郭文贵破产案 · EXHIBIT · ECF #1604-23

元数据

当事人: 郭文贵 (Guo Wengui / Miles Guo / Ho Wan Kwok)
法院: CTB
案号: 22-50073
ECF #: 1604
类型: EXHIBIT
立案日: 2023-03-27

原始法庭文件为英文，下方为英文全文。

全文

## **Exhibit 23**

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*DANIEL PODHASKIE December 11, 2019*

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*Original File 293035B.txt Min-U-Script® with Word Index* Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 3 of 140

**1**

**1 SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF NEW YORK -----------------------------------------X 3 PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P., 4 Plaintiff, 5 - against - 6 KWOK HO WAN, a/k/a KWOK HO, a/k/a GWO 7 WEN GUI, a/k/a GUO WENGUI, a/k/a GUO WEN-GUI, a/k/a WAN GUE HAOYUN, a/k/a 8 MILES KWOK, a/k/a HAOYUN GUO, 9 Defendant. 10 Index No.: 652077/2017 -----------------------------------------X 11 12 605 Third Avenue New York, New York 13 December 11, 2019 14 2:56 p.m. 15 16 VIDEOTAPED EXAMINATION BEFORE TRIAL 17 of DANIEL PODHASKIE, before Melissa Gilmore, a 18 Shorthand Reporter and Notary Public of the 19 State of New York. 20 21 22 23 ELLEN GRAUER COURT REPORTING CO., LLC 126 East 56th Street, Fifth Floor 24 New York, New York 10022 212-750-6434 25 REF: 293035B**

| 1 | A P P E A R A N C E S: | |----|------------------------------------| | 2 | | | 3 | O'MELVENY & MYERS LLP | | 4 | Attorneys for Plaintiff | | 5 | 7 Times Square | | 6 | New York, New York 10036 | | 7 | BY: EDWARD MOSS, ESQ. | | 8 | STUART SARNOFF, ESQ. | | 9 | ELI A. GROSSMAN, ESQ. | | 10 | PHONE 212-728-5651 | | 11 | E-MAIL emoss@omm.com | | 12 | ssarnoff@omm.com | | 13 | egrossman@omm.com | | 14 | | | 15 | | | 16 | HODGSON RUSS LLP | | 17 | Attorneys for Defendant | | 18 | 605 Third Avenue, Suite 2300 | | 19 | New York, New York 10158 | | 20 | BY: JILLIAN MARIE SEARLES, ESQ. | | 21 | PHONE 646-218-7591 | | 22 | E-MAIL jsearles@hodgsonruss.com | | 23 | | | 24 | | | 25 | |

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``` 1 A P P E A R A N C E S: (Cont'd) 2 3 LAWALL & MITCHELL, LLC 4 Attorneys for the Genever Entities 5 55 Madison Avenue 6 Morristown, New Jersey 07960 7 BY: AARON A. MITCHELL, ESQ. 8 PHONE 914-760-8963 9 E-MAIL aaron@lmesq.com 10 11 12 ALSO PRESENT: 13 YVETTE WANG, Genever 14 DAN MACOM, Videographer 15 16 17 18 19 20 21 22 23 24 25 ``` Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 6 of 140

| 1 | | ------------------- |----|------------------|------------------- | 2 | WITNESS | EXAMINATION BY | 3 | DANIEL PODHASKIE | MR. MOSS | 4 | | MR. MITCHELL | 5 | | | 6 | DIRECTIONS: | PAGE 91, 93 | 7 | | | 8 | | | 9 | | ---------------- | 10 | PODHASKIE | DESCRIPTION | 11 | Exhibit 1 | Corporate representative | 12 | | notice for the deposition | 13 | | of Genever New York | 14 | Exhibit 2 | Notice for the deposition | 15 | | of Genever BVI | 16 | Exhibit 3 | Collection of corporate | 17 | | documents, Bates Stamped | 18 | | KWOK143 through 194 | 19 | Exhibit 4 | Certificate of | 20 | | Registration of Charge | 21 | Exhibit 5 | Notice of Satisfaction or | 22 | | Release of Registered | 23 | | Charge Pursuant to | 24 | | Section 165 | 25 | | I N D E X ------------------- | | --------------------------------|----------| | PAGE | | 8 | | 119 | | | | | | | | | E X H I B I T S ---------------- | | | FOR I.D. | | 9 | | | | | | 9 | | | | 20 | | | | | | 55 | | | | 56 | | | | | | | | |

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| 1 | | ------------ E X H I B I T S (Cont'd) ----------- | |----|------------|---------------------------------------------------| | 2 | PODHASKIE | DESCRIPTION FOR I.D. | | 3 | Exhibit 6 | Defendant's Memorandum of 58 | | 4 | | Law in Opposition to | | 5 | | Plaintiff's Motion for an | | 6 | | Order of Pre-Judgment | | 7 | | Attachment | | 8 | Exhibit 7 | Certificate of 65 | | 9 | | Registration of Charge | | 10 | Exhibit 8 | Notice of Satisfaction or 69 | | 11 | | Release of Registered | | 12 | | Charge | | 13 | Exhibit 9 | Declaration of Trust and 103 | | 14 | | Agreement | | 15 | Exhibit 10 | Letter from Stevenson 112 | | 16 | | Wong dated March 4, 2015 | | 17 | | | | 18 | | | | 19 | | (EXHIBITS TO BE PRODUCED) | | 20 | | | | 21 | | | | 22 | | | | 23 | | | | 24 | | | | 25 | | | | | | |

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| 1 | STIPULATIONS | |----|----------------------------------------------| | 2 | | | 3 | IT IS HEREBY STIPULATED AND | | 4 | AGREED by and between the attorneys for the | | 5 | respective parties herein that the sealing, | | 6 | and filing be, and the same are hereby | | 7 | waived. | | 8 | IT IS FURTHER STIPULATED AND | | 9 | AGREED that all objections, except as to the | | 10 | form of the question, shall be reserved to | | 11 | the time of the trial. | | 12 | IT IS FURTHER STIPULATED AND | | 13 | AGREED that the within deposition may be | | 14 | sworn to and signed before any officer | | 15 | authorized to administer an oath, with the | | 16 | same force and effect as if signed to before | | 17 | the court. | | 18 | | | 19 | - oOo - | | 20 | | | 21 | | | 22 | | | 23 | | | 24 | | | 25 | |

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| 1 | P R O C E E D I N G S | |----|----------------------------------------------| | 2 | | | 3 | THE VIDEOGRAPHER: This is the | | 4 | videotaped deposition of Mr. Daniel T. | | 5 | Podhaskie, taken by the plaintiff in the | | 6 | matter of Pacific Alliance Asia | | 7 | Opportunity Fund L.P. versus Wan, et al., | | 8 | in the Supreme Court of the State of New | | 9 | York in the County of New York. The Index | | 10 | Number is 652077/2017. | | 11 | This deposition is being held at the | | 12 | offices of Hodgson Russ, and today's date | | 13 | is December 11, 2019. | | 14 | My name is Dan Macom. I'm from | | 15 | Ellen Grauer, a U.S. Legal Support | | 16 | Company. | | 17 | Our court reporter today is | | 18 | Ms. Melissa Gilmore, also from Ellen | | 19 | Grauer, a U.S. Legal Support Company. | | 20 | All counsel here today, their | | 21 | appearances will appear on the written | | 22 | record. | | 23 | I will ask at this time that our | | 24 | court reporter please swear in the | | 25 | witness. |

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**8**

**1 D A N I E L P O D H A S K I E, called as 2 a witness, having been sworn by a Notary 3 Public, was examined and testified as 4 follows: 5 6 EXAMINATION BY 7 MR. MOSS: 8 Q. Mr. Podhaskie, you are here as a 9 corporate representative for two entities; is 10 that correct? 11 A. Yes. 12 Q. And one of those entities is Genever 13 Holdings, LLC, right? 14 A. Correct. 15 Q. And I'm going to refer to that 16 entity today as Genever New York. Is that 17 okay? 18 A. That's fine. 19 Q. Will you understand what I mean when 20 I say Genever New York that I'm referring to 21 Genever Holdings, LLC? 22 A. Yes. 23 Q. And the other entity you are here on 24 behalf of is Genever Holdings Corporation BVI; 25 is that correct?**

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. Yes. | | 3 | Q. And I'm going to refer to that | | 4 | entity as Genever BVI. Is that okay? | | 5 | A. That's fine. | | 6 | Q. And you'll understand that when I'm | | 7 | talking about Genever BVI, I mean Genever | | 8 | Holdings Corporation? | | 9 | A. I do. | | 10 | Q. Thank you. | | 11 | I assume there is no reason why you | | 12 | can't give truthful and accurate testimony here | | 13 | today? | | 14 | A. No. | | 15 | (Podhaskie Exhibit 1, Corporate | | 16 | representative notice for the deposition | | 17 | of Genever New York, marked for | | 18 | identification.) | | 19 | (Podhaskie Exhibit 2, Notice for the | | 20 | deposition of Genever BVI, marked for | | 21 | identification.) | | 22 | THE VIDEOGRAPHER: We are on the | | 23 | record. The time is 2:59 p.m. | | 24 | Q. Mr. Podhaskie, I have handed you | | 25 | what we have marked as Podhaskie 1 and |

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| 1 | PODHASKIE | |----|--------------------------------------------------| | 2 | Podhaskie 2. Number 1 is the corporate | | 3 | representative notice for the deposition of | | 4 | Genever New York, and Exhibit 2 is the notice | | 5 | for the deposition of Genever BVI. Is that -- | | 6 | is that correct? | | 7 | MR. MITCHELL: Object to the form of | | 8 | the question. | | 9 | A. (Document review.) Exhibit 1 is a | | 10 | deposition notice to Genever New York and | | 11 | Exhibit 2 is a deposition notice to Genever | | 12 | BVI, as you previously defined them. | | 13 | Q. Great. Thank you. | | 14 | Now, if you can take a look, please, | | 15 | we can start with Exhibit 1. Please take a | | 16 | look at the last page of that exhibit. | | 17 | And do you see that there are five | | 18 | deposition topics? | | 19 | A. Yes. | | 20 | Q. Are you prepared to testify on those | | 21 | five topics today? | | 22 | A. Yes. | | 23 | Q. And if you can please take a look at | | 24 | Exhibit 2, at the last page of that exhibit, do | | 25 | you see that there are five deposition topics |

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| 1 | PODHASKIE | |----|--------------------------------------------------| | 2 | on that page? | | 3 | A. Yes. | | 4 | Q. Are you prepared to testify on those | | 5 | five deposition topics today? | | 6 | A. Yes. | | 7 | Q. What did you do to prepare to | | 8 | testify on behalf of Genever New York and | | 9 | Genever BVI on these topics that we just | | 10 | covered? | | 11 | MR. MITCHELL: Object to the form of | | 12 | the question. | | 13 | You can answer. | | 14 | A. I reviewed each one of these | | 15 | deposition notices and the topics that were | | 16 | designated. I reviewed the corporate records | | 17 | for Genever New York and for Genever BVI. I | | 18 | spoke with Miles Kwok. I spoke with Guo Qiang | | 19 | and I spoke with Yvette Wang. | | 20 | MR. MITCHELL: Maybe, just to go on | | 21 | the record here, just because | | 22 | Mr. Podhaskie is an attorney, I'm | | 23 | certainly going to allow you to ask | | 24 | questions regarding the 30(b)(6) | | 25 | discussions he had with those individuals, |

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**12**

**1 PODHASKIE 2 but anything outside of that, I'm going to 3 assert privilege. 4 MR. MOSS: Sure. Understood. 5 That's helpful. 6 BY MR. MOSS: 7 Q. So let's start with Mr. Kwok. What 8 did you discuss with Mr. Kwok in connection 9 with preparing for your testimony here today as 10 a corporate representative? 11 A. I asked him if he would have any 12 knowledge about the topics that are listed on 13 the notice of deposition. 14 Q. And what did he say? 15 A. He indicated he would not know. 16 Q. Anything else about your 17 conversation with Mr. Kwok as it relates to 18 your preparation for your corporate 19 representative topics today? 20 A. Did I discuss anything else with him 21 about this, the preparation? Other than that, 22 no. 23 Q. Who is Guo Qiang? 24 A. He is Mr. Kwok's son. 25 Q. And did you speak with Mr. Qiang by**

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | phone, in person? How did you communicate? | | 3 | MR. MITCHELL: Just for | | 4 | clarification, his first name is Qiang. | | 5 | MR. MOSS: Sorry. | | 6 | Q. Mr. Guo. Let me try it again. | | 7 | When you speak with Mr. Kwok's son, | | 8 | how did you communicate with him? | | 9 | A. By telephone. | | 10 | Q. Who called who? | | 11 | A. I was with Yvette Wang at the time | | 12 | and she called Guo Qiang. | | 13 | Q. And where was Guo Qiang located when | | 14 | you spoke with him? | | 15 | A. I believe he was in England. | | 16 | Q. And what did the two of you discuss? | | 17 | A. We discussed the deposition topics | | 18 | that were noticed and the corporate formalities | | 19 | of both Genever New York and Genever BVI. | | 20 | Q. Do you remember anything he told | | 21 | you? | | 22 | A. Yes. | | 23 | Q. Can you just tell me your best | | 24 | recollection about what Guo Qiang told you | | 25 | during that conversation to prepare for your |

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| 1 | PODHASKIE | |----|---------------------------------------------------| | 2 | corporate representative testimony? | | 3 | A. How much time do I have? | | 4 | Q. As much as you need. | | 5 | A. Well, we went through each of the | | 6 | topics one by one. We discussed the formation | | 7 | and business purpose of both Genever BVI and | | 8 | Genever New York. We discussed the corporate | | 9 | and ownership structure of both Genever BVI and | | 10 | Genever New York. We discussed the personnel | | 11 | management and organization structure of both | | 12 | Genever BVI and Genever New York. We discussed | | 13 | Genever BVI's relationship to Mr. Kwok and | | 14 | Genever New York. And we discussed the assets | | 15 | that are currently held by both Genever BVI and | | 16 | Genever New York. | | 17 | Q. Anything else you remember? | | 18 | A. I think we briefly discussed the | | 19 | purchase of the residence at The | | 20 | Sherry-Netherland Hotel in New York. | | 21 | Q. And do you recall anything about | | 22 | that discussion? | | 23 | A. Yes. | | 24 | Q. Can you tell me what you remember? | | 25 | A. Anything specific that you're |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | looking for? | | 3 | Q. You said it was a brief discussion. | | 4 | Just anything you remember about that brief | | 5 | discussion. | | 6 | A. He told me that they were looking to | | 7 | buy a residence at -- you know, somewhere in | | 8 | New York, and that he had attended the meetings | | 9 | with The Sherry-Netherland with his father, you | | 10 | know, he attended a lot of the meetings, spoke | | 11 | with the president of the -- or the vice | | 12 | president, I'm not sure of the title, of The | | 13 | Sherry-Netherland. | | 14 | He had signed some application forms | | 15 | to purchase the residence on behalf of Genever | | 16 | New York and I think that's about it. | | 17 | Q. When you say they were looking to | | 18 | buy residences, who is the "they" you're | | 19 | referring to? | | 20 | A. The Guo family. | | 21 | Q. And is that Mr. Kwok and his son or | | 22 | is that something broader than that? | | 23 | A. In particular, it was Guo Qiang, | | 24 | Mr. Kwok's son. | | 25 | Q. When was the conversation you had |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | with Guo Qiang? | | 3 | A. I believe this past Monday, | | 4 | December 9. | | 5 | Q. You said you also spoke with | | 6 | Ms. Yvette Wang to prepare for your testimony; | | 7 | is that correct? | | 8 | A. She was present when I had the | | 9 | conversation with Guo Qiang. | | 10 | Q. Did you have any conversations with | | 11 | her other than her being present for the | | 12 | conversation with Guo Qiang? | | 13 | A. Yes. | | 14 | Q. In connection with preparation for | | 15 | this deposition? | | 16 | A. Yes. | | 17 | Q. And can you tell me what the two of | | 18 | you discussed, please? | | 19 | A. I think we discussed the address for | | 20 | Genever and who maintains -- whether it has an | | 21 | office here in New York, Genever New York, that | | 22 | is, and the same for Genever BVI. | | 23 | Q. Anything else? | | 24 | A. No. I think that's it. | | 25 | Q. What is Ms. Wang's role with Genever |

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| 1 | PODHASKIE | | | |----|-------------------------------------------------|----------------------------------------|--| | 2 | New York? | | | | 3 | A. | I don't know. | | | 4 | Q. | What is Ms. Wang's role with Genever | | | 5 | BVI? | | | | 6 | A. | I don't know. | | | 7 | Q. | Well, you're prepared to testify | | | 8 | about the personnel of Genever New York, right, | | | | 9 | that's topic 3, in Exhibit 1; is that right? | | | | 10 | A. | Yes. | | | 11 | Q. | Are you prepared to testify on that? | | | 12 | A. | I am. | | | 13 | Q. | You didn't ask Ms. Wang what her | | | 14 | role was with Genever New York? | | | | 15 | A. | I think you're assuming she has a | | | 16 | | role with Genever New York. | | | 17 | Q. | Did you ask her whether she has a | | | 18 | | role with Genever New York? | | | 19 | A. | Yes. | | | 20 | Q. | And what did she tell you? | | | 21 | A. | She has no official role with | | | 22 | Genever New York. | | | | 23 | Q. | Does she have an unofficial role | | | 24 | with Genever New York? | | | | 25 | | MR. MITCHELL: Object to the form of | |

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| 1 | PODHASKIE | | |----|------------------------------------------------|--| | 2 | the question. | | | 3 | You can answer. | | | 4 | A. What do you mean by "unofficial | | | 5 | role"? | | | 6 | Q. Well, you testified that you didn't | | | 7 | know whether she had a role with Genever New | | | 8 | York. Is that -- is that your testimony? | | | 9 | MR. MITCHELL: Object to the form of | | | 10 | the question. | | | 11 | A. If that's what the record reflects. | | | 12 | Q. I asked you, what is Ms. Wang's role | | | 13 | with Genever New York, and you answered, I | | | 14 | don't know. | | | 15 | Do you recall that testimony? | | | 16 | A. Yes. | | | 17 | Q. Is that accurate? | | | 18 | A. Yes. | | | 19 | Q. Okay. Do you know whether she has | | | 20 | any role, official or unofficial, with Genever | | | 21 | New York? And by "her," I'm referring to | | | 22 | Yvette Wang. | | | 23 | A. I don't know. | | | 24 | Q. Did you ask her whether she had a | | | 25 | role with Genever New York? | |

| 1 | PODHASKIE | | |----|-------------------------------------------------|--| | 2 | A. What do you mean by "role"? Can you | | | 3 | be more specific? | | | 4 | Q. I asked you what Ms. Wang told you | | | 5 | and you answered she has no official role with | | | 6 | Genever New York. | | | 7 | What did you mean by the word | | | 8 | "role"? | | | 9 | A. She is not employed by Genever New | | | 10 | York. | | | 11 | Q. Does she have any duties, | | | 12 | responsibility in connection with, affiliation | | | 13 | with Genever New York? | | | 14 | MR. MITCHELL: Object to the form of | | | 15 | the question. | | | 16 | A. I don't know. | | | 17 | Q. You didn't ask her? | | | 18 | A. No. | | | 19 | Q. Let's -- let's focus on Genever BVI. | | | 20 | Mr. Podhaskie, I'm going to hand you | | | 21 | a collection of corporate documents that were | | | 22 | produced to us in this case by -- by one of the | | | 23 | Genever entities, I'm not sure which one, but | | | 24 | they have Kwok Bates stamps on them, and I'm | | | 25 | going to look at -- I'm going to direct your | |

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| 1 | PODHASKIE | | |----|---------------------------------------------------|--| | 2 | attention to various documents within here. If | | | 3 | there are other documents you feel you need to | | | 4 | look at to answer questions or you want to flip | | | 5 | through this, you're more than welcome to. | | | 6 | (Podhaskie Exhibit 3, Collection of | | | 7 | corporate documents, Bates Stamped KWOK143 | | | 8 | through 194, marked for identification.) | | | 9 | MR. MITCHELL: Are you marking this | | | 10 | as Podhaskie 3? | | | 11 | MR. MOSS: I'm marking this together | | | 12 | as 3, yes. | | | 13 | Q. So Mr. Podhaskie, Exhibit 3, as I | | | 14 | mentioned, is a compilation of documents. They | | | 15 | are in sequential Bates order, and they are | | | 16 | KWOK143 through KWOK194. And they are various | | | 17 | corporate documents with respect to the two | | | 18 | Genever entities. | | | 19 | So I would like to direct your | | | 20 | attention to page -- the Bates page 176. This | | | 21 | is entitled "Authorization to Date Director's | | | 22 | Resolution," and it's Bates stamped KWOK176. | | | 23 | Can you identify this document? | | | 24 | A. (Document review.) It is entitled | | | 25 | "Authorization to Date Director's Resolution," | |

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| 1 | PODHASKIE | | |----|-----------------------------------------------|--| | 2 | and it appears to be dated effective the 12th | | | 3 | day of February, 2015. | | | 4 | Q. And it relates to the Genever BVI | | | 5 | entity? | | | 6 | A. Yes. | | | 7 | Q. And is this a true and correct copy | | | 8 | of this Authorization to Date Director's | | | 9 | Resolution, as far as you can tell? | | | 10 | A. Based on the documents that I | | | 11 | reviewed in preparation for today, it would | | | 12 | appear to be true and accurate. | | | 13 | Q. And is that -- that signature at the | | | 14 | bottom, is that Mr. Kwok's signature? | | | 15 | MR. MITCHELL: Object to the form of | | | 16 | the question. | | | 17 | A. I don't know. | | | 18 | Q. Kwok Ho Wan, do you see underneath | | | 19 | the signature line, it has the words | | | 20 | typewritten "Kwok Ho Wan"? | | | 21 | A. Yes. | | | 22 | Q. Is that Miles Kwok? | | | 23 | A. Yes. | | | 24 | Q. Do you have any reason to believe | | | 25 | that's not his signature? | |

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| 1 | | PODHASKIE | |----|------------------------------------------------|-------------------------------------------------| | 2 | A. No. | | | 3 | Q. | And it says here, "The undersigned | | 4 | | is forming a corporation under the laws of the | | 5 | British Virgin Islands, such corporation to be | | | 6 | known as Genever Holdings Corporation, the | | | 7 | company." | | | 8 | | Did I read that correctly? | | 9 | A. | You're reading from the beginning of | | 10 | the first paragraph? | | | 11 | Q. | Yes, the first sentence. | | 12 | A. | (Document review.) Yes. | | 13 | Q. | And the undersigned is Mr. Kwok; is | | 14 | that right? | | | 15 | A. Correct. | Correct. | | 16 | Q. | Mr. Kwok formed Genever Holdings | | 17 | Corporation, correct? | | | 18 | A. | That's what this document reflects. | | 19 | Q. | And you don't have any reason to | | 20 | | believe this document that was produced from | | 21 | | Mr. Kwok's or Genever's files is inaccurate, do | | 22 | you? | | | 23 | A. No. | | | 24 | Q. | Take a look, please, Mr. Podhaskie, | | 25 | at page KWOK145. | |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | Can you identify this document which | | 3 | is -- the title of it is "Territory of the | | 4 | British Virgin Island Acts, BVI Companies Act | | 5 | 2004, Certificate of Incorporation, Section 7 | | 6 | for Genever Holdings Corporation." | | 7 | Can you identify this? | | 8 | MR. MITCHELL: Object to the form of | | 9 | the question. | | 10 | A. Yes. This appears to be a copy of | | 11 | the certificate of incorporation for Genever | | 12 | BVI. | | 13 | Q. Do you have any reason to believe | | 14 | that this document is not authentic and | | 15 | accurate? | | 16 | A. Based on the documents that I | | 17 | reviewed in preparation for today, this appears | | 18 | to be an accurate copy. | | 19 | Q. And is it correct that Genever BVI | | 20 | was incorporated in the BVI on February 13, | | 21 | 2015? | | 22 | A. Yes, I believe that's correct. | | 23 | Q. Who besides Mr. Kwok was involved in | | 24 | forming Genever BVI? | | 25 | A. Guo Qiang. |

