- 21 - payments to or for Mr. Gherman or a family member by date, check number, payee, amount, and description. The accountant who prepared the family disbursements schedule made no attempt to distinguish legitimate disbursements (such as for business purposes or salaries) from nonlegitimate disbursements. The family disbursements schedule was prepared by use of FIP's books and records and for use in the 1988 bankruptcy proceeding. Prior to trial in the 1988 bankruptcy, Mr. Feltman proposed a settlement with Ms. Walters, Shari, and Craig whereby each of them would retain a residence, an automobile, furniture, personal possessions, and some cash. On the advice of Mr. Gherman, however, the Gherman family members rejected that offer. Following trial, the bankruptcy court issued a memorandum decision in favor of Mr. Feltman, as trustee, pursuant to which he was awarded approximately $6.2 million in money damages and a constructive trust over the homes, automobiles, boats, and other assets of Mr. Gherman and his family members. In addition, Mr. Gherman was denied a discharge. Accordingly, judgments were entered against Ms. Walters in the amount of $6 million and against other Gherman family members in various amounts. Pursuant to a subsequent settlement offer, however, the Gherman family members were released from the judgments entered against them and were paid $35,000. As a result of the 1988 bankruptcy, however, Ms. Walters, Shari, and Craig lost their personalPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011