William T. Butler, Transferee - Page 4




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          them and delivered most or all of the proceeds to Butler.  McGraw           
          knew of this scheme and did not report these funds on Metro’s               
          corporate tax returns for the years in issue.                               
               Under another scheme, which began in 1987, Butler directed             
          McGraw to issue weekly Metro checks to Poor Richards in amounts             
          less than $10,000.  Although Poor Richards did not perform any              
          services, these checks were recorded on Metro’s general ledger as           
          subcontract work and deducted on Metro’s corporate tax returns.             
          Wybierala routinely cashed the checks and delivered the funds to            
          Butler, while McGraw generated vouchers and gave them to Metro’s            
          accounts payable staff.                                                     
               Neither Metro nor Butler kept records detailing the cash               
          Butler received under these diversion schemes.  Butler gave some            
          of the cash to Miller, a Kraemer & Sons employee, who, in turn,             
          lowered Metro’s dumping fees.  Paying cash to landfill operators            
          in exchange for lower dumping fees was not a common practice in             
          the Twin Cities area, and other Burnsville customers did not make           
          such payments.1                                                             
               Saliterman, Ltd. (Saliterman), a certified public accounting           
          practice owned by Mark Saliterman, performed, with McGraw’s                 
          assistance, yearend reviews of Metro’s financial statements and             
          prepared Metro’s Federal and State income tax returns.                      

               1  Pursuant to Minn. Stat. Ann. sec. 609.86 (West Supp.                
          2002), a generally enforced statute, commercial bribery is a                
          crime.                                                                      





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