- 21 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011