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purported to be monthly memoranda for 1989, 1990, and 1991. The
memoranda made it appear as though petitioner had informed Mr.
Reiter of the deposits to her Merrill Lynch account and she had
provided him with monthly statements for the account. The
Department of Justice approved prosecution of petitioner and
referred the case to the local U.S. Attorney’s Office.
On April 19, 1996, Jerome Busch, an attorney representing
petitioner prior to her indictment, sent Assistant U.S. Attorney
Michael W. Emmick a package of documents purporting to be
memoranda from petitioner to Mr. Reiter regarding her Merrill
Lynch account. In response, the Government asked for the
original documents so they could be sent out for laboratory
analysis. Mr. Emmick was told that the original documents had
been stolen out of the trunk of George Pearson’s car. Mr.
Pearson was a friend of petitioner, and supposedly was
transporting the documents to Mr. Busch so that Mr. Busch could
deliver them to Mr. Emmick.
After the “disappearance” of the alleged original memoranda
and Merrill Lynch documents, the Government asked for the
computer and printer used by petitioner to prepare the memoranda
so that the Government could analyze the hard drive in order to
determine the date petitioner created the documents. Neither
petitioner nor her representatives provided the computer or the
printer.
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