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| 1 | PODHASKIE | |----|-----------------------------------------------| | 2 | Q. That's Mr. Kwok's son? | | 3 | A. Correct. | | 4 | Q. Anybody else? | | 5 | A. Not that I'm aware of. | | 6 | Q. Why was Genever BVI formed? | | 7 | A. Initially, it was formed to own a | | 8 | US-based company that was going to purchase | | 9 | real estate. | | 10 | Q. And was the US-based company Genever | | 11 | New York? | | 12 | A. Yes. | | 13 | Q. And was the real estate the | | 14 | apartment at The Sherry-Netherland Hotel? | | 15 | A. That ultimately ended up being the | | 16 | real estate that Genever purchased. | | 17 | Q. So is it your testimony that, at the | | 18 | time, there was the thought to buy some real | | 19 | estate in the United States, but they just | | 20 | didn't know exactly what that real estate was | | 21 | going to be? | | 22 | MR. MITCHELL: Object to the form of | | 23 | the question. | | 24 | You can answer. | | 25 | A. They wanted to invest in real estate |

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| 1 | PODHASKIE | |----|----------------------------------------------| | 2 | in the United States, and they didn't know | | 3 | which asset they were going to purchase or | | 4 | where they were going to purchase. | | 5 | Q. Was the plan at the time of | | 6 | formation to buy one -- you said which asset | | 7 | they were going to purchase. | | 8 | Was the plan at the time of | | 9 | formation to purchase one asset or several | | 10 | assets? | | 11 | A. I don't know what the plan was. I | | 12 | know they had looked at several different | | 13 | properties and ultimately chose The | | 14 | Sherry-Netherland. | | 15 | Q. Has the purpose of Genever BVI | | 16 | changed since the purpose at its formation? | | 17 | MR. MITCHELL: Object to the form of | | 18 | the question. | | 19 | You can answer. | | 20 | A. No. | | 21 | Q. No purposes have been added or | | 22 | subtracted? | | 23 | MR. MITCHELL: Object to the form of | | 24 | the question. | | 25 | A. It's not reflected from the |

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| 1 | PODHASKIE | |----|----------------------------------------------| | 2 | documents and the conversations I had in | | 3 | preparation for today. | | 4 | Q. What business has Genever BVI | | 5 | conducted? | | 6 | A. It owns Genever New York, which owns | | 7 | the residence at The Sherry-Netherland. | | 8 | Q. Any other business that Genever BVI | | 9 | has conducted other than owning Genever New | | 10 | York? | | 11 | MR. MITCHELL: Object to the form of | | 12 | the question. | | 13 | A. No. | | 14 | Q. Has Genever BVI ever entered into | | 15 | any contracts? | | 16 | A. By contract, can you specify more? | | 17 | I think the answer is yes. | | 18 | Q. Okay. Can you elaborate? | | 19 | A. It entered into -- sorry -- Genever | | 20 | BVI entered into a pledge agreement with an | | 21 | entity called Roscalitar 2, and also with an | | 22 | entity called Blue Capital Limited. | | 23 | Q. Other than those two pledge | | 24 | agreements, has Genever BVI entered into any | | 25 | contracts? |

| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. Not from the documents and the | | 3 | conversations I had in preparation for today. | | 4 | Q. Does Genever BVI have a bank | | 5 | account? | | 6 | A. No. | | 7 | Q. Has Genever BVI ever paid any money | | 8 | to any other person or entity? | | 9 | MR. MITCHELL: Object to the form of | | 10 | the question. | | 11 | A. When you say "any other person or | | 12 | entity," who are you referring to? | | 13 | Q. Any person or entity other than | | 14 | Genever BVI. | | 15 | A. Has Genever BVI paid any money to | | 16 | any other person or entity other than Genever | | 17 | BVI? | | 18 | Q. Yeah, to anyone. Has it ever | | 19 | incurred a debt that it needed to pay money | | 20 | for? Has it ever cut a check? Has it ever | | 21 | spent any money on any goods or services? | | 22 | A. It hired a registered agent in the | | 23 | BVI and paid them for secretarial services. | | 24 | Q. Other than that? | | 25 | A. No, not from -- I did not see that |

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| 1 | PODHASKIE | |----|---------------------------------------------------| | 2 | from the documents and the conversations I had | | 3 | in preparation for today. | | 4 | Q. Do you know where the money came | | 5 | from to pay the registered agent for the | | 6 | secretarial services? | | 7 | A. I believe it came from Bravo Luck. | | 8 | Q. Has Genever BVI ever received any | | 9 | money from any person or entity? | | 10 | A. No, that's not apparent from the | | 11 | documents that I've reviewed in preparation for | | 12 | today. | | 13 | Q. At the time of Genever BVI's | | 14 | formation, was Mr. Kwok its sole shareholder? | | 15 | A. Yes. And by Mr. Kwok, you're | | 16 | referring to Miles Kwok? | | 17 | Q. Yes. | | 18 | A. Yes. | | 19 | Q. So for purposes of clarity of the | | 20 | record, thank you for mentioning that, when I | | 21 | refer to Mr. Kwok, I'm going to be referring to | | 22 | Miles Kwok. When I'm referring to Guo Qiang, I | | 23 | will be referring to Mr. Kwok's son. | | 24 | Is that okay? | | 25 | A. That's fine. |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | Q. And that's the way you have been | | 3 | using those terms during the course of this | | 4 | deposition, right? | | 5 | A. Yeah. That's fine. | | 6 | Q. Can you direct your attention to the | | 7 | next page, please, Mr. Podhaskie, which is | | 8 | Bates stamped KWOK147. The top, it says, | | 9 | "Incorporated under the BVI Business Companies | | 10 | Act 2004," and then it says, "Genever Holdings | | 11 | Corporation," in the middle. | | 12 | A. Yes. | | 13 | Q. Can you please identify this | | 14 | document? | | 15 | A. This appears to be a copy of the | | 16 | share certificate for Genever BVI. | | 17 | Q. And as far as you know, this is a | | 18 | true, correct, authentic and accurate document? | | 19 | A. Again, based on the documents I | | 20 | reviewed in preparation for today, it would | | 21 | appear to be an accurate copy. | | 22 | Q. And this provides that Mr. Kwok is | | 23 | the owner of 1,000 shares, and those shares | | 24 | have a par value of .001 cents; is that | | 25 | correct? |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. I think it's .001 dollar, but yes. | | 3 | Q. Yes. Thank you. 001 dollar? | | 4 | A. Yes. | | 5 | Q. Thank you. | | 6 | And so the total value of Mr. Kwok's | | 7 | share holding in Genever Corporation -- Genever | | 8 | BVI would be one dollar; is that right? | | 9 | MR. MITCHELL: Object to the form of | | 10 | the question. | | 11 | A. If the math adds up, then yes. | | 12 | That's what it appears to say here. | | 13 | Q. Did Mr. Kwok pay a dollar for his | | 14 | shares? | | 15 | A. From the documents I reviewed, | | 16 | that's not reflected. | | 17 | Q. Do you know whether or not he paid | | 18 | any amount of money for his shares, Mr. Kwok? | | 19 | A. I don't know. | | 20 | Q. Has Mr. Kwok been the sole | | 21 | shareholder of Genever BVI for the entirety of | | 22 | Genever BVI's existence? | | 23 | A. From the documents that I reviewed | | 24 | in preparation for today, yes. | | 25 | Q. So Mr. Kwok is the sole owner of |

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**1 PODHASKIE 2 Genever BVI? 3 MR. MITCHELL: Object to the form of 4 the question. 5 A. He is the sole shareholder of 6 Genever BVI. 7 Q. And are you distinguishing between 8 shareholders and owners because it's a 9 corporation? Is that why? 10 A. Yes. 11 Q. But there is nobody else who owns 12 Genever BVI; is that correct? 13 MR. MITCHELL: Object to the form of 14 the question. 15 A. Other than Mr. Kwok? 16 Q. Yes. 17 A. Based on the documents I reviewed 18 today, there's no other shareholder besides 19 Mr. Kwok. 20 Q. Who is Zhang Wei? 21 A. He is a colleague of Mr. Kwok's that 22 lives in China that ultimately lent the money 23 to purchase The Sherry-Netherland. 24 Q. Is he a family member of Mr. Kwok? 25 A. I would be speculating, so I don't**

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | know. | | 3 | MR. MITCHELL: I caution the witness | | | | | 4 | not to speculate. | | 5 | Q. When you say Zhang Wei ultimately | | 6 | lent the money to purchase The | | 7 | Sherry-Netherland, to whom did Zhang Wei lend | | 8 | the money? | | 9 | A. He lent the money to Bravo Luck, a | | 10 | company that, at that time, was owned by | | 11 | Mr. Kwok's son, Guo Qiang, and then Guo Qiang | | 12 | ended up funding the purchase of The | | 13 | Sherry-Netherland through Bravo Luck. | | 14 | Q. Does Mr. Zhang Wei have any -- own | | 15 | any of the shares of Genever BVI? | | 16 | A. Based on the documents that I | | 17 | reviewed in preparation for today, his | | 18 | ownership is not reflected on those documents. | | 19 | Q. At any time during Genever BVI's | | 20 | existence, did Mr. Zhang Wei own any shares of | | 21 | Genever BVI? | | 22 | A. From the documents that I reviewed | | 23 | in preparation for today, that is not | | 24 | reflected. | | 25 | Q. Mr. Kwok was the sole director of |

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**1 PODHASKIE 2 Genever BVI at the time it was formed; is that 3 correct? 4 A. Yes. Again, based on what I 5 reviewed for today. 6 Q. Has Genever BVI, during the course 7 of its existence, ever had any directors other 8 than Mr. Kwok? 9 A. Yes. 10 Q. Who were those other directors? 11 A. There was a corporate secretary, a 12 registered agent in the BVI that acted as a 13 director as well. 14 Q. Is that Elian First Director? 15 A. Yes. 16 Q. And was that director -- was Elian 17 First Director only a director for a day or so, 18 until it was replaced by Mr. Kwok? 19 A. I don't know how long it was, but it 20 was a short period of time initially, yes. 21 Q. A day or a couple of days? 22 A. Yes. 23 Q. Other than Elian First Director, 24 which was a director of Genever BVI for a day 25 or a couple of days, has there been any other**

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | director of Genever BVI besides Mr. Kwok? | | 3 | MR. MITCHELL: Object to the form of | | 4 | the question. | | 5 | You can answer. | | 6 | A. No. | | 7 | Q. Has Mr. Kwok ever stopped being a | | 8 | director of Genever BVI? | | 9 | A. No. | | 10 | Q. He's still a director to this day? | | 11 | A. He is currently still a director. | | 12 | Q. He is currently still the only | | 13 | director? | | 14 | A. He is the only director. Guo Qiang | | 15 | is the president. | | 16 | Q. Has Genever BVI ever had any | | 17 | offices? | | 18 | MR. MITCHELL: Object to the form of | | 19 | the question. | | 20 | A. When you say "offices," do you mean | | 21 | like business office, corporate office, | | 22 | something like that? | | 23 | Q. Yes. | | 24 | A. It has a mailing address in the | | 25 | British Virgin Islands, but it does not have an |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | office that is what we typically think of as an | | 3 | office like this. | | 4 | Q. Genever BVI has never had a business | | 5 | or a corporate office? | | 6 | A. Correct. | | 7 | Q. Is the mailing address that Genever | | 8 | BVI has the mailing address for its registered | | 9 | agent for service of process? | | 10 | A. In the BVI? | | 11 | Q. Yes. | | 12 | A. Yes. | | 13 | Q. Does it have any other -- does | | 14 | Genever hold -- strike that. | | 15 | Does Genever BVI have any other | | 16 | mailing address other than the mailing address | | 17 | for its registered agent for service of process | | 18 | in the BVI? | | 19 | A. Yes. | | 20 | Q. What other addresses does it have? | | 21 | A. There is another address in Hong | | 22 | Kong where it maintains its books and records. | | 23 | Q. And what is that address? | | 24 | A. I don't know it off the top of my | | 25 | head. If I had the records in front of me, I |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | would be able to find it. | | 3 | Q. And what is that address? Is it the | | 4 | office of another company? | | 5 | A. It's -- from what I understand, it's | | 6 | just another mailing address or another -- just | | 7 | an office where they keep the books and | | 8 | records. | | 9 | Q. And who's in charge of maintaining | | 10 | the books and records? | | 11 | A. Guo Qiang. | | 12 | Q. Any other addresses besides the | | 13 | registered agent for service of process in the | | 14 | BVI and the mailing address where the books and | | 15 | records are kept in Hong Kong? | | 16 | A. No, not that I'm aware of. | | 17 | Q. Has Genever BVI ever had any | | 18 | employees? | | 19 | A. No. | | 20 | Q. Does Genever BVI have a phone | | 21 | number? | | 22 | A. I think there is a phone number for | | 23 | the registered agent, but other than that, no. | | 24 | Q. Does Genever BVI have an e-mail | | 25 | address? |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. No. | | 3 | Q. Does Genever BVI have any officers? | | 4 | A. Yes. | | 5 | Q. You mentioned Guo Qiang. | | 6 | A. Yes. | | 7 | Q. What is his role at Genever BVI? | | 8 | A. He is the president. | | 9 | Q. When did he become the president? | | 10 | A. May of 2015. | | 11 | Q. Did Genever BVI have any officers | | 12 | from the time it was formed in February of 2015 | | 13 | until Guo Qiang became the president in May of | | 14 | 2015? | | 15 | A. If you consider a director an | | 16 | officer, then yes. | | 17 | Q. And that would have been Mr. Kwok? | | 18 | A. Correct. | | 19 | Q. And Elian for a day or two? | | 20 | A. Yes. | | 21 | Q. Other than directors and other | | 22 | than -- strike that. | | 23 | Other than directors, between | | 24 | February of 2015, when it was formed, and May | | 25 | of 2015, when Guo Qiang became president, did |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | Genever BVI have any officers? | | 3 | A. No. | | 4 | Q. Who appointed or elected Guo Qiang | | 5 | as president in May of 2015? | | 6 | A. Mr. Kwok. | | 7 | Q. Has -- strike that. | | 8 | Has Genever BVI ever had any other | | 9 | officers, I'm not talking about directors, just | | 10 | officers, other than Guo Qiang, the president? | | 11 | A. No. | | 12 | Q. Is Guo Qiang still the president? | | 13 | A. From the documents that I reviewed | | 14 | in preparation for today, yes. | | 15 | Q. Between May of 2015, when he was | | 16 | appointed president by Mr. Kwok, and today, has | | 17 | Guo Qiang ever -- did he ever stop being | | 18 | president for any period of time? | | 19 | A. Not that I'm aware of. | | 20 | Q. Did Mr. Kwok ever have an officer | | 21 | role at Genever BVI? | | 22 | A. Not that I'm aware of. | | 23 | Q. And you're not aware of any other | | 24 | officers besides Guo Qiang? | | 25 | A. Yes. Correct. |

| 1 | PODHASKIE | |----|--------------------------------------------| | 2 | Q. Has Genever BVI ever had a board | | 3 | meeting? | | 4 | MR. MITCHELL: Object to the form of | | 5 | the question. | | 6 | A. From the documents that I reviewed, | | 7 | it's not reflected in there. | | 8 | Q. So based on everything you've seen, | | 9 | the answer to that question is no? | | 10 | MR. MITCHELL: Object to the form of | | 11 | the question. | | 12 | A. If Genever BVI had a board meeting, | | 13 | it was not reflected in the documents I | | 14 | reviewed for today's preparation. | | 15 | Q. What documents does Genever BVI | | 16 | maintain? | | 17 | MR. MITCHELL: Object to the form of | | 18 | the question. | | 19 | A. The corporate documents that were | | 20 | generated when it was formed, the share | | 21 | certificate, the register of directors and | | 22 | shareholders, and there was a resolution | | 23 | appointing Guo Qiang as president as well. | | 24 | Q. And you know that there's an address | | 25 | where those documents are maintained, but |

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| 1 | | PODHASKIE | |----|------------------|-------------------------------------------------| | 2 | | you're not sure if it's an office or a room or | | 3 | what it is? | | | 4 | A. | Yes. | | 5 | Q. | Do you know whether or not -- do you | | 6 | | know who owns that address, the address in Hong | | 7 | | Kong where the records are maintained? | | 8 | A. | I believe it's a UBS office, but I'm | | 9 | speculating. | | | 10 | | MR. MITCHELL: Again, I caution the | | 11 | | witness not to speculate. | | 12 | Q. | UBS meaning the investment bank? | | 13 | A. | Yes. | | 14 | Q. | Are there any individuals who are | | 15 | | authorized to act on behalf of Genever BVI? | | 16 | | MR. MITCHELL: Object to the form of | | 17 | | the question. | | 18 | A. | Yes. | | 19 | Q. | Who? | | 20 | A. | Mr. Kwok and Guo Qiang. Me, for | | 21 | this deposition. | And whoever either one of | | 22 | | them appoints to act for the company. | | 23 | Q. | Has either Mr. Kwok or Guo Qiang | | 24 | | ever appointed anyone to act for Genever BVI | | 25 | | other than you in connection with this |

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| 1 | PODHASKIE | |----|---------------------------------------------| | 2 | deposition? | | 3 | A. I don't know. | | | | | 4 | MR. MITCHELL: Just object to the | | 5 | form of that question. | | 6 | Q. Who specifically appointed you to | | 7 | act for Genever BVI for this deposition? | | 8 | A. Guo Qiang. | | 9 | Q. Are you authorized to act for | | 10 | Genever BVI for any purpose other than this | | 11 | deposition currently? | | 12 | MR. MITCHELL: Object to the form of | | 13 | the question. | | 14 | A. I don't know. | | 15 | Q. What actions has Mr. Kwok taken on | | 16 | behalf of Genever BVI? | | 17 | MR. MITCHELL: Object to the form of | | 18 | the question. | | 19 | You can answer. | | 20 | A. Other than signing the corporate | | 21 | formation documents, I don't know. | | 22 | Q. What actions has Guo Qiang taken on | | 23 | behalf of Genever BVI? | | 24 | MR. MITCHELL: Object to the form of | | 25 | the question. |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. I don't really understand what you | | 3 | mean by "what actions." Can you be more | | 4 | specific? | | 5 | Q. To your knowledge, has Guo Qiang | | 6 | ever done anything, ever attended a meeting, | | 7 | spent money, engaged in any type of business | | 8 | interaction at all ever on behalf of Genever | | 9 | BVI? | | 10 | MR. MITCHELL: Object to the form of | | 11 | the question. | | 12 | A. He was involved in the formation. | | 13 | He was involved in the purchase of The Sherry, | | 14 | in reviewing the different properties that they | | 15 | thought about purchasing. He signed various | | 16 | documents for Genever BVI. He communicated | | 17 | with the representatives of The | | 18 | Sherry-Netherland for the purchase. He | | 19 | communicated with the real estate brokers for | | 20 | the purchase. | | 21 | Q. When you say he signed various | | 22 | documents for Genever BVI, which documents are | | 23 | you referring to? | | 24 | A. He signed a request for an | | 25 | employer -- an EIN, employer identification |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | number. | | 3 | MR. MITCHELL: Just so -- he's | | 4 | asking you about Genever BVI. | | 5 | THE WITNESS: Oh, okay. | | 6 | A. Oh, that might have been for Genever | | 7 | New York. | | 8 | So for Genever BVI -- | | 9 | MR. MOSS: Thank you for the | | 10 | clarification. | | 11 | Q. Let's just go back. | | 12 | You had an answer earlier, he was | | 13 | involved in the formation, he was involved in | | 14 | the purchase of The Sherry, and you had -- if | | 15 | you want to go back and take a look at that | | 16 | answer, that's fine, but I just want to make | | 17 | sure the record is clear. | | 18 | Was that answer relating to Genever | | 19 | New York or Genever BVI? | | 20 | A. (Reviewing.) So I guess, just to be | | 21 | clear, Guo Qiang was involved in the formation | | 22 | of Genever BVI. After he was appointed as | | 23 | president, I recall seeing several documents | | 24 | that he signed for Genever BVI in his capacity | | 25 | as president. I don't recall what those are, |

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| 1 | PODHASKIE | |----|---------------------------------------------------| | 2 | as I sit here. | | 3 | Other than that, I can't think of | | 4 | anything. | | 5 | Q. Genever BVI is the sole owner of | | 6 | Genever New York; is that correct? | | 7 | MR. MITCHELL: Object to the form of | | 8 | the question. | | 9 | A. Yes. | | 10 | Q. Is Genever BVI also the sole member | | 11 | of Genever New York? | | 12 | A. Yes. | | 13 | Q. Is it correct that Genever New | | 14 | York -- strike that. | | 15 | Is it correct that Genever BVI | | 16 | formed Genever New York? | | 17 | A. Yes. From the documents I reviewed, | | 18 | I believe that's accurate. | | 19 | Q. Can you direct your attention, | | 20 | Mr. Podhaskie, to Exhibit 3, page KWOK193. | | 21 | It's a document entitled "Genever Holdings | | 22 | Corporation Written Consent of Director." It's | | 23 | Bates stamped KWOK193 to 194. | | 24 | Can you identify this document? | | 25 | A. (Document review.) Yes. |

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | Q. Please do so. | | 3 | A. From the documents that I reviewed | | 4 | in preparation for today, this appears to be a | | 5 | copy of Genever BVI's written consent of sole | | 6 | director, dated February 12, 2015. | | 7 | Q. And the signature block is Ho Wan | | 8 | Kwok. | | 9 | Is that Mr. Kwok? | | 10 | A. Yes. | | 11 | Q. Do you have any reason to believe | | 12 | that this is not an accurate and authentic | | 13 | document? | | 14 | A. No. | | 15 | Q. This document mentions Andrea Sanft, | | 16 | S-A-N-F-T. | | 17 | Who is she? | | 18 | A. She is a lawyer either with the firm | | 19 | of Paul Weiss or Williams & Connolly. | | 20 | Q. And she was authorized to be an | | 21 | authorized person on behalf of Genever BVI | | 22 | according to this written consent; is that | | 23 | correct? | | 24 | A. Yes, that's correct. | | 25 | Q. And she was authorized to be an |

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | authorized person to form Genever New York and | | 3 | to take such other acts and do such other | | 4 | things as are necessary to permit Genever New | | 5 | York to exist and obtain authority to do | | 6 | business in the state of New York and New York | | 7 | City; is that correct? | | 8 | MR. MITCHELL: Object to the form of | | 9 | the question. | | 10 | You can answer. | | 11 | A. Yes, based on this written consent | | 12 | of the sole director, that's accurate. | | 13 | Q. Is Genever New York an asset of | | 14 | Genever BVI? | | 15 | MR. MITCHELL: Object to the form of | | 16 | the question. | | 17 | A. If you assume that a ownership of a | | 18 | limited liability company is an asset, then | | 19 | yes. | | 20 | Q. Is that your understanding, that a | | 21 | ownership of a limited liability company is an | | 22 | asset? | | 23 | A. That is my personal understanding. | | 24 | In my capacity as a representative | | 25 | for Genever, I don't know. |

