- 51 - We are persuaded that Ms. Walters did not know that Mr. Gherman was embezzling money from FIP's clients until 1988, after he fled the country and after the returns for the applicable years were filed. Mr. Gherman did not tell Ms. Walter that he was embezzling money from the accounts of FIP's clients. The embezzled funds, furthermore, did not go into the Joan Gherman No. 1 account, over which she had control, but into the FIP account, over which she exercised no supervision. Although Ms. Walters attended monthly board meetings of FIP, it is unlikely that the embezzlement of funds from accounts of FIP's clients was a topic of discussion at those meetings. Even Mr. Feltman, the trustee for the 1988 bankruptcy, became convinced after a lengthy investigation of the CD scheme that Ms. Walters was unaware of the embezzlement until after Mr. Gherman fled the country. Accordingly, we conclude that at the time the tax returns for the applicable years were filed, Ms. Walters had no actual knowledge of the transaction giving rise to the unreported income--the embezzlement of funds from the accounts of FIP's clients. Additionally, we are persuaded that Ms. Walters had no reason to know that Mr. Gherman was embezzling money from the accounts of FIP's clients. Ms. Walters was a high school graduate and was basically ignorant of tax, financial, and accounting principles. Mr. Gherman's financial affairs were complex, and Ms. Walters had very little to do with them. The CD scheme continued over a number of years and deceived manyPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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