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from 1980 until 1990. Ms. Clark was again employed at BBTS from
1995 until the summer of 1999. During the latter period of
employment, Ms. Clark and petitioner were engaged in an
extramarital relationship, including while petitioner was married
to Carrie White (Ms. White) and Ms. Clark was married to Ted
Clark.
Ms. Ellis began working for BBTS in 1988, left employment in
1990, and returned to BBTS in 1991 and continued to work there
until January 2001, when her employment was terminated. Ms.
Ellis was responsible for bookkeeping and accounting. Ms. Ellis
had signatory authority over BBTS’s corporate checking account.
She also signed payroll checks on behalf of BBTS during the
period of the alleged embezzlement. Ms. Ellis paid petitioner’s
personal bills, such as telephone, power, etc., from BBTS and
charged the amounts as shareholder distributions.
Ms. Ellis and Ms. Clark provided petitioner with operating
cash from BBTS’s corporate accounts at least weekly, except for
the periods when petitioner was on vacation or engaged in
vocational training. The cash was provided to petitioner by Ms.
Ellis’s writing a check to petitioner and endorsing it. Then,
she or Ms. Clark would cash the check and either deliver the cash
to petitioner or leave it in his office desk. Petitioner used
the cash for expenses (cash expenses) incurred in the field,
including but not limited to, maintenance and repairs to trucks
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