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The controller, who testified for nearly four hours during the fifth day of the Tilton trial, said that to do otherwise would be “misleading” to investors.

The SEC argues that not showing the .3 million difference is even more misleading.

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The regulator’s lawyers quizzed Carlos Mercado about why Patriarch recorded just .9 million of accrued interest on its March 8, 2010, balance sheet instead of the .2 million actually owed under the original loan documents. “The only difference is what was represented.” But Mercado held firm that what was recorded was proper.

SEC lawyer Mark Williams tried to demonstrate the ease of disclosing the .3 million difference as a separate item on the balance sheet by simply writing the number in one of the hearing’s exhibits. “We do not reflect on the balance sheet any amounts we don’t expect to collect,” Mercado told Tilton’s lawyer Monica Loseman during cross-examination.

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