Timothy and Barbara Kosinski - Page 25




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          3 years, petitioner told the special agents that he had spent the           
          cash and mentioned Phillips for the first time.                             
               Mrs. Kosinski, who had worked previously as a teller at two            
          different banks, admitted to withdrawing personally nearly                  
          $3 million in $9,500 cash increments on behalf of her husband               
          from 1995 through 1999, nearly $1 million of which was withdrawn            
          in 1997 alone.  Although she testified in her criminal proceeding           
          that she made hundreds of $9,500 withdrawals so that the bank               
          would not have to fill out Federal reports for cash transactions            
          over $10,000, Mrs. Kosinski testified in this case that she did             
          not know and never inquired about her husband’s purpose in                  
          withdrawing the cash, why the money was withdrawn in $9,500                 
          increments, or what her husband did with the money once she gave            
          it to him.  Mrs. Kosinski also testified that she did not know              
          that her husband was making substantial cash payments to                    
          Phillips; yet she also testified that on one occasion she left a            
          $10,000 check payable to cash under a doormat for Phillips at her           
          husband’s direction.  Not only did petitioners both participate             
          in structuring substantial cash transactions, they both gave                
          inconsistent and implausible testimony regarding that issue.                
               Evidence of fraud in this case also includes the substantial           
          number of structured cash transactions outlined above in which              
          petitioners regularly engaged over several years.  Petitioners              
          purposefully made withdrawals just below the threshold at which             







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