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | Q. You don't know whether or not | | 3 | Genever BVI has an understanding as to whether | | 4 | or not Genever New York is one of its assets? | | 5 | MR. MITCHELL: Object to the form of | | 6 | the question. | | 7 | A. So what is the question? | | 8 | Q. Is Genever New York an asset of | | 9 | Genever BVI? | | 10 | A. Does Genever BVI consider Genever | | 11 | New York an asset? | | 12 | Q. Yes. | | 13 | A. Yes. | | 14 | Q. Genever BVI considers Genever New | | 15 | York to be one of Genever BVI's assets? | | 16 | A. Correct. | | 17 | MR. MITCHELL: Object to the form of | | 18 | the question, asked and answered. | | 19 | Q. Has Genever BVI ever held any assets | | 20 | other than Genever New York? | | 21 | A. From the documents that I reviewed | | 22 | in preparation for today, no. | | 23 | Q. Has Genever BVI ever acquired an | | 24 | asset other than Genever New York? | | 25 | A. Again, from what I reviewed in |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | preparation for today, no. | | 3 | Q. Has Genever BVI ever sold an asset | | 4 | other than Genever New York? | | 5 | MR. MITCHELL: Object to the form of | | 6 | the question. | | 7 | A. Again, from what I reviewed in | | 8 | preparation for today, no. | | 9 | Q. Are any of Genever BVI's assets | | 10 | currently encumbered or pledged? | | 11 | MR. MITCHELL: Object to the form of | | 12 | the question. | | 13 | A. The assets are not -- I don't think | | 14 | I can answer because it's a little complicated. | | 15 | The assets are not pledged. Genever BVI's | | 16 | assets are not pledged to anyone. | | 17 | Q. Let's just be clear what we're | | 18 | talking about when we're talking about assets. | | 19 | Does Genever BVI currently have any | | 20 | assets other than Genever New York? | | 21 | A. Yes, they have their shares. | | 22 | Q. Whose shares? | | 23 | A. Genever BVI. | | 24 | Q. But doesn't Mr. Kwok hold those | | 25 | shares? |

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| 1 | | PODHASKIE | |----|--------------|-------------------------------------------------| | 2 | A. | Yes. | | 3 | | MR. MITCHELL: Object to the form of | | 4 | | the question. | | 5 | Q. | So my question is, does Genever BVI | | 6 | | itself hold any assets other than Genever New | | 7 | York? | | | 8 | A. | No. | | 9 | Q. | Is Genever New York currently | | 10 | encumbered? | | | 11 | | MR. MITCHELL: Object to the form of | | 12 | | the question. | | 13 | A. | What do you mean by "encumbered"? | | 14 | Q. | Is it currently pledged to anyone? | | 15 | A. | No. | | 16 | Q. | Does anyone currently have a lien | | 17 | against it? | | | 18 | A. | No. | | 19 | Q. | Has it been promised to anybody in | | 20 | | connection with any possible future | | 21 | transaction? | | | 22 | | MR. MITCHELL: Object to the form of | | 23 | | the question. | | 24 | A. | There's the order from Judge | | 25 | | Ostrager in the case indicating that if Genever |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | New York has to -- enters into a contract to | | 3 | sell The Sherry-Netherland residence, it has to | | 4 | provide PAX with written notice. | | 5 | Q. Other than Justice Ostrager's order, | | 6 | is Genever New York encumbered in any way? | | 7 | MR. MITCHELL: Object to the form of | | 8 | the question. | | 9 | A. No, not that I'm aware of. | | 10 | Q. You testified that there was a point | | 11 | in time where the assets of Genever BVI were | | 12 | pledged -- strike that. | | 13 | Has Genever BVI been assigned to | | 14 | anyone? | | 15 | MR. MITCHELL: Object to the form of | | 16 | the question. | | 17 | A. No. | | 18 | Q. You mentioned that there was a time | | 19 | when Genever BVI's assets were pledged to an | | 20 | entity called Roscalitar 2; is that correct? | | 21 | MR. MITCHELL: Object to the form of | | 22 | the question. | | 23 | A. I believe that Genever BVI pledged | | 24 | its shares to Roscalitar 2, but yes. | | 25 | Q. Pledged its shares in Genever New |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | York? | | 3 | A. Its shares in Genever BVI. | | 4 | Q. Genever BVI pledged its own shares, | | 5 | 100 percent of its shares to Roscalitar 2? | | 6 | A. Yes, I believe that's accurate. | | 7 | Q. And by virtue of pledging a hundred | | 8 | percent of its own shares, it was also pledging | | 9 | Genever New York and the assets held by Genever | | 10 | New York; is that correct? | | 11 | A. Yes. | | 12 | Q. Why was Genever BVI -- why were | | 13 | Genever BVI shares pledged to Roscalitar 2? | | 14 | MR. MITCHELL: Object to the form of | | 15 | the question. | | 16 | A. Because Zhang Wei had asked Genever | | 17 | to pledge its shares via the loan. | | 18 | Q. Why did Zhang Wei want Genever to | | 19 | pledge its shares? | | 20 | A. As security for the loan that he | | 21 | gave to Genever ultimately to buy the | | 22 | residence. | | 23 | Q. Who made the decision to pledge the | | 24 | shares of Genever BVI to Roscalitar 2? | | 25 | MR. MITCHELL: Object to the form. |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. On behalf of Genever? | | 3 | Q. Yes. | | 4 | A. Guo Qiang. | | 5 | Q. Was Mr. Kwok involved in that | | 6 | decision? | | 7 | A. I believe he was. I don't know for | | 8 | certain. | | 9 | Q. Did he know about the pledge at the | | 10 | time it was entered into? | | 11 | A. I believe so. | | 12 | MR. MITCHELL: I just caution the | | 13 | witness. He said I believe. Don't | | 14 | speculate. If you're speculating, please | | 15 | don't do so, but | | 16 | Q. Was there any board resolution or | | 17 | any official activity to commemorate the pledge | | 18 | to Roscalitar 2? | | 19 | A. Not from what I reviewed in | | 20 | preparation for today. | | 21 | Q. Is Roscalitar 2 owned by Zhang Wei? | | 22 | A. I don't know. | | 23 | Q. Is it controlled by Zhang Wei? | | 24 | A. I don't know. | | 25 | Q. Do you know who owns or controls |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | Roscalitar 2? | | 3 | A. No. | | 4 | Q. There came a time when the pledge to | | 5 | Roscalitar 2 was taken off; is that correct? | | 6 | A. Yes. | | 7 | Q. And that was in or around May of | | 8 | 2015; is that right? | | 9 | A. When the pledge was taken off? I'd | | 10 | have to review the dates, but it sounds | | 11 | somewhere around that time. | | 12 | Q. Why was the pledge to Roscalitar 2 | | 13 | taken off? | | 14 | A. I don't know. | | 15 | Q. Was there any board meeting or | | 16 | activity, formal corporate resolution around | | 17 | that? | | 18 | A. Not from what I reviewed in | | 19 | preparation for today. | | 20 | Q. I think you testified earlier that | | 21 | later, after the pledge to Roscalitar was taken | | 22 | off, Genever BVI shares were pledged to a | | 23 | company called Blue Capital; is that correct? | | 24 | A. Yes. | | 25 | Q. And why were the shares pledged to |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | Blue Capital? | | 3 | A. Guo Qiang was looking to obtain a | | 4 | loan facility and he wanted to pledge the | | 5 | shares of Genever BVI to Blue Capital as | | 6 | security for a loan facility. | | 7 | Q. What was the loan for? | | 8 | A. He wanted to invest, you know, do | | 9 | other kinds of investments. | | 10 | Q. Do you know who controls or owns | | 11 | Blue Capital? | | 12 | A. No. | | 13 | Q. Was Mr. Kwok involved in the | | 14 | decision to pledge Genever BVI's shares to Blue | | 15 | Capital? | | 16 | A. I don't know. | | 17 | Q. Did he know about the pledge? | | 18 | A. I don't know. | | 19 | Q. Was the pledge to Blue Capital at | | 20 | some point taken off? | | 21 | A. Yes, I believe so. | | 22 | Q. Why? | | 23 | A. I don't know. | | 24 | Q. And, currently, there's no pledge of | | 25 | Genever BVI; is that correct? |

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| 1 PODHASKIE | |------------------------------------------------------| | 2 A. Yes. | | 3 (Podhaskie Exhibit 4, Certificate of | | 4 Registration of Charge, marked for | | 5 identification.) | | 6 Q. Mr. Podhaskie, I have handed you | | 7 Exhibit 4. | | 8 Can you identify this document? | | 9 A. (Document review.) This appears to | | 10 be a copy of the pledge from Genever BVI to | | 11 Roscalitar 2. | | 12 Q. And it was put on on May 21, 2015; | | 13 is that correct? | | 14 A. Yes. | | 15 Q. Does this appear, based on your work | | 16 to prepare for this deposition, does this | | 17 appear to be a true and correct copy of the | | 18 registration of charge? | | 19 A. (Document review.) Yes. | | 20 Q. And is this, this charge, Exhibit 4, | | 21 is that a document that Genever BVI would have | | 22 retained in the ordinary course of its | | 23 business? | | 24 A. Yes. | | 25 Q. Is the same true for the other | | |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | exhibits that I've shown you today, other than | | 3 | Exhibits 1 and 2, so Exhibits 3 and 4 are also | | 4 | documents that would have been retained by | | 5 | Genever BVI in the ordinary course of its | | 6 | business? | | 7 | MR. MITCHELL: I just want to ask | | 8 | you, for the record, you asked him about | | 9 | 4, he said yes. | | 10 | So you're really only asking him | | 11 | about 3 now, correct? | | 12 | MR. MOSS: Yes. | | 13 | Q. If you can flip through 3. Are | | 14 | those documents that Genever BVI or Genever New | | 15 | York maintained in the ordinary course of its | | 16 | business? | | 17 | A. (Document review.) Yes. | | 18 | (Podhaskie Exhibit 5, Notice of | | 19 | Satisfaction or Release of Registered | | 20 | Charge Pursuant to Section 165, marked for | | 21 | identification.) | | 22 | Q. You have been handed Exhibit 5, | | 23 | Mr. Podhaskie, which is a Notice of | | 24 | Satisfaction or Release of Registered Charge | | 25 | Pursuant to Section 165. |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | Can you identify this document, | | 3 | please? | | 4 | A. This appears to be a copy of a | | 5 | Notice of Satisfaction or Release of Registered | | 6 | Charge dated May -- sorry -- March 17, 2017. | | 7 | Q. And does this appear to be a true | | 8 | and correct and authentic copy of the | | 9 | satisfaction of charge? | | 10 | A. From what I reviewed in preparation | | 11 | for today, yes. | | 12 | Q. And is this a document that Genever | | 13 | BVI would have maintained in the ordinary | | 14 | course of its business? | | 15 | A. Yes. | | 16 | Q. And is that consistent with Genever | | 17 | BVI's testimony that the pledge to Roscalitar 2 | | 18 | was taken off on March 17, 2017? | | 19 | MR. MITCHELL: Object to the form of | | 20 | the question. | | 21 | A. Yes. | | 22 | Q. After March 17, 2017, was Genever | | 23 | BVI ever again pledged to Roscalitar 2? | | 24 | A. From the documents that I reviewed | | 25 | in preparation for today, no. |

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| 1 PODHASKIE | |------------------------------------------------------| | 2 (Podhaskie Exhibit 6, Defendant's | | 3 Memorandum of Law in Opposition to | | 4 Plaintiff's Motion for an Order of | | 5 Pre-Judgment Attachment, marked for | | 6 identification.) | | 7 Q. Mr. Podhaskie, you have been handed | | 8 Exhibit 6, which is Defendant's Memorandum of | | 9 Law in Opposition to Plaintiff's Motion for an | | 10 Order of Pre-Judgment Attachment filed by | | 11 Hodgson Russ LLP on behalf of the defendant. | | 12 Have you ever seen this document | | 13 before? | | 14 A. Yes. | | 15 Q. I'm going to direct your attention | | 16 to page 9, and I would like to direct your | | 17 attention -- you see the paragraph that starts | | 18 "As explained"? | | 19 A. Which page -- which number 9? | | 20 Q. Sure. It's 9 or 15 of 30. | | 21 A. Okay. Yes. | | 22 Q. And if you jump down one, two, | | 23 three, four, five -- six lines down. | | 24 A. Uh-huh. | | 25 Q. Do you see a sentence that starts | | |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | with "While Kwok"? | | 3 | A. Yes. | | 4 | Q. "While Kwok is the sole shareholder | | 5 | of Genever BVI, since May of 2015, the assets | | 6 | of Genever BVI -- which by virtue of its | | 7 | ownership of Genever USA include the | | 8 | apartment -- have been pledged in their | | 9 | entirety to Roscalitar 2, an unrelated third | | 10 | party not owned by Kwok." | | 11 | Do you see that? | | 12 | A. Yes. | | 13 | Q. And if you look at the top, do you | | 14 | see that this document is dated May 16 of 2018? | | 15 | A. Yes. | | 16 | Q. And as of this date, the assets of | | 17 | Genever BVI were not, in fact, pledged to | | 18 | Roscalitar 2; is that correct? | | 19 | MR. MITCHELL: Object to the form of | | 20 | the question. | | 21 | A. I think we established that the | | 22 | Genever BVI pledge to Roscalitar 2 was removed | | 23 | effective March 17, 2017, if I'm not mistaken. | | 24 | Q. So this is not a true statement; is | | 25 | that correct? |

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | MR. MITCHELL: Object to the form of | | 3 | the question. | | 4 | A. I don't know that the release of the | | 5 | charge was publicly available to Hodgson Russ | | 6 | when they filed this brief. | | 7 | Q. So try to focus on the question. | | 8 | I'm not asking you whether or not Hodgson Russ | | 9 | knew that the statement was false. | | 10 | I'm just asking you whether or not | | 11 | this statement, when it was made to the court | | 12 | on May 16, 2018, was true or false. | | 13 | MR. MITCHELL: Object to the form of | | 14 | the question. | | 15 | A. (Document review.) Again, if the | | 16 | release of the charge was not publicly | | 17 | available and was not known to Hodgson Russ, | | 18 | then this statement would have been accurate. | | 19 | Q. Let me try it again. | | 20 | Was this statement true or false? | | 21 | MR. MITCHELL: Object to the form of | | 22 | the question. | | 23 | Q. When it was made on May 16, 2018? | | 24 | MR. MITCHELL: Asked and answered. | | 25 | A. And the statement you're referring |

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| 1 | PODHASKIE | |----|---------------------------------------------------| | 2 | to is? | | 3 | Q. Is the representation here that the | | 4 | assets of Genever BVI have been pledged in | | 5 | their entirety to Roscalitar 2 since May 2015. | | 6 | A. Again, I would refer to my prior | | 7 | answer. | | 8 | Q. Mr. Podhaskie, that's a false | | 9 | statement, correct? | | 10 | MR. MITCHELL: Object to the form of | | 11 | the question. | | 12 | A. What do you mean by "false | | 13 | statement"? | | 14 | Q. I mean, it was not true, as of | | 15 | May 16, 2018, that the assets of Genever BVI | | 16 | were pledged to Roscalitar 2, right? | | 17 | A. The pledge was released with an | | 18 | effective date of March 17, 2017. I don't know | | 19 | when this was filed with the BVI records or | | 20 | with the BVI Business Companies Act. | | 21 | So I don't know what was available | | 22 | in May of 2018 that would have reflected | | 23 | whether or not the assets were still pledged. | | 24 | Q. Were the assets of Genever BVI | | 25 | pledged to Roscalitar 2 as of May 16, 2018? |

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| 1 | PODHASKIE | |----|---------------------------------------------------| | 2 | MR. MITCHELL: Objection to the form | | 3 | of the question, asked and answered. | | 4 | You have asked him the same question | | 5 | six times. You're not getting the answer | | 6 | you want. I'm sorry for that. But he has | | 7 | answered it. | | 8 | MR. MOSS: He hasn't answered it. | | 9 | A. Okay. So what was the question? | | 10 | Q. Were the assets of Genever BVI | | 11 | pledged to Roscalitar 2 as of May 16, 2018? | | 12 | A. The pledge from Genever BVI to | | 13 | Roscalitar 2 was released effective March 17, | | 14 | 2017. | | 15 | Q. So the answer to my question is no, | | 16 | right? | | 17 | MR. MITCHELL: Object to the form of | | 18 | the question. | | 19 | A. What was your question? | | 20 | Q. Try to listen to the question and | | 21 | answer the question I'm asking. You'd know the | | 22 | question I was asking if you were trying to | | 23 | answer it. | | 24 | MR. MITCHELL: Objection to whatever | | 25 | that was. |

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | Q. Were the assets of Genever BVI | | 3 | pledged to Roscalitar 2 as of May 16, 2018? | | 4 | MR. MITCHELL: Objection, asked and | | 5 | answered. | | 6 | A. Again, the pledge to Roscalitar 2 | | 7 | from Genever BVI was released effective | | 8 | March 17, 2017. I think that answers your | | 9 | question. | | 10 | Q. Did anyone at Genever BVI or Genever | | 11 | New York review this brief before it was filed | | 12 | with the court? | | 13 | MR. MITCHELL: Object to the form of | | 14 | the question. This is outside of the | | 15 | scope of what you asked him in terms of | | 16 | your deposition notices. You didn't ask | | 17 | him about any legal documents filed or | | 18 | anything of that nature. | | 19 | So if he can answer the question, I | | 20 | will allow him to answer it, but he | | 21 | certainly can't be expected to have that | | 22 | knowledge. | | 23 | Q. Can you answer? | | 24 | A. I don't know. | | 25 | Q. By the way, do you know when Genever |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | BVI received -- you testified earlier that the | | 3 | satisfaction of charge document was maintained | | 4 | by Genever BVI in the ordinary course of its | | 5 | business, right? | | 6 | A. Yes. | | 7 | Q. Do you know when Genever BVI | | 8 | received a copy of that document? | | 9 | A. I don't. | | 10 | Q. Do you have any reason to believe | | 11 | that it took a year for Genever BVI to receive | | 12 | a copy of that document? | | 13 | A. I don't know how long it took for | | 14 | them to receive the document. | | 15 | Q. Is it your best understanding that | | 16 | Genever BVI, when you say it maintained the | | 17 | document in its ordinary course, would have had | | 18 | that document in its files by the end of 2017? | | 19 | MR. MITCHELL: Object to the form of | | 20 | the question. | | 21 | A. I don't know, but based on my | | 22 | experience with lawyers and people in the BVI, | | 23 | they do things much slower than we do. | | 24 | Q. Do you know whether or not the | | 25 | satisfaction of charge of the Roscalitar pledge |

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| 1 | PODHASKIE | |----|------------------------------------------------| | | | | 2 | was publicly available in 2017? | | 3 | A. I don't know. | | 4 | Q. It's not Genever BVI's testimony | | 5 | that it takes a year for documents registered | | 6 | in -- relating to charges in the BVI to become | | 7 | publicly available, is it? | | 8 | MR. MITCHELL: Object to the form of | | 9 | the question. | | 10 | And, again, this is outside the | | 11 | scope of the 30(b)(6) notice. If he | | 12 | knows, he can answer, but he certainly | | 13 | can't be expected to know. | | 14 | A. I don't know how long it takes. | | 15 | (Podhaskie Exhibit 7, Certificate of | | 16 | Registration of Charge, marked for | | 17 | identification.) | | 18 | Q. You have been handed Exhibit 7, | | 19 | Mr. Podhaskie. | | 20 | Can you identify this document? | | 21 | MR. MITCHELL: I'm sorry. We are | | 22 | calling this 7? | | 23 | MR. MOSS: Yes. | | 24 | A. (Document review.) It appears to be | | 25 | a copy of a Certificate of Registration of |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | Charge dated February 14, 2018. | | 3 | Q. And is this the charge, the pledge | | 4 | to Blue Capital that you testified that was | | 5 | made in connection with Guo Qiang's loan? | | 6 | A. It would appear to be, yes. | | 7 | Q. To your knowledge, is this -- to | | 8 | Genever BVI's knowledge, is this a true and | | 9 | accurate copy of the pledge document? | | 10 | A. (Document review.) Yes, it appears | | 11 | to be. | | 12 | Q. And is this a document that Genever | | 13 | BVI maintains in the ordinary course of its | | 14 | business? | | 15 | A. This would be, yes. | | 16 | Q. And is Genever BVI's testimony that | | 17 | it's not sure whether or not its sole director | | 18 | and sole shareholder, Mr. Kwok, knew about this | | 19 | pledge when it was entered into? | | 20 | MR. MITCHELL: Object to the form of | | 21 | the question. | | 22 | You can answer. | | 23 | A. I don't know. | | 24 | Q. Who would know the answer to that | | 25 | question? |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. Probably Mr. Kwok. | | 3 | Q. Well, you recall Mr. Kwok testified | | 4 | that he didn't know anything about any pledges, | | 5 | right? Did you know that? | | 6 | MR. MITCHELL: Object to the form of | | 7 | the question. | | 8 | A. If that's what his testimony was. I | | 9 | don't recall exactly what he testified to. | | 10 | Q. At the time this pledge was entered | | 11 | into, Mr. Kwok was still the sole shareholder | | 12 | and sole director of Genever BVI, right? | | 13 | A. Yes. | | 14 | Q. Were there any discussions at | | 15 | Genever BVI regarding the fact that this | | 16 | charge, this pledge was entered into when | | 17 | Pacific Alliance's lawsuit was pending? | | 18 | MR. MITCHELL: Objection to the form | | 19 | of the question. | | 20 | A. Not that I'm aware of. | | 21 | Q. You testified earlier that this Blue | | 22 | Capital pledge, at some point, was taken off or | | 23 | satisfied; is that correct? | | 24 | A. That's my understanding, yes. | | 25 | Q. Did that -- did you testify -- let |

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**68**

**1 PODHASKIE 2 me just ask, what was the reason for it being 3 taken off? 4 A. I don't know. 5 Q. Was it taken off -- was the 6 reason -- strike that. 7 Was it taken off for anything having 8 to do with Pacific Alliance's lawsuit? 9 MR. MITCHELL: Object to the form of 10 the question. 11 A. I don't know. 12 Q. Was it taken off for anything having 13 to do with The Sherry-Netherland's proprietary 14 lease? 15 MR. MITCHELL: Object to the form of 16 the question. 17 A. I don't know. 18 Q. Were the pledges in violation of 19 Genever New York's proprietary lease with The 20 Sherry-Netherland? 21 MR. MITCHELL: Object to the form of 22 the question. It calls for a legal 23 conclusion. 24 A. No. 25 Q. Did Genever -- no. Okay.**

