-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 payPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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