-230- included a discussion describing the kickback scheme as a matter that generally was known only to Kanter, Ballard, and Lisle. Respondent theorized that Ballard and Lisle agreed to steer Prudential business to The Five (and Lisle agreed to steer Travelers business to Schaffel) with the understanding that Kanter would share with Ballard and Lisle any fees he was able to obtain from The Five. In other words, respondent conceded that Schaffel, Frey, Schnitzer, and Eulich were not aware Ballard and Lisle were using their influence to steer business to them. In respondent’s view, Schaffel, Frey, Schnitzer, and Eulich simply agreed to pay Kanter if he was successful in influencing his clients and other wealthy contacts in the real estate industry to generate business for them. Having misconstrued respondent’s position, the STJ report repeatedly cites the testimony of Schaffel, Frey, Schnitzer, and Eulich as compelling evidence in support of its conclusion that Kanter, Ballard, and Lisle did not engage in a kickback scheme. We acknowledge the STJ report also credits Kanter and Ballard’s testimony, and Lisle’s statement to IRS agents, that they were not engaged in a kickback scheme. As we shall discuss in significant detail below, it was manifestly unreasonable to give any credence to this testimony.Page: Previous 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Next
Last modified: May 25, 2011