John V. Maher - Page 7

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          proceeding, petitioner has never denied that he fraudulently                
          misappropriated money from the Kieffers and that it was wrong to            
          do so, although he alleges that these misdeeds were an isolated             
          aberration in his conduct.  Petitioner maintains that he always             
          intended to repay the Kieffers with interest for their                      
          “investments”, and that he eventually did so, with liquidated               
          damages, albeit pursuant to a consent judgment.  (He alleges                
          that he would have repaid the Kieffers sooner but lacked the                
          resources, having gambled himself into bankruptcy and being                 
          legally unable to withdraw funds from his Government retirement             
          program.5)  Although it betrays a sore lack of judgment (perhaps            
          aggravated by a gambling compulsion) and does nothing to absolve            
          him of wrongdoing, petitioner’s testimony in this regard did not            
          strike us as being dishonest or devious.6                                   
               Petitioner testified that when he filed his tax returns for            
          1995 and 1996, he believed that he was not required to report               
          the Kieffers’ payments to him as taxable income, “Because I                 

               5 Petitioner alleges that he did not list the Kieffers on              
          his bankruptcy petition because he intended to repay them in full           
          and did not seek to have his obligations to them discharged in              
          bankruptcy.                                                                 
               6 We are mindful that in sentencing petitioner for mail                
          fraud, the presiding judge in the U.S. District Court of New                
          Jersey stated:  “It’s clear to me that that unfortunate                     
          circumstance [of petitioner’s defrauding the Kieffers] was the              
          result of a gambling compulsion, which doesn’t excuse it, however           
          you have made complete restitution to the Kiefers [sic], you have           
          come forward and accepted responsibility and in an extraordinary            
          way”.                                                                       





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