- 115 - Koehler testified that he agreed to $2 million of the $4 million for CKH because of his experiences on other deals with Crispin where fees were split 50-50. We find Crispin’s and Koehler’s testimony on this matter to lack credibility. Their testimony contained significant discrepancies, inconsistencies, and lapses regarding the purported oral agreement. For example, under the alleged fee- splitting agreement, petitioner agreed to pay to CKH $2 million or 80 percent of the NSI fee. Considering the large amount of documentation used for related transactions, we find it incredible that petitioner and CKH would not memorialize an agreement to pay $2 million. Crispin and Koehler were experienced businessmen whose transactions were based on written documentation, yet they maintained that it was unnecessary for CKH and petitioner to execute a $2 million fee-splitting agreement because they “trusted” one another. Similarly, Crispin claimed that CKH did not issue a bill for the $2 million payment because it was transferred in accordance with the oral agreement. During the trial, Crispin was asked about another transaction between petitioner and CKS that had been documented (the Investment Banking Services Agreement on February 1, 1997). Crispin explained that a written agreement was needed because Koehler and CKS had numerous creditors and petitioner’s rights to the money had to be established or memorialized.Page: Previous 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 Next
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