- 24 - contradictions. The Court therefore is unable to rely on much of Mr. Greene’s testimony, particularly when it comes to his management of or control over the stock sales and Valdes & Moreno account, where some of the most marked discrepancies arise. Thus, while statements by Mr. Greene might be sufficient to show that he assisted decedent by researching, tracking, and making recommendations about the eConnect shares, his comments fall short of establishing any genuine management and control. Furthermore, the documentary record supports that any time an actual sales call or request to transfer funds was made, it was decedent’s personal action that formally initiated the transaction. Shared excitement and casual use of plural pronouns are hardly a substitute for the complete dearth of documentary evidence to show Mr. Greene making even one order with respect to the account. Notably, the estate tries to minimize the significance of decedent’s prompt transfer of the sales receipts out of the Valdes & Moreno account by claiming that Mr. Greene “initiated the movement”. Suffice it to say that the attempt, conclusory, self-serving, and unsupported, fails to blunt one of the key objective facts in this litigation--that shortly after the eConnect sales, decedent ordered Valdes & Moreno to transfer the proceeds to other accounts that the record indicates were in her name alone.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011