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of the interview with Mr. S., those notes had been lost before trial.
Both Mr. F. and Mr. S. testified at trial. Mr. F. stated
that he referred business clients to an “Angel” for escort
services “probably sometime between–-sometime between ‘82 and
‘92.” He later added, “somewhere in around there.” He did
business with the escort service for “6 or 7 years.” At trial,
however, Mr. F. failed to identify petitioner as the “Angel” to
whom he sent his clients. On cross-examination, petitioner asked
Mr. F. if he could have stopped using the escort services prior
to 1989. He replied: “It’s possible. I don’t think so, but
it’s possible.”
Similarly, at trial, respondent’s counsel asked Mr. S.:
“Did you engage in any business transactions with Ms. Pappas
during the years 1989 through 1992, sir?” Mr. S. replied: “Yes,
I did.” He identified the nature of those business transactions
as “sexual favors”. When asked specifically about 1989, however,
Mr. S. replied: “I can’t guarantee that it was 1989. I just
* * * don’t remember back that far.” On cross-examination,
petitioner asked Mr. S. whether the events in his narration to
the IRS could have occurred prior to 1989. He replied: “It’s
possible.” She also asked “So in fact all of this activity could
have occurred prior to 1989?” Mr. S. replied: “Could have.”
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