Michael G. Culver and Christine M. Culver - Page 13




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          regard to the funds embezzled by Christine from the City of                 
          Molalla unless respondent satisfies his burden of establishing by           
          a preponderance of the evidence that Michael had actual knowledge           
          of Christine’s embezzlement income.                                         
               Michael contends (in his testimony and on brief) as follows:           
          (1) That Christine’s embezzlement activity was so clever that it            
          was hidden for 5 years not only from Molalla city officials but             
          also from himself, (2) that the family expenditures (expenditures           
          mostly financed) were well within the resources of petitioners              
          based alone on their combined wage income and would not, and did            
          not, alert him to the embezzlement income, (3) that in fact he              
          had no clue of the embezzlement income, (4) that he did not abuse           
          Christine or in any way force her into the embezzlement activity            
          or knowingly benefit therefrom, (5) that through the embezzled              
          funds Christine secretly sought to “buy” her family’s love,                 
          (6) that he has been forced into bankruptcy to pay for                      
          Christine’s legal fees, etc., and (7) that he and the children,             
          rather than benefiting, have suffered greatly, financially, and             
          mentally, as a result of Christine’s embezzlement.                          
               Michael’s claims of innocence and of lack of knowledge                 
          regarding Christine’s embezzlement activities and the income                
          relating thereto are corroborated by Christine’s testimony that             
          she carried out the embezzlement activity without Michael’s                 
          participation or knowledge.  We find Christine’s testimony                  






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