Stuart and Betsy Bobry, et al. - Page 5

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            Metal had paid out that day to purchase scrap metal (as per the                             
            retained copies of the receipts) with the cash register tape.                               
                  On the next business day, an office clerk would prepare a                             
            Lyell Metal check made payable to "cash" in the total amount of                             
            the cash that Lyell Metal had paid out on the prior business day                            
            to purchase scrap metal, would cash this check at the bank, and                             
            would place the cash received in Lyell Metal’s front office cash                            
            register to replenish the cash that had been used the prior day                             
            to purchase scrap metal.                                                                    
                  The canceled checks made payable each day to "cash" (along                            
            with Lyell Metal’s other canceled checks) were returned by the                              
            bank and were retained for each year by Lyell Metal.  The                                   
            retained canceled checks made payable to cash represented the                               
            primary record that Lyell Metal used to keep track of its cost of                           
            scrap metal purchased by cash (along with its more complete                                 
            records relating to its cost of scrap metal purchased by check).                            
            For example, Lyell Metal used the total amount of the canceled                              
            checks made payable to cash during a week as the total amount for                           
            cash purchases of scrap metal for that week.  Lyell Metal's                                 
            records do not reflect names, addresses, or other identifying                               
            information regarding the customers from whom Lyell Metal                                   
            purchased scrap metal by cash.                                                              
                  During 1989 through 1992, Lyell Metal retained all of the                             
            canceled checks made payable to cash.  During 1989, 1990, and                               
            through October of 1991, however, Lyell Metal retained for only 8                           




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