- 68 - position that, as of April 30, 1989, the cumulative transfers had grown to $2,213,000 and the deficit had risen to $687,712. In order to wind up the fundraising arrangement between petitioner and W&H, the Escrow Account was kept open until at least September 30, 1989, as petitioner’s last housefile mailing under the Contract was sent out in early May of 1989. Petitioner expected that W&H would render a final accounting to it on September 30, 1989. However, no final accounting was ever made or agreed to by petitioner and W&H. Petitioner’s position is that all debts incurred for prospect mailings had been paid for by the revenues produced from the mailing campaign, and that petitioner did not owe any money to W&H. 2. W&H’s Purchase and Invoice Control Procedures Similar to the authority it exercised with respect to the funds petitioner sought from the Escrow Account, up until about 1987, W&H generally exercised final authority with respect to approving and directing WIB to release funds to pay the direct mail campaign’s expenses. As indicated above in discussing the Escrow Agreement, the sole exceptions to W&H’s authority concerned WIB’s transfer of Escrow Account funds to pay “Business Reply” postage and invoices for WIB’s own services. Beginning about 1987, W&H generally obtained petitioner’s approval with respect to the payment of certain vendor invoices, before issuing payment instructions to WIB.Page: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Next
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