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accounting, equipment acquisition, marketing, sales, and tax
return preparation. On June 30, 1988, Butler transferred to
McGraw a minority interest in Metro.
In the 1970s, Metro began hauling waste to Burnsville
Sanitary Landfill (Burnsville), which was owned by Ed Kraemer &
Sons, Inc. (Kraemer & Sons) (i.e., Rudy, Victor, and David
Kraemer’s construction company). Burnsville sent Metro monthly
invoices, and Metro paid these invoices by check. Robert Miller
(Miller), Kraemer & Sons’ Minnesota division manager, negotiated
the prices for all Burnsville customers.
Sometime before the years in issue, Butler, Miller, and
Richard Wybierala began participating in two schemes that
diverted Metro funds to Butler. Richard and Alice Wybierala
owned Poor Richards, Inc. (Poor Richards), another Twin Cities
area waste disposal company. Poor Richards did not have the
equipment necessary to empty trash containers that required a
front-end loader. Butler agreed to have Metro service all of
Poor Richards’s front-end loader customers in exchange for a
portion of the fees Poor Richards collected on those accounts.
Butler periodically submitted to Poor Richards invoices
summarizing the front-end loading subcontract work performed by
Metro. Poor Richards wrote checks payable to Metro or Village
Sanitation, Inc. (a defunct waste hauler). But, rather than
deliver the checks to Metro, Richard Wybierala (Wybierala) cashed
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Last modified: May 25, 2011