- 364 - entities and individuals that were recorded as loans receivable. There were never any notes evidencing the loans, the loans were never secured, and substantial amounts were written off as worthless. We do not think that an independent trustee would have permitted corporations in which the trust was either the sole shareholder or the majority shareholder to have made such "loans". A truly independent trustee of a valid trust (who often also served as an officer or director of the corporations) could not permit such transactions without breaching his fiduciary duties to the trust and the corporations. If Weisgal had been an independent trustee, we do not think that he would have risked being held liable for such breach. The "loans" were made and written off as part of Kanter's income diversion and laundering scheme at Kanter’s behest. The corporations and trusts merely served as part of the scheme. Kanter's control over the administration of BRT is also shown by the fact that BRT was a client of Administration Co., Administrative Enterprises, and Principal Services, which were all entities controlled by Kanter. Weisgal did not maintain the books and records of BRT. They were maintained by Kanter, Administration Co., Administrative Enterprises, or Principal Services. When respondent served a subpoena on Weisgal for the books and records of BRT, no records were produced. Although he was the named BRT trustee, WeisgalPage: Previous 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 Next
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