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placed money in and took money out of this safe. Money belonging
to either Kenmore or Broskin was put in the safe at the Kenmore
location. Although Kenmore had some records of cash receipts and
expenditures for both the Kenmore station and the Sheridan
station, at least for 1982, there was not a system to keep track
of whose money was in the safe at the Kenmore location.
Kenmore’s currency transactions were not recorded on the one-
write system, and Kenmore did not deposit all of its cash
receipts into Kenmore’s Account. Overall, about 10 percent of
the deposits into Kenmore’s Account in Kenmore’s fiscal 1981 and
fiscal 1982 consisted of currency, with the rest consisting of
checks. The ratio for any one deposit was likely to vary
substantially from the ratio for any other deposit.
At some point, Broskin began to participate in fuel
“prebuys” every 2 weeks or so. Most of Broskin’s prebuys were
with A1 Fuels, which was owned by Broskin’s uncle. A prebuy is
an up-front payment to a refinery for a relatively large amount
of fuel at a set price that is lower than the market price for
single tanker-loads at the time of payment, with the fuel to be
picked up at the refinery over a period of time. When Kenmore
participated in a Broskin prebuy, Kenmore provided currency, not
checks, to Broskin. The currency came from Kenmore’s safe, or
from Broskin’s repayment of some other debt to Kenmore, or a
combination thereof.
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Last modified: May 25, 2011