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | (Podhaskie Exhibit 8, Notice of | | 3 | Satisfaction or Release of Registered | | 4 | Charge, marked for identification.) | | 5 | Q. You have been handed Exhibit 8, | | 6 | Mr. Podhaskie. | | 7 | Can you identify it, please? | | 8 | A. This appears to be a copy of a | | 9 | Notice of Satisfaction or Release of Registered | | 10 | Charge. It's dated effective June 12, 2018. | | 11 | Q. And is this the satisfaction of the | | 12 | Blue Capital charge that we were just talking | | 13 | about? | | 14 | A. Yes. | | 15 | Q. Is this a true and correct copy, | | 16 | authentic copy of the satisfaction of charge? | | 17 | MR. MITCHELL: Object to the form of | | 18 | the question. | | 19 | A. It would appear to be, yes. | | 20 | Q. And is this a document that's | | 21 | maintained by Genever BVI in the ordinary | | 22 | course of its business? | | 23 | MR. MITCHELL: Object to the form of | | 24 | the question. | | 25 | A. Yes, it would be. |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | Q. And you don't have anything to add | | | | | 3 | about discussions around this or why this | | 4 | pledge was taken off, right? | | 5 | A. No, I don't know why it was taken | | 6 | off. | | 7 | Q. Did you ask Guo Qiang, when you | | 8 | spoke to him to prepare for the deposition, why | | 9 | this pledge was taken off? | | 10 | A. No. | | 11 | Q. Did Genever BVI -- anyone at Genever | | 12 | BVI ever have any discussions about | | 13 | transferring ownership of Genever BVI to anyone | | 14 | other than Mr. Kwok? | | 15 | MR. MITCHELL: Object to the form of | | 16 | the question. | | 17 | A. I don't know. Not that I'm aware | | 18 | of. | | 19 | Q. Did Genever BVI, or anyone on behalf | | 20 | of Genever BVI, ever approach The | | 21 | Sherry-Netherland to ask whether or not the | | 22 | ownership of Genever BVI could be restructured | | 23 | and assigned to Mr. Kwok's son? | | 24 | MR. MITCHELL: Object to the form of | | 25 | the question. |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. No, not on behalf of Genever BVI. | | 3 | Q. On behalf of anyone? Were there | | | | | 4 | ever any -- was there ever a request to The | | 5 | Sherry-Netherland to transfer or assign | | 6 | ownership of Genever BVI or Genever New York or | | 7 | The Sherry-Netherland to Mr. Kwok's son? | | 8 | MR. MITCHELL: Object to the form of | | 9 | the question. | | 10 | A. There was a request made to The | | 11 | Sherry-Netherland to transfer ownership from | | 12 | Mr. Kwok to Guo Qiang, his son. | | 13 | Q. To transfer ownership of what? | | 14 | A. The Sherry-Netherland. | | 15 | Q. And when was that request made? | | 16 | A. I don't recall the date off the top | | 17 | of my head. | | 18 | Q. Whose idea was it to make that | | 19 | request? | | 20 | A. I believe Guo Qiang. | | 21 | Q. Why was the request made? | | 22 | A. Because he initially wanted to | | 23 | purchase The Sherry-Netherland himself and The | | 24 | Sherry didn't like the idea of someone his age | | 25 | at the time, you know, a mid 20-year-old, |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | owning this residence. And so his father | | 3 | became the owner and then they had the idea of, | | 4 | after the fact, maybe approaching the board and | | 5 | seeing if Guo Qiang could become the owner. | | 6 | Q. And did Mr. Kwok know about that | | 7 | request? | | 8 | A. Yes, I think he was aware of it. | | 9 | Q. Do you know who made the request to | | 10 | The Sherry-Netherland? | | 11 | A. Who specifically, no. | | 12 | Q. Were there ever any other | | 13 | discussions about transferring ownership of | | 14 | Genever BVI, Genever New York or The | | 15 | Sherry-Netherland to anyone other than | | 16 | Mr. Kwok? | | 17 | MR. MITCHELL: Object to the form of | | 18 | the question. | | 19 | A. I don't know. | | 20 | Q. Other than the discussions we have | | 21 | talked about, about the pledges? | | 22 | A. Yes. | | 23 | MR. MITCHELL: Sorry. Just for the | | 24 | record, I just want to make sure. | | 25 | You're answering his question that |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | you understood his question to mean only | | 3 | discussions about the pledges, correct, | | 4 | not, yes, there were other -- the record | | 5 | is just not clear. I just want to make | | 6 | sure -- | | 7 | MR. MOSS: Let me try it again. | | 8 | MR. MITCHELL: Yeah. | | 9 | Q. Other than the pledges that we've | | 10 | talked about to Roscalitar 2 and Blue Capital, | | 11 | and other than the request to transfer | | 12 | ownership of The Sherry-Netherland to | | 13 | Mr. Kwok's son, were there ever any discussions | | 14 | about pledges, transfers or assignments of | | 15 | either Genever BVI, Genever New York or The | | 16 | Sherry-Netherland? | | 17 | A. There was a trust agreement with | | 18 | Bravo Luck, but other than that, I don't know. | | 19 | Q. Is it true that Mr. Kwok has an | | 20 | ownership interest in The Sherry-Netherland | | 21 | apartment? | | 22 | MR. MITCHELL: Object to the form of | | 23 | the question. | | 24 | A. No, that's not accurate. | | 25 | Q. Does Mr. Kwok own The |

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| 1 | PODHASKIE | | | |----|------------------------------------------------|--|--| | 2 | Sherry-Netherland apartment through his | | | | 3 | ownership of Genever BVI which, in turn, owns | | | | 4 | Genever New York which, in turn, owns the | | | | 5 | apartment? | | | | 6 | MR. MITCHELL: Object to the form of | | | | 7 | the question. | | | | 8 | A. No, that's not accurate. | | | | 9 | Q. Okay. Is it true that Mr. Kwok's | | | | 10 | ownership interest in the apartment is through | | | | 11 | a limited liability company? | | | | 12 | MR. MITCHELL: Object to the form of | | | | 13 | the question. | | | | 14 | A. That's not accurate. | | | | 15 | Q. This is Exhibit 24 from Mr. Kwok's | | | | 16 | deposition. | | | | 17 | MR. MOSS: Sorry. We don't have | | | | 18 | extra copies, but we handed it out today | | | | 19 | during Mr. Kwok's deposition. | | | | 20 | THE VIDEOGRAPHER: Counsel, we have | | | | 21 | three minutes left on the tape. | | | | 22 | We are now off the record. The time | | | | 23 | is 4:25 p.m. | | | | 24 | (Recess taken.) | | | | 25 | THE VIDEOGRAPHER: This marks the | | |

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| 1 | PODHASKIE | |----|-----------------------------------------------| | 2 | beginning of tape number two. We are now | | 3 | back on the record. The time is 4:38 p.m. | | 4 | BY MR. MOSS: | | 5 | Q. Mr. Podhaskie, you have in front of | | 6 | you Yvette Wang's, Yan Ping Wang's affidavit | | 7 | submitted in this case on May 16, 2018 or -- | | 8 | it's sworn on May 15, and the ECF stamp is | | 9 | May 16. | | 10 | Do you see that? | | 11 | A. Yes. | | 12 | Q. This was Exhibit 24 from Mr. Kwok's | | 13 | deposition earlier today. | | 14 | Do you recall I asked you whether or | | 15 | not Mr. Kwok has an ownership interest in the | | 16 | apartment through a limited liability company | | 17 | and you testified, no, he does not? | | 18 | Do you recall that testimony? | | 19 | A. Yes. | | 20 | Q. Take a look at paragraph 2. The | | 21 | first sentence reads, "Mr. Kwok's ownership | | 22 | interest in the apartment through a limited | | 23 | liability company is not in real property." | | 24 | Is it a true statement that Mr. Kwok | | 25 | has an ownership interest in The |

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| 1 | PODHASKIE | |----|---------------------------------------------------| | 2 | Sherry-Netherland apartment through a limited | | 3 | liability company? | | 4 | MR. MITCHELL: Object to the form of | | 5 | the question. | | 6 | A. Mr. Kwok does not have an ownership | | 7 | interest in the apartment. He has an ownership | | 8 | interest in The Sherry-Netherland Corporation, | | 9 | which then leases the real property to Genever | | 10 | New York. | | 11 | Q. So Mr. Kwok's ownership interest is | | 12 | in The Sherry-Netherland Corporation? | | 13 | A. His ownership interest of the shares | | 14 | of The Sherry-Netherland Corporation, is that | | 15 | what you're referring to? | | 16 | Q. You testified he has a ownership | | 17 | interest in The Sherry-Netherland Corporation. | | 18 | A. Yes. | | 19 | Q. That's correct, Mr. Kwok has an | | 20 | ownership interest in The Sherry-Netherland | | 21 | Corporation? | | 22 | A. Yes. | | 23 | Q. And that ownership interest relates | | 24 | to the apartment on the 18th floor? | | 25 | MR. MITCHELL: Object to the form of | | | |

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**77**

**1 PODHASKIE 2 the question. 3 A. He has a proprietary lease to the 4 apartment on the 18th floor, yes. 5 Q. That's related to that ownership 6 interest -- 7 A. Yes. 8 Q. -- in The Sherry-Netherland 9 Corporation, right? 10 A. Yes. 11 Q. And Mr. Kwok owns that interest in 12 The Sherry-Netherland Corporation shares 13 through Genever New York and through Genever 14 BVI, right? 15 MR. MITCHELL: Object to the form of 16 the question. 17 A. Yes. 18 Q. Does anyone else, other than 19 Mr. Kwok, Miles Kwok, have an ownership 20 interest in the shares of The Sherry-Netherland 21 Hotel with respect to the 18th floor apartment? 22 A. I don't know. 23 Q. As Genever BVI and Genever New 24 York's corporate representative, can you 25 identify anyone else, sitting here today?**

### Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 80 of 140

| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | MR. MITCHELL: Object to the form of | | 3 | the question. | | 4 | A. Sitting here in this room? | | 5 | Q. Yeah. | | 6 | A. That has an ownership interest in -- | | 7 | MR. MITCHELL: That was my | | 8 | objection. | | 9 | MR. MOSS: Okay. That's what | | 10 | happens when you depose a lawyer. | | 11 | MR. MITCHELL: For the record, | | 12 | several people in the room will gladly | | 13 | accept an ownership share in The Sherry. | | 14 | Q. As Genever BVI's and Genever New | | 15 | York's corporate representative here today, can | | 16 | you identify anyone else who has an ownership | | 17 | interest in the shares of The Sherry-Netherland | | 18 | Hotel with respect to the 18th floor apartment | | 19 | beside Mr. Miles Kwok? | | 20 | MR. MITCHELL: Object to the form of | | 21 | the question. | | 22 | A. I don't know. | | 23 | Q. Does Mr. Kwok -- strike that. | | 24 | Has Guo Qiang ever lived in The | | 25 | Sherry-Netherland apartment on the 18th floor? |

### Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 81 of 140

| 1 | | PODHASKIE | |----|----------------------|-----------------------------------------------| | 2 | | MR. MITCHELL: Object to the form of | | 3 | | the question. | | 4 | A. | When you say "lived," do you mean | | 5 | primary residence? | | | 6 | Q. | I mean, has he ever resided there | | 7 | | for extended periods of time? | | 8 | A. | Yes. | | 9 | Q. | Has The Sherry-Netherland Hotel ever | | 10 | | been Guo Qiang's primary residence? | | 11 | A. | Yes. | | 12 | Q. | When? | | 13 | A. | I'm speculating, but I think it was | | 14 | in 2015. | | | 15 | Q. | Since 2015, has Guo Qiang ever | | 16 | been -- strike that. | | | 17 | | Since 2015, has The | | 18 | | Sherry-Netherland Hotel ever been Guo Qiang's | | 19 | primary residence? | | | 20 | A. | I don't know. | | 21 | Q. | Has he ever visited since 2015? | | 22 | | MR. MITCHELL: Object to the form. | | 23 | | MR. MOSS: Let me try it again. | | 24 | Strike it. | | | 25 | Q. | Has Guo Qiang ever slept in The |

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| 1 | PODHASKIE | |----|---------------------------------------------------| | 2 | Sherry-Netherland apartment since 2015? | | 3 | A. I assume so, but I can't say, you | | 4 | know, with certainty. I don't -- I don't sleep | | 5 | with him, so. | | 6 | Q. Let's go back to Exhibit 3, | | 7 | Mr. Podhaskie, and I would like to direct your | | 8 | attention to page KWOK193. | | 9 | A. Okay. | | 10 | Q. See it says, in the first paragraph, | | 11 | it refers to Genever BVI being the sole member | | 12 | of Genever New York. | | 13 | Is Genever BVI the sole member of | | 14 | Genever New York? | | 15 | A. Just for the record, it says "being | | 16 | the sole director of Genever Holdings | | 17 | Corporation." | | 18 | Q. So take a look at the first | | 19 | resolution. See "Resolved, that Andrea Sanft"? | | 20 | Do you see that? | | 21 | A. Yes, yes. | | 22 | Q. And look at the last sentence of | | 23 | that paragraph. "To the extent necessary to | | 24 | complete such actions, the corporation," and | | 25 | the corporation refers to Genever BVI? |

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**81**

**1 PODHASKIE 2 A. Uh-huh. 3 Q. "As sole member of Genever New 4 York." 5 Do you see that? 6 A. Yes. 7 Q. Is Genever BVI the sole member of 8 Genever New York? 9 A. Yes. 10 Q. Has Genever BVI been the sole member 11 of Genever New York since Genever New York's 12 foundation? 13 MR. MITCHELL: Object to the form of 14 the question. 15 A. Yes. 16 MR. MOSS: Well, that's because it's 17 a bad question. 18 Q. Has Genever BVI been the sole member 19 of Genever New York's since Genever New York's 20 formation? 21 A. Yes. 22 Q. If you look at the third resolution 23 there, there's a resolution relating to Michael 24 O'Connor. 25 A. Uh-huh.**

### Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 84 of 140

| 1 | PODHASKIE | | | |----|---------------------------------------------------|--|--| | 2 | Q. Who is Michael O'Connor? | | | | 3 | A. He is an attorney either with the | | | | 4 | firm of Paul Weiss or Williams & Connolly. I'm | | | | 5 | not sure. I think Paul Weiss, but I'm not | | | | 6 | positive. | | | | 7 | Q. And so Ms. Sanft was authorized to | | | | 8 | form Genever New York, and Mr. O'Connor was | | | | 9 | authorized to cause Genever New York, once | | | | 10 | formed, to enter into a purchase agreement with | | | | 11 | The Sherry-Netherland; is that correct? | | | | 12 | MR. MITCHELL: Object to the form of | | | | 13 | the question. | | | | 14 | A. Yes. | | | | 15 | Q. And so the plan, from formation, was | | | | 16 | that once Genever New York was formed, it would | | | | 17 | enter into a purchase agreement with The | | | | 18 | Sherry-Netherland relating to the 18th floor, | | | | 19 | correct? | | | | 20 | MR. MITCHELL: Object to the form of | | | | 21 | the question. | | | | 22 | A. Yes. | | | | 23 | Q. And the purpose of forming Genever | | | | 24 | New York was to enter into that agreement with | | | | 25 | The Sherry-Netherland? | | |

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| 1 | PODHASKIE | | |----|-------------------------------------------------|--| | 2 | MR. MITCHELL: Object to the form of | | | 3 | the question. | | | 4 | A. That was one of the purposes, yes. | | | 5 | Q. What were the other purposes? | | | 6 | A. To invest in other real estate as | | | 7 | they deemed fit. | | | 8 | Q. Genever New York and Genever BVI | | | 9 | were formed within days of each other, right? | | | 10 | A. Yes, around the same time. | | | 11 | Q. You said that Genever New York had | | | 12 | other purposes to invest in other real estate | | | 13 | as they deemed fit. | | | 14 | Has Genever New York ever invested | | | 15 | in any other real estate besides The | | | 16 | Sherry-Netherland Hotel? | | | 17 | A. No. | | | 18 | Q. So Genever New York and Genever BVI | | | 19 | were both formed to hold Mr. Kwok's interest in | | | 20 | The Sherry-Netherland apartment? | | | 21 | MR. MITCHELL: Object to the form of | | | 22 | the question. | | | 23 | A. That's not accurate. | | | 24 | Q. Okay. What's inaccurate about it? | | | 25 | A. Initially, Guo Qiang, Mr. Kwok's | |

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| 1 | PODHASKIE | | | | |----|--------------------------------------------------|--|--|--| | 2 | son, wanted to purchase the apartment at The | | | | | 3 | Sherry-Netherland. They formed the | | | | | 4 | corporations with the understanding that he | | | | | 5 | would be the actual owner, but The | | | | | 6 | Sherry-Netherland did not like the idea of Guo | | | | | 7 | Qiang being the owner because they felt that he | | | | | 8 | was too young. | | | | | 9 | Q. So is it your testimony that Genever | | | | | 10 | New York and Genever BVI were formed to hold | | | | | 11 | Guo Qiang's interest in The Sherry-Netherland, | | | | | 12 | but Mr. Kwok just ended up being the owner | | | | | 13 | because that's what The Sherry-Netherland | | | | | 14 | wanted? | | | | | 15 | A. They were formed to own the real | | | | | 16 | estate that Guo Qiang and the family wanted to | | | | | 17 | invest in. They made Mr. Kwok the sole member | | | | | 18 | of Genever BVI, and as the sole member of | | | | | 19 | Genever BVI, the owner of Genever New York | | | | | 20 | because The Sherry-Netherland felt that Guo | | | | | 21 | Qiang was too young to be the owner of this | | | | | 22 | particular apartment. | | | | | 23 | Q. I direct your attention to page 178 | | | | | 24 | of Exhibit 3. | | | | | 25 | Can you identify this document? | | | |

### Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 87 of 140

| 1 | PODHASKIE | | |----|-------------------------------------------------|--| | 2 | A. (Document review.) It is a -- looks | | | 3 | like a printout from the New York State | | | 4 | Department of State, the corporations public | | | 5 | inquiry system for Genever Holdings LLC. | | | 6 | Q. And it shows -- and that's the | | | 7 | entity we have been referring to as Genever New | | | 8 | York, right? | | | 9 | A. Yes. | | | 10 | Q. And this document refers to Genever | | | 11 | New York being incorporated in New York | | | 12 | effective February 17, 2015; is that correct? | | | 13 | A. That's what this says, yes. | | | 14 | Q. And that's consistent with Genever's | | | 15 | understanding, right? | | | 16 | A. Yes. | | | 17 | Q. And so Genever New York was formed | | | 18 | about five days after Genever BVI was formed? | | | 19 | A. I don't recall exactly, but they | | | 20 | were formed around the same time. | | | 21 | Q. Does it refresh your recollection if | | | 22 | I told you a few minutes ago we looked at | | | 23 | documents showing that Genever BVI was formed | | | 24 | on February 12? | | | 25 | A. No. Which document were we looking | |

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| 1 | PODHASKIE | | |----|-------------------------------------------------|--| | 2 | at? | | | 3 | Q. Why don't you take a look at 145? | | | 4 | MR. SARNOFF: Of Exhibit 3. | | | 5 | A. (Document review.) Yes, it was | | | 6 | formed -- according to this, it was formed | | | 7 | February 13, 2015. | | | 8 | Q. Genever BVI was formed on | | | 9 | February 13, 2015, and Genever New York was | | | 10 | formed on February 17, 2015, right? | | | 11 | MR. MITCHELL: Object to the form of | | | 12 | the question. | | | 13 | A. Yes, based on these documents. | | | 14 | Q. So four days apart? | | | 15 | A. That would be correct. | | | 16 | Q. What was Genever -- Genever New York | | | 17 | was formed to enter into the agreement with The | | | 18 | Sherry-Netherland Hotel, correct? | | | 19 | MR. MITCHELL: Object to the form of | | | 20 | the question, asked and answered. | | | 21 | A. Yes, that was one of the purposes. | | | 22 | Q. Has the business purpose of Genever | | | 23 | New York changed over time? | | | 24 | A. No. | | | 25 | Q. Have any purposes been added or | |

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| 1 | | PODHASKIE | | |----|----------------------|-------------------------------------------------|--| | 2 | subtracted? | | | | 3 | A. | No. | | | 4 | Q. | What business has Genever New York | | | 5 | | conducted since it was formed in February 2015? | | | 6 | A. | It owns The Sherry-Netherland | | | 7 | apartment. | | | | 8 | Q. | Any other business? | | | 9 | A. | No. | | | 10 | Q. | Has Genever New York ever entered | | | 11 | | into a contract other than its contracts with | | | 12 | | The Sherry-Netherland Hotel? | | | 13 | A. | I don't know. | | | 14 | Q. | Has Genever New York ever spent or | | | 15 | disbursed any money? | | | | 16 | A. | Yes. | | | 17 | Q. | To whom? | | | 18 | A. | The Sherry-Netherland. | | | 19 | Q. | For maintenance fees? | | | 20 | A. | Yes. | | | 21 | Q. | Anything else? | | | 22 | A. | I think that's it. | | | 23 | Q. | Does The Sherry-Netherland -- has | | | 24 | | Genever New York spent any money on anything | | | 25 | | else other than to The Sherry-Netherland for | |

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| 1 | PODHASKIE | |----|----------------------------------------------| | 2 | maintenance fees? | | 3 | A. Not that I know of. | | 4 | Q. Does the -- does Genever New York | | 5 | have a bank account? | | 6 | A. Yes. | | 7 | Q. With which bank? | | 8 | A. Chase. | | 9 | Q. When was that formed? | | 10 | A. 2018. | | 11 | Q. Does the money from the -- do the | | 12 | payments to The Sherry-Netherland come from | | 13 | that bank account? | | 14 | A. Yes. | | 15 | Q. How is that bank account funded? | | 16 | A. It receives money from Golden Spring | | 17 | New York. | | 18 | Q. Who owns Golden Spring New York? | | 19 | A. China Golden Spring Group Hong Kong | | 20 | Limited. | | 21 | Q. Who owns China Golden Spring Group | | 22 | Hong Kong Limited? | | 23 | A. Guo Qiang. | | 24 | Q. Does Mr. Kwok have any interest in | | 25 | China Golden Spring Group Hong Kong Limited? |

| 1 | PODHASKIE | |----|-----------------------------------------------| | 2 | MR. MITCHELL: Object to the form of | | 3 | the question. | | 4 | A. No. | | 5 | Q. Before 2018, did Genever New York | | 6 | have a bank account? | | 7 | A. Before what year? | | 8 | Q. 2018. | | 9 | A. I don't know. | | 10 | Q. Did Genever New York have to pay | | 11 | maintenance to The Sherry-Netherland before | | 12 | 2018? | | 13 | A. Yes. | | 14 | Q. Where did that money come from? | | 15 | A. I believe it came from Golden Spring | | 16 | New York. | | 17 | Q. Has anyone, other than Golden Spring | | 18 | New York, ever put any money into Genever New | | 19 | York's bank account? | | 20 | A. I don't know. | | 21 | Q. So, to your knowledge, Genever New | | 22 | York did not have any bank account prior to | | 23 | 2018? | | 24 | MR. MITCHELL: Object to the form of | | 25 | the question. |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. I don't know. | | 3 | Q. Do you know why Genever New York | | 4 | formed a bank account in 2018? | | 5 | A. I don't know. | | 6 | Q. Has any money ever been deposited | | 7 | into Genever New York's bank account other than | | 8 | money from Golden Spring that was meant to pay | | 9 | the maintenance to The Sherry-Netherland hotel? | | 10 | A. I don't know. | | 11 | Q. Genever New York and Genever BVI are | | 12 | parties to this lawsuit. | | 13 | You're aware of that? | | 14 | A. Yes. | | 15 | Q. And Genever New York and Genever BVI | | 16 | were represented by the Hodgson Russ firm up | | 17 | until a few weeks ago; is that right? | | 18 | A. That's correct. | | 19 | Q. And now they are represented by | | 20 | Mr. Mitchell's firm; is that correct? | | 21 | A. Yes. | | 22 | Q. Who was paying Genever New York and | | 23 | Genever BVI's legal fees to Hodgson Russ? | | 24 | MR. MITCHELL: Object to the form of | | 25 | the question. |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. I don't know. | | 3 | Q. Who is paying Genever BVI and | | 4 | Genever New York's legal fees to Mr. Mitchell's | | 5 | firm? | | 6 | MR. MITCHELL: I'm going to instruct | | 7 | him not to answer, privilege. | | 8 | MR. MOSS: Who pays the bills is | | 9 | privileged? | | 10 | DI MR. MITCHELL: Potentially. I'm | | 11 | asserting privilege. You can make the | | 12 | argument it's not. | | 13 | Q. Are you going to follow your | | 14 | counsel's instruction? | | 15 | A. I will follow my counsel's | | 16 | instruction. | | 17 | Q. Do you know whether Mr. Kwok is | | 18 | paying Genever BVI and Genever New York's legal | | 19 | fees in connection with this lawsuit? | | 20 | A. He's not. | | 21 | Q. But you don't know who is? | | 22 | A. No. | | 23 | Q. Mr. Kwok and Genever New York sued | | 24 | The Sherry-Netherland Hotel a few years ago in | | 25 | a dispute relating to maintenance of his |

