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identification number on the account was Mrs. Comey’s Social
Security number.
In early 1991, 4,710 shares of the Merrill Lynch Capital
Fund Class A (Capital Fund shares) were held in the Merrill Lynch
account. On February 5, 1991, pursuant to Mrs. Comey’s orders,
Merrill Lynch sold (or redeemed) the Capital Fund shares for
$110,416. There was no indication on the Merrill Lynch account
statements relating to this transaction that Mrs. Comey was
holding the Capital Fund shares as an agent or nominee for
Landtrak or for any other person or entity.
Beginning February 7, 1991, the $110,416 sales (or
redemption) proceeds were briefly reinvested in shares of the
Merrill Lynch Ready Assets Trust. The Ready Assets Trust account
was also held in Mrs. Comey’s name; the address on the account
was Mrs. Comey’s residence; and the taxpayer identification
number was Mrs. Comey’s Social Security number. There was also
no indication on the Ready Assets Trust account statement
relating to this transaction that Mrs. Comey was acting as agent
or nominee for Landtrak or for any other person or entity.
On February 14, 1991, a Ready Assets Trust check for the
$110,416 proceeds was deposited in a checking account maintained
in Landtrak’s name with M&I Bank of Menomonee Falls, Wisconsin.
Approximately 1 week later, the proceeds were transferred to
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