- 25 - blank or to make their checks payable to petitioner. Mrs. Rutz and Messrs. Eberli and Latter testified that petitioner told them to pay in cash. Petitioner also attempted to blame his fraud on his former employee, Mr. Hu, suggesting that it was Mr. Hu who deposited all those checks into petitioner’s bank account. Petitioner also suggested to the customer/witnesses that they may have been buying computer products belonging to Mr. Hu rather than belonging to him or PAC. Petitioner’s explanations were implausible and were an unsuccessful attempt to confuse the Court and to divert attention from his own fraudulent conduct. Petitioner concealed computer sales by making sure that the sales were not reflected on PAC’s books, by having the payments made in cash or by check made out to him personally, by indicating that the deposits related to loan repayments when he knew that they were for computer sales, and by carefully concealing the facts from his accountants. Petitioner failed to cooperate with respondent’s investigation; he refused to answer questions during the investigation, and he failed to respond to respondent’s formal discovery requests in any meaningful way, even after being ordered by the Court to respond. Petitioner’s conduct was not innocent. He fully understood his obligation to report sales on PAC’s books and records. Petitioner’s conduct evidences a coursePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011