Larry D. Johnson - Page 5




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          venturers and their parent JCC.                                             
               Pursuant to the settlement agreement, West Mill conveyed all           
          of its rights in the Towne Lake project to First Hotel Investment           
          Corp., an affiliate of Westinghouse.  Additionally, West Mill,              
          petitioner, JCC, LDJ Construction Co., and LDJ Development Co.              
          released any and all claims against Westinghouse.  In return,               
          Westinghouse released any and all claims, agreed not to foreclose           
          on the Towne Lake property, and paid $1,050,000 jointly to West             
          Mill, petitioner, JCC, LDJ Construction Co., and LDJ Development            
          Co.  The agreement did not specify to whom the $1,050,000 would             
          be distributed.                                                             
               On December 5, 1991, the $1,050,000 payment was received by            
          JCC and on December 6, 1991, was deposited into a bank account              
          opened by JCC to receive the $1,050,000 payment.  Petitioner                
          directed JCC to pay certain creditors of West Mill from the bank            
          account.  Of the $1,050,000 received from Westinghouse, JCC paid            
          $269,000 to the Johnson Corp. for management fees it earned in              
          conjunction with West Mill, and $492,442 to F. Gardner Parker,              
          Trustee.                                                                    
               On January 9, 1992, petitioner submitted a request to JCC              
          for payment to him of the remainder of the settlement fund                  
          ($286,737.27).  Petitioner’s payment request contained no                   
          explanation or reason for the requested transfer.  On or about              
          January 10, 1992, petitioner deposited the $286,737.27 payment              






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