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| 1 | PODHASKIE | |----|--------------------------------------------| | 2 | terrace. | | | | | 3 | Does that sound familiar? | | 4 | A. Yes. | | 5 | Q. And Mr. Kwok and Genever New York | | 6 | were represented by the same law firm -- | | 7 | A. Yes. | | 8 | Q. -- in that lawsuit? | | 9 | Who paid that law firm's legal fees? | | 10 | A. I don't know. | | 11 | MR. MITCHELL: Just for | | 12 | clarification of the record, do you have | | 13 | the name of the firm? Just because it's | | 14 | not my firm, I don't believe it was | | 15 | Hodgson Russ, I just want to make sure -- | | 16 | when you say the same firm, you mean they | | 17 | both had the same attorney, not that it | | 18 | was one of either of our firms, correct? | | 19 | MR. MOSS: Correct. | | 20 | Q. So I don't know -- do you know the | | 21 | name of the firm? | | 22 | A. That represented Genever and | | 23 | Mr. Kwok in the prior lawsuit against The | | 24 | Sherry? | | 25 | Q. Yes. |

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | A. I think it was Stone Magnanini. | | 3 | Q. Do you know who was paying Stone | | 4 | Magnanini's legal fees for Genever New York? | | 5 | A. I don't know. | | 6 | Q. Do you know whether or not Stone | | 7 | Magnanini was paid legal fees from one person | | 8 | or entity or from two people or entities in | | 9 | connection with that lawsuit? | | 10 | MR. MITCHELL: Object to the form. | | 11 | A. I don't know. | | 12 | Q. In other words, did the same person | | 13 | or entity pay the legal fees for both Mr. Kwok | | 14 | and Genever in The Sherry-Netherland lawsuit? | | 15 | A. I don't know. | | 16 | Q. Does the same person or entity pay | | 17 | the legal fees for Mr. Kwok and both Genever | | 18 | entities in this lawsuit? | | 19 | DI MR. MITCHELL: I instruct my client | | 20 | not to answer. | | 21 | MR. MOSS: That's a yes-or-no | | 22 | question. | | 23 | Q. Does the same person or entity pay | | 24 | the legal fees for both Mr. Kwok and Genever | | 25 | entities in this lawsuit? |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | MR. MITCHELL: That one, you can | | 3 | answer. | | 4 | A. I don't know. | | 5 | Q. Has Genever BVI been the sole | | 6 | shareholder of Genever New York for the | | 7 | entirety of Genever New York's existence? | | 8 | A. No, that's not accurate. | | 9 | Q. Why not? | | 10 | A. Genever New York is an LLC. It has | | 11 | members. It doesn't have shareholders. | | 12 | Q. Has Genever BVI been the sole member | | 13 | of Genever New York for the entirety of Genever | | 14 | New York's existence? | | 15 | A. Yes. | | 16 | Q. Does Mr. Kwok control Genever BVI? | | 17 | A. No. | | 18 | Q. Who does? | | 19 | A. Guo Qiang. | | 20 | Q. Does Mr. Kwok control Genever New | | 21 | York? | | 22 | A. No. | | 23 | Q. Who does? | | 24 | A. Guo Qiang. | | 25 | Q. Mr. Kwok does not control Genever |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | BVI, even though he's the sole director and the | | 3 | sole shareholder? | | 4 | MR. MITCHELL: Object to the form of | | 5 | the question, asked and answered. | | 6 | A. Yes. | | 7 | Q. Does Zhang Wei have any role with | | 8 | respect to Genever New York? | | 9 | A. I don't know. | | 10 | Q. Does Zhang Wei own any of the | | 11 | membership interests of Genever New York? | | 12 | A. That's not reflected from the | | 13 | documents I reviewed in preparation for today. | | 14 | Q. Does Genever New York have any | | 15 | directors? | | 16 | A. No, I don't think so. | | 17 | Q. Has it ever had any directors? "It" | | 18 | being Genever New York? | | 19 | A. I think it has just an authorized | | 20 | person and its sole member. Other than that, | | 21 | no. | | 22 | Q. The sole member is Genever BVI? | | 23 | A. Yes. | | 24 | Q. Who's the authorized person? | | 25 | A. Guo Qiang. |

| 1 | | PODHASKIE | |----|-----------------|------------------------------------------------| | 2 | Q. | Have there ever been any other | | 3 | | authorized persons for Genever New York other | | 4 | than Guo Qiang? | | | 5 | | MR. MITCHELL: Object to the form of | | 6 | | the question. | | 7 | A. | Other than the attorneys that were | | 8 | | referenced in the resolutions in the formation | | 9 | | in the purchase of The Sherry, no. | | 10 | Q. | Does Genever New York have any | | 11 | offices? | | | 12 | A. | No. | | 13 | Q. | Has it ever had any offices? | | 14 | A. | No. | | 15 | Q. | Does Genever New York have any | | 16 | employees? | | | 17 | A. | No. | | 18 | Q. | Has Genever New York ever had any | | 19 | employees? | | | 20 | A. | No. | | 21 | Q. | Does Genever New York have a phone | | 22 | number? | | | 23 | A. | I don't know. | | 24 | Q. | Since Genever New York does not have | | 25 | | any directors, I assume it's never had a board |

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| 1 | PODHASKIE | |----|----------------------------------------------| | 2 | meeting; is that right? | | 3 | MR. MITCHELL: Object to the form. | | 4 | A. That was not reflected from the | | 5 | documents that I reviewed for today's | | 6 | preparation. | | 7 | Q. Does Genever New York have any | | 8 | address? | | 9 | MR. MITCHELL: Object to the form of | | 10 | the question. | | 11 | A. 781 Fifth Avenue. | | 12 | Q. And what is that? | | 13 | A. That's The Sherry-Netherland. | | 14 | Q. Genever New York's -- strike that. | | 15 | Is the 18th floor part of the | | 16 | address? | | 17 | A. Yes. | | 18 | Q. So Genever New York's address is the | | 19 | apartment that Mr. Kwok lives in on the 18th | | 20 | floor of The Sherry-Netherland? | | 21 | A. That's the mailing address for | | 22 | Genever New York. | | 23 | Q. Does it have any other addresses? | | 24 | A. Not that I'm aware of. Actually, | | 25 | there might be an address for its registered |

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| 1 | PODHASKIE | | |----|-------------------------------------------------|--| | 2 | agent for service of process in Albany, but | | | 3 | other than that, I'm not aware of any. | | | 4 | Q. Other than the address for a | | | 5 | registered agent, Genever New York does not | | | 6 | have any addresses apart from The | | | 7 | Sherry-Netherland Hotel? | | | 8 | A. No, not that I'm aware of. | | | 9 | Q. Does Genever New York possess any | | | 10 | documents? | | | 11 | MR. MITCHELL: Object to the form of | | | 12 | the question. | | | 13 | A. Yes. | | | 14 | Q. Where are they maintained? | | | 15 | A. I believe in The Sherry-Netherland, | | | 16 | but I'm not -- I don't know for sure. | | | 17 | Q. Are any of the Genever New York's -- | | | 18 | are any of Genever New York's documents | | | 19 | maintained in -- at the British Virgin Islands | | | 20 | address where Genever BVI's documents are held? | | | 21 | MR. MITCHELL: Object to the form of | | | 22 | the question. | | | 23 | A. I don't know. | | | 24 | Q. Are Genever -- are any Genever BVI | | | 25 | documents maintained at The Sherry-Netherland? | |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. I don't know. | | 3 | Q. What documents does Genever New York | | 4 | possess? | | 5 | A. Its corporate formation documents, | | 6 | its stock register, the mail it receives. | | 7 | Q. Are there any people who are | | 8 | authorized to act on behalf of Genever New | | 9 | York? | | 10 | MR. MITCHELL: Object to the form of | | 11 | the question, asked and answered. | | 12 | A. You mean other than Mr. Kwok and his | | 13 | son? | | 14 | Q. Well, so is Mr. Kwok authorized to | | 15 | act on behalf of Genever New York? | | 16 | A. Mr. Kwok? I don't know. | | 17 | Q. Is Guo Qiang authorized to act on | | 18 | behalf of Genever New York? | | 19 | A. Yes. | | 20 | Q. Who authorized him to do that? | | 21 | A. He was authorized by Genever BVI. | | 22 | Q. And did Mr. Kwok, as the sole | | 23 | director and sole shareholder of Genever BVI, | | 24 | authorize Genever BVI to authorize Guo Qiang to | | 25 | act on behalf of Genever New York? |

### Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 102 of 140

| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | MR. MITCHELL: Object to the form of | | 3 | the question. | | 4 | A. I would assume so. I don't know for | | 5 | certain, but I know that, in or around | | 6 | May 2015, Guo Qiang was made an authorized | | 7 | person for Genever New York. | | 8 | Q. What assets does Genever New York | | 9 | hold? | | 10 | A. It owns the shares in The | | 11 | Sherry-Netherland Corporation and it has a bank | | 12 | account with JPMorgan Chase. | | 13 | Q. And that's the bank account that's | | 14 | funded by Golden Spring New York whose purpose | | 15 | is to hold the money to pay the maintenance | | 16 | fees for The Sherry-Netherland? | | 17 | A. The bank account's purpose, I don't | | 18 | know if it's to hold the money, but it is -- | | 19 | the bank account is used to pay the maintenance | | 20 | for Genever New York. | | 21 | Q. And you can't identify any other | | 22 | payments that have come out of the bank | | 23 | account, other than to pay the maintenance for | | 24 | The Sherry-Netherland Hotel? | | 25 | A. I don't know. |

### Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 103 of 140

| 1 | PODHASKIE | |----|-------------------------------------------------| | | | | 2 | Q. Has Genever New York ever held any | | 3 | other assets -- by the way, strike that. | | 4 | What's the most money that's ever | | 5 | been in that JPMorgan account, that Chase | | 6 | account for Genever New York? | | 7 | MR. MITCHELL: Object to the form of | | 8 | the question. | | 9 | A. I don't know. | | 10 | Q. Any sense? | | 11 | A. Not really, no. | | 12 | Q. More than \$3 million? | | 13 | A. The monthly maintenance for The | | 14 | Sherry is about 60,000. So, you know, enough | | 15 | to cover that every month. | | 16 | Q. Has Genever New York ever held any | | 17 | other assets besides the Chase account and the | | 18 | ownership in The Sherry-Netherland? | | 19 | A. I don't know. | | 20 | Q. Has Genever New York ever sold any | | 21 | assets? | | 22 | A. Not that I'm aware of. | | 23 | Q. Are you aware of any acquisitions | | 24 | other than the bank account and the shares of | | 25 | The Sherry-Netherland? |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. It's not reflected in the documents | | 3 | I reviewed for today. | | 4 | Q. Other than Justice Ostrager's order, | | 5 | are any of -- is Genever New York encumbered in | | 6 | any way? | | 7 | MR. MITCHELL: Object to the form of | | 8 | the question. | | 9 | A. There is a trust agreement between | | 10 | Genever New York and Bravo Luck, Mr. Kwok and | | 11 | Genever BVI, I believe, that involves The | | 12 | Sherry-Netherland residence, but other than | | 13 | that, and Justice Ostrager's order, I'm not | | 14 | aware of any other encumbrances. | | 15 | Q. Are you aware of whether Genever New | | 16 | York's assets have ever been encumbered in the | | 17 | past other than the trust agreement and Justice | | 18 | Ostrager's order? | | 19 | MR. MITCHELL: Object to the form of | | 20 | the question. | | 21 | A. I would say the pledge agreements we | | 22 | discussed earlier to Roscalitar 2 and Blue | | 23 | Capital. Other than that, I'm not aware of | | 24 | any. | | 25 | (Podhaskie Exhibit 9, Declaration of |

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| 1 | PODHASKIE | |----|---------------------------------------------------| | 2 | Trust and Agreement, marked for | | 3 | identification.) | | 4 | Q. Mr. Podhaskie, you have been landed | | 5 | Exhibit 9. | | 6 | Is this the trust agreement that you | | 7 | have been referring to relating to Bravo Luck | | 8 | and the Genever entities? | | 9 | A. (Document review.) Yes, this | | 10 | appears to be a copy of that trust agreement. | | 11 | Q. It's dated February 17, 2015. | | 12 | Is that when it was entered into? | | 13 | A. Yes. | | 14 | Q. If you look at the bottom on the | | 15 | left-hand side, do you know whose signature | | 16 | that is? I'm sorry. The bottom of the first | | 17 | page, 543. | | 18 | A. Yes. | | 19 | Q. Whose is it? | | 20 | A. Guo Qiang. | | 21 | Q. How about on the right-hand side, | | 22 | whose signature is that? | | 23 | A. I don't know for certain, but it | | 24 | looks like Mr. Kwok's. | | 25 | Q. And on page 544, is it same thing, |

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| 1 | PODHASKIE | |----|----------------------------------------------| | 2 | Guo Qiang's signature is on the left and | | 3 | Mr. Kwok's is on the right? | | 4 | A. It appears so, yes. | | 5 | Q. And on page 545, is Guo Qiang's the | | 6 | first signature and Mr. Kwok's are the next | | 7 | three? | | 8 | MR. MITCHELL: Object to the form of | | 9 | the question. | | 10 | A. You mean the three below the other | | 11 | three signatures besides Guo Qiang's? | | 12 | Q. Yes. | | 13 | A. Yes, it appears so. | | 14 | Q. Guo Qiang signed on behalf of Bravo | | 15 | Luck Limited; is that right? | | 16 | A. Yes. | | 17 | Q. And Mr. Kwok signed on behalf of | | 18 | Genever New York, Genever BVI and Mr. Kwok, | | 19 | himself, right? | | 20 | A. Yes. | | 21 | Q. Do you know whether or not | | 22 | counsel -- there was any counsel who | | 23 | represented any of the parties in connection | | 24 | with this agreement? | | 25 | A. I don't know. |

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | Q. Do you know where this agreement was | | 3 | maintained? | | 4 | A. I don't know. | | 5 | Q. So I want to direct your attention | | 6 | down in the background section. | | 7 | Number 2 -- first of all, do you see | | 8 | at the top, when it defines the parties, the | | 9 | BVI company is Genever Holdings Corporation? | | 10 | A. Yes. | | 11 | Q. That's the company we have been | | 12 | referring to as Genever BVI, right? | | 13 | A. Yes, I believe so. | | 14 | Q. And the company, Genever Holdings | | 15 | LLC, which you and I have been referring to as | | 16 | Genever New York, is referred to in this | | 17 | document as the US SPV; is that right? | | 18 | A. Yes. | | 19 | Q. And SPV stands for special purpose | | 20 | vehicle; is that right? | | 21 | A. I believe so, yes. | | 22 | Q. And if you look in the background, | | 23 | number 2, it says, "The purpose of the BVI | | 24 | company," which is Genever BVI, "is a special | | 25 | purpose vehicle holding the US SPV." |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | Do you see that? | | 3 | A. Yes. | | 4 | Q. And the US SPV is Genever New York, | | 5 | right? | | 6 | A. Yes. | | 7 | Q. So according to this document, the | | 8 | purpose of Genever BVI is to hold Genever New | | 9 | York, right? | | 10 | A. That's what this says, yes. | | 11 | Q. Is that accurate? | | 12 | A. That's one of the purposes, as I | | 13 | understand it, yes. | | 14 | Q. And in number 3, "The purpose of the | | 15 | US SPV," that's Genever New York, right? | | 16 | A. Yes. | | 17 | Q. So "The purpose of Genever New York | | 18 | is a special purpose vehicle holding a property | | 19 | situated at," and then it has several units on | | 20 | the 18th floor at The Sherry-Netherland." | | 21 | Is that right? | | 22 | A. That's what it says, yes. | | 23 | Q. So the purpose of Genever New York | | 24 | is to be a special purpose vehicle to hold the | | 25 | 18th floor residence, right? |

### Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 109 of 140

| 1 | PODHASKIE | |----|---------------------------------------------------| | 2 | A. That's one of the purposes, yes. | | 3 | Q. The document doesn't say it's one of | | 4 | the purposes. It says it's the purpose, right? | | 5 | MR. MITCHELL: Object to the form. | | 6 | A. The document says that the US SPV is | | 7 | a special purpose vehicle holding a property | | 8 | situated at, and it references the 18th floor | | 9 | of The Sherry-Netherland. | | 10 | Q. You said one of the purposes was to | | 11 | hold the apartment, and I'm just saying the | | 12 | document says the purpose of the US SPV, right? | | 13 | Not one of the purposes. | | 14 | A. Yes. | | 15 | Q. And it says the purpose of the BVI | | 16 | Company is to hold Genever New York, not one of | | 17 | the purposes, right? | | 18 | A. Right. But it's one of the | | 19 | purposes. | | 20 | Q. And it says, in number 4, that "For | | 21 | the avoidance of doubt, the trustee is holding | | 22 | the BVI Company and the US SPV," those are the | | 23 | two Genever entities, right? | | 24 | A. Yes. | | 25 | Q. "The trustee is holding the Genever |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | entities in trust for the owner." | | 3 | And the owner is Bravo Luck; is that | | 4 | correct? | | 5 | A. Yes. | | 6 | Q. And it says that the owner, which is | | 7 | Bravo Luck, is a beneficial owner of New | | 8 | York -- Genever New York and Genever BVI," | | 9 | right? | | 10 | A. That's what it says, yes. | | 11 | Q. Is that consistent with Genever's | | 12 | understanding? | | 13 | A. Yes. | | 14 | Q. Did Genever New York or Mr. Kwok | | 15 | ever disclose to The Sherry-Netherland, when it | | 16 | was applying for the lease, that Bravo Luck was | | 17 | going to be the beneficial owner of the Genever | | 18 | entities? | | 19 | A. I don't know. | | 20 | Q. You think The Sherry-Netherland | | 21 | would have wanted to know who the beneficial | | 22 | owner of the apartment was going to be? | | 23 | MR. MITCHELL: Object to the form of | | 24 | the question, calls for speculation. | | 25 | Q. You can answer. |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. I don't know what The | | 3 | Sherry-Netherland would have wanted to know, | | 4 | but I know that they knew the money came from | | 5 | Bravo Luck. | | 6 | Q. Did you, in the course of your | | 7 | review of documents to prepare for this | | 8 | deposition, did you see any document evidencing | | 9 | that The Sherry-Netherland knew that Bravo Luck | | 10 | was going to be the beneficial owner of the | | 11 | apartment? | | 12 | A. I didn't see anything in my | | 13 | preparation for today. | | 14 | Q. See there are covenants by the | | 15 | trustee in Section 3? See those covenants? | | 16 | A. Are we still on page 1? | | 17 | Q. Sorry. Section 3, "The trustee | | 18 | further covenants with the owner." | | 19 | Do you see that? | | 20 | A. Oh. Yes, yes, yes. | | 21 | Q. And you see on the first page that | | 22 | the trustee is Mr. Kwok? | | 23 | A. Yes. | | 24 | Q. So take a look at 3.4, "The trustee | | 25 | covenants that it will not create or allow to |

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| 1 PODHASKIE | |-------------------------------------------------------| | 2 be created any charge, mortgage or lien on the | | 3 BVI company, the US SPV and/or assets held by | | 4 the BVI company and/or the US SPV unless with | | 5 the prior written approval of the owner and the | | 6 co-owners." | | 7 Do you see that? | | 8 A. Yes. | | 9 Q. The pledges to Blue Capital and | | 10 Roscalitar 2 would require prior written | | 11 approval of the owner and the co-owners under | | 12 this agreement; is that right? | | 13 A. Yes. | | 14 Q. And the owner is Bravo Luck? | | 15 A. Yes. | | 16 Q. And who are the co-owners? The | | 17 co-owners, if you look at background, page 1, | | 18 543, Section 6, "The owner made known to the | | 19 trustee that certain parties" -- "third parties | | 20 may co-own the property through the owner in | | 21 accordance with the co-operation plan and the | | 22 trustee is also acting as a trustee for those | | 23 third parties." | | 24 Do you know who those co-owner third | | 25 parties are? | | |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. I don't know. | | 3 | Q. Did -- | | 4 | A. I'm sorry. I don't know who the | | 5 | co-owners are. The owner is defined as Bravo | | 6 | Luck. | | 7 | Q. Yes. Did Mr. Kwok, the trustee, get | | 8 | prior written approval of the owner, Bravo | | 9 | Luck, or any of the co-owners before pledging | | 10 | the shares of Genever BVI to either Roscalitar | | 11 | 2 or Blue Capital? | | 12 | MR. MITCHELL: Object to the form of | | 13 | the question. | | 14 | A. I don't know. | | 15 | Q. Have you seen any documents | | 16 | suggesting that such written approval was | | 17 | obtained? | | 18 | MR. MITCHELL: Object to the form of | | 19 | the question. | | 20 | A. I didn't see any in my preparation | | 21 | for today. | | 22 | Q. As of early 2015, when Mr. Kwok was | | 23 | applying to The Sherry-Netherland board, who | | 24 | owned Bravo Luck? | | 25 | MR. MITCHELL: Object to the form of |

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | the question. | | 3 | A. I think, as of January 2015, Bravo | | 4 | Luck was owned by Guo Qiang. | | 5 | Q. Isn't it true that Mr. Kwok, | | 6 | himself, was also a 50 percent owner of Bravo | | 7 | Luck? | | 8 | A. I think Guo Qiang transferred | | 9 | 50 percent of the ownership in Bravo Luck to | | 10 | his father around that time. | | 11 | Q. By the way, what business is Guo | | 12 | Qiang in? | | 13 | A. Finance. | | 14 | (Podhaskie Exhibit 10, Letter from | | 15 | Stevenson Wong dated March 4, 2015, marked | | 16 | for identification.) | | 17 | Q. Mr. Podhaskie, you have been handed | | 18 | Exhibit 10, which is a letter from Stevenson | | 19 | Wong dated March 4, 2015, to the board of | | 20 | directors of The Sherry-Netherland, regarding | | 21 | the application of Mr. Kwok Ho Wan to become a | | 22 | shareholder of The Sherry-Netherland, Inc., | | 23 | Bravo Luck Limited, the company. | | 24 | Do you see that? | | 25 | A. Yes. |

### Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 115 of 140

| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | Q. Was Stevenson Wong representing | | 3 | Mr. Kwok in connection with his application to | | 4 | become a shareholder of The Sherry-Netherland? | | 5 | MR. MITCHELL: Object to the form of | | 6 | the question. | | 7 | And, additionally, this is outside | | 8 | of the scope of the 30(b)(6) notice. If | | 9 | he has knowledge, I will allow him to | | 10 | answer, but note my objection for the | | 11 | record. | | 12 | MR. MOSS: Well, Genever New York | | 13 | was a -- | | 14 | MR. MITCHELL: If you're asking | | 15 | about Genever New York. You asked | | 16 | specifically about Mr. Kwok, who his | | 17 | attorney was. | | 18 | MR. MOSS: Sure. But Mr. Kwok was | | 19 | buying this on behalf of an entity, | | 20 | Genever New York. | | 21 | MR. MITCHELL: Are you asking about | | 22 | the entity? | | 23 | BY MR. MOSS: | | 24 | Q. I'm asking, what was Stevenson | | 25 | Wong's role -- who was Stevenson Wong |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | representing in connection with The | | 3 | Sherry-Netherland application? | | 4 | A. I don't know. Based on this letter, | | 5 | it appears they were representing Mr. Kwok or | | 6 | his family, but I don't know. | | 7 | Q. If you look at page -- the second | | 8 | page, SN74, Stevenson Wong writes, "We confirm | | 9 | that, A, the company," which is defined on the | | 10 | previous page as Bravo Luck, "is legally and | | 11 | beneficially owned as to 50 percent by Mr. Kwok | | 12 | Ho Wan and 50 percent by Mr. Guo Qiang, | | 13 | respectively." | | 14 | Do you see that? | | 15 | A. Yes. | | 16 | Q. Is it correct that, as of March 4, | | 17 | 2015, Mr. Kwok owned 50 percent of Bravo Luck? | | 18 | A. That is what this letter reflects. | | 19 | I was not prepared to talk about the ownership | | 20 | of Bravo Luck today. | | 21 | Q. Do you have any reason to believe | | 22 | that this document is inaccurate? | | 23 | A. No. | | 24 | Q. Do you know whether or not Bravo | | 25 | Luck -- do you know whether or not Mr. Kwok's |

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | ownership interest in Bravo Luck has increased | | 3 | or decreased or stayed the same since March 4, | | 4 | 2015? | | 5 | MR. MITCHELL: Object to the form of | | 6 | the question. Again, I think this is | | 7 | outside the scope. I will allow him to | | 8 | answer if he has the knowledge, but | | 9 | A. I understand that Guo Qiang is | | 10 | currently the 100 percent owner of Bravo Luck. | | 11 | Q. Do you understand how it came to be | | 12 | that Mr. Kwok lost his 50 percent? | | 13 | MR. MITCHELL: Same objection. | | 14 | A. I don't know. | | 15 | Q. Do you know when that happened? | | 16 | MR. MITCHELL: Same objection. | | 17 | A. I don't know. | | 18 | Q. Have you seen any documents relating | | 19 | to that transfer? | | 20 | MR. MITCHELL: Same objection. | | 21 | A. Not in my preparation for today's | | 22 | deposition. | | 23 | MR. MOSS: Why don't we take a break | | 24 | now? Let's go off the record. | | 25 | THE VIDEOGRAPHER: We are now off |

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**116**

**1 PODHASKIE 2 the record. The time is 5:27 p.m. 3 (Recess taken.) 4 THE VIDEOGRAPHER: We are now back 5 on the record. The time is 5:36 p.m. 6 BY MR. MOSS: 7 Q. Mr. Podhaskie, you've answered a lot 8 of questions today saying yes or no based on 9 the documents I had access to in my review. 10 Did you have access to Genever New 11 York and Genever BVI's full set of files? 12 MR. MITCHELL: Object to the form of 13 the question. 14 I don't know that that's exactly 15 what he said, but I know you're 16 paraphrasing, but... 17 MR. MOSS: Okay. 18 A. Whatever they had, I reviewed, so. 19 Q. Did you ever ask to see any 20 documents that weren't provided to you? 21 MR. MITCHELL: Object to the form of 22 the question. 23 A. No. 24 Q. Do you have any reason to believe 25 that there were documents missing from your**

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| 1 | PODHASKIE | |----|--------------------------------------------------| | 2 | review? | | 3 | A. I don't know. There's no reason for | | 4 | me to think anything was missing, I don't know. | | 5 | Q. Did you say any document referencing | | 6 | the fact that Guo Qiang has control of Genever | | 7 | BVI? | | 8 | MR. MITCHELL: Object to the form of | | 9 | the question. | | 10 | A. There's a document that indicates | | 11 | he's the president of Genever BVI. Other than | | 12 | that, no. | | 13 | Q. Do you know whether or not that | | 14 | document was produced to us in this litigation? | | 15 | A. I don't know. I believe it was, but | | 16 | I don't know. | | 17 | Q. Did you ever see any document | | 18 | providing that Genever BVI authorized Guo Qiang | | 19 | to act on behalf of Genever New York? | | 20 | A. There was a document that Guo Qiang | | 21 | became the authorized person of Genever New | | 22 | York. I don't recall who executed it or what, | | 23 | but I remember seeing a document that indicated | | 24 | he was the authorized person, and Guo Qiang, he | | 25 | signed an application for an EIN for Genever |

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| 1 | PODHASKIE | |----|------------------------------------------------| | 2 | New York. | | 3 | Q. Have you ever seen any document or | | 4 | did you see any document in the course of your | | 5 | review providing that Yvette Wang had any role | | 6 | with Genever BVI or Genever New York? | | 7 | MR. MITCHELL: Object to the form of | | 8 | the question. | | 9 | A. I know that she signed an affidavit | | 10 | in connection with the litigation that made | | 11 | statements about Genever and The | | 12 | Sherry-Netherland. Other than that, I don't | | 13 | recall. | | 14 | Q. Do you know where she obtained the | | 15 | information she put in her affidavit relating | | 16 | to Genever and The Sherry-Netherland? | | 17 | MR. MITCHELL: Object to the form of | | 18 | the question, and I think this is outside | | 19 | the scope of the 30(b)(6). | | 20 | If he has the knowledge, I'm glad to | | 21 | let him answer. | | 22 | MR. MOSS: Okay. | | 23 | A. I don't know. | | 24 | MR. MOSS: Nothing further at this | | 25 | time. Thank you, Mr. Podhaskie. |

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**119**

**1 PODHASKIE 2 MR. MITCHELL: Just before you start 3 going off the record, I just have a couple 4 questions for Mr. Podhaskie, just to 5 clarify the record. 6 MR. MOSS: Sure. 7 EXAMINATION BY 8 MR. MITCHELL: 9 Q. Mr. Podhaskie, you were provided 10 with a number of exhibits today. One of those 11 exhibits was Podhaskie 3 -- Exhibit 3, rather. 12 A. Yes. 13 Q. If you'll note, these were 14 identified, when questions were asked, by Bates 15 stamps number, Kwok, and then a number. 16 Do you see that? 17 A. Yes. 18 Q. Looking now at Podhaskie -- is it 19 your understanding that these documents were 20 produced by Mr. Kwok's attorney in relation to 21 this litigation? 22 MR. MOSS: Objection, leading. 23 A. Yes. 24 Q. Looking at Exhibit Podhaskie 4, do 25 you see any such Bates stamps?**

### Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 122 of 140

| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | A. No. | | 3 | Q. Prior to today, do you have any | | 4 | recollection of seeing this document? | | 5 | MR. MOSS: What document? | | 6 | MR. MITCHELL: Exhibit 4 that we're | | 7 | talking about. | | 8 | MR. MOSS: Okay. | | 9 | A. I think I may have seen it as one of | | 10 | the documents that was filed in connection with | | 11 | the litigation, but other than that, no. | | 12 | Q. Have you seen -- in your review of | | 13 | the documents, Genever BVI and Genever New York | | 14 | as they have been referred to here today, in | | 15 | reviewing in preparation for this deposition, | | 16 | did you see those documents within their | | 17 | records? | | 18 | MR. MOSS: Objection to the form. | | 19 | A. Did I see Exhibit 4? | | 20 | Q. Exhibit 4, correct. | | 21 | MR. MOSS: I don't know what "those | | 22 | documents" mean. | | 23 | Q. Exhibit 4, this set of pages that is | | 24 | Exhibit 4. | | 25 | A. So did I see Exhibit 4 in connection |

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| 1 | PODHASKIE | |----|-------------------------------------------------| | 2 | with the documents I reviewed in connection for | | 3 | today's deposition? | | 4 | Q. Correct. | | 5 | A. I saw it in connection with -- if I | | 6 | recall, I saw it in connection with the filings | | 7 | that were made in the New York litigation. | | 8 | Q. Was it contained within the records | | 9 | that you reviewed in preparation for today? | | 10 | A. The records maintained by Genever | | 11 | New York? | | 12 | Q. Correct. | | 13 | A. And Genever BVI? I don't think so. | | 14 | Q. Exhibit 5, do you see a Bates stamp | | 15 | on that document? | | 16 | A. (Document review.) No. | | 17 | Q. Now, this document appears to have | | 18 | been filed in the litigation or in a | | 19 | litigation, anyway. I believe that's the | | 20 | docket number in this case. | | 21 | A. Yes, it appears so. | | 22 | Q. Do you recall seeing this document | | 23 | before today? | | 24 | A. Again, I think I may have seen this | | 25 | when I reviewed the litigation file as |

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| 1 | | PODHASKIE | |----|-------------------|------------------------------------------------| | 2 | | something that was filed in the litigation. | | 3 | Q. | Do you recall seeing this document | | 4 | | within the books and records maintained by | | 5 | Genever New York? | | | 6 | A. | I don't recall, no. | | 7 | Q. | How about Genever BVI? | | 8 | A. | I don't recall. | | 9 | Q. | Exhibit 6, which is the memorandum? | | 10 | A. | Yes. | | 11 | Q. | Do you see any Bates stamps on | | 12 | there? | | | 13 | A. | (Document review.) No. | | 14 | Q. | But there is a docket filing number, | | 15 | correct? | | | 16 | A. | Yes. | | 17 | Q. | Do you recall seeing this document | | 18 | | in the books and records maintained by Genever | | 19 | New York? | | | 20 | A. | Exhibit 6? | | 21 | Q. | Correct. | | 22 | A. | No. | | 23 | Q. | Genever BVI? | | 24 | A. | No. | | 25 | Q. | Exhibit 7, do you see a Bates stamp |

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**123**

**1 PODHASKIE 2 number on this document, when you find it? 3 A. (Document review.) No. 4 Q. Do you know -- up top, do you see 5 that it was filed in this proceeding in the 6 eCourt's filing system? 7 A. By "the proceeding," you're 8 referring to the litigation? 9 Q. Correct. 10 A. Yes. 11 Q. In your review of Genever New York's 12 books and records, do you recall seeing this 13 document? 14 A. I don't recall. 15 Q. In your review of Genever BVI's 16 books and records, do you recall seeing this 17 document? 18 A. I don't recall. 19 Q. Exhibit 8, do you see a Bates stamp 20 number on here? 21 A. No. 22 Q. And Exhibit 8, at the top, do you 23 see -- would you agree that it was filed in New 24 York County Clerk in this litigation? 25 MR. MOSS: Objection, leading.**

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| 1 | PODHASKIE | |----|-----------------------------------------------| | 2 | A. Yes. | | 3 | Q. And prior to today, do you recall | | 4 | seeing this document? | | 5 | A. I think I would have seen it in | | 6 | connection with my review of the litigation | | 7 | file. | | 8 | Q. In your review of the Genever New | | 9 | York books and records, do you recall seeing | | 10 | this document? | | 11 | A. I don't recall. | | 12 | Q. And in your review of the books and | | 13 | records for Genever BVI, do you recall seeing | | 14 | this document? | | 15 | A. I don't recall. | | 16 | MR. MITCHELL: No further questions. | | 17 | MR. MOSS: No questions. | | 18 | MR. SARNOFF: Thank you. | | 19 | THE VIDEOGRAPHER: This concludes | | 20 | today's deposition. We are now going off | | 21 | the record. The time is 5:46 p.m. Thank | | 22 | you. | | 23 | (Time noted: 5:46 p.m.) | | 24 | | | 25 | | | | |

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| 1 | A C K N O W L E D G M E N T | |----|-------------------------------------------------| | 2 | | | 3 | STATE OF ) | | 4 | :ss | | 5 | COUNTY OF ) | | 6 | | | 7 | I, DANIEL PODHASKIE, hereby certify | | 8 | that I have read the transcript of my testimony | | 9 | taken under oath in my deposition; that the | | 10 | transcript is a true, complete and correct | | 11 | record of my testimony, and that the answers on | | 12 | the record as given by me are true and correct. | | 13 | | | 14 | | | 15 | | | 16 | ________________________ | | 17 | DANIEL PODHASKIE | | 18 | | | 19 | | | 20 | Signed and subscribed to before me | | 21 | this _______ day of ______________, ____. | | 22 | | | 23 | | | 24 | ________________________________________ | | 25 | Notary Public, State of ___________ |

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**126**

**1 C E R T I F I C A T E 2 3 STATE OF NEW YORK ) 4 :ss 5 COUNTY OF RICHMOND) 6 7 I, MELISSA GILMORE, a Notary Public 8 within and for the State of New York, do hereby 9 certify: 10 That DANIEL PODHASKIE, the witness 11 whose deposition is hereinbefore set forth, was 12 duly sworn by me and that such deposition is a 13 true record of the testimony given by such 14 witness. 15 I further certify that I am not 16 related to any of the parties to this action by 17 blood or marriage; and that I am in no way 18 interested in the outcome of this matter. 19 IN WITNESS WHEREOF, I have hereunto 20 set my hand this 16th day of December, 2019. 21 22 23 24 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 25 MELISSA GILMORE**

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| *** ERRATA SHEET *** ELLEN GRAUER COURT REPORTING CO., LLC 126 East 56th Street, Fifth Floor New York, New York 10022 212-750-6434 DATE OF DEPOSITION: DECEMBER 11, 2019 LINE FROM TO REASON ____ _____ ___________ ___________ _____________ ____ _____ ___________ ___________ _____________ ____ _____ ___________ ___________ _____________ ____ _____ ___________ ___________ _____________ ____ _____ ___________ ___________ _____________ ____ _____ ___________ ___________ _____________ ____ _____ ___________ ___________ _____________ ____ _____ ___________ ___________ _____________ ____ _____ ___________ ___________ _____________ ____ _____ ___________ ___________ _____________ ____ _____ ___________ ___________ _____________ __________________________ Subscribed and sworn before me this____day of__________,20__. ___________________ ______________________ (Notary Public) My Commission Expires: | | | | | | | | |---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------|--|--|--|--|--|--| | | 1 | | | | | | | | | 2 3 | | | | | | | | | | | | | | | | | | | | | | | | | | | 5 NAME OF CASE: PACIFIC ALLIANCE v. KWOK HO WAN | | | | | | | | | 6 NAME OF WITNESS: DANIEL PODHASKIE | | | | | | | | | PAGE | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 130 of 140

| | additionally (1) | answered (12) | assets (29) | back (5) | |-----------------------------------|------------------------|--------------------------|-----------------------------------------|-----------------------------------------| | \$ | 113:7 | 18:13;19:5;47:18; | 14:14;25:10;47:4, | 43:11,15;75:3;80:6; | | | address (22) | 60:24;62:3,7,8;63:5; | 15,19;48:9,13,15,16, | 116:4 | | \$3 (1) | 16:19;34:24;35:7,8, | 86:20;95:5;99:11; | 18,20;49:6;50:11,19; | background (3) | | 101:12 | 16,16,21,23;36:3,6, | 116:7 | 51:9;59:5,16;61:4,15, | 105:6,22;110:17 | | | 14,25;39:24;40:6,6; | apart (2) | 23,24;62:10;63:2; | bad (1) | | A | 97:8,16,18,21,25; | 86:14;98:6 | 100:8;101:3,17,21; | 81:17 | | | 98:4,20 | apartment (24) | 102:16;110:3 | bank (17) | | AARON (1) | addresses (4) | 24:14;59:8;73:21; | assign (1) | 27:4;40:12;88:5,7, | | 3:7 | 35:20;36:12;97:23; | 74:2,5,10;75:16,22; | 71:5 | 13,15;89:6,19,22; | | aaron@lmesqcom (1) | 98:6 | 76:2,7,24;77:4,21; | assigned (2) | 90:4,7;100:11,13,17, | | 3:9 | adds (1) | 78:18,25;80:2;83:20; | 50:13;70:23 | 19,22;101:24 | | able (1) | 30:11 | 84:2,22;87:7;97:19; | assignments (1) | Based (13) | | 36:2 | administer (1) 6:15 | 107:11;108:22; 109:11 | 73:14 assume (5) | 21:10;23:16;29:19; 31:17;32:16;33:4; | | accept (1) | affidavit (3) | apparent (1) | 9:11;46:17;80:3; | 39:8;46:11;55:15; | | 78:13 | 75:6;118:9,15 | 28:10 | 96:25;100:4 | 64:21;86:13;114:4; | | access (2) | affiliation (1) | appear (8) | assuming (1) | 116:8 | | 116:9,10 | 19:12 | 7:21;21:12;29:21; | 17:15 | Bates (13) | | accordance (1) | again (16) | 55:15,17;57:7;66:6; | Attachment (2) | 19:24;20:7,15,20, | | 110:21 | 13:6;29:19;33:4; | 69:19 | 58:5,10 | 22;29:8;44:23; | | according (3) | 40:10;47:25;48:7; | appearances (1) | attended (3) | 119:14,25;121:14; | | 45:22;86:6;106:7 | 57:23;60:15,19;61:6; | 7:21 | 15:8,10;42:6 | 122:11,25;123:19 | | account (17) | 63:6;65:10;73:7; | appears (17) | attention (9) | became (4) | | 27:5;88:5,13,15; | 79:23;115:6;121:24 | 21:2;23:10,17; | 20:2,20;29:6;44:19; | 37:13,25;72:3; | | 89:6,19,22;90:4,7; | against (2) | 29:15;30:12;45:4; | 58:15,17;80:8;84:23; | 117:21 | | 100:12,13,19,23; 101:5,6,17,24 | 49:17;92:23 | 55:9;57:4;65:24; | 105:5 | become (5) | | account's (1) | age (1) | 66:10;69:8;103:10; | attorney (5) | 37:9;65:6;72:5; | | 100:17 | 71:24 | 104:4,13;114:5; | 11:22;82:3;92:17; | 112:21;113:4 | | accurate (19) | agent (9) | 121:17,21 | 113:17;119:20 | beginning (2) | | 9:12;18:17;21:12; | 27:22;28:5;33:12; | application (5) | Attorneys (3) | 22:9;75:2 | | 23:15,18;29:18,21; | 35:9,17;36:13,23; | 15:14;112:21; | 3:4;6:4;96:7 | behalf (21) | | 44:18;45:12;46:12; | 98:2,5 | 113:3;114:3;117:25 | authentic (5) | 8:24;11:8;15:15; | | 51:6;60:18;66:9; | ago (3) | applying (2) | 23:14;29:18;45:12; | 40:15;41:16,23;42:8; | | 73:24;74:8,14;83:23; | 85:22;90:17;91:24 | 108:16;111:23 | 57:8;69:16 | 45:21;52:2;58:11; | | 94:8;106:11 | agree (1) | appointed (5) | authority (1) | 70:19;71:2,3;99:8,15, | | acquired (1) | 123:23 | 38:4,16;40:24;41:6; | 46:5 | 18,25;104:14,17; | | 47:23 | AGREED (3) | 43:22 | Authorization (3) | 113:19;117:19 | | acquisitions (1) | 6:4,9,13 | appointing (1) | 20:21,25;21:8 | below (1) | | 101:23 | agreement (14) | 39:23 | authorize (2) | 104:10 | | Act (13) | 26:20;73:17;82:10, | appoints (1) | 99:24,24 | beneficial (4) | | 23:4;29:10;40:15, | 17,24;86:17;102:9, | 40:22 | authorized (21) | 108:7,17,21;109:10 | | 22,24;41:7,9;61:20; | 17;103:2,6,10; | approach (1) | 6:15;40:15;41:9; | beneficially (1) | | 99:8,15,17,25;117:19 | 104:24;105:2;110:12 | 70:20 | 45:20,21,25;46:2; | 114:11 | | acted (1) | agreements (2) | approaching (1) | 82:7,9;95:19,24;96:3; | beside (1) | | 33:12 | 26:24;102:21 al (1) | 72:4 approval (4) | 99:8,14,17,20,21; 100:6;117:18,21,24 | 78:19 besides (8) | | acting (1) | 7:7 | 110:5,11;111:8,16 | available (5) | 23:23;31:18;34:2; | | 110:22 | Albany (1) | argument (1) | 60:5,17;61:21;65:2, | 36:12;38:24;83:15; | | actions (4) | 98:2 | 91:12 | 7 | 101:17;104:11 | | 41:15,22;42:3; | Alliance (1) | around (8) | Avenue (2) | best (2) | | 80:24 | 7:6 | 53:7,11,16;70:3; | 3:5;97:11 | 13:23;64:15 | | activity (2) | Alliance's (2) | 83:10;85:20;100:5; | avoidance (1) | bills (1) | | 52:17;53:16 | 67:17;68:8 | 112:10 | 107:21 | 91:8 | | Acts (2) | allow (5) | Asia (1) | aware (18) | block (1) | | 23:4;46:3 | 11:23;63:20; | 7:6 | 24:5;36:16;38:19, | 45:7 | | actual (1) | 109:25;113:9;115:7 | assert (1) | 22,23;50:9;67:20; | Blue (14) | | 84:5 | amount (1) | 12:3 | 70:17;72:8;90:13; | 26:22;53:23;54:2,5, | | Actually (1) | 30:18 | asserting (1) | 97:24;98:3,8;101:22, | 11,14,19;66:4;67:21; | | 97:24 add (1) | and/or (2) | 91:11 | 23;102:14,15,23 | 69:12;73:10;102:22; | | 70:2 | 110:3,4 | asset (10) | | 110:9;111:11 | | added (2) | Andrea (2) | 25:3,6,9;46:13,18, | B | board (8) | | 25:21;86:25 | 45:15;80:19 | 22;47:8,11,24;48:3 | | 39:2,12;52:16; |

