- 255 - 6. Conclusion At trial, all the witnesses associated with the Five explicitly denied that the payments described were "kickbacks" or "payoffs" for Ballard and/or Lisle's help in steering business to them. Those witness did confirm, however, that they entered into these arrangements in exchange for Kanter's influence in obtaining business. Furthermore, it is clear from the record that Kanter, Ballard, and Lisle agreed to share and did share the money from the Prudential transactions in a 45-45-10 split. Although some of the Prudential payments and transactions were finalized after Ballard and Lisle left Prudential, the transactions began long before Ballard and Lisle left Prudential. The payments had their genesis in transactions with which Ballard and Lisle were both familiar and in which they were directly or indirectly involved while they held executive positions with Prudential. The transactions, even if occurring after Ballard and Lisle left Prudential, were simply a continuation of what was laid out and planned in earlier years. Thus, we find that 70 percent of the payments from Hyatt to KWJ Corp., all of the payments by Frey to Zeus, all of the payments from Schaffel connected with Prudential transactions and made to IRA, the bargain element in the sale of the Schnitzer-PMS stock to IRA, and all of the Essex distributions to IRA are attributable to services provided by Ballard, Lisle, and Kanter.Page: Previous 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 Next
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