-55- of Carlco’s, TMT’s, or BWK’s corporate minutes books, stock ledgers, or stock registers after 1984. During this period, Kanter recommended and proposed to Freeman (IRA’s president) and Weisgal (trustee of the Bea Ritch Trusts, which held 100 percent of IRA’s common stock) that generally Carlco and TMT should each receive a 45-percent share of IRA’s available investment funds and that BWK should receive the remaining 10 percent of IRA’s available investment funds. Kanter testified that the distribution of IRA’s funds to Carlco, TMT, and BWK in a 45/45/10 percent split represented (1) a “free-cashflow asset allocation” he and Freeman devised, and (2) an effort to diversify IRA’s investments. Kanter, Transcr. at 3663-3666, 3690-3691, 3694-3695. The diversification of investments was to be achieved by having Lisle manage Carlco and invest principally in municipal bonds, Ballard manage TMT and invest principally in real estate, and Kanter manage BWK and make miscellaneous investments. Id.; Ballard, Transcr. at 222.31 Kanter, in fact, did not have time to manage BWK’s investments. Kanter, Transcr. at 3695. 31 As shown in additional findings of fact regarding the flow of funds, see infra pp. 162, 187-188: (1) IRA did not allocate all of its free cashflow to Carlco, TMT, and BWK during the period in question, and (2) in addition to real estate investments, Ballard invested substantial amounts of TMT’s funds in cash and municipal bonds.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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