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 131 of 140

**DANIEL PODHASKIE December 11, 2019**

| 53:15;72:4;96:25; 111:23;112:19 | 48:3,19,23;49:5; 50:11,13,23;51:3,4, | 69:12;73:10;102:23; 110:9;111:11 | communicate (2) 13:2,8 | conversations (4) 16:10;26:2;27:3; | |----------------------------------------------|---------------------------------------------|-------------------------------------|-----------------------------------------|----------------------------------------| | books (10) | 12,13,24;53:22;54:5, | case (4) | communicated (2) | 28:2 | | 35:22;36:7,10,14; | 25;55:10,21;56:5,14; | 19:22;49:25;75:7; | 42:16,19 | co-operation (1) | | 122:4,18;123:12,16; | 57:13,23;59:5,6,17, | 121:20 | Companies (3) | 110:21 | | 124:9,12 | 22;61:4,15,19,20,24; | cause (1) | 23:4;29:9;61:20 | co-own (1) | | both (10) | 62:10,12;63:2,7,10; | 82:9 | Company (25) | 110:20 | | 13:19;14:7,9,11,15; | 64:2,4,7,11,16,22; | caution (3) | 7:16,19;22:7;24:8, | co-owner (1) | | 83:19;92:17;93:13, | 65:6;66:13;67:12,15; | 32:3;40:10;52:12 | 10;32:10;36:4;40:22; | 110:24 | | 17,24 | 69:21;70:11,12,13,19, | cents (1) | 46:18,21;53:23; | co-owners (6) | | bottom (3) 21:14;103:14,16 | 20,22;71:2,6;72:14; 73:15;74:3;77:14,23; | 29:24 certain (4) | 74:11;75:16,23;76:3; 105:9,11,14,24; | 110:6,11,16,17; 111:5,9 | | Bravo (26) | 80:11,13,25;81:7,10, | 52:8;100:5;103:23; | 107:16,22;110:3,4; | copies (1) | | 28:7;32:9,13;73:18; | 18;83:8,18;84:10,18, | 110:19 | 112:23;114:9 | 74:18 | | 102:10;103:7;104:14; | 19;85:18,23;86:8; | certainly (3) | compilation (1) | copy (18) | | 108:3,7,16;109:5,9; | 90:11,15;91:3,18; | 11:23;63:21;65:12 | 20:14 | 21:7;23:10,18; | | 110:14;111:5,8,24; | 94:5,12,16;95:2,22; | certainty (1) | complete (2) | 29:15,21;45:5;55:10, | | 112:3,6,9,23;114:10, | 98:24;99:21,23,24; | 80:4 | 80:24;125:10 | 17;57:4,8;64:8,12; | | 17,20,24;115:2,10 | 102:11;104:18;105:9, | Certificate (7) | complicated (1) | 65:25;66:9;69:8,15, | | break (1) | 12,23,24;106:8; | 23:5,11;29:16; | 48:14 | 16;103:10 | | 115:23 | 107:15,22;108:8; | 39:21;55:3;65:15,25 | concludes (1) | corporate (21) | | brief (4) | 110:3,4;111:10; | certify (1) | 124:19 | 8:9;9:15;10:2; | | 15:3,4;60:6;63:11 briefly (1) | 117:7,11,18;118:6; 120:13;121:13;122:7, | 125:7 changed (2) | conclusion (1) 68:23 | 11:16;12:10,18; 13:18;14:2,8;19:21; | | 14:18 | 23;124:13 | 25:16;86:23 | conducted (3) | 20:7,17;33:11;34:21; | | British (4) | BVI's (19) | charge (21) | 26:5,9;87:5 | 35:5;39:19;41:20; | | 22:5;23:4;34:25; | 14:13;28:13;30:22; | 36:9;55:4,18,20; | confirm (1) | 53:16;77:24;78:15; | | 98:19 | 32:19;45:5;47:15; | 56:20,24;57:6,9;60:5, | 114:8 | 99:5 | | broader (1) | 48:9,15;50:19;54:14; | 16;64:3,25;65:16; | connection (18) | Corporation (23) | | 15:22 | 57:17;65:4;66:8,16; | 66:2,3;67:16;69:4,10, | 12:8;16:14;19:12; | 8:24;9:8;22:4,5,6, | | brokers (1) | 78:14;90:23;98:20; | 12,16;110:2 | 40:25;49:20;66:5; | 17;23:6;29:11;30:7; | | 42:19 | 116:11;123:15 | charges (1) | 91:19;93:9;104:23; | 31:9;44:22;76:8,12, | | | | | | | | business (20) | | 65:6 | 113:3;114:2;118:10; | 14,17,21;77:9,12; | | 14:7;26:4,8;29:9; | C | Chase (4) | 120:10,25;121:2,5,6; | 80:17,24,25;100:11; | | 34:21;35:4;42:7;46:6; | | 88:8;100:12;101:5, | 124:6 | 105:9 | | 55:23;56:6,16;57:14; | called (7) | 17 | Connolly (2) | corporations (2) | | 61:20;64:5;66:14; 69:22;86:22;87:4,8; | 8:1;13:10,12;26:21, 22;50:20;53:23 | check (1) 27:20 | 45:19;82:4 Consent (4) | 84:4;85:4 correctly (1) | | 112:11 | calling (1) | China (4) | 44:22;45:5,22; | 22:8 | | buy (5) | 65:22 | 31:22;88:19,21,25 | 46:11 | counsel (4) | | 15:7,18;24:18;25:6; | calls (2) | chose (1) | consider (2) | 7:20;74:20;104:22, | | 51:21 | 68:22;108:24 | 25:13 | 37:15;47:10 | 22 | | buying (1) | came (6) | City (1) | considers (1) | counsel's (2) | | 113:19 | 28:4,7;53:4;89:15; | 46:7 | 47:14 | 91:14,15 | | BVI (203) | 109:4;115:11 | clarification (3) | consistent (3) | County (3) | | 8:24;9:4,7,20;10:5, | can (41) | 13:4;43:10;92:12 | 57:16;85:14;108:11 | 7:9;123:24;125:5 | | 12;11:9,17;13:19; | 10:14,15,23;11:13; | clarify (1) | contained (1) | couple (3) | | 14:7,9,12,15;16:22; 17:5;19:19;21:4;23:4, | 13:23;14:24;16:17; 18:3;19:2;20:23;21:9; | 119:5 clarity (1) | 121:8 Cont'd (1) | 33:21,25;119:3 course (12) | | 12,19,20,24;24:6; | 23:2,7;24:24;25:19; | 28:19 | 3:1 | 29:3;33:6;55:22; | | 25:15;26:4,8,14,20, | 26:16,18;29:6,13; | clear (4) | contract (3) | 56:5,15;57:14;64:4, | | 24;27:4,7,14,15,17, | 34:5;41:19;42:3; | 43:17,21;48:17; | 26:16;50:2;87:11 | 17;66:13;69:22; | | 23;28:8;29:9,16;30:8, | 44:19,24;46:10; | 73:5 | contracts (3) | 109:6;118:4 | | 21;31:2,6,12;32:15, | 48:14;55:8;56:13; | Clerk (1) | 26:15,25;87:11 | court (6) | | 21;33:2,6,12,24;34:2, | 57:2;63:19,23;65:12, | 123:24 | control (4) | 6:17;7:8,17,24; | | 8,16;35:4,8,10,15,18; | 20;66:22;69:7;77:24; | client (1) | 94:16,20,25;117:6 | 60:11;63:12 | | 36:14,17,20,24;37:3, 7,11;38:2,8,21;39:2, | 78:15;84:25;91:11; | 93:19 colleague (1) | controlled (1) 52:23 | covenants (4) 109:14,15,18,25 | | 12,15;40:15,24;41:7, | 94:2;108:25 capacity (2) | 31:21 | controls (2) | cover (1) | | 10,16,23;42:9,16,22; | 43:24;46:24 | collection (2) | 52:25;54:10 | 101:15 | | 43:4,8,19,22,24;44:5, | Capital (14) | 19:21;20:6 | conversation (5) | covered (1) | | 10,15;45:21;46:14; 47:3,9,10,14,19,23; | 26:22;53:23;54:2,5, 11,15,19;66:4;67:22; | commemorate (1) 52:17 | 12:17;13:25;15:25; 16:9,12 | 11:10 create (1) |

**Min-U-Script® Ellen Grauer Court Reporting Co. LLC (2) books - create**

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 132 of 140

| 109:25 | 55:16;63:16;70:8; | 121:15,16,17,22; | Ellen (2) | 7:7 | |---------------------------------------------------------------------------|-------------------------------------------|--------------------------------|-----------------------|-----------------------------| | created (1) | 74:16,19;75:13; | 122:3,13,17;123:2,3, | 7:15,18 | even (1) | | 110:2 | 109:8;115:22;120:15; | 13,17;124:4,10,14 | else (11) | 95:2 | | currently (11) | 121:3;124:20;125:9 | documents (61) | 12:16,20;14:17; | evidencing (1) | | 14:15;34:11,12; | designated (1) | 19:21;20:2,3,7,14, | 16:23;24:4;31:11; | 109:8 | | | | | | | | 41:11;48:10,19;49:9, | 11:16 | 17;21:10;23:16;26:2; | 77:18,25;78:16; | exactly (4) | | 14,16;54:24;115:10 | DI (2) | 27:2;28:2,11;29:19; | 87:21,25 | 24:20;67:9;85:19; | | cut (1) | 91:10;93:19 | 30:15,23;31:17; | E-MAIL (2) | 116:14 | | 27:20 | different (2) | 32:16,18,22;38:13; | 3:9;36:24 | EXAMINATION (2) | | | 25:12;42:14 | 39:6,13,15,19,25; | employed (1) | 8:6;119:7 | | D | direct (9) | 41:21;42:16,22,22; | 19:9 | examined (1) | | | 19:25;20:19;29:6; | 43:23;44:17;45:3; | employees (3) | 8:3 | | DAN (2) | 44:19;58:15,16;80:7; | 47:21;56:4,14;57:24; | 36:18;96:16,19 | except (1) | | 3:14;7:14 | 84:23;105:5 | 63:17;65:5;85:23; | employer (2) | 6:9 | | Daniel (3) | director (23) | 86:13;95:13;97:5; | 42:25,25 | executed (1) | | 7:4;125:7,17 | 32:25;33:13,14,16, | 98:10,18,20,25;99:3, | encumbered (6) | 117:22 | | date (7) | 17,17,23,24;34:2,8, | 5;102:2;109:7; | 48:10;49:10,13; | Exhibit (47) | | 7:12;20:21,25;21:8; | 10,11,13,14;37:15; | 111:15;115:18;116:9, | 50:6;102:5,16 | 9:15,19;10:4,9,11, | | 59:16;61:18;71:16 | 44:22;45:6;46:12; | 20,25;119:19;120:10, | encumbrances (1) | 15,16,24,24;17:9; | | dated (9) | 66:17;67:12;80:16; | 13,16,22;121:2 | 102:14 | 20:6,13;44:20;55:3,7, | | 21:2;45:6;57:6; | 95:2;99:23 | dollar (4) | end (1) | 20;56:18,22;58:2,8; | | 59:14;66:2;69:10; | directors (10) | 30:2,3,8,13 | 64:18 | 65:15,18;69:2,5; | | 103:11;112:15,19 | 33:7,10;37:21,23; | done (1) | ended (3) | 74:15;75:12;80:6; | | dates (1) | 38:9;39:21;95:15,17; | 42:6 | 24:15;32:12;84:12 | 84:24;86:4;102:25; | | | 96:25;112:20 | doubt (1) | engaged (1) | 103:5;112:14,18; | | 53:10 | | | | | | day (7) | Director's (3) | 107:21 | 42:7 | 119:11,24;120:6,19, | | 21:3;33:17,21,24; | 20:21,25;21:8 | down (3) | England (1) | 20,23,24,25;121:14; | | 34:10;37:19;125:21 | disbursed (1) | 58:22,23;105:6 | 13:15 | 122:9,20,25;123:19, | | days (5) | 87:15 | during (5) | enough (1) | 22 | | 33:21,25;83:9; | disclose (1) | 13:25;29:3;32:19; | 101:14 | exhibits (5) | | 85:18;86:14 | 108:15 | 33:6;74:19 | enter (4) | 56:2,3,3;119:10,11 | | debt (1) | discuss (3) | duties (1) | 82:10,17,24;86:17 | exist (1) | | 27:19 | 12:8,20;13:16 | 19:11 | entered (10) | 46:5 | | December (2) | discussed (10) | | 26:14,19,20,24; | existence (5) | | 7:13;16:4 | 13:17;14:6,8,10,12, | E | 52:10;66:19;67:10, | 30:22;32:20;33:7; | | decision (3) | 14,18;16:18,19; | | 16;87:10;103:12 | 94:7,14 | | 51:23;52:6;54:14 | 102:22 | earlier (6) | enters (1) | expected (2) | | Declaration (1) | discussion (3) | 43:12;53:20;64:2; | 50:2 | 63:21;65:13 | | 102:25 | 14:22;15:3,5 | 67:21;75:13;102:22 | entirety (5) | experience (1) | | decreased (1) | discussions (8) | early (1) | 30:21;59:9;61:5; | 64:22 | | 115:3 | 11:25;67:14;70:3, | 111:22 | 94:7,13 | explained (1) | | deemed (2) | 12;72:13,20;73:3,13 | ECF (1) | Entities (12) | 58:18 | | 83:7,13 | dispute (1) | 75:8 | 3:4;8:9,12;19:23; | extended (1) | | | | | | | | defendant (1) | 91:25 | eCourt's (1) | 20:18;93:8,18,25; | 79:7 | | 58:11 | distinguishing (1) | 123:6 | 103:8;107:23;108:2, | extent (1) | | Defendant's (2) | 31:7 | effect (1) | 18 | 80:23 | | 58:2,8 | docket (2) | 6:16 | entitled (3) | extra (1) | | defined (3) | 121:20;122:14 | effective (7) | 20:21,24;44:21 | 74:18 | | 10:12;111:5;114:9 | Document (74) | 21:2;59:23;61:18; | entity (19) | | | defines (1) | 10:9;20:23,24; | 62:13;63:7;69:10; | 8:16,23;9:4;21:5; | F | | 105:8 | 22:12,18,20;23:2,14; | 85:12 | 26:21,22;27:8,12,13, | | | Department (1) | 29:14,18;44:21,24,25; | EIN (2) | 16;28:9;50:20;85:7; | facility (2) | | 85:4 | 45:13,15;55:8,9,19, | 42:25;117:25 | 93:8,13,16,23;113:19, | 54:4,6 | | depose (1) | 21;56:17;57:2,12; | either (7) | 22 | fact (4) | | 78:10 | 58:12;59:14;60:15; | 40:21,23;45:18; | ESQ (1) | 59:17;67:15;72:4; | | | | 73:15;82:3;92:18; | 3:7 | 117:6 | | | | | | | | | 64:3,8,12,14,17,18; | | | | | 90:6 | 65:20,24;66:9,10,12; | 111:10 | established (1) | false (5) | | | 69:20;84:25;85:2,10, | elaborate (1) | 59:21 | 60:9,12,20;61:8,12 | | 6:13;7:4,11;9:16, | 25;86:5;103:9; | 26:18 | estate (11) | familiar (1) | | 20;10:3,5,10,11,18, | 105:17;106:7;107:3, | elected (1) | 24:9,13,16,19,20, | 92:3 | | 25;11:5,15;12:13; | 6,12;109:8;114:22; | 38:4 | 25;42:19;83:6,12,15; | family (4) | | deposited (1) deposition (33) 13:17;16:15;29:4; 40:21;41:2,7,11; | 117:5,10,14,17,20,23; 118:3,4;120:4,5; | Elian (4) 33:14,16,23;37:19 | 84:16 et (1) | 15:20;31:24;84:16; 114:6 |

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 133 of 140

| far (2) | 78:18,25;82:18; | four (2) | 67:12,15;68:19,25; | 16:2,9,12;23:25; | |----------------------|-----------------------|------------------------|-----------------------|-----------------------| | 21:9;29:17 | 97:15,20;106:20,25; | 58:23;86:14 | 69:21;70:11,11,13,19, | 28:22;32:11,11; | | father (3) | 107:8 | front (2) | 20,22;71:2,6,6;72:14, | 34:14;36:11;37:5,13, | | 15:9;72:2;112:10 | focus (2) | 35:25;75:5 | 14;73:15,15;74:3,4; | 25;38:4,10,12,17,24; | | February (13) | 19:19;60:7 | full (1) | 76:9;77:13,13,23,23; | 39:23;40:20,23;41:8, | | 21:3;23:20;37:12, | follow (2) | 116:11 | 78:14,14;80:11,12,13, | 22;42:5;43:21;52:4; | | 24;45:6;66:2;85:12, | 91:13,15 | Fund (1) | 14,16,25;81:3,7,8,10, | 54:3;66:5;70:7;71:12, | | | | | | | | 24;86:7,9,10;87:5; | follows (1) | 7:7 | 11,11,18,19,19;82:8, | 20;72:5;78:24;79:10, | | 103:11 | 8:4 | funded (2) | 9,16,23;83:8,8,11,14, | 15,18,25;83:25;84:6, | | feel (1) | force (1) | 88:15;100:14 | 18,18;84:9,10,18,19, | 11,16,20;88:23;94:19, | | 20:3 | 6:16 | funding (1) | 19;85:5,7,10,17,18, | 24;95:25;96:4;99:17, | | fees (12) | form (113) | 32:12 | 23;86:8,9,16,16,22; | 24;100:6;103:20; | | 87:19;88:2;90:23; | 6:10;10:7;11:11; | FURTHER (5) | 87:4,10,14,24;88:4; | 104:2,5,11,14;112:4, | | 91:4,19;92:9;93:4,7, | 17:25;18:9;19:14; | 6:8,12;109:18; | 89:5,10,18,21;90:3,7, | 8,11;114:12;115:9; | | 13,17,24;100:16 | 21:15;23:8;24:22; | 118:24;124:16 | 11,11,15,15,22,23; | 117:6,18,20,24 | | felt (2) | 25:17,23;26:11;27:9; | future (1) | 91:3,4,18,18,23;92:5, | | | 84:7,20 | 30:9;31:3,13;34:3,18; | 49:20 | 22;93:4,14,17,24; | H | | few (3) | 39:4,10,17;40:16; | | 94:5,6,7,10,12,13,13, | | | 85:22;90:17;91:24 | 41:5,12,17,24;42:10; | G | 16,20,25;95:8,11,14, | hand (1) | | Fifth (1) | 44:7;46:2,8,15;47:5, | | 18,22;96:3,10,15,18, | 19:20 | | 97:11 | 17;48:5,11;49:3,11, | gave (1) | 21,24;97:7,14,18,22; | handed (8) | | file (2) | 22;50:7,15,21;51:14, | 51:21 | 98:5,9,17,18,20,24, | 9:24;55:6;56:22; | | 121:25;124:7 | 25;57:19;59:19;60:2, | generated (1) | 24;99:3,8,15,18,21, | 58:7;65:18;69:5; | | filed (10) | 13,21;61:10;62:2,17; | | 23,24,25;100:7,8,20; | | | | | 39:20 | | 74:18;112:17 | | 58:10;60:6;61:19; | 63:13;64:19;65:8; | Genever (416) | 101:2,6,16,20;102:5, | happened (1) | | 63:11,17;120:10; | 66:20;67:6,18;68:9, | 3:4,13;8:12,16,20, | 10,11,15;103:8; | 115:15 | | 121:18;122:2;123:5, | 15,21;69:17,23;70:15, | 21,24;9:4,7,7,17,20; | 104:18,18;105:9,12, | happens (1) | | 23 | 24;71:8;72:17;73:22; | 10:4,5,10,11;11:8,9, | 14,16,24;106:4,8,8, | 78:10 | | files (3) | 74:6,12;76:4,25; | 17,17;13:19,19;14:7, | 15,17,23;107:16,23, | head (2) | | 22:21;64:18;116:11 | 77:15;78:2,20;79:2, | 8,9,10,12,12,13,14,15, | 25;108:8,8,14,17; | 35:25;71:17 | | filing (3) | 22;81:13;82:8,12,20; | 16;15:15;16:20,21,22, | 111:10;113:12,15,20; | held (8) | | 6:6;122:14;123:6 | 83:2,21;86:11,19; | 25;17:4,8,14,16,18, | 116:10,11;117:6,11, | 7:11;14:15;47:19; | | filings (1) | 89:2,24;90:24;93:10; | 22,24;18:7,13,20,25; | 18,19,21,25;118:6,6, | 51:9;98:20;101:2,16; | | 121:6 | 95:4;96:5;97:3,9; | 19:6,9,13,19,23; | 11,16;120:13,13; | 110:3 | | Finance (1) | 98:11,21;99:10; | 20:18;21:4;22:6,16; | 121:10,13;122:5,7,18, | helpful (1) | | 112:13 | 100:2;101:7;102:7, | 23:6,11,19,24;24:6, | 23;123:11,15;124:8, | 12:5 | | find (2) | 19;104:8;107:5; | 10,16;25:15;26:4,6,8, | 13 | HEREBY (3) | | 36:2;123:2 | 108:23;111:12,18,25; | 9,14,19,24;27:4,7,14, | Genever's (3) | 6:3,6;125:7 | | fine (5) | 113:5;115:5;116:12, | 15,16;28:8,13;29:10, | 22:21;85:14;108:11 | herein (1) | | 8:18;9:5;28:25; | 21;117:8;118:7,17; | 16;30:7,7,21,22;31:2, | Gilmore (1) | 6:5 | | 29:5;43:16 | 120:18 | 6,12;32:15,19,21; | 7:18 | himself (3) | | firm (10) | formal (1) | 33:2,6,24;34:2,8,16; | given (1) | 71:23;104:19;112:6 | | 45:18;82:4;90:16, | 53:16 | 35:4,7,14,15;36:17, | 125:12 | hired (1) | | 20;91:5;92:6,13,14, | formalities (1) | 20,24;37:3,7,11;38:2, | glad (1) | 27:22 | | 16,21 | 13:18 | 8,21;39:2,12,15; | 118:20 | Ho (5) | | firms (1) | formation (13) | 40:15,24;41:7,10,16, | gladly (1) | 21:18,20;45:7; | | 92:18 | 14:6;25:6,9,16; | 23;42:8,16,22;43:4,6, | 78:12 | 112:21;114:12 | | firm's (1) | 28:14;41:21;42:12; | 8,18,19,22,24;44:5,6, | Golden (9) | Hodgson (8) | | 92:9 | 43:13,21;81:20; | 10,11,13,15,16,21; | 88:16,18,19,21,25; | 7:12;58:11;60:5,8, | | first (13) | 82:15;96:8;99:5 | 45:5,21;46:2,4,13,14, | 89:15,17;90:8;100:14 | 17;90:16,23;92:15 | | 13:4;22:10,11; | formed (27) | 25;47:3,4,8,9,10,10, | goods (1) | hold (12) | | 33:14,17,23;75:21; | 22:16;24:6,7;33:2; | 14,14,15,19,20,23,24; | 27:21 | 35:14;48:24;49:6; | | 80:10,18;103:16; | 37:12,24;39:20; | 48:3,4,9,15,19,20,23; | Grauer (2) | 83:19;84:10;100:9, | | 104:6;105:7;109:21 | 44:16;82:10,16;83:9, | 49:5,6,9,25;50:6,11, | 7:15,19 | 15,18;106:8,24; | | fit (2) | 19;84:3,10,15;85:17, | 13,19,23,25;51:3,4,9, | Great (1) | 107:11,16 | | | | | | | | 83:7,13 | 18,20,23;86:6,6,8,10, | 9,12,13,16,18,21,24; | 10:13 | holding (6) | | five (6) | 17;87:5;88:9;90:4 | 52:2;53:22;54:5,14, | Group (3) | 30:7;105:25; | | 10:17,21,25;11:5; | forming (3) | 25;55:10,21;56:5,14, | 88:19,21,25 | 106:18;107:7,21,25 | | 58:23;85:18 | 22:4;23:24;82:23 | 14;57:12,16,22;59:5, | guess (1) | Holdings (13) | | flip (2) | forms (1) | 6,7,17,22;61:4,15,24; | 43:20 | 8:13,21,24;9:8; | | 20:4;56:13 | 15:14 | 62:10,12;63:2,7,10, | Guo (71) | 22:6,16;23:6;29:10; | | floor (11) | foundation (1) | 10,25;64:4,7,11,16; | 11:18;12:23;13:6, | 44:21;80:16;85:5; | | 76:24;77:4,21; | 81:12 | 65:4;66:8,12,16; | 12,13,24;15:20,23; | 105:9,14 |

