{"id":"court_ctb_404_26","court":"CTB","case_no":"22-50073","doc_number":404,"sub_number":26,"doc_type":"EXHIBIT","filed_date":"2022-05-20","title":"EXHIBIT PAX 26 Transcript of Craig Jalbert Deposition","summary_zh":null,"summary_en":null,"body_en":"# **EXHIBIT PAX 26**\n\nTranscript of Craig Jalbert Deposition\n\n1 2 UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT 3 BRIDGEPORT DIVISION ------------------------------------------X 4 IN RE: 5 Chapter 11 HO WAN KWOK, 6 Case No. 22-50073(JAM) 7 Debtor. 8 ------------------------------------------X 9 10 DATE: April 8, 2022 11 TIME: 10:17 A.M. 12 13 14 VIDEO-RECORDED DEPOSITION OF CRAIG 15 JALBERT of VERDOLINO & LOWEY, P.C., in the 16 above entitled matter, at the above date 17 and time, held at the offices of O'Melveny 18 & Myers LLP, 7 Times Square, New York, New 19 York 10036, by Lenaya Lynch, a Notary 20 Public and Shorthand Reporter of the State 21 of New York. 22 23 24 25 Page 1 85\n\n\n\n| 1 | 1 |\n|-----------------------------------------------------|---------------------------------------------|\n| 2 A P P E A R A N C E S: | C. JALBERT |\n| 3 O'MELVENY & MYERS LLP | 2
York. My name is Jonathan DiFilippo |\n| Attorneys for PACIFIC ALLIANCE ASIA | 3 |\n| 4 OPPORTUNITY FUND LLP | from the firm Veritext and I am the |\n| 7 Times Square, 30th Floor | 4
videographer. The Court Reporter is |\n| 5 New York, New York 10036 | 5 |\n| BY: LAURA ARONSSON, ESQ. | Lenaya Lynch from the firm, Veritext. |\n| 6
DAVID HARBACH, ESQ.
MaKENZIE B. RUSSO, ESQ. | 6
I'm not authorized to administer an |\n| 7 | 7
oath. I'm not related to any party |\n| 8 | 8 |\n| BROWN RUDNICK LLP | in this action nor am I financially |\n| 9 Attorneys for HO WAN KWOK | 9
interested in the outcome. |\n| 7 Times Square | 10 |\n| 10 New York, New York 10036 | Counsel and all present in the |\n| BY: KENNETH J. AULET, ESQ. | 11 |\n| 11 | room and everyone attending remotely |\n| 12 | 12
will now state their appearances and |\n| PULLMAN & COMLEY LLC | 13 |\n| 13 Attorneys for CREDITOR'S COMMITTEE | affiliations for the record. If |\n| 850 Main Street | 14
there are any objections to the |\n| 14 PO Box 7006 | 15 |\n| Bridgeport, Connecticut 06601 | proceeding, please state them at the |\n| 15 BY: IRVE J. GOLDMAN, ESQ. | 16 |\n| 16 | time of your appearance beginning |\n| 17 COHN, BIRNBAUM, SHEA P.C. | 17
with the noticing attorney. |\n| Attorney for GOLDEN SPRING | 18 |\n| 18 100 Pearl Street, Suite 12 | MS. ARONSSON: Laura Aronsson, |\n| New Haven, Connecticut 06103 | 19
O'Melveny and Myers for Pacific |\n| 19 BY: TIMOTHY MILTENBERGER, ESQ. via | 20 |\n| Teleconference | Alliance Asia Opportunity Fund LP. |\n| 20 | 21 |\n| 21 | MR. HARBACH: David Harbach |\n| ALSO PRESENT: | 22
with O'Melveny and Myers for the same |\n| 22 | 23 |\n| JON DIFILIPPO, Legal Videographer | client. |\n| 23 | 24
MS. RUSSO: Makenzie Russo with |\n| 24
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25 | 25
O'Melveny and Myers for the same |\n| Page 2 | Page 4 |\n| | |\n| | |\n| 1 | 1 |\n| C. JALBERT | C. JALBERT |\n| 2 | 2 |\n| THE VIDEOGRAPHER: Good | client. |\n| 3 | 3 |\n| morning. We are going on the record | MR. AULET: Kenneth Aulet of |\n| 4 | 4 |\n| at 10:17 a.m. on April 22nd -- I'm | Brown Rudnick, proposed counsel for |\n| 5 | 5 |\n| sorry, April 8th, 2022. Please note | the debtor, Ho Wan Kwok. |\n| 6 | 6 |\n| that the microphones are sensitive | MR. GOLDMAN: Irve Goldman, |\n| 7 | 7 |\n| and may pick up whispering, private | Pullman and Comley, proposed counsel |\n| 8 | 8 |\n| conversations and cellular | for the Creditor's Committee. |\n| 9 | 9 |\n| interference. Please turn off all | THE VIDEOGRAPHER: Will the |\n| 10 | 10 |\n| cell phones or place them away from | Court Reporter please swear in the |\n| 11 | 11 |\n| the microphone as they can interfere | Witness? |\n| 12 | 12 |\n| with the deposition audio. Audio and | MR. AULET: There's one person |\n| 13 | 13 |\n| video recording will continue to take | on the line. |\n| 14 | 14 |\n| place unless all parties agree to go | MR. MILTENBERGER: Are we done |\n| 15 | 15 |\n| off the record. | with the people in person? Timothy |\n| 16 | 16 |\n| This is Media Unit 1 of the | Miltenberger for Golden Spring, NY |\n| 17 | 17 |\n| video-recorded deposition of Craig | Limited. |\n| 18 | 18 |\n| Jalbert in the matter of re: Ho Wan | THE VIDEOGRAPHER: Will the |\n| 19 | 19 |\n| Kwok filed in the United States | Court Reporter please swear in the |\n| | |\n| 20 | 20 |\n| Bankruptcy Court, District of | Witness? |\n| 21 | 21 |\n| Connecticut, Bridgeport Division, | C R A I G J A L B E R T, called as a |\n| 22 | 22 |\n| Case Number 22-50073. | witness, having been first duly sworn by a |\n| 23 | 23 |\n| This deposition is being held | Notary Public of the State of New York, was |\n| 24 | 24 |\n| at O'Melveny and Myers LLP, located | examined and testified as follows: |\n| 25 | 25 |\n| at Times Square Tower, New York, New | EXAMINATION BY |\n\nVeritext Legal Solutions 866 299-5127\n\n2 (Pages 2 - 5)\n\n85\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----------|---------------------------------------------------------------------|----------|---------------------------------------------------------------------------------|\n| 2 | MS. ARONSSON: | 2 | A.
Yes. |\n| 3 | Q.
Please state your name for the | 3 | Q.
Do you understand that means |\n| 4 | record. | 4 | that you're swearing that all of your |\n| 5 | A.
Craig Jalbert, J-A-L-B-E-R-T. | 5 | answers are truthful? |\n| 6 | Q.
What is your address? | 6 | A.
Yes. |\n| 7 | A.
Home address? The business | 7 | Q.
And that you are subject to the |\n| 8 | address is 124 Washington Street, Suite | 8 | penalty of perjury? |\n| 9 | 101, Foxboro, Massachusetts 02035. | 9 | A.
Yes. |\n| 10 | Q.
Good morning. We previously | 10 | Q.
The Videographer is recording |\n| 11 | met off the record. On the record, my name | 11 | everything on camera and the Court Reporter |\n| 12 | is Laura Aronsson and I'm an attorney at | 12 | is preparing a written record of what we |\n| 13 | O'Melveny and Myers for Pacific Alliance | 13 | discuss here today and will later produce a |\n| 14 | Asia Opportunity Fund. Mr. Jalbert, have | 14 | copy of that transcript. Do you |\n| 15 | you ever testified in court before? | 15 | understand? |\n| 16 | A.
Yes. | 16 | A.
Yes. |\n| 17 | Q.
In what case -- or I'll start | 17 | Q.
Unlike normal conversation, it |\n| 18 | how many times? | 18 | is important that we not talk over one |\n| 19 | A.
50, 60, 70 something. | 19 | another. Please wait for me to finish my |\n| 20 | MR. GOLDMAN: Before we get too | 20 | question before you answer. I'll try to do |\n| 21 | far into things, can I just ask -- | 21 | the same for you. Do you understand? |\n| 22 | this is a notice of deposition | 22 | A.
Yes. |\n| 23 | relating to what contested matter? | 23 | Q.
Your answers need to be |\n| 24 | There are a number of motions before | 24 | audible. A shake of the head is |\n| 25 | the Court. The notice of deposition | 25 | insufficient as are statements like uh-huh. |\n| | Page 6 | | Page 8 |\n| | | | |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | doesn't indicate which of the matters | 2 | Do you understand? |\n| 3 | it relates to. | 3 | A.
Understood. |\n| 4 | MS. ARONSSON: Sure. So we | 4 | Q.
If you do not understand my |\n| 5 | have -- we served a 30(b)6 notice of | 5 | question, please ask me to repeat. |\n| 6 | deposition which I'll mark as an | 6 | Otherwise, I'll assume that you do |\n| 7 | exhibit so that we're all on the same | 7 | understand the question. Is that okay? |\n| 8 | page but it relates to the retention | 8 | A.
Yes. |\n| 9 | of Verdolino and Lowey. | 9 | Q.
If you need a break, just let |\n| 10 | MR. GOLDMAN: All right. I | 10 | me know and we can take one but if there's |\n| 11 | just wasn't sure because it's not | 11 | a question pending, please answer it before |\n| 12 | identified on the notice. | 12 | we break. Are you represented by Counsel |\n| 13 | MS. ARONSSON: Thank you. | 13 | today? |\n| 14 | Q.
Sorry. You said 50 or 60 | 14 | A.
I think so. |\n| 15 | times? | 15 | Q.
Who do you understand to be |\n| 16 | A.
70, 80, I don't know. I have | 16 | representing you? |\n| 17 | not kept -- I've got a list of ten years | 17 | A.
Ken Aulet. |\n| 18 | that goes back 40 or 50 and I've been doing | 18 | Q.
If your attorney objects to a |\n| 19 | it for 30. So no idea. | 19 | question, you should still answer it unless |\n| 20 | Q.
Well, we can talk about some of | 20 | you don't understand the question or |\n| 21 | the broad categories of experience you have | 21 | Counsel instructs you not to answer. Do |\n| 22 | later but let's start just to go over a few | 22 | you understand? |\n| 23 | procedures that I'm sure you're familiar | 23 | A.
Yes. |\n| 24
25 | with. Do you understand that you're
testifying under oath today? | 24
25 | Q.
Are you suffering from any
condition that would impair your ability to |\n\nVeritext Legal Solutions 866 299-5127\n\n3 (Pages 6 - 9)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|---------------------------------------------|----|---------------------------------------------|\n| 2 | testify accurately or truthfully? | 2 | been designated to testify about each topic |\n| 3 | A.
No. | 3 | listed here? |\n| 4 | Q.
Are you taking any medications | 4 | MR. AULET: Objection. |\n| 5 | that might interfere with your ability to | 5 | A.
Yes. |\n| 6 | give accurate or truthful testimony? | 6 | MR. AULET: He's been |\n| 7 | A.
No. | 7 | designated as per our responses and |\n| 8 | Q.
Is there any reason why you | 8 | objections. |\n| 9 | cannot testify truthfully and accurately | 9 | MS. ARONSSON: Thank you. |\n| 10 | today? | 10 | Q.
Are you familiar with these |\n| 11 | A.
No. | 11 | subject areas? |\n| 12 | MS. ARONSSON: Tab one. The | 12 | A.
Yes. |\n| 13 | Court Reporter is going to be marking | 13 | Q.
Do you understand that you are |\n| 14 | what will be Jalbert Exhibit 1. | 14 | required to testify as to Verdolino and |\n| 15 | (Whereupon, Notice of | 15 | Lowey's knowledge about these topics, not |\n| 16 | Deposition was marked as Jalbert | 16 | just your own? |\n| 17 | Exhibit 1 for identification as of | 17 | A.
Yes. |\n| 18 | this date by the Reporter.) | 18 | Q.
Do you understand that you were |\n| 19 | Q.
All right, Mr. Jalbert. Do you | 19 | required to obtain all of the knowledge and |\n| 20 | recognize this document? | 20 | information necessary to allow you to fully |\n| 21 | A.
I do. | 21 | and honestly testify concerning each of |\n| 22 | Q.
What is it? | 22 | these topics upon Verdolino and Lowey's |\n| 23 | A.
Pacific Alliance Asia | 23 | behalf? |\n| 24 | Opportunity Fund LLP's Notice of Deposition | 24 | MR. AULET: Same objection as |\n| 25 | of Verdolino and Lowey PC pursuant to Rule | 25 | before. |\n| | Page 10 | | Page 12 |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | 30(b)(6) of the Federal Rules of Civil | 2 | A.
I did the best I could. |\n| 3 | Procedure. | 3 | Q.
What, if anything, did you do |\n| 4 | Q.
Is it your understanding that | 4 | to prepare for this deposition? |\n| 5 | you are testifying today in connection with | 5 | A.
I spoke with attorney Ben |\n| 6 | in re: Ho Wan Kwok? | 6 | Silverberg, with Counsel, Ken Aulet, I |\n| 7 | A.
Yes. | 7 | spoke with my colleagues, Matthew Flynn and |\n| 8 | Q.
Can you please turn to Page 6 | 8 | Mary Jo Schindler. I reviewed a |\n| 9 | -- | 9 | significant amount of documents, some filed |\n| 10 | A.
Excuse me, I just forgot to get | 10 | with the Court, some prepared internally. |\n| 11 | my glasses. | 11 | Reviewed e-mails. Covered as much as I |\n| 12 | MS. ARONSSON: Can we go off | 12 | could. |\n| 13 | the record for one minute? | 13 | Q.
Did you collect the documents |\n| 14 | THE VIDEOGRAPHER: The time is | 14 | that you prepared or were they provided to |\n| 15 | 10:24 a.m. and we are off the record. | 15 | you by Counsel? |\n| 16 | (Whereupon, an off-the-record | 16 | A.
The documents that -- are you |\n| 17 | discussion was held.) | 17 | asking for the documents that we sent to |\n| 18 | THE VIDEOGRAPHER: The time is | 18 | O'Melveny? |\n| 19 | 10:24 a.m. and we're back on the | 19 | Q.
I'm asking -- taking a step |\n| 20 | record. You may proceed. | 20 | back, just asking about your preparation |\n| 21 | Q.
Can you turn to Page 6 to the | 21 | for today's deposition. |\n| 22 | heading Rule 30(b)(6) deposition topics? | 22 | A.
I just looked at my own |\n| 23 | You see that? | 23 | documents and my own e-mails on the |\n| 24 | A.
Yes. | 24 | Verdolino and Lowey server. |\n| 25 | Q.
Do you understand that you have | 25 | Q.
Generally, what were the |\n| | Page 11 | | Page 13 |\n\n4 (Pages 10 - 13)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|---------------------------------------------|----|-------------------------------------------------|\n| 2 | subject matters of those e-mails? | 2 | Q.
Anyone else besides the people |\n| 3 | A.
It was looking at the -- all of | 3 | that we've talked about? |\n| 4 | -- not all of them. Many of my e-mails, | 4 | A.
Regarding the -- just regarding |\n| 5 | the SOFA's -- the statement of financial | 5 | the deposition? |\n| 6 | affairs -- the schedules, the global notes, | 6 | Q.
Yes. |\n| 7 | the global notes and specific notes, most | 7 | A.
No. |\n| 8 | of the pleadings to employ professionals, | 8 | Q.
You haven't spoke to the |\n| 9 | particularly ours, the motion for the DIP | 9 | debtor? |\n| 10 | financing, many of the objections, not all | 10 | A.
About the deposition? |\n| 11 | of them. I'm trying to think if there's | 11 | Q.
About the deposition. |\n| 12 | anything else. I can't think of anything | 12 | A.
No. |\n| 13 | off the top beyond that -- | 13 | Q.
Have you ever met the debtor? |\n| 14 | Q.
Thank you. That's helpful. So | 14 | A.
Yes. |\n| 15 | you mentioned that you spoke to your | 15 | Q.
When did you meet the debtor? |\n| 16 | attorneys, Ben and Ken? | 16 | A.
The continued meeting of 342 -- |\n| 17 | A.
Yes. | 17 | or 341 meeting which was I think Wednesday, |\n| 18 | Q.
When did you speak to them? | 18 | the first time I met him. |\n| 19 | A.
Well, we were delayed a little | 19 | Q.
Is that the only time you met |\n| 20 | bit so I had a few minutes this morning | 20 | the debtor? |\n| 21 | with Ken. I spoke with Ben briefly last | 21 | A.
Yes. |\n| 22 | night. Again, this morning on -- unrelated | 22 | Q.
Outside of the 341 proceeding, |\n| 23 | to the deposition and I had previously | 23 | did you interact with the debtor? |\n| 24 | spoken to Ken probably one or two times | 24 | A.
No. |\n| 25 | over the last few days, give or take. | 25 | Q.
I just want to cover a little |\n| | | | |\n| | Page 14 | | Page 16 |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Q.
Were each of these interactions | 2 | bit of your background. Can you talk about |\n| 3 | over the phone? | 3 | your educational history since high school? |\n| 4 | A.
Until today, yes. | 4 | A.
I graduated from Western |\n| 5 | Q.
About how long did you spend | 5 | Connecticut High School in 1979. I went to |\n| 6 | preparing with your attorneys in connection | 6 | Boston College. Graduated Boston College |\n| 7 | with your preparation for this deposition? | 7 | with a bachelor of science and degree in |\n| 8 | A.
I would have to hazard a guess. | 8 | accountancy in 1983. I went to work for |\n| 9 | I don't have my time records in front of | 9 | Arthur Andersen from June of '83 till |\n| 10 | me. | 10 | August 31 of '87. On September 1 of 1987, |\n| 11 | Q.
Like two hours, ten hours? | 11 | I started at the precursor of what is now |\n| 12 | A.
My guess is in the two to four | 12 | Verdolino and Lowey and I've been there in |\n| 13 | hour range. No more than that. | 13 | the 35 years since and during that time, I |\n| 14 | Q.
Did you speak to anyone else | 14 | I've gone to many, many, many professional |\n| 15 | other than the folks that you mentioned at | 15 | CPE type courses of all sorts of flavors. |\n| 16 | Verdolino and Lowey and your attorneys | 16 | Q.
What do you mean by CPE? |\n| 17 | regarding this deposition? | 17 | A.
A continuing professional |\n| 18 | A.
Our IT person, Tim McDonald who | 18 | education. |\n| 19 | assisted in the search -- the electronic | 19 | Q.
Is that a required procedure |\n| 20 | search of e-mails and records and worked | 20 | for any type of certification that you |\n| 21 | with the Brown Rudnick IT person to send | 21 | have? |\n| 22 | everything over. Aside from having him try | 22 | A.
It's -- some of it is required |\n| 23 | and get the records, we didn't have any | 23 | for my certification as a certified |\n| 24 | discussion of the case facts and | 24 | insolvency restructuring advisor. The rest |\n| 25 | circumstances or anything.
Page 15 | 25 | are just to maintain my professional
Page 17 |\n\n5 (Pages 14 - 17)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|------------------------------------------------------|----|--------------------------------------------------------|\n| 2 | capabilities and stay on top of various | 2 | responsible for this? |\n| 3 | issues as the years have gone on. | 3 | A.
Well, my partner and various |\n| 4 | Q.
So you mentioned certified | 4 | staff. |\n| 5 | insolvency instructor? | 5 | Q.
What's his name? |\n| 6 | A.
Certified insolvency | 6 | A.
Keith Lowey. |\n| 7 | restructuring advisor. CIRA. | 7 | Q.
Is that department involved in |\n| 8 | Q.
So this is a professional | 8 | this matter before us? |\n| 9 | certification? | 9 | A.
No. |\n| 10 | A.
Yes. | 10 | Q.
Is Verdolino and Lowey always |\n| 11 | Q.
Do you hold any other | 11 | engaged by the debtor in the bankruptcy |\n| 12 | professional certifications besides the | 12 | context? |\n| 13 | CIA? | 13 | A.
No. |\n| 14 | A.
CIRA, no. | 14 | Q.
What other scenarios is |\n| 15 | Q.
CIRA. I think you said you had | 15 | Verdolino and Lowey engaged under? |\n| 16 | a accountant degree from Boston College? | 16 | A.
We've been engaged by trustees, |\n| 17 | A.
Yes. | 17 | post confirmation fiduciaries, whatever |\n| 18 | Q.
Do you hold any other graduate | 18 | they may be called; you said debtors, |\n| 19 | or any graduate degrees? | 19 | creditors' committee, creditors, secured |\n| 20 | A.
No. | 20 | lenders. I think we've probably |\n| 21 | Q.
Are you currently employed at | 21 | represented, over the years, most every |\n| 22 | Verdolino and Lowey? | 22 | kind of party and interest to a bankruptcy |\n| 23 | A.
Yes. | 23 | that there is. |\n| 24 | Q.
Generally, what services does | 24 | Q.
Turning to your experience |\n| 25 | Verdolino and Lowey offer its clients? | 25 | specifically, what experience do you have |\n| | | | |\n| | Page 18 | | Page 20 |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | A.
There were three or four -- I | 2 | in Chapter 11 cases? |\n| 3 | guess four major buckets. The first and | 3 | A.
I've been in over 500 Chapter |\n| 4 | biggest is the insolvency arena, | 4 | 11 cases. We've been committee financial |\n| 5 | underperforming businesses and individuals. | 5 | advisor, committee accountants, debtor |\n| 6 | That includes litigation support and | 6 | financial advisor, debtor accountants, |\n| 7 | everything related to it. We have a | 7 | accountants on behalf of secured lenders, |\n| 8 | full-time 13 or 14 people I think it is | 8 | accountants on behalf of individual |\n| 9 | that work in taxation and we also do what | 9 | creditors. Trying to think -- I mean |\n| 10 | I'll call high net worth babysitting. We | 10 | again, we've done -- we've represented |\n| 11 | have -- and I don't do any of this work. | 11 | pretty much every constituency so over |\n| 12 | My partner and others do it but we have | 12 | time, I've done -- I've represented every |\n| 13 | very wealthy clients that don't pay their | 13 | reasonable constituency in a bankruptcy I |\n| 14 | own bills, that have multiple residences. | 14 | can remember. |\n| 15 | Everything comes to us. We act as a family | 15 | Q.
What is your title at Verdolino |\n| 16 | office for a whole -- for a number of | 16 | and Lowey? |\n| 17 | people and the last thing we do is federal | 17 | A.
Principal. |\n| 18 | election reporting for federal congress | 18 | Q.
We talked about the four |\n| 19 | people and senators and presidential. | 19 | buckets. Generally, what are your |\n| 20 | Q.
Thank you. | 20 | responsibilities with respect to Verdolino |\n| 21 | A.
Did I say we have tax | 21 | and Lowey services? |\n| 22 | department -- yes, tax department. That's | 22 | A.
Just for the most part, the |\n| 23 | the four. | 23 | first -- all of my time not spent running |\n| 24 | Q.
You mentioned the high net | 24 | my own firm is in the bankruptcy insolvency |\n| 25 | worth baby sitting. Who, at Verdolino, is
Page 19 | 25 | and the like that spreads over a little bit
Page 21 |\n\n85\n\n6 (Pages 18 - 21)\n\n\n\n| | 85 | | | |\n|----------|------------------------------------------------------------------------------|----------|---------------------------------------------------------------------|---------|\n| 1 | C. JALBERT | 1 | C. JALBERT | |\n| 2 | to taxation. I don't run the department or | 2 | generally regarding the engagement? | |\n| 3 | anything but I certainly interact and then | 3 | A.
There was a little bit with | |\n| 4 | litigation support and the like, you know, | 4 | Steven Pohl and with -- I believe it was | |\n| 5 | the types of things you would do in the | 5 | Ben Silverberg. | |\n| 6 | context of a bankruptcy. | 6 | Q.
Anyone else at Brown Rudnick? | |\n| 7 | Q.
What is meant by litigation | 7 | A.
I don't remember. | |\n| 8 | support, generally? | 8 | Q.
Besides Brown Rudnick, did you | |\n| 9 | A.
Well, it can be pretty broad | 9 | speak to anyone else regarding the | |\n| 10 | but for us, it's -- whether it be business | 10 | potential engagement? | |\n| 11 | litigation or bankruptcy litigation, to the | 11 | A.
I probably mentioned something | |\n| 12 | extent that there are areas that whoever | 12 | to my -- my own staff to clear conflicts | |\n| 13 | the law firm -- we've also been appointed | 13 | and I think I had someone help me prepare | |\n| 14 | by judges, anyone that's looking or | 14 | some -- I shouldn't say prepare, they're | |\n| 15 | interested in obtaining financial | 15 | already prepared. Send some individual | |\n| 16 | information in a form that they're looking | 16 | information about myself and the firm. | |\n| 17 | for, which could be anything, we would | 17 | Q.
Did Verdolino and Lowey speak | |\n| 18 | provide it. That would include doing | 18 | to anyone else besides Brown Rudnick in | |\n| 19 | expert reports, expert testimony and work | 19 | connection with the engagement? | |\n| 20 | at just advising lawyers as they approach | 20 | MR. AULET: Objection. You can | |\n| 21 | areas in accounting and auditing and the | 21 | answer. | |\n| 22 | like. | 22 | A.
At the time we're being | |\n| 23 | Q.
You mentioned here that you're | 23 | engaged? | |\n| 24 | a principal at Verdolino and Lowey? | 24 | Q.
Yes. | |\n| 25 | A.
Yes. | 25 | A.
No. | |\n| | Page 22 | | | Page 24 |\n| 1 | C. JALBERT | 1 | C. JALBERT | |\n| 2 | Q.
What other roles have you held? | 2 | Q.
Who are the main points of | |\n| 3 | A.
I've been a principal since I | 3 | contact between -- who are the main | |\n| 4 | started. | 4 | contacts for -- strike that. Who do you | |\n| 5 | Q.
Turning to the engagement here, | 5 | generally speak to regarding this | |\n| 6 | | | | |\n| | who contacted Verdolino and Lowey about | 6 | engagement besides internal folks at | |\n| 7 | this engagement? | 7 | Verdolino and Lowey? | |\n| 8 | A.
Well, it was contacted me | 8 | A.
Mostly the attorneys at Brown | |\n| 9 | personally and it was an attorney, Steven | 9 | Rudnick. | |\n| 10 | Pohl at Brown Rudnick. | 10 | Q.
Do you speak to anyone else? | |\n| 11 | Q.
Sorry, I missed what you said. | 11 | A.
I've been on phone calls with | |\n| 12 | MR. HARBACH: Spell that name. | 12 | other lawyers but I've not initiated | |\n| 13 | Q.
Can you spell that name, | 13 | anything. | |\n| 14 | please? | 14 | Q.
Which other lawyers have you | |\n| 15 | A.
The name was Steven Pohl. Last | 15 | been on phone calls with? | |\n| 16 | name P-O-H-L at Brown Rudnick. | 16 | A.
The other debtor lawyers that | |\n| 17 | Q.
Mr. Pohl reached out to who at | 17 | I'm aware of are an Aaron Mitchell and a | |\n| 18 | Verdolino and Lowey? | 18 | Melissa Francis. | |\n| 19 | A.
Me. | 19 | Q.
Who do you understand Aaron | |\n| 20 | Q.
You. Do you recall when that | 20 | Mitchell to be? | |\n| 21 | was? | 21 | A.
Counsel to Mr. Kwok, the | |\n| 22 | A.
Somewhere around March 1, 2 or | 22 | debtor. | |\n| 23 | 3. | 23 | Q.
You mentioned Melissa Francis? | |\n| 24
25 | Q.
After Steven Pohl reached out,
who did Verdolino and Lowey speak to | 24
25 | A.
Also counsel to Mr. Kwok.
Q.
Besides Aaron Mitchell and | |\n\nVeritext Legal Solutions 866 299-5127\n\n7 (Pages 22 - 25)\n\n\n\n| | 85 | | |\n|----------|-----------------------------------------------------------------------------|----------|---------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Melissa Francis, do you speak to anyone | 2 | Q.
So I'll just go on record to |\n| 3 | else outside of Verdolino and Lowey | 3 | say that we dispute that contention. |\n| 4 | regarding this engagement? | 4 | MR. GOLDMAN: As do we. Who |\n| 5 | A.
And outside of Brown Rudnick? | 5 | are you -- who do you fear harassment |\n| 6 | Q.
Outside of Brown Rudnick, yes. | 6 | from? Do you fear harassment from? |\n| 7 | A.
No one. | 7 | MR. AULET: So Mr. -- Golden |\n| 8 | Q.
What about -- what about do you | 8 | Spring's attorney is on the phone and |\n| 9 | communicate via e-mail with anyone besides | 9 | that question is probably best |\n| 10 | Aaron Mitchell, Melissa Francis and Brown | 10 | directed to Golden Springs but my |\n| 11 | Rudnick regarding this engagement? | 11 | understanding is that -- please, he |\n| 12 | A.
I've been on -- I've been CC'd | 12 | would like to answer. |\n| 13 | on an e-mail and authored one e-mail to | 13 | MR. MILTENBERGER: Tim |\n| 14 | someone outside that group. | 14 | Miltenberger from Golden Springs. |\n| 15 | Q.
Who is that person? | 15 | I'm assuming what the Witness is |\n| 16 | MR. AULET: Objection. This is | 16 | testifying to is the identity of a |\n| 17 | the person that we have stated their | 17 | Golden Spring employee which isn't |\n| 18 | identity won't be revealed per Golden | 18 | clear to me from the record but |\n| 19 | Springs request. | 19 | apparently the people at the |\n| 20 | MS. ARONSSON: Are you | 20 | deposition reached that conclusion. |\n| 21 | instructing the Witness not to | 21 | We don't see any relevance in |\n| 22 | answer? | 22 | revealing the name of the employees |\n| 23 | MR. AULET: I am instructing | 23 | of Golden Spring based on the |\n| 24 | him not to answer. | 24 | objection that's filed to the DIP |\n| 25 | MS. ARONSSON: Can you just | 25 | financing motion and we think that |\n| | Page 26 | | Page 28 |\n| | | | |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | state -- | 2 | the privacy rights of our employees |\n| 3 | MR. GOLDMAN: Can you repeat | 3 | are paramount to any information that |\n| 4 | the question? | 4 | might be gathered from knowing the |\n| 5 | (Whereupon, the referred-to | 5 | name of -- rank and file employees of |\n| 6 | question was read back by the | 6 | Golden Spring and we oppose |\n| 7 | Reporter.) | 7 | disclosing that information. |\n| 8 | THE WITNESS: That should have | 8 | MR. GOLDMAN: That's up to the |\n| 9 | been e-mails. I authored one but I | 9 | Judge. It's a totally inappropriate |\n| 10 | was CC'd on e-mails. | 10 | instruction to direct the Witness not |\n| 11 | Q.
I understand Mr. Aulet is | 11 | to answer. The Witness can answer |\n| 12 | instructing you not to answer. | 12 | and you can get a ruling from the |\n| 13 | MS. ARONSSON: Mr. Aulet, do | 13 | Judge as to whether the answer should |\n| 14 | you mind just providing a more | 14 | be stricken or protected or subject |\n| 15 | detailed objection? | 15 | to a protective order. It's totally |\n| 16 | MR. AULET: Sure. Based on my | 16 | inappropriate to direct the Witness |\n| 17
18 | conversations with Golden Spring, my
understanding is that Golden Spring | 17
18 | not to answer.
MS. ARONSSON: I noted our |\n| 19 | believes that revealing that | 19 | dispute with Mr. Aulet and I'll just |\n| 20 | individual's name would potentially | 20 | note our dispute with Mr. |\n| 21 | expose them to harassment and based | 21 | Miltenberger's reasoning behind the |\n| 22 | on my review of the documents at | 22 | objection here. |\n| 23 | issue, the person's identity is not | 23 | MR. MILTENBERGER: Thank you. |\n| 24 | relevant to the issues at hand in | 24 | Q.
Turning back to the folks we |\n| 25 | this deposition. | 25 | were just talking about, you mentioned |\n\n8 (Pages 26 - 29)\n\n\n\n| | 85 | | | |\n|----------|------------------------------------------------------------------------------------------|----------|---------------------------------------------|---------|\n| 1 | C. JALBERT | 1 | C. JALBERT | |\n| 2 | Melissa Francis. Did she represent to you | 2 | sure I wasn't missing anything. | |\n| 3 | that she was Mr. Kwok's counsel? | 3 | Q.
Besides the attorneys at Brown | |\n| 4 | A.
No. | 4 | Rudnick, did you circulate drafts of that | |\n| 5 | Q.
How did you learn about what | 5 | engagement letter to anyone else? | |\n| 6 | Ms. Melissa Francis -- who Mr. -- strike | 6 | A.
I don't recall anyone else | |\n| 7 | that. How did you learn who Ms. Francis' | 7 | being on it but I'm pretty sure they then | |\n| 8 | client was? | 8 | did circulate it with -- at a minimum, Ms. | |\n| 9 | A.
From Brown Rudnick. | 9 | Melissa Francis and probably Aaron Mitchell | |\n| 10 | Q.
We've talked about the folks at | 10 | as well. | |\n| 11 | Verdolino that you communicate with this | 11 | MS. ARONSSON: Tab 11. The | |\n| 12 | engagement. Do you know of anyone else | 12 | Court Reporter is going to hand you | |\n| 13 | that Verdolino and Lowey communicates with | 13 | what is being marked as Jalbert | |\n| 14 | regarding this engagement besides the folks | 14 | Exhibit 2. This document -- for the | |\n| 15 | that we've talked about? | 15 | record, this document bears the Bates | |\n| 16 | A.
I don't think there were others | 16 | Number Kwok 00001646. | |\n| 17 | but it is possible that one of my | 17 | (Whereupon, E-mail Chain was | |\n| 18 | colleagues met Flynn. Might have had | 18 | marked as Jalbert Exhibit 2 for | |\n| 19 | e-mail contact. You're aware -- because I | 19 | identification as of this date by the | |\n| 20 | think you objected to -- there's a large | 20 | Reporter.) | |\n| 21 | number of ordinary course professionals. | 21 | Q.
Before we get to the exhibit, | |\n| 22 | We needed to get information about | 22 | what is a post-petition retainer? | |\n| 23 | liabilities to them for the schedules. | 23 | A.
My understanding would be a | |\n| 24 | There might have been some information and | 24 | retainer paid to whoever, after the filing | |\n| 25 | stuff because we needed -- it's possible | 25 | of a bankruptcy, intended to be a retainer. | |\n| | Page 30 | | | Page 32 |\n| 1 | C. JALBERT | 1 | C. JALBERT | |\n| 2 | that he spoke with them but I think really | 2 | Q.
Can you please turn to Page 2 | |\n| 3 | what he did is he got all the information | 3 | of this document? Take a minute. At the | |\n| 4 | from Aaron Mitchell and Melissa Francis. I | 4 | top of Page 2, Mr. Silverberg says that | |\n| 5 | don't think he went outside of that but | 5 | there's no post-petition retainer expected. | |\n| 6 | it's possible. | 6 | Do you see that? | |\n| 7 | Q.
Do you know where Aaron | 7 | A.
Yes. | |\n| 8 | Mitchell and Melissa Francis retrieved | 8 | Q.
Do you recall whether you had a | |\n| 9 | their information from? | 9 | preference about receiving a post-petition | |\n| 10 | A.
No. | 10 | retainer? | |\n| 11 | Q.
Did you ask them where they | 11 | A.
Well, every professional would | |\n| 12 | retrieved their information from? | 12 | rather have a retainer but frankly, under | |\n| 13 | A.
No. | 13 | the circumstances, it wasn't expected. | |\n| 14 | Q.
Who negotiated -- who, from | 14 | Q.
Starting with your preference, | |\n| 15 | Verdolino and Lowey, negotiated the | 15 | why would you prefer to have a | |\n| 16 | engagement letter? | 16 | post-petition retainer? | |\n| 17 | A.
It would be me. I don't know | 17 | A.
Security against the payment of | |\n| 18 | that I would call it a negotiation but it | 18 | the fees. | |\n| 19 | was me that drafted it and prepared it and | 19 | Q.
Do you know whether you | |\n| 20 | sent it to Brown Rudnick. | 20 | received a post-petition retainer in | |\n| 21 | Q.
Anyone else involved in | 21 | connection with this case? | |\n| 22 | drafting that engagement letter? | 22 | A.
I do. | |\n| 23 | A.
Well, from a QPC perspective, | 23 | Q.
Did you? | |\n| 24
25 | I'm sure I had one of my colleagues, Mary
Jo Schindler take a look at it just to make | 24
25 | A.
No.
Q.
And why not? | |\n| | Page 31 | | | Page 33 |\n| | | | | |\n\n9 (Pages 30 - 33)\n\n85\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|-------------------------------------------------|----|--------------------------------------------------------|\n| 2 | A.
I didn't ask for one. | 2 | A.
Yep. |\n| 3 | Q.
Turning back to the e-mail, Mr. | 3 | Q.
Did you ask for a post-petition |\n| 4 | Silverberg writes, \"big Q is whether it's | 4 | retainer in connection with this |\n| 5 | us retaining you or the client. I would | 5 | engagement? |\n| 6 | think you're retained by the client as his | 6 | A.
No. |\n| 7 | financial advisor\". Do you recall that | 7 | Q.
Do you know if Verdolino and |\n| 8 | being a question in connection with this | 8 | Lowey asked for a post-petition retainer in |\n| 9 | engagement? | 9 | connection with this engagement? |\n| 10 | MR. AULET: Objection to form. | 10 | A.
I do. |\n| 11 | A.
I don't think I understand your | 11 | Q.
What's the answer? |\n| 12 | question. I can read the statement and | 12 | A.
No. |\n| 13 | understand but I don't know what you're | 13 | Q.
You also write, \"but I think if |\n| 14 | asking. | 14 | we are going to hold the cash, we will need |\n| 15 | Q.
He says, \"big Q\", do you | 15 | to be employed by the debtor\". So does |\n| 16 | understand that to be a big question? | 16 | that refresh your recollection about |\n| 17 | A.
I understand it might be a | 17 | whether it was a question about who was |\n| 18 | question in his mind. I don't know that he | 18 | retaining Verdolino and Lowey? |\n| 19 | intended it to be a question for me or for | 19 | A.
I don't think I had a question |\n| | | | |\n| 20 | himself and then he answered it. | 20 | in my mind. I just responded with a |\n| 21 | MS. ARONSSON: Makenzie, can | 21 | comment that supported his previous comment |\n| 22 | you hand me Tab 12? | 22 | where he said I would think you're retained |\n| 23 | THE VIDEOGRAPHER: Mr. Jalbert, | 23 | by the client as his financial advisor. |\n| 24 | would you mind moving the water | 24 | Q.
Generally, can you explain your |\n| 25 | bottle? It's coming up in the frame.
Page 34 | 25 | view in connection with the question
Page 36 |\n| | | | |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | I apologize. Thank you. | 2 | Mr. Silverberg poses about who was |\n| 3 | THE WITNESS: Sorry about that. | 3 | retaining Verdolino and Lowey? |\n| 4 | THE VIDEOGRAPHER: I appreciate | 4 | A.
Well, I was pretty sure when he |\n| 5 | that. | 5 | wrote I would think you're going to be |\n| 6 | MS. ARONSSON: The Court | 6 | retained by the client as his financial |\n| 7 | Reporter is going to mark what is | 7 | advisor, that's -- I made a gratuitous |\n| 8 | going to be Jalbert Exhibit 3. This | 8 | comment or not a gratuitous comment. I |\n| 9 | document is Bates stamped Kwok | 9 | made an assenting comment basically saying |\n| 10 | 00001649. | 10 | I think if we're going to hold the cash, we |\n| 11 | (Whereupon, E-mail Chain was | 11 | need to be employed by the debtor. So |\n| 12 | marked as Jalbert Exhibit 3 for | 12 | concurring with the decision or the thought |\n| 13 | identification as of this date by the | 13 | that he had. |\n| 14 | Reporter.) | 14 | Q.
What is the basis for the |\n| 15 | Q.
Please take a look at this | 15 | understanding that you just explained? |\n| 16 | document. | 16 | MR. AULET: Objection to form. |\n| 17 | A.
Okay. | 17 | A.
Of what part? |\n| 18 | Q.
You're responding to Mr. | 18 | Q.
Where, turning to your e-mail, |\n| 19 | Silverberg's e-mail that we were just | 19 | \"if we are going to hold the cash, we'll |\n| 20 | speaking about with the big Q is whether | 20 | need to be employed by the debtor\". What's |\n| 21 | it's us retaining you or the client. | 21 | the basis of that statement? |\n| 22 | A.
Okay. | 22 | A.
Well, my professional judgment. |\n| 23 | Q.
Turning to your response, you | 23 | If me, as a principal of Verdolino and |\n| 24 | note, \"I'd like a post-petition retainer if | 24 | Lowey, was going to be the signer on a |\n| 25 | possible\". Do you see that?
Page 35 | 25 | debtor in possession bank account, it would
Page 37 |\n\n10 (Pages 34 - 37)\n\n\n\n| | 85 | | |\n|----------|---------------------------------------------------------------|----------|-------------------------------------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | make all the sense in the world that that | 2 | A.
Well, frequently in matters, |\n| 3 | debtor in possession was my client. So I'm | 3 | we -- the firm gets brought in and we do |\n| 4 | concurring effectively with the | 4 | whatever work is intended on that |\n| 5 | determination that Mr. Silverberg made in | 5 | particular engagement. Frequently, it's |\n| 6 | the previous e-mail to this chain. | 6 | litigation support. If it's intended that |\n| 7 | Q.
Thank you. Just for my own | 7 | we do an investigation, the lawyer's |\n| 8 | understanding, what is the difference | 8 | thinking ahead, look, you're going to do an |\n| 9 | between being employed by the debtor versus | 9 | investigation, we think this is what we're |\n| 10 | Brown Rudnick? | 10 | going to find. Then we're going to have to |\n| 11 | A.
Well, if I was employed by | 11 | get a expert report to file with a |\n| 12 | Brown Rudnick, I'm not sure I'd go | 12 | particular court. Then we might need you |\n| 13 | through -- I'm not sure I would have to go | 13 | to go through the process of discovery |\n| 14 | through the employment process for the | 14 | including records, depositions and the like |\n| 15 | bankruptcy. Would I file a motion to be | 15 | and then we might need you to testify. In |\n| 16 | employed? I don't know. I don't know the | 16 | those particular cases, as I understand it, |\n| 17 | answer to that question. It's not | 17 | there would be privilege up to a certain |\n| 18 | something that I thought of beyond this. | 18 | point, up until the time I'm declared an |\n| 19 | So -- but if I was right and there wouldn't | 19 | expert but in other instances, we get |\n| 20 | be an opportunity to file a motion to | 20 | brought in as -- as financial advisor to |\n| 21 | employ Verdolino and Lowey on behalf of the | 21 | the attorneys. They want us to do an |\n| 22 | debtor, I don't know how we would then | 22 | investigation. They want us to uncover |\n| 23 | allow me to be a signatory on the debtor's | 23 | whatever need to be uncovered, whatever the |\n| 24 | account. | 24 | allegations are, whatever the issues are |\n| 25 | Q.
