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Complete 2012 forensic audit documents - Kansas Bioscience ...

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BKD searched for payments to these vendors by either KBA American Express card or by check<br />

and noted none. Further, BKD reviewed KBA American Express card statements and supporting<br />

documentation from December 2010 through April 2011 and noted no transactions that appeared<br />

to be wedding related.<br />

Fogo de Chao<br />

One expense in this category was brought to BKD’s attention in several staff members’<br />

interviews. On October 21, 2009, a dinner at the Fogo de Chao restaurant in the amount of<br />

$501.06 was charged by Tom Thornton on his KBA credit card. When he submitted the expense<br />

to Marsh LoScalzo for inclusion on his expense report, he reportedly told her that the expense<br />

was related to an SSTI dinner and he could not remember who all was there. Therefore, she<br />

should get the names of 12-13 people from the conference and list them as attendees. LoScalzo<br />

indicated that it made her uncomfortable, but that she completed the expense report in the<br />

manner instructed and submitted it. She indicated that it was her belief that the expense report<br />

went through the approval process as submitted. The approval process included a review and<br />

approval by KBA’s CFO/COO at the time, Jan Katterhenry, and subsequent approval by KBA’s<br />

then COB, Governor Carlin.<br />

Ms. LoScalzo later learned that the dinner was in fact a farewell dinner for Ashley Tyrrell, the<br />

Financial Executive Assistant at KBA, and was only attended by KBA staff. LoScalzo spoke to<br />

Ruth Saale, a member of the accounting staff, who raised the issue with KBA’s CFO/COO Jan<br />

Katterhenry, who was reportedly in attendance at the dinner. Ms. Saale voiced the concern that<br />

the purpose of the dinner was misstated on the expense report and during the approval process.<br />

Reportedly, Ms. Katterhenry indicated that she would take care of it. On a subsequent occasion,<br />

approximately six months later, when LoScalzo had reason to refer to that particular expense<br />

report again, she saw that the purpose of the expense had been changed to “staff dinner.” When<br />

interviewed with regard to this matter, Ms. Katterhenry indicated that when the issue was<br />

brought to her attention, she discussed it with Thornton and he agreed that it was more of a staff<br />

event, so the purpose on the expense report was changed. However, she did not recall whether<br />

the revised version of the expense report was sent through the full approval process again. When<br />

interviewed with regard to this matter, Thornton indicated that he never instructed anyone to<br />

come up with names to put down. However, he did not recall if any attendees to the conference,<br />

other than KBA staff, were in attendance. Thornton agreed that Katterhenry brought the matter<br />

to his attention and that he agreed that the description should be changed.<br />

BKD reviewed both versions of the expense report containing the Fogo de Chao charge, noting<br />

one version contains the description “SSTI State Dinner/KBA Staff and SSTI State Members”<br />

while the second version contains the description “KBA Staff Dinner.” They were both signed<br />

with what appears to be Tom Thornton’s electronic signature and Jan Katterhenry’s manual<br />

signature, with the note “checked by” next to Jan Katterhenry’s signature. Jan Katterhenry’s<br />

signature was dated November 23, 2009 on both versions. Tom Thornton’s signature bore no<br />

date in either version. An email from Governor John Carlin approving the expense report was<br />

included in the file.<br />

The Fogo de Chao receipt indicates nine “#2” Dinners for $42.50 apiece, a “#99” Bday Dessert<br />

for $0.01 and a “#71” Chocolate Molten for $8.25 were purchased, plus $39.96 for taxes and<br />

$70.34 for gratuity were charged for a total of $501.06. No list of attendees was included in<br />

113

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