Kathryn Cheshire - Page 5




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          The Cheshires’ Use of the Retirement Distributions                          
               The Cheshires made several large disbursements out of the              
          Austin Telco account in 1992.  Specifically, $99,425 was withdrawn          
          to pay off the mortgage on the family residence, and $20,189 was            
          withdrawn to purchase a 1992 Ford Explorer.                                 
               The retirement distributions were also used to pay family              
          expenses, provide startup capital for Mr. Cheshire’s newly formed           
          sole proprietorship, Academic Resources Management Systems (ARMS),          
          and for investments.2  In addition, the retirement distributions            
          were used to satisfy loans taken out to acquire a family truck and          
          a car for one of their children as well as to open a college bank           
          account for their daughter.  The Cheshires retained joint ownership         
          of this account.                                                            
               On September 22, 1992, Mr. Cheshire opened a second account            
          (account No. 25239-87) at the Austin Telco Federal Credit Union and         
          transferred the remaining proceeds of the retirement distributions          
          from account No. 9633-09 into this account.  On November 12, 1992,          
          Mr. Cheshire wrote a check from this second account in the amount           
          of $6,300 payable to “A.R.M.S.”; this amount was subsequently               
          deposited into ARMS’ bank account.  In 1992, the funds in account           
          No. 25239-87 earned $26 in interest.                                        



               2    On Apr. 24 and May 19, 1992, Mr. Cheshire deposited               
          $40,000 and $5,301, respectively, into a brokerage account at               
          Edward D. Jones & Co.                                                       





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