The CHAIRMAN. Proceed. Mr. ADLERMAN. I show you this schedule. Did this come from your files, and does it indicate in the last column the amount that you sent abroad? The CHAIRMAN. I present you this photostatic copy. State if you identify whether it is from your files, and, if so, what it is. (The document was handed to the witness.) Mr. FISH. This was taken from the bank files. It is a list of the letters of credit that we had as collateral for this loan. The CHAIRMAN. What is shown in the right-hand column? Mr. FISH. I was told by Mr. Higgins that those figures were the amounts that had been agreed upon, that would be remitted abroad. The CHAIRMAN. Did you follow those figures in making these remittances abroad? Mr. FISH. When the proceeds of the letters of credits came back from Tampa, Mr. Higgins would come in and we would go by these figures and make up a list of what amount was to be sent and the check would be made based on these. The CHAIRMAN. In other words, the checks we previously introduced here were based upon those figures, depending upon the amount of receipts that had come in from the sales. You would make out a cashiers check for these amounts of commissions or kickbacks, whatever they are, as indicated in this right-hand column? Mr. FISH. Yes, sir. Mr. ADLERMAN. I just want to call your attention to those three checks again. Were each of these checks made out to the order of Mr. Dinh Xuan Thao, Account No. 690265 ? The CHAIRMAN. Before you answer, I will make this document which you have identified Exhibit No. 9. (Document referred to marked "Exhibit No. 9" for reference and may be found in the files of the subcommittee.) The CHAIRMAN. Now, you may proceed. Mr. FISH. Yes, sir, those checks were made out that way. Mr. ADLERMAN. At what bank? Mr. FISH. I beg your pardon? Mr. ADLERMAN. What bank? Mr. FISH. Do you mean who issued the check? Mr. ADLERMAN. They were made out to whom? Mr. FISH. To an account at the Swiss Credit Bank. The CHAIRMAN. Do you have the account number? Mr. FISH. Yes, sir. 690265. Mr. ADLERMAN. Looking at the schedule we have just put into evidence a few minutes ago, on the license or business No. 66001, the amount USFOB there is $9,450, is that correct? Mr. FISH. That is correct. Mr. ADLERMAN. The amount in the last column, the reference column, is $5,334; is that correct? Mr. FISH. That is right. Mr. ADLERMAN. That amount of $5,334, was included in each check, is that correct? Mr. FISH. I am sorry, I didn't get your question. Mr. ADLERMAN. I am saying that each amount of $5,334, relating to the figure of $9,450, was sent abroad? Mr. FISH. Yes, sir. Mr. ADLERMAN. Did you ever compute the percentage of that arrangement? Mr. FISH. No, I did not. Mr. ADLERMAN. It is more than half, isn't it? Mr. FISH. Yes, it is. Mr. ADLERMAN. Is it 56 percent? Mr. FISH. I have been told it was that. I didn't figure it at the time. Mr. ADLERMAN. Did Mr. Higgins tell you it was 56 percent? Mr. FISH. No, we didn't talk percents at all. We just doubled that dollar figure. Mr. ADLERMAN. Who told you it was 56 percent? Mr. FISH. I believe it was Mr. Duffy. The CHAIRMAN. At least it is more than 50 percent? Mr. FISH. Yes, sir. Mr. ADLERMAN. I show you a check in the amount of $10,782 and ask you to identify it. The CHAIRMAN. This is a photostatic copy. See if you identify it, please, sir. (The document was handed to the witness.) Mr. FISH. Yes, sir. The CHAIRMAN. What is it? Mr. FISH. That is another payment to the same gentleman at the Swiss Credit Bank. The CHAIRMAN. The same gentleman? Identify him. Mr. Fish. Mr. Dinh Xuan Thao. Mr. ADLERMAN. In order to save time, Senator, there are a number of letters taken from his files which show pencil notes computing the 10-percent commission and also computing of the 56-percent commission. I would like to introduce those. The CHAIRMAN. I hand you here a series of four statements, apparently, compilations, on the stationary of your bank, apparently signed by Mr. Saylor, vice president, and directed to you, with certain pencil notations thereon, one under a column entitled "10 percent," the other apparently having no identification over it. I will ask you to examine these and tell me, if you identify them, if they are from the bank files, what they represent. (The documents were handed to the witness.) The CHAIRMAN. The last check you identified may be printed in the record. Mr. FISH. These are copies of letters in our files. The figure 10 percent refers to the amount that was to be credited against the loan that we had advanced to Key Laboratory. The figure to the right is the figure in the last column, the reference column, of the previous schedule, and is the amount that was to be sent abroad. The CHAIRMAN. Is that your handwriting? Mr. FISH. Yes, it is. The CHAIRMAN. You made those computations? Mr. FISH. I made them while Mr. Higgins was sitting at my desk, yes, sir. The CHAIRMAN. You made them under his directions? Mr. FISH. Yes, sir. Mr. ADLERMAN. What was the purpose of that 10 percent commission? Was it to pay back the loan? Mr. FISH. That was to pay back the loan, yes, sir. Mr. ADLERMAN. The one to Key Laboratories? Mr. FISH. Yes, sir. The CHAIRMAN. Those may be printed in the record in proper order. (The documents referred to follow :) THE FIRST NATIONAL BANK OF TAMPA, Subject: a/c Thomas Edison Higgins Enterprises, Inc. Mr. ROBERT H. FISH, Vice President, The National Bank of St. Petersburg, Dear Mr. FisH: We enclose our check for $28,693.75 covering our negotiation of the following drawings: Letters of credit endorsed by us, are enclosed for return to the beneficiary. Yours very truly, W. L. SAYLOR, Vice President. |