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although he also worked as a “bagman” carrying lottery slips from
one location to another. In 1986, and again in 1991 and 1994,
Lesely was arrested while working as a bagman. Each arrest
resulted in a conviction for possessing illegal lottery slips.
In 1994, the State of North Carolina Department of Crime
Control and Public Safety, Division of Alcohol Law Enforcement,
commenced an investigation into Lesely’s illegal numbers
operation. That investigation culminated with the March 31,
1994, search of the Moore’s Auto premises as well as petitioners’
residence. The search of Moore’s Auto resulted in the seizure
of, among other things, lottery ticket receipt books, lottery
tickets, an address book containing lottery writers’ numbers,
numerous pieces of lottery information, bank bags containing over
$7,012 in cash, and a double-barrel shotgun. The search of
petitioners’ residence resulted in the seizure of, among other
things, lottery ticket receipt books, lottery tickets, numerous
pieces of lottery information, and approximately $7,452 in
currency.
Petitioners were charged pursuant to section 7201 with four
counts of tax evasion (one count for each of the taxable years
1987, 1988, 1989, and 1990) and pursuant to 18 U.S.C. section
1955 with one count of gambling. Lesely was also charged
pursuant to 18 U.S.C. section 1920 with four counts of making
false statements in applying for Federal employment compensation
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