The court based this finding on the following: (1) McCarrick enlisted Karatnjchy to obtain a
mortgage after Pepe could not obtain a commitment; (2) McCarrick was informed by letter that a 1 %
fee was expected for «services in obtaining the loan»; (3) there was no evidence of a scheme by Polonia and Karatnjchy which involved the payment of a commission for
referral of business; (4) there was no evidence that Karatnjchy was in any way
associated with Polonia; and (5) Karatnjchy performed valuable services for McCarrick by obtaining a
mortgage and title insurance.