- 11 - proverbial shoebox. His extensive miscellany of documents includes photocopied bank statements, checks (some canceled, some not), credit card invoices, flight log pages, and so forth. Many of these documents contain cryptic and oftentimes indecipherable notations, generally handwritten. Petitioner suggests various explanations for the inadequacy of his records, none of which we find convincing.7 7 On brief, petitioner makes passing allegations that respondent seized “all of * * * [his] financial and other records together with most of Cirrus’ records” and that when respondent returned those records “they were not in the same order or condition in which they had been when seized.” Petitioner does not explain why he would not have retained copies of the documents that he turned over to respondent, or indeed what has become of the originals. Even if we were to assume, for sake of argument, that petitioner’s allegations were true, these allegations do not address the larger point that petitioner might be required to maintain more systematic records than he alleges to have turned over to respondent. In any event, petitioner offered no evidence as to how respondent’s treatment of the records hindered his ability to present his case at trial. Additionally, petitioner suggests on brief that he once possessed certain records (e.g., fuel purchase receipts, appointment books, billing records, and aircraft maintenance records) that would have bolstered his case, but that prior to trial, he had either discarded these records or no longer had them in his custody or control, thereby preventing their use at trial. We find petitioner’s allegations unconvincing, particularly in light of the ongoing criminal investigation of petitioner before his plea agreement in 1996. Moreover, petitioner bears the burden of proof, and we cannot assume that the discarded or lost records would have helped him. Petitioner further complains that, but for respondent’s evidentiary objections and vigorous application of the Federal Rules of Evidence, he would have been able to offer sufficient evidence to substantiate his alleged expenses. The short answer is that petitioner cannot carry his evidentiary burden with incompetent evidence. This Court is obligated to follow the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011