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Unauthorised $37,000 removed from Emerald accounts in one day, court told

David and Antoinette Bolden

A director of a company part-owned by David and Antoinette Bolden has continued to list banking transactions he claims they made without authority.Jason Bagg told Supreme Court this morning that amounts of $37,000 in one day were moved from the Emerald Capital International accounts into the Boldens' personal and business accounts.He alleged that the movements of the funds were not authorised, there were no supporting documents for them and he had not approved them.Mr Bagg is one of two Canadian directors of Emerald Capital International [ECI] who claim Mrs Bolden and her husband stole more than $300,000 from the company.He and John Wright held equal shares in ECI along with the Boldens, who were also company directors.Mr Bagg and Mr Wright say they never authorised or approved the large-scale withdrawals from ECI funds made by the Boldens.Prosecutors say the couple plundered the accounts in late 2008 and early 2009 to support their failing Emerald Financial Group companies, pay debts, and live beyond their means.They're charged with 18 counts of theft, six of money laundering and one of misleading the Bermuda Monetary Authority.They deny all the allegations and have asserted, via defence lawyer Saul Froomkin QC, that the banking transactions were legitimate payments to them.Cross-examining Mr Bagg this morning, Mr Froomkin pressed him on the procedures for authorising legitimate expenses incurred by directors on company business.“There would only be reimbursements if approved by the directors,” stated Mr Bagg.He said this would necessitate an expenses form being filled out and approved by three directors: himself, Mr Wright and Mr Bolden.He agreed with Mr Froomkin that a $2,500 travel expenses payment was made from company funds to an acting director of ECI in 2008 without documentation or an expenses form.However, he said of the payment: “We all discussed and approved it.”He also agreed there's nothing in the company by-laws stating all the directors had to approve expenses payments.“Again, that's something we decided.”Mr Froomkin pointed out there is no documentation to show approval for $7,000-per-month payments Mr Bagg received from ECI, or to show they were to be paid back eventually as he's stated in court.“It's something we discussed and agreed to before forming the company,” said Mr Bagg.Mr Froomkin put it to the witness: “Anything that's important is always done verbally and not in writing.”Mr Bagg conceded: “I do agree the corporate minutes and resolutions was a bit sloppy.”The case continues.