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and Jaguar, (2) computer equipment, (3) groceries, (4) rent at
Hercules & Lavery, and (5) travel. Petitioner also transferred
some of the funds to his wife and daughter.
On February 4, 1992, petitioner was charged with the felony
offense of misapplication of fiduciary property. The indictment
alleged that petitioner misapplied Ms. Boals' funds for his
personal benefit. In June 1992, petitioner was convicted,
sentenced to 6 years probation, and assessed a $10,000 fine. The
Court of Appeals for the Fifth District of Texas at Dallas upheld
petitioner's conviction on August 2, 1995. Petitioner
subsequently filed a petition for discretionary review with the
Court of Criminal Appeals for the State of Texas.
II. Petitioner's Other Businesses
A. Computers & Stuff, Inc.
On June 13, 1988, petitioner used, without authorization,
some of Ms. Boals' money to incorporate under Texas law Computers
& Stuff, Inc. (Computers & Stuff). Computers & Stuff was created
to sell computer hardware and software to the general public.
Petitioner purchased a quarter-page advertisement for Computers &
Stuff in the 1988-89 Southwestern Bell Yellow Pages. On December
22, 1989, Computers & Stuff forfeited its right to conduct
business in Texas, because it failed to pay Texas franchise
taxes. Its corporate charter was subsequently revoked on June
18, 1990.
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