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was not suspicious as to the manner her transactions were handled
and stated the products were “cheaper than Frank’s and better
quality”. She acknowledged, however, that, although she believed
she was dealing with Frank’s at the time, “to my knowledge now,
looking back, hindsight, I guess I wasn’t”.
Several Frank’s employees testified at trial that it would
not have been possible for Ms. Rhodes to purchases items
wholesale from Chloe in the parking lot of Frank’s without
drawing the attention of the other employees. Frank’s employees
often worked outside in the warmer months selling lawn items, and
none of them ever saw a woman matching Chloe’s description, or
anyone else, selling items from a large white truck. Also, there
are several large windows in the front of every Frank’s where
employees may look out onto the parking lot, and no one ever
witnessed the transactions Ms. Rhodes claimed. Finally, Frank’s
employees testified that Ms. Rhodes could not have been able to
drive “around back” of Frank’s and purchase items off the loading
dock, because that area was restricted from customers and
monitored by employees. If a customer attempted to drive behind
Frank’s, an employee would immediately notice and investigate.
With respect to purchases Ms. Rhodes claimed she made at the
Silk Shop, she testified that the Silk Shop was no longer in
business when she was audited but had been located in Coldwater,
Michigan. Ms. Rhodes, however, could offer no specific address
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Last modified: May 25, 2011