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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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