Gabriel M. Daya, et al. - Page 32




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               Mahmoud also had access to Fuad’s Glendale Federal account on          
          which he wrote at least two checks in 1995.  One of these checks            
          was written to cover property taxes in the amount of $1,543.43 on           
          the Foster City residence.  The other check was made payable to             
          Morhaf for $3,765 and may have been used to reimburse Morhaf for            
          household expenses or to cover household expenses.  Also, $3,000            
          advanced from the home equity line of credit in Mahmoud and Fuad’s          
          names was deposited into the household account in 1995.  Thus,              
          Mahmoud had available for his support in 1995 at least $32,480.4315         
          attributable either to himself or to Fuad.  In addition, Morhaf             
          had wages, net of deductions and withholding, of $21,340, and at            
          least $3,671.94 of this amount was expended on the support of the           
          Mahmoud Daya family in 1995.                                                
               In 1995 Gabriel earned wages, net of deductions and                    
          withholding, of $19,115.  His 1995 Federal income tax return lists          
          other income totaling $516.  Gabriel also received a $1,000 check           
          from Fuad in 1995.  Although Fuad’s testimony suggests that all of          
          his contributions to the members of the Mahmoud Daya family were            
          made for the family’s general support, it is not clear that                 
          Gabriel was under any obligation to use the funds in a particular           
          manner.  Thus, Gabriel had a total of $20,631 which he could have           
          provided for the support of the Mahmoud Daya family in 1995.                


               15 This amount includes Mahmoud’s SSI of $6,672, Mahmoud’s             
          checks from Fuad totaling $17,500, the two checks totaling                  
          $5,308.43 Mahmoud drew on Fuad’s Glendale Federal account, and              
          $3,000 drawn on the home equity line of credit.                             



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