Thank you. That's helpful. | 25 | but they might be hiring another firm or |\n| | | | |\n| | Page 38 | | Page 40 |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Did you rely on Brown Rudnick in connection | 2 | individual to testify as the expert to keep |\n| 3 | with that determination of who would be | 3 | what knowledge we have as privileged. I |\n| 4 | retaining Verdolino and Lowey? | 4 | don't know that that's relevant here. |\n| 5 | MR. AULET: Objection to form. | 5 | Q.
Thank you. Turning back to |\n| 6 | A.
Well, Mr. Silverberg writes in | 6 | Exhibit 2 -- |\n| 7 | his e-mail, \"I would think you're retained | 7 | MR. MILTENBERGER: I'm sorry to |\n| 8 | by the client as his financial advisor\" and | 8 | interrupt. I'm being called away to |\n| 9 | the next e-mail, same day, when I got | 9 | another matter so I'm going to have |\n| 10 | around to it at 6:49 p.m. -- so five hours | 10 | to drop off now. The record could |\n| 11 | had elapsed -- I basically concurred with | 11 | just note that I'm leaving the |\n| 12 | his determination. Who made the decision, | 12 | deposition. |\n| 13 | I don't know. It's semantics but I think | 13 | MR. HARBACH: Thank you, Tim. |\n| 14 | it was clear from this point on, that we | 14 | You're welcome to rejoin anytime. |\n| 15 | were going to be retained by the debtor and | 15 | MR. MILTENBERGER: Will do, |\n| 16 | not Brown Rudnick. | 16 | thanks. |\n| 17 | Q.
Is Verdolino and Lowey ever | 17 | Q.
I'm interested in your e-mail |\n| 18 | retained by a law firm in connection with | 18 | at the top where you write, \"my feeling is |\n| 19
20 | bankruptcy proceedings?
A.
We're frequently retained by | 19
20 | that in an individual case, the FA\" --
financial advisor -- \"duties are markedly |\n| 21 | lawyers in proceedings. I think even | 21 | different than of an operating business |\n| 22 | including in bankruptcy proceedings for the | 22 | case\". Can you explain to me the |\n| 23 | purposes of the privilege. | 23 | difference between an individual case |\n| 24 | Q.
What do you mean by for | 24 | versus an operating business case? |\n| 25 | purposes of the privilege?
Page 39 | 25 | A.
So operating business cases
Page 41 |\n\n11 (Pages 38 - 41)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----------|--------------------------------------------------------------------------|----------|--------------------------------------------------------------------------------|\n| 2 | have their various size and shapes. They | 2 | engagement, no one informed you what needed |\n| 3 | may have affiliated entities, parents, | 3 | to be done on this case? |\n| 4 | siblings. It could be multiple debtors. | 4 | A.
Well, we had been party to |\n| 5 | They might have employees in various | 5 | numerous conversations. This is not my |\n| 6 | countries, various states. They may have | 6 | first bankruptcy. It's not my 50th |\n| 7 | payroll taxes un-filed, sales taxes | 7 | bankruptcy. It's not my 100th bankruptcy. |\n| 8 | un-filed, depending on the business, bottle | 8 | I had a fairly good idea of what the issues |\n| 9 | deposits un-filed and unkept. They | 9 | were going to be and I took the first pass. |\n| 10 | probably need a lot more work on budgeting | 10 | I don't recall whether there were changes |\n| 11 | and keeping the business operating. Does | 11 | made after that or not. |\n| 12 | it have sufficient cash, what are the 13 | 12 | Q.
Generally, what is the scope of |\n| 13 | week budgets, the one year budgets. Cash | 13 | Verdolino and Lowey's work in this case? |\n| 14 | collateral where it's -- you've got a | 14 | A.
In this case? |\n| 15 | secured creditor who is frequently -- maybe | 15 | Q.
Yes. |\n| 16 | not against the debtor but maybe not with | 16 | A.
Well, the retention papers |\n| 17 | it either. So -- so there's just -- it's a | 17 | speak for themselves. So if you want to go |\n| 18 | totally different beast. In this | 18 | line by line, put that in front of me. |\n| 19 | particular case, some individuals have | 19 | Q.
Sure. |\n| 20 | operating real estate or something like | 20 | A.
To date, we've been focused |\n| 21 | that but they rarely have an operating | 21 | on -- first, my recollection is the SOFA's |\n| 22 | business that's multi country, multi state | 22 | and the schedules pretty much |\n| 23 | with employees and all sorts of reporting | 23 | simultaneously. I mean they were due the |\n| 24 | requirements, compliance requirements. | 24 | same day, same time. So that was first. |\n| 25 | Q.
Is it fair to say the financial | 25 | Following -- immediately following that, I |\n| | Page 42 | | Page 44 |\n| | | | |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | advisor duties in connection with an | 2 | believe we worked on everybody's engagement |\n| 3 | operating business case are more | 3 | papers to get them filed in the Court and |\n| 4 | complicated than an individual case? | 4 | then -- probably while the tail end of that |\n| 5 | A.
In most, yes. | 5 | was going along, I believe my colleague, |\n| 6 | Q.
Turning away from the exhibit, | 6 | Matt Flynn, started preparing the monthly |\n| 7 | who instructed Verdolino and Lowey on the | 7 | operating report that was due for the end |\n| 8 | scope of work in this matter? | 8 | of February, sometime around March 20, 21, |\n| 9 | A.
I don't think anyone instructed | 9 | 22, somewhere around there. Trying to |\n| 10 | us. | 10 | think if we've done anything -- oh |\n| 11 | Q.
Because you drafted the | 11 | assistance in preparing for -- or |\n| 12 | engagement letter? | 12 | participation in preparing, to a small |\n| 13 | A.
I'm sure there were discussions | 13 | degree, for the debtor to attend the 341 |\n| 14 | with counsel. I don't remember the | 14 | meeting. We attended the first day 341 |\n| 15 | discussions specifically but this is not | 15 | meeting by telephone. My colleague, Matt |\n| 16 | the first time I've drafted a retention -- | 16 | Flynn and I, attended the second day of the |\n| 17 | at least part of the retention papers. | 17 | 341 hearing which was this past Wednesday |\n| 18 | Obviously, I'm not a lawyer. I don't know | 18 | on a -- how do I want to call it -- we |\n| 19 | all of that goes into retention papers but | 19 | didn't bill for our time. I went as an |\n| 20 | as to the duties, typically, I have an | 20 | observer. We knew we weren't going to be |\n| 21 | input as to what the duties are. I'm sure | 21 | participating but we wanted to be around to |\n| 22 | we took the first stab at it and in review | 22 | see what took place, meet people and then |\n| 23 | by Brown Rudnick, they might have made some | 23 | this deposition. |\n| 24
25 | changes. I don't remember how that went.
Q.
In connection with the | 24
25 | Q.
Thank you. So I think I heard
the SOFA's and schedules were the first |\n\n12 (Pages 42 - 45)\n\nPage 46 1 C. JALBERT 2 step. You talked about drafting everyone's 3 engagement papers in connection with this 4 matter. 5 A. Well, drafting our engagement 6 papers. Everyone was focusing on their own 7 and I needed help, because I'm not a 8 lawyer, on mine. 9 Q. Then you talked about Matt 10 Flynn's responsibilities in connection with 11 the monthly operating report. 12 A. Yes. 13 Q. Finally, you talked about 14 preparing for the 341 hearing and attending 15 the 341 hearings? 16 A. Meeting, yes. 17 Q. Can you describe a little bit 18 more your responsibilities in connection 19 with those 341 meetings? 20 MR. AULET: I would just 21 caution the Witness not to disclose 22 any work product or conversations 23 with attorneys. 24 A. On the first day of the 341 25 meeting, it was just thought that we should Page 47 1 C. JALBERT 2 participate because it was unclear what was 3 going to arise and they didn't know if it 4 would be something that we would need. 5 Q. Setting aside your 6 conversations with your attorneys, what -- 7 did you have any understanding about what 8 might arise during the first day of the 341 9 hearing that might require your 10 participation? 11 A. I've attended an awful lot of 12 341 meetings over my career. Anything can 13 happen at a 341 meeting because it's open 14 to every creditor and god only knows what 15 takes place. 16 Q. Did you anticipate having to 17 participate or ask questions during the 18 341? 19 A. I think we were asked to be on 20 the phone. I didn't have a participation 21 one way or another. 22 MS. ARONSSON: The Court 23 Reporter is going to hand you what is 24 being marked as Jalbert Exhibit 4. 25 (Whereupon, Debtor's Page 48 1 C. JALBERT 2 Application was marked as Jalbert 3 Exhibit 4 for identification as of 4 this date by the Reporter.) 5 MS. ARONSSON: For the record, 6 this is a document entitled Debtors 7 Application for Authorization to 8 Retain and Employ Verdolino and Lowey 9 PC as Financial Advisor. It was 10 filed in this case as Docket 90. 11 Q. Mr. Jalbert, feel free to look 12 at this document. 13 A. Is there something you're 14 trying to point me to? 15 Q. Do you recognize this document? 16 A. Yes. 17 Q. What is it? 18 A. Debtor's Application for 19 Authorization to Retain and Employ 20 Verdolino and Lowey PC as Financial 21 Advisor. 22 Q. Turning to Page 18 of the 23 document, using the page numbers at the top 24 of the page, what is this document? 25 A. Affidavit of Craig R. Jalbert Page 49 1 C. JALBERT 2 in Support of Debtor's Application for 3 Authorization to Retain and Employ 4 Verdolino and Lowey PC as Financial 5 Advisor. 6 Q. So you recognize this as your 7 affidavit you filed -- 8 A. I do. 9 Q. Turning to Page 21, the table 10 -- I'm interested in the table at the 11 bottom of the page. 12 A. Yes. 13 Q. Just stepping back I think you 14 mentioned folks at Verdolino who were 15 involved, Matt Flynn -- in this case, Matt 16 Flynn, Mary Jo Schindler and yourself. Is 17 there anyone else involved in this matter 18 at Verdolino and Lowey? 19 A. I mentioned Tim MacDonald, our 20 IT person who is only involved with -- 21 related to the deposition, the search of 22 our e-mails and the server records and 23 everything and getting it ported over to 24 Brown Rudnick to be then sent to you folks. 25 Q. Anyone else at Verdolino and\n\n> Veritext Legal Solutions 866 299-5127\n\n13 (Pages 46 - 49)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|--------------------------------------------------|----|----------------------------------------------------|\n| 2 | Lowey? | 2 | different than any other engagement. You |\n| 3 | A.
Not that I know of. | 3 | don't know what's going to happen in |\n| 4 | Q.
Turning to this table, is Matt | 4 | day-to-day and everyone responds as best |\n| 5 | Flynn also a principal? | 5 | they can, as efficiently as they can and |\n| 6 | A.
No. | 6 | whatever the issues are that are ongoing |\n| 7 | Q.
What is Matt Flynn's role? | 7 | and the crises that materialize. |\n| 8 | A.
A manager. | 8 | Q.
What about staff, what sort of |\n| 9 | Q.
Is Mindy Jo Schindler a | 9 | role do you anticipate any potential staff |\n| 10 | principal? | 10 | to play in this case? |\n| 11 | A.
No. | 11 | A.
It will depend on how it plays |\n| 12 | Q.
What is her role? | 12 | out. I don't think it's going to happen |\n| 13 | A.
Manager. | 13 | but if it did and we became -- I became the |\n| | | | |\n| 14 | Q.
So in connection with this | 14 | sole signer on the debtor in possession |\n| 15 | engagement at Verdolino and Lowey, there's | 15 | bank account, my firm would probably be -- |\n| 16 | one principal, two managers and then the IT | 16 | the bookkeepers would probably keep records |\n| 17 | person? | 17 | of the disbursements and the receipts. |\n| 18 | A.
I believe so, yes. | 18 | They would assist with reporting. I would |\n| 19 | Q.
Do you anticipate other | 19 | probably review it of course. If, at some |\n| 20 | Verdolino and Lowey employees to become | 20 | point in time, we have claim objections, I |\n| 21 | involved in this matter? | 21 | don't know what the nature of those |\n| 22 | A.
As the case progresses, | 22 | objections are going to be, I don't know |\n| 23 | assuming that we come into the case, yes. | 23 | how big and how complicated but some of our |\n| 24 | Q.
Generally, what are the duties | 24 | staff might be involved in claims. The |\n| 25 | of a principal in connection with a
Page 50 | 25 | debtor might have to file an income tax
Page 52 |\n| | | | |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | bankruptcy case like this? | 2 | return. I'll be advising them that they |\n| 3 | A.
I think of it as partner, | 3 | should file an income tax return for the |\n| 4 | director, managing director, any of those, | 4 | Estate. So we'll have tax people involved |\n| 5 | the lead person on the case from the firm. | 5 | in the preparation of the income taxes and |\n| 6 | Q.
In connection with this matter | 6 | I would have to go down the list of -- and |\n| 7 | specifically, what do you expect the | 7 | be able to predict exactly what's going to |\n| 8 | principal to be doing? | 8 | take place but we're very efficient, very |\n| 9 | A.
I assisted in preparation of | 9 | accustomed. We know all of our fees are |\n| 10 | the SOFA's and schedules, the global notes, | 10 | subject to review by every single party and |\n| 11 | the specific part of the global notes. I | 11 | interest. So we're -- we use as reasonably |\n| 12 | assisted with the monthly operating report. | 12 | low level as we can on every matter and I |\n| 13 | I participated with the first day hearings | 13 | can't predict beyond that what's going to |\n| 14 | -- excuse me, first -- not the first day | 14 | come up but that staff and bookkeepers get |\n| 15 | hearing. The first day of the 341 meeting. | 15 | used for those types of issues. |\n| 16 | Responding to inquiries from the various | 16 | Q.
Is it fair to say your answer |\n| 17 | lawyers and supporting staff on whatever | 17 | to my question about staff applies to the |\n| 18 | roles that they are working on. | 18 | bookkeepers, to the role of the |\n| 19 | Q.
What do you expect managers to | 19 | bookkeepers? |\n| 20 | do in connection with this case? | 20 | A.
No, bookkeepers and staff. |\n| 21 | A.
The same -- the same things. | 21 | Q.
So the answer that you just |\n| 22 | Maybe differing amounts, different types. | 22 | gave applies to both of those? |\n| 23 | I'm more review. Depending on what it is, | 23 | A.
You asked what they may do. |\n| 24 | they might support me. I might support | 24 | Q.
Right. |\n| 25 | them. It's like this engagement is no
Page 51 | 25 | A.
They're -- the bookkeepers
Page 53 |\n\n14 (Pages 50 - 53)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|---------------------------------------------|----|---------------------------------------------|\n| 2 | aren't going to do reporting but they're | 2 | A.
From my firm? |\n| 3 | going to maintain receipts and | 3 | Q.
Who at V&L? |\n| 4 | disbursements. A staff person would | 4 | A.
Myself, Matthew Flynn and Mary |\n| 5 | probably work on the form of the -- of a | 5 | Jo Schindler. |\n| 6 | financial statement or whatever report | 6 | Q.
Who else was involved in |\n| 7 | that's going to be issued. The staff are | 7 | preparing these filings? |\n| 8 | going to work on claims objections. Tax | 8 | A.
There might have been a |\n| 9 | professionals are going to work on tax | 9 | technical question for someone related to |\n| 10 | returns. | 10 | the best case but I can't think of anything |\n| 11 | Q.
Are you finished with your | 11 | else -- anyone else that had any -- that |\n| 12 | answer? | 12 | did work on it. |\n| 13 | A.
Yes. | 13 | Q.
Did Brown Rudnick work on the |\n| 14 | Q.
You mentioned receipts and | 14 | SOFA and schedules? |\n| 15 | disbursements. What sorts of receipts and | 15 | A.
You asked me for my firm. Of |\n| 16 | disbursements do you anticipate in this | 16 | course they worked on them, as did Melissa, |\n| 17 | case? | 17 | as did -- that's Melissa Francis. As did |\n| 18 | A.
I would imagine if things were | 18 | Aaron Mitchell. So it was clearly not all |\n| 19 | to go the way the debtor planned, there was | 19 | Verdolino and Lowey. It was -- the whole |\n| 20 | a proposed DIP financing arrangement where | 20 | team was involved in the preparation. I |\n| 21 | money will come into the Estate and then | 21 | thought you asked me -- and if I |\n| 22 | would presumably be used to pay various | 22 | misunderstood, I apologize -- you asked |\n| 23 | professionals and United States Trustee | 23 | who, at Verdolino, did and that was myself, |\n| 24 | fees and whatever other disbursements are | 24 | Matt Flynn and Mary Jo Schindler. |\n| 25 | required of the debtor as ordered by the | 25 | Q.
Thank you. Yes, I did ask |\n| | | | Page 56 |\n| | Page 54 | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Court or otherwise generally required to | 2 | Verdolino and Lowey and was then moving on. |\n| 3 | pay Chapter 11 bills as they become due. I | 3 | So you mentioned Melissa Francis, Aaron |\n| 4 | think that's it. | 4 | Mitchell, Brown Rudnick. Generally, anyone |\n| 5 | Q.
The last item is clerical. | 5 | else? |\n| 6 | What sort of duties do you anticipate a | 6 | A.
While I never spoke to them, |\n| 7 | clerical member of your team to do in this | 7 | there must have been the existence of help |\n| 8 | case? | 8 | from individuals that translated documents |\n| 9 | A.
I don't have anything that I | 9 | and words from the various professionals to |\n| 10 | have presupposed for them to do in this | 10 | the debtor and the debtor. |\n| 11 | case. | 11 | Q.
Did you communicate with the |\n| 12 | Q.
Turning back in the document to | 12 | debtor about this SOFA and schedules? |\n| 13 | the retention agreement, this is on Page | 13 | A.
No. |\n| 14 | 13. We've talked generally about the | 14 | Q.
You mentioned some translated |\n| 15 | engagement -- Verdolino and Lowey's | 15 | documents. Did you receive those |\n| 16 | engagement in this case. I want to walk | 16 | translated documents in connection with |\n| 17 | through these bullet points on the first | 17 | your work on the SOFA and schedules? |\n| 18 | page. The first one reads, \"assistance | 18 | A.
No. I don't read Mandarin. |\n| 19 | with preparation of the statement of | 19 | Q.
Did you see any translated |\n| 20 | financial affairs and the schedules and all | 20 | documents? |\n| 21 | support thereto and any amendments\". These | 21 | A.
I don't recall seeing them. |\n| 22 | have been filed, right? | 22 | MR. AULET: Objection to form. |\n| 23 | A.
Yes. | 23 | Q.
Do you know whether Golden |\n| 24 | Q.
Who was involved in preparing | 24 | Spring was involved in preparing the SOFA |\n| 25 | the SOFA and the schedules?
Page 55 | 25 | and schedules?
Page 57 |\n\n15 (Pages 54 - 57)\n\n85\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|-----------------------------------------------------|----|---------------------------------------------|\n| 2 | A.
I wouldn't know. | 2 | doing in connection with the SOFA and |\n| 3 | Q.
Do you know what Golden Spring | 3 | schedule? |\n| 4 | is? | 4 | A.
I don't know that it's |\n| 5 | A.
Yes. | 5 | anticipated but to the extent facts and |\n| 6 | Q.
What is it? | 6 | circumstances, at some point in time, |\n| 7 | A.
It's -- as I understand it -- a | 7 | require a review and possible amendment, I |\n| 8 | family office in New York City for the | 8 | think we would have to participate because |\n| 9 | debtor's son. Exactly how it's run, all | 9 | we're the ones that know Best Case and have |\n| 10 | that, I don't have any information. | 10 | that system but there's nothing |\n| 11 | Q.
Who is the debtor's son? | 11 | anticipated. It's only if that |\n| 12 | A.
I don't know his name. | 12 | materializes, we would participate. |\n| 13 | Debtor's son. | 13 | Q.
You've said -- you've mentioned |\n| 14 | Q.
Neither you nor anyone at | 14 | Best Case a couple times. What do you mean |\n| 15 | Verdolino and Lowey met with or | 15 | by that? |\n| 16 | communicated with the debtor about the SOFA | 16 | A.
It's a software that the |\n| 17 | and schedules? | 17 | industry uses. I think it's the most |\n| 18 | MR. AULET: Objection to form. | 18 | prominent software that supports the |\n| 19 | A.
Correct. | 19 | preparation of SOFA's and -- SOFA's and the |\n| 20 | Q.
Can you describe what work | 20 | schedules. I think they're used throughout |\n| 21 | Verdolino and Lowey did in preparing the | 21 | the industry by most everybody. |\n| 22 | SOFA and schedules? | 22 | Q.
So is it fair to say it's like |\n| 23 | A.
We participated with several | 23 | a TurboTax of preparing SOFA's and |\n| 24 | lengthy phone calls with various people | 24 | schedules? |\n| 25 | from Brown Rudnick, not all of whom I'm | 25 | A.
Or QuickBooks or -- you know. |\n| | Page 58 | | Page 60 |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | going to remember were on the phone and | 2 | Q.
So that software is essentially |\n| 3 | also with Melissa Francis and Aaron | 3 | garbage in, garbage out, right? |\n| 4 | Mitchell. Aaron Mitchell and Melissa | 4 | MR. AULET: Objection. |\n| 5 | Francis provided significant levels of | 5 | A.
Every software is garbage in, |\n| 6 | input of various information. Brown | 6 | garbage out. |\n| 7 | Rudnick had been involved in the case | 7 | Q.
Turning to the second bullet |\n| 8 | before we were. They already had a large | 8 | point in the retention agreement, it reads, |\n| 9 | knowledge base so we -- we talked with | 9 | \"assistance with preparation and/or review |\n| 10 | Brown Rudnick team and Melissa and Aaron on | 10 | of cash flow and related budget projections |\n| 11 | the phone and then numerous e-mails. | 11 | and including advising as to post-filing |\n| 12 | THE WITNESS: I agree. Hot. | 12 | finances\". Do you see that? |\n| 13 | MR. HARBACH: Yeah, I tried to | 13 | A.
Yes. |\n| 14 | keep out the sun. | 14 | Q.
What work has Verdolino and |\n| 15 | Q.
Did Verdolino and Lowey perform | 15 | Lowey done in connection with this line |\n| 16 | any investigation to verify information | 16 | item? |\n| 17 | obtained from Brown Rudnick, Melissa | 17 | A.
Nothing. |\n| 18 | Francis or Aaron Mitchell? | 18 | Q.
What work does Verdolino and |\n| 19 | A.
No. | 19 | Lowey anticipate doing in connection with |\n| 20 | Q.
So is it fair to say you took | 20 | this line item? |\n| 21 | their word regarding the representations | 21 | A.
Anticipate doing this if we're |\n| 22 | contained in the SOFA and the schedule? | 22 | in the case and there's a DIP. |\n| 23 | A.
That's fair. | 23 | Q.
So it includes budget |\n| 24 | Q.
Is there any outstanding work | 24 | projections. Budget projections for who? |\n| 25 | that Verdolino and Lowey will anticipate
Page 59 | 25 | A.
I imagine we will try and
Page 61 |\n\n16 (Pages 58 - 61)\n\nPage 62 1 C. JALBERT 2 establish what a budget would be for -- for 3 instance, committee counsel and its 4 financial advisors, debtor's counsel and 5 their financial advisors, the United States 6 Trustees fees. There were a number of 7 firms that were intended to be ordinary 8 course professionals and any other 9 anticipated disbursement in the case that's 10 approved in one way, shape or form by court 11 order. 12 Q. It also includes review of cash 13 flow. What cash flow? 14 A. The DIP money. 15 Q. The debtor has no income, 16 right? 17 A. To my knowledge, correct. 18 Q. Have you reviewed the debtor's 19 declaration filed in this case? 20 A. I certainly reviewed one or two 21 of the drafts of it. I don't know that I 22 saw the final or not. I don't remember. 23 Q. Are there cash flows coming in 24 from any source at the moment? 25 A. Into the Estate? Page 63 1 C. JALBERT 2 Q. Yes. 3 A. Not to my knowledge. 4 Q. Your knowledge of the debtor's 5 lack of income is based on what you've been 6 told, is that right? 7 A. Yes. 8 Q. No independent investigation in 9 connection with his income? 10 A. Correct. 11 Q. This line item also references 12 post-filing finances. What is meant by 13 that? 14 A. He filed on February 15th. 15 Whatever finances, cash receipts, cash 16 disbursements, budgeting from that day 17 forward. 18 Q. The third line item reads, 19 \"opening and maintaining the DIP account 20 and effectuating disbursements when 21 necessary and providing accounting of all 22 cash activity\". Is it your understanding 23 there's a DIP loan here? 24 A. No. 25 Q. Do you anticipate there being a Page 64 1 C. JALBERT 2 DIP loan in this case? 3 A. Hope so. 4 Q. Do you have experience with DIP 5 loans? 6 A. Yes. 7 Q. How much experience do you 8 have? 9 A. I don't know how many hundred 10 cases with DIP loans. 11 Q. What work has Verdolino and 12 Lowey done in connection with this line 13 item? 14 MR. AULET: Objection to form. 15 A. We're talking about the third 16 one, right, opening and maintaining the DIP 17 account? 18 Q. Yes. 19 A. The only thing I did, when 20 asked by Brown Rudnick if I'd be willing, 21 is I consulted with a bank that does -- 22 that's on the list of approved financial 23 institutions of the Department of Justice. 24 I checked with that bank, which I use 25 frequently in and out of bankruptcy, to Page 65 1 C. JALBERT 2 confirm that they would allow me to be a 3 signer on the DIP account and they 4 responded in yes. That's the extent of 5 which I've done on that. 6 Q. Is that Citizens Bank that 7 you're referencing? 8 A. Yes. 9 Q. Has Verdolino and Lowey been 10 involved in the negotiation of the 11 potential DIP loan? 12 A. No. 13 Q. Has Verdolino and Lowey been 14 included on any communications regarding 15 the potential DIP loan? 16 A. I don't know. 17 Q. Have you personally been 18 involved in any written or oral 19 communications regarding the DIP loan? 20 A. I don't recall any. 21 Q. Do you have an understanding as 22 to how the potential DIP loan would be 23 structured? 24 A. Well, I briefly read the DIP 25 loan at some point in time. I don't have 85\n\n> Veritext Legal Solutions 866 299-5127\n\n17 (Pages 62 - 65)\n\nPage 66 1 C. JALBERT an explicit memory of every -- of the whole thing but I know generally how DIP loans work. 5 Q. In this case, do you know how the DIP loan would potentially be structured? 8 A. I would have to be guessing at my memory. 10 Q. Who, at Verdolino and Lowey, would perform the work in connection with this line item? 13 MR. AULET: Objection to form. 14 A. Presupposing that there is a DIP loan? 16 Q. Yes. 17 A. It would -- as repeating, obviously, I would be the signatory on the account. There would be bookkeepers and staff associated with preparing the checks, preparing the reports and reporting to all the parties that be. Some -- I imagine the committee would want to know -- generally, they would like to know on a weekly or biweekly basis what receipts and Page 67 1 C. JALBERT disbursements are, major creditors might feel the same way. So whatever the -- whatever the case is, reporting requirements as they develop, we would take care of that. I don't know what they would be. Aside from the minimum requirement, the monthly operating report. 9 Q. What is Verdolino and Lowey's run rate up until this point? 11 A. What's a run rate? 12 Q. How much has Verdolino and Lowey billed to this matter? 14 A. We've billed zero so far. 15 Q. How much value does Verdolino anticipate it has already billed in this case? 18 A. Are you asking for a WIP to date? 20 Q. What is a WIP to date? 21 A. Work in process hours? 22 Q. Yes, please. 23 A. I have no idea. 24 Q. Does Verdolino and Lowey have any agreement with anyone regarding who Page 68 1 C. JALBERT will pay the fees in the event the DIP loan does not occur? 4 A. No. 5 Q. Let's turn to the next line item, \"preparation, review and analysis of monthly operating reports and/or quarterly reporting\". Do you see that? 9 A. Yes. 10 Q. You referenced earlier a monthly operating report that was recently filed in this case? 13 A. Yes. 14 Q. Is that the type of work anticipated in this-- in connection with this line item? 17 A. Well, going forward, there's going to be a lot more than a monthly operating report because there's going to be -- well, presumably, if there is a DIP and if the case continues, there's going to be receipts and disbursements and even if there aren't, the monthly operating report and the US Trustees Office requires that -- the disclosure of all estate professionals Page 69 1 C. JALBERT as they accrue throughout the case. So it didn't happen in the February one because of the scrambling of SOFA's and schedules and 341 meeting and everything else. Going forward, we're going to have to have a report on a monthly basis and a cumulative basis what everybody's fees are, what the cash in and cash out is and part of the monthly operating report calculates the fees due to the United States Trustee Program and then the monthly operating report, you typically have to also -- you attach to it insurance binders, if things expired. If they weren't usually -- usually, I put them in anyway just to avoid confusion and someone looking for it. And then complete copies of the bank statements. The United States Trustees Office also wants balance sheet and P&L and cash flow and what the accounts payable, accounts receivable and all the various -- so the first one was filed. Future ones are going to have a lot more information. 25 Q. Taking a step back, can you\n\n> Veritext Legal Solutions 866 299-5127\n\n18 (Pages 66 - 69)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|----------------------------------------------|----|---------------------------------------------|\n| 2 | just explain, generally, what a monthly | 2 | A.
The United States Trustee |\n| 3 | operating report is in a Chapter 11 | 3 | issues bills predicated on the monthly |\n| 4 | individual case? | 4 | operating report, to what the expenses that |\n| 5 | A.
It's the same or pretty close | 5 | meet the definition of a disbursement on |\n| 6 | to the same I think as the operating report | 6 | account of the U.S. Trustees form, they |\n| 7 | in a commercial case. It looked like it to | 7 | combine the three months in every calender |\n| 8 | me anyway's. But it's the standard -- | 8 | quarter. So for us, it will be the |\n| 9 | during the pendency of the case, the | 9 | February 15th, the February 28th stub |\n| 10 | operating report, that is required by the | 10 | period, plus the March 1 to March 31, that |\n| 11 | US Trustees Program, up until the case is | 11 | MOR. The sum of those 45 days will be in a |\n| 12 | dismissed, converted or confirmed. | 12 | bill from the U.S. Trustees Office and, |\n| 13 | Q.
So the procedures that you | 13 | assuming it's correct, would have to be |\n| 14 | described relating to the work on the | 14 | paid before the end of -- I believe this |\n| 15 | monthly operating report, that presupposes | 15 | month. |\n| 16 | the approval of the DIP loan and managing | 16 | Q.
So is it fair to say that |\n| 17 | of those funds. Is that right? | 17 | Verdolino and Lowey is retained to review |\n| 18 | A.
Well, the monthly operating | 18 | the quarterly report? |\n| 19 | report is going to be due irrespective of | 19 | A.
I don't know if it's listed in |\n| 20 | that. The -- the accrual of the -- of the | 20 | here specifically but certainly the monthly |\n| 21 | fees of committee counsel, us, the | 21 | operating report is the form that is the |\n| 22 | accountant advisor, the debtor, debtor | 22 | input to the United States Trustees Office |\n| 23 | committee, others, whoever might be paid by | 23 | in order to create the bill. So we know -- |\n| 24 | the Estate including th ordinary course. | 24 | and it's the fees are statutorily |\n| 25 | Even if there's not a DIP, that has to be | 25 | determined based on the level of |\n| | Page 70 | | Page 72 |\n| | | | |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | reported in the monthly operating report. | 2 | disbursements. It's very easy to double |\n| 3 | Q.
You prepared one monthly | 3 | check their work. We would do that and |\n| 4 | operating report to date? | 4 | make sure that the number is right. It's |\n| 5 | A.
In this case? | 5 | frequently wrong because sometimes they |\n| 6 | Q.
In this case, is that right? | 6 | issue the bill before the March statement |\n| 7 | A.
Yes. | 7 | actually hits. So they're estimating. |\n| 8 | Q.
Is another monthly operating | 8 | They're generally off -- not their fault -- |\n| 9 | report in progress? | 9 | in the first quarter because it's not a |\n| 10 | A.
Yes. | 10 | full quarter. They don't have a basis for |\n| 11 | Q.
Did you also prepare -- scratch | 11 | making estimates, whatever the case may be |\n| 12 | that. Did Verdolino and Lowey also prepare | 12 | but we would -- we would ensure that the |\n| 13 | the estimated monthly operating expenses | 13 | fee paid to the U.S. Trustees is |\n| 14 | contained in the schedule? | 14 | appropriate under the circumstances. |\n| 15 | A.
To what are you referring to? | 15 | Q.
Turning to the next line item, |\n| 16 | Q.
We can come back to that. | 16 | \"assistance with preparation and/or review |\n| 17 | A.
Okay. | 17 | of estate federal and state income tax |\n| 18 | Q.
Have you or Verdolino and Lowey | 18 | filings\". What work has Verdolino and |\n| 19 | prepared a quarterly report in this case? | 19 | Lowey done in connection with this line |\n| 20 | A.
The United States Trustee | 20 | item? |\n| 21 | quarterly report? | 21 | A.
Nothing. |\n| 22 | Q.
Yes. | 22 | Q.
I think you mentioned before |\n| 23 | A.
No. We don't prepare that, | 23 | that you were going to recommend the filing |\n| 24 | they do. | 24 | of income taxes. Why do you recommend that |\n| 25 | Q.
What is a quarterly report?
Page 71 | 25 | in this case?
Page 73 |\n\n19 (Pages 70 - 73)\n\n\n\n| | 85 | | |\n|----------|------------------------------------------------------------------------------------------|----------|-----------------------------------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | A.
I recommend it in every case. | 2 | legally required or not with a 505(b) |\n| 3 | So individual estate tax returns, | 3 | letter. |\n| 4 | individual estates is a separate -- | 4 | Q.
Do you anticipate that multiple |\n| 5 | completely separate and distinct entity | 5 | returns will be filed in this matter if the |\n| 6 | from the individual as opposed to in a | 6 | debtor chooses to file returns. |\n| 7 | corporate case, the corporation retains its | 7 | A.
Well, I don't know what the |\n| 8 | tax identity. You continue to file | 8 | debtor is going to do and again, it has no |\n| 9 | C-corporation returns if they're a | 9 | bearing on the Estate and no bearing on |\n| 10 | C-corporation, S Corp., partnership, | 10 | Verdolino and Lowey but the Estate will |\n| 11 | whatever the case may be and their year end | 11 | have to file -- I'll recommend that it file |\n| 12 | remains whatever their year end was | 12 | a federal return. The debtor is a resident |\n| 13 | established pre-petition. In a bankruptcy | 13 | of Connecticut so there would be a |\n| 14 | estate, the Estate is separate and distinct | 14 | Connecticut estate tax return and if, for |\n| 15 | from the individual. The individual has to | 15 | some reason, there was income from another |\n| 16 | continue to file his own individual income | 16 | state, we would file from whatever state |\n| 17 | taxes with whatever his individual income | 17 | that that income came. So I don't know |\n| 18 | that doesn't come into the Estate. In a | 18 | what it's going to be but it's at least |\n| 19 | Chapter 11 case, virtually all of the | 19 | going to be Connecticut and the IRS. |\n| 20 | debtor's income is supposed to come into | 20 | Q.
I think we covered before, it's |\n| 21 | the Estate. So there really shouldn't be a | 21 | your understanding that the debtor has no |\n| 22 | separate one but technically, there could | 22 | income in this case? |\n| 23 | be. The Estate is -- the Estate return is | 23 | A.
Correct. |\n| 24 | generally assigned to be December 31, | 24 | Q.
What work do you anticipate |\n| 25 | unless you elect otherwise. There are | 25 | Verdolino and Lowey will do in connection
Page 76 |\n| | | | |\n| | Page 74 | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | reasons to elect otherwise but the most | 2 | with an individual tax return for the |\n| 3 | important point is in order to get the -- | 3 | debtor? |\n| 4 | the relief that's in the bankruptcy code | 4 | MR. AULET: Objection to form. |\n| 5 | under Section 505b, in order to get that | 5 | A.
Well, I'd have to guess what's |\n| 6 | relief, you have to file a tax return. So | 6 | going to take place between February 15 and |\n| 7 | I recommend, even when there's no tax due, | 7 | December 31. I don't know whether there |\n| 8 | that the return gets filed in order to | 8 | will be any income or not. There's |\n| 9
10 | protect all -- everybody in the case to
make sure that there is not an issue that | 9
10 | litigation going on. There might be
settlements. I don't know whether there'll |\n| 11 | gives the various taxing authorities 60 | 11 | be income or not but if there is, there'll |\n| 12 | days from the date of filing with the | 12 | be income. From what source, I don't know |\n| 13 | 505(b) letter to elect to audit it. It's | 13 | and from where, I don't know but at a |\n| 14 | the way that the case can move forward to | 14 | minimum, there will be disbursements and in |\n| 15 | closure and not have the seven year | 15 | a bankruptcy, there's two types of expenses |\n| 16 | statute, three year statutes and the like. | 16 | from a tax perspective. There are |\n| 17 | So I recommend everyone does the 505(b). | 17 | administrative expenses like professional |\n| 18 | If they don't elect to audit it in the | 18 | fees and there are other types of expenses |\n| 19 | first 60 days, then they lose the | 19 | that are normal to an individual. Mortgage |\n| 20 | opportunity. If they select it for audit, | 20 | interest, real estate taxes, whatever the |\n| 21 | then they got another 120 days. I want -- | 21 | case may be. They are treated in different |\n| 22 | I recommend it in every single case, | 22 | ways on the tax return but one of the |\n| 23 | individual or corporation or partnership or | 23 | reasons why you would file a return is the |\n| 24
25 | LLC, that the tax returns get filed whether
they're necessary or not, whether they're | 24
25 | -- for tax purposes in a bankruptcy estate,
the fees paid to professionals are |\n\n20 (Pages 74 - 77)\n\n\n\n| | 85 | | |\n|----------|-------------------------------------------------------------------|----------|---------------------------------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | deductible and you can build them up like a | 2 | A.
I have no -- it's not my |\n| 3 | deferred tax asset. So to the extent, in | 3 | problem or interest what happens to the |\n| 4 | the future -- after we spend money on the | 4 | debtor, outside of the bankruptcy estate. |\n| 5 | case, if, in the future, there was a large | 5 | He's going to have to hire a different |\n| 6 | settlement agreement, you would be able to | 6 | accountant to deal with that. |\n| 7 | offset the previous administrative NOL's | 7 | Q.
Let's talk about the Estate. |\n| 8 | against the future income -- | 8 | A.
If the Estate has tax |\n| 9 | THE COURT REPORTER: The | 9 | transactions, as I said, I would recommend |\n| 10 | previous administrative -- | 10 | the Estate files tax returns on a timely |\n| 11 | THE WITNESS: N-O -- net | 11 | basis and it would include whatever |\n| 12 | operating losses against a future | 12 | transactional activity that is allowed |\n| 13 | receipt, which is another reason to | 13 | under the -- both the bankruptcy code and |\n| 14 | file the return. | 14 | the internal revenue code and I don't know |\n| 15 | Q.
Is it fair to say that the work | 15 | what that's going to be. |\n| 16 | that Verdolino and Lowey anticipates | 16 | Q.
Turning to the next line item, |\n| 17 | potentially doing in connection with tax | 17 | it reads, \"assistance with reviewing |\n| 18 | returns depends on whether cash is coming | 18 | reconciling, analyzing and if necessary, |\n| 19 | into the debtor or the Estate in the | 19 | objecting to proofs of claim\". What work |\n| 20 | future? | 20 | has Verdolino and Lowey performed in |\n| 21 | MR. AULET: Objection to form. | 21 | connection with this line item? |\n| 22 | A.
No. You're going to have -- | 22 | A.
None. |\n| 23 | you're going to have accrued expenses | 23 | Q.
Just generally, what does -- |\n| 24 | depending on the -- when the timing of the | 24 | what is a proof of claim? |\n| 25 | case and everything, accrued expenses can | 25 | A.
It's a form. There's a form. |\n| | Page 78 | | Page 80 |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | be deductible. So cash -- clearly, if | 2 | There's a bankruptcy form that's a proof of |\n| 3 | there were cash, that would -- that would | 3 | claim. I don't remember what the form |\n| 4 | have to be taken care of but depending on | 4 | number is but it's an opportunity for any |\n| 5 | how this case goes and the timing, it's | 5 | alleged creditor to file a claim in either |\n| 6 | entirely possible that some of the accrued | 6 | a Chapter 11 or a Chapter 7 case. They can |\n| 7 | expenses would be deductible. | 7 | file claims on a secured basis, a priority |\n| 8 | Q.
Have you seen the debtor's most | 8 | basis, an administrative basis and I'm sure |\n| 9 | recent tax returns? | 9 | there's more that I'm missing. I don't |\n| 10 | A.
I don't know that I would be | 10 | think there's a claims objection deadline |\n| 11 | able to call them most recent tax returns | 11 | but at some point in time, in a Chapter 11, |\n| 12 | but I've seen parts. I don't know if it's | 12 | there's usually a claims objection |\n| 13 | the whole thing. I don't know if I saw the | 13 | deadline. If, however, a creditor has been |\n| 14 | entire federal and the entire state but I | 14 | scheduled on Schedule D, E or F and that |\n| 15 | -- I at least saw the New York return and | 15 | number happens to be right, then the |\n| 16 | the federal version attached to the New | 16 | creditor does not have to file a claim as I |\n| 17 | York return which may or may not be the | 17 | understand it. If they disagree because |\n| 18 | entire federal return for 2019 I think and | 18 | it's owed more or less -- and rarely do |\n| 19 | 2020. | 19 | they disagree if they're owed less but if |\n| 20 | Q.
If the debtor's income is zero, | 20 | they're owed more, they're allowed to file |\n| 21 | what do you anticipate deducting from? | 21 | a proof of claim and establish what they |\n| 22 | MR. AULET: Objection. | 22 | think the amount due to them from the |\n| 23 | A.
Are we talking about the debtor | 23 | bankruptcy estate would be. |\n| 24
25 | individually or the Estate?
Q.
Let's start with the debtor. | 24
25 | Q.
Have you reviewed any of the
pending litigation claims in this matter? |\n\n21 (Pages 78 - 81)\n\n\n\n| | 85 | | |\n|----|-------------------------------------------------------|----|-----------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | A.
No. | 2 | someone to do work on a preference |\n| 3 | Q.
What experience does Verdolino | 3 | analysis. We certainly participated in |\n| 4 | and Lowey have in analyzing the likelihood | 4 | preparing that because we filed them. |\n| 5 | of success in pending litigation claims? | 5 | Q.
Do you know how many |\n| 6 | A.
Absolutely none. | 6 | pre-petition payments were disclosed in |\n| 7 | Q.
Turning to the next line item, | 7 | this case? |\n| 8 | \"assistance with reviewing debtor books and | 8 | A.
No. |\n| 9 | records for possible avoidable transactions | 9 | Q.
Does 21 sound about right? |\n| 10 | such as preference and fraudulent transfer | 10 | A.
I don't know. |\n| 11 | claims\". Do you see that? | 11 | Q.
So the line item refers to |\n| 12 | A.
Yes. | 12 | debtor books and records for possible |\n| 13 | Q.
Can you explain to me, | 13 | avoidable transactions. Have you reviewed |\n| 14 | generally, what this means? | 14 | any debtor books and records in connection |\n| 15 | A.
The bankruptcy code allows a | 15 | with this engagement? |\n| 16 | look back period. For preferences, it | 16 | A.
No. |\n| 17 | allows 90 days prior to the filing for | 17 | Q.
