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Table
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The
Note
When he met LeChasney, Pat’s new home
in Stone Mountain, Georgia, underwent construction. Pat’s wealth consisted
primarily of real estate assets. One asset provided a one million-dollar note
on a balance owed him for a downtown Atlanta property sale. By selling this note, Pat could easily
finance the new property while enjoying considerable savings on both
traditional financing costs and capital gains taxes. He would also enjoy
privacy in the matter. He desired privacy because political rivals had
previously used his wealth against him in their campaigning.
Time eventually ran out for capital gains tax
savings for selling the note. LeChasney, however, represented that his
"investors" would consider loaning on the note. This would still save
Swindall traditional financing costs and provide him privacy. Swindall then
agreed to meet with LeChasney and LeChasney’s investors’ representative
Mike Martinez (actually Mike Mullaney). They met on August 28, 1987 at the Marriott Marquis Hotel in downtown Atlanta. When they met, Martinez insisted on purchasing the note rather than lending
against it. That miscommunication confused Pat. He spent the following weekend
pondering the meeting. The following Monday LeChasney visited the Swindalls.
When Pat asked directly about the origin of LeChasney’s investors’
funds, LeChasney explained he represented individuals who fled South and
Central American governments. He claimed they had the full knowledge and
blessing of the State Department in seeking political asylum. He continued that
these investors feared retribution from communistic regimes; therefore, they
required their identities remain unknown.
Pat’s communications with LeChasney
usually left Pat feeling comfortable about major concerns. However,
miscommunications abounded whenever Martinez entered the scene. Time constraints eventually put
Pat in a position where he needed $150,000 to go forward on the home’s construction.
Feeling uneasy with Martinez, he asked LeChasney to forward $150,000 of
LeChasney’s own money to continue the home’s construction.
LeChasney consented. This is crucial in understanding the Pat Swindall perjury
case, for LeChasney assured Pat he drew the $150,000 check on his personal
funds (not those of his investors). Later, to a Grand Jury, LeChasney
testified to that effect. However, to a second Grand Jury, after receiving a
reduced-sentence plea bargain, LeChasney testified Pat knew the funds were not
LeChasney’s. Clearly, LeChasney perjured himself to one of the Grand
Juries.
By the time LeChasney actually issued the
$150,000 check, Pat began questioning the shrewdness of his involvement with
him. He decided not to cash the check. Instead, he instructed his secretary to
return it to LeChasney. She promptly returned it and LeChasney became a mere
part of Pat’s past. So Pat thought.
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