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purporting to acknowledge that petitioners had expressed an
interest in purchasing the Skyland property to her as of
September 1989. The letter was backdated to September 19, 1989,
on petitioner husband's request to misrepresent the time by which
Skyland was identified as replacement property. The letter also
incorrectly stated that petitioners had made a verbal offer to
purchase the property on that date. At petitioners' direction,
Ms. Love also changed the date of petitioners' offer for the
Skyland property from January 26, 1990, to a September date.
Petitioners and Ms. Love also re-dated the purchase contract to
September 19, 1989. In January 1990, petitioner husband also
asked Mr. Fivey to write a similar letter to fabricate an
interest in the Pleasant Hill property during the identification
period (Pleasant Hill letter). The letter, backdated to
September 15, 1989, purported to acknowledge petitioner husband's
interest in acquiring Pleasant Hill.
In late October 1989, after the identification period had
expired, petitioner husband had suggested that documents be
backdated in connection with another property that petitioners
were considering but did not acquire. Petitioners offered to
purchase this property, and the purchase offer was backdated to
be within the identification period. On January 8, 1990,
petitioners received a sample letter from Mr. Clack that was used
to prepare the back dated Pleasant Hill and Skyland letters. The
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