James P. Shea and Patricia H. Shea - Page 21




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          representative of Truemax, were called as witnesses11 to                    
          establish whether a theft occurred and, if so, the date and place           
          of the theft.                                                               
               This unsatisfying factual record does not permit us to find            
          that a theft occurred.  At most, the record in this case suggests           
          that, of the $650,000 transferred to Quotum in January 1992, at             
          least $42,000 was returned to James, $250,000 was paid for                  
          insurance, $70 was paid for bank charges, $72,000 was given to              
          Truemax Sweden, and $281,000 was taken by Michael Donnelly into             
          Russia to make a partial payment for the airplanes with James’              
          approval.  There is no proof that a theft occurred or, if it did,           
          when it occurred or where.  The record suggests only that a very            
          risky business deal was in process and that it went sour at some            
          point in time and for unknown reasons.                                      
               Petitioners have also failed to prove that they were the               
          victims of any theft.  The record indicates that the funds                  
          advanced by James were transferred to Quotum, a corporation, and            
          that the funds were used, at least in part, for Quotum’s business           
          expenses.  The record is devoid of evidence sufficient to                   


               11 Although some of these participants may have resided                
          overseas and, consequently, could not be compelled to attend                
          trial in the United States, there has been no showing whatsoever            
          as to where these individuals resided or that they were unwilling           
          to provide testimony.  At least two of the participants, Michael            
          Donnelly and E. B. Leedy, apparently were U.S. citizens.                    
          According to Michael Donnelly’s bankruptcy file, he resided in              
          the United States.                                                          





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