Steven K. Han - Page 77





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          after Northwest had succeeded in tracing the funds and forcing              
          them into custodial accounts governed by the TRO.  Thus, these              
          recordations–-the earliest of which occurred in August 1988–-are            
          not probative regarding whether petitioner was holding the funds            
          as an agent before his actions were mandated by the TRO.40                  
               Petitioner’s vigorous efforts to keep the funds that he had            
          taken from corporate accounts hidden from Northwest, even when              
          these actions harmed his corporations, also persuade us that                
          petitioner exercised personal dominion and control over those               
          funds in 1988.  In one instance, petitioner may have voluntarily            
          disclosed diverted corporate funds to Northwest; namely, when the           
          $271,836 identified by petitioner’s attorney as the proceeds of             
          the “Gerber account” was transferred from P-B No. 2 to ANB No. 2            
          on May 26, 1988, in connection with petitioner’s attorney’s                 
          proposal to secure petitioner’s release from liability under the            
          Guaranty and Interim Agreement.41  However, in line with our                


               40 Respondent objected at trial to the admission of the                
          workpapers on grounds of authenticity, hearsay, and completeness.           
          We reserved ruling on those objections.  In a separate order, we            
          have overruled respondent’s objections and admitted the                     
          workpapers as evidence.  However, in our view, the workpapers are           
          not probative regarding petitioner’s intentions or agency, and we           
          do not rely on them in reaching our findings.                               
               41 Whether petitioner voluntary disclosed to Northwest his             
          purchase of the Gerber stock with his corporations’ funds or                
          Northwest’s auditors instead traced the transaction is not clear            
          from the record.  In view of the record as a whole, however, the            
          latter is much more likely.                                                 




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