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loan. Although Commerce Bank made construction loans, Jack Ham
did not think it would lend him money because of some problems
with the bank in earlier years.
After being turned down for a loan by various banks, Jack
Ham discussed his predicament with Hood, who suggested that he
speak with petitioner about the matter. Thereafter, he and Hood
met with petitioner and offered him a finder's fee if he could
assist Jack Ham in procuring the $2.5 million construction loan
for the Royal Arms project. Sometime thereafter, the Hams and
Hood met at the Capitol to discuss the construction loan's
progress. During that meeting, Hood telephoned petitioner
regarding the lack of results the Hams had in getting the
construction loan. Petitioner, understanding that time was of
the essence, said that he would call Nelson at Commerce Bank to
discuss the matter. Petitioner concedes that he indeed spoke
with Nelson regarding the construction loan for Jack Ham. During
the conversation, Nelson told petitioner to have Jack Ham call
the bank's construction lending department.
After speaking with petitioner, Nelson contacted Chris
McDonald (McDonald), who was in charge of construction lending
for the bank. Nelson told McDonald about the conversation he had
with petitioner and asked McDonald "if he wanted to make a
construction loan." McDonald replied affirmatively, whereby
Nelson responded "if it is a good loan, and you would like to
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