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It is improbable that J. Mantakounis would personally carry
$105,000 cash to Florida. Although petitioner claims to have
been aware that his father was carrying the cash, no security
precautions were taken. In addition, Mrs. Mantakounis did not
testify regarding the transaction and the trip that
J. Mantakounis took to Florida, even though she was present at
the time and at trial.
Petitioner’s testimony concerning the “note” was replete
with factual inconsistencies. The note was not in the form of a
promissory note. The note refers to three different amounts:
$95,000 payable on demand, $50,000 payable on demand, and $9,000.
Petitioner was vague in answering respondent’s questions at trial
concerning whether J. Mantakounis gave him $105,000 in cash or
the $95,000 referred to in the note. Petitioner was also
inconsistent in describing exactly what the other two amounts in
the note were.
Although petitioner testified that he had the note when he
first met with Moore in 1995, he did not show it to her at that
time. The alleged “loan” was “repaid” during the time that the
examination was nearing conclusion, after a transaction with
petitioners’ son. It was not until after petitioners had
retained their current counsel, in 1997, that the note was
produced. Overall, petitioner’s direct testimony was in response
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