- 9 - calculations. Agent Gannaway’s report, however, is fatally flawed. First, in determining the total amount received by petitioner, Agent Gannaway relied on information obtained from Hood. Hood, the only witness testifying as to how much petitioner received, was not credible. His testimony was self- serving and laden with prevarications. In addition, for purposes of determining the profit percentages attributable to petitioner and Hood, Agent Gannaway relied on information obtained from certain members of the charities. Although Agent Gannaway testified that the members were certain of the percentages petitioner and Hood received, at trial their testimonies contained numerous inconsistencies and, to varying degrees, were not credible. We also note that some of those charity members were inappropriately receiving a portion of the bingo proceeds. Furthermore, Agent Gannaway’s report did not include corresponding deposit slips to support his calculations of approximately 40 entries (i.e., relating to Ruritan Club). With respect to Handicaps Unlimited, the original financial reports were lost prior to trial, and no copies of such reports were proffered by respondent. Thus, respondent’s determinations are critically flawed, and virtually all the testimonial evidence was not credible. As a result, the Court is required to accept respondent’s incorrect determinations, recompute thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011