Has Verdolino and Lowey |\n| 18 | preference claims and I'll let lawyers | 18 | reviewed any books and records in |\n| 19 | define what that is and insiders and other | 19 | connection with this engagement? |\n| 20 | fraudulent transfers take place between | 20 | A.
No. |\n| 21 | zero days and I've heard it's -- whatever | 21 | Q.
Is it fair to say that |\n| 22 | the statute happens to be for whatever the | 22 | Verdolino and Lowey relies on the |\n| 23 | issue might be, one year, two years, four | 23 | assistance of other parties in connection |\n| 24 | years, whatever the case maybe but it's a | 24 | with this line item? |\n| 25 | search through transactions to see if any | 25 | MR. AULET: Objection to form. |\n| | Page 82 | | Page 84 |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | of them might be avoidable and recoverable | 2 | A.
Are you talking about past |\n| 3 | to the Estate. | 3 | tense or future tense? |\n| 4 | Q.
What analysis has Verdolino and | 4 | Q.
Past tense. |\n| 5 | Lowey performed in connection with this | 5 | A.
We relied on other individuals |\n| 6 | line item? | 6 | for everything that we did from an |\n| 7 | MR. AULET: I would caution the | 7 | information perspective. |\n| 8 | Witness to the extent that there is | 8 | MR. AULET: We've been going |\n| 9 | anything, not to disclose any | 9 | for awhile so if you need a break -- |\n| 10 | specifics. | 10 | THE WITNESS: No, let's get the |\n| 11 | MS. ARONSSON: Sorry, what do | 11 | -- let's do it all at once. I would |\n| 12 | you mean? | 12 | like to get out of here before |\n| 13 | MR. AULET: That if he has done | 13 | tonight. |\n| 14 | any work, it would be covered by the | 14 | MR. GOLDMAN: We are going to |\n| 15 | work/product privilege. Not to | 15 | break at 12. |\n| 16 | disclose those specifics. | 16 | MR. HARBACH: Yes, sir. |\n| 17 | Q.
Setting aside the work/product | 17 | Q.
Okay, turning to the next line |\n| 18 | protection that Brown Rudnick is alleging | 18 | item, \"assistance with any necessary |\n| 19 | in connection with this line item, can you | 19 | litigation support\". I think we covered |\n| 20 | answer the question? | 20 | this previously. Do you have anything to |\n| 21 | A.
Well, one of the questions in | 21 | add about potential services in connection |\n| 22 | the SOFA's is payments made in the 90 days | 22 | with this line item that we haven't already
discussed? |\n| 23 | | | |\n| | prior to bankruptcy. I don't know if | 23 | |\n| 24 | that's necessarily a surprise to anybody | 24 | A.
Not that I can remember. |\n| 25 | but that is usually the starting place for
Page 83 | 25 | Q.
Has Verdolino and Lowey done
Page 85 |\n\n22 (Pages 82 - 85)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|-------------------------------------------------------|----|-----------------------------------------------|\n| 2 | any work in connection with this line item | 2 | assets is on liquidated litigation claims? |\n| 3 | to this date? | 3 | MR. AULET: Objection to form. |\n| 4 | A.
In this case, no. | 4 | A.
If we did, it would be awfully |\n| 5 | Q.
The next -- turning to the next | 5 | small. |\n| 6 | line item is \"assistance with plan | 6 | Q.
Understood. Are you aware of |\n| 7 | development and preparation including | 7 | any draft plans currently being circulated? |\n| 8 | feasibility\". What does this mean? | 8 | MR. AULET: Objection. He's |\n| 9 | A.
Well, in order to have a | 9 | already testified that he hasn't |\n| 10 | successful Chapter 11, you have to confirm | 10 | performed any work on this. So I |\n| 11 | a plan of reorganization or whatever the | 11 | don't see what the relevance is to |\n| 12 | title will be when it's prepared and | 12 | V&L's retention. |\n| 13 | created. It might even be a joint plan for | 13 | MS. ARONSSON: Sure. I'm |\n| 14 | all I know. In those plans, there | 14 | curious though about ongoing work in |\n| 15 | typically is some budgeting because | 15 | connection with this line item. |\n| 16 | sometimes payments to creditors are paid | 16 | MR. AULET: He can answer if |\n| 17 | out over time. We might assist in | 17 | he's doing any current work with it. |\n| 18 | preparing the cash flow projections of | 18 | A.
None. |\n| 19 | receipts and disbursements for some future | 19 | Q.
Turning to -- turning to the |\n| 20 | time period and my -- I'm not a lawyer but | 20 | next line item on the next page, it reads, |\n| 21 | as I understand it, in order to confirm a | 21 | \"general consulting and assistance with any |\n| 22 | Chapter 11, you must prove that the | 22 | other matters and tasks that may arise and |\n| 23 | creditors are getting a better return from | 23 | as may be directed by you or the debtor\". |\n| 24 | the Chapter 11 plan than they would have in | 24 | Is it fair to say this is kind of a |\n| 25 | a Chapter 7 case and that usually requires | 25 | catch-all? |\n| | Page 86 | | Page 88 |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | that you -- well, you're going to have | 2 | A.
Yes. It's a catch-all with the |\n| 3 | feasibility and you're going to have -- | 3 | caveat -- this is not my first rodeo -- if, |\n| 4 | what's the other one -- term is slipping my | 4 | for some reason, there's a discreet task |\n| 5 | mind -- I can't remember it but it didn't | 5 | that is going to be required that will be |\n| 6 | list it anyway's. | 6 | comprehensive and costly, we would file a |\n| 7 | Q.
The line item says feasibility | 7 | motion to amend our employment, what would |\n| 8 | and I think you mentioned that as well. | 8 | be covered by the employment but as to -- |\n| 9 | What does feasibility mean? | 9 | you know, for instance, sometimes they get |\n| 10 | A.
You -- the projections is | 10 | a notice from the IRS that requires 15 |\n| 11 | usually the evidence with which to allow | 11 | minutes for someone to respond to. I know |\n| 12 | the Court and other parties in interest to | 12 | little -- little cats and dogs that happen |\n| 13 | determine what the future cash flows will | 13 | that don't happen to fit into something |\n| 14 | be and make their own decision based on | 14 | else, it's a catch-all for the minutiae. |\n| 15 | that as to whether the debtor's plan is | 15 | Not intended to be a catch-all for major |\n| 16 | financially feasible and the Judge | 16 | line items and that's only to protect me. |\n| 17 | obviously has the final determination but | 17 | Q.
Understood. What work or |\n| 18 | usually everyone puts their two cents in. | 18 | analysis has Verdolino performed in |\n| 19 | Q.
What analysis has Verdolino and | 19 | connection with this line item, if any? |\n| 20 | Lowey done to date in connection with this | 20 | A.
None that I know of. |\n| 21 | line item? | 21 | Q.
Are you familiar with a company |\n| 22 | A.
None. | 22 | called Stretto? |\n| 23 | Q.
Would Verdolino and Lowey have | 23 | A.
Yes. |\n| 24 | a function in developing a plan if the | 24 | Q.
What do they do? |\n| 25 | debtor's estate's only source of income or
Page 87 | 25 | A.
I don't know everything that
Page 89 |\n\n23 (Pages 86 - 89)\n\n\n\n| | 85 | | |\n|----------|----------------------------------------------------|----------|-----------------------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | they do but they do claims agent work and | 2 | MR. AULET: Objection to form. |\n| 3 | other bankruptcy-related work. I don't | 3 | A.
Yes. |\n| 4 | know what their list of services are. I've | 4 | Q.
You mentioned before that you |\n| 5 | hired them myself in cases. I think | 5 | have worked with Stretto in the past? |\n| 6 | they're still working for me on a case or | 6 | A.
Well, they're in the same -- |\n| 7 | two right now in a limited basis. | 7 | some of the same -- well, a couple. One or |\n| 8 | Q.
Are you aware that Stretto was | 8 | two of the same cases that we're in. |\n| 9 | involved in this matter? | 9 | Q.
Do you have an understanding as |\n| 10 | A.
I'm aware that there's a motion | 10 | to whether Stretto could open and maintain |\n| 11 | to employ them, yes. | 11 | a DIP account? |\n| 12 | Q.
Generally, what is your | 12 | A.
No. |\n| 13 | understanding of the scope of work that | 13 | Q.
Do you have an understanding |\n| 14 | Stretto would potentially be employed to | 14 | about whether Stretto could monitor |\n| 15 | do? | 15 | disbursements in connection with a DIP |\n| 16 | A.
I have not read their motion to | 16 | account? |\n| 17 | employ. No idea what their -- | 17 | A.
No. |\n| 18 | MS. ARONSSON: Let's go off the | 18 | Q.
Turning to the books and |\n| 19 | record. Thank you. | 19 | records line item, the seventh bullet |\n| 20 | THE VIDEOGRAPHER: The time is | 20 | point, I'm going to ask you to assume that |\n| 21 | 11:53 a.m. and we are off the record. | 21 | there are 21 professional service providers |\n| 22 | (Whereupon, a brief recess was | 22 | who have received a pre-petition payment in |\n| 23 | taken.) | 23 | the 90 days before filing. I'm also going |\n| 24 | THE VIDEOGRAPHER: The time | 24 | to ask you to assume that Stretto can |\n| 25 | period is 12:22 p.m. We're back on | 25 | provide analysis with respect to those |\n| | Page 90 | | Page 92 |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | the record. | 2 | payments. Why is it necessary for |\n| 3 | Q.
Just wrapping up the questions | 3 | Verdolino and Lowey to perform these |\n| 4 | related to Exhibit 4. Turning back to the | 4 | duties? |\n| 5 | line item about opening and maintaining the | 5 | MR. AULET: Objection to form. |\n| 6 | DIP account, would you agree that a bank or | 6 | It calls for speculation. |\n| 7 | an escrow agent could open and maintain a | 7 | A.
Most everybody that has half a |\n| 8 | DIP account? | 8 | brain can do that. It's not going to be |\n| 9 | MR. AULET: Objection to form. | 9 | done by me. |\n| 10 | A.
I don't have any knowledge of | 10 | MS. ARONSSON: The Court |\n| 11 | why they couldn't but I'm certainly not an | 11 | Reporter is going to hand you what is |\n| 12 | expert. | 12 | being marked as Jalbert Exhibit 5. |\n| 13 | Q.
What about monitoring | 13 | (Whereupon, Official Form |\n| 14 | disbursements and effectuating | 14 | 106Sum was marked as Jalbert Exhibit |\n| 15 | disbursements? | 15 | 5 for identification as of this date |\n| 16 | A.
The bank doing it? | 16 | by the Reporter.) |\n| 17
18 | Q.
Yes.
A.
I don't think the bank's going | 17
18 | MS. ARONSSON: I'll say for the
record, this is a document that has |\n| 19 | to do it. | 19 | been filed as Docket Number 78 in |\n| 20 | Q.
Or an escrow agent. | 20 | this case. |\n| 21 | A.
An escrow agent would have more | 21 | Q.
Do you recognize this document, |\n| 22 | obligation, whatever the escrow agreement | 22 | Mr. Jalbert? |\n| 23 | says. I don't -- | 23 | A.
Yes. |\n| 24 | Q.
But an escrow agent could be | 24 | Q.
What is it? |\n| 25 | employed to perform those duties?
Page 91 | 25 | A.
The first page is the official
Page 93 |\n\n24 (Pages 90 - 93)\n\n\n\n| | 85 | | |\n|----------|----------------------------------------------------------|----------|-------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | form 106Sum which is the summary of assets | 2 | Q.
Item 58 refers to Line 36? |\n| 3 | and liabilities and certain statistical | 3 | A.
Okay. |\n| 4 | information for the debtor, Ho Wan Kwok. | 4 | Q.
So 36, just up the page, the |\n| 5 | Q.
I think we've discussed earlier | 5 | total amount here is 3,850 dollars. Do you |\n| 6 | that Verdolino and Lowey had a role in | 6 | see that? |\n| 7 | preparing the SOFA and schedule. Is that | 7 | A.
Yes. |\n| 8 | right? | 8 | Q.
So 36 wraps up into one number. |\n| 9 | A.
Yes. | 9 | Part 4 of this filing, is that fair? |\n| 10 | Q.
Verdolino and Lowey had a role | 10 | MR. AULET: Objection to form. |\n| 11 | in preparing this document? | 11 | A.
Well, when you mean this |\n| 12 | A.
Yes. | 12 | filing, are you talking about Part 4 of |\n| 13 | Q.
I just want to walk through | 13 | Schedule A/B. |\n| 14 | this at a high level. The first line item | 14 | Q.
I am, yes. Thank you for the |\n| 15 | is -- item one relates to property. What | 15 | clarification. |\n| 16 | does this line item include? | 16 | A.
I would agree that Line 36 is |\n| 17 | A.
What specific -- A, B or C or | 17 | the sum of Part 4 which starts at question |\n| 18 | all of them? | 18 | 16. |\n| 19 | Q.
Sorry, fair question. 1A. | 19 | Q.
What analysis, if any, did |\n| 20 | A.
Well, it reads \"Schedule A/B | 20 | Verdolino and Lowey perform in connection |\n| 21 | Property official form 106A/B\", question or | 21 | with these line items? |\n| 22 | 1A, \"copy Line 55. Total real estate from | 22 | A.
Whatever we did, we did working |\n| 23 | schedule A/B\". | 23 | with the lawyers. |\n| 24 | Q.
Thank you. And it reads zero? | 24 | Q.
I'm going to ask you to turn to |\n| 25 | A.
Correct. | 25 | Page 3 of the document. |\n| | Page 94 | | Page 96 |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Q.
What analysis, if any, did | 2 | MR. AULET: Just for |\n| 3 | Verdolino and Lowey do to prepare this line | 3 | clarification, every time you're |\n| 4 | item? | 4 | refer to Page 3, you're referring to |\n| 5 | A.
I worked with the lawyers. | 5 | the top numbers? |\n| 6 | Q.
Did you do any independent | 6 | MS. ARONSSON: Yes. I'm |\n| 7 | investigation with respect to the line item | 7 | referring to the docket numbering at |\n| 8 | 1A? | 8 | the top. Page 3 of 23. |\n| 9 | MR. AULET: Objection to form. | 9 | Q.
Starting with Part 1 here, did |\n| 10 | A.
No. | 10 | Verdolino and Lowey perform any work in |\n| 11 | Q.
Turning to 1B, this reads, | 11 | connection with this line item? |\n| 12 | \"total personal property from Schedule A/B\" | 12 | A.
If we did, we did with counsel. |\n| 13 | and I think this refers us to Line 36? | 13 | Q.
In Part 2, Item 3 and 4 |\n| 14 | A.
I would have thought it related | 14 | referring to cars, vans, trucks, etcetera, |\n| 15 | to Line 62. | 15 | watercraft, aircraft, did Verdolino and |\n| 16 | Q.
It does and then 62. Sorry -- | 16 | Lowey perform any work in connection with |\n| 17 | so 62 refers back to 56 to 61. Do you see | 17 | this section? |\n| 18 | that, that's on Page 7 of the PDF? | 18 | A.
All with counsel. |\n| 19 | A.
Lines 56 to 61, is that what | 19 | Q.
So it's fair to say, when you |\n| 20 | you're referring to? | 20 | say you performed work with counsel, you |\n| 21 | Q.
That's right. | 21 | didn't perform any independent |\n| 22 | A.
Yep. | 22 | investigation? |\n| 23
24 | Q.
The only item populated in 55
to 61 is Item 58? | 23
24 | A.
Correct.
Q.
Part 3, Items 6 through Items |\n| 25 | A.
Correct. | 25 | 15 refer to personal and household items, |\n\nVeritext Legal Solutions 866 299-5127\n\n25 (Pages 94 - 97)\n\n85\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----------|-------------------------------------------------------------------------------|----------|---------------------------------------------------------------|\n| 2 | is that right? | 2 | EXAMINATION BY |\n| 3 | A.
Yes. | 3 | MR. HARBACH: |\n| 4 | Q.
Without walking through each of | 4 | Q.
For the record, this is David |\n| 5 | these, did you perform -- did Verdolino and | 5 | Harbach at O'Melveny, also representing |\n| 6 | Lowey perform any work in connection with | 6 | Pax. I just have a few questions. Sir, I |\n| 7 | Items 6 through 14? | 7 | believe you mentioned earlier that you or |\n| 8 | A.
Nothing -- not with the | 8 | Verdolino and Lowey were involved in |\n| 9 | attorneys. | 9 | helping to prepare the notes for the |\n| 10 | Q.
Just to be clear about your | 10 | schedules that were filed? Have I got that |\n| 11 | role, were you provided information from | 11 | right? |\n| 12 | counsel and you were responsible for | 12 | A.
The specific part of the |\n| 13 | drafting this form or did you rely on | 13 | notes -- |\n| 14 | counsel to draft this form? | 14 | Q.
Yes, sir. The specific notes. |\n| 15 | MR. AULET: Objection to form. | 15 | A.
Not the general -- |\n| 16 | A.
We keypunched into the forms | 16 | Q.
Understood. |\n| 17 | after consultation obviously. | 17 | A.
Yes, I worked with counsel on |\n| 18 | Q.
Did you do anything besides | 18 | that. |\n| 19 | keypunch into the form? | 19 | Q.
The specific notes are -- |\n| 20 | A.
We discussed matters with the | 20 | appear at Document Number 77 on the docket |\n| 21 | attorneys. | 21 | and I don't have an extra copy for you but |\n| 22 | Q.
I'm asking in connection with | 22 | I hope you'll agree that it won't be |\n| 23 | filing the schedule and the SOFA, when you | 23 | necessary. When it comes to questions |\n| 24 | say you communicated with the attorneys, | 24 | about things like electronics and household |\n| 25 | you're talking about Brown Rudnick? | 25 | goods and furnishings, which my colleague |\n| | Page 98 | | Page 100 |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | A.
And Melissa Francis and Aaron | 2 | was just asking you about, the specific |\n| 3 | Mitchell. | 3 | notes state, for example, \"numerous items |\n| 4 | Q.
Did you communicate or did | 4 | fitting the personal and household |\n| 5 | Verdolino and Lowey communicate with anyone | 5 | definition are located at the residence and |\n| 6 | else besides the attorneys at Brown | 6 | the apartment\" and then it goes onto say, |\n| 7 | Rudnick, Melissa Francis and Aaron | 7 | \"except as otherwise set forth herein, the |\n| 8 | Mitchell? | 8 | debtor has no legal title to the contents |\n| 9 | A.
No. | 9 | of either the residence or the apartment |\n| 10 | Q.
Were you provided any facts or | 10 | and no court has made any determination |\n| 11 | information from any party when punching in | 11 | that the debtor has any other interests in |\n| 12 | these line items? | 12 | any such items\". My question for you is |\n| 13 | A.
We were informed by facts, lots | 13 | was Verdolino and Lowey at all involved in |\n| 14 | of them from the attorneys and lots of | 14 | making the assessment of whether any of |\n| 15 | discussion. | 15 | these household items belonged to the |\n| 16 | Q.
Was it -- scratch that. The | 16 | debtor? |\n| 17
18 | information you received, was it oral?
A.
Some was oral and some was in | 17
18 | MR. AULET: I just lodge an
objection to asking him about a |\n| 19 | e-mails, I believe, from counsel. | 19 | document that you're not showing him. |\n| 20 | MR. HARBACH: Do you mind if I | 20 | You can answer if you can. |\n| 21 | ask a couple questions? | 21 | A.
To be clear, are you asking me |\n| 22 | MS. ARONSSON: Sure. | 22 | if I investigated whether the spatulas and |\n| 23 | MR. AULET: I don't have any | 23 | the pots and pans existed and who bought |\n| 24 | objection. | 24 | them and how much they were and are they at |\n| 25 | MR. HARBACH: Thank you.
Page 99 | 25 | the house?
Page 101 |\n\n26 (Pages 98 - 101)\n\nPage 102 1 C. JALBERT 2 Q. All I'm asking is whether Verdolino and Lowey had any role in making the judgment call over whether the household items at the residence or the apartment belonged to Mr. Kwok or was that something that was left to the lawyers? 8 MR. AULET: Objection to form. 9 A. We did no investigation. I had no personal knowledge not told to me by Aaron Mitchell, Melissa Francis and Brown Rudnick about the ownership of those. So it wasn't my decision and I didn't investigate but I certainly was party to the conversations regarding that. 16 Q. During those conversations, if one of those people, a lawyer at Brown Rudnick or Melissa -- whose last name I forget -- 20 A. Francis. 21 Q. Francis, thank you. Represented to you that those items do not belong to Mr. Kwok, you just accepted that at face value? 25 A. Correct. Page 103 1 C. JALBERT 2 MR. HARBACH: Okay, thank you. 3 Thank you, Laura. CONTINUED EXAMINATION BY MS. ARONSSON: 6 Q. This is Laura Aronsson from O'Melveny. Just turning back to what we were talking about in connection with the schedule. I think David covered this. So when drafting this, how did you decide whether an item like the iPhone referenced in Line Item 7 or the clothes referenced in Line Item 11 or the family dog referenced Item 13 belonged to Kwok as opposed to another person or entity? 16 A. I was informed by either Melissa Francis or Aaron Mitchell or they informed Brown Rudnick and Brown Rudnick informed us. 20 Q. Is it fair to say that that chain of events that you just described applies to all of the items identified in this schedule? 24 MR. AULET: Objection to form. 25 A. I don't know -- we better go Page 104 1 C. JALBERT item by item if that's what you want to do. I don't know what you're referring to. You know, you got specific lines you're talking about? 6 Q. Sure, that's fair. So in connection with any of the assets identified in the schedule as belonging to Mr. Kwok, you solely relied on the chain of events you previously described, Brown Rudnick received information from Melissa Francis and Aaron Mitchell? 13 MR. AULET: Objection to form. 14 A. No, that's not what I said. I said we heard directly from Melissa Francis or Aaron Mitchell or they informed Brown Rudnick and Brown Rudnick told me that they -- what the answer was from them. There was no one way of communicating. It was fluid situation. We had a very short time to do them but it was not one way or the other. It was, as I said, either and many times the e-mails were with all the attorneys on the e-mail or it was a phone call with a lot of parties and I don't Page 105 1 C. JALBERT remember all of the parties but the source of the information was for us, first, Aaron Mitchell and Melissa Francis in no particular order. Now I don't remember who knew more about what than the other or if they passed information onto Brown Rudnick, who then passed it onto us. Obviously, after they did whatever legal analysis they wanted to do. 11 Q. In preparing these documents, did you ask for any information from Brown Rudnick or Aaron Mitchell or Melissa Francis that you were not given? 15 A. I don't remember asking a question they didn't answer but I didn't investigate anything. 18 Q. I want to turn to Page 16 of this document. So at the bottom of the page, to direct your attention there, Part 2 reads, \"estimate your ongoing monthly expenses\". Were you involved in drafting this section? 24 A. Yes. 25 Q. What was your role -- or\n\n27 (Pages 102 - 105)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|------------------------------------------------|----|---------------------------------------------|\n| 2 | scratch that. What was Verdolino and | 2 | operating report is a different report and |\n| 3 | Lowey's role in connection with this | 3 | that's a completely different question than |\n| 4 | section? | 4 | what's on here. |\n| 5 | A.
We had discussions with the | 5 | Q.
Can you explain to me the |\n| 6 | legal team, which is Brown Rudnick team | 6 | difference? |\n| 7 | plus Aaron Mitchell, plus Melissa Francis, | 7 | A.
And I don't remember what |\n| 8 | probably more than one time, probably | 8 | question it is, is it like 4 or 5 or 6E or |\n| 9 | orally, probably in e-mail and it was a | 9 | whatever it is, the request is to report |\n| 10 | discussion. | 10 | the expenses paid by others on the debtor's |\n| 11 | Q.
Turning to the next page, the | 11 | behalf. That's not what this asks. So in |\n| 12 | estimated monthly operating expenses reads | 12 | the schedule, we listed some funds and we |\n| 13 | zero. Is that fair? | 13 | will, going forward, be listing and |\n| 14 | A.
Yes. | 14 | reporting, as required by the MOR, the |\n| 15 | Q.
Did you anticipate the debtor's | 15 | expenses paid by others on behalf of the |\n| 16 | monthly operating expenses to remain zero | 16 | debtor which is again different from what |\n| 17 | after this point? | 17 | this asks. |\n| 18 | MR. AULET: Objection to form. | 18 | Q.
Focusing on what this asks, |\n| 19 | A.
It certainly was discussed with | 19 | it's your understanding that the debtor's |\n| 20 | the attorneys. I don't think it's a | 20 | ongoing monthly expenses is zero? |\n| 21 | secret. There was lots of discussion | 21 | MR. AULET: Objection to form. |\n| 22 | yesterday. So my expectation is yes, as to | 22 | A.
The debtor's payment of the |\n| 23 | his expenses, his payment of his expenses | 23 | ongoing expenses is zero. |\n| 24 | is going to remain I think zero. | 24 | Q.
You did no investigation into |\n| 25 | Q.
I think you said his -- his | 25 | whether that is correct? |\n| | | | Page 108 |\n| | Page 106 | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | expenses. In your view, what does his | 2 | A.
Correct. |\n| 3 | expenses cover? | 3 | Q.
Turning just to the Excel |\n| 4 | A.
There's a whole list of them | 4 | sheets at the end of this document, |\n| 5 | here. You want to go down them? It looks | 5 | starting just broadly, was Verdolino and |\n| 6 | like about 30 of them. Real estate taxes, | 6 | Lowey involved in preparing these |\n| 7 | property and homeowners and renters' | 7 | documents? |\n| 8 | insurance, home maintenance repair and | 8 | A.
Well, we were certainly |\n| 9 | upkeep expenses, home ownership association | 9 | involved with others, yes. |\n| 10 | and condo dues. Don't even know if those | 10 | Q.
What -- generally, what work |\n| 11 | are applicable. Electricity, heat and | 11 | did Verdolino and Lowey do in connection |\n| 12 | natural gas. Want me to keep going? | 12 | with these documents? |\n| 13 | Q.
So we can just agree that Items | 13 | A.
Reviewed them for |\n| 14 | 4 through 21 would include monthly | 14 | reasonableness, assisted in putting them in |\n| 15 | expenses? | 15 | a form that would normally be seen in a |\n| 16 | A.
Again, as it relates to him | 16 | SOFA and schedule. I think some of this |\n| 17 | paying them, I would agree. My | 17 | was uploaded into the actual Schedule F |\n| 18 | understanding is they're going to remain | 18 | because I think Schedule F -- well, maybe |\n| 19 | zero. | 19 | it doesn't. I don't know. I don't |\n| 20 | Q.
So this -- the analysis | 20 | remember whether this was uploaded or not |\n| 21 | contained in this document is separate from | 21 | but it could be. So that -- so it starts |\n| 22 | the monthly operating report, the reports | 22 | with D. So all of these, we worked with |\n| 23 | that you, Verdolino, draft in connection | 23 | the attorneys and that's again, all three, |\n| 24 | with this case? | 24 | the Brown Rudnick team, Aaron Mitchell and |\n| 25 | A.
Correct, because the monthly
Page 107 | 25 | Melissa Francis.
Page 109 |\n\n28 (Pages 106 - 109)\n\nPage 110 1 C. JALBERT 2 Q. I think you said the phrase reviewed for reasonableness. What do you mean by that? 5 A. Well, if we had anything to compare information to, we compared it or -- or if we had a question, we asked a question of the lawyers. I don't remember off hand what those were. 10 Q. Can you think generally of any issues that you investigated in connection with preparing these? 13 A. I'm sure on a couple of them, we wanted the make sure that -- that there wasn't a missing digit or an extra digit so I'm sure someone from my team walked through with someone, probably either Melissa or Aaron, just as a double check that it's what -- what the number on the form was the number that they intended. There wasn't, in there someplace, a human error. 23 Q. Can you think of anything else specific that you investigated? 25 A. We did not investigate. Page 111 1 C. JALBERT 2 MS. ARONSSON: The Court 3 Reporter is going to hand you what's 4 being marked as Jalbert Exhibit 6. 5 This is a document filed in this case 6 as Docket 77. 7 (Whereupon, Global Notes was 8 marked as Jalbert Exhibit 6 for 9 identification as of this date by the 10 Reporter.) 11 Q. Do you recognize this document? 12 A. Yes. 13 Q. What is it? 14 A. The Global Notes and Statements of Limitations Methodology and Disclaimers Regarding the Debtor's Schedules of Assets and Liabilities and Statement of Financial Affairs and the debtor is Ho Wan Kwok. 19 Q. And this is a specific line item that Verdolino and Lowey's proposed retention relates to? 22 MR. AULET: Objection to form. 23 A. Can I go back and take a look? I don't know what the global notes are listed or not but these are part and parcel Page 112 1 C. JALBERT to the SOFA's and schedules. So it would be part of the first bullet, \"assistance with preparation of the statement of financial affairs and schedules and all support thereto and any amendments, if necessary\". 8 Q. What was Verdolino and Lowey's role in preparing this document? 10 A. Well, we certainly assisted in drafting. We assisted in reviewing, particularly the specific notes but there was -- there was a lot of back and forth and a lot of work between the Brown Rudnick law firm, Aaron Mitchell, Melissa Francis and Verdolino and Lowey, both -- all three at Verdolino and Lowey, Matt Flynn, Mary Jo Schindler and myself. 19 Q. Just to understand, what specific work did Verdolino and Lowey do in connection with preparing this document? 22 MR. AULET: Objection to form. 23 A. Well, like I said, we had numerous e-mails, we reviewed everything, we made comments. We might have drafted a Page 113 1 C. JALBERT paragraph here or a paragraph there. I think we assisted the group in making sure the references, amongst the notes and amongst the questions and the SOFA's and amongst the schedules to the extent they were interrelated, that the references were appropriate. We made sure that the writings were the facts as we knew them. Didn't investigate but we had lots of discussions and we made sure that what was represented here was our memories. 13 Q. Thank you. Turning to Page 4, Question 1 in the middle of the page, asks \"do you own or have any legal or equitable interest in any residence, building, land or similar property\". The answer in Item 1, below it, reads, \"the debtor has use and occupancy of real estate located at 373 Taconic Road, Greenwich, Connecticut\". Do you have any understanding as to why the use and occupancy of certain real estate is relevant to this filing? 24 MR. AULET: Objection to form. 25 A. Well, I'm not a lawyer but\n\n29 (Pages 110 - 113)\n\n\n\n| | 85 | | |\n|----------|------------------------------------------------------------------------------------------|----------|-------------------------------------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Schedule A is I thought real property that | 2 | Haven on Wednesday for the 341 meeting but |\n| 3 | was owned by the debtor. I would have to | 3 | I don't know -- I know it's a valuable car. |\n| 4 | go back and confirm that but real estate. | 4 | I don't know what the name is and I don't |\n| 5 | So it would be -- he's alive. He resides | 5 | know who owns them. I know the debtor -- |\n| 6 | in a residence and I'm presuming this is | 6 | just as this says, the debtor has use. |\n| 7 | the appropriate legal description of the | 7 | Q.
So beyond what this says here |\n| 8 | facts and circumstances of his living in | 8 | and your previous answer, do you have |\n| 9 | that residence. | 9 | anymore information about the vehicles that |\n| 10 | Q.
Again, no independent | 10 | the debtor has use of? |\n| 11 | investigations into this? | 11 | A.
No. |\n| 12 | A.
Correct. | 12 | Q.
Did you witness the debtor |\n| 13 | Q.
Did you perform any evaluation | 13 | using any luxury vehicles at any time? |\n| 14 | of the residences listed in Question 1? | 14 | A.
I don't know what you mean by |\n| 15 | A.
No. | 15 | using but he got out of one in New Haven on |\n| 16 | Q.
The second bullet refers to an | 16 | Wednesday. |\n| 17 | apartment in the Sherry Netherland Hotel? | 17 | Q.
Do you know what kind of car it |\n| 18 | A.
Yes. | 18 | was? |\n| 19 | Q.
Did you draft this section? | 19 | A.
I don't remember. |\n| 20 | A.
Did I draft it? I doubt it. I | 20 | Q.
Is this -- strike that. Is -- |\n| 21 | might have reviewed it. I might have had | 21 | is the answer to Question 3 relevant to the |\n| 22 | input in something but this is not my | 22 | preparation of monthly operating reports? |\n| 23 | language. | 23 | A.
Probably, yes. |\n| 24 | Q.
Are you aware that the entity | 24 | Q.
Why? |\n| 25 | holding the legal title to the Sherry | 25 | A.
Because I imagine there's a |\n| | Page 114 | | |\n| | | | Page 116 |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Netherland apartment is in bankruptcy? | 2 | cost associated with those vehicles being |\n| 3 | A.
Well, I know there's a Chapter | 3 | provided for his use and again, I don't |\n| 4 | 11 going on. Exactly what's in Chapter 11 | 4 | remember exactly what the question is, 4, 5 |\n| 5 | and who owns what, I have not confirmed or | 5 | or 6, like E, where the rules say to report |\n| 6 | made an investigation but generally | 6 | expenses made by third-parties on behalf of |\n| 7 | speaking, I understand that that apartment | 7 | the debtor. Well, I'm thinking the use of |\n| 8 | is somehow in Chapter 11 in New York. | 8 | the vehicles -- you know, I don't know if |\n| 9 | Q.
Any involvement in those | 9 | there's a car payment on it, gasoline, |\n| 10 | proceedings in New York? | 10 | insurance, I don't know but something might |\n| 11 | A.
No. | 11 | be in there. |\n| 12 | Q.
Turning to the next page, | 12 | Q.
What about the purchase of the |\n| 13 | Question 3 asks for interests, broadly | 13 | vehicle itself whenever it was purchased, |\n| 14 | speaking, in any vehicles. The response | 14 | is that relevant to the monthly operating |\n| 15 | reads that \"the debtor has use of | 15 | report? |\n| 16 | automobiles including luxury automobiles | 16 | A.
Well, monthly operating reports |\n| 17 | and motorcycles\". Did you do any | 17 | are usually a disbursement in a particular |\n| 18 | investigation into this analysis? | 18 | time period. I imagine if they've bought |\n| 19 | A.
No. | 19 | one of those cars during the pendency, |\n| 20 | Q.
Do you have any understanding | 20 | maybe it shows up. I don't know. On the |\n| 21 | of what vehicles the debtor uses? | 21 | other hand, you could make an argument that |\n| 22 | A.
Only from my memory, the -- he | 22 | the use of the vehicle is not the same |\n| 23 | has access to a luxury vehicle and I think | 23 | thing as buying the vehicle because maybe |\n| 24
25 | there's a vehicle that his security travels
in. As a matter of fact, they were in New | 24
25 | other people use it too. So you would have
to find a way of allocating the cost. |\n\n30 (Pages 114 - 117)\n\n\n\n| | 85 | | |\n|--------|---------------------------------------------------------------------------------------|--------|------------------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Q.
Does that answer apply to the | 2 | A.
No. |\n| 3 | Question 1 about residences as well? | 3 | Q.
Turning to Page 8, Question 26 |\n| 4 | MR. AULET: Objection to form. | 4 | asks for patents, copyrights, trademarks, |\n| 5 | A.
The debtor resides in a | 5 | etcetera. The answer refers to |\n| 6 | particular residence. They're -- the only | 6 | unregistered copyrights and other |\n| 7 | people there that I know of, except for a | 7 | intellectual property interest in music and |\n| 8 | maid that comes in and security and | 8 | videos posted to various platforms. What |\n| 9 | possibly visits from family. So I imagine | 9 | is this referring to? |\n| 10 | the cost of the residence would be on that | 10 | A.
The whole thing? |\n| 11 | so -- that monthly operating report in some | 11 | Q.
Yes. |\n| 12 | amount and I think I -- I was a proponent | 12 | A.
The Question 26 refers to |\n| 13 | of 50 percent of that cost would be on | 13 | various intellectual property patents, |\n| 14 | behalf of the debtor because the spouse | 14 | copyrights, trademarks, trade secrets and |\n| 15 | lives there too and I didn't count the kids | 15 | intellectual property. The debtor -- I'll |\n| 16 | because they only came to visit the debtor. | 16 | just read it to you. \"The debtor has |\n| 17 | So I kind of ascribed more to the mother | 17 | possible unregistered copyrights and other |\n| 18 | and father and split the cost but there's | 18 | intellectual property interest in music and |\n| 19 | no home purchase in there. There's no -- | 19 | videos posted to various digital and media |\n| 20 | again, it's what you pay in that current | 20 | platforms such as YouTube, GTV, Twitter\" |\n| 21 | month. So I'm assuming they're telling -- | 21 | and -- I don't even know, GETTR, whatever |\n| 22 | we're going to be disclosing what is paid | 22 | that is. \"The debtor ascribes no value to |\n| 23 | in that particular time frame on behalf of | 23 | his social media assets and has made no |\n| 24 | the debtor on the various categories, the | 24 | attempts to monetize his social media |\n| 25 | vehicles, the security, the home -- | 25 | presence\". |\n| | Page 118 | | Page 120 |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| | | | |\n| | | | |\n| 2 | Q.
Thank you -- | 2 | Q.
Beyond what's written on the |\n| 3 | A.
Food. | 3 | page, do you have any understanding of what |\n| 4 | Q.
Thank you. Question 4 refers | 4 | this refers to? |\n| 5 | to watercraft, aircraft, motor homes and | 5 | A.
No. |\n| 6 | the answer references previous access to | 6 | Q.
The second sentence notes that |\n| 7
8 | the use of a yacht named the Lady May. Do
you have any -- beyond what's written on | 7
8 | the debtor ascribes no value to these
items, do you see that? |\n| 9 | this page, do you have any understanding of | 9 | A.
Yep. |\n| 10 | Mr. Kwok's interest the Lady May? | 10 | Q.
You performed no valuation of |\n| 11 | A.
Nothing that's not printed on | 11 | these items in connection with your work? |\n| 12 | this page. | 12 | A.
Correct. |\n| 13 | Q.
Did you do any independent | 13 | Q.
Do you know if any valuation |\n| 14 | investigation into this? | 14 | was performed? |\n| 15 | A.
No. | 15 | A.
None to my knowledge. |\n| 16 | Q.
Items 6 and 7, household goods | 16 | Q.
Question 31 asks for interest |\n| 17 | and electronics. I think we covered that | 17 | and insurance policies. The answer refers |\n| 18 | previously. In connection with Items 6, | 18 | to his spouse's health insurance policy |\n| 19 | household goods through Questions 17 on | 19 | which has no cash value. Do you see that? |\n| 20 | this page -- so just for clarity, it's | 20 | A.
Yes. |\n| 21 | Questions 6, 7, 8, 9, 11, 17. Did you do | 21 | Q.
Is it standard practice that a |\n| 22 | any investigation as to what -- as to | 22 | health insurance policy has no cash value? |\n| 23 | whether the items referenced in here belong | 23 | A.
I've never seen a situation |\n| 24 | to Mr. Kwok versus some other third-party | 24 | where a health insurance policy has a cash |\n| 25 | or entity?
Page 119 | 25 | value except for to the beneficiary of --
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if you have a health insurance plan, it has
a lot of value to you when you go to the
hospital and it pays the bills for you.
There's not an independent value to a
third-party that you can sell.
Q.
Do you have any knowledge about
the health insurance policy that the debtor
has currently?
A.
No.
Q.
Question 53 asks for property
of the kind not listed and the answer
refers to his membership at Mar-a-Lago Club
in Palm Beach. Is this the type of thing
that Verdolino and Lowey would include on a
monthly operating report if Mr. Kwok, the
debtor, used the membership?
MR. AULET: Objection to form.
A.
I would have to use conjecture.
Q.
Go ahead.
A.
Well, the first monthly
operating report was filed in February. I
don't know whether he went down there or | 1
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Rudnick, Aaron Mitchell and Melissa Francis
to inform you of how he might benefit from
things like his like his Mar-a-Lago
membership in connection with drafting the
monthly operating report?
A.
I certainly would listen to
counsel on that for sure.
Q.
But Verdolino and Lowey
wouldn't endeavor to seek out information
about these monthly expenses --
A.
Well, we're going to seek out
and we're going to point to the question
and we're going to ask for information
that's responsive to that. I don't have
access to the information. We don't
investigate. I'm not going to keep track
of where the debtor goes or doesn't go. So
someone would need to tell us the
information. We would then review it but
I -- I think that Mar-a-Lago thing, at
least for the foreseeable future, is not an
issue but if it becomes an issue, someone | | |\n| 24
25 | not. I don't know if he went down there in
March. If he -- if he went there, I | 24
25 | will tell me.
Q.
Turning to Page 11, Schedule I, | | |\n| 1
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C. JALBERT
imagine there would be travel expenses. I
don't know whether there would be a fee for
the golf and maybe he had lunch. So I
imagine if he physically went there and
used it, there would be -- there might be
-- there would be something in the monthly
operating report but if he stays where I
think he's going to stay, in Greenwich
where he's safe, it's not going to be
relevant.
Q.
What is your basis for thinking
he's going to stay where he is in
Greenwich?
A.
I listened to the 341 meeting
yesterday -- excuse me, Wednesday.
Q.
Besides the knowledge gathered
from that hearing on Wednesday, the 341
hearing, do you have any independent
knowledge about the debtor's expected
travel or location?
A.
I have no knowledge whatsoever
of where he's going to be at any point in
time.
Q.
Would you rely on Brown
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C. JALBERT
the second to last sentence here and it's
that \"the debtor plans to amend Form 122B
filed on February 15th, 2022 in which
debtor erroneously claimed monthly income
of \\$19,488\". Do you see that?
A.
Yes.
Q.
Do you know what that refers
to?
A.
Yes.
Q.
What is it?
A.
The debtor inadvertently or
accidently -- I don't know what the term
would be -- erroneously filed a Form 122B.
It included \\$19,488 dollars which met --
the form met for the monthly income, I
think the review by the lawyers was that's
incorrect and so they -- the debtor filed
an amended 122B or at least intended to --
I don't know if it's done yet or not --
excluding that income.
Q.
Did Verdolino and Lowey perform
any work in connection with that erroneous
inclusion?
A.
