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III. Results of Investigation

F. The Rose-Janszen Debt Dispute

2. Rose's Role in the January 1987 "Pik-Six" at Turfway Racetrack

On April 6, 1989, Tommy Gioiosa was indicted on five felony counts alleging violations of the drug and tax laws.[417] Counts four and five relate to the Pik-Six at Turfway Racetrack on January 16, 1987. [418] Those counts allege that Gioiosa falsely represented to the IRS that he was the sole winner of the $47,646 Pik-Six ticket at Turfway on that day, when in actuality someone else was the true holder of the winning ticket.[419]

According to Paul Janszen, Pete Rose owned 75% of the winning ticket, and Janszen and Gioiosa split the remaining 25%.[420] The ticket cost approximately $2,000.[421] Rose paid approximately $1,500, and Gioiosa and Janszen paid approximately $250 each for their respective shares.[422] Janszen stated that Gioiosa cashed and signed for the winning ticket so that Rose could avoid having to report his winnings.[423]

When asked whether he was a winner on the January 16, 1987 Pik-Six ticket, Rose said that he was not.[424] Rose also said Gioiosa never cashed a Pik-Six winning ticket for him.[425] Rose further testified that he did not recall ever being at Turfway Racetrack on January 16, 1987.[426]

After this testimony, Rose was shown two $10,000 checks drawn on his account, payable to cash, signed by him, dated January 16, 1987 and cashed the same day at Turfway.[427] Upon examining these checks, Rose acknowledged that they established that he was at Turfway on January 16, 1987, the date of the Pik-Six.[428] However, he further testified that the checks were "good" and "great" because they established that he did not win the January 16, 1987 Pik-Six.[429] Rose explained that if he had won the Pik-Six, he would not have cashed the two $10,000 checks because he would not have needed the funds.[430] Rose, after further questioning, agreed that the Pik-Six winnings could not have been collected until after the eighth race because the Pik-Six requires the bettor to pick the winners for the third through the eighth races.[431]

Footnotes:

417) See Exhibit 7.

418) See Exhibit 7.

419) See Exhibit 7.

420) Paul Janszen Interview, March 8, 1989, at 2. See Exhibit 69.

421) Janszen Interview, March 8, 1989, at 2.

422) Janszen Interview, March 8, 1989, at 2.

423) Janszen Interview, March 8, 1989, at 2.

424) Rose Dep. at 187.

425) Rose Dep. at 135.

426) Rose Dep. at 187.

427) Rose Dep. at 188.

428) Rose Dep. at 188.

429) Rose Dep. at 188.

430) Rose Dep. at 188-192.

431) Rose Dep. at 194-195.

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