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of the Salinas Peppertree Restaurant. Mr. Beretta reflected a
50-percent ownership of the Salinas Peppertree Restaurant as a
personal asset on a 1990 loan application.
Mr. Beretta and William Arias agreed that they would "skim"
money directly from the restaurant's cash register. The parties
decided that Mr. Beretta would receive the majority of the
skimmed proceeds in the beginning. The arrangement was for
Mr. Beretta to receive 75 percent and William Arias to receive 25
percent of the skimmed proceeds during 1987, 1988, and 1989.
During 1990, Mr. Beretta and Mr. Arias split the skimmed proceeds
equally. Mr. Beretta instructed Pat Bartley, the manager of the
Salinas Peppertree Restaurant, to remove however much currency
the restaurant could afford. Mr. Beretta ordered Ms. Bartley to
account for the skimmed proceeds as a miscellaneous expense in
the daily sales book. This column was also used to account for
cash payments to employees.
Ms. Bartley removed between $50 and $200 a day for
Mr. Beretta. Mr. Beretta instructed Ms. Bartley to put the
currency in an envelope and to place the envelope inside the safe
at the restaurant. Mr. Beretta advised Ms. Bartley that the
money was repayment to him for the money that he had invested in
the restaurant. Mr. Beretta came into the restaurant every 2 or
3 days and collected the currency.
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