I'm sure anything we did was in
Page 125 | | |\n\n32 (Pages 122 - 125)\n\nPage 126 1 C. JALBERT 2 consultation with the lawyers. 3 MR. AULET: Objection to form. 4 Sorry. 5 Q. Turning to Page 13, Question 16 6 refers to a retainer of 500 thousand for 7 Brown Rudnick and then refers to one 8 million dollars from Lamp Capital. Do you 9 have any knowledge of that transaction 10 outside of what's written on the page? 11 A. I think there was discussion of 12 it yesterday -- excuse me, on Wednesday at 13 the 341 meeting and I think I saw a draft 14 of Brown Rudnick's retention papers -- I 15 think I did where I thought something was 16 mentioned in there. 17 Q. Do you recall what that was? 18 A. No. Something along the lines 19 of what's right here. 20 Q. Do you know what Lamp Capital 21 LLC is? 22 A. An entity owned by someone that 23 is not the debtor. 24 Q. Do you have any idea who it is 25 owned by? Page 127 1 C. JALBERT 2 A. Only a guess. 3 Q. Can you tell me -- I guess you 4 don't need to speculate. Do you have any 5 information that -- about what informs your 6 guess? 7 MR. AULET: Objection to form. 8 A. My memory was there was a lot 9 being talked about but my memory was 10 something was said during the 341 meeting 11 but it is very -- I was very back of the 12 room, as you know, and it was very hard for 13 me to hear the English version from the 14 interpreter. So I can't be sure but I 15 thought I heard something that discussed 16 who owned Lamp. 17 Q. Outside of what you heard at 18 the 341 hearing and this other document 19 that you remember seeing, do you have any 20 knowledge about Lamp or its operations? 21 A. No. 22 Q. The next item, Question 18 23 refers to a litigation funding agreement 24 dated November 8th, 2021. Have you seen 25 that agreement? Page 128 1 C. JALBERT 2 A. There are actually five of them 3 I think. They're listed in Schedule D. I 4 don't recall whether I actually saw them or 5 not. I think they were briefly described 6 to me at a minimum by lawyers. 7 Q. Any independent knowledge of 8 those agreements besides -- 9 A. No. 10 Q. Did Verdolino and Lowey do any 11 other investigation in connection with the 12 assets we've talked about that we didn't 13 cover? 14 A. No. 15 Q. Those five litigation 16 agreements we talked about -- 17 A. The litigation funding 18 agreements? 19 Q. Yes. Thank you. Have you seen 20 them before? 21 A. Not to my knowledge. 22 MS. ARONSSON: The Court 23 Reporter is going to hand you what's 24 being marked as Jalbert Exhibit 7. 25 This is a document produced in this Page 129 1 C. JALBERT 2 matter with the Bates stamp Kwok 3 00001752. 4 MR. AULET: Just for the 5 record, it's two separate documents 6 so we should make sure -- 7 MS. ARONSSON: I'll represent 8 that this is a family of documents, 9 an e-mail and an attachment. 10 (Whereupon, E-mail Chain was 11 marked as Jalbert Exhibit 7 for 12 identification as of this date by the 13 Reporter.) 14 Q. Mr. Jalbert, I understand 15 you're not on this e-mail. I'm just going 16 to ask you some basic questions about it. 17 This is an e-mail between a redacted 18 person, Aaron Mitchell, Matt Flynn and 19 Melissa Francis. Matt Flynn is your 20 colleague. We've talked about the other 21 folks. The attachment is a summary of 22 living expenses from the period February 23 15th to 28th. First, I'm going to ask who 24 is this e-mail from? 25 MR. AULET: And I will object\n\n33 (Pages 126 - 129)\n\n\n\n| | 85 | | | | |\n|----------|------------------------------------------------------------------|----------|-------------------------------------------------------------------------------------|--|--|\n| 1 | C. JALBERT | 1 | C. JALBERT | | |\n| 2 | and direct him the Witness to answer | 2 | Q.
Is this the monthly operating | | |\n| 3 | for the same reasons that we | 3 | report filing that we've been discussing | | |\n| 4 | discussed previously on the record. | 4 | that you've been involved in preparing? | | |\n| 5 | MS. ARONSSON: And we'll | 5 | A.
Looks like it, yes. | | |\n| 6 | continue to dispute the redaction | 6 | Q.
Turning to the filing 120-1, | | |\n| 7 | here. | 7 | the separate loose page, these line items | | |\n| 8 | Q.
Turning to the attachment, this | 8 | here, can you just explain broadly what | | |\n| 9 | summary of expenses, this was provided by a | 9 | they are at the bottom? What does the | | |\n| 10 | person -- the unknown person in the top | 10 | total reflect? | | |\n| 11 | e-mail, is that right? | 11 | MR. AULET: Objection to form. | | |\n| 12 | A.
Yes. | 12 | A.
You're referring to the | | |\n| 13 | Q.
Is it fair to say that this is | 13 | \\$109,827.12? | | |\n| 14 | the starting point for Verdolino's monthly | 14 | Q.
Yes. | | |\n| 15 | operating report draft? | 15 | A.
I'm trying to see who made the | | |\n| 16 | MR. AULET: Objection to form. | 16 | payments but inadvertently, the family, on | | |\n| 17 | A.
As to the one particular | 17 | behalf of the debtor, on February 16th, the | | |\n| 18 | question, yes. | 18 | day after the filing, made these two | | |\n| 19 | Q.
Sorry. What do you mean? | 19 | payments on pre-petition amounts. So this | | |\n| 20 | A.
This answers one question on | 20 | was, in an abundance of caution, in the 161 | | |\n| 21 | the monthly operating report and again, I | 21 | thousand dollars that was shown on Part 1, | | |\n| 22 | don't remember off hand exactly which one | 22 | Number E, this 109 thousand dollars is | | |\n| 23 | it is but something, 4, 5, 6E. The funds | 23 | included in the 161,323. So we were -- the | | |\n| 24 | paid by third-parties on behalf of the | 24 | lawyers felt it was important to supplement | | |\n| 25 | debtor. This is the first pass. | 25 | the monthly operating report with that | | |\n| | Page 130 | | Page 132 | | |\n| | | | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT | | |\n| 2 | MS. ARONSSON: McKenzie, Tab | 2 | information that this was really a | | |\n| 3 | 19. | 3 | pre-petition payment paid post-petition. | | |\n| 4 | THE WITNESS: Are you done? | 4 | Q.
Understood. Thank you. So the | | |\n| 5 | MS. ARONSSON: No. | 5 | total expenses \\$161,323 here, if we | | |\n| 6 | MR. AULET: Should we have the | 6 | subtract from that, the total inadvertent | | |\n| 7 | back up marked as a separate exhibit | 7 | payments is \\$109,827. What does that | | |\n| 8 | or -- | 8 | amount reflect? | | |\n| 9 | MS. ARONSSON: I typically mark | 9 | A.
The amount of the payments that | | |\n| 10 | them as one. | 10 | weren't these two payments that were made | | |\n| 11 | MR. AULET: Okay. | 11 | in the period from February 15th to | | |\n| 12 | THE WITNESS: We'll put them | 12 | February 28th by third-parties on behalf of | | |\n| 13 | together again and eliminate the blue | 13 | the debtor. | | |\n| 14 | sheet. | 14 | Q.
Would that be reflected in the | | |\n| 15 | (Whereupon, E-mail Chain was | 15 | final version of the living expenses sheet | | |\n| 16 | marked as Jalbert Exhibit 8 for | 16 | that we looked at on Exhibit Number 7? | | |\n| 17 | identification as of this date by the | 17 | A.
Yes. | | |\n| 18 | Reporter.) | 18 | MR. AULET: Objection to form. | | |\n| 19 | Q.
The Court Reporter is going to | 19 | Q.
Is anything else included in | | |\n| 20 | hand you what's being marked as Jalbert | 20 | that number, to your knowledge? | | |\n| 21 | Exhibit 8. | 21 | A.
Well, inadvertently, yes. We | | |\n| 22 | A.
Have you given it to her yet? | 22 | found out that whoever created the form on | | |\n| 23 | MS. ARONSSON: This is a | 23 | the security total dollars, whatever the | | |\n| 24
25 | document filed in this case as Docket
120 and document 120-1. | 24
25 | final total dollars were, there was a
payment made February 10 pre-petition that | | |\n\n34 (Pages 130 - 133)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----------|------------------------------------------------------------------------------------------|----------|---------------------------------------------------------------------------------------|\n| 2 | was inadvertently included in the payments | 2 | that the categories were properly described |\n| 3 | from February 15th to 28th. So that will | 3 | because this is not nearly final. This -- |\n| 4 | be corrected on the next operating report. | 4 | there were some errors and we also worked |\n| 5 | Q.
So included in this operating | 5 | with counsel and others in trying to figure |\n| 6 | report is the two inadvertent payments to | 6 | out what the percentage of the monies that |\n| 7 | the law firms identified on Exhibit 8? | 7 | were paid in Column C multiplied by a |\n| 8 | A.
Yes, correct. | 8 | distribution percentage to arrive at the |\n| 9 | Q.
The monthly operating living | 9 | total. We worked with the preparer to make |\n| 10 | expenses that we've talked about and then | 10 | sure that the descriptions on the schedule |\n| 11 | this other payment that you said would be | 11 | were accurate. We tried to confirm the |\n| 12 | corrected, is that right? | 12 | numbers were accurate. We couldn't get the |\n| 13 | A.
It's included in the 161. | 13 | information in time to be able to do that |\n| 14 | We'll be pulling that out when we do the | 14 | but then we looked at the distribution |\n| 15 | March -- so the way the form works usually | 15 | percentages using our judgment in working |\n| 16 | is you have payments paid currently and | 16 | with the lawyers. |\n| 17 | cumulative. We will take that small amount | 17 | Q.
Looking at this draft, living |\n| 18
19 | of money out of the cumulative so as to
have the correct number going forward. | 18
19 | expense chart in Exhibit 7, there are seven
line items. Is that right? |\n| 20 | Q.
So is it fair to say that | 20 | A.
Yes. |\n| 21 | Verdolino and Lowey's role in connection | 21 | Q.
Is it fair to say that |\n| 22 | with these inadvertent payments was to kind | 22 | Verdolino and Lowey crosschecked the names |\n| 23 | of double check the amounts included in the | 23 | of the categories to ensure that they |\n| 24 | monthly operating report? | 24 | accurately depicted the expenses contained |\n| 25 | A.
We tried but given the timing | 25 | in those line items? |\n| | Page 134 | | Page 136 |\n| | | | |\n| | | | |\n| 1
2 | C. JALBERT
of when the information became available | 1
2 | C. JALBERT
A.
We did the best we could, yes. |\n| 3 | and when the form had to be filed, there | 3 | Q.
What more information would |\n| 4 | was a miscommunication with the preparer of | 4 | have been helpful to help you get to that |\n| 5 | the schedule that will be rectified. | 5 | determination? |\n| 6 | Q.
Who's the preparer of the | 6 | A.
If we could have seen what |\n| 7 | schedule? | 7 | the -- what the actual payees and |\n| 8 | A.
I can't tell you. | 8 | disbursements were, it probably would have |\n| 9 | Q.
What schedule are you referring | 9 | helped us with the categorization. |\n| 10 | to, this document here, the monthly | 10 | Q.
But you didn't receive that? |\n| 11 | operating report, Exhibit 8? | 11 | A.
Not -- not at that time, no. |\n| 12 | A.
This thing (indicating). | 12 | Q.
Is the extent of information |\n| 13 | Q.
So the number 161 here refers | 13 | you received regarding these line items |\n| 14 | to this spreadsheet in Exhibit 7 as | 14 | included in this chart here? |\n| 15 | reflected with your edits, with Verdolino | 15 | A.
As of the date that we made |\n| 16 | and Lowey's edits? | 16 | available all the -- I'm sure there's an |\n| 17 | A.
The 161 is the sum of the final | 17 | updated version because this doesn't tie to |\n| 18 | number from Exhibit 8 plus the 109. | 18 | here (indicating) and then we -- long after |\n| 19 | Q.
What work did Verdolino and | 19 | we produced the information for -- for this |\n| 20 | Lowey do in connection with getting to the | 20 | deposition, there's been continuing ongoing |\n| 21 | final numbers? | 21 | discussions because we're getting ready to |\n| 22 | A.
We worked with counsel and | 22 | file -- excuse me, the March MOR in April. |\n| 23 | Aaron Mitchell and Melissa Francis trying | 23 | Q.
We'll turn to the -- what I |\n| 24
25 | to review -- we didn't have details but we
were trying to ask questions and make sure | 24
25 | think is the final version but we talked
about the categories, the amount you said |\n\n35 (Pages 134 - 137)\n\nPage 138 1 C. JALBERT 2 that, at the time of this filing, you did 3 not have information to be able to verify 4 the amounts attributed to each category. 5 Is that right? 6 A. Yes. 7 Q. What information would have 8 been helpful for you to cross check those 9 amounts? 10 A. Like I said, the name of the 11 payee, a description of what the service 12 was and the amount of the funds. 13 Q. The percentage distribution, 14 what does that mean? 15 A. The -- so for instance, 16 security was, in this sheet, \\$43,655.44. 17 The drafter of this and anyone that he 18 consulted with or she consulted with was 40 19 percent. Amongst talking with our team and 20 with the lawyer team, we thought that that 21 probably should be one hundred percent 22 because the only reason -- the security is 23 entirely related to Mr. Kwok and his 24 safety. There wouldn't be security if the 25 wife and the kids or others at the Page 139 1 C. JALBERT 2 compound, if it weren't for Mr. Kwok. So 3 we proposed changing and I think that did 4 get changed to a hundred percent. 5 Q. In revising these percentage 6 distributions, did you rely entirely on 7 information received from Brown Rudnick and 8 Aaron Mitchell and Melissa Francis and this 9 undisclosed person? 10 A. The first pass was the 11 undisclosed person. After we got this 12 information from the undisclosed person, 13 most of the discussion was between our 14 firm, my firm and the lawyer -- lawyers. 15 How long is this is going to go? Because 16 if it's going to go a bit, now I would like 17 to use the restroom. I'll be fast. 18 MS. ARONSSON: We can take a 19 break. We'll go off the record. 20 THE VIDEOGRAPHER: The time is 21 1:22 p.m. We're off the record. 22 (Whereupon, a short recess was 23 taken and upon resuming, E-mail Chain 24 was marked as Jalbert Exhibit 9 for 25 identification as of this date by the Page 140 1 C. JALBERT 2 Reporter.) 3 THE VIDEOGRAPHER: The time is 4 1:28 p.m. We're back on the record. 5 You may proceed. 6 Q. I think you have received 7 what's been marked as Jalbert Exhibit 9. 8 This bears the Bates Kwok 00001684. Do you 9 recognize this document? 10 A. Yes. 11 Q. Turning to the attachment, to 12 your knowledge, is this the final version 13 of the living expenses for the period 14 February 15th to February 28th? 15 A. I think it is. 16 Q. I'll represent, if you add 17 \\$51,495.67 plus the 109 thousand -- 18 A. 161. 19 Q. So we're on the same page, this 20 is the final version? 21 A. Yes. 22 Q. Does this final version reflect 23 Verdolino and Lowey's edits on the initial 24 draft provided by an unknown person? 25 A. Well, it's certainly -- as you Page 141 1 C. JALBERT 2 can see from the e-mail, we made 3 suggestions but counsel clearly reviewed 4 and assisted with the final decision and 5 I'm sure they also checked with the debtor. 6 I did not. 7 Q. So just walking through these 8 five suggestions, why did you increase the 9 meals to 50 percent or why did you 10 recommend increasing the meals to 50 11 percent? 12 A. Because there's a husband and a 13 wife and one hundred percent divided by two 14 is by 50 percent. 15 Q. Do you have any understanding 16 as to why the draft had allocated the 17 numbers in the way it had in Exhibit 7? 18 MR. AULET: Objection to form. 19 A. So I think what the creator of 20 the initial -- my memory is the creator of 21 the initial document took into 22 consideration that occasionally, the 23 debtor's daughter and maybe one or two 24 other people occasionally showed up and so 25 I think they ascribed some of the cost to 85\n\n36 (Pages 138 - 141)\n\nPage 142 1 C. JALBERT those people but our feeling in consultation with the attorneys was that the only reason those people are there is they're coming to visit the debtor and that's why they incurred the cost. So I thought they should put 50 percent to the husband and 50 percent to the wife and that's how we got the 50 percent. 10 Q. Besides what you just described to me, do you have anymore reasons for suggesting the increase of 50 percent? 13 A. Not that I can remember. 14 Q. Item 2 is security is increased to 100 and looking at the draft in Exhibit 7, it was 40 percent. What was your reasoning for suggesting to increase the security to 100? 19 A. Again, the only reason there's any security at all is all about the debtor. So in an abundance of caution, we're ascribing that cost, one hundred percent of that cost to the debtor. The wife likely would not have security concerns if she were not married to Page 143 1 C. JALBERT Mr. Kwok and when the daughter or others sometimes travel, they need security as well. So for whatever reason, their security is all related to the debtor. We suggested going to a hundred percent. It was discussed among the group and everyone agreed to the 100 percent. 9 Q. What is the basis for your assumption that the primary reason security has been retained is directly related to the debtor? 13 A. Discussion with Melissa Francis and Aaron Mitchell who confirmed in several phone calls that the debtor is harassed and threatened and otherwise scared for his existence and to the extent the -- I'm told to the extent the family is scared, they're scared because of their relationship to their father. 21 Q. Is there any other reasoning that you haven't articulated about the basis for your increasing security to one hundred? 25 A. Well, it is very conservative Page 144 1 C. JALBERT to ascribe the one hundred percent of the cost to the debtor is -- means that all that costs -- we could have left it at 30 percent and probably made it a callable argument of why it could be 30 percent. We wanted to go with -- I think part of the final reasoning amongst the group was that it's conservative to report all of it on the debtor's behalf because of his safety concerns is -- that was the reasoning. 12 Q. Thank you. Item 3 is utilities increased to 50 percent and I'll represent Exhibit 7 has it at 30 percent and you ascribe the same explanation as the meals. Is there any other -- 17 A. No, it's the same -- it's the same -- it's the same theme at different percentages for most of these. 20 Q. Item 4 refers to housekeeping. I believe Verdolino and Lowey recommended changing repair and maintenance to housekeeping? 24 A. Well, as it turns out, once we were able to speak with someone and get Page 145 1 C. JALBERT some information that's behind the numbers, we found out that that's the cost of the maid for those 15 days or maids or maid service or cleaning service and not maintenance. So it's just a matter of calling it what it was. Had we seen detail, we would have understood that on a more timely basis. 10 Q. Your reasoning for increasing the allocation from 30 to 50 percent, is it fair to say it's the same reasoning behind -- 14 A. It's a husband and a wife. You know, any other cleaning they do on behalf of anybody else, the only reason they're there is because the Kwok's are there. The debtor and his spouse. 19 Q. You note at the bottom of the page, \"in our opinion, it's best to be more conservative\". That's another reasoning behind your -- 23 A. Yes. 24 Q. -- suggestion to increase the allocations? Is that yes?\n\n37 (Pages 142 - 145)\n\n85\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----|---------------------------------------------|----|--------------------------------------------------|\n| 2 | A.
Yes. | 2 | THE WITNESS: Okay. |\n| 3 | Q.
I do want to talk about the | 3 | Q.
Turning to Page 2, Melissa |\n| 4 | insurance changed to zero percent from 30 | 4 | Francis notes that, \"since MK doesn't own |\n| 5 | percent. | 5 | the Connecticut property, can you please |\n| 6 | MS. ARONSSON: I think, | 6 | just explain the applicability of the |\n| 7 | Makenzie, can you hand me Tab 14? | 7 | following entries as his monthly expenses? |\n| 8 | A.
All done? | 8 | And what type of insurance is it?\" Do you |\n| 9 | Q.
Yes. Before I show you the | 9 | see that? |\n| 10 | document, do you recall information about | 10 | A.
Yes. |\n| 11 | the change from 30 percent to zero percent | 11 | Q.
What do you understand Ms. |\n| 12 | for the insurance line item? | 12 | Francis to be asking here? |\n| 13 | A.
I recall talking with my | 13 | A.
Since the debtor doesn't own |\n| 14 | colleague about it after he found out the | 14 | the Connecticut property, can you please |\n| 15 | facts, yes. | 15 | justify the applicability of the following |\n| 16 | Q.
What do you remember about that | 16 | entries as his monthly expenses and she's |\n| 17 | interaction? | 17 | asking what type of insurance. |\n| 18 | A.
Well, I think he found out the | 18 | Q.
What is your view, if any, on |\n| 19 | insurance payment that -- that 13 thousand | 19 | her question? |\n| 20 | dollars on Number 9 here was one hundred | 20 | MR. AULET: Objection to form. |\n| 21 | percent pertaining to the Sherry apartment | 21 | A.
I would like to answer them |\n| 22 | in New York City where he did not live | 22 | correctly. |\n| 23 | during this time frame and so to the extent | 23 | Q.
You would like to answer the |\n| 24 | that someone is paying those bills of the | 24 | monthly reporting -- |\n| 25 | Sherry, I think that's the Sherry's problem | 25 | A.
I'm hoping we answered her |\n| | Page 146 | | Page 148 |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | and not on account of the debtor because as | 2 | questions. I mean this is going onto the |\n| 3 | I'm told by the attorneys, everyone's | 3 | monthly reporting but I'm hoping we |\n| 4 | understanding, from the facts is that he's | 4 | answered them correctly. |\n| 5 | -- he does not have an interest in that | 5 | Q.
Substantively, what is your |\n| 6 | real estate. So he shouldn't have any | 6 | view on her question here? |\n| 7 | percentage in the expenses shown on the | 7 | MR. AULET: Objection to form. |\n| 8 | monthly operating report. | 8 | A.
I don't want to try and guess |\n| 9 | (Whereupon, E-mail Chain was | 9 | what she was thinking. |\n| 10 | marked as Jalbert Exhibit 10 for | 10 | Q.
So you have no understanding -- |\n| 11 | identification as of this date by the | 11 | Verdolino and Lowey has no understanding |\n| 12 | Reporter.) | 12 | about the question she's asking here? |\n| 13 | MS. ARONSSON: The Court | 13 | A.
I have my understanding. |\n| 14 | Reporter is going to be handing you | 14 | Q.
Okay. Turning to the first |\n| 15 | what's marked as Jalbert Exhibit 10. | 15 | page, Mr. Flynn responds, \"correct, he |\n| 16 | This is a document produced in this | 16 | doesn't own it but he lives in the |\n| 17 | matter with the Bates Kwok 00001691. | 17 | Connecticut house so these expenses that |\n| 18 | Q.
I understand you're not on this | 18 | are paid are benefitting him\". Do you have |\n| 19 | document but I just want to discuss a | 19 | any understanding of what Mr. Flynn is |\n| 20 | couple issues here. Do you recognize this | 20 | saying here? |\n| 21 | document? | 21 | A.
That's why he's saying that |\n| 22 | A.
No, but I recognize the | 22 | since he lives there, he aught to be -- |\n| 23 | subject. | 23 | there should be some level of those |\n| 24 | MR. HARBACH: Give him a minute | 24 | expenses ascribed to him in the monthly |\n| 25 | to read it.
Page 147 | 25 | operating report in that Question 8.
Page 149 |\n\n38 (Pages 146 - 149)\n\n\n\n| | 85 | | |\n|--------|-----------------------------------------------------------------------------------------|--------|----------------------------------------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Q.
Mr. Flynn continues, \"I have a | 2 | A.
I don't know. |\n| 3 | question regarding the insurance as well | 3 | Q.
The original allocation to this |\n| 4 | since this is insurance on the apartment of | 4 | line item I think is -- |\n| 5 | the Sherry\". Do you understand what issue | 5 | MR. HARBACH: Right here |\n| 6 | hes referring to here? | 6 | (indicating). |\n| 7 | A.
Yes. | 7 | Q.
-- at 13 thousand and that's |\n| 8 | Q.
Can you explain it for me? | 8 | reflected on Page 2. \\$13,611. Besides Ms. |\n| 9 | A.
Well, in the Number 8 -- no, | 9 | Francis' e-mail, do you have any |\n| 10 | Number 9, the original version of this had | 10 | independent knowledge of that information? |\n| 11 | insurance. We didn't know what it was | 11 | MR. AULET: Objection to form. |\n| 12 | insurance on. Frankly, when we got it, we | 12 | A.
No. It came from Melissa |\n| 13 | assumed it was on the Greenwich residence | 13 | Francis. I don't know where she got that |\n| 14 | where the debtor and his spouse actually | 14 | number from or why. |\n| 15 | reside. We factually found out that it's | 15 | Q.
Did you look into insurance for |\n| 16 | actually insurance on the Sherry and when | 16 | the Greenwich property? |\n| 17 | we found out it's insurance on the Sherry, | 17 | A.
No. |\n| 18 | since the debtor doesn't live there and | 18 | Q.
Why not? |\n| 19 | doesn't own it, by review of materials from | 19 | A.
We asked for someone in the -- |\n| 20 | the lawyers, it should be eliminated and | 20 | with the correct knowledge to give us all |\n| 21 | that's what we proposed, to eliminate it. | 21 | of the expenses paid cash, check, wire |\n| 22 | Q.
It was ultimately eliminated? | 22 | transfer, HCH, any other method, February |\n| 23 | A.
Yes. | 23 | 15th to February 28th on behalf of the |\n| 24 | Q.
Mr. Flynn continues \"I am not\" | 24 | debtor. We didn't leave any -- we didn't |\n| 25 | I am not sure it should be included here?
Page 150 | 25 | ask for -- we didn't leave any
Page 152 |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2
3 | I think that's what he means -- \"in this
calculation but interested on your thoughts | 2
3 | restrictions. We just said give us all of
that information. We got a summary chart. |\n| 4 | and also asking Craig\". Do you recall him | 4 | You saw it and it wasn't till we started |\n| 5 | asking your opinion on this? | 5 | asking questions to understand some of the |\n| 6 | A.
Yes. | 6 | background and what is behind the numbers |\n| 7 | Q.
Is your opinion the same as | 7 | that we started making assessments and |\n| 8 | Mr. Flynn's here -- | 8 | changing what we think the legal group and |\n| 9 | A.
Yes. | 9 | us thought it was appropriate. |\n| 10 | Q.
Do you recall speaking with | 10 | CONTINUED EXAMINATION |\n| 11 | Mr. Flynn about that? | 11 | BY MR. HARBACH: |\n| 12 | A.
I do. | 12 | Q.
You said a moment ago that |\n| 13 | Q.
Turning to the top e-mail here | 13 | originally, you and your team thought that |\n| 14 | | 14 | the 13 -- excuse me, I think you said you |\n| 15 | on this chain, on Page 1, Mr. Flynn asks, | | |\n| | \"how much was paid during this period for | 15 | assumed that the \\$13,611 was for the |\n| 16 | the Sherry\". Do you see that? | 16 | Greenwich property because that's where he |\n| 17 | A.
Yes. | 17 | was living. I got that right? |\n| 18 | Q.
Do you know the answer to that | 18 | A.
Yes, sir. |\n| 19 | question? | 19 | Q.
Then you were told that the |\n| 20 | A.
I have no idea. Also, I don't | 20 | 13,611 was actually for the Sherry, right? |\n| 21 | know why he asked it. | 21 | A.
Correct. |\n| 22 | Q.
That was going to be my | 22 | Q.
And at that point, you did not |\n| 23 | question. Why would it matter whether -- | 23 | inquire about was there actually any |\n| 24 | how much it was as to whether it should be | 24 | insurance money paid for the Greenwich |\n| 25 | included in the monthly operating report?
Page 151 | 25 | property during this period, you didn't ask
Page 153 |\n\n39 (Pages 150 - 153)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----------|---------------------------------------------------------------------------------------|----------|---------------------------------------------------------------------------------------|\n| 2 | that question? | 2 | with the Brown Rudnick firm and Melissa |\n| 3 | A.
No, we assumed -- actually, | 3 | Francis and Aaron Mitchell to determine |\n| 4 | Matt had confirmed this is a list of all | 4 | what the accrual of professional fees. All |\n| 5 | the payments made during this time frame. | 5 | professionals, state professionals, |\n| 6 | So we had the universe that wasn't another | 6 | committee professionals, debtor |\n| 7 | insurance payment and you know, most -- | 7 | professionals, ordinary course -- alleged |\n| 8 | many of us have owned homes. My own | 8 | ordinary course professionals, everybody |\n| 9 | empirical knowledge is you typically pay | 9 | because we need to record the accrual. So |\n| 10 | your homeowner's insurance once a year. | 10 | it's not just -- the operating report is |\n| 11 | It's usually -- in the Sherry, this 13 | 11 | not just asking for what was paid during |\n| 12 | thousand dollars might have been just a | 12 | that period. It's asking for what's the -- |\n| | | | |\n| 13 | payment for the year on a 2.5 million | 13 | the new form is asking what are the unpaid |\n| 14 | dollar entity. They didn't tell us it was | 14 | amounts and we couldn't get it in time to |\n| 15 | a payment so I didn't ask. | 15 | get the February one. So we're going to |\n| 16 | CONTINUED EXAMINATION | 16 | catch up in this March one, we're going to |\n| 17 | BY MS. ARONSSON: | 17 | establish what the February accrual was and |\n| 18 | Q.
So I think we've covered the | 18 | we're going to find out what the March |\n| 19 | work that you have done in connection with | 19 | accrual was and then we'll have the correct |\n| 20 | the monthly operating report for the period | 20 | information and it will have to be |\n| 21 | February 15th to February 28th. We've been | 21 | maintained as we go along and obviously, as |\n| 22 | looking at that document. Is that right? | 22 | time goes on, if things go according to the |\n| 23 | A.
Yes. | 23 | way the debtor would like, there will be |\n| 24 | Q.
Can you think of anything else | 24 | payment on those fees. So there'll be more |\n| 25 | that we haven't talked about with the work | 25 | accruals and then payments and the same |\n| | Page 154 | | Page 156 |\n| | | | |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | that you've done, in connection with | 2 | thing is true of the estate professionals |\n| 3 | preparing that document? | 3 | and the committee and its professionals. |\n| 4 | A.
Off the top of my head, no. | 4 | It will be a roll forward of what the |\n| 5 | Q.
I think you referenced you're | 5 | liability is and the cash will be reported |\n| 6 | preparing the next reporting cycle? | 6 | on Page 1. It will create liability to the |\n| 7 | A.
Yes. | 7 | United States Trustee for their fee -- |\n| 8 | Q.
Can you describe your general | 8 | their -- their -- it's a fee. It's not a |\n| 9 | process and how that defers, if it does, | 9 | commission. Their fee for -- which is |\n| 10 | with your reporting cycle for the February | 10 | entirely predicated on cash disbursements |\n| 11 | 15th to February 28th period? | 11 | during the time of the monthly operating |\n| 12 | A.
So the monthly operating report | 12 | report. |\n| 13 | is basically presenting information and the | 13 | Q.
Do you anticipate -- strike |\n| 14 | two buckets of information that are in the | 14 | that. Besides information that you'll |\n| 15 | monthly operating report as for this debtor | 15 | receive from Brown Rudnick, from Aaron |\n| 16 | is that Question E, the funds disbursed on | 16 | Mitchell, from Melissa Francis and an |\n| 17 | his behalf in the 31 day period, March 1 to | 17 | unknown person, do you anticipate doing any |\n| 18 | March 31, we're going to -- we're going to | 18 | investigation in connection with future |\n| 19 | figure out -- we're going to get a list. | 19 | monthly operating reports? |\n| 20 | This time, we're going to get a list so we | 20 | MR. AULET: Objection to form. |\n| 21 | can see what there was and we can have -- | 21 | A.
I don't know what you |\n| | | | |\n| 22 | we can have more educated discussion with | 22 | consider -- I'm not going to -- we're going |\n| 23 | the lawyers about what was paid. That will | 23 | to get a report from someone. That report |\n| 24
25 | be summarized and categorized and put in
Schedule E and in addition, we're working | 24
25 | is going to list out all of the payments
made during a specific time period. We're |\n\n40 (Pages 154 - 157)\n\n\n\n| | 85 | | |\n|----------|---------------------------------------------------------------------------------------|----------|--------------------------------------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | going to review that with our own | 2 | they paid post-petition pre-petition. Here |\n| 3 | professional knowledge and with the lawyers | 3 | they paid pre-petition, pre-petition but |\n| 4 | to make sure it all makes sense. We might | 4 | should have been excluded from the monthly |\n| 5 | ask questions based on what shows up on the | 5 | operating report. Legitimate charge. It |\n| 6 | spreadsheet but I'm not going to ask for a | 6 | wasn't an overpayment or anything. It just |\n| 7 | copy of the cancelled check, a bank | 7 | didn't belong reported in the February |\n| 8 | statement or the invoice that was paid. So | 8 | monthly operating report. |\n| 9 | no investigation of that, just a sanity | 9 | Q.
So is it fair to say you later |\n| 10 | check or a reasonableness check and confer | 10 | received a more detailed breakdown of these |\n| 11 | with counsel to be sure that we understand | 11 | items that was included in this -- |\n| 12 | what's on that sheet and what we're going | 12 | A.
I believe we got a more |\n| 13 | to report. | 13 | detailed -- but it was -- it was |\n| 14 | Q.
So essentially, you'll rely on | 14 | significantly past that time. Everything |\n| 15 | the rolled up numbers that are provided to | 15 | at that time was done by reviewing, |\n| 16 | you from the individuals we've talked | 16 | talking, Melissa and Aaron talking with |\n| 17 | about? | 17 | whoever and Matt talking to whoever. It |\n| 18 | A.
Again, except for some queries | 18 | was all done by e-mail and orally. We |\n| 19 | that we'll make depending on what the | 19 | didn't get a spreadsheet of the detail |\n| 20 | information we get. If we get -- if | 20 | until sometime later, long after it was |\n| 21 | insurance shows up again, we're going to | 21 | filed and actually, after the time that we |\n| 22 | ask insurance on what. If repairs and | 22 | made available our records that we got -- |\n| 23 | maintenance shows up again, we're going to | 23 | the detail listing which is when we figured |\n| 24 | confirm it's not the maid. So we'll use | 24 | out oh we got a problem with the monthly |\n| 25 | some common sense and we'll confer with the | 25 | operating report. It's just a matter of, |\n| | Page 158 | | Page 160 |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | lawyers based on what we see but I won't | 2 | you know, whoever is preparing these things |\n| 3 | know what we're going to do until we see | 3 | isn't used to the rules, isn't used to |\n| 4 | what -- and I hope it's soon. What's | 4 | what's got to be displayed -- disclosed and |\n| 5 | today, April 8th? | 5 | what's not going to be disclosed. We try |\n| 6 | Q.
Thank you. Okay, just quickly | 6 | and give them guidance and they just made a |\n| 7 | turning back to Exhibit 8 which is I think | 7 | minor error. We'll fix it next month. |\n| 8 | the final living expense report for the | 8 | Q.
Thank you. You can set that |\n| 9 | period February 15th, 2022 to February | 9 | aside. Do you recall receiving an inquiry |\n| 10 | 28th, 2022. I think you had referenced an | 10 | from someone at U.S. DOJ regarding the |\n| 11 | erroneous amount included in here. Can you | 11 | monthly operating report? |\n| 12 | just explain again what you meant by that? | 12 | A.
I think I actually reached out |\n| 13 | A.
I don't remember exactly what | 13 | to them first and my reaching out to them |\n| 14 | the number is but on the security line, | 14 | first was -- and that's how -- was -- I |\n| 15 | Line Number 9, the amount referenced her 43 | 15 | don't know if anyone's ever prepared a |\n| 16 | thousand dollars. That 43 thousand dollars | 16 | monthly operating report, is there one |\n| 17 | included a payment of -- my memory is | 17 | here? So the monthly operating report, up |\n| 18 | something like 12 or 14 thousand dollars | 18 | until December 31 or January 31 was one, |\n| 19 | that was paid February 10 and so we got | 19 | two -- these two pages (indicating), Page 8 |\n| 20
21 | this report, the original one, and didn't
know the back -- the background and when | 20
21 | which is now Page 8 and Page 9 and there
might have been one more -- I thought it |\n| 22 | they -- when they showed us the background | 22 | was five pages. It might have been four. |\n| 23 | and the list of -- we saw February 10. So | 23 | And I filed these monthly operating reports |\n| 24 | we realized we had the opposite mistake of | 24 | in several cases and it had been driving me |\n| 25 | the time with the two professionals where
Page 159 | 25 | crazy for three months that I would -- I
Page 161 |\n\n41 (Pages 158 - 161)\n\n\n\n| | 85 | | |\n|----------|------------------------------------------------------------------------------------------|----------|-----------------------------------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | would -- the way the monthly operating | 2 | have done anyway's. |\n| 3 | reports, the bottom, for the first page, it | 3 | Q.
We've talked about your |\n| 4 | allows you to use save if you're inputting | 4 | experience in Chapter 11 individual |\n| 5 | data so that you can review it but it | 5 | bankruptcies before. Reflecting on your |\n| 6 | retains a watermark up until the time you | 6 | experience in these instances, were any -- |\n| 7 | hit a button that says send the data out to | 7 | do you have any -- can you cite any case |\n| 8 | the United States Trustees website and it | 8 | where you've seen such a great disparity |\n| 9 | does whatever it does and when it did that, | 9 | between the debtor's punitive assets and |\n| 10 | it kept on coming back with these extra six | 10 | the stated liabilities? |\n| 11 | pages and this nonsense (indicating). So I | 11 | A.
No. In my individual cases, |\n| 12 | actually reached out to the U.S. Trustees | 12 | the 373 million dollars of liabilities is |\n| 13 | Office saying what are we doing wrong. | 13 | the most I've ever seen. |\n| 14 | It's midnight and we're trying to get this | 14 | MS. ARONSSON: We don't have |\n| 15 | thing in. He says no, everyone's having the | 15 | anymore questions. |\n| 16 | same problem. We've just finally figured | 16 | MR. AULET: I have nothing. |\n| 17 | out that's what's supposed to happen. So | 17 | MR. GOLDMAN: I have a few |\n| 18 | that's when we started talking with him and | 18 | follow-ups. I'll just be a couple |\n| 19 | then when he saw it, he had our e-mail | 19 | hours. |\n| 20 | addresses and we -- and he was looking for | 20 | THE WITNESS: Beautiful. Do |\n| 21 | the support for the 161, I believe is what | 21 | you mind if I go get a bottle of |\n| 22 | he was asking for. I don't have it in | 22 | scotch? |\n| 23 | front of me or if I do, I didn't -- I don't | 23 | MR. GOLDMAN: Get me one too. |\n| 24 | -- but that's my recollection, that's why | 24 | I'm Irve Goldman -- |\n| 25 | he reached out was to get -- to get that | 25 | THE VIDEOGRAPHER: Can you give |\n| | | | |\n| | Page 162 | | Page 164 |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | and to get the I think accrual of the | 2 | him the microphone, please? |\n| 3 | professional fees going forward. | 3 | MR. AULET: Yes. Can I take us |\n| 4 | Q.
Did you have a call regarding | 4 | off the record really quick so I can |\n| 5 | the monthly operating report and further | 5 | -- |\n| 6 | details on the line items? | 6 | MR. HARBACH: Sure. |\n| 7 | A.
Not a call. You have whatever | 7 | THE VIDEOGRAPHER: The time is |\n| 8 | e-mails there were. It was very -- I was | 8 | 1:56 p.m. and we are off the record. |\n| 9 | very limited. My call to him was a general | 9 | (Whereupon, an off-the-record |\n| 10 | question on my three cases, I'm trying to | 10 | discussion was held.) |\n| 11 | file these. He was able to answer my | 11 | THE VIDEOGRAPHER: The time is |\n| 12 | question -- my main question. He then, | 12 | 1:58 p.m. We're back on the record. |\n| 13 | when he saw the monthly operating report, | 13 | You may proceed. |\n| 14 | he said hey, I need this and we're going to | 14 | EXAMINATION BY |\n| 15 | obviously arrange to do that. | 15 | MR. GOLDMAN: |\n| 16 | Q.
So was it the inquiry from the | 16 | Q.
Good afternoon. Irve Goldman, |\n| 17 | trustee that prompted Verdolino and Lowey | 17 | Pullman and Comley for the Creditor's |\n| 18 | to request additional details and | 18 | Committee. You mentioned you were |\n| 19 | breakdowns of the line items contained in | 19 | certified as an insolvency restructuring |\n| 20 | the monthly operating Excel that we've | 20 | expert. Did I get that right? |\n| 21 | looked at? | 21 | A.
Advisor. |\n| 22 | A.
No. We wanted to do that | 22 | Q.
Advisor, for how long? |\n| 23 | anyway's. That just -- that gave us more | 23 | A.
Well, the actual designation |\n| 24
25 | fuel to bring it to them to say hey, we got
to get to this. That's something we would | 24
25 | came in 1999 but in 1999, when I got the
designation, I had to spend over four |\n\n42 (Pages 162 - 165)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|----------|-----------------------------------------------------------------------------|----------|-----------------------------------------------------|\n| 2 | thousand hours and have been in the | 2 | and I -- and I regret completely that |\n| 3 | profession for eight years at that point. | 3 | we were brought in as a financial |\n| 4 | So 30 years ago. | 4 | advisor and not an accountant to the |\n| 5 | Q.
Do you typically call on that | 5 | debtor. Most of what you see on that |\n| 6 | expertise when you're engaged as a | 6 | motion to employ is very important |\n| 7 | professional in Chapter 11 cases? | 7 | stuff in the process of bankruptcy. |\n| 8 | A.
Certainly some of it, yes. | 8 | The schedules, the SOFA's, the -- the |\n| 9 | Q.
What aspects of the debtor's | 9 | monthly operating reports, tax return |\n| 10 | financial profile do you view as needing | 10 | preparation, analysis of claims and I |\n| 11 | restructuring? | 11 | don't know whether we'll have a role |\n| 12 | MR. AULET: Objection to form. | 12 | in that or not. It depends on what |\n| 13 | A.
Needing restructuring, I don't | 13 | the nature of the claim is. Most of |\n| 14 | understand your question. | 14 | these claims will be legally analyzed |\n| 15 | Q.
Well, you're a certified | 15 | but there might be a hundred reasons |\n| 16 | insolvency restructuring expert. You call | 16 | why someone that filed a claim -- |\n| 17 | upon that expertise in your engagements in | 17 | there might be an accounting |\n| 18 | Chapter 11 cases. What is it about the | 18 | attached, they do want us to |\n| 19 | debtor's financial profile that you view as | 19 | investigate. So we're not brought in |\n| 20 | in need of restructuring? | 20 | to -- just because we think there's |\n| 21 | A.
Well, you know -- | 21 | going to be a reorganization. |\n| 22 | MR. AULET: Objection to form. | 22 | Bankruptcy is a process. There's an |\n| 23 | Q.
Do you view it as in need of | 23 | awful lot of paper that gets pushed |\n| 24 | restructuring? | 24 | by an awful lot of people. This |\n| 25 | A.
No, I don't. | 25 | particular debtor is -- as I |\n| | Page 166 | | Page 168 |\n| | | | |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Q.
You don't? | 2 | understand it, is in excess of 70 |\n| 3 | A.
Absolutely not. | 3 | years old. Doesn't even have an |\n| 4 | Q.
So why do you believe he filed | 4 | e-mail address. Doesn't know how to |\n| 5 | Chapter 11 then? | 5 | use computers. Doesn't know |\n| 6 | A.
Well, the debtor needs | 6 | technology. Couldn't possibly do the |\n| 7 | restructuring. I don't think -- | 7 | monthly operating reports himself and |\n| 8 | (Whereupon, a cell phone rang.) | 8 | virtually, in every case, there's an |\n| 9 | THE WITNESS: Oh, I apologize. | 9 | accountant that does tax returns. |\n| 10 | That was for me to remind me to do | 10 | There's an accountant that does -- |\n| 11 | something at 2:00 which I can't | 11 | that helps with preparing monthly |\n| 12 | remember what I'm supposed to do. | 12 | operating reports. Even when the |\n| 13 | Just making sure it wasn't on -- what | 13 | company has a controller, we still |\n| 14 | is that when it comes back on later | 14 | come in in cases where -- so there |\n| 15 | and it annoys you? The debtor's | 15 | may not be a reorganization as of |\n| 16 | restructuring, if you're referring to | 16 | right now. There's going to be a |\n| 17 | the questions were brought up -- in | 17 | plan someday. I don't know what role |\n| 18 | an ordinary Chapter 11 case that's a | 18 | we're going to play but if we need to |\n| 19 | business, there's lots of things to | 19 | be -- if the counsel and debtor needs |\n| 20 | consider if there's a real | 20 | us to play a role, we will but until |\n| 21 | restructuring. You've got to | 21 | that day, there's lots of necessary |\n| 22 | restructure the debt, the secure | 22 | work to do in the ordinary course of |\n| 23 | debt. Maybe mezzanine, unsecured | 23 | the process in the life of a Chapter |\n| 24
25 | debt. Maybe work with payables, all
sorts of -- that isn't the case here | 24
25 | 11 case here.
