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In April 1987, when the 1986 return was due, petitioner was
trying to recover the card club investment, and find a way out of
the marina, activities that had occupied him for nearly a year
following Murphy's arrest in Tortola. In May of the previous
year, Sam Gilbert had reneged on the payment of the "kicker" on
the Troon Mortgage, and Fainsbert had openly said, at the May
1986, meeting at the Miami Marriott, that petitioner was no
longer in charge of the marina. By June 1987, petitioner had
left the marina, either in a desperate attempt to continue to
conceal Ben's interest in it, or because the Gilberts had forced
him out.
In the wake of Ben's arrest in August 1987, petitioner and
Maxine stayed in a condominium they had leased in Atlantic City
during the late summer and fall of 1987 to "get away from it
all". Petitioner focused on recovering the $9.5 million from
June 1987 until the meeting in Zurich in November 1987
effectively ended those efforts. Thereafter, until his arrest in
December 1989, petitioner was using laundered funds to make
payments to lawyers and generally doing all that he could to keep
his son from being convicted. He also took care of his own legal
fees of $250,000 with these same funds.20
20This $250,000 may have been additional income to
petitioner in 1987 if he received the funds to pay his attorney
in that year. Although the record is somewhat ambiguous about
the exact date that petitioner paid his attorney or received the
funds to do so, petitioner did pay Ben's attorney in Nov. 1987.
(continued...)
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