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8.4.5
Of greater significance than the accounting misstatements are the following
items, which are a part of the RICO Enterprise conduct of Mark Andrew Gomez and
the Other Racketeering Defendants. This RICO Enterprise conduct is as follows.
8.4.5.1
Mark Andrew Gomez made an overpayment of caretaker fees to
McIntosh Management on September 18, 1998. The overpayment was $1,500.00.
8.4.5.2
Mark Andrew Gomez made a payment of $5,535.57 for mileage
reimbursements to caretakers. Not only was another legal entity, McIntosh
Management, Inc. responsible for caretakers during this period, but also a used
Lexus had been purchased for the transportation of Gary Wayne Thompson and
his attendants. Gasoline for the Lexus was paid from the funds of Gary Wayne
Thompson, so there was no legitimate need for vehicle reimbursements from the
ward’s funds. Evidence of excessive reimbursements is found in the books and
records of McIntosh Management Company. As an example, gasoline was
purchased at local (to the Newnan area) service stations.
8.4.5.3
Based upon comparable services in this geographical area, the cost of
in-home caretakers averaged $2,500.00 a month. Monthly fees in excess of
$2,500.00 are considered misappropriated since Gary Wayne Thompson was the
only client of McIntosh Management and Robertson Management during this
period. Mark Gomez was a related party in his role as guardian for Gary Wayne
Thompson, as an officer and shareholder of McIntosh Management, and, in his
role as an officer in Robertson Management. Evidence of excessive fees is found
in the books and records of Robertson Management. Examples of waste and fraud
