsbert and Michael Gilbert, in an effort to reduce his
sentence.13
2. The Tax Years in Issue.
During 1985-87, petitioner helped launder profits of Ben's
marijuana smuggling operations. During 1985 and 1986, as part of
12Petitioner testified at the civil forfeiture trial adjunct
to his criminal trial that he lied at the deposition to protect
Allsworth, his longstanding friend and attorney for Ben's
criminal enterprise.
However, as he testified at the civil forfeiture trial on
cross-examination, petitioner was also apparently concerned about
the possible effects of his testimony on any possible criminal
indictment that could result against Maxine as well as on his own
exposure to further criminal prosecution.
Cross-examination at the civil forfeiture trial also brought
out that petitioner also lied to conceal the $9.5 million left in
limbo in Europe in the aftermath of petitioner's abortive
attempts to recover the card club investment. At the Fainsbert-
Michael Gilbert criminal trial, he also testified to this lie.
13Petitioner denied that the Government offered him
inducements for his actual testimony at the Fainsbert/Michael
Gilbert criminal trial. He testified that the Government would
make a "recommendation" only to the judge about his future
incarceration.
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