- 136 -
to offer collection litigation records into evidence through
Mr. Moseley, Judge Goffe initially questioned why Mr. Izen had
not obtained the documents before trial so that the documents
could have been subjected to the stipulation process. Mr. Izen
responded that, although he had requested the documents from
Mr. Kersting earlier, ultimately he had relied upon the subpoena
that respondent had served on Mr. Kersting, and he had only
recently received the documents.
During Mr. Moseley's testimony, Mr. Izen offered into
evidence records from the bankruptcy case of Mr. Provan
indicating that certain corporations controlled by Mr. Kersting
were creditors of Mr. Provan. The Court sustained Mr. McWade's
objections to admission of these records on grounds of relevance
and incompleteness.60 The Court also sustained Mr. McWade's
objections to the admission of several documents pertaining to
collection litigation against George Vermef, although these
documents were later admitted into evidence through
Mr. Kersting's testimony.61
59(...continued)
the production of records of any other collection actions against
Kersting program participants.
60 The documents in question did not reveal the particular
debts that the Kersting corporations had apparently asserted
against Mr. Provan.
61 Judge Goffe's treatment of the collection litigation
evidence is summarized supra pp. 72-74. Mr. Izen's bringing up
the collection litigation again, following the evidentiary
hearing, is described infra pp. 196-197.
Page: Previous 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 NextLast modified: May 25, 2011