- 19 - confusion, the Court en banc will review certain of the actions taken by Lynch and restate certain portions of the adjudication. It is undisputed that all of the payments made to anyone connected with the recovery of the bonds were made by Lynch. Upon his recovering the bonds, Lynch took control of them and from the proceeds disbursed a total of $720,761.19. He made a wire transfer from his Kidder, Peabody account to Reardon's Kidder account in the amount of $220,000, leaving Lynch with $500,761.19. He then paid Reardon an additional $30,950.00, which made Reardon's total receipts the sum of $250,950.00, and which left Lynch with $469,811.19. From the $469,811.19, Lynch paid the law firm of Groen & Smolow, Esquires, $95,000, and paid an additional $7,500 in costs. Of the $95,000 payment to the law firm, Lynch allocated the payment $45,000 for general services to the estate on behalf of Orlando and $50,000 for services to him in connection with the recovery of the bonds. He does not contend that he should be allowed a credit for the $50,000 payment and agrees that it is an expense he must bear from his fee. He does contend, however, that he should have been given credit for the payment of $45,000. Deducting the $45,000 payment and the $7,500 payment, Lynch was left with a total of $417,311.19. Of the payments made after the wire transfer of $220,000 to Reardon, the auditing judge disallowed him a credit of $7,500 because he was unable to itemize those costs. We find no error in that disallowance. However, the auditing judge did not allow Lynch any credits for the payment of $45,000 to Groen & Smolow, which payment the auditing judge found to be a legitimate estate expense, and for the additional payment of $30,950 to Reardon. The auditing judge's failure to allow Lynch credits for those payments was error and has affected the total amount of the money which Lynch must refund to the estate. In his adjudication, the auditing judge found that a reasonable fee for Lynch is $401,256.10, or 35% of the market value of the bonds he recovered. The auditing judge then "surcharged" Lynch the difference between $500,761.19 (the amount remaining to Lynch after the $220,000 transfer to Reardon) and $401,256.10, for a total surcharge of $99,505.09.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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