- 265 - and large attributable to Mr. Kersting's lack of candor as demonstrated by both inherent contradictions and inconsistencies with the written record. We are convinced that Mr. Alexander's testimony was not material to Judge Goffe's findings respecting Mr. Kersting's lack of credibility. Like Mr. Thompson, Mr. Alexander testified that Mr. Kersting had represented to him that stock subscription plan promissory notes would not be enforced and would be returned or destroyed upon the termination of the plan. Although Judge Goffe concluded that there was a pervasive stock surrender policy in the Kersting programs, we note that Judge Goffe did not list Mr. Alexander's testimony among the nine items listed in support of his conclusion on the point. In any event, assuming that Judge Goffe took Mr. Alexander's testimony into account, we are satisfied that Mr. Alexander's testimony was not material to Judge Goffe's holdings that there was a pervasive stock surrender policy within the Kersting programs or that Kersting promissory notes did not constitute genuine debt. As previously discussed in our analysis of the lack of materiality of Mr. Thompson's testimony on this same subject, Judge Goffe relied upon a long list of items in support of these holdings. Considering all the evidence in support of Judge Goffe's holdings, we are convinced that Judge Goffe would have reached the same conclusions without Mr. Alexander's testimony on the subject. Moreover, even assuming for the sake of argument that Mr. Alexander's testimony was material to Judge Goffe's holding respecting a pervasive stockPage: Previous 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 Next
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