Q.
What you just described were |\n\n43 (Pages 166 - 169)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|--------|---------------------------------------------|----|-------------------------------------------------------|\n| 2 | menial tasks of accounting? | 2 | counsel wants us to play and the debtor |\n| 3 | A.
I disagree. | 3 | wants us to play. If they want us to play |\n| 4 | Q.
No, you disagree? | 4 | part of the role of looking at the |\n| 5 | A.
Preparing the SOFA's and | 5 | pre-petition payments, which we ordinarily |\n| 6 | preparing the MOR's, you think that's all | 6 | do in most of the cases we do, we come up |\n| 7 | menial tasks? | 7 | with the list, here it already exists. We |\n| 8 | Q.
All right, I won't argue with | 8 | might ask for support to confirm but it's |\n| 9 | you on that. What is it about this case | 9 | entirely up to the team that's running the |\n| 10 | that you -- you view that is in need of | 10 | case. We're not running the case. We're |\n| 11 | restructuring, if anything? | 11 | -- we're -- I think we're an important |\n| 12 | MR. AULET: Objection to form. | 12 | member of the team but we're not -- the |\n| 13 | A.
Yeah, I don't know what you're | 13 | accounting firm is not driving the case. |\n| 14 | trying to ask. | 14 | The debtor and his counsel is driving the |\n| 15 | Q.
Are there assets that need to | 15 | case as is true of every case. |\n| 16 | be restructured? | 16 | Q.
Do you know where the debtor's |\n| 17 | A.
The only assets I understand | 17 | books and records reside? |\n| 18 | are -- I think the lawyers call them | 18 | A.
I do not. |\n| 19 | litigation assets in the like. | 19 | Q.
Do you know if the debtor had a |\n| 20 | Q.
So how would they be | 20 | pre-petition account? |\n| 21 | restructured or part of a restructuring? | 21 | A.
Only from knowledge from |\n| 22 | MR. AULET: Objection to form. | 22 | lawyers. |\n| 23 | A.
You're probably asking the | 23 | Q.
Who was the accountant? |\n| 24 | wrong guy but if there's ongoing | 24 | A.
Accountant? |\n| 25 | litigation, I suspect there's going to be | 25 | Q.
Yeah, I asked you -- |\n| | Page 170 | | Page 172 |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | -- you would hope there would be settlement | 2 | A.
Oh actually, I take that back. |\n| 3 | negotiations, there might be mediation, | 3 | I saw actual tax returns. There was -- |\n| 4
5 | there might be arbitration. Someone's | 4 | every preparer has to list their name on a |\n| | going to try and liquidate those assets | | |\n| | | 5 | tax return they prepare. So there was -- |\n| 6 | into cash with which to pay the creditors. | 6 | someone paid tax returns at least. What |\n| 7 | I don't know whether we'll play a part in | 7 | else they did, I don't know. |\n| 8 | that or not. | 8 | Q.
Okay, what was the name of the |\n| 9 | Q.
As part of your -- the scope of | 9 | accountant? |\n| 10 | your engagement, there is a bullet point | 10 | A.
I don't remember. |\n| 11 | that states that you're going to provide | 11 | Q.
Have the tax returns been |\n| 12 | assistance -- | 12 | produced to any party in the case thus far? |\n| 13 | THE COURT REPORTER: I'm sorry, | 13 | A.
I imagine we produced them |\n| 14 | Counsel. I need to hear you better. | 14 | because we had them. They would have come |\n| 15 | Q.
Provide assistance with | 15 | in an e-mail. So they would have been |\n| 16 | reviewing debtor books and records for | 16 | produced as it relates to this I think. I |\n| 17 | possibly avoidable transactions such as | 17 | think they were but they were very small |\n| 18 | preference and fraudulent transfer claims. | 18 | tax returns prepared by -- I assume a New |\n| 19 | You stated that you did not review any of | 19 | York or a Connecticut accountant. I don't |\n| 20 | the debtor's books and records, correct? | 20 | know who. |\n| 21 | A.
Currently, so far, yes. | 21 | Q.
You just don't -- you obviously |\n| 22 | Q.
Did you ask for any? | 22 | looked at it, you just don't recall the |\n| 23 | A.
No. | 23 | name of that accountant right now? |\n| 24 | Q.
Do you intend to? | 24 | A.
I don't -- well, yes. I'm not |\n| 25 | A.
Depends on what role the
Page 171 | 25 | even sure if I looked at it. I don't know
Page 173 |\n\n85\n\n44 (Pages 170 - 173)\n\nCase 22-50073 Doc 404-26 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 46 of\n\n| | 85 | | |\n|----------|-----------------------------------------------------------------------------------------|----------|-----------------------------------------------------------------|\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | if, at the time when we were trying to do | 2 | I don't know. |\n| 3 | everything, we were using those because we | 3 | Q.
What information, if any, did |\n| 4 | needed some of the information on there. | 4 | you rely on in getting comfortable taking |\n| 5 | We were referred to them by Melissa for | 5 | this case without a post-petition retainer? |\n| 6 | certain issues that the lawyers thought | 6 | A.
I've been doing this for 35 |\n| 7 | were important and we went and took a look | 7 | years. I'm not sure. I don't remember |\n| 8 | at them but I would have looked at | 8 | ever getting a post-petition retainer but |\n| 9 | something besides the name of the preparer. | 9 | my firm works with -- |\n| 10 | At the time, it didn't matter. | 10 | (Whereupon, a cellphone rang.) |\n| 11 | Q.
Have you ever spoken to the | 11 | THE WITNESS: Shit, I'm sorry. |\n| 12 | debtor? | 12 | Now it's off. We -- we're a |\n| 13 | A.
Yes. | 13 | practitioner in Massachusetts and we |\n| 14 | Q.
When? | 14 | do cases in Delaware, New York, |\n| 15 | A.
Wednesday at the 341 hearing to | 15 | Connecticut, Rhode Island, |\n| 16 | introduce myself. | 16 | Massachusetts, New Hampshire, |\n| 17 | Q.
Is that the only occasion, to | 17 | Vermont, Maine. We represent Chapter |\n| 18 | your knowledge, that you've spoken to the | 18 | 7 trustees in virtually all of those |\n| 19 | debtor? | 19 | states. We probably represent and do |\n| 20 | A.
I don't speak Mandarin and he | 20 | work for virtually ever Chapter 7 |\n| 21 | apparently doesn't speak English. So I | 21 | trustee in Rhode Island, every |\n| 22 | have not spoken to him. Or Chinese. I'm | 22 | Chapter 7 trustee in Massachusetts, a |\n| 23 | not sure which it is. Excuse me. | 23 | couple in Maine, a couple in New |\n| 24 | Q.
You did not receive a | 24 | Hampshire and it's not unheard of for |\n| 25 | post-petition retainer, correct? | 25 | us to go and do 50, 60, 70, 80 |\n| | | | |\n| | Page 174 | | Page 176 |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | A.
Correct. | 2 | thousand dollars of work before we |\n| 3 | Q.
Are you confident that your | 3 | even know the case will ever have any |\n| 4 | fees will be paid? | 4 | money. It's an investment that we |\n| 5 | A.
I don't know if I'm confident. | 5 | make. Now I didn't make an |\n| 6 | I'm hoping. | 6 | investment in this case. Whatever we |\n| 7 | Q.
What source do you believe your | 7 | incurred -- and I don't know what |\n| 8 | fees will be paid, from what source? | 8 | that is, I'm hoping I'm going to |\n| 9 | A.
It will come from the Estate. | 9 | collect it but if I don't, then I'll |\n| 10 | If we're going to be paid, as I understand | 10 | have a write-off like I've had many, |\n| 11 | it, it will come from the Estate. I don't | 11 | many, many, many times in the past. |\n| 12 | -- I have not thought of or have any | 12 | Q.
Again, I don't think you |\n| 13 | agreement on any other source of payment. | 13 | answered my question. |\n| 14 | Q.
Do you mean the litigation | 14 | A.
Oh all right -- |\n| 15 | claims or recoveries? | 15 | Q.
If you -- if you relied just on |\n| 16 | A.
I would expect the only people | 16 | your experience in engagements in |\n| 17 | that have a retainer in this case are Brown | 17 | bankruptcy cases and that's it for taking |\n| 18 | Rudnick. Everybody else will be looking to | 18 | this case without a pre or post-petition |\n| 19 | be paid -- that is a debtor's professional | 19 | retainer, is that what you mean -- |\n| 20 | or a committee professional, professionals | 20 | A.
I don't understand your |\n| 21 | that file an application with the Court and | 21 | question. |\n| 22 | the Court allows their retention will be | 22 | Q.
What information, if any, did |\n| 23 | looking to get funds. We're all going to | 23 | you rely on in taking this case without a |\n| 24
25 | be looking from the same place. What that
source is going to be, if it will ever be, | 24
25 | pre or post-petition retainer?
MR. AULET: Objection to form. |\n\n45 (Pages 174 - 177)\n\n\n\n| | 85 | | | | |\n|----------|----------------------------------------------------------------------------------|----------|-------------------------------------------------------------------------------------|--|--|\n| 1 | C. JALBERT | 1 | C. JALBERT | | |\n| 2 | A.
I do work with lots and lots of | 2 | engagement? | | |\n| 3 | attorneys and when attorneys call up and | 3 | A.
Absolutely not. | | |\n| 4 | they ask if we're interested on working on | 4 | Q.
Have you had any communications | | |\n| 5 | the case, I work on the case. | 5 | with any representative from Golden Hill? | | |\n| 6 | Q.
So you relied on being asked to | 6 | MR. HARBACH: Golden Spring. | | |\n| 7 | get involved by Brown Rudnick? | 7 | Q.
Golden Spring. | | |\n| 8 | A.
Yep. | 8 | A.
I was on e-mails with someone | | |\n| 9 | Q.
That's it? | 9 | from -- well, first of all, Melissa Francis | | |\n| 10 | A.
Yep, and then after that, it's | 10 | has a Golden Spring e-mail address. She's | | |\n| 11 | bankruptcy process. Whatever happens, | 11 | counsel to the debtor. I've been informed | | |\n| 12 | happens. | 12 | of that from the beginning. The only other | | |\n| 13 | Q.
You didn't look at the | 13 | contact -- | | |\n| 14 | financial profile of this debtor at all in | 14 | Q.
She's counsel for the debtor or | | |\n| 15 | determining -- | 15 | Golden Spring? | | |\n| 16 | A.
I think -- I think I knew he | 16 | A.
Debtor. | | |\n| 17 | had limited assets or no assets and I think | 17 | Q.
Melissa -- | | |\n| 18 | I knew he had a lot of litigation ongoing | 18 | A.
Francis. | | |\n| 19 | but -- maybe I'm a fool but I only have one | 19 | Q.
But she has an e-mail address | | |\n| 20 | other person that I have to answer to and | 20 | from Golden Spring? | | |\n| 21 | he lets me run my business just like he | 21 | A.
Correct. They were in all of | | |\n| 22 | runs his business and my feeling is when a | 22 | these e-mails that they were putting in | | |\n| 23 | lawyer calls up and they have a case, then | 23 | front of me. | | |\n| 24 | we respond because if I don't respond, | 24 | Q.
She's counsel for the debtor is | | |\n| 25 | maybe the next time he calls another
Page 178 | 25 | your understanding --
Page 180 | | |\n| | | | | | |\n| | | | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT | | |\n| 2 | accountant. So I didn't do all the things | 2 | A.
I've been told emphatically by | | |\n| 3 | that you think a normal person should have | 3 | her and by Brown Rudnick that she is | | |\n| 4 | done to protect themselves on payment. | 4 | counsel to the debtor, as is Aaron | | |\n| 5 | Q.
Did you rely on any degree on | 5 | Mitchell. As is Brown Rudnick. | | |\n| 6 | the financial profile of Golden Spring? | 6 | Q.
Okay. Are they part of the | | |\n| 7 | A.
No. | 7 | application to retain ordinary course | | |\n| 8 | Q.
You didn't do any due diligence | 8 | professionals, if you know? | | |\n| 9 | on Golden Spring before agreeing to get | 9 | A.
I don't know that they're going | | |\n| 10 | engaged in this case? | 10 | to be paid by the Estate or not. I don't | | |\n| 11 | A.
I'm pretty sure I didn't know | 11 | know what they're -- what they're -- what | | |\n| 12 | Golden Spring existed by the time I agreed | 12 | motions they filed to be paid. I'm not -- | | |\n| 13
14 | to be in this case.
Q.
How about Lamp Capital, did you | 13
14 | I'm not representing them and I'm not
asking them. | | |\n| 15 | do any investigation of Lamp Capital? | 15 | Q.
So back to the question whether | | |\n| 16 | A.
No. | 16 | you had any communications with Golden | | |\n| 17 | Q.
Did you ask any questions about | 17 | Spring -- | | |\n| 18 | what the financial profile of those two | 18 | A.
So my colleague, Matt Flynn, | | |\n| 19 | entities was -- | 19 | had I think one or two phone calls with | | |\n| 20 | A.
No. | 20 | someone at Golden Spring. There was a | | |\n| 21 | Q.
-- before getting involved? | 21 | number of e-mails which we looked at in | | |\n| 22 | A.
No. | 22 | here and you know, 6, 7, 8, 9, whatever, | | |\n| 23 | Q.
Were you promised that you | 23 | that person is not identified but I did not | | |\n| 24
25 | would be paid from Golden Hill or Lamp
Capital before agreeing to take on the | 24
25 | speak to that person. I had -- I was on
the e-mail exchanges and I wrote exactly | | |\n\n46 (Pages 178 - 181)\n\n\n\n| 1 | C. JALBERT | 1 | C. JALBERT |\n|--------|--------------------------------------------------------|--------|-----------------------------------------------------------------|\n| 2 | one e-mail to that person and actually | 2 | for the month of which two-thirds of that |\n| 3 | directed it to Melissa and Aaron when I | 3 | is security. |\n| 4 | wrote my e-mail. | 4 | Q.
Is the person or entity that is |\n| 5 | Q.
Do you know why that person's | 5 | funding the post-petition living expenses |\n| 6 | name is redacted on the exhibit? | 6 | Golden Spring? |\n| 7 | A.
Yes. | 7 | A.
I don't know. That's not one |\n| 8 | Q.
Why? | 8 | of the questions and no one has volunteered |\n| 9 | A.
Because you heard Golden | 9 | that information. It just says -- the |\n| 10 | Spring's attorney. They're worried about | 10 | question says is there a third-party making |\n| 11 | the safety of their employees given the | 11 | payments on behalf of the debtor |\n| 12 | issues surrounding this case. I don't know | 12 | post-petition. We answered that question |\n| 13 | anything about that. I'm just doing what I | 13 | as best we could. We'll fix the one error |\n| 14 | told. I am not disclosing the name. | 14 | that remains but it did not ask and they |\n| 15 | Q.
It was at Golden Spring's | 15 | did not tell us, to my knowledge, who is |\n| 16 | counsel's behest that that was redacted is | 16 | making the disbursements. |\n| 17 | your understanding? | 17 | Q.
And you didn't ask? |\n| 18 | A.
Well, I don't know whether it | 18 | A.
No. I don't know how it would |\n| 19 | was Golden Spring's counsel or Golden | 19 | affect -- it's not in the monthly operating |\n| 20 | Spring itself. I don't know -- I don't | 20 | report so it's none of my business I think |\n| 21 | know who started it. I just -- in fact, I | 21 | is what I would have been told. |\n| 22 | don't think I knew it until the day before | 22 | MR. GOLDMAN: I don't have any |\n| 23 | -- the day before, maybe Wednesday is when | 23 | further questions. |\n| 24 | I found out that -- that -- that the | 24 | MR. AULET: I have nothing. |\n| 25 | documents were redacted. | 25 | THE VIDEOGRAPHER: Can I take |\n| | Page 182 | | Page 184 |\n| | | | |\n| | | | |\n| 1 | C. JALBERT | 1 | C. JALBERT |\n| 2 | Q.
Is it your understanding that, | 2 | us off the record for the day? |\n| 3 | according to the debtor, all of his living | 3 | MR. GOLDMAN: Yes. |\n| 4
5 | expenses, pre-petition, were paid by Golden
Spring? | 4
5 | THE VIDEOGRAPHER: We're off
the record at 2:18 p.m. and this |\n| 6 | A.
Well, they were paid by | 6 | concludes today's testimony given by |\n| 7 | somebody else. I can't say emphatically | 7 | Craig Jalbert. |\n| 8 | they were paid by Golden Spring. | 8 | (Whereupon, at 2:18 P.M., the |\n| 9 | Q.
So whatever that person or | 9 | Examination of this witness was |\n| 10 | entity -- whoever that person or entity | 10 | concluded.) |\n| 11 | was, are the living expenses, post-petition | 11 | |\n| 12 | living expenses that were prepared in the | 12 | °
°
°
° |\n| 13 | various schedules, consistent with what was | 13 | |\n| 14 | paid pre-petition? | 14 | |\n| 15 | A.
We didn't do an investigation | 15 | |\n| 16 | as to what the pre-petition nature of | 16 | |\n| 17 | payments or amount of the payments or | 17 | |\n| 18 | anything. So I don't have any -- any | 18 | |\n| 19 | comparative information. That information | 19 | |\n| 20 | will be developed as we see the months go | 20 | |\n| 21 | by but I think the final -- the final | 21 | |\n| 22 | number for 15 days of the expenses for the | 22 | |\n| 23 | individual ended up being something like 28 | 23 | |\n| 24 | or 29 thousand dollars for 15 days. So | 24 | |\n| 25 | multiply that by two 60 thousand dollars
Page 183 | 25 | Page 185 |\n\n47 (Pages 182 - 185)\n\n\n\n| 1
2
D E C L A R A T I O N
3
4
I hereby certify that having been
5
first duly sworn to testify to the truth, I
6
gave the above testimony.
7
8
I FURTHER CERTIFY that the foregoing
9
transcript is a true and correct transcript
10
of the testimony given by me at the time
11
and place specified hereinbefore.
12
13
14 | 1
2
C E R T I F I C A T E
3
STATE OF NEW YORK
)
4
: SS.:
COUNTY OF KINGS
)
5
6
I, LENAYA LYNCH, a Notary Public for
7
and within the State of New York, do hereby
8
certify:
9
That the witness whose examination is
10
hereinbefore set forth was duly sworn and
11
that such examination is a true record of
12
the testimony given by that witness.
13
I further certify that I am not |\n|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|\n| _________________________
15
CRAIG JALBERT
16
17
18
Subscribed and sworn to before me
19
this _____ day of ________________ 20___.
20
21
_________________________
22
NOTARY PUBLIC | 14
related to any of the parties to this
15
action by blood or by marriage and that I
16
am in no way interested in the outcome of
17
this matter.
18
IN WITNESS WHEREOF, I have hereunto
19
set my hand this 8th day of April 2022.
20
21
<%24350,Signature%>
LENAYA LYNCH
22 |\n| 23
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Page 186 | 23
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Page 188 |\n| 1
2
E X H I B I T S
3 JALBERT EXHIBITS
EXHIBIT EXHIBIT
PAGE
4 NUMBER
DESCRIPTION
5 Exhibit 1 Notice of Deposition
10
6 Exhibit 2 E-mail Chain
32
7 Exhibit 3 E-mail Chain
35
8 Exhibit 4 Debtor's Application
47
9 Exhibit 5 Official Form 106Sum
93
10 Exhibit 6 Global Notes
111
11 Exhibit 7 E-mail Chain
129
12 Exhibit 8 E-mail Chain
131
13 Exhibit 9 E-mail Chain
139
14 Exhibit 10 E-mail Chain
147
15
(Exhibits retained by Court Reporter.)
16
17
I N D E X
18 EXAMINATION BY
PAGE
19 MS. ARONSSON
5
MR. HARBACH
100
20 MS. ARONSSON
103
MR. HARBACH
153
21 MS. ARONSSON
154
MR. GOLDMAN
165
22
23
24 | |\n| 25
Page 187 | |\n\n48 (Pages 186 - 188)\n\n[& - 373]\n\n| & | 86:10,22,24 | 132:20 134:13
161 | 24350
188:21 |\n|-------------------------------------|-----------------------|----------------------------|----------------------------|\n| દિદ
1:15,18 2:3,12 | 103:13 115:4,4,8 | 135:13,17 140:18 | 26
120:3,12 |\n| 0 | 119:21 124:25 | 162:21 | 28
183:23 |\n| | 164:4 166:7,18 | 132:23
161,323 | 28th 72:9 129:23 |\n| 0001646
32:16 | 167:5,18 169:24 | 133:5 | 133:12 134:3 |\n| 00001649
35:10 | 111 187:10 | ી રિટ
187:21 | 140:14 152:23 |\n| 00001684
140:8 | 11:53 90:21 | 16th
132:17 | 154:21 155:11 |\n| 00001691
147:17 | 2:18 34:22
12 | 119:19,21
17 | 159:10 |\n| 00001752
129:3 | 85:15 159:18 | 18
48:22 127:22 | 29
183:24 |\n| 02035
6:9 | 75:21 131:25
120 | 19
131:3 | 2:00
167:11 |\n| 06103
2:18 | 120-1 131:25 | 19,488 125:6,15 | 2:18
185:5,8 |\n| 2:14
06601 | 132:6 | 17:5
1979 | 3 |\n| 1 | 125:3,14,19
122b | 17:8
1983 | 23:23 35:8,12
3 |\n| 3:16 10:14.17
1 | 124
6:8 | 1987
17:10 | 96:25 97:4,8,13,24 |\n| 17:10 23:22 72:10 | 129
187:11 | 1999
165:24,24 | 115:13 116:21 |\n| 97:9 113:14.18 | 12:22 90:25 | 1:22
139:21 | 144:12 187:7 |\n| 114:14 118:3 | 19:8 42:12
13 | 1:28
140:4 | 3,850 96:5 |\n| 132:21 151:14 | 55:14 103:14 | 1:56
165:8 | 30 |\n| 155:17 157:6 | 126:5 146:19 | 1:58
165:12 | 7:5,19 11:2,22 |\n| 187:5 | 152:7 153:14 | 1 a
94:19,22 95:8 | 107:6 144:4,6,14 |\n| 133:25 147:10
10 | 154:11 | 95:11
1 b | 145:11 146:4,11
166:4 |\n| 147:15 159:19,23 | 13,611 152:8 | 2 | 30th
2:4 |\n| 187:5,14 | 153:15,20 | 2
23:22 32:14,18 | 31
17:10 72:10 |\n| 100 2:18 142:15,18 | 187:12
131 | 33:2,4 41:6 97:13 | 74:24 77:7 121:16 |\n| 143:8 187:19 | 139
187:13 | 105:21 142:14 | 155:17,18 161:18 |\n| 10036
1:19 2:5,10 | 14
19:8 98:7 146:7 | 148:3 152:8 187:6 | 161:18 |\n| 100th
44:7 | 159:18 | | |\n| | | | |\n| 6:9
101 | 147
187:14 | 154:13
2.5 | 32
187:6 |\n| 103
187:20 | 15
77:6 89:10 | 20
45:8 186:19 | 341
16:17,22 45:13 |\n| 106a 94:21 | 97:25 145:4 | 2019
79:18 | 45:14,17 46:14,15 |\n| 106sum 93:14 | 183:22,24 | 2020
79:19 | 46:19,24 47:8,12 |\n| 94:2 187:9 | 187:20
ી રેઝે | 2021
127:24 | 47:13,18 51:15 |\n| 109 132:22 135:18 | 187:21
154 | 2022
1:10 3:5 | 69:5 116:2 123:15 |\n| 140:17 | 15th 63:14 72:9 | 125:4 159:9,10 | 123:18 126:13 |\n| 109,827 133:7 | 125:4 129:23 | 188:19 | 127:10,18 174:15 |\n| | 133:11 134:3 | 21 45:8 49:9 84:9 | 342
16:16 |\n| 109,827.12 132:13
10:17 1:11 3:4 | 140:14 152:23 | 92:21 107:14
45.9
22 | 17:13 176:6
35
187:7 |\n| 10:24
11:15,19 | 154:21 155:11 | 22-50073 1:63:22 | |\n| 11 1:5 21:2,4 | ી રેતે-વે | 22nd 3:4 | 36 95:13 96:2,4,8 |\n| 32:11 55:3 70:3 | 96:18 105:18
16 | 23 | 96:16
373 |\n| 74:19 81:6,11 | 126:5 | 97:8 | 113:19 164:12 |\n\n[4 - advisor]\n\n| 4 | 95:17,19,24
61 | ਰਤੋ
187:9 | 172:24 173:9.19 |\n|-------------------------------------------|-----------------------|-------------------------------------|----------------------|\n| 47:24 48:3 91:4
ব | 62
95:15,16,17 | 2 | 173:23 179:2 |\n| 96:9,12,17 97:13 | 6:49
39:10 | 1:11 3:4
a.m. | accountants 21:5 |\n| 107:14 108:8 | 108:8 130:23
6e | 11:15,19 90:21 | 21:6,7,8 |\n| 113:13 117:4 | 7 | aaron 25:17,19,25 | accounting 22:21 |\n| 119:4 130:23 | 7
1:18 2:4,9 81:6 | 26:10 31:4,7 32:9 | 63:21 168:17 |\n| 144:20 187:8 | 86:25 95:18 | 56:18 57:3 59:3,4 | 170:2 172:13 |\n| 7:18 138:18
40 | 103:12 119:16,21 | 59:10,18 99:2,7 | accounts 69:21,22 |\n| 142:16 | 128:24 129:11 | 102:11 103:17 | accrual 70:20 |\n| 43
159:15,16 | 133:16 135:14 | 104:12,16 105:3 | 156:4,9,17,19 |\n| 43,655.44.
138:16 | 136:18 141:17 | 105:13 106:7 | 163:2 |\n| 45
72:11 | 142:16 144:14 | 109:24 110:18 | 156:25
accruals |\n| 47
187:8 | 176:18,20,22 | 112:15 124:2 | 69:2
accrue |\n| | 181:22 187:11 | 129:18 135:23 | accrued 78:23,25 |\n| 5 | 70
6:19 7:16 169:2 | 139:8 143:14 | 79:6 |\n| റ
93:12,15 108:8 | 176:25 | 156:3 157:15 | 10:6
accurate |\n| 117:4 130:23 | 7006
2:14 | 160:16 181:4 | 136:11,12 |\n| 187:9,19 | 77
100:20 111:6 | 182:3 | 10:2.9
accurately |\n| 50
6:19 7:14,18 | 78
93:19 | | 136:24 |\n| 118:13 141:9,10 | | ability 9:25 10:5
able 53:7 78:6 | accustomed 53:9 |\n| 141:14 142:7,8,9 | 8 | 79:11 136:13 | 19:15
act |\n| 142:12 144:13 | 8
1:10 119:21 | 138:3 144:25 | 4:8 188:15
action |\n| 145:11 176:25 | 120:3 131:16,21 | | activity 63:22 |\n| 21:3 126:6
500 | 134:7 135:11,18 | 163:11 | 80:12 |\n| રેન્ડર
75:13,17 76:2 | 149:25 150:9 | absolutely 82:6 | actual
109:17 |\n| 505b
75:5 | 159:7 161:19,20 | 167:3 180:3 | 137:7 165:23 |\n| 50th
44:6 | 181:22 187:12 | abundance 132:20 | 173:3 |\n| 51.495.67
140:17 | 7:16 176:25
80 | 142:21 | 85:21 140:16
add |\n| 53
122:11 | 83
17:9 | 102:23
accepted | addition
155:25 |\n| 94:22 95:23
રેરે | 2:13
850 | access 115:23 | additional 163:18 |\n| 56
95:17,19 | 87
17:10 | 119:6 124:16 | address 6:6,7,8 |\n| રજ
95:24 96:2 | 8th
3:5 127:24 | accidently 125:13 | 169:4 180:10,19 |\n| 6 | 159:5 188:19 | account 37:25 | addresses
162:20 |\n| | 9 | 38:24 52:15 63:19 | administer 4:6 |\n| 7:5 11:2,8,21,22
6
97:24 98:7 111:4 | | 64:17 65:3 66:19 | administrative |\n| 111:8 117:5 | 0
119:21 139:24 | 72:6991:6,8 92:11 | 77:17 78:7,10 |\n| | 140:7 146:20 | 92:16 147:2 | 81:8 |\n| 119:16,18,21 | 150:10 159:15 | 172:20 | advising 22:20 |\n| 181:22 187:10 | 161:20 181:22 | accountancy
17:8 | 53:261:11 |\n| 6:19 7:14 75:11
60 - | 187:13 | accountant 18:16 | advisor 17:24 18:7 |\n| 75:19 176:25 | 48:10 82:17
90 | 70:22 80:6 168:4 | 21:5,6 34:7 36:23 |\n| 183:25 | 83:22 92:23 | 169:9,10 172:23 | |\n\n85\n\n#### [advisor - aronsson]\n\n| 37:7 39:8 40:20 | allocations 145:25 | 121:17 122:12 | applicable
107:11 |\n|-----------------------|----------------------|---------------------|----------------------|\n| 41:20 43:2 48:9 | allow 12:20 38:23 | 130:21 148:21,23 | application 48:2,7 |\n| 48:21 49:5 70:22 | 65:2 87:11 | 151:18 163:11 | 48:18 49:2 175:21 |\n| 165:21,22 168:4 | allowed 80:12 | 178:20 | 181:7 187:8 |\n| advisors 62:4.5 | 81:20 | answered 34:20 | applies 53:17,22 |\n| affairs 14:6 55:20 | allows 82:15,17 | 148:25 149:4 | 103:22 |\n| 111:18 112:5 | 162:4 175:22 | 177:13 184:12 | apply 118:2 |\n| affect 184:19 | amend 89:7 125:3 | 8:5,23
answers | appointed 22:13 |\n| affidavit 48:25 | amended 125:19 | 130:20 | appreciate 35:4 |\n| 49:7 | amendment 60:7 | anticipate 47:16 | approach 22:20 |\n| affiliated 42:3 | amendments | 50:19 52:9 54:16 | appropriate 73:14 |\n| affiliations 4:13 | 55:21 112:6 | 55:6 59:25 61:19 | 113:8 114:7 153:9 |\n| 165:16
afternoon | amount 13:9 | 61:21 63:25 67:16 | approval 70:16 |\n| agent 90:2 91:7,20 | 81:22 96:5 118:12 | 76:4,24 79:21 | approved 62:10 |\n| 91:21,24 | 133:8.9 134:17 | 106:15 157:13,17 | 64:22 |\n| 153:12 166:4
ago | 137:25 138:12 | anticipated 60:5 | april 1:10 3:4,5 |\n| agree 3:14 59:12 | 159:11,15 183:17 | 60:11 62:9 68:15 | 137:22 159:5 |\n| 91:696:16 100:22 | amounts 51:22 | anticipates 78:16 | 188:19 |\n| 107:13,17 | 132:19 134:23 | anybody
83:24 | arbitration
171:4 |\n| agreed 143:8 | 138:4,9 156:14 | 145:16 | areas 12:11 22:12 |\n| 179:12 | analysis 68:6 83:4 | anymore
116:9 | 22:21 |\n| agreeing 179:9,25 | 84:3 87:19 89:18 | 142:11 164:15 | 19:4
arena |\n| agreement 55:13 | 92:25 95:2 96:19 | anyone's
161:15 | 170:8
argue |\n| 61:8 67:25 78:6 | 105:9 107:20 | 41:14
anytime | argument 117:21 |\n| 91:22 127:23,25 | 115:18 168:10 | anyway
69:16 | 144:6 |\n| 175:13 | analyzed
168:14 | anyway's 70:8 | aronsson 2:5 4:18 |\n| 128:8
agreements | analyzing
80:18 | 87:6 163:23 164:2 | 4:18 6:2,12 7:4,13 |\n| 128:16,18 | 82:4 | apartment 101:6,9 | 10:12 11:12 12:9 |\n| ahead 40:8 122:20 | andersen
17:9 | 102:6 114:17 | 26:20,25 27:13 |\n| 97:15
aircraft | 167:15
annoys | 115:2,7 146:21 | 29:18 32:11 34:21 |\n| 119:5 | 8:20 9:11
answer | 1 50:4 | 35:6 47:22 48:5 |\n| alive 114:5 | 9:19,21 24:21 | apologize 35:2 | 83:11 88:13 90:18 |\n| allegations 40:24 | 26:22,24 27:12 | 56:22 167:9 | 93:10,17 97:6 |\n| 81:5 156:7
alleged | 28:12 29:11,11,13 | apparently 28:19 | 99:22 103:5,6 |\n| alleging 83:18 | 29:17 36:11 38:17 | 174:21 | 111:2 128:22 |\n| alliance 2:3 4:20 | 53:16,21 54:12 | appear
100:20 | 129:7 130:5 131:2 |\n| 6:13 10:23 | 83:20 88:16 | appearance 4:16 | 131:5,9,23 139:18 |\n| allocated 141:16 | 101:20 104:18 | 4:12
appearances | 146:6 147:13 |\n| allocating
117:25 | 105:16 113:17 | applicability | 154:17 164:14 |\n| allocation
145:11 | 116:8,21 118:2 | 148:6,15 | 187:19,20,21 |\n| 152:3 | 119:6 120:5 | | |\n\n[arrange - back]\n\n| arrange
163:15 | 164:9 170:15,17 | 23:9 28:8 182:10 | 164:16 165:3 |\n|----------------------|-----------------------|----------------------|-------------------------------|\n| arrangement | 170:19 171:5 | attorneys 2:3,9,13 | 166:12,22 170:12 |\n| 54:20 | 178:17,17 | 14:16 15:6,16 | 170:22 177:25 |\n| arrive
