- 15 - expenses of $120,825. However, we do not find this sufficient in itself to find that Linda’s lack of suspicion became unreasonable that year. First, most of that spending was on home improvements rather than deposits into their joint account, and as we already noted Linda had no familiarity with how expensive they might be. Looking at the numbers for each calendar year might also have been misleading--especially in a business where legitimate bonus income might be clustered at the beginning or end of a year, but the spending that it fuels might occur in a different year. The last factor is whether Jerry was in any way evasive or deceitful regarding the embezzled money. Jerry credibly testified that he deliberately took actions to ensure that Linda would not find out about his embezzlement or his failure to report it, because he viewed her as an honest woman who would never sign a false tax return. And when she collected from him the W-2s and other documents that their accountant needed to complete their returns, he was careful to withhold any paperwork that might cause her to question the numbers. Linda realized that Jerry was being less than trustworthy when she learned in 1994 that investigators had raided his office. But ever since, she has regularly checked up on him. Jerry testified during trial: THE COURT: Who in your family pays the monthly utility bills, the routine checks of that kind? THE WITNESS: My wife does.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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