- 53 -
The record also includes purported invoices for engineering
and design services for only 1993. The documents state in
pertinent part:
Engineering and Design Services for Hercules Aerospace,
as Prime Contractor to the Department of Defense
authorization to ERG for the investment in the
Facilitization and Plant Equipment required to obtain
the contract delivery rate requirements under Hercules
Classified Contract No. 2257-003136 as line item 1 and
under Hercules Classified Contract No. 2295-03020 as
line item 2, for the Fleet Ballistic Missile Program
“Special” D-5 tooling requirements.
The documents are written on NPI’s letterhead, addressed to ERG,
and bear the last day of each month in 1993 as the date.
Additionally, the documents are stamped “RECEIVED” on a certain
date by “ERG, Inc.” and are also stamped “paid” showing an
amount, date, and check number. Burton admitted, however, that
these invoices were created shortly before an audit meeting with
a revenue agent.
Burton testified that he kept track of the hours he spent
performing the purported design and engineering services on his
desk calendar.49 In answering a question concerning how much NPI
charged ERG for his alleged services, he testified: “I’d be
guessing, 200, 300 dollars an hour, something like that.” Burton
was asked and answered as follows:
Q: And how would you make that calculation, if you
didn’t keep specific hours on your desk calendar?
49The desk calendar was not proffered as evidence.
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