136:8 | assigned 74:24 | 25:8 32:3 40:21 | 184:24 |\n| 17:9
arthur | 52:18 86:17
assist | 46:23 47:6 98:9 | 26:13
authored |\n| articulated 143:22 | assistance 45:11 | 98:21,24 99:6,14 | 27:9 |\n| ascribe
144:2,15 | 55:18 61:9 73:16 | 104:24 106:20 | authorities 75:11 |\n| ascribed
118:17 | 80:17 82:8 84:23 | 109:23 142:3 | authorization 48:7 |\n| 141:25 149:24 | 85:18 86:6 88:21 | 147:3 178:3.3 | 48:19 49:3 |\n| ascribes
120:22 | 112:3171:12,15 | attributed 138:4 | authorized 4:6 |\n| 121:7 | assisted
15:19 | audible
8:24 | automobiles |\n| ascribing 142:22 | 51:9,12 109:14 | audio
3:12,12 | 115:16,16 |\n| asia 2:3 4:20 6:14 | 112:10,11 113:3 | audit
75:13,18,20 | available 135:2 |\n| 10:23 | 141:4 | auditing 22:21 | 137:16 160:22 |\n| aside 15:22 47:5 | associated
66:20 | 149:22
aught | 69:16
avoid |\n| 67:7 83:17 161:9 | 117:2 | august 17:10 | avoidable 82:9 |\n| asked
36:8 47:19 | association
107.9 | aulet 2:10 5:3,3,12 | 83:2 84:13 171:17 |\n| 53:23 56:15,21,22 | 9:6 92:20
assume | 9:17 12:4,6,24 | aware 25:17 30:19 |\n| 64:20 110:7 | 92:24 173:18 | 13:6 24:20 26:16 | 88:6 90:8,10 |\n| 151:21 152:19 | assumed 150:13 | 26:23 27:11,13,16 | 114:24 |\n| 172:25 178:6 | 153:15 154:3 | 28:7 29:19 34:10 | awful 47:11 |\n| asking 13:17,19,20 | assuming 28:15 | 37:16 39:5 46:20 | 168:23,24 |\n| 34:14 67:18 98:22 | 50:23 72:13 | 57:22 58:18 61:4 | awfully
88:4 |\n| 101:2,18,21 102:2 | 118:21 | 64:14 66:13 77:4 | awhile
82:9 |\n| 105:15 148:12,17 | assumption | 78:21 79:22 83:7 | b |\n| 149:12 151:4,5 | 143:10 | | |\n| | | 83:13 84:25 85:8 | |\n| 153:5 156:11,12 | attach
69:14 | 88:3,8,16 91:9 | 2:65:21 6:5 7:5
o |\n| 156:13 162:22 | attached 79:16 | 92:2 93:5 95:9 | 11:2,22 75:13,17 |\n| 170:23 181:14 | 168:18 | 96:10 97:2 98:15 | 76:2 94:17,20,21 |\n| asks 108:11,17,18 | attachment 129:9 | 99:23 101:17 | 94:23 95:12 96:13 |\n| 113:14 115:13 | 129:21 130:8 | 102:8 103:24 | 187:2 |\n| 120:4 121:16 | 140:11 | 104:13 106:18 | 19:25
baby |\n| 122:11 151:14 | attempts
120:24 | 108:21 111:22 | babysitting 19:10 |\n| 166:9
aspects | attend 45:13 | 112:22 113:24 | bachelor 17:7 |\n| assenting 37:9 | attended 45:14,16 | 118:4 122:18 | back 7:18 11:19 |\n| assessment 101:14 | 47:11 | 126:3 127:7 129:4 | 13:20 27:6 29:24 |\n| 153:7
assessments | attending
4:11 | 129:25 130:16 | 34:3 41:5 49:13 |\n| 78:3
asset | 46:14 | 131:6,11 132:11 | 55:12 69:25 71:16 |\n| 88:2 94:2
assets | attention
105:20 | 133:18 141:18 | 82:16 90:25 91:4 |\n| 104:7 111:16 | attorney 2:17 4:17 | 148:20 149:7 | 95:17 103:7 |\n| 120:23 128:12 | 6:12 9:18 13:5 | 152:11 157:20 | 111:23 112:13
114:4 127:11 |\n\n# [back - bullet]\n\n| 131:7 140:4 159:7 | beach
122:14 | 119:8 121:2 | bridgeport
1:3 |\n|-------------------|----------------------|---------------------|--------------------|\n| 159:21 162:10 | bearing 76:9,9 | big 34:4,15,16 | 2:14 3:21 |\n| 165:12 167:14 | 32:15 140:8
bears | 35:20 52:23 | brief 90:22 |\n| 173:2 181:15 | 42:18
beast | biggest 19:4 | 14:21
briefly |\n| background 17:2 | beautiful
164:20 | bill 45:19 72:12,23 | 65:24 128:5 |\n| 153:6 159:21,22 | beginning
4:16 | 73:6 | 163:24
bring |\n| balance 69:20 | 180:12 | billed 67:13,14,16 | 7:21 22:9
broad |\n| hank 37:25 52:15 | behalf 12:23 21:7 | bills 19:14 55:3 | broadly 109:5 |\n| 64:21,24 65:6 | 21:8 38:21 108:11 | 72:3 122:4 146:24 | 115:13 132:8 |\n| 69:18 91:6,16 | 108:15 117:6 | binders 69:14 | brought 40:3,20 |\n| 158:7 | 118:14,23 130:24 | birnbaum 2:17 | 167:17 168:3,19 |\n| bank's 91:18 | 132:17 133:12 | bit
14:20 17:2 | brown 2:8 5:4 |\n| bankruptcies | 144:10 145:15 | 21:25 24:3 46:17 | 15:21 23:10,16 |\n| 164:5 | 152:23 155:17 | 139:16 | 24:6,8,18 25:8 |\n| bankruptcy 1:2 | 184:11 | biweekly 66:25 | 26:5,6,10 30:9 |\n| 3:20 20:11,22 | behest
182:16 | blood 188:15 | 31:20 32:3 38:10 |\n| 21:13,24 22:6,11 | believe 24:4 45:2,5 | 131:13
blue | 38:12 39:2,16 |\n| 32:25 38:15 39:19 | 50:18 72:14 99:19 | bookkeepers | 43:23 49:24 56:13 |\n| 39:22 44:6,7,7 | 100:7 144:21 | 52:16 53:14,18,19 | 57:4 58:25 59:6 |\n| 51:2 64:25 74:13 | 160:12 162:21 | 53:20,25 66:19 | 59:10,17 64:20 |\n| 75:4 77:15,24 | 167:4 175:7 | books 82:8 84:12 | 83:18 98:25 99:6 |\n| 80:4,13 81:2,23 | believes
27:19 | 84:14,18 92:18 | 102:11,17 103:18 |\n| 82:15 83:23 90:3 | 102:23
belong | 171:16,20 172:17 | 103:18 104:10,16 |\n| 115:2 168:7,22 | 119:23 160:7 | boston 17:6,6 | 104:17 105:7,12 |\n| 177:17 178:11 | belonged 101:15 | 18:16 | 106:6 109:24 |\n| base 59:9 | 102:6 103:14 | bottle 34:25 42:8 | 112:14 123:25 |\n| based 27:16,21 | belonging 104:8 | 164:21 | 126:7,14 139:7 |\n| 28:23 63:5 72:25 | ben 13:5 14:16,21 | bottom 49:11 | 156:2 157:15 |\n| 87:14 158:5 159:2 | ל: 24 | 105:19 132:9 | 175:17 178:7 |\n| basic
129:16 | beneficiary | 145:19 162:3 | 181:3,5 |\n| basically 37:9 | 121:25 | bought 101:23 | buckets 19:3 |\n| 39:11 155:13 | benefit 124:3 | 117:18 | 21:19 155:14 |\n| basis 37:14,21 | benefitting 149:18 | box 2:14 | budget 61:10,23 |\n| 66:25 69:7,8 | best 13:2 28:9 52:4 | brain 93:8 | 61:24 62:2 |\n| 73:10 80:11 81:7 | 56:10 60:9,14 | break 9:9,12 85:9 | budgeting 42:10 |\n| 81:8,8 90:7 | 137:2 145:20 | 85:15 139:19 | 63:16 86:15 |\n| 123:12 143:9,23 | 184:13 | breakdown | budgets 42:13,13 |\n| 145:9 | better 86:23 | 160:10 | build 78:2 |\n| bates 32:15 35:9 | 103:25 171:14 | breakdowns | building 113:16 |\n| 129:2 140:8 | beyond 14:13 | 163:19 | bullet 55:17 61:7 |\n| 147:17 | 38:18 53:13 116:7 | | 92:19 112:3 |\n| | | | |\n\n[bullet - certain]\n\n| 114:16 171:10 | 96:1 97:1 98:1 | callable
144:5 | 175:17 176:5 |\n|----------------------------------|---------------------|-----------------------|---------------------|\n| business 6:7 22:10 | 99:1 100:1 101:1 | called 5:21 20:18 | 177:3,6,18,23 |\n| 41:21,24,25 42:8 | 102:1 103:1 104:1 | 41:8 89:22 | 178:5,5,23 179:10 |\n| 42:11,22 43:3 | 105:1 106:1 107:1 | calling 145:7 | 179:13 182:12 |\n| 167:19 178:21,22 | 108:1 109:1 110:1 | calls 25:11,15 | cases 21:2,4 40:16 |\n| 184:20 | 111:1 112:1 113:1 | 58:24 93:6 143:15 | 41:25 64:10 90:5 |\n| businesses 19:5 | 114:1 115:1 116:1 | 178:23,25 181:19 | 92:8 161:24 |\n| 162:7
button | 117:1 118:1 119:1 | camera
8:11 | 163:10 164:11 |\n| 117:23
buying | 120:1 121:1 122:1 | cancelled 158:7 | 166:7,18 169:14 |\n| C | 123:1 124:1 125:1 | capabilities 18:2 | 172:6 176:14 |\n| | 126:1 127:1 128:1 | capital 126:8,20 | 177:17 |\n| 2:2 3:1 4:1 5:1,21
C | 129:1 130:1 131:1 | 179:14,15,25 | cash
36:14 37:10 |\n| 6:17:18:19:1 | 132:1 133:1 134:1 | 116:3,17 117:9
car | 37:19 42:12,13 |\n| 10:1 11:1 12:1 | 135:1 136:1,7 | 67:679:4
care | 61:10 62:12,13,23 |\n| 13:1 14:1 15:1 | 137:1 138:1 139:1 | career 47:12 | 63:15,15,22 69:9,9 |\n| 16:1 17:1 18:1 | 140:1 141:1 142:1 | 97:14 117:19
cars | 69:21 78:18 79:2 |\n| 19:1 20:1 21:1 | 143:1 144:1 145:1 | 1:6 3:22 6:17
case | 79:3 86:18 87:13 |\n| 22:1 23:1 24:1 | 146:1 147:1 148:1 | 15:24 33:21 41:19 | 121:19,22,24 |\n| 25:1 26:1 27:1 | 149:1 150:1 151:1 | 41:22,23,24 42:19 | 152:21 157:5,10 |\n| 28:1 29:1 30:1 | 152:1 153:1 154:1 | 43:3,4 44:3,13,14 | 171:6 |\n| 31:1 32:1 33:1 | 155:1 156:1 157:1 | 48:10 49:15 50:22 | catch 88:25 89:2 |\n| 34:1 35:1 36:1 | 158:1 159:1 160:1 | 50:23 51:2,5,20 | 89:14,15 156:16 |\n| 37:1 38:1 39:1 | 161:1 162:1 163:1 | 52:10 54:17 55:8 | categories 7:21 |\n| 40:1 41:1 42:1 | 164:1 165:1 166:1 | 55:11,16 56:10 | 118:24 136:2,23 |\n| 43:1 44:1 45:1 | 167:1 168:1 169:1 | 59:7 60:9,14 | 137:25 |\n| 46:1 47:1 48:1
49:1 50:1 51:1 | 170:1 171:1 172:1 | 61:22 62:9,19 | categorization |\n| | 173:1 174:1 175:1 | 64:2 66:5 67:4,17 | 137:9 |\n| 52:1 53:1 54:1 | 176:1 177:1 178:1 | 68:12,21 69:2 | categorized |\n| 55:1 56:1 57:1
58:1 59:1 60:1 | 179:1 180:1 181:1 | 70:4,7,9,11 71:5,6 | 155:24 |\n| 61:1 62:1 63:1 | 182:1 183:1 184:1 | 71:19 73:11,25 | category
138:4 |\n| 64:1 65:1 66:1 | 185:1 186:2 188:2 | 74:2,7,11,19 75:9 | cats 89:12 |\n| 67:1 68:1 69:1 | 188:2 | 75:14,22 76:22 | caution 46:21 83:7 |\n| 70:1 71:1 72:1 | calculates 69:10 | 77:21 78:5,25 | 132:20 142:21 |\n| | calculation 151:3 | 79:5 81:6 82:24 | caveat 89:3 |\n| 73:1 74:1,9,10 | calender 72:7 | 84:7 86:4,25 90:6 | cc'd 26:12 27:10 |\n| 75:1 76:1 77:1
78:1 79:1 80:1 | 19:10 31:18
call | 93:20 107:24 | 3:10 167:8
cell |\n| 81:1 82:1 83:1 | 45:18 79:11 102:4 | 111:5 131:24 | cellphone 176:10 |\n| 84:1 85:1 86:1 | 104:25 163:4,7,9 | 164:7 167:18,25 | cellular 3:8 |\n| 87:1 88:1 89:1 | 166:5,16 170:18 | 169:8,24 170:9 | 87:18
cents |\n| 90:1 91:1 92:1 | 178:3 | 172:10,10,13,15 | certain 40:17 94:3 |\n| | | 172:15 173:12 | 113:22 174:6 |\n| 93:1 94:1,17 95:1 | | | |\n\n#### **[certainly - concurring]**\n\n| certainly
22:3 | 158:10 | clients
18:25 19:13 | 70:23 156:6 157:3 |\n|------------------------|------------------------|------------------------|---------------------|\n| 62:20 72:20 84:3 | checked
64:24 | close
70:5 | 165:18 175:20 |\n| 91:11 102:14 | 141:5 | closure
75:15 | common
158:25 |\n| 106:19 109:8 | checks
66:20 | clothes
103:12 | communicate
26:9 |\n| 112:10 124:7 | chinese
174:22 | club
122:13 | 30:11 57:11 99:4 |\n| 140:25 166:8 | chooses
76:6 | code
75:4 80:13,14 | 99:5 |\n| certification
17:20 | cia
18:13 | 82:15 | communicated |\n| 17:23 18:9 | cira
18:7,14,15 | cohn
2:17 | 58:16 98:24 |\n| certifications | circulate
32:4,8 | collateral
42:14 | communicates |\n| 18:12 | circulated
88:7 | colleague
45:5,15 | 30:13 |\n| certified
17:23 | circumstances | 100:25 129:20 | communicating |\n| 18:4,6 165:19 | 15:25 33:13 60:6 | 146:14 181:18 | 104:19 |\n| 166:15 | 73:14 114:8 | colleagues
13:7 | communications |\n| certify
186:4,8 | cite
164:7 | 30:18 31:24 | 65:14,19 180:4 |\n| 188:8,13 | citizens
65:6 | collect
13:13 177:9 | 181:16 |\n| chain
32:17 35:11 | city
58:8 146:22 | college
17:6,6 | company
89:21 |\n| 38:6 103:21 104:9 | civil
11:2 | 18:16 | 169:13 |\n| 129:10 131:15 | claim
52:20 80:19 | column
136:7 | comparative |\n| 139:23 147:9 | 80:24 81:3,5,16,21 | combine
72:7 | 183:19 |\n| 151:14 187:6,7,11 | 168:13,16 | come
50:23 53:14 | compare
110:6 |\n| 187:12,13,14 | claimed
125:5 | 54:21 71:16 74:18 | compared
110:6 |\n| change
146:11 | claims
52:24 54:8 | 74:20 169:14 | complete
69:18 |\n| changed
139:4 | 81:7,10,12,25 82:5 | 172:6 173:14 | completely
74:5 |\n| 146:4 | 82:11,18 88:2 | 175:9,11 | 108:3 168:2 |\n| changes
43:24 | 90:2 168:10,14 | comes
19:15 | compliance
42:24 |\n| 44:10 | 171:18 175:15 | 100:23 118:8 | complicated
43:4 |\n| changing
139:3 | clarification
96:15 | 167:14 | 52:23 |\n| 144:22 153:8 | 97:3 | comfortable
176:4 | compound
139:2 |\n| chapter
1:5 21:2,3 | clarity
119:20 | coming
34:25 | comprehensive |\n| 55:3 70:3 74:19 | cleaning
145:5,15 | 62:23 78:18 142:5 | 89:6 |\n| 81:6,6,11 86:10,22 | clear
24:12 28:18 | 162:10 | computers
169:5 |\n| 86:24,25 115:3,4,8 | 39:14 98:10 | comley
2:12 5:7 | concerning
12:21 |\n| 164:4 166:7,18 | 101:21 | 165:17 | concerns
142:25 |\n| 167:5,18 169:23 | clearly
56:18 79:2 | comment
36:21,21 | 144:11 |\n| 176:17,20,22 | 141:3 | 37:8,8,9 | concluded
185:10 |\n| charge
160:5 | clerical
55:5,7 | comments
112:25 | concludes
185:6 |\n| chart
136:18 | client
4:23 5:2 | commercial
70:7 | conclusion
28:20 |\n| 137:14 153:3 | 30:8 34:5,6 35:21 | commission
157:9 | concurred
39:11 |\n| check
73:3 110:18 | 36:23 37:6 38:3 | committee
2:13 | concurring
37:12 |\n| 134:23 138:8 | 39:8 | 5:8 20:19 21:4,5 | 38:4 |\n| 152:21 158:7,10 | | 62:3 66:23 70:21 | |\n| | | | |\n\n#### **[condition - covered]**\n\n| condition
9:25 | 119:18 121:11 | controller
169:13 | 43:14 62:3,4 |\n|----------------------|-----------------------|-----------------------|-----------------------|\n| condo
107:10 | 124:5 125:23 | conversation
8:17 | 70:21 97:12,18,20 |\n| confer
158:10,25 | 128:11 134:21 | conversations
3:8 | 98:12,14 99:19 |\n| confident
175:3,5 | 135:20 154:19 | 27:17 44:5 46:22 | 100:17 124:8 |\n| confirm
65:2 | 155:2 157:18 | 47:6 102:15,16 | 135:22 136:5 |\n| 86:10,21 114:4 | conservative | converted
70:12 | 141:3 158:11 |\n| 136:11 158:24 | 143:25 144:9 | copies
69:18 | 169:19 171:14 |\n| 172:8 | 145:21 | copy
8:14 94:22 | 172:2,14 180:11 |\n| confirmation | consider
157:22 | 100:21 158:7 | 180:14,24 181:4 |\n| 20:17 | 167:20 | copyrights
120:4,6 | 182:19 |\n| confirmed
70:12 | consideration | 120:14,17 | counsel's
182:16 |\n| 115:5 143:14 | 141:22 | corp
74:10 | count
118:15 |\n| 154:4 | consistent
183:13 | corporate
74:7 | countries
42:6 |\n| conflicts
24:12 | constituency | corporation
74:7 | country
42:22 |\n| confusion
69:17 | 21:11,13 | 74:9,10 75:23 | county
188:4 |\n| congress
19:18 | consultation
98:17 | correct
58:19 | couple
60:14 92:7 |\n| conjecture
122:19 | 126:2 142:3 | 62:17 63:10 72:13 | 99:21 110:13 |\n| connecticut
1:2 | consulted
64:21 | 76:23 94:25 95:25 | 147:20 164:18 |\n| 2:14,18 3:21 17:5 | 138:18,18 | 97:23 102:25 | 176:23,23 |\n| 76:13,14,19 | consulting
88:21 | 107:25 108:25 | course
30:21 |\n| 113:20 148:5,14 | contact
25:3 30:19 | 109:2 114:12 | 52:19 56:16 62:8 |\n| 149:17 173:19 | 180:13 | 121:12 134:8,19 | 70:24 156:7,8 |\n| 176:15 | contacted
23:6,8 | 149:15 152:20 | 169:22 181:7 |\n| connection
11:5 | contacts
25:4 | 153:21 156:19 | courses
17:15 |\n| 15:6 24:19 33:21 | contained
59:22 | 171:20 174:25 | court
1:2 3:20 4:4 |\n| 34:8 36:4,9,25 | 71:14 107:21 | 175:2 180:21 | 5:10,19 6:15,25 |\n| 39:2,18 43:2,25 | 136:24 163:19 | 186:9 | 8:11 10:13 13:10 |\n| 46:3,10,18 50:14 | contention
28:3 | corrected
134:4 | 32:12 35:6 40:12 |\n| 50:25 51:6,20 | contents
101:8 | 134:12 | 45:3 47:22 55:2 |\n| 57:16 60:2 61:15 | contested
6:23 | correctly
148:22 | 62:10 78:9 87:12 |\n| 61:19 63:9 64:12 | context
20:12 22:6 | 149:4 | 93:10 101:10 |\n| 66:11 68:15 73:19 | continue
3:13 74:8 | cost
117:2,25 | 111:2 128:22 |\n| 76:25 78:17 80:21 | 74:16 130:6 | 118:10,13,18 | 131:19 147:13 |\n| 83:5,19 84:14,19 | continued
16:16 | 141:25 142:6,22 | 171:13 175:21,22 |\n| 84:23 85:21 86:2 | 103:4 153:10 | 142:23 144:3 | 187:15 |\n| 87:20 88:15 89:19 | 154:16 | 145:3 | cover
16:25 107:3 |\n| 92:15 96:20 97:11 | continues
68:21 | costly
89:6 | 128:13 |\n| 97:16 98:6,22 | 150:2,24 | costs
144:4 | covered
13:11 |\n| 103:8 104:7 106:3 | continuing
17:17 | counsel
4:10 5:4,7 | 76:20 83:14 85:19 |\n| 107:23 109:11 | 137:20 | 9:12,21 13:6,15 | 89:8 103:9 119:17 |\n| 110:11 112:21 | | 25:21,24 30:3 | 154:18 |\n| | | | |\n\n85\n\n[cpe - description]\n\n| сре
17:15,16 | 147:11 | 120:22 121:7 | deducting 79:21 |\n|----------------------------------|----------------------|--------------------|----------------------|\n| craig 1:14 3:17 6:5 | dated 127:24 | 122:8,17 124:18 | deferred 78:3 |\n| 48:25 151:4 185:7 | daughter 141:23 | 125:3,5,12,18 | defers
1 રેરને તે |\n| 186:15 | 143:2 | 126:23 130:25 | define
82:19 |\n| 161:25
crazy | david 2:6 4:21 | 132:17 133:13 | definition 72:5 |\n| create
72:23 157:6 | 100:4 103:9 | 141:5 142:5,21,23 | 101:5 |\n| created
86:13 | day 39:9 44:24 | 143:5,12,15 144:3 | degree 17:7 18:16 |\n| 133:22 | 45:14,16 46:24 | 145:18 147:2 | 45:13 179:5 |\n| 141:19,20
creator | 47:8 51:13,14,15 | 148:13 150:14,18 | 18:19
degrees |\n| creditor
42:15 | 52:4,4 63:16 | 152:24 155:15 | delaware
176:14 |\n| 47:14 81:5,13,16 | 132:18 155:17 | 156:6,23 167:6 | 14:19
delayed |\n| creditor's 2:13 5:8 | 169:21 182:22,23 | 168:5,25 169:19 | department 19:22 |\n| 165:17 | 185:2 186:19 | 171:16 172:2,14 | 19:22 20:7 22:2 |\n| creditors 20:19,19 | 188:19 | 172:19 174:12,19 | 64:23 |\n| 21:9 67:2 86:16 | 14:25 72:11
days | 178:14 180:11,14 | depend 52:11 |\n| 86:23 171:6 | 75:12,19,21 82:17 | 180:16,24 181:4 | depending 42:8 |\n| crises
52:7 | 82:21 83:22 92:23 | 183:3 184:11 | 51:23 78:24 79:4 |\n| 138:8
cross | 145:4 183:22,24 | debtor's 38:23 | 158:19 |\n| crosschecked | deadline 81:10,13 | 47:25 48:18 49:2 | depends 78:18 |\n| 136:22 | deal
80:6 | 58:9,11,13 62:4,18 | 168:12 171:25 |\n| cumulative 69:7 | 167:22,23,24
debt | 63:4 74:20 79:8 | depicted 136:24 |\n| 134:17,18 | debtor 1:7 5:5 | 79:20 87:15,25 | deposition 1:14 |\n| curious
88:14 | 16:9,13,15,20,23 | 106:15 108:10,19 | 3:12,17,23 6:22,25 |\n| 88:17
current | 20:11 21:5,6 | 108:22 111:16 | 7:6 10:16,24 |\n| 118:20 | 25:16,22 36:15 | 123:20 141:23 | 11:22 13:4,21 |\n| currently 18:21 | 37:11,20,25 38:3,9 | 144:10 164:9 | 14:23 15:7,17 |\n| 88:7 122:9 134:16 | 38:22 39:15 42:16 | 166:9,19 167:15 | 16:5,10,11 27:25 |\n| 171:21 | 45:13 52:14,25 | 171:20 172:16 | 28:20 41:12 45:23 |\n| cycle
155:6,10 | 54:19,25 57:10,10 | 175:19 187:8 | 49:21 137:20 |\n| d | 57:12 58:16 62:15 | debtors 20:18 42:4 | 187:5 |\n| d
81:14 109:22 | 70:22,22 76:6,8,12 | 48:6 | depositions 40:14 |\n| 128:3 186:2 | 76:21 77:3 78:19 | december 74:24 | 42:9
deposits |\n| 187:17 | 79:23,25 80:4 | 77:7 161:18 | describe 46:17 |\n| 162:5,7
data | 82:8 84:12,14 | decide
103:10 | 58:20 155:8 |\n| date
1:10,16 10:18 | 88:23 94:4 101:8 | decision 37:12 | described 70:14 |\n| 32:19 35:13 44:20 | 101:11,16 108:16 | 39:12 87:14 | 103:21 104:10 |\n| | 111:18 113:18 | 102:13 141:4 | 128:5 136:2 |\n| 48:4 67:19,20
71:4 75:12 86:3 | 114:3 115:15,21 | declaration 62:19 | 142:10 169:25 |\n| 87:20 93:15 111:9 | 116:5,6,10,12 | declared 40:18 | description
114:7 |\n| 129:12 131:17 | 117:7 118:5,14,16 | deductible
78:2 | 138:11 187:4 |\n| 137:15 139:25 | 118:24 120:15,16 | 79:2,7 | |\n| | | | |\n\n#### **[descriptions - due]**\n\n| descriptions | 70:16,25 91:6,8 | 106:10,21 126:11 | 109:7,12 129:5,8 |\n|-----------------------|----------------------|-----------------------|----------------------|\n| 136:10 | 92:11,15 | 139:13 143:13 | 182:25 |\n| designated
12:2,7 | direct
29:10,16 | 155:22 165:10 | dog
103:13 |\n| designation | 105:20 130:2 | discussions
43:13 | dogs
89:12 |\n| 165:23,25 | directed
28:10 | 43:15 106:5 | doing
7:18 22:18 |\n| detail
145:8 | 88:23 182:3 | 113:11 137:21 | 51:8 60:2 61:19 |\n| 160:19,23 | directly
104:15 | dismissed
70:12 | 61:21 78:17 88:17 |\n| detailed
27:15 | 143:11 | disparity
164:8 | 91:16 157:17 |\n| 160:10,13 | director
51:4,4 | displayed
161:4 | 162:13 176:6 |\n| details
135:24 | disagree
81:17,19 | dispute
28:3 29:19 | 182:13 |\n| 163:6,18 | 170:3,4 | 29:20 130:6 | doj
161:10 |\n| determination | disbursed
155:16 | distinct
74:5,14 | dollar
154:14 |\n| 38:5 39:3,12 | disbursement
62:9 | distribution
136:8 | dollars
96:5 |\n| 87:17 101:10 | 72:5 117:17 | 136:14 138:13 | 125:15 126:8 |\n| 137:5 | disbursements | distributions | 132:21,22 133:23 |\n| determine
87:13 | 52:17 54:4,15,16 | 139:6 | 133:24 146:20 |\n| 156:3 | 54:24 63:16,20 | district
1:2 3:20 | 154:12 159:16,16 |\n| determined
72:25 | 67:2 68:22 73:2 | divided
141:13 | 159:18 164:12 |\n| determining | 77:14 86:19 91:14 | division
1:3 3:21 | 177:2 183:24,25 |\n| 178:15 | 91:15 92:15 137:8 | docket
48:10 | double
73:2 |\n| develop
67:5 | 157:10 184:16 | 93:19 97:7 100:20 | 110:18 134:23 |\n| developed
183:20 | disclaimers | 111:6 131:24 | doubt
114:20 |\n| developing
87:24 | 111:15 | document
10:20 | draft
88:7 98:14 |\n| development
86:7 | disclose
46:21 | 32:14,15 33:3 | 107:23 114:19,20 |\n| difference
38:8 | 83:9,16 | 35:9,16 48:6,12,15 | 126:13 130:15 |\n| 41:23 108:6 | disclosed
84:6 | 48:23,24 55:12 | 136:17 140:24 |\n| different
41:21 | 161:4,5 | 93:18,21 94:11 | 141:16 142:15 |\n| 42:18 51:22 52:2 | disclosing
29:7 | 96:25 100:20 | drafted
31:19 |\n| 77:21 80:5 108:2 | 118:22 182:14 | 101:19 105:19 | 43:11,16 112:25 |\n| 108:3,16 144:18 | disclosure
68:25 | 107:21 109:4 | drafter
138:17 |\n| differing
51:22 | discovery
40:13 | 111:5,11 112:9,21 | drafting
31:22 |\n| difilippo
2:22 4:2 | discreet
89:4 | 127:18 128:25 | 46:2,5 98:13 |\n| digit
110:15,15 | discuss
8:13 | 131:24,25 135:10 | 103:10 105:22 |\n| digital
120:19 | 147:19 | 140:9 141:21 | 112:11 124:5 |\n| diligence
179:8 | discussed
85:23 | 146:10 147:16,19 | drafts
32:4 62:21 |\n| dip
14:9 28:24 | 94:5 98:20 106:19 | 147:21 154:22 | driving
161:24 |\n| 54:20 61:22 62:14 | 127:15 130:4 | 155:3 | 172:13,14 |\n| 63:19,23 64:2,4,10 | 143:7 | documents
13:9 | drop
41:10 |\n| 64:16 65:3,11,15 | discussing
132:3 | 13:13,16,17,23 | due
44:23 45:7 |\n| 65:19,22,24 66:3,6 | discussion
11:17 | 27:22 57:8,15,16 | 55:3 69:11 70:19 |\n| 66:15 68:2,20 | 15:24 99:15 | 57:20 105:11 | 75:7 81:22 179:8 |\n| | | | |\n\n[dues - exactly]\n\n| dues
107:10 | effectuating
63:20 | engagement 23:5 | 61:2
essentially |\n|------------------------------|-----------------------|----------------------|----------------------|\n| 5:22 186:5
duly | 91:14 | 23:7 24:2,10,19 | 158:14 |\n| 188:10 | efficient 53:8 | 25:6 26:4,11 | establish 62:2 |\n| duties 41:20 43:2 | efficiently 52:5 | 30:12,14 31:16,22 | 81:21 156:17 |\n| 43:20,21 50:24 | eight
166:3 | 32:5 34:9 36:5,9 | established 74:13 |\n| 55:691:25 93:4 | either 42:17 81:5 | 40:5 43:12 44:2 | estate 42:20 53:4 |\n| e | 101:9 103:16 | 45:2 46:3,5 50:15 | 54:21 62:25 68:25 |\n| | 104:22 110:17 | 51:25 52:2 55:15 | 70:24 73:17 74:3 |\n| 2:2,2 5:21 6:5
e | elapsed
39:11 | 55:16 84:15,19 | 74:14.14.18.21.23 |\n| 13:11,23 14:2,4 | elect 74:25 75:2,13 | 171:10 180:2 | 74:23 76:9,10,14 |\n| 15:20 26:9,13,13 | 75:18 | engagements | 77:20,24 78:19 |\n| 27:9,10 30:19 | election
19:18 | 166:17 177:16 | 79:24 80:4,7,8,10 |\n| 32:17 34:3 35:11 | electricity
107:11 | english 127:13 | 81:23 83:3 94:22 |\n| 35:19 37:18 38:6 | electronic
15:19 | 174:21 | 107:6 113:19,22 |\n| 39:7.9 41:17 | electronics
100:24 | ensure 73:12 | 114:4 147:6 157:2 |\n| 49:22 59:11 81:14 | 119:17 | 136:23 | 175:9,11 181:10 |\n| 99:19 104:23,24 | eliminate
131:13 | entire 79:14,14,18 | estate's
87:25 |\n| 106:9 112:24 | 150:21 | entirely
79:6 | estates
74:4 |\n| 117:5 129:9,10,15 | eliminated
150:20 | 138:23 139:6 | estimate
105:21 |\n| 129:17,24 130:11 | 150:22 | 157:10 172:9 | estimated 71:13 |\n| 131:15 132:22 | emphatically | 42:3
entities | 106:12 |\n| 139:23 141:2 | 181:2 183:7 | 179:19 | estimates
73:11 |\n| 147:9 151:13 | empirical 154:9 | entitled 1:16 48:6 | estimating 73:7 |\n| 152:9 155:16,25 | employ 14:8 38:21 | entity 74:5 103:15 | 97:14
etcetera |\n| 160:18 162:19 | 48:8,19 49:3 | 114:24 119:25 | 120:5 |\n| 163:8 169:4 | 90:11,17 168:6 | 126:22 154:14 | 114:13
evaluation |\n| 173:15 180:8,10 | employed 18:21 | 183:10,10 184:4 | 68:2
event |\n| 180:19,22 181:21 | 36:15 37:11,20 | entries 148:7,16 | 103:21
events |\n| 181:25 182:2,4 | 38:9,11,16 90:14 | equitable 113:15 | 104:10 |\n| 186:2 187:2,6,7,11 | 91:25 | 125:23
erroneous | everybody 60:21 |\n| 187:12,13,14,17 | 28:17
employee | 159:11 | 75:9 93:7 156:8 |\n| 188:2,2 | employees 28:22 | erroneously
125:5 | 175:18 |\n| earlier 68:10 94:5 | 29:2,5 42:5,23 | 125:14 | everybody's 45:2 |\n| 100:7 | 50:20 182:11 | 110:22
error | 69:8 |\n| easy
73:2 | employment 38:14 | 161:7 184:13 | everyone's 46:2 |\n| edits
135:15,16
140:23 | 89:7,8 | 136:4
errors | 147:3 162:15 |\n| | endeavor 124:10 | escrow 91:7,20,21 | evidence 87:11 |\n| educated 155:22 | ended 183:23 | 91:22,24 | exactly 53:7 58:9 |\n| education
17:18 | engaged 20:11,15 | esq 2:5,6,6,10,15 | 115:4 117:4 |\n| educational 17:3 | 20:16 24:23 166:6 | 2:19 | 130:22 159:13 |\n| effectively
38:4 | 179:10 | | 181:25 |\n| | | | |\n\n[examination - file]\n\n| examination
5:25 | expectation | 27:21
expose | fear 28:5,6 |\n|-----------------------|-----------------------|-----------------------------------|---------------------|\n| 100:2 103:4 | 106:22 | extent
22:12 60:5 | feasibility
86:8 |\n| 153:10 154:16 | expected 33:5,13 | 65:4 78:3 83:8 | 87:3,7,9 |\n| 165:14 185:9 | 123:20 | 113:6 137:12 | feasible
87:16 |\n| 187:18 188:9,11 | 136:18
expense | 143:17,18 146:23 | february 45:8 |\n| examined 5:24 | 1 રેત-8 | 100:21
extra | 63:14 69:3 72:9,9 |\n| 101:3
example | expenses
71:13 | 110:15 162:10 | 77:6 122:22 125:4 |\n| 109:3 163:20
excel | 72:4 77:15,17,18 | f | 129:22 132:17 |\n| 169:2
excess | 78:23,25 79:7 | | 133:11,12,25 |\n| exchanges 181:25 | 105:22 106:12,16 | 81:14 109:17,18
ﺎ | 134:3 140:14,14 |\n| 160:4
excluded | 106:23,23 107:2,3 | 188:2 | 152:22,23 154:21 |\n| excluding -
125:21 | 107:9,15 108:10 | fa
41:19 | 154:21 155:10,11 |\n| excuse 11:10 | 108:15,20,23 | 102:24
face | 156:15,17 159:9,9 |\n| 51:14 123:16 | 117:6 123:2 | fact
115:25 182:21 | 159:19,23 160:7 |\n| 126:12 137:22 | 124:11 129:22 | 15:24 60:5
facts | federal 11:2 19:17 |\n| 153:14 174:23 | 130:9 133:5,15 | 99:10,13 113:9 | 19:18 73:17 76:12 |\n| exhibit 7:7 10:14 | 134:10 136:24 | 114:8 146:15 | 79:14.16,18 |\n| 10:17 32:14,18,21 | 140:13 147:7 | 147:4 | 73:13 123:3
fee |\n| 35:8,12 41:6 43:6 | 148:7,16 149:17 | factually 150:15 | 157:7,8,9 |\n| 47:24 48:3 91:4 | 149:24 152:21 | 42:25 53:16
fair | feel 48:11 67:3 |\n| 93:12,14 111:4,8 | 183:4,11,12,22 | 59:20,23 60:22 | feeling 41:18 |\n| 128:24 129:11 | 184:5 | 72:16 78:15 84:21 | 142:2 178:22 |\n| 131:7,16,21 | experience 7:21 | 88:24 94:19 96:9 | fees 33:18 53:9 |\n| 133:16 134:7 | 20:24,25 64:4,7 | 97:19 103:20 | 54:24 62:6 68:2 |\n| 135:11,14,18 | 82:3 164:4,6 | 104:6 106:13 | 69:8,11 70:21 |\n| 136:18 139:24 | 177:16 | 130:13 134:20 | 72:24 77:18,25 |\n| 140:7 141:17 | expert 22:19,19 | 136:21 145:12 | 156:4,24 163:3 |\n| 142:15 144:14 | 40:11,19 41:2 | 160:9 | 175:4,8 |\n| 147:10,15 159:7 | 91:12 165:20 | 44:8
fairly | felt 132:24 |\n| 182:6 187:3,3,5,6 | 166:16 | familiar 7:23 | fiduciaries 20:17 |\n| 187:7,8,9,10,11,12 | expertise
166:6,17 | 12:10 89:21 | figure 136:5 |\n| 187:13,14 | expired
69:15 | family 19:15 58:8
103:13 118:9 | 155:19 |\n| exhibits
187:3,15 | 36:24
explain | 129:8 132:16 | figured 160:23 |\n| existed
101:23 | 41:22 70:2 82:13 | | 162:16 |\n| 179:12 | 108:5 132:8 148:6 | 143:18
far | file 29:5 38:15,20 |\n| existence 57:7 | 150:8 159:12 | 6:21 67:14 | 40:11 52:25 53:3 |\n| 143:17 | explained 37:15 | 171:21 173:12 | 74:8,16 75:6 76:6 |\n| exists
172:7 | explanation | 139:17
fast | 76:11,11,16 77:23 |\n| expect 51:7,19 | 144:15 | father 118:18 | 78:14 81:5,7,16,20 |\n| 175:16 | explicit 66:2 | 143:20 | 89:6 137:22 |\n| | | fault 73:8 | 163:11 175:21 |\n| | | | |\n\n[filed - francis]\n\n| filed 3:19 13:9 | 179:6,18 | 62:23 87:13
flows | 112:22 113:24 |\n|-----------------------|----------------------|----------------------|-----------------------|\n| 28:24 42:7,8,9 | 4:8
financially | fluid
104:20 | 118:4 122:18 |\n| 45:3 48:10 49:7 | 87:16 | 13:7 30:18
flynn | 125:3,14,16 126:3 |\n| 55:22 62:19 63:14 | financing 14:10 | 45:6,16 49:15,16 | 127:7 130:16 |\n| 68:12 69:23 75:8 | 28:25 54:20 | 50:5 56:4,24 | 132:11 133:18,22 |\n| 75:24 76:5 84:4 | find 40:10 117:25 | 112:17 129:18,19 | 134:15 135:3 |\n| 93:19 100:10 | 156:18 | 149:15,19 150:2 | 141:18 148:20 |\n| 111:5 122:22 | finish
8:19 | 150:24 151:11,14 | 149:7 152:11 |\n| 125:4,14,18 | finished 54:11 | 181:18 | 156:13 157:20 |\n| 131:24 135:3 | firm
4:3,5 21:24 | flynn's 46:10 50:7 | 166:12,22 170:12 |\n| 160:21 161:23 | 22:13 24:16 39:18 | 151:8 | 170:22 177:25 |\n| 167:4 168:16 | 40:3,25 51:5 | 44:20
focused | 187:9 |\n| 181:12 | 52:15 56:2,15 | focusing
46:6 | forms 98:16 |\n| files
80:10 | 112:15 139:14,14 | 108:18 | forth
101:7 112:13 |\n| filing 32:24 61:11 | 156:2 172:13 | folks 15:15 25:6 | 188:10 |\n| 63:12 73:23 75:12 | 176:9 | 29:24 30:10,14 | forward 63:17 |\n| 82:17 92:23 96:9 | firms
62:7 134:7 | 49:14.24 129:21 | 68:17 69:6 75:14 |\n| 96:12 98:23 | first 5:22 16:18 | follow
164:18 | 108:13 134:19 |\n| 113:23 132:3,6,18 | 19:3 21:23 43:16 | following 44:25,25 | 157:4 163:3 |\n| 138:2 | 43:22 44:6,9,21,24 | 148:7,15 | 133:22
