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hearing was open to the general public. Kibort attended
petitioner's bond detention hearing and obtained a copy of a
proffer that was submitted in evidence at the hearing. The
proffer was submitted by the Government in support of a motion
for detention and explained why petitioner was perceived as a
flight risk. Kibort relied on the information obtained at the
bond detention hearing and contained in the proffer as background
information for petitioner's termination assessment.
The proffer disclosed that petitioner had been indicted in
Fort Lauderdale for income tax evasion pursuant to section 7201
for the years 1978 through 1982 and for filing a false return for
1980 pursuant to section 7206(1). The indictment for the latter
offense was based on his having indicated on the 1980 return that
he did not have an interest in or authority over a foreign bank
account during the tax year. The proffer also indicated that
part of the underreported income for the years of the indictment
was $1.8 million of interest income from Cayman Islands accounts.
In addition, the proffer indicated that during the pendency of
his criminal tax case in Florida, petitioner removed $485,000
from his Cayman Aviation Finance account and $3,125,000 from six
certificates of deposit at the Bank of Nova Scotia in the Cayman
Islands.
The proffer also chronicled petitioner's past experiences
with law enforcement officials. In addition, the proffer
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