- 7 -
reasonably matches the statements for those purchases Cox made
from Concord by check. (And the Commissioner has conceded those
expenses.) We infer from that that the ledger is accurate when
it shows that cash--even cash obtained by cashing checks at
grocery stores and gas stations--was going to Concord on a
regular basis to pay for cars. Cox also insisted the owners of
Concord give him receipts, and he kept them too--fortunately not
stuffing them into the missing duffel bag. Those receipts also
match--not perfectly, but in more than enough instances for us to
believe that the ledger and remaining records are legitimate.
Cox also credibly explained why he didn’t just write checks
to Concord. As he told it, his relationship with Concord had
begun with his making payments by check, but there were times
that his business account had insufficient funds, or at least
insufficient collected funds, to make the checks good. This made
Concord’s owners leery of accepting his checks and for most of
2000 they demanded that he pay cash, accepting checks only
occasionally when he warned them that he was short, and they
agreed to hold off presenting them for payment. And the existing
documents also show combinations of checks to Concord and cash
payments totaling about $2000/week, which corroborates Cox’s
testimony.
Cox also credibly explained his practice of cashing checks
made out to himself or his wife--he did so because Spiller
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011