-235- the consulting payments constituted income assigned by Ballard and Lisle to their children. As discussed in detail infra pp. 293-295, a close examination of Kanter’s letters terminating the consulting payments to the children is indicative of an attempted coverup of that question. 6. Manifestly Unreasonable Credibility Determinations a. Testimony Offered by The Five As previously discussed, because respondent asserted that Kanter, Ballard, and Lisle did not disclose their kickback scheme to Schaffel, Frey, Schnitzer, and Eulich, the conclusion in the STJ report that The Five testified credibly that they did not intend for their payments to IRA or THC to serve as kickbacks to Ballard and Lisle is not dispositive of the matter. b. Ballard’s Testimony Regarding the Hyatt Transaction The STJ report, at 76 note 29, states that Ballard’s testimony that he discussed the Hyatt/KWJ fee agreement with A.N. Pritzker “dispels the notion that there was collusion between Ballard, Lisle, Kanter, and Weaver with respect to [Weaver’s finder’s] fees.” Ballard’s testimony lacked credibility. First, the testimony was self-serving on its face and uncorroborated by any other witness. Second, A.N. Pritzker seemed intent upon keeping the Hyatt/KWJ agreement a secret, even within the Pritzker family, and, therefore, it seems implausible that A.N. Pritzker would have spontaneously volunteered this information toPage: Previous 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 Next
Last modified: May 25, 2011