- 7 - every check written to petitioner was embezzled, resulting in the $1,801,213 total originally claimed in the refund request. On January 24, 2001, Ms. White filed a police report with the Jacksonville Sheriff’s Office. The police report did not mention a sizable embezzlement loss.4 The police report is the only report petitioner filed with law enforcement officials with respect to the claimed theft loss. Although petitioner and Ms. White have divorced since the discovery of the alleged embezzlement, petitioner occasionally sends Ms. White money. Petitioner gave Ms. White $1,000 for her travel expenses from Pensacola to Jacksonville to testify at the trial in the instant case. Petitioner also gave Ms. White $500 2 weeks prior to the $1,000 gift. During 2001, petitioner filed a civil action against Ms. Clark and Ms. Ellis seeking damages for the amount of the theft loss. Petitioner entered into a settlement agreement with Ms. Ellis and Ms. Clark on January 9, 2003, that required them to pay petitioner $12,000 each. Ms. Ellis discharged her liability under the settlement in a chapter 7 bankruptcy. On February 14, 2006, petitioner filed against Ms. Clark a motion for final 4The police report claims the theft of personal property, mostly tools and office equipment. Ms. White testified at trial that “Some of those things have since been found.” The only mention of checks is in the “Additional Information” section after the enumeration of stolen items.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011