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THE BONFIRE
Beginning no later than December, 2002, the Level Propane post-petition management brought in under the agreement with Horizon Propane that October, began disposing of essential corporate documents. Items disposed of included insurance records, customer account files and tax records. In January, 2003, Richard Anter, as President of Level Propane, operating as Horizon Propane, authorized Natasha Brandt to remove key customer records from the Level headquarters. Throughout February and into March, 2003, massive quantities of documents were continuously shredded. On March 3, 2003, Brian Salvagni found a mass of documents in the basement of the headquarters, readied for disposal. He reported this to Steven Sues, who had BFCA conduct an investigation. In the course of that investigation, they questioned Tony Pressly, who had seen other document disposal, and advised him that he needed criminal counsel, intimating that he may be criminally liable in the circumstances.
The press began to notice this story, and began to visit the premises in March, 2003. Documents could no longer be shredded or disposed of without outsiders’ notice. Richard Anter determined that a bonfire, in the parking lot of the headquarters, would solve the disposal problem. During the first week of April, 2003, a bonfire was built of thousands of banker boxes of customer records, contracts and other corporate documents. The bonfire was set that evening and all of the papers burnt.
See links to: Kirk Beck Statement, Examiner’s Report, pp. 103 ff.
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