- 9 - amounts of money, and the funds from Mr. Hemmings' account were used to satisfy that need in part. The Hemmingses' Federal income tax returns were prepared by Mr. Harris, whose firm was in Atlanta. Mr. Harris was also the accountant for Brown Transport and for Mrs. Hemmings' father. If Mrs. Hemmings was not available when the returns were due, Mr. Hemmings would sign the returns for her with her consent. At some time during this period, Mr. Hemmings explained that the ACLI and ELMS losses were to defer income to a later period. Mrs. Hemmings had faith in Mr. Harris, and she did not question the tax returns. Mr. Hemmings did not explain to her the mechanics of the transactions because he did not understand the mechanics of the transactions himself. Prior to 1981, Messrs. Brown and Hemmings had traded with E.F. Hutton & Co. In approximately 1981, they opened discretionary trading accounts with ContiCommodities, Inc. (Conti). Mr. Hemmings traded with Conti until 1984 when Conti liquidated their accounts creating substantial losses. In 1985 Conti sued Messrs. Brown and Hemmings, and they counterclaimed against Conti. Between 1985 and 1994, the Hemmingses paid approximately $8,000,000 in litigation fees in connection with the Conti litigation. The Conti litigation was ultimately settled in 1993. The terms of the settlement were placed under seal and cannot be publicly disclosed. But, as a result of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011