- 18 - needed cash to purchase items at auctions. Mr. McAllister testified that each of the 101 loans was evidenced by a separate IOU. These IOU's supposedly were used by Mr. McAllister to create the computer-generated summary which was offered into evidence. Mr. McAllister testified that he gave the IOU's to Mr. McGirl when the latter signed a consolidated note for $63,500, the amount Mr. McGirl allegedly owed to Mr. McAllister after a $10,000 payment. However, Mr. McAllister told Ms. Berg and Mr. Burgess that he never returned any IOU's to Mr. McGirl. Petitioners did not offer the IOU's into evidence. However, respondent offered into evidence IOU's created by Mr. McGirl which were given to the MDR's criminal investigator, Mr. Erickson, by petitioners' representative at the time, Mr. Brown. At trial, Mr. McGirl admitted that he made up the IOU's and forged Mr. McAllister's signature on them. The consolidated note for $63,500 was put into evidence. It is a demand note with interest at 10 percent, dated July 7, 1992, with no stated maturity date or payment schedule. The consolidated note has no interest on the amounts advanced since September of 1988. Mr. McAllister's testimony that he lent Mr. McGirl $73,500 over a 3-year period was vague, incredible, and contradicted in part by his statements to Ms. Berg. The alleged documentation for all 101 loans was missing. No payments were ever made on the loans until a single $10,000 payment was made in July 1992, afterPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011