Nick Kikalos and Helen Kikalos - Page 3

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          consumers.  A buy-down is a discount given to a retailer for each           
          carton of cigarettes sold during a given promotional period.                
               Cigarette manufacturers expected the retailers to pass along           
          the buy-down discounts to the customers.  The manufacturers used            
          different approaches to verify this expectation.  Some of the               
          manufacturers’ sales representatives, during periodic sales                 
          calls, confirmed that retailers complied.  Other cigarette                  
          manufacturers required the retailers to take inventories to                 
          reconcile with the amount of buy-down payments.  In such cases,             
          the buy-down amounts were computed by taking the change in                  
          inventory for a given buy-down period and adding the total                  
          cigarette purchases during the same period.  When required,                 
          Nick’s Liquors performed this accounting and furnished it to                
          cigarette manufacturers before they paid the buy-downs.  Such               
          accountings were not audited or verified by the cigarette                   
          manufacturers.  Lastly, a number of cigarette manufacturers paid            
          buy-down discounts to retailers based on the number of cartons              
          purchased during a given buy-down period.                                   
               Because of delays in processing the buy-down information,              
          Nick’s Liquors received buy-down payments weeks or months after             
          the transactions with the ultimate consumer.  Thus, some buy-down           
          checks received by Nick’s Liquors in 1997 contained payments with           









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Last modified: May 25, 2011