found |\n| filings 56:7 73:18 | 45:14,25 46:24 | follows 5:24 | 145:3 146:14,18 |\n| final 62:22 87:17 | 47:8 51:13,14,14 | food
119:3 | 150:15,17 182:24 |\n| 133:15,24 135:17 | 51:15 55:17,18 | fool
178:19 | four 15:12 19:2,3 |\n| 135:21 136:3 | 69:23 73:9 75:19 | 186:8
foregoing | 19:23 21:18 82:23 |\n| 137:24 140:12,20 | 89:3 93:25 94:14 | foreseeable 124:22 | 161:22 165:25 |\n| 140:22 141:4 | 105:3 112:3 | 102:19
forget | foxboro 6:9 |\n| 144:8 159:8 | 122:21 129:23 | 11:10
forgot | frame
34:25 |\n| 183:21,21 | 130:25 139:10 | form 22:16 34:10 | 118:23 146:23 |\n| finally 46:13 | 149:14 161:13,14 | 37:16 39:5 54:5 | 154:5 |\n| 162:16 | 162:3 180:9 186:5 | 57:22 58:18 62:10 | francis 25:18,23 |\n| finances 61:12 | fit 89:13 | 64:14 66:13 72:6 | 26:2,10 30:2,6,7 |\n| 63:12,15 | fitting 101:4 | 72:21 77:4 78:21 | 31:4,8 32:9 56:17 |\n| financial 14:5 21:4 | five 39:10 128:2 | 80:25,25 81:2,3 | 57:3 59:3,5,18 |\n| 21:6 22:15 34:7 | 128:15 141:8 | 84:25 88:3 91:9 | 99:2,7 102:11,20 |\n| 36:23 37:6 39:8 | 161:22 | 92:2 93:5,13 94:2 | 102:21 103:17 |\n| 40:20 41:20 42:25 | 161:7 184:13
fix | 94:21 95:9 96:10 | 104:12,15 105:4 |\n| 48:9,20 49:4 54:6 | flavors 17:15 | 98:13,14,15,19 | 105:14 106:7 |\n| 55:20 62:4,5 | 2:4
floor | 102:8 103:24 | 109:25 112:15 |\n| 64:22 111:17 | flow
61:10 62:13 | 104:13 106:18 | 124:2 129:19 |\n| 112:5 166:10,19 | 62:13 69:21 86:18 | 108:21 109:15 | 135:23 139:8 |\n| 168:3 178:14 | | 110:20 111:22 | 143:13 148:4,12 |\n| | | | |\n\n# [francis - hampshire]\n\n| 152:9,13 156:3 | general
88:21 | god
47:14 | golden 2:17 5:16 |\n|----------------------|--------------------|--------------------|-------------------------------|\n| 157:16 180:9,18 | 100:15 155:8 | goes 7:18 43:19 | 26:18 27:17,18 |\n| frankly 33:12 | 163:9 | 79:5 101:6 124:18 | 28:7,10,14,17,23 |\n| 150:12 | generally 13:25 | 156:22 | 29:6 57:23 58:3 |\n| fraudulent 82:10 | 18:24 21:19 22:8 | going 3:3 10:13 | 179:6,9,12,24 |\n| 82:20 171:18 | 24:2 25:5 36:24 | 32:12 35:7,8 | 180:5,6,7,10,15,20 |\n| 48:11
free | 44:12 50:24 55:2 | 36:14 37:5,10,19 | 181:16,20 182:9 |\n| frequently 39:20 | 55:14 57:4 66:3 | 37:24 39:15 40:8 | 182:15,19,19 |\n| 40:2,5 42:15 | 66:23 70:2 73:8 | 40:10,10 41:9 | 183:4,8 184:6 |\n| 64:25 73:5 | 74:24 80:23 82:14 | 44:9 45:5,20 47:3 | goldman 2:15 5:6 |\n| front 15:9 44:18 | 90:12 109:10 | 47:23 52:3,12,22 | 5:6 6:20 7:10 27:3 |\n| 162:23 180:23 | 110:10 115:6 | 53:7,13 54:2,3,7,8 | 28:4 29:8 85:14 |\n| fuel
163:24 | 49:23
getting | 54:9 59:2 68:17 | 164:17,23,24 |\n| full
19:8 73:10 | 86:23 135:20 | 68:18,19,21 69:5,6 | 165:15,16 184:22 |\n| fully
12:20 | 137:21 176:4.8 | 69:24 70:19 73:23 | 185:3 187:21 |\n| function 87:24 | 179:21 | 76:8,18,19 77:6,9 | golf 123:4 |\n| fund 2:4 4:20 6:14 | 120:21
gettr | 78:22,23 80:5,15 | good 3:2 6:10 44:8 |\n| 10:24 | 10:6 14:25
give | 85:8,14 87:2,3 | 165:16 |\n| funding 127:23 | 147:24 152:20 | 89:5 91:18 92:20 | goods 100:25 |\n| 128:17 184:5 | 153:2 161:6 | 92:23 93:8,11 | 119:16,19 |\n| funds 70:17 | 164:25 | 96:24 106:24 | graduate
18:18,19 |\n| 108:12 130:23 | given 105:14 | 107:12,18 108:13 | graduated 17:4,6 |\n| 138:12 155:16 | 131:22 134:25 | 111:3 115:4 | gratuitous 37:7,8 |\n| 175:23 | 182:11 185:6 | 118:22 123:9,10 | 164:8
great |\n| furnishings | 186:10 188:12 | 123:13,23 124:12 | greenwich 113:20 |\n| 100:25 | 75:11
gives | 124:13,14,17 | 123:9,14 150:13 |\n| further
163:5 | glasses
11:11 | 128:23 129:15,23 | 152:16 153:16,24 |\n| 184:23 186:8 | 14:6,7
global | 131:19 134:19 | group 26:14 113:3 |\n| 188:13 | 51:10,11 111:7,14 | 139:15,16 143:6 | 143:7 144:8 153:8 |\n| future 69:23 78:4 | 111:24 187:10 | 147:14 149:2 | 120:20
gtv |\n| 78:5,8,12,20 85:3 | go 3:14 7:22 11:12 | 151:22 155:18,18 | guess 15:8,12 19:3 |\n| 86:19 87:13 | 28:2 38:12,13 | 155:19,20 156:15 | 77:5 127:2,3,6 |\n| 124:22 157:18 | 40:13 44:17 53:6 | 156:16,18 157:22 | 149:8 |\n| g | 54:19 90:18 | 157:22,24 158:2,6 | guessing
66:8 |\n| 5:21 | 103:25 107:5 | 158:12,21,23 | guidance
161:6 |\n| g | 111:23 114:4 | 159:3 161:5 163:3 | 170:24
guy |\n| garbage 61:3,3,5,6 | 122:3,20 124:18 | 163:14 168:21 | h |\n| 107:12
gas | 139:15,16,19 | 169:16,18 170:25 | |\n| gasoline
117:9 | 144:7 156:21,22 | 171:5,11 175:10 | 23:16 187:2
h
half 93:7 |\n| gathered 29:4 | 164:21 176:25 | 175:23,25 177:8 | |\n| 123:17 | 183:20 | 181:9 | hampshire
176:16 |\n| | | | 176:24 |\n\n# [hand - increase]\n\n| hand 27:24 32:12 | 174:15 | hoping
148:25 | 116:25 117:18 |\n|-------------------|------------------------|-------------------|-------------------|\n| 34:22 47:23 93:11 | hearings
46:15 | 149:3 175:6 177:8 | 118:9 123:2,5 |\n| 110:9 111:3 | 21:13 | hospital 122:4 | 173:13 |\n| 117:21 128:23 | heat
107:11 | 59:12
hot | immediately 44:25 |\n| 130:22 131:20 | 1:17 3:23
held | hotel
114:17 | 9:25
impair |\n| 146:7 188:19 | 11:17 23:2 165:10 | 15:13
hour | important 8:18 |\n| handing 147:14 | help 24:13 46:7 | hours
15:11,11 | 75:3 132:24 168:6 |\n| happen 47:13 52:3 | 57:7 137:4 | 39:10 67:21 | 172:11 174:7 |\n| 52:12 69:3 89:12 | helped
137:9 | 164:19 166:2 | inadvertent 133:6 |\n| 89:13 162:17 | helpful 14:14 | house 101:25 | 134:6,22 |\n| happens 80:3 | 38:25 137:4 138:8 | 149:17 | inadvertently |\n| 81:15 82:22 | helping 100:9 | household 97:25 | 125:12 132:16 |\n| 178:11,12 | 169:11
helps | 100:24 101:4,15 | 133:21 134:2 |\n| harassed 143:15 | hereinbefore | 102:5 119:16,19 | inappropriate |\n| harassment 27:21 | 186:11 188:10 | housekeeping | 29:9,16 |\n| 28:5,6 | hereunto 188:18 | 144:20,23 | include 22:18 |\n| harbach 2:6 4:21 | 163:14,24
hev | huh
8:25 | 80:11 94:16 |\n| 4:21 23:12 41:13 | high 17:3,5 19:10 | human 110:21 | 107:14 122:15 |\n| 59:13 85:16 99:20 | 19:24 94:14 | hundred 64:9 | included 65:14 |\n| 99:25 100:3,5 | hill 179:24 180:5 | 138:21 139:4 | 125:15 132:23 |\n| 103:2 147:24 | hire
80:5 | 141:13 142:22 | 133:19 134:2,5,13 |\n| 152:5 153:11 | 90:5
hired | 143:6,24 144:2 | 134:23 137:14 |\n| 165:6 180:6 | hiring
40:25 | 146:20 168:15 | 150:25 151:25 |\n| 187:19,20 | history 17:3 | husband
141:12 | 159:11,17 160:11 |\n| hard 127:12 | hit
162:7 | 142:8 145:14 | includes 19:6 |\n| haven 2:18 116:2 | hits
73:7 | i | 61:23 62:12 |\n| 116:15 | 1:5 2:9 3:18 5:5
ho | idea 7:19 44:8 | including 39:22 |\n| hazard 15:8 | 11:6 94:4 111:18 | 67:23 90:17 | 40:14 61:11 70:24 |\n| hch 152:22 | hold 18:11,18 | 126:24 151:20 | 86:7 115:16 |\n| head 8:24 155:4 | 36:14 37:10,19 | identification | inclusion 125:24 |\n| heading 11:22 | holding 114:25 | 10:17 32:19 35:13 | income 52:25 53:3 |\n| health 121:18,22 | home 6:7 107:8,9 | 48:3 93:15 111:9 | 53:5 62:15 63:5,9 |\n| 121:24 122:2,8 | 118:19,25 | 129:12 131:17 | 73:17,24 74:16,17 |\n| hear 127:13 | homeowner's | 139:25 147:11 | 74:20 76:15,17,22 |\n| 171:14 | 154:10 | identified 7:12 | 77:8,11,12 78:8 |\n| heard 45:24 82:21 | homeowners | 103:22 104:8 | 79:20 87:25 125:5 |\n| 104:15 127:15,17 | 107:7 | 134:7 181:23 | 125:16,21 |\n| 182:9 | 119:5 154:8
homes | identity 26:18 | incorrect 125:18 |\n| hearing 45:17 | honestly 12:21 | 27:23 28:16 74:8 | increase 141:8 |\n| 46:14 47:9 51:15 | hope 64:3 100:22 | imagine 54:18 | 142:12,17 145:24 |\n| 123:18,19 127:18 | 159:4 171:2 | 61:25 66:22 | |\n| | | | |\n\n#### **[increased - issues]**\n\n| increased
142:14 | 139:7,12 145:2 | 122:2,8 146:4,12 | investigated |\n|-----------------------|-----------------------|------------------------|-----------------------|\n| 144:13 | 146:10 152:10 | 146:19 148:8,17 | 101:22 110:11,24 |\n| increasing
141:10 | 153:3 155:13,14 | 150:3,4,11,12,16 | investigation
40:7 |\n| 143:23 145:10 | 156:20 157:14 | 150:17 152:15 | 40:9,22 59:16 |\n| incurred
142:6 | 158:20 174:4 | 153:24 154:7,10 | 63:8 95:7 97:22 |\n| 177:7 | 176:3 177:22 | 158:21,22 | 102:9 108:24 |\n| independent
63:8 | 183:19,19 184:9 | intellectual
120:7 | 115:6,18 119:14 |\n| 95:6 97:21 114:10 | informed
44:2 | 120:13,15,18 | 119:22 128:11 |\n| 119:13 122:5 | 99:13 103:16,18 | intend
171:24 | 157:18 158:9 |\n| 123:19 128:7 | 103:19 104:16 | intended
32:25 | 179:15 183:15 |\n| 152:10 | 180:11 | 34:19 40:4,6 62:7 | investigations |\n| indicate
7:2 | informs
127:5 | 89:15 110:20 | 114:11 |\n| indicating
135:12 | initial
140:23 | 125:19 | investment
177:4 |\n| 137:18 152:6 | 141:20,21 | interact
16:23 | 177:6 |\n| 161:19 162:11 | initiated
25:12 | 22:3 | invoice
158:8 |\n| individual
21:8 | input
43:21 59:6 | interaction
146:17 | involved
20:7 |\n| 24:15 41:2,19,23 | 72:22 114:22 | interactions
15:2 | 31:21 49:15,17,20 |\n| 43:4 70:4 74:3,4,6 | inputting
162:4 | interest
20:22 | 50:21 52:24 53:4 |\n| 74:15,15,16,17 | inquire
153:23 | 53:11 77:20 80:3 | 55:24 56:6,20 |\n| 75:23 77:2,19 | inquiries
51:16 | 87:12 113:16 | 57:24 59:7 65:10 |\n| 164:4,11 183:23 | inquiry
161:9 | 119:10 120:7,18 | 65:18 90:9 100:8 |\n| individual's
27:20 | 163:16 | 121:16 147:5 | 101:13 105:22 |\n| individually
79:24 | insiders
82:19 | interested
4:9 | 109:6,9 132:4 |\n| individuals
19:5 | insolvency
17:24 | 22:15 41:17 49:10 | 178:7 179:21 |\n| 42:19 57:8 85:5 | 18:5,6 19:4 21:24 | 151:3 178:4 | involvement
115:9 |\n| 158:16 | 165:19 166:16 | 188:16 | iphone
103:11 |\n| industry
60:17,21 | instance
62:3 89:9 | interests
101:11 | irrespective
70:19 |\n| inform
124:3 | 138:15 | 115:13 | irs
76:19 89:10 |\n| information
12:20 | instances
40:19 | interfere
3:11 10:5 | irve
2:15 5:6 |\n| 22:16 24:16 29:3 | 164:6 | interference
3:9 | 164:24 165:16 |\n| 29:7 30:22,24 | institutions
64:23 | internal
25:6 | island
176:15,21 |\n| 31:3,9,12 58:10 | instructed
43:7,9 | 80:14 | issue
27:23 73:6 |\n| 59:6,16 69:24 | instructing
26:21 | internally
13:10 | 75:10 82:23 |\n| 85:7 94:4 98:11 | 26:23 27:12 | interpreter
127:14 | 124:23,23 150:5 |\n| 99:11,17 104:11 | instruction
29:10 | interrelated
113:7 | issued
54:7 |\n| 105:3,7,12 110:6 | instructor
18:5 | interrupt
41:8 | issues
18:3 27:24 |\n| 116:9 124:10,14 | instructs
9:21 | introduce
174:16 | 40:24 44:8 52:6 |\n| 124:16,20 127:5 | insufficient
8:25 | investigate
102:14 | 53:15 72:3 110:11 |\n| 133:2 135:2 | insurance
69:14 | 105:17 110:25 | 147:20 174:6 |\n| 136:13 137:3,12 | 107:8 117:10 | 113:10 124:17 | 182:12 |\n| 137:19 138:3,7 | 121:17,18,22,24 | 168:19 | |\n| | | | |\n\n85\n\n| [item - know] |\n|---------------|\n|---------------|\n\n| item 55:5 61:16,20 | 36:1 37:1 38:1 | 149:1 150:1 151:1 | keypunch
98:19 |\n|--------------------------|--------------------|-------------------|---------------------|\n| 63:11,18 64:13 | 39:1 40:1 41:1 | 152:1 153:1 154:1 | keypunched 98:16 |\n| 66:12 68:6,16 | 42:1 43:1 44:1 | 155:1 156:1 157:1 | kids |\n| 73:15,20 80:16,21 | 45:1 46:1 47:1,24 | 158:1 159:1 160:1 | 138:25 |\n| 82:7 83:6,19 | 48:1,2,11,25 49:1 | 161:1 162:1 163:1 | kind 20:22 88:24 |\n| 84:11,24 85:18,22 | 50:1 51:1 52:1 | 164:1 165:1 166:1 | 116:17 118:17 |\n| 86:2,6 87:7,21 | 53:1 54:1 55:1 | 167:1 168:1 169:1 | 122:12 134:22 |\n| 88:15,20 89:19 | 56:1 57:1 58:1 | 170:1 171:1 172:1 | 188:4
kings |\n| 91:5 92:19 94:14 | 59:1 60:1 61:1 | 173:1 174:1 175:1 | 45:20 105:6
knew |\n| 94:15,16 95:4,7,23 | 62:1 63:1 64:1 | 176:1 177:1 178:1 | 113:9 178:16,18 |\n| 95:24 96:2 97:11 | 65:1 66:1 67:1 | 179:1 180:1 181:1 | 182:22 |\n| 97:13 103:11,12 | 68:1 69:1 70:1 | 182:1 183:1 184:1 | know 7:16 9:10 |\n| 103:13,14 104:2,2 | 71:1 72:1 73:1 | 185:1,7 186:15 | 22:4 30:12 31:7 |\n| 111:20 113:17 | 74:1 75:1 76:1 | 187:3 | 31:17 33:19 34:13 |\n| 127:22 142:14 | 77:1 78:1 79:1 | 1:6
jam | 34:18 36:7 38:16 |\n| 144:12,20 146:12 | 80:1 81:1 82:1 | january
161:18 | 38:16,22 39:13 |\n| 152:4 | 83:1 84:1 85:1 | 13:8 31:25
10 | 41:4 43:18 47:3 |\n| 89:16 96:21
items | 86:1 87:1 88:1 | 49:16 50:0 56:5 | 50:3 52:3,21,22 |\n| 97:24,24,25 98:7 | 89:1 90:1 91:1 | 56:24 112:17 | 53:9 57:23 58:2,3 |\n| 99:12 101:3,12,15 | 92:1 93:1,12,14,22 | joint 86:13 | 58:12 60:4,9,25 |\n| 102:5,22 103:22 | 94:1 95:1 96:1 | 2:22
jon | 62:21 64:9 65:16 |\n| 107:13 119:16,18 | 97:1 98:1 99:1 | jonathan 4:2 | 66:3,5,23,24 67:6 |\n| 119:23 121:8,11 | 100:1 101:1 102:1 | judge 29:9,13 | 72:19,23 76:7,17 |\n| 132:7 136:19,25 | 103:1 104:1 105:1 | 87:16 | 77:7,10,12,13 |\n| 137:13 160:11 | 106:1 107:1 108:1 | judges 22:14 | 79:10,12,13 80:14 |\n| 163:6,19 | 109:1 110:1 111:1 | judgment 37:22 | 83:23 84:5,10 |\n| J | 111:4,8 112:1 | 102:4 136:15 | 86:14 89:9,11,20 |\n| 2:10,15 5:21 6:5 | 113:1 114:1 115:1 | 17:9
june | 89:25 90:4 103:25 |\n| J
jalbert 1:15 3:1,18 | 116:1 117:1 118:1 | justice 64:23 | 104:3,4 107:10 |\n| 4:1 5:1 6:1,5,14 | 119:1 120:1 121:1 | justify
148:15 | 109:19 111:24 |\n| 7:1 8:1 9:1 10:1 | 122:1 123:1 124:1 | k | 115:3 116:3,3,4,5 |\n| 10:14,16,19 11:1 | 125:1 126:1 127:1 | keep 41:2 52:16 | 116:5,14,17 117:8 |\n| 12:11 13:1 14:1 | 128:1,24 129:1,11 | 59:14 107:12 | 117:8,10,20 118:7 |\n| 15:1 16:1 17:1 | 129:14 130:1 | 124:17 | 120:21 121:13 |\n| 18:1 19:1 20:1 | 131:1,16,20 132:1 | keeping 42:11 | 122:23,24 123:3 |\n| 21:1 22:1 23:1 | 133:1 134:1 135:1 | keith 20:6 | 125:8,13,20 |\n| 24:1 25:1 26:1 | 136:1 137:1 138:1 | ken
9:17 13:6 | 126:20 127:12 |\n| 27:1 28:1 29:1 | 139:1,24 140:1,7 | 14:16,21,24 | 145:15 150:11 |\n| 30:1 31:1 32:1,13 | 141:1 142:1 143:1 | kenneth 2:10 5:3 | 151:18,21 152:2 |\n| 32:18 33:1 34:1 | 144:1 145:1 146:1 | kept 7:17 162:10 | 152:13 154:7 |\n| 34:23 35:1,8,12 | 147:1,10,15 148:1 | | 157:21 159:3,21 |\n| | | | |\n\n# [know - llp's]\n\n| 161:2,15 166:21 | 122:13 124:4
lago | 160:5
legitimate | liquidate
171:5 |\n|----------------------|----------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------|\n| 168:11 169:4,5,17 | 124:21 | lenaya 1:19 4:5 | liquidated 88:2 |\n| 170:13 171:7 | lamp 126:8,20 | 188:6,21 | list 7:17 53:6 |\n| 172:16,19 173:7 | 127:16,20 179:14 | 20:20 21:7
lenders | 64:22 87:6 90:4 |\n| 173:20,25 175:5 | 179:15,24 | lengthy
58:24 | 107:4 154:4 |\n| 176:2 177:3,7 | land 113:16 | letter 31:16,22 | 155:19,20 157:24 |\n| 179:11 181:8,9,11 | language 114:23 | 32:5 43:12 75:13 | 159:23 172:7 |\n| 181:22 182:5,12 | large 30:20 59:8 | 76:3 | 173:4 |\n| 182:18,20,21 | 78:5 | level 53:12 72:25 | listed 12:3 72:19 |\n| 184:7,18 | 2:5 4:18
aura | 94:14 149:23 | 108:12 111:25 |\n| knowing 29:4 | 6:12 103:3,6 | રેતે રહ્યારે રહ્યા હતા. આ ગામના પાકની ખેતી કરવામાં આવે છે. આ ગામના લોકોનો મુખ્ય વ્યવસાય ખેતી ખેતી કરવામાં આવેલું એક ગામના લોકોનો મુખ્ય વ્યવસાય ખેતી ખેતી કરવામાં આવેલું એક
levels | 114:14 122:12 |\n| knowledge 12:15 | law 22:13 39:18 | liabilities 30:23 | 128:3 |\n| 12:19 41:3 59:9 | 112:15 134:7 | 94:3 111:17 | listen
124:7 |\n| 62:17 63:3.4 | lawyer 43:18 46:8 | 164:10,12 | listened
123:15 |\n| 91:10 102:10 | 86:20 102:17 | liability 157:5,6 | 108:13
listing |\n| 121:15 122:7 | 113:25 138:20 | life
169:23 | 160:23 |\n| 123:17,20,22 | 139:14 178:23 | likelihood
82:4 | litigation
19:6 |\n| 126:9 127:20 | lawyer's
40:7 | limitations 111:15 | 22:4,7,11,11 40:6 |\n| 128:7,21 133:20 | lawyers 22:20 | limited 5:17 90:7 | 77:9881:25 82:5 |\n| 140:12 152:10,20 | 25:12,14,16 39:21 | 163:9 178:17 | 85:19 88:2 127:23 |\n| 154:9 158:3 | 51:17 82:18 95:5 | line 5:13 44:18,18 | 128:15,17 170:19 |\n| 172:21 174:18 | 96:23 102:7 110:8 | 61:15,20 63:11,18 | 170:25 175:14 |\n| 184:15 | 125:17 126:2 | 64:12 66:12 68:5 | 178:18 |\n| 47:14
knows | 128:6 132:24 | 68:16 73:15,19 | little
14:19 16:25 |\n| kwok
1:5 2:9 3:19 | 136:16 139:14 | 80:16,21 82:7 | 21:25 24:3 46:17 |\n| 5:5 11:6 25:21,24 | 150:20 155:23 | 83:6,19 84:11,24 | 89:12,12 |\n| 32:16 35:9 94:4 | 158:3 159:2 | 85:17,22 86:2,6 | 146:22 150:18
live |\n| 102:6,23 103:14 | 170:18 172:22 | 87:7,21 88:15,20 | lives
118:15 |\n| 104:9 111:18 | 174:6 | 89:16,19 91:5 | 149:16,22 |\n| 119:24 122:16 | lead 51:5 | 92:19 94:14,16,22 | living 114:8 |\n| 129:2 138:23 | learn 30:5,7 | 95:3,7,13,15 96:2 | 129:22 133:15 |\n| 139:2 140:8 143:2 | leave
152:24,25 | 96:16,21 97:11 | 134:9 136:17 |\n| 147:17 | leaving 41:11 | 99:12 103:12,13 | 140:13 153:17 |\n| kwok's
30:3 | 102:7 144:4
left | 111:19 132:7 | 159:8 183:3,11,12 |\n| 119:10 145:17 | legal 2:22 101:8 | 136:19,25 137:13 | 184:5 |\n| - | 105:9 106:6 | 146:12 152:4 | llc 2:12 75:24 |\n| 5:21 6:5 23:16
- | 113:15 114:7,25 | 159:14,15 163:6 | 126:21 |\n| | 153:8 | 163:19 | llp 1:18 2:3,4,8 |\n| 186:2 | legally 76:2 | lines 95:19 104:4 | 3:24 |\n| lack
63:5 | 168:14 | 126:18 | llp's
10:24 |\n| 119:7,10
lady | | | |\n| | | | |\n\n#### **[loan - massachusetts]**\n\n| loan
63:23 64:2 | lowey
1:15 7:9 | lynch
1:19 4:5 | major
19:3 67:2 |\n|-----------------------|---------------------|------------------------------------|----------------------|\n| 65:11,15,19,22,25 | 10:25 13:24 15:16 | 188:6,21 | 89:15 |\n| 66:6,15 68:2 | 17:12 18:22,25 | m | makenzie
2:6 4:24 |\n| 70:16 | 20:6,10,15 21:16 | macdonald
49:19 | 34:21 146:7 |\n| loans
64:5,10 66:3 | 21:21 22:24 23:6 | maid
118:8 145:4 | making
73:11 |\n| located
3:24 101:5 | 23:18,25 24:17 | 145:4 158:24 | 101:14 102:3 |\n| 113:19 | 25:7 26:3 30:13 | maids
145:4 | 113:3 153:7 |\n| location
123:21 | 31:15 36:8,18 | mail
26:9,13,13 | 167:13 184:10,16 |\n| lodge
101:17 | 37:3,24 38:21 | 30:19 32:17 34:3 | manager
50:8,13 |\n| long
15:5 137:18 | 39:4,17 43:7 48:8 | 35:11,19 37:18 | managers
50:16 |\n| 139:15 160:20 | 48:20 49:4,18 | 38:6 39:7,9 41:17 | 51:19 |\n| 165:22 | 50:2,15,20 56:19 | | managing
51:4 |\n| look
31:25 35:15 | 57:2 58:15,21 | 104:24 106:9 | 70:16 |\n| 40:8 48:11 82:16 | 59:15,25 61:15,19 | 129:9,10,15,17,24 | mandarin
57:18 |\n| 111:23 152:15 | 64:12 65:9,13 | 130:11 131:15 | 174:20 |\n| 174:7 178:13 | 66:10 67:13,24 | 139:23 141:2 | mar
122:13 124:4 |\n| looked
13:22 70:7 | 71:12,18 72:17 | 147:9 151:13 | 124:21 |\n| 133:16 136:14 | 73:19 76:10,25 | 152:9 160:18 | march
23:22 45:8 |\n| 163:21 173:22,25 | 78:16 80:20 82:4 | 162:19 169:4 | 72:10,10 73:6 |\n| 174:8 181:21 | 83:5 84:17,22 | 173:15 180:10,19 | 122:25 134:15 |\n| looking
14:3 22:14 | 85:25 87:20,23 | 181:25 182:2,4 | 137:22 155:17,18 |\n| 22:16 69:17 | 93:3 94:6,10 95:3 | 187:6,7,11,12,13 | 156:16,18 |\n| 136:17 142:15 | 96:20 97:10,16 | 187:14 | mark
7:6 35:7 |\n| 154:22 162:20 | 98:6 99:5 100:8 | mails
13:11,23 | 131:9 |\n| 172:4 175:18,23 | 101:13 102:3 | 14:2,4 15:20 27:9 | marked
10:16 |\n| 175:24 | 109:6,11 112:16 | 27:10 49:22 59:11 | 32:13,18 35:12 |\n| looks
107:5 132:5 | 112:17,20 122:15 | 99:19 104:23 | 47:24 48:2 93:12 |\n| loose
132:7 | 124:9 125:22 | 112:24 163:8
180:8,22 181:21 | 93:14 111:4,8 |\n| lose
75:19 | 128:10 135:20 | main
2:13 25:2,3 | 128:24 129:11 |\n| losses
78:12 | 136:22 144:21 | 163:12 | 131:7,16,20 |\n| lot
42:10 47:11 | 149:11 163:17 | maine
176:17,23 | 139:24 140:7 |\n| 68:18 69:24 | lowey's
12:15,22 | maintain
17:25 | 147:10,15 |\n| 104:25 112:13,14 | 44:13 55:15 67:9 | 54:3 91:7 92:10 | markedly
41:20 |\n| 122:3 127:8 | 106:3 111:20 | maintained | marking
10:13 |\n| 168:23,24 178:18 | 112:8 134:21 | 156:21 | marriage
188:15 |\n| lots
99:13,14 | 135:16 140:23 | | married
142:25 |\n| 106:21 113:10 | lp
4:20 | maintaining
63:19
64:16 91:5 | mary
13:8 31:24 |\n| 167:19 169:21 | lunch
123:4 | maintenance | 49:16 56:4,24 |\n| 178:2,2 | luxury
115:16,23 | 107:8 144:22 | 112:17 |\n| low
53:12 | 116:13 | | massachusetts
6:9 |\n| | | 145:6 158:23 | 176:13,16,22 |\n| | | | |\n\n85\n\n# [materialize - monthly]\n\n| materialize 52:7 | meeting 16:16,17 | met 6:11 16:13,18 | mitchell 25:17,20 |\n|-----------------------|--------------------|---------------------|--------------------|\n| materializes
60:12 | 45:14,15 46:16,25 | 16:19 30:18 58:15 | 25:25 26:10 31:4 |\n| 150:19
materials | 47:13 51:15 69:5 | 125:15,16 | 31:8 32:9 56:18 |\n| matt 45:6,15 46:9 | 116:2 123:15 | method
152:22 | 57:4 59:4,4,18 |\n| 49:15,15 50:4,7 | 126:13 127:10 | methodology | 99:3,8 102:11 |\n| 56:24 112:17 | meetings 46:19 | 111:15 | 103:17 104:12,16 |\n| 129:18,19 154:4 | 47:12 | mezzanine
167:23 | 105:4,13 106:7 |\n| 160:17 181:18 | melissa 25:18,23 | microphone
3:11 | 109:24 112:15 |\n| matter 1:16 3:18 | 26:2,10 30:2,6 | 165:2 | 124:2 129:18 |\n| 6:23 20:8 41:9 | 31:4,8 32:9 56:16 | microphones 3:6 | 135:23 139:8 |\n| 43:8 46:4 49:17 | 56:17 57:3 59:3,4 | middle
113:14 | 143:14 156:3 |\n| 50:21 51:6 53:12 | 59:10,17 99:2,7 | midnight 162:14 | 157:16 181:5 |\n| 67:13 76:5 81:25 | 102:11,18 103:17 | million 126:8 | 148:4
mk |\n| 90:9 115:25 129:2 | 104:11,15 105:4 | 154:13 164:12 | moment 62:24 |\n| 145:6 147:17 | 105:13 106:7 | miltenberger 2:19 | 153:12 |\n| 151:23 160:25 | 109:25 110:18 | 5:14,16 28:13,14 | monetize
120:24 |\n| 174:10 188:17 | 112:15 124:2 | 29:23 41:7,15 | 54:21
money |\n| matters 7:2 14:2 | 129:19 135:23 | miltenberger's | 62:14 78:4 134:18 |\n| 40:2 88:22 98:20 | 139:8 143:13 | 29:21 | 153:24 177:4 |\n| 13:7 56:4
matthew | 148:3 152:12 | mind 27:14 34:18 | monies
136:6 |\n| mcdonald
15:18 | 156:2 157:16 | 34:24 36:20 87:5 | monitor
92:14 |\n| 131:2
mckenzie | 160:16 174:5 | 99:20 164:21 | monitoring 91:13 |\n| meals
141:9,10 | 180:9,17 182:3 | mindy
50:5 | 72:15
month |\n| 144:15 | member
55:7 | 46:8
mine | 118:21 161:7 |\n| mean 17:16 21:9 | 172:12 | minimum 32:8 | 184:2 |\n| 39:24 44:23 60:14 | membership | 67:7 77:14 128:6 | monthly 45:6 |\n| 83:12 86:8 87:9 | 122:13,17 124:5 | 161:7
minor | 46:11 51:12 67:8 |\n| 96:11 110:4 | 113:12
memories | minute 11:13 33:3 | 68:7,11,18,23 69:7 |\n| 116:14 130:19 | memory 66:2,9 | 147:24 | 69:10,12 70:2,15 |\n| 138:14 149:2 | 115:22 127:8,9 | 14:20
minutes | 70:18 71:2,3,8,13 |\n| 175:14 177:19 | 141:20 159:17 | 89:11 | 72:3,20 105:21 |\n| means 8:3 82:14 | menial 170:2,7 | minutiae 89:14 | 106:12,16 107:14 |\n| 144:3 151:2 | mentioned 14:15 | miscommunicati | 107:22,25 108:20 |\n| meant 22:7 63:12 | 15:15 18:4 19:24 | 135:4 | 116:22 117:14,16 |\n| 159:12 | 22:23 24:11 25:23 | missed 23:11 | 118:11 122:16,21 |\n| media 3:16 120:19 | 29:25 49:14,19 | missing 32:2 81:9 | 123:7 124:6,11 |\n| 120:23,24 | 54:14 57:3,14 | 110:15 | 125:5,16 130:14 |\n| mediation 171:3 | 60:13 73:22 87:8 | 159:24
mistake | 130:21 132:2,25 |\n| medications 10:4 | 92:4 100:7 126:16 | misunderstood | 134:9,24 135:10 |\n| 16:15 45:22
meet | 165:18 | 56:22 | 147:8 148:7,16,24 |\n| 72:5 | | | 149:3,24 151:25 |\n| | | | |\n\n# [monthly - objection]\n\n| 154:20 155:12,15 | 116:4 138:10 | 115:25 116:15 | 136:12 141:17 |\n|----------------------|-----------------------|----------------------|----------------------|\n| 157:11,19 160:4,8 | 173:4,8,23 174:9 | 146:22 156:13 | 145:2 153:6 |\n| 160:24 161:11,16 | 182:6,14 | 173:18 176:14,16 | 158:15 |\n| 161:17,23 162:2 | named
119:7 | 176:23 188:3,7 | numerous 44:5 |\n| 163:5,13,20 168:9 | 136:22
names | 14:22
night | 59:11 101:3 |\n| 169:7,11 184:19 | 107:12
natural | 78:7
nol's | 112:24 |\n| months
72:7 | nature
52:21 | nonsense 162:11 | 5:16
ny |\n| 161:25 183:20 | 168:13 183:16 | normal
8:17 77:19 | 0 |\n| mor 72:11 108:14 | 136:3
nearly | 179:3 | |\n| 137:22 | necessarily 83:24 | normally 109:15 | 23:16 78:11
0 |\n| mor's
170:6 | necessary 12:20 | notary 1:19 5:23 | 186:2 |\n| morning 3:3 6:10 | 63:21 75:25 80:18 | 186:22 188:6 | o'melveny 1:17 |\n| 14:20,22 | 85:18 93:2 100:23 | note 3:5 29:20 | 2:3 3:24 4:19,22 |\n| mortgage 77:19 | 112:7 169:21 | 35:24 41:11 | 4:25 6:13 13:18 |\n| mother
118:17 | 8:23 9:9
need | 145:19 | 100:5 103:7 |\n| motion
14:9 28:25 | 36:14 37:11,20 | noted 29:18 | 4:7 7:25
oath |\n| 38:15,20 89:7 | 40:12,15,23 42:10 | 14:6,7,7
notes | object 129:25 |\n| 90:10,16 168:6 | 47:4 85:9 124:19 | 51:10,11 100:9,13 | objected 30:20 |\n| 6:24
motions | 127:4 143:3 156:9 | 100:14,19 101:3 | objecting
80:19 |\n| 181:12 | 163:14 166:20,23 | 111:7,14,24 | 12:4,24
objection |\n| motor 119:5 | 169:18 170:10,15 | 112:12 113:4 | 24:20 26:16 27:15 |\n| motorcycles | 171:14 | 121:6 148:4 | 28:24 29:22 34:10 |\n| 115:17 | needed 30:22,25 | 187:10 | 37:16 39:5 57:22 |\n| 75:14
move | 44:2 46:7 174:4 | notice 6:22,25 7:5 | 58:18 61:4 64:14 |\n| moving 34:24 57:2 | needing 166:10,13 | 7:12 10:15,24 | 66:13 77:4 78:21 |\n| 42:22,22
multi | 167:6
needs | 89:10 187:5 | 79:22 81:10,12 |\n| multiple 19:14 | 169:19 | noticing 4:17 | 84:25 88:3,8 91:9 |\n| 42:4 76:4 | negotiated
31:14 | november 127:24 | 92:2 93:5 95:9 |\n| multiplied
136:7 | 31:15 | number 3:22 6:24 | 96:10 98:15 99:24 |\n| multiply 183:25 | negotiation
31:18 | 19:16 30:21 32:16 | 101:18 102:8 |\n| music
120:7,18 | 65:10 | 62:6 73:4 81:4,15 | 103:24 104:13 |\n| 1:18 2:3
myers | negotiations 171:3 | 93:19 96:8 100:20 | 106:18 108:21 |\n| 3:24 4:19,22,25 | neither
58:14 | 110:19,20 132:22 | 111:22 112:22 |\n| 6:13 | net 19:10,24 78:11 | 133:16,20 134:19 | 113:24 118:4 |\n| n | netherland 114:17 | 135:13,18 146:20 | 122:18 126:3 |\n| | 115:2 | 150:9,10 152:14 | 127:7 130:16 |\n| 2:278:11 186:2
n | never 57:6 121:23 | 159:14,15 181:21 | 132:11 133:18 |\n| 187:17 | 1:18,18,21 2:5
new | 183:22 187:4 | 141:18 148:20 |\n| name 4:2 6:3,11 | 2:5,10,10,18 3:25 | numbering 97:7 | 149:7 152:11 |\n| 20:5 23:12,13,15 | 3:25 5:23 58:8 | numbers 48:23 | 157:20 166:12,22 |\n| 23:16 27:20 28:22 | 79:15,16 115:8,10 | 97:5 135:21 | 170:12,22 177:25 |\n| 29:5 58:12 102:18 | | | |\n\n# [objections - paragraph]\n\n| objections
4:14 | 108:20,23 137:20 | oral 65:18 99:17 | 7:8 11:8,21
page |\n|----------------------|--------------------|--------------------------|---------------------|\n| 12:8 14:10 52:20 | 170:24 178:18 | 99:18 | 33:2,4 48:22,23,24 |\n| 52:22 54:8 | open 47:13 91:7 | orally 106:9 | 49:9,11 55:13,18 |\n| 9:18
objects | 92:10 | 160:18 | 88:20 93:25 95:18 |\n| obligation 91:22 | opening 63:19 | order 29:15 62:11 | 96:4,25 97:4,8 |\n| observer 45:20 | 64:16 91:5 | 72:23 75:3,5,8 | 105:18,20 106:11 |\n| obtain
12:19 | operating 41:21 | 86:9,21 105:5 | 113:13,14 115:12 |\n| obtained 59:17 | 41:24,25 42:11,20 | 54:25
ordered | 119:9,12,20 120:3 |\n| 22:15
obtaining | 42:21 43:3 45:7 | ordinarily 172:5 | 121:3 124:25 |\n| obviously 43:18 | 46:11 51:12 67:8 | ordinary 30:21 | 126:5,10 132:7 |\n| 66:18 87:17 98:17 | 68:7,11,19,23 | 62:7 70:24 156:7 | 140:19 145:20 |\n| 105:8 156:21 | 69:10,12 70:3,6,10 | 156:8 167:18 | 148:3 149:15 |\n| 163:15 173:21 | 70:15,18 71:2,4,8 | 169:22 181:7 | 151:14 152:8 |\n| 174:17
occasion | 71:13 72:4,21 | original
150:10 | 157:6 161:19,20 |\n| occasionally | 78:12 106:12,16 | 152:3 159:20 | 161:20 162:3 |\n| 141:22,24 | 107:22 108:2 | 153:13
originally | 187:3,18 |\n| 113:19
occupancy | 116:22 117:14,16 | 4.9
outcome | pages 161:19,22 |\n| 113:22 | 118:11 122:16,22 | 188:16 | 162:11 |\n| occur
68:3 | 123:8 124:6 | outside 16:22 26:3 | paid 32:24 70:23 |\n| offer
18:25 | 130:15,21 132:2 | 26:5,6,14 31:5 | 72:14 73:13 77:25 |\n| office
19:16 58:8 | 132:25 134:4,5,9 | 80:4 126:10 | 86:16 108:10,15 |\n| 68:24 69:20 72:12 | 134:24 135:11 | 127:17 | 118:22 130:24 |\n| 72:22 162:13 | 147:8 149:25 | outstanding 59:24 | 133:3 134:16 |\n| offices
1:17 | 151:25 154:20 | overpayment | 136:7 149:18 |\n| official 93:13,25 | 155:12,15 156:10 | 160:6 | 151:15 152:21 |\n| 94:21 187:9 | 157:11,19 160:5,8 | owed 81:18,19,20 | 153:24 155:23 |\n| offset
78:7 | 160:25 161:11,16 | 114:3
owned | 156:11 158:8 |\n| oh
45:10 160:24 | 161:17,23 162:2 | 126:22,25 127:16 | 159:19 160:2,3 |\n| 167:9 173:2 | 163:5,13,20 168:9 | 154:8 | 173:6 175:4,8,10 |\n| 177:14 | 169:7,12 184:19 | ownership
102:12 | 175:19 179:24 |\n| okay 9:7 35:17,22 | operations 127:20 | 107:9 | 181:10,12 183:4,6 |\n| 71:17 85:17 96:3 | opinion 145:20 | owns 115:5 116:5 | 183:8,14 |\n| 103:2 131:11 | 151:5,7 | p | 122:14
palm |\n| 148:2 149:14 | opportunity 2:4 | 2:2,2 23:16 | pans
101:23 |\n| 159:6 173:8 181:6 | 4:20 6:14 10:24 | p
69:20
p&l | paper 168:23 |\n| 169:3
old | 38:20 75:20 81:4 | 1:15 2:17 | papers 43:17,19 |\n| once 85:11 144:24 | 29:6
oppose | p.c.
