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City of Parma, Ohio. As Law Director, he was the chief attorney
for the City of Parma, responsible for the supervision of the
city's civil and criminal legal functions, advising elected
officials and drafting proposed legislation for city council.
Sometime during 1987, petitioner was introduced to Raymond
Kelley (Mr. Kelley) by Leonard Bergenstein (Mr. Bergenstein),
known to petitioner as knowledgeable in the field of computers
and software. Messrs. Kelley and Bergenstein represented to
petitioner that Mr. Kelley was developing computer software which
could someday be of significant commercial value. This software
purportedly would increase computer speed and storage capacity,
and would also be virus-proof. Petitioner, who was not in the
business of lending money, invested in Mr. Kelley's computer
software project.
From March 1988 through August 1991, petitioner advanced
over $100,000 to Mr. Kelley's program. The format for
petitioner's advances varied. He wrote 65 checks totaling
$65,066 made payable to Mr. Kelley, between August 18, 1988, and
June 14, 1990. Between August 18, 1988, and June 21, 1989, Mr.
Kelley executed 25 notes in favor of petitioner evidencing 25 of
the 65 checks. The notes called for 10-percent interest, but no
principal or interest was paid on the notes.
On March 21, 1988, petitioner's law firm, Boyko & Boyko,
entered into a 60-month lease agreement with Bison Leasing Co.
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