In Re Mcnamara

310 B.R. 664 (2004)

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Nature of the Case

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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.