p.m. 39:10 90:25 | 44:16 45:3 46:3,6 |\n| 154:10 | opposed 74:6 | 139:21 140:4 | 126:14 |\n| ones 60:9 69:23 | 103:14 | 165:8,12 185:5,8 | paragraph
113:2 |\n| ongoing 52:6 | opposite
159:24 | pacific 2:3 4:19 | 113:2 |\n| 88:14 105:21 | | 6:13 10:23 | |\n| | | | |\n\n85\n\n**[paramount - plan]**\n\n| paramount
29:3 | pass
44:9 130:25 | people
5:15 16:2 | 139:9,11,12 |\n|-----------------------|---------------------|---------------------|-----------------------|\n| parcel
111:25 | 139:10 | 19:8,17,19 28:19 | 140:24 157:17 |\n| parents
42:3 | passed
105:7,8 | 45:22 53:4 58:24 | 178:20 179:3 |\n| part
21:22 37:17 | patents
120:4,13 | 102:17 117:24 | 181:23,24 182:2 |\n| 43:17 51:11 69:9 | pax
100:6 | 118:7 141:24 | 183:9,10 184:4 |\n| 96:9,12,17 97:9,13 | pay
19:13 54:22 | 142:2,4 168:24 | person's
27:23 |\n| 97:24 100:12 | 55:3 68:2 118:20 | 175:16 | 182:5 |\n| 105:20 111:25 | 154:9 171:6 | percent
118:13 | personal
95:12 |\n| 112:3 132:21 | payable
69:21 | 138:19,21 139:4 | 97:25 101:4 |\n| 144:7 170:21 | payables
167:24 | 141:9,11,13,14 | 102:10 |\n| 171:7,9 172:4 | payee
138:11 | 142:7,8,9,12,16,23 | personally
23:9 |\n| 181:6 | payees
137:7 | 143:6,8 144:2,5,6 | 65:17 |\n| participate
47:2 | paying
107:17 | 144:13,14 145:11 | perspective
31:23 |\n| 47:17 60:8,12 | 146:24 | 146:4,5,11,11,21 | 77:16 85:7 |\n| participated
51:13 | payment
33:17 | percentage
136:6 | pertaining
146:21 |\n| 58:23 84:3 | 92:22 106:23 | 136:8 138:13 | petition
32:22 |\n| participating | 108:22 117:9 | 139:5 147:7 | 33:5,9,16,20 35:24 |\n| 45:21 | 133:3,25 134:11 | percentages | 36:3,8 74:13 84:6 |\n| participation | 146:19 154:7,13 | 136:15 144:19 | 92:22 132:19 |\n| 45:12 47:10,20 | 154:15 156:24 | perform
59:15 | 133:3,3,25 160:2,2 |\n| particular
40:5,12 | 159:17 175:13 | 66:11 91:25 93:3 | 160:3,3 172:5,20 |\n| 40:16 42:19 105:5 | 179:4 | 96:20 97:10,16,21 | 174:25 176:5,8 |\n| 117:17 118:6,23 | payments
83:22 | 98:5,6 114:13 | 177:18,24 183:4 |\n| 130:17 168:25 | 84:6 86:16 93:2 | 125:22 | 183:11,14,16 |\n| particularly
14:9 | 132:16,19 133:7,9 | performed
80:20 | 184:5,12 |\n| 112:12 | 133:10 134:2,6,16 | 83:5 88:10 89:18 | phone
15:3 25:11 |\n| parties
3:14 66:22 | 134:22 154:5 | 97:20 121:10,14 | 25:15 28:8 47:20 |\n| 84:23 87:12 | 156:25 157:24 | period
72:10 | 58:24 59:2,11 |\n| 104:25 105:2 | 172:5 183:17,17 | 82:16 86:20 90:25 | 104:24 143:15 |\n| 117:6 130:24 | 184:11 | 117:18 129:22 | 167:8 181:19 |\n| 133:12 188:14 | payroll
42:7 | 133:11 140:13 | phones
3:10 |\n| partner
19:12 | pays
122:4 | 151:15 153:25 | phrase
110:2 |\n| 20:3 51:3 | pc
10:25 48:9,20 | 154:20 155:11,17 | physically
123:5 |\n| partnership
74:10 | 49:4 | 156:12 157:25 | pick
3:7 |\n| 75:23 | pdf
95:18 | 159:9 | place
3:10,14 |\n| parts
79:12 | pearl
2:18 | perjury
8:8 | 45:22 47:15 53:8 |\n| party
4:7 20:22 | penalty
8:8 | person
5:12,15 | 77:6 82:20 83:25 |\n| 44:4 53:10 99:11 | pendency
70:9 | 15:18,21 26:15,17 | 175:24 186:11 |\n| 102:14 119:24 | 117:19 | 49:20 50:17 51:5 | plan
86:6,11,13,24 |\n| 122:6 173:12 | pending
9:11 | 54:4 103:15 | 87:15,24 122:2 |\n| 184:10 | 81:25 82:5 | 129:18 130:10,10 | 169:17 |\n| | | | |\n\n[planned - process]\n\n| planned 54:19 | 120:17 | prepare
13:4 | previously 6:10 |\n|----------------------|--------------------|-----------------------|---------------------|\n| 86:14 88:7
plans | possibly
118:4 | 24:13,14 71:11,12 | 14:23 85:20 |\n| 125:3 | 169:6 171:17 | 71:23 95:3 100:9 | 104:10 119:18 |\n| platforms
120:8 | post 20:17 32:22 | 173:5 | 130:4 |\n| 120:20 | 33:5,9,16,20 35:24 | prepared 13:10,14 | primary
143:10 |\n| play 52:10 169:18 | 36:3,8 61:11 | 24:15 31:19 71:3 | principal 21:17 |\n| 169:20 171:7 | 63:12 133:3 160:2 | 71:19 86:12 | 22:24 23:3 37:23 |\n| 172:2,3,3 | 174:25 176:5,8 | 161:15 173:18 | 50:5,10,16,25 51:8 |\n| plays 52:11 | 177:18,24 183:11 | 183:12 | printed 119:11 |\n| pleadings 14:8 | 184:5,12 | preparer 135:4,6 | prior 82:17 83:23 |\n| please
3:5,9 4:15 | posted 120:8,19 | 136:9 173:4 174:9 | priority
81:7 |\n| 5:10,19 6:3 8:19 | potential 24:10 | preparing 8:12 | 29:2
privacy |\n| 9:5,11 11:8 23:14 | 52:9 65:11,15,22 | 15:6 45:6,11,12 | private
3:7 |\n| 28:11 33:2 35:15 | 85:21 | 46:14 55:24 56:7 | privilege 39:23,25 |\n| 67:22 148:5,14 | potentially 27:20 | 57:24 58:21 60:23 | 40:17 83:15 |\n| 165:2 | 66:678:17 90:14 | 66:20,21 84:4 | privileged 41:3 |\n| plus 72:10 106:7,7 | 101:23
pots | 86:18 94:7,11 | 14:24
probably |\n| 135:18 140:17 | practice 121:21 | 105:11 109:6 | 20:20 24:11 28:9 |\n| 2:14
po | practitioner | 110:12 112:9,21 | 32:9 42:10 45:4 |\n| pohl 23:10,15,17 | 176:13 | 132:4 155:3,6 | 52:15,16,19 54:5 |\n| 23:24 24:4 | pre 74:13 84:6 | 161:2169:11 | 106:8,8,9 110:17 |\n| point 39:14 40:18 | 92:22 132:19 | 170:5,6 | 116:23 137:8 |\n| 48:14 52:20 60:6 | 133:3,25 160:2,3,3 | presence 120:25 | 138:21 144:5 |\n| 61:8 65:25 67:10 | 172:5,20 177:18 | present 2:21 4:10 | 170:23 176:19 |\n| 75:3 81:11 92:20 | 177:24 183:4,14 | presenting 155:13 | problem 80:3 |\n| 106:17 123:23 | 183:16 | presidential
19:19 | 146:25 160:24 |\n| 124:13 130:14 | precursor
17:11 | presumably
54:22 | 162:16 |\n| 153:22 166:3 | predicated 72:3 | 68:20 | 11:3
procedure |\n| 171:10 | 157:10 | presuming 114:6 | 17:19 |\n| points 25:2 55:17 | predict 53:7,13 | presupposed | procedures
7:23 |\n| policies 121:17 | 33:15
prefer | 55:10 | 70:13 |\n| policy 121:18,22 | preference 33:9 | presupposes 70:15 | proceed 11:20 |\n| 121:24 122:8 | 33:14 82:10,18 | presupposing | 140:5 165:13 |\n| populated 95:23 | 84:2 171:18 | 66:14 | proceeding 4:15 |\n| ported 49:23 | preferences 82:16 | pretty 21:11 22:9 | 16:22 |\n| 37:2
poses | preparation 13:20 | 32:7 37:4 44:22 | proceedings 39:19 |\n| possession 37:25 | 15:7 51:9 53:5 | 70:5 179:11 | 39:21,22 115:10 |\n| 38:3 52:14 | 55:19 56:20 60:19 | previous 36:21 | process 38:14 |\n| possible 30:17,25 | 61:9 68:6 73:16 | 38:6 78:7,10 | 40:13 67:21 155:9 |\n| 31:635:25 60:7 | 86:7 112:4 116:22 | 116:8 119:6 | 168:7,22 169:23 |\n| 79:6 82:9 84:12 | 168:10 | | 178:11 |\n| | | | |\n\n#### [produce - reasoning]\n\n| produce
8:13 | 152:16 153:16,25 | d | r |\n|-----------------------|----------------------|----------------------|----------------------|\n| produced 128:25 | proponent 118:12 | 31:23
qpc | r 2:2 5:21,21 6:5 |\n| 137:19 147:16 | proposed 5:4,7 | quarter 72:8 73:9 | 48:25 186:2 188:2 |\n| 173:12,13,16 | 54:20 111:20 | 73:10 | 167:8 176:10
rang |\n| product 46:22 | 139:3 150:21 | quarterly 68:7 | 15:13
range |\n| 83:15,17 | protect 75:9 89:16 | 71:19,21,25 72:18 | 29:5
rank |\n| profession
166:3 | 179:4 | queries 158:18 | rarely 42:21 81:18 |\n| professional 17:14 | protected
29:14 | question 8:20 9:5 | rate 67:10,11 |\n| 17:17,25 18:8,12 | protection 83:18 | 9:7,11,19,20 27:4 | reached 23:17,24 |\n| 33:11 37:22 77:17 | protective 29:15 | 27:6 28:9 34:8,12 | 28:20 161:12 |\n| 92:21 156:4 158:3 | prove 86:22 | 34:16,18,19 36:17 | 162:12,25 |\n| 163:3 166:7 | provide 22:18 | 36:19,25 38:17 | reaching 161:13 |\n| 175:19,20 | 92:25 171:11,15 | 53:17 56:9 83:20 | read 27:6 34:12 |\n| 14:8
professionals | provided 13:14 | 94:19,21 96:17 | 57:18 65:24 90:16 |\n| 30:21 54:9,23 | 59:5 98:11 99:10 | 101:12 105:16 | 120:16 147:25 |\n| 57:9 62:8 68:25 | 117:3 130:9 | 108:3,8 110:7,8 | reads 55:18 61:8 |\n| 77:25 156:5,5,6,7 | 140:24 158:15 | 113:14 114:14 | 63:18 80:17 88:20 |\n| 156:8 157:2,3 | 92:21
providers | 115:13 116:21 | 94:20,24 95:11 |\n| 159:25 175:20 | providing 27:14 | 117:4 118:3 119:4 | 105:21 106:12 |\n| 181:8 | 63:21 | 120:3,12 121:16 | 113:18 115:15 |\n| profile
166:10,19 | public 1:20 5:23 | 122:11 124:13 | ready 137:21 |\n| 178:14 179:6,18 | 186:22 188:6 | 126:5 127:22 | real 42:20 77:20 |\n| program 69:12 | pulling 134:14 | 130:18,20 148:19 | 94:22 107:6 |\n| 70:11 | pullman 2:12 5:7 | 149:6,12,25 150:3 | 113:19,22 114:2,4 |\n| 71:9
progress | 165:17 | 151:19,23 154:2 | 147:6 167:20 |\n| progresses 50:22 | punching
99:11 | 155:16 163:10,12 | realized 159:24 |\n| projections 61:10 | punitive
164:9 | 163:12 166:14 | really 31:2 74:21 |\n| 61:24,24 86:18 | 117:12
purchase | 177:13,21 181:15 | 133:2 165:4 |\n| 87:10 | 118:19 | 184:10,12 | 10:8 76:15
reason |\n| prominent 60:18 | 117:13
purchased | questions 47:17 | 78:13 89:4 138:22 |\n| promised 179:23 | purposes
39:23,25 | 83:21 91:3 99:21 | 142:4,19 143:4,10 |\n| prompted 163:17 | 77:24 | 100:6,23 113:5 | 145:16 |\n| proof 80:24 81:2 | pursuant 10:25 | 119:19,21 129:16 | reasonable 21:13 |\n| 81:21 | pushed
168:23 | 135:25 149:2 | reasonableness |\n| proofs 80:19 | put 44:18 69:16 | 153:5 158:5 | 109:14 110:3 |\n| properly 136:2 | 131:12 142:7 | 164:15 167:17 | 158:10 |\n| property 94:15,21 | 155:24 | 179:17 184:8,23 | reasonably 53:11 |\n| 95:12 107:7 | 87:18
puts | 165:4
quick | reasoning 29:21 |\n| 113:17 114:2 | putting 109:14 | quickbooks 60:25 | 142:17 143:21 |\n| 120:7,13,15,18 | 180:22 | quickly
I રેતે:R | 144:8,11 145:10 |\n| 122:11 148:5,14 | | | 145:12,21 |\n\n85\n\n85\n\n#### **[reasons - report]**\n\n| reasons
75:2 77:23 | record
3:3,15 4:13 | refers
84:11 95:13 | relied
85:5 104:9 |\n|-----------------------|-----------------------|------------------------|----------------------|\n| 130:3 142:11 | 6:4,11,11 8:12 | 95:17 96:2 114:16 | 177:15 178:6 |\n| 168:15 | 11:13,15,16,20 | 119:4 120:5,12 | relief
75:4,6 |\n| recall
23:20 32:6 | 28:2,18 32:15 | 121:4,17 122:13 | relies
84:22 |\n| 33:8 34:7 44:10 | 41:10 48:5 90:19 | 125:8 126:6,7 | rely
39:2 98:13 |\n| 57:21 65:20 | 90:21 91:2 93:18 | 127:23 135:13 | 123:25 139:6 |\n| 126:17 128:4 | 100:4 129:5 130:4 | 144:20 | 158:14 176:4 |\n| 146:10,13 151:4 | 139:19,21 140:4 | reflect
132:10 | 177:23 179:5 |\n| 151:10 161:9 | 156:9 165:4,8,9,12 | 133:8 140:22 | remain
106:16,24 |\n| 173:22 | 185:2,5 188:11 | reflected
133:14 | 107:18 |\n| receipt
78:13 | recorded
1:14 | 135:15 152:8 | remains
74:12 |\n| receipts
52:17 | 3:17 | reflecting
164:5 | 184:14 |\n| 54:3,14,15 63:15 | recording
3:13 | refresh
36:16 | remember
21:14 |\n| 66:25 68:22 86:19 | 8:10 | regarding
15:17 | 24:7 43:14,24 |\n| receivable
69:22 | records
15:9,20,23 | 16:4,4 24:2,9 25:5 | 59:2 62:22 81:3 |\n| receive
57:15 | 40:14 49:22 52:16 | 26:4,11 30:14 | 85:24 87:5 105:2 |\n| 137:10 157:15 | 82:9 84:12,14,18 | 59:21 65:14,19 | 105:5,15 108:7 |\n| 174:24 | 92:19 160:22 | 67:25 102:15 | 109:20 110:8 |\n| received
33:20 | 171:16,20 172:17 | 111:16 137:13 | 116:19 117:4 |\n| 92:22 99:17 | recoverable
83:2 | 150:3 161:10 | 127:19 130:22 |\n| 104:11 137:13 | recoveries
175:15 | 163:4 | 142:13 146:16 |\n| 139:7 140:6 | rectified
135:5 | regret
168:2 | 159:13 167:12 |\n| 160:10 | redacted
129:17 | rejoin
41:14 | 173:10 176:7 |\n| receiving
33:9 | 182:6,16,25 | related
4:7 19:7 | remind
167:10 |\n| 161:9 | redaction
130:6 | 49:21 56:9 61:10 | remotely
4:11 |\n| recess
90:22 | refer
97:4,25 | 90:3 91:4 95:14 | renters
107:7 |\n| 139:22 | referenced
68:10 | 138:23 143:5,11 | reorganization |\n| recognize
10:20 | 103:11,12,13 | 188:14 | 86:11 168:21 |\n| 48:15 49:6 93:21 | 119:23 155:5 | relates
7:3,8 94:15 | 169:15 |\n| 111:11 140:9 | 159:10,15 | 107:16 111:21 | repair
107:8 |\n| 147:20,22 | references
63:11 | 173:16 | 144:22 |\n| recollection
36:16 | 113:4,7 119:6 | relating
6:23 | repairs
158:22 |\n| 44:21 162:24 | referencing
65:7 | 70:14 | repeat
9:5 27:3 |\n| recommend
73:23 | referred
27:5 | relationship | repeating
66:17 |\n| 73:24 74:2 75:7 | 174:5 | 143:19 | report
40:11 45:7 |\n| 75:17,22 76:11 | referring
71:15 | relevance
28:21 | 46:11 51:12 54:6 |\n| 80:9 141:10 | 95:20 97:4,7,14 | 88:11 | 67:8 68:11,19,23 |\n| recommended | 104:3 120:9 | relevant
27:24 | 69:7,10,13 70:3,6 |\n| 144:21 | 132:12 135:9 | 41:4 113:23 | 70:10,15,19 71:2,4 |\n| reconciling
80:18 | 150:6 167:16 | 116:21 117:14 | 71:9,19,21,25 72:4 |\n| | | 123:11 | 72:18,21 107:22 |\n| | | | |\n\n#### **[report - right]**\n\n| 108:2,2,9 117:5,15 | representations | responds
52:4 | 55:13 61:8 88:12 |\n|----------------------|----------------------|-----------------------|-----------------------|\n| 118:11 122:16,22 | 59:21 | 149:15 | 111:21 126:14 |\n| 123:8 124:6 | representative | response
35:23 | 175:22 |\n| 130:15,21 132:3 | 180:5 | 115:14 | retrieved
31:8,12 |\n| 132:25 134:4,6,24 | represented
9:12 | responses
12:7 | return
53:2,3 |\n| 135:11 144:9 | 20:21 21:10,12 | responsibilities | 74:23 75:6,8 |\n| 147:8 149:25 | 102:22 113:12 | 21:20 46:10,18 | 76:12,14 77:2,22 |\n| 151:25 154:20 | representing
9:16 | responsible
20:2 | 77:23 78:14 79:15 |\n| 155:12,15 156:10 | 100:5 181:13 | 98:12 | 79:17,18 86:23 |\n| 157:12,23,23 | request
26:19 | responsive
124:15 | 168:9 173:5 |\n| 158:13 159:8,20 | 108:9 163:18 | rest
17:24 | returns
54:10 74:3 |\n| 160:5,8,25 161:11 | require
47:9 60:7 | restrictions
153:2 | 74:9 75:24 76:5,6 |\n| 161:16,17 163:5 | required
12:14,19 | restroom
139:17 | 78:18 79:9,11 |\n| 163:13 184:20 | 17:19,22 54:25 | restructure | 80:10 169:9 173:3 |\n| reported
71:2 | 55:2 70:10 76:2 | 167:22 | 173:6,11,18 |\n| 157:5 160:7 | 89:5 108:14 | restructured | revealed
26:18 |\n| reporter
1:20 4:4 | requirement
67:7 | 170:16,21 | revealing
27:19 |\n| 5:10,19 8:11 | requirements | restructuring | 28:22 |\n| 10:13,18 27:7 | 42:24,24 67:5 | 17:24 18:7 165:19 | revenue
80:14 |\n| 32:12,20 35:7,14 | requires
68:24 | 166:11,13,16,20 | review
27:22 |\n| 47:23 48:4 78:9 | 86:25 89:10 | 166:24 167:7,16 | 43:22 51:23 52:19 |\n| 93:11,16 111:3,10 | reside
150:15 | 167:21 170:11,21 | 53:10 60:7 61:9 |\n| 128:23 129:13 | 172:17 | resuming
139:23 | 62:12 68:6 72:17 |\n| 131:18,19 140:2 | residence
101:5,9 | retain
48:8,19 | 73:16 124:20 |\n| 147:12,14 171:13 | 102:5 113:16 | 49:3 181:7 | 125:17 135:24 |\n| 187:15 | 114:6,9 118:6,10 | retained
34:6 | 150:19 158:2 |\n| reporting
19:18 | 150:13 | 36:22 37:6 39:7 | 162:5 171:19 |\n| 42:23 52:18 54:2 | residences
19:14 | 39:15,18,20 72:17 | reviewed
13:8,11 |\n| 66:21 67:4 68:8 | 114:14 118:3 | 143:11 187:15 | 62:18,20 81:24 |\n| 108:14 148:24 | resident
76:12 | retainer
32:22,24 | 84:13,18 109:13 |\n| 149:3 155:6,10 | resides
114:5 | 32:25 33:5,10,12 | 110:3 112:24 |\n| reports
22:19 | 118:5 | 33:16,20 35:24 | 114:21 141:3 |\n| 66:21 68:7 107:22 | respect
21:20 | 36:4,8 126:6 | reviewing
80:17 |\n| 116:22 117:16 | 92:25 95:7 | 174:25 175:17 | 82:8 112:11 |\n| 157:19 161:23 | respond
89:11 | 176:5,8 177:19,24 | 160:15 171:16 |\n| 162:3 168:9 169:7 | 178:24,24 | retaining
34:5 | revising
139:5 |\n| 169:12 | responded
36:20 | 35:21 36:18 37:3 | rhode
176:15,21 |\n| represent
30:2 | 65:4 | 39:4 | right
7:10 10:19 |\n| 129:7 140:16 | responding
35:18 | retains
74:7 162:6 | 38:19 53:24 55:22 |\n| 144:13 176:17,19 | 51:16 | retention
7:8 | 61:3 62:16 63:6 |\n| | | 43:16,17,19 44:16 | 64:16 70:17 71:6 |\n| | | | |\n\n# [right - server]\n\n| 73:4 81:15 84:9 | 178:7 181:3,5 | 124:25 128:3 | 142:20,24 143:3,5 |\n|----------------------|----------------------------------------|-----------------------|-----------------------|\n| 90:7 94:8 95:21 | rudnick's 126:14 | 135:5,7,9 136:10 | 143:10,23 159:14 |\n| 98:2 100:11 | 10:25 11:22
rule | 155:25 | 184:3 |\n| 126:19 130:11 | 11:2117:5
rules | scheduled
81:14 | 11:23 28:21
see |\n| 134:12 136:19 | 161:3 | schedules
14:6 | 33:6 35:25 45:22 |\n| 138:5 152:5 | ruling 29:12 | 30:23 44:22 45:25 | 57:19 61:12 68:8 |\n| 153:17,20 154:22 | 22:258:9
run | 51:10 55:20,25 | 82:11,25 88:11 |\n| 165:20 169:16 | 67:10.11 178:21 | 56:14 57:12,17,25 | 95:17 96:6 121:8 |\n| 170:8 173:23 | running 21:23 | 58:17,22 60:20,24 | 121:19 125:6 |\n| 177:14 | 172:9,10 | 69:4 100:10 | 132:15 141:2 |\n| rights
29:2 | 178:22
runs | 111:16 112:2,5 | 148:9 151:16 |\n| 113:20
road | 2:6 4:24,24
russo | 113:6 168:8 | 155:21 159:2,3 |\n| rodeo
89:3 | S | 183:13 | 168:5 183:20 |\n| role
50:7,12 52:9 | 2:274:10 187:2 | schindler 13:8 | seeing 57:21 |\n| 53:18 94:6,10 | S | 31:25 49:16 50:9 | 127:19 |\n| 98:11 102:3 | safe
123:10 | 56:5,24 112:18 | 124:10,12
seek |\n| 105:25 106:3 | safety
138:24 | school 17:3.5 | 79:8,12
seen |\n| 112:9 134:21 | 144:10 182:11 | science
17:7 | 109:15 121:23 |\n| 168:11 169:17,20 | 42:7
sales | scope 43:8 44:12 | 127:24 128:19 |\n| 171:25 172:4 | sanity 158:9 | 90:13 171:9 | 137:6 145:7 164:8 |\n| roles 23:2 51:18 | 162:4
save | 164:22
scotch | 164:13 |\n| 157:4
roll | 62:22 79:13
SAW | scrambling 69:4 | select 75:20 |\n| rolled
158:15 | 79:15 126:13 | 71:11
scratch | 122:6
sell |\n| 4:11 127:12
room | 128:4 153:4 | 99:16 106:2 | semantics 39:13 |\n| rudnick 2:8 5:4 | 159:23 162:19 | search
15:19,20 | 19:19
senators |\n| 15:21 23:10,16 | 163:13 173:3 | 49:21 82-25 | 15:21 24:15
send |\n| 24:6,8,18 25:9 | saying 37:9 149:20
149:21 162:13 | second 45:16 61:7 | 162:7 |\n| 26:5,6,11 30:9 | | 114:16 121:6 | sense 38:2 158:4 |\n| 31:20 32:4 38:10 | 33:4 34:15
says
87:7 91:23 116:6 | 125:2 | 158:25 |\n| 38:12 39:2,16 | | secret
106:21 | sensitive
3:6 |\n| 43:23 49:24 56:13 | 116:7 162:7,15 | 120:14
secrets | sent 13:17 31:20 |\n| 57:4 58:25 59:7 | 184:9,10 | section
75:5 97:17 | 49:24 |\n| 59:10,17 64:20 | scared 143:16,18
143:19 | 105:23 106:4 | 121:6
sentence |\n| 83:18 98:25 99:7 | 20:14 | 114:19 | 125:2 |\n| 102:12,18 103:18 | scenarios
59:22
schedule | secure 167:22 | separate 74:4,5,14 |\n| 103:18 104:11,17 | 60:3 71:14 81:14 | secured 20:19 | 74:22 107:21 |\n| 104:17 105:7,13 | | 21:7 42:15 81:7 | 129:5 131:7 132:7 |\n| 106:6 109:24 | 94:7,20,23 95:12 | security 33:17 | september 17:10 |\n| 112:14 124:2 | 96:13 98:23 103:9
103:23 104:8 | 115:24 118:8,25 | 7:5
served |\n| 126:7 139:7 156:2 | | 133:23 138:16,22 | 13:24 49:22
server |\n| 157:15 175:18 | 108:12 109:16,17 | 138:24 142:14,18 | |\n| | 109:18 114:2 | | |\n\n**[service - started]**\n\n| service
92:21 | signature
188:21 | someday
169:17 | spent
21:23 |\n|-----------------------|-----------------------|------------------------|-----------------------|\n| 138:11 145:5,5 | signer
37:24 52:14 | someone's
171:4 | split
118:18 |\n| services
18:24 | 65:3 | someplace
110:21 | spoke
13:5,7 14:15 |\n| 21:21 85:21 90:4 | significant
13:9 | son
58:9,11,13 | 14:21 16:8 31:2 |\n| set
101:7 161:8 | 59:5 | soon
159:4 | 57:6 |\n| 188:10,19 | significantly | sorry
3:5 7:14 | spoken
14:24 |\n| setting
47:5 83:17 | 160:14 | 23:11 35:3 41:7 | 174:11,18,22 |\n| settlement
78:6 | silverberg
13:6 | 83:11 94:19 95:16 | spouse
118:14 |\n| 171:2 | 24:5 33:4 34:4 | 126:4 130:19 | 145:18 150:14 |\n| settlements
77:10 | 37:2 38:5 39:6 | 171:13 176:11 | spouse's
121:18 |\n| seven
75:15 | silverberg's
35:19 | sort
52:8 55:6 | spreads
21:25 |\n| 136:18 | similar
113:17 | sorts
17:15 42:23 | spreadsheet |\n| seventh
92:19 | simultaneously | 54:15 167:25 | 135:14 158:6 |\n| shake
8:24 | 44:23 | sound
84:9 | 160:19 |\n| shape
62:10 | single
53:10 75:22 | source
62:24 | spring
2:17 5:16 |\n| shapes
42:2 | sir
85:16 100:6,14 | 77:12 87:25 105:2 | 27:17,18 28:17,23 |\n| shea
2:17 | 153:18 | 175:7,8,13,25 | 29:6 57:24 58:3 |\n| sheet
69:20 131:14 | sitting
19:25 | spatulas
101:22 | 179:6,9,12 180:6,7 |\n| 133:15 138:16 | situation
104:20 | speak
14:18 15:14 | 180:10,15,20 |\n| 158:12 | 121:23 | 23:25 24:9,17 | 181:17,20 182:20 |\n| sheets
109:4 | six
162:10 | 25:5,10 26:2 | 183:5,8 184:6 |\n| sherry
114:17,25 | size
42:2 | 44:17 144:25 | spring's
28:8 |\n| 146:21,25 150:5 | slipping
87:4 | 174:20,21 181:24 | 182:10,15,19 |\n| 150:16,17 151:16 | small
45:12 88:5 | speaking
35:20 | springs
26:19 |\n| 153:20 154:11 | 134:17 173:17 | 115:7,14 151:10 | 28:10,14 |\n| sherry's
146:25 | social
120:23,24 | specific
14:7 51:11 | square
1:18 2:4,9 |\n| shit
176:11 | sofa
55:25 56:14 | 94:17 100:12,14 | 3:25 |\n| short
104:20 | 57:12,17,24 58:16 | 100:19 101:2 | ss
188:4 |\n| 139:22 | 58:22 59:22 60:2 | 104:4 110:24 | stab
43:22 |\n| shorthand
1:20 | 94:7 98:23 109:16 | 111:19 112:12,20 | staff
20:4 24:12 |\n| show
146:9 | sofa's
14:5 44:21 | 157:25 | 51:17 52:8,9,24 |\n| showed
141:24 | 45:25 51:10 60:19 | specifically
20:25 | 53:14,17,20 54:4,7 |\n| 159:22 | 60:19,23 69:4 | 43:15 51:7 72:20 | 66:20 |\n| showing
101:19 | 83:22 112:2 113:5 | specifics
83:10,16 | stamp
129:2 |\n| shown
132:21 | 168:8 170:5 | specified
186:11 | stamped
35:9 |\n| 147:7 | software
60:16,18 | speculate
127:4 | standard
70:8 |\n| shows
117:20 | 61:2,5 | speculation
93:6 | 121:21 |\n| 158:5,21,23 | sole
52:14 | spell
23:12,13 | start
6:17 7:22 |\n| siblings
42:4 | solely
104:9 | spend
15:5 78:4 | 79:25 |\n| signatory
38:23 | somebody
183:7 | 165:25 | started
17:11 23:4 |\n| 66:18 | | | 45:6 153:4,7 |\n| | | | |\n\n**[started - team]**\n\n| 162:18 182:21 | stricken
29:14 | supported
36:21 | 77:6 82:20 111:23 |\n|-----------------------|----------------------|-----------------------|------------------------|\n| starting
33:14 | strike
25:4 30:6 | supporting
51:17 | 134:17 139:18 |\n| 83:25 97:9 109:5 | 116:20 157:13 | supports
60:18 | 165:3 173:2 |\n| 130:14 | structured
65:23 | supposed
74:20 | 179:25 184:25 |\n| starts
96:17 | 66:7 | 162:17 167:12 | taken
79:4 90:23 |\n| 109:21 | stub
72:9 | sure
7:4,11,23 | 139:23 |\n| state
1:20 4:12,15 | stuff
30:25 168:7 | 27:16 31:24 32:2 | takes
47:15 |\n| 5:23 6:3 27:2 | subject
8:7 12:11 | 32:7 37:4 38:12 | talk
7:20 8:18 17:2 |\n| 42:22 73:17 76:16 | 14:2 29:14 53:10 | 38:13 43:13,21 | 80:7 146:3 |\n| 76:16 79:14 101:3 | 147:23 | 44:19 73:4 75:10 | talked
16:3 21:18 |\n| 156:5 188:3,7 | subscribed
186:18 | 81:8 88:13 99:22 | 30:10,15 46:2,9,13 |\n| stated
26:17 | substantively | 104:6 110:13,14 | 55:14 59:9 127:9 |\n| 164:10 171:19 | 149:5 | 110:16 113:3,8,11 | 128:12,16 129:20 |\n| statement
14:5 | subtract
133:6 | 124:8 125:25 | 134:10 137:24 |\n| 34:12 37:21 54:6 | success
82:5 | 127:14 129:6 | 154:25 158:16 |\n| 55:19 73:6 111:17 | successful
86:10 | 135:25 136:10 | 164:3 |\n| 112:4 158:8 | suffering
9:24 | 137:16 141:5 | talking
29:25 |\n| statements
8:25 | sufficient
42:12 | 150:25 158:4,11 | 64:15 79:23 85:2 |\n| 69:19 111:14 | suggested
143:6 | 165:6 167:13 | 96:12 98:25 103:8 |\n| states
1:2 3:19 | suggesting
142:12 | 173:25 174:23 | 104:4 138:19 |\n| 42:6 54:23 62:5 | 142:17 | 176:7 179:11 | 146:13 160:16,16 |\n| 69:11,19 71:20 | suggestion
145:24 | surprise
83:24 | 160:17 162:18 |\n| 72:2,22 157:7 | suggestions
141:3 | surrounding | task
89:4 |\n| 162:8 171:11 | 141:8 | 182:12 | tasks
88:22 170:2 |\n| 176:19 | suite
2:18 6:8 | suspect
170:25 | 170:7 |\n| statistical
94:3 | sum
72:11 96:17 | swear
5:10,19 | tax
19:21,22 52:25 |\n| statute
75:16 | 135:17 | swearing
8:4 | 53:3,4 54:8,9 |\n| 82:22 | summarized | sworn
5:22 186:5 | 73:17 74:3,8 75:6 |\n| statutes
75:16 | 155:24 | 186:18 188:10 | 75:7,24 76:14 |\n| statutorily
72:24 | summary
94:2 | system
60:10 | 77:2,16,22,24 78:3 |\n| stay
18:2 123:9,13 | 129:21 130:9 | t | 78:17 79:9,11 |\n| stays
123:8 | 153:3 | t
5:21 6:5 186:2 | 80:8,10 168:9 |\n| step
13:19 46:2 | sun
59:14 | 187:2 188:2,2 | 169:9 173:3,5,6,11 |\n| 69:25 | supplement | tab
10:12 32:11 | 173:18 |\n| stepping
49:13 | 132:24 | 34:22 131:2 146:7 | taxation
19:9 22:2 |\n| steven
23:9,15,24 | support
19:6 22:4 | table
49:9,10 50:4 | taxes
42:7,7 53:5 |\n| 24:4 | 22:8 40:6 49:2 | taconic
113:20 | 73:24 74:17 77:20 |\n| street
2:13,18 6:8 | 51:24,24 55:21 | tail
45:4 | 107:6 |\n| stretto
89:22 90:8 | 85:19 112:6 | take
3:13 9:10 | taxing
75:11 |\n| 90:14 92:5,10,14 | 162:21 172:8 | 14:25 31:25 33:3 | team
55:7 56:20 |\n| 92:24 | | 35:15 53:8 67:5 | 59:10 106:6,6 |\n| | | | |\n\n[team - top]\n\n| 109:24 110:16 | thing 19:17 64:19 | 172:11 173:16,17 | 44:24 45:19 52:20 |\n|----------------------|--------------------|--------------------|-----------------------|\n| 138:19,20 153:13 | 66:3 79:13 117:23 | 177:12 178:16,16 | 60:6 65:25 81:11 |\n| 172:9,12 | 120:10 122:14 | 178:17 179:3 | 86:17,20 90:20,24 |\n| technical 56:9 | 124:21 135:12 | 181:19 182:22 | 97:3 104:21 106:8 |\n| technically
74:22 | 157:2 162:15 | 183:21 184:20 | 116:13 117:18 |\n| technology 169:6 | things 6:21 22:5 | thinking 40:8 | 118:23 123:24 |\n| teleconference | 51:21 54:18 69:14 | 117:7 123:12 | 136:13 137:11 |\n| 2:19 | 100:24 124:4 | 149:9 | 138:2 139:20 |\n| telephone 45:15 | 156:22 161:2 | third 63:18 64:15 | 140:3 146:23 |\n| tell
124:19,24 | 167:19 179:2 | 117:6 119:24 | 154:5 155:20 |\n| 127:3 135:8 | think 9:14 14:11 | 122:6 130:24 | 156:14,22 157:11 |\n| 154:14 184:15 | 14:12 16:17 18:15 | 133:12 184:10 | 157:25 159:25 |\n| telling 118:21 | 19:8 20:20 21:9 | 184:2
thirds | 160:14,15,21 |\n| 7:17 15:11
ten | 24:13 28:25 30:16 | thought 37:12 | 162:6 165:7,11 |\n| 85:3,3,4
tense | 30:20 31:2,5 34:6 | 38:18 46:25 56:21 | 174:2,10 178:25 |\n| 87:4 125:13
term | 34:11 36:13,19,22 | 95:14 114:2 | 179:12 186:10 |\n| testified 5:24 6:15 | 37:5,10 39:7,13,21 | 126:15 127:15 | 80:10 145:9
timely |\n| 88:9 | 40:9 43:9 45:10 | 138:20 142:7 | times
1:18 2:4,9 |\n| testify 10:2,9 12:2 | 45:24 47:19 49:13 | 153:9,13 161:21 | 3:25 6:18 7:15 |\n| 12:14,21 40:15 | 51:3 52:12 55:4 | 174:6 175:12 | 14:24 60:14 |\n| 41:2 186:5 | 56:10 60:8,17,20 | thoughts
151:3 | 104:23 177:11 |\n| testifying 7:25 | 70:6 73:22 76:20 | thousand 126:6 | timing 78:24 79:5 |\n| | | | |\n| 11:5 28:16 | 79:18 81:10,22 | 132:21,22 140:17 | 134:25 |\n| testimony 10:6 | 85:19 87:8 90:5 | 146:19 152:7 | timothy 2:19 5:15 |\n| 22:19 185:6 186:6 | 91:18 94:5 95:13 | 154:12 159:16,16 | title 21:15 86:12 |\n| 186:10 188:12 | 103:9 106:20,24 | 159:18 166:2 | 101:8 114:25 |\n| th
70:24 | 106:25 109:16,18 | 177:2 183:24,25 | today 7:25 8:13 |\n| thank 7:13 12:9 | 110:2,10,23 113:3 | threatened 143:16 | 9:13 10:10 11:5 |\n| 14:14 19:20 29:23 | 115:23 118:12 | three 19:272:7 | 15:4 159:5 |\n| 35:2 38:7,25 41:5 | 119:17 123:9 | 75:16 109:23 | today's
13:21 |\n| 41:13 45:24 56:25 | 124:21 125:17 | 112:16 161:25 | 185:6 |\n| 90:19 94:24 96:14 | 126:11,13,15 | 163:10 | told 63:6 102:10 |\n| 99:25 102:21 | 128:3,5 137:24 | 137:17
tie | 104:17 143:17 |\n| 103:2,3 113:13 | 139:3 140:6,15 | till
17:9 153:4 | 147:3 153:19 |\n| 119:2,4 128:19 | 141:19,25 144:7 | 15:18 28:13
tim | 181:2 182:14 |\n| 133:4 144:12 | 146:6,18,25 151:2 | 41:13 49:19 | 184:21 |\n| 159:6 161:8 | 152:4 153:8,14 | time 1:11,174:16 | tonight 85:13 |\n| thanks
41:16 | 154:18,24 155:5 | 11:14,18 15:9 | top 14:13 18:2 |\n| 144:18
theme | 159:7,10 161:12 | 16:18,19 17:13 | 33:4 41:18 48:23 |\n| 55:21
thereto | 163:2 167:7 | 19:8 21:12,23 | 97:5,8 130:10 |\n| 112:6 | 168:20 170:6,18 | 24:22 40:18 43:16 | 151:13 155:4 |\n\n**[topic - use]**\n\n| topic
12:2 | 70:11 72:6,12,22 | 134:6 141:13,23 | 47:7 63:22 65:21 |\n|-----------------------|-----------------------|-----------------------|----------------------|\n| topics
11:22 12:15 | 73:13 162:8,12 | 155:14 159:25 | 76:21 90:13 92:9 |\n| 12:22 | 176:18 | 161:19,19 179:18 | 92:13 107:18 |\n| total
94:22 95:12 | truth
186:5 | 181:19 183:25 | 108:19 113:21 |\n| 96:5 132:10 133:5 | truthful
8:5 10:6 | 184:2 | 115:20 119:9 |\n| 133:6,23,24 136:9 | truthfully
10:2,9 | type
17:15,20 | 121:3 141:15 |\n| totally
29:9,15 | try
8:20 15:22 | 68:14 122:14 | 147:4 149:10,11 |\n| 42:18 | 61:25 149:8 161:5 | 148:8,17 | 149:13,19 180:25 |\n| tower
3:25 | 171:5 | types
22:5 51:22 | 182:17 183:2 |\n| track
124:17 | trying
14:11 21:9 | 53:15 77:15,18 | understood
9:3 |\n| trade
120:14 | 45:9 48:14 132:15 | typically
43:20 | 88:6 89:17 100:16 |\n| trademarks
120:4 | 135:23,25 136:5 | 69:13 86:15 131:9 | 133:4 145:8 |\n| 120:14 | 162:14 163:10 | 154:9 166:5 | undisclosed
139:9 |\n| transaction
126:9 | 170:14 174:2 | u | 139:11,12 |\n| transactional | turbotax
60:23 | u.s.
72:6,12 73:13 | unheard
176:24 |\n| 80:12 | turn
3:9 11:8,21 | 161:10 162:12 | unit
3:16 |\n| transactions
80:9 | 33:2 68:5 96:24 | uh
8:25 | united
1:2 3:19 |\n| 82:9,25 84:13 | 105:18 137:23 | ultimately
150:22 | 54:23 62:5 69:11 |\n| 171:17 | turning
20:24 23:5 | un
42:7,8,9 | 69:19 71:20 72:2 |\n| transcript
8:14 | 29:24 34:3 35:23 | unclear
47:2 | 72:22 157:7 162:8 |\n| 186:9,9 | 37:18 41:5 43:6 | uncover
40:22 | universe
154:6 |\n| transfer
82:10 | 48:22 49:9 50:4 | uncovered
40:23 | unkept
42:9 |\n| 152:22 171:18 | 55:12 61:7 73:15 | underperforming | unknown
130:10 |\n| transfers
82:20 | 80:16 82:7 85:17 | 19:5 | 140:24 157:17 |\n| translated
57:8,14 | 86:5 88:19,19 | understand
7:24 | unpaid
156:13 |\n| 57:16,19 | 91:4 92:18 95:11 | 8:3,15,21 9:2,4,7 | unregistered |\n| travel
123:2,21 | 103:7 106:11 | 9:15,20,22 11:25 | 120:6,17 |\n| 143:3 | 109:3 113:13 | 12:13,18 25:19 | unrelated
14:22 |\n| travels
115:24 | 115:12 120:3 | 27:11 34:11,13,16 | unsecured
167:23 |\n| treated
77:21 | 124:25 126:5 | 34:17 40:16 58:7 | updated
137:17 |\n| tried
59:13 134:25 | 130:8 132:6 | 81:17 86:21 | upkeep
107:9 |\n| 136:11 | 140:11 148:3 | 112:19 115:7 | uploaded
109:17 |\n| trucks
97:14 | 149:14 151:13 | 129:14 147:18 | 109:20 |\n| true
157:2 172:15 | 159:7 | 148:11 150:5 | ups
164:18 |\n| 186:9 188:11 | turns
144:24 | 153:5 158:11 | use
53:11 64:24 |\n| trustee
54:23 | twitter
120:20 | 166:14 169:2 | 113:18,22 115:15 |\n| 69:11 71:20 72:2 | two
14:24 15:11 | 170:17 175:10 | 116:6,10 117:3,7 |\n| 157:7 163:17 | 15:12 50:16 62:20 | 177:20 | 117:22,24 119:7 |\n| 176:21,22 | 77:15 82:23 87:18 | understanding | 122:19 139:17 |\n| trustees
20:16 | 90:7 92:8 129:5 | 11:4 27:18 28:11 | 158:24 162:4 |\n| 62:6 68:24 69:19 | 132:18 133:10 | 32:23 37:15 38:8 | 169:5 |\n| | | | |\n\n[uses - witness]\n\n| 60:17 115:21
uses | 55:15 56:19,23 | 165:7,11 184:25 | 104:19,21 117:25 |\n|----------------------|---------------------------------------|-----------------------|-------------------------------|\n| usually 69:15,16 | 57:2 58:15,21 | 185:4 | 134:15 141:17 |\n| 81:12 83:25 86:25 | 59:15,25 61:14,18 | videos 120:8,19 | 156:23 162:2 |\n| 87:11,18 117:17 | 64:11 65:9,13 | 36:25 107:2
view | 188:16 |\n| 134:15 154:11 | 66:10 67:9,12,15 | 148:18 149:6 | 77:22
ways |\n| utilities
144:12 | 67:24 71:12,18 | 166:10,19,23 | we've 16:3 20:16 |\n| V | 72:17 73:18 76:10 | 170:10 | 20:20 21:4,10,10 |\n| v&l 56:3 | 76:25 78:16 80:20 | virtually 74:19 | 22:13 30:10,15 |\n| | 82:3 83:4 84:17 | 169:8 176:18,20 | 44:20 45:10 55:14 |\n| 88:12
v&l's | 84:22 85:25 87:19 | 118:16 142:5
visit | 67:14 85:8 94:5 |\n| valuable
116:3 | 87:23 89:18 93:3 | visits
118:9 | 128:12 129:20 |\n| valuation
121:10 | 94:6,10 95:3 | volunteered
184:8 | 132:3 134:10 |\n| 121:13 | 96:20 97:10,15 | W | 154:18,21 158:16 |\n| value
67:15 | 98:5 99:5 100:8 | | 162:16 163:20 |\n| 102:24 120:22 | 101:13 102:3 | wait
8:19 | 164:3 |\n| 121:7,19,22,25 | 106:2 107:23 | walk
55:16 94:13 | 19:13
wealthy |\n| 122:3,5 | 109:5,11 111:20 | walked
110:16 | 162:8
website |\n| vans 97:14 | 112:8,16,17,20 | 98:4
walking | wednesday 16:17 |\n| various 18:2 20:3 | 122:15 124:9 | 141 · 7 | 45:17 116:2,16 |\n| 42:2.5.6 51:16 | 125:22 128:10 | 1:5 2:9 3:18
wan | 123:16,18 126:12 |\n| 54:22 57:9 58:24 | 134:21 135:15,19 | 5:5 11:694:4 | 174:15 182:23 |\n| 59:6 69:22 75:11 | 136:22 140:23 | 111:18 | week 42:13 |\n| 118:24 120:8,13 | 144:21 149:11 | 16:25 40:21
want | 66:24
weekly |\n| 120:19 183:13 | 163:17 | 40:22 44:17 45:18 | welcome 41:14 |\n| vehicle 115:23,24 | verdolino's 130:14 | 55:16 66:23 75:21 | went 17:5,8 31:5 |\n| 117:13,22,23 | 59:16 138:3
verify | 94:13 104:2 | 43:24 45:19 |\n| vehicles 115:14,21 | veritext 4:3,5 | 105:18 107:5,12 | 122:23,24,25 |\n| 116:9,13 117:2,8 | vermont 176:17 | 146:3 147:19 | 123:5 174:7 |\n| 118:25 | 79:16
version | 149:8 168:18 | 17:4
western |\n| verdolino 1:15 7:9 | 127:13 133:15 | 172:3 | whatsoever |\n| 10:25 12:14,22 | 137:17,24 140:12 | wanted 45:21 | 123:22 |\n| 13:24 15:16 17:12 | | 105:10 110:14 | whereof 188:18 |\n| 18:22,25 19:25 | 140:20,22 150:10
versus 38:9 41:24 | 144:7 163:22 | |\n| 20:10,15 21:15,20 | 119:24 | wants 69:20 172:2 | whispering 3:7
wife 138:25 |\n| 22:24 23:6,18,25 | | 172:3 | |\n| 24:17 25:7 26:3 | video 1:14 3:13,17 | washington 6:8 | 141:13 142:8,24 |\n| 30:11,13 31:15 | videographer 2:22 | water 34:24 | 145:14 |\n| 36:7,18 37:3,23 | 3:2 4:4 5:9,18 | watercraft 97:15 | willing 64:20 |\n| 38:21 39:4,17 | 8:10 11:14,18 | 119:5 | 67:18,20
wip |\n| 43:7 44:13 48:8 | 34:23 35:4 90:20 | watermark
162:6 | wire
152:21 |\n| 48:20 49:4,14,18 | 90:24 139:20 | way 47:21 54:19 | witness 5:11,20,22 |\n| 49:25 50:15,20 | 140:3 164:25 | 62:10 67:3 75:14 | 26:21 27:8 28:15 |\n\n[witness - zero]\n\n| 29:10,11,16 35:3 | 91:3
wrapping | Z |\n|----------------------|----------------------|---------------------|\n| 46:21 59:12 78:11 | 96:8
wraps | 67:14 79:20
zero |\n| 83:8 85:10 116:12 | write 36:13 41:18 | 82:21 94:24 |\n| 130:2 131:4,12 | 177:10 | 106:13,16,24 |\n| 148:2 164:20 | 34:4 39:6
writes | 107:19 108:20,23 |\n| 167:9 176:11 | writings 113:9 | 146:4,11 |\n| 185:9 188:9,12,18 | written 8:12 65:18 | |\n| word
રતેઃડો | 119:8 121:2 | |\n| words
27:9 | 126:10 | |\n| work
17:8 19:9,11 | wrong 73:5 162:13 | |\n| 22:19 40:4 42:10 | 170:24 | |\n| 43:8 44:13 46:22 | wrote 37:5 181:25 | |\n| 54:5,8,9 56:12,13 | 182:4 | |\n| 57:17 58:20 59:24 | X | |\n| 61:14,18 64:11 | | |\n| 66:4,11 67:21 | 1:3,8 187:2,17
X | |\n| 68:14 70:14 73:3 | y | |\n| 73:18 76:24 78:15 | yacht
119:7 | |\n| 80:19 83:14,15,17 | yeah
59:13 170:13 | |\n| 84:2 86:2 88:10 | 172:25 | |\n| 88:14,17 89:17 | year 42:13 74:11 | |\n| 90:2,3,13 97:10,16 | 74:12 75:15,16 | |\n| 97:20 98:6 109:10 | 82:23 154:10,13 | |\n| 112:14,20 121:11 | years 7:17 17:13 | |\n| 125:23 135:19 | 18:3 20:21 82:23 | |\n| 154:19,25 167:24 | 82:24 166:3,4 | |\n| 169:22 176:20 | 169:3 176:7 | |\n| 177:2 178:2,5 | 36:2 95:22
yep | |\n| worked 15:20 45:2 | 121:9 178:8,10 | |\n| 56:16 92:5 95:5 | yesterday 106:22 | |\n| 100:17 109:22 | 123:16 126:12 | |\n| 135:22 136:4,9 | york 1:18,19,21 | |\n| working 51:18 | 2:5,5,10,10 3:25 | |\n| 90:6 96:22 136:15 | 4:2 5:23 58:8 | |\n| 155:25 178:4 | 79:15,17 115:8,10 | |\n| works 134:15 | 146:22 173:19 | |\n| 176:9 | 176:14 188:3,7 | |\n| world 38:2 | youtube 120:20 | |\n| worried 182:10 | | |\n| worth 19:10,25 | | |\n| | | |\n| | | |\n\nFederal Rules of Civil Procedure\n\nRule 30\n\n(e) Review By the Witness; Changes.\n\n(1) Review; Statement of Changes. On request by the deponent or a party before the deposition is completed, the deponent must be allowed 30 days after being notified by the officer that the transcript or recording is available in which: (A) to review the transcript or recording; and (B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them.\n\n(2) Changes Indicated in the Officer's Certificate. The officer must note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, must attach any changes the deponent makes during the 30-day period.\n\nDISCLAIMER: THE FOREGOING FEDERAL PROCEDURE RULES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE ABOVE RULES ARE CURRENT AS OF APRIL 1, 2019. PLEASE REFER TO THE APPLICABLE FEDERAL RULES OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION.\n\n85\n\nVERITEXT LEGAL SOLUTIONS COMPANY CERTIFICATE AND DISCLOSURE STATEMENT\n\nVeritext Legal Solutions represents that the foregoing transcript is a true, correct and complete transcript of the colloquies, questions and answers as submitted by the court reporter. Veritext Legal Solutions further represents that the attached exhibits, if any, are true, correct and complete documents as submitted by the court reporter and/or attorneys in relation to this deposition and that the documents were processed in accordance with our litigation support and production standards.\n\nVeritext Legal Solutions is committed to maintaining the confidentiality of client and witness information, in accordance with the regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA), as amended with respect to protected health information and the Gramm-Leach-Bliley Act, as amended, with respect to Personally Identifiable Information (PII). Physical transcripts and exhibits are managed under strict facility and personnel access controls. Electronic files of documents are stored in encrypted form and are transmitted in an encrypted fashion to authenticated parties who are permitted to access the material. Our data is hosted in a Tier 4 SSAE 16 certified facility.\n\nVeritext Legal Solutions complies with all federal and State regulations with respect to the provision of court reporting services, and maintains its neutrality and independence regardless of relationship or the financial outcome of any litigation. Veritext requires adherence to the foregoing professional and ethical standards from all of its subcontractors in their independent contractor agreements.\n\nInquiries about Veritext Legal Solutions' confidentiality and security policies and practices should be directed to Veritext's Client Services Associates indicated on the cover of this document or at www.veritext.com.","body_zh":null,"key_entities":["Je","CIPA","Kwok","Ho Wan Kwok","GTV","GETTR"],"ecf_references":[{"doc_number":19,"court":"CTB"},{"doc_number":120,"court":"CTB"}],"word_count":58552,"status":"published","published_at":"2022-05-20 00:00:00","created_at":"2022-05-20","updated_at":"2026-07-07 08:19:56"}