- 65 - after this correspondence.38 The transfers made to the ANB accounts after Northwest obtained the TRO do not reflect petitioner’s agency; they were involuntary. Petitioner’s claim that he used the funds at issue on behalf of IL NA Tours, i.e., “to keep it in business”, is contradicted by the objective evidence in the record. As late as April 1988, Northwest remained willing to do business with petitioner and his corporations, providing them with substantial ticket stock for resale pursuant to the terms of the Interim Agreement, notwithstanding that they had acknowledged selling Northwest’s tickets and failing to remit proceeds in an amount exceeding $8 million. (Presumably, Northwest made the business calculation that its chances of ever seeing its money were better if petitioner’s corporations were allowed to continue operations.) However, what Northwest perceived as petitioner’s unrelenting efforts to hide the missing funds from Northwest’s auditors--that is, his refusal to cooperate in providing the information he had agreed to provide in the Interim Agreement, even when both sides acknowledged that ticket proceeds exceeding $8 million had not been remitted--ultimately prompted Northwest to file suit and 38 An additional $137,128 of the funds that the record establishes were taken from the IL NA Tours’ account and placed in the Sam Han account was not revealed and made subject to the TRO until Oct. 14, 1988.Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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