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behalf of Olin Ordnance, first received each such invoice from
Mr. Palmer by issuing a check to Mr. Palmer in the following
amount on the date indicated:
Mr. Palmer’s Monthly Amount of Check Issued Date of Check Issued
Invoice Number by Olin Ordnance by Olin Ordnance
0006 $16,118.84 10/20/94
0007 16,417.84 11/17/94
0008 15,497.00 01/12/95
0009 17,431.52 01/12/95
0010 19,965.00 02/16/95
Each of the payments that Mr. Palmer received in January and
February 1995 from Olin Ordnance under the Marion plant/Palmer
consulting agreement for his respective approved monthly invoices
0008, 0009, and 0010 included the $1,700 Loomis residence monthly
payment required by paragraph 5 of that agreement relating to
“CONSULTING FEES” and Exhibit D of that agreement.
After Mr. Harris completed Olin Ordnance’s invoice review
process with respect to each of Mr. Palmer’s monthly invoices
0011, 0012, and 0013 relating to the monthly periods February 6
through March 5, 1995, March 6 through April 2, 1995, and April 3
through April 30, 1995, respectively, Mr. Harris promptly re-
turned each such approved invoice to Mr. Palmer. However, Mr.
Palmer did not promptly forward any of his approved monthly
invoices 0011, 0012, and 0013 to Ms. Svarzkopf at Olin Ordnance’s
Florida office. Instead, he retained those invoices until May
22, 1995, when he sent them to Ms. Svarzkopf with a transmittal
memorandum (May 22, 1995 memorandum). The May 22, 1995 memoran-
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