-34-
the voting members” that all three of the listed conditions have
been satisfied. Art. Ninth (B).
Petitioner’s amended trial memorandum, filed at the trial,
states that Plants will testify as follows:
that the $3,000 paid to Elio Zerbini, Esq. represented
payment for legal services rendered to Petitioner and its
Treasurer, Ernie Zeve, in conjunction with the criminal
proceedings; that Petitioner was authorized to pay for said
legal services rendered to Ernie Zeve * * *.
This same memorandum states as follows in the summary of
facts portion:
Although Respondent has not specifically stated that it
believes that the payment of legal fees to Elio Zerbini,
Esq. constituted prohibited private inurement, Respondent
has also questioned the payment of $3,000.00 to Elio Zerbini
by check no. 717, dated August 13, 1986, in discovery in
this action. As that payment represents payment for legal
services rendered to Petitioner and to Petitioner’s
Treasurer, Ernie Zeve, in conjunction with the criminal
charges against Petitioner described above, that payment
also constituted an ordinary, necessary and reasonable
expense of Petitioner made in furtherance of its purposes.
Finally, this same memorandum states as follows in the
expected witnesses portion:
3. Elio Zerbini, Esq., who will testify that he is an
attorney at law who represented Petitioner in the Lorain
County Court of Common Pleas upon the criminal charge of
failing to use all of the receipts of Petitioner’s bingo
games for charitable purposes or permissible expenses and
that the $3,000.00 which Petitioner paid to him represented
legal fees for his representation of Petitioner only.
The parties stipulated that Zerbini represented Zeve as well
as petitioner in the criminal case. Plants testified that the
$3,000 payment to Zerbini was solely for Zerbini to represent
petitioner in the criminal case, and that petitioner did not pay
Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NextLast modified: May 25, 2011