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cash) and placed that cash into a lockbox located in his house
(lockbox).
During the years 1989, 1990, 1991, and 1992, Mr. Daimler and
Ms. Mondragon personally maintained account No. 001-06112247 at
Texas Commerce Bank in Houston, Texas (TCB account), and Mr.
Daimler personally maintained account No. 5495449-05 at Deutsche
Bank in Bremen, Germany (German account). During those years,
the diverted corporate checks were deposited into the TCB ac-
count, and, whenever Mr. Daimler accumulated diverted corporate
cash in excess of $2,000 to $3,000 in the lockbox, he converted
such cash into cashier’s checks and deposited those checks into
the German account.
Mr. Daimler and Ms. Mondragon knowingly diverted the follow-
ing amounts of corporate funds from Dieter Electronics for the
years indicated by depositing diverted corporate checks into the
TCB account:
Amount of
Year Diverted Corporate Checks
1989 $33,138
1990 31,3823
1991 40,187
1992 27,775
3There is a $300 inconsistency in the deemed admissions
between the amount of diverted corporate checks that Mr. Daimler
and Ms. Mondragon deposited into the TCB account during 1990 and
the amount of dividend income consisting of such checks that they
failed to report in their joint return for that year. We have
used the lower amount for purposes of this Opinion.
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