In Re Mcnamara
310 B.R. 664 (2004)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
D was the only witness at the trial. He testified that he had $150,000 in a briefcase as a result of numerous withdrawals from bank accounts during the summer of 1998 and that immediately after he was ordered to deposit the money in an escrow account. D claimed he gambled $130,000 in a winner-take-all stud poker game at a private residence in Brooklyn, New York. D was not able to provide any details about the poker game except that someone, who no longer lives in the country, drove him there. D claimed that he was under the influence of alcohol and medication for severe depression. D further stated that he had just lost his job and had been taken to a hospital in New York with what he initially thought was a second heart attack. There was no evidence to corroborate any part of the claim such as medical or hospital records or the testimony of anyone who witnessed his condition. D testified that he reserved enough money to pay for a Caribbean vacation, which was supported by receipts from that trip. D denied that he deposited any money into offshore bank accounts. D also had great difficulty recalling the details of significant bank account deposits and withdrawals prior to and concurrent with the alleged gambling losses. P claimed that D was lying. D was unable to testify how he spent over $200,000 between June 1998 through February 1999. D claimed that he spent a part of that money on renovations to his former marital residence. P reminded him that the property was sold in May 1998.
Issues
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Holding & Decision
The court's holding and decision will be displayed here.
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