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A [Gleave] That’s correct.
Q You testified relative to that $85,000 that you had
written that check to pay off certain individuals who you
owed money to.
A The gasoline people had turned around and had checks
that were running through the systems, you might as well
say.
Q Who were those individuals?
A Bob Broskin, Frank Calderella, James Tavenier.
Q Prior to January 29, 1982, 747 had written checks to
Bob Broskin before that, hadn’t they?
A Yes. I imagine they did, yes.
Q Subsequent to January 29, 1982, 747 wrote checks to
Bob Broskin, didn’t they?
A What do you mean?
Q After January 29, 1982, checks were written to Bob
Broskin?
A I imagine they did. I don’t have the records.
Q But in this instance you chose to write a check to
yourself for $85,000 and pay off Bob Broskin in cash.
A No. I knew that the indictment was coming down for
Ashland Oil. Everybody knew it. There was a grand jury
investigation. What happened there was I was advised by my
attorney and my bookkeeper that if you want to keep the
stations in business and have the money to operate, take it
out of the checkbook, because they are going to seize the
checkbook.
Thus, Gleave testified that (1) the $85,000 did not belong
to either him or Kenmore and had to be returned to the rightful
owners, (2) most of the $85,000 was used to buy a truck for
Kenmore (which Kenmore did not show as a depreciable asset on its
fiscal 1982 tax return), and (3) the money had to be hidden from
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