Eric B. Benson, et al. - Page 13

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          2.  Constructive Dividend Issues                                            
               (a) The ERG-Recreation Fund Account                                    
               On or about April 5, 1985, Burton submitted an application             
          to open an account with the Franklin Group of Funds (Franklin)              
          under the name “ERG-Recreation Fund”.  The account was opened and           
          assigned money fund account No. 1110267091-7 (the ERG-Recreation            
          fund account).  During the years 1988 through 1994, Burton was              
          the only person with signature authority over the ERG-Recreation            
          fund account.  Checks written against the account were payable              
          through Bank of America.                                                    
               In 1988, numerous checks were deposited into the ERG-                  
          Recreation fund account aggregating $4,387.34.  Additionally,               
          checks were written from this account.  For example, check No. 6,           
          dated September 7, 1988, payable to NPI for the amount of $3,000            
          was signed by Burton.  This check was deposited into NPI’s bank             
          account during the period August 27 to September 30, 1988.                  
               In 1990, numerous checks were deposited into the ERG-                  
          Recreation fund account aggregating $11,097.53.  In 1990, three             
          checks were written on this account, all signed by Burton, for              
          example:  (1) Check No. 7, dated April 5, 1990, for $3,128 was              
          written to Michael’s Reno Suzuki; and (2) check No. 8, dated June           
          16, 1990, for $597.44 made payable to Anytime Power Sports                  
          Equipment.                                                                  








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