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dum stated in pertinent part:
I am enclosing the three invoices for Feb., Mar., and
April for your review and approval. However, PLEASE DO
NOT ISSUE PAYMENTS. Please phone me and we can discuss
the agreement that I am working on with Cutler and
Picker.
On June 1, 1995, Ms. Svarzkopf subjected Mr. Palmer’s
approved monthly invoices 0011, 0012, and 0013 that Mr. Palmer
had sent to her on May 22, 1995, to Olin Ordnance’s invoice
payment authorization process, which took no more than a day.
Ms. Svarzkopf found each of those monthly invoices to be in
compliance with the Marion plant/Palmer consulting agreement.
Because of Mr. Palmer’s request in his May 22, 1995 memorandum
that Olin Ordnance not pay any of those invoices, Ms. Svarzkopf
did not immediately forward those invoices to Olin Ordnance’s
accounts payable department for payment. Instead, Ms. Svarzkopf
sought guidance from Glen Cutler (Mr. Cutler), an employee of
Olin Ordnance. On June 2, 1995, Mr. Cutler advised Ms. Svarzkopf
to honor Mr. Palmer’s request that Olin Ordnance not pay any of
his approved monthly invoices 0011, 0012, and 0013 until Mr.
Palmer directed Olin Ordnance to pay each such invoice. Conse-
quently, Ms. Svarzkopf did not forward Mr. Palmer’s approved
monthly invoices 0011, 0012, and 0013 to Olin Ordnance’s accounts
payable department for payment but retained those invoices until
Mr. Palmer directed Olin Ordnance to pay them. At Mr. Palmer’s
direction, Olin Ordnance paid each of his approved monthly
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