3, 2003, the first day scheduled for the Christmas show, Ellisor wrote and cashed a check to himself for an amount that was effectively the remaining balance of the University Diplomatic Trust Account, writing "presents" in the memorandum line.[5] He then purchased a Jaguar 393.[6] At about the same time, the students, teachers, and chaperones who had purchased tickets for the Christmas show were on their way by bus to the convention center. They found it locked and empty. Attempts to reach Ellisor by telephone were unsuccessful. He left a greeting for the telephone number listed for the show that stated:
This is David. I'm sorry to inform you but the show has been postponed because we didn't have enough money to buy the presents. The City of Miamireceipt of the written materials promoting the Christmas show and their interactions with Ellisor, as described in part I.A, supra. Five of the teachers also had conversations with Ellisor in which he indicated the existence of certain problems with the show, but at no time did he inform them that the show would not occur. On the contrary, Ellisor assured them that the show was "absolutely" going to go on, "even if people had to work `round the clock.'"
The Government called a special agent with the Diplomatic Security Service of the United States Department of State, who testified that there was no record of Ellisor being an Ambassador-at-Large or diplomatic liaison. No group of ambassadors was scheduled to visit Miami in the fall of 2003 for a Christmas