- 14 - close of 1990. Presumably such an occurrence would have entitled petitioner to some, if not substantial, commissions. We find it highly unlikely that the May 1990 meeting between petitioner and Mr. Griffin did not include any discussion about potential future business that might have resulted from petitioner's efforts while employed by CMS. We are unwilling to accept petitioner's version of what took place at the May 1990 meeting and his explanation as to why the $20,000 payment was made to him. Furthermore, petitioner's explanation as to why he received the $20,000 payment is inconsistent with the provisions of the agreement subjecting the payment to payroll deductions. On the other hand, we are not completely satisfied with Mr. Griffin's version of the May 1990 meeting either. Mr. Griffin testified that the GNMA letter was not discussed. It is clear from the record that if the reference in the GNMA letter was to the Signet credit facility, the letter contained false statements. Knowing that his employment with CMS was soon to end, we find it more likely than not that petitioner, believing the GNMA letter to contain false representations, called it to Mr. Griffin's attention, for whatever doing so might have been worth to petitioner. We are somewhat disturbed that Mr. Griffin could not support his claim regarding the accuracy of the GNMA letter with supporting documentation, and also with the amount of the payment made to petitioner upon termination of employmentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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