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 134 of 140

| Hong (6) | 42:8 | 12:12;42:5;63:22; | 10:16,24;80:22 | little (1) | |----------------------|-----------------------|--------------------------------------------|------------------------------|--------------------------------| | 35:21;36:15;40:6; | interest (21) | 66:7,8;89:21;113:9; | later (1) | 48:14 | | 88:19,22,25 | 73:20;74:10;75:15, | 115:8;118:20 | 53:21 | lived (2) | | Hotel (13) | 22,25;76:7,8,11,13, | known (3) | Law (4) | 78:24;79:4 | | 14:20;24:14;77:21; | 17,20,23;77:6,11,20; | 22:6;60:17;110:18 | 58:3,9;92:6,9 | lives (2) | | 78:18;79:9,18;83:16; | 78:6,17;83:19;84:11; | knows (1) | LAWALL (1) | 31:22;97:19 | | 86:18;87:12;90:9; | 88:24;115:2 | 65:12 | 3:3 | LLC (6) | | 91:24;98:7;100:24 | interests (1) | Kong (6) | laws (1) | 3:3;8:13,21;85:5; | | hundred (1) | 95:11 | 35:22;36:15;40:7; | 22:4 | 94:10;105:15 | | 51:7 | into (17) | 88:19,22,25 | lawsuit (10) | LLP (1) | | | 26:14,19,20,24; | Kwok (100) | 67:17;68:8;90:12; | 58:11 | | I | 50:2;52:10;66:19; | 11:18;12:7,8,17; | 91:19;92:8,23;93:9, | loan (6) | | | 67:11,16;82:10,17,24; | 14:13;15:21;19:24; | 14,18,25 | 51:17,20;54:4,6,7; | | idea (4) | 86:17;87:11;89:18; | 21:18,20,22;22:13,16; | lawyer (2) | 66:5 | | 71:18,24;72:3;84:6 | 90:7;103:12 | 23:23;28:14,15,16,21, | 45:18;78:10 | located (1) | | identification (11) | invest (5) | 22;29:22;30:13,18,20, | lawyers (1) | 13:13 | | 9:18,21;20:8;42:25; | 24:25;54:8;83:6,12; | 25;31:15,19,24; | 64:22 | long (3) | | | | | | | | 55:5;56:21;58:6; | 84:17 invested (1) | 32:25;33:8,18;34:2,7; 37:17;38:6,16,20; | leading (2) 119:22;123:25 | 33:19;64:13;65:14 look (18) | | 65:17;69:4;103:3; | | | | | | 112:16 | 83:14 | 40:20,23;41:15;45:8, | lease (4) | 10:14,16,23;19:25; | | identified (1) | investment (1) | 9;48:24;52:5;54:13; | 68:14,19;77:3; | 20:4;22:24;43:15; | | 119:14 | 40:12 | 59:2,4,10;66:18;67:2, | 108:16 | 59:13;75:20;80:18, | | identify (13) | investments (1) | 3,11;70:14;71:12; | leases (1) | 22;81:22;86:3; | | 20:23;23:2,7;29:13; | 54:9 | 72:6,16;73:19,25; | 76:9 | 103:14;105:22; | | 44:24;55:8;57:2; | involved (8) | 75:15,24;76:6,19; | left (2) | 109:24;110:17;114:7 | | 65:20;69:7;77:25; | 23:23;42:12,13; | 77:11,19,19;78:19,23; | 74:21;104:2 | looked (2) | | 78:16;84:25;100:21 | 43:13,13,21;52:5; | 84:12,17;88:24; | left-hand (1) | 25:12;85:22 | | inaccurate (3) | 54:13 | 91:17,23;92:5,23; | 103:15 | looking (7) | | 22:21;83:24;114:22 | involves (1) | 93:13,17,24;94:16,20, | Legal (13) | 15:2,6,17;54:3; | | Inc (1) | 102:11 | 25;97:19;99:12,14,16, | 7:15,19;63:17; | 85:25;119:18,24 | | 112:22 | Island (1) | 22;102:10;104:17,18; | 68:22;90:23;91:4,18; | looks (2) | | include (1) | 23:4 | 108:14;109:22;111:7, | 92:9;93:4,7,13,17,24 | 85:2;103:24 | | 59:7 | Islands (3) | 22;112:5,21;113:3,16, | legally (1) | lost (1) | | incorporated (3) | 22:5;34:25;98:19 | 18;114:5,11,17; | 114:10 | 115:12 | | 23:20;29:9;85:11 | | 115:12;119:15 | lend (1) | lot (2) | | Incorporation (2) | J | KWOK143 (2) | 32:7 | 15:10;116:7 | | 23:5,11 | | 20:7,16 | lent (3) | LP (1) | | increased (1) | January (1) | KWOK145 (1) | 31:22;32:6,9 | 7:7 | | 115:2 | 112:3 | 22:25 | Letter (4) | Luck (26) | | incurred (1) | Jersey (1) | KWOK147 (1) | 112:14,18;114:4,18 | 28:7;32:9,13;73:18; | | 27:19 | 3:6 | 29:8 | liability (6) | 102:10;103:7;104:15; | | Index (1) | JPMorgan (2) | KWOK176 (1) | 46:18,21;74:11; | 108:3,7,16;109:5,9; | | 7:9 | 100:12;101:5 | 20:22 | 75:16,23;76:3 | 110:14;111:6,9,24; | | indicated (2) | Judge (1) | KWOK193 (3) | lien (2) | 112:4,7,9,23;114:10, | | 12:15;117:23 | 49:24 | 44:20,23;80:8 | 49:16;110:2 | 17,20,25;115:2,10 | | indicates (1) | jump (1) | KWOK194 (1) | Limited (12) | | | 117:10 | 58:22 | 20:16 | 26:22;46:18,21; | M | | indicating (1) | June (1) | Kwok's (26) | 74:11;75:16,22;76:2; | | | 49:25 | 69:10 | 12:24;13:7;15:24; | 88:20,22,25;104:15; | MACOM (2) | | individuals (2) | Justice (4) | 21:14;22:21;24:2; | 112:23 | 3:14;7:14 | | 11:25;40:14 | 50:5;102:4,13,17 | 28:23;30:6;31:21; | line (1) | Madison (1) | | information (1) | | 32:11;70:23;71:7; | 21:19 | 3:5 | | 118:15 | K | 73:13;74:9,15,19; | lines (1) | Magnanini (2) | | Initially (4) | | 75:12,21;76:11; | 58:23 | 93:2,7 | | 24:7;33:20;71:22; | keep (1) | 83:19,25;103:24; | listed (1) | Magnanini's (1) | | 83:25 | 36:7 | 104:3,6;114:25; | 12:12 | 93:4 | | inquiry (1) | kept (1) | 119:20 | listen (1) | mail (1) | | 85:5 | 36:15 | | 62:20 | 99:6 | | instruct (2) | kinds (1) | L | litigation (12) | mailing (8) | | 91:6;93:19 | 54:9 | | 117:14;118:10; | 34:24;35:7,8,16,16; | | instruction (2) | knew (4) | landed (1) | 119:21;120:11;121:7, | 36:6,14;97:21 | | 91:14,16 | 60:9;66:18;109:4,9 | 103:4 | 18,19,25;122:2;123:8, | maintain (1) | | interaction (1) | knowledge (9) | last (3) | 24;124:6 | 39:16 |

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 135 of 140

| maintained (14) | | | | | |----------------------------------------|-----------------------------------------|---------------------------------------------|------------------------|-----------------------------------| | | 84:17,18;94:12; | 18,25;113:5,14,21; | 22,24;18:7,13,21,25; | oath (2) | | 39:25;40:7;56:15; | 95:20,22 | 115:5,13,16,20; | 19:6,9,13;24:11;26:6, | 6:15;125:9 | | 57:13;64:3,16;69:21; | members (1) | 116:12,21;117:8; | 9;43:7,19;44:6,11,13, | Object (107) | | 98:14,19,25;105:3; | 94:11 | 118:7,17;119:2,8; | 16;46:2,4,6,6,13;47:4, | 10:7;11:11;17:25; | | 121:10;122:4,18 | membership (1) | 120:6;124:16 | 8,11,14,20,24;48:4, | 18:9;19:14;21:15; | | maintaining (1) | 95:11 | Mitchell's (2) | 20;49:6,9;50:2,6,25; | 23:8;24:22;25:17,23; | | 36:9 | Memorandum (3) | 90:20;91:4 | 51:9,10;56:14;63:11; | 26:11;27:9;30:9;31:3, | | maintains (3) | 58:3,8;122:9 | Monday (1) | 68:19;71:6;72:14; | 13;34:3,18;39:4,10, | | | | | | | | 16:20;35:22;66:13 | mentioned (3) | 16:3 | 73:15;74:4;76:10; | 17;40:16;41:4,12,17, | | maintenance (9) | 20:14;37:5;50:18 | money (24) | 77:13,23;78:14; | 24;42:10;44:7;46:8, | | 87:19;88:2;89:11; | mentioning (1) | 27:7,15,19,21;28:4, | 80:12,14;81:3,8,11, | 15;47:5,17;48:5,11; | | 90:9;91:25;100:15, | 28:20 | 9;30:18;31:22;32:6,8, | 11,19,19;82:8,9,16, | 49:3,11,22;50:7,15, | | 19,23;101:13 | mentions (1) | 9;42:7;87:15,24; | 24;83:8,11,14,18; | 21;51:14,25;57:19; | | management (1) | 45:15 | 88:11,16;89:14,18; | 84:10,19;85:3,7,11, | 59:19;60:2,13,21; | | 14:11 | Michael (2) | 90:6,8;100:15,18; | 11,17;86:9,16,23; | 61:10;62:17;63:13; | | March (11) | 81:23;82:2 | 101:4;109:4 | 87:4,10,14,24;88:4, | 64:19;65:8;66:20; | | 57:6,18,22;59:23; | mid (1) | month (1) | 17,18;89:5,10,16,18, | 67:6;68:9,15,21; | | 61:18;62:13;63:8; | 71:25 | 101:15 | 18,21;90:3,7,11,15, | 69:17,23;70:15,24; | | 112:15,19;114:16; | middle (1) | monthly (1) | 22;91:4,18,23;92:5; | 71:8;72:17;73:22; | | 115:3 | 29:11 | 101:13 | 93:4;94:6,7,10,13,14, | 74:6,12;76:4,25; | | marked (11) | might (2) | more (5) | 20;95:8,11,14,18; | 77:15;78:2,20;79:2, | | 9:17,20,25;20:8; | 43:6;97:25 | 19:3;20:5;26:16; | 96:3,10,15,18,21,24; | 22;81:13;82:12,20; | | | | | | | | 55:4;56:20;58:5; | Miles (6) | 42:3;101:12 | 97:7,14,18,22;98:5,9, | 83:2,21;86:11,19; | | 65:16;69:4;103:2; | 11:18;21:22;28:16, | Morristown (1) | 17,18;99:3,8,15,18, | 89:2,24;90:24;93:10; | | 112:15 | 22;77:19;78:19 | 3:6 | 25;100:7,8,14,20; | 95:4;96:5;97:3,9; | | marking (2) | million (1) | mortgage (1) | 101:2,6,16,20;102:5, | 98:11,21;99:10; | | 20:9,11 | 101:12 | 110:2 | 10,15;104:18;105:16; | 100:2;101:7;102:7, | | marks (1) | minutes (2) | MOSS (34) | 106:4,8,15,17,23; | 19;104:8;107:5; | | 74:25 | 74:21;85:22 | 8:7;12:4,6;13:5; | 107:16;108:7,8,14; | 108:23;111:12,18,25; | | math (1) | missing (2) | 20:11;43:9;56:12; | 113:12,15,20;116:10; | 113:5;115:5;116:12, | | 30:11 | 116:25;117:4 | 62:8;65:23;73:7; | 117:19,21;118:2,6; | 21;117:8;118:7,17 | | matter (1) | mistaken (1) | 74:17;75:4;78:9; | 120:13;121:7,11; | Objection (12) | | 7:6 | 59:23 | 79:23;81:16;91:8; | 122:5,19;123:11,23; | 62:2,24;63:4;67:18; | | may (26) | MITCHELL (141) | 92:19;93:21;113:12, | 124:8 | 78:8;113:10;115:13, | | 6:13;37:10,13,24; | 3:3,7;10:7;11:11, | 18,23;115:23;116:6, | next (2) | 16,20;119:22;120:18; | | 38:5,15;53:7;55:12; | 20;13:3;17:25;18:9; | 17;118:22,24;119:6, | 29:7;104:6 | 123:25 | | 57:6;59:5,14;60:12, | 19:14;20:9;21:15; | 22;120:5,8,18,21; | nobody (1) | objections (1) | | 23;61:5,15,22,25; | 23:8;24:22;25:17,23; | 123:25;124:17 | | | | | | | | | | | | | 31:11 | 6:9 | | 62:11;63:3;75:7,8,9; | 26:11;27:9;30:9;31:3, | most (1) | Notary (2) | obtain (2) | | 100:6;110:20;120:9; | 13;32:3;34:3,18;39:4, | 101:4 | 8:2;125:25 | 46:5;54:3 | | 121:24 | 10,17;40:10,16;41:4, | Motion (2) | note (2) | obtained (2) | | Maybe (2) | 12,17,24;42:10;43:3; | 58:4,9 | 113:10;119:13 | 111:17;118:14 | | 11:20;72:4 | 44:7;46:8,15;47:5,17; | much (3) | noted (1) | O'Connor (3) | | mean (17) | 48:5,11;49:3,11,22; | 14:3,4;64:23 | 124:23 | 81:24;82:2,8 | | 8:19;9:7;18:4;19:2, | 50:7,15,21;51:14,25; | | notice (15) | off (21) | | 7;34:20;42:3;49:13; | 52:12;56:7;57:19; | N | 9:16,19;10:3,4,10, | 35:24;53:5,9,13,22; | | 61:12,14;73:2;79:4,6; | 59:19;60:2,13,21,24; | | 11;12:13;50:4;56:18, | 54:20;57:18;67:22; | | | | | | | | 92:16;99:12;104:10; | 61:10;62:2,17,24; | name (4) | 23;57:5;65:11;69:2,9; | 68:3,5,7,12;70:4,6,9; | | 120:22 | 63:4,13;64:19;65:8, | 7:14;13:4;92:13,21 | 113:8 | 71:16;74:22;115:24, | | meaning (1) | 21;66:20;67:6,18; | nature (1) | noticed (1) | 25;119:3;124:20 | | 40:12 | 68:9,15,21;69:17,23; | 63:18 | 13:18 | office (10) | | meant (1) | 70:15,24;71:8;72:17, | necessary (2) | notices (2) | 16:21;34:21,21; | | 90:8 | 23;73:8,22;74:6,12; | 46:4;80:23 | 11:15;63:16 | 35:2,3,5;36:4,7;40:2,8 | | meeting (5) | 76:4,25;77:15;78:2,7, | need (2) | Number (19) | officer (3) | | 39:3,12;42:6;53:15; | 11,20;79:2,22;81:13; | 14:4;20:3 | 7:10;10:2;36:21,22; | 6:14;37:16;38:20 | | 97:2 | 82:12,20;83:2,21; | needed (1) | 43:2;58:19;75:2; | officers (6) | | meetings (2) | 86:11,19;89:2,24; | 27:19 | 96:22;105:7,23; | 37:3,11;38:2,9,10, | | 15:8,10 | 90:24;91:6,10;92:11; | New (191) | 106:14;107:20; | 24 | | Melissa (1) | 93:10,19;94:2;95:4; | 3:6;7:8,9;8:16,20; | 119:10,15,15;121:20; | offices (5) | | 7:18 | 96:5;97:3,9;98:11,21; | 9:17;10:4,10;11:8,17; | 122:14;123:2,20 | 7:12;34:17,20; | | member (13) | 99:10;100:2;101:7; | 13:19;14:8,10,12,14, | | 96:11,13 | | 31:24;44:10;80:11, 13;81:3,7,10,18; | 102:7,19;104:8; 107:5;108:23;111:12, | 16,20;15:8,16;16:21, 21;17:2,8,14,16,18, | O | official (4) 17:21;18:20;19:5; |

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 136 of 140

**DANIEL PODHASKIE December 11, 2019**

| 52:17 | 19;78:6,13,16; | 64:22;78:12;93:8; | 7:5;8:8;9:1,15,19, | 55:16;70:8;109:7 | |-----------------------|----------------------|-----------------------|-----------------------|------------------------| | once (2) | 101:18;112:9;114:19; | 99:7 | 24,25;10:1,2;11:1,22; | prepared (5) | | 82:9,16 | 115:2 | percent (9) | 12:1;13:1;14:1;15:1; | 10:20;11:4;17:7,11; | | one (27) | owning (2) | 51:5,8;112:6,9; | 16:1;17:1;18:1;19:1, | 114:19 | | 8:12;11:14;14:6,6; | 26:9;72:2 | 114:11,12,17;115:10, | 20;20:1,6,10,13;21:1; | preparing (1) | | 19:22,23;25:6,9;30:8; | owns (13) | 12 | 22:1,24;23:1;24:1; | 12:9 | | 40:21;47:4,15;58:22; | 26:6,6;31:11;40:6; | period (2) | 25:1;26:1;27:1;28:1; | PRESENT (3) | | 83:4;86:21;92:18; | 52:25;54:10;74:3,4; | 33:20;38:18 | 29:1,7;30:1;31:1; | 3:12;16:8,11 | | 93:7;94:2;106:12; | 77:11;87:6;88:18,21; | periods (1) | 32:1;33:1;34:1;35:1; | president (16) | | 107:2,3,10,13,16,18; | 100:10 | 79:7 | 36:1;37:1;38:1;39:1; | 15:11,12;34:15; | | 119:10;120:9 | | permit (1) | 40:1;41:1;42:1;43:1; | 37:8,9,13,25;38:5,10, | | only (5) | P | 46:4 | 44:1,20;45:1;46:1; | 12,16,18;39:23;43:23, | | 33:17;34:12,14; | | person (17) | 47:1;48:1;49:1;50:1; | 25;117:11 | | 56:10;73:2 | Pacific (3) | 13:2;27:8,11,13,16; | 51:1;52:1;53:1;54:1; | previous (1) | | oOo (1) | 7:6;67:17;68:8 | 28:9;45:21;46:2;93:7, | 55:1,3,6;56:1,18,23; | 114:10 | | 6:19 | page (21) | 12,16,23;95:20,24; | 57:1;58:1,2,7;59:1; | previously (1) | | Opportunity (1) | 10:16,24;11:2; | 100:7;117:21,24 | 60:1;61:1,8;62:1; | 10:12 | | 7:7 | 20:20,20;22:25;29:7; | personal (1) | 63:1;64:1;65:1,15,19; | primary (3) | | Opposition (2) | 44:20;58:16,19;80:8; | 46:23 | 66:1;67:1;68:1;69:1, | 79:5,10,19 | | 58:3,9 | 84:23;103:17,25; | personnel (2) | 2,6;70:1;71:1;72:1; | printout (1) | | order (8) | 104:5;109:16,21; | 14:10;17:8 | 73:1;74:1;75:1,5; | 85:3 | | 20:15;49:24;50:5; | 110:17;114:7,8,10 | persons (1) | 76:1;77:1;78:1;79:1; | prior (8) | | 58:4,10;102:4,13,18 | pages (1) | 96:3 | 80:1,7;81:1;82:1; | 61:6;89:22;92:23; | | ordinary (8) | 120:23 | PHONE (5) | 83:1;84:1;85:1;86:1; | 110:5,10;111:8; | | 55:22;56:5,15; | paid (6) | 3:8;13:2;36:20,22; | 87:1;88:1;89:1;90:1; | 120:3;124:3 | | 57:13;64:4,17;66:13; | 27:7,15,23;30:17; | 96:21 | 91:1;92:1;93:1;94:1; | privilege (3) | | 69:21 | 92:9;93:7 | Ping (1) | 95:1;96:1;97:1;98:1; | 12:3;91:7,11 | | organization (1) | par (1) | 75:6 | 99:1;100:1;101:1; | privileged (1) | | 14:11 | 29:24 | plaintiff (1) | 102:1,25;103:1,4; | 91:9 | | Ostrager (1) | paragraph (5) | 7:5 | 104:1;105:1;106:1; | Probably (1) | | 49:25 | 22:10;58:17;75:20; | Plaintiff's (2) | 107:1;108:1;109:1; | 67:2 | | Ostrager's (4) | 80:10,23 | 58:4,9 | 110:1;111:1;112:1, | proceeding (2) | | 50:5;102:4,13,18 | paraphrasing (1) | plan (5) | 14,17;113:1;114:1; | 123:5,7 | | out (2) | 116:16 | 25:5,8,11;82:15; | 115:1;116:1,7;117:1; | process (4) | | 74:18;100:22 | part (1) | 110:21 | 118:1,25;119:1,4,9, | 35:9,17;36:13;98:2 | | outside (6) | 97:15 | please (12) | 11,18,24;120:1; | produced (4) | | 12:2;63:14;65:10; | particular (2) | 7:24;10:14,15,23; | 121:1;122:1;123:1; | 19:22;22:20; | | 113:7;115:7;118:18 | 15:23;84:22 | 16:18;22:24;29:7,13; | 124:1;125:7,17 | 117:14;119:20 | | over (1) | parties (8) | 45:2;52:14;57:3;69:7 | point (3) | promised (1) | | 86:23 | 6:5;90:12;104:23; | pledge (32) | 50:10;54:20;67:22 | 49:19 | | own (8) | 105:8;110:19,19,23, | 26:20,23;51:17,19, | positive (1) | properties (2) | | 24:7;32:14,20;51:4, | 25 | 23;52:9,17;53:4,9,12, | 82:6 | 25:13;42:14 | | 8;73:25;84:15;95:10 | party (1) | 21;54:4,14,17,19,24; | possess (2) | property (5) | | owned (7) | 59:10 | 55:10;57:17;59:22; | 98:9;99:4 | 75:23;76:9;106:18; | | 32:10;52:21;59:10; | past (2) | 61:17;62:12;63:6; | possible (1) | 107:7;110:20 | | 111:24;112:4;114:11, | 16:3;102:17 | 64:25;66:3,9,19; | 49:20 | proprietary (3) | | 17 | Paul (3) | 67:10,16,22;70:4,9; | Potentially (1) | 68:13,19;77:3 | | owner (27) | 45:19;82:4,5 | 102:21 | 91:10 | provide (1) | | 29:23;30:25;44:5; | PAX (1) | pledged (21) | Pre-Judgment (2) | 50:4 | | 72:3,5;84:5,7,12,19, | 50:4 | 48:10,15,16;49:14; | 58:5,10 | provided (2) | | 21;108:2,3,6,7,17,22; | pay (11) | 50:12,19,23,25;51:4, | preparation (30) | 116:20;119:9 | | 109:10,18;110:5,11, | 27:19;28:5;30:13; | 13;53:22,25;57:23; | 12:18,21;16:14; | provides (1) | | 14,18,20;111:5,8; | 89:10;90:8;93:13,16, | 59:8,17;61:4,16,23, | 21:11;23:17;26:3; | 29:22 | | 112:6;115:10 | 23;100:15,19,23 | 25;62:11;63:3 | 27:3;28:3,11;29:20; | providing (2) | | owners (1) | paying (4) | pledges (7) | 30:24;32:17,23; | 117:18;118:5 | | 31:8 | 90:22;91:3,18;93:3 | 67:4;68:18;72:21; | 38:14;39:14;45:4; | Public (3) | | ownership (34) | payments (2) | 73:3,9,14;110:9 | 47:22;48:2,8;52:20; | 8:3;85:4;125:25 | | 14:9;32:18;46:17, | 88:12;100:22 | pledging (3) | 53:19;57:10,25; | publicly (4) | | 21;59:7;70:13,22; | pays (1) | 51:7,8;111:9 | 95:13;97:6;109:13; | 60:5,16;65:2,7 | | 71:6,11,13;72:13; | 91:8 | pm (7) | 111:20;115:21; | purchase (19) | | 73:12,20;74:3,10; | pending (1) | 9:23;74:23;75:3; | 120:15;121:9 | 14:19;15:15;24:8; | | 75:15,21,25;76:6,7, | 67:17 | 116:2,5;124:21,23 | prepare (6) | 25:3,4,7,9;31:23;32:6, | | 11,13,16,20,23;77:5, | people (4) | Podhaskie (157) | 11:7;13:25;16:6; | 12;42:13,18,20; |

**Min-U-Script® Ellen Grauer Court Reporting Co. LLC (7) once - purchase**

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 137 of 140

| 43:14;71:23;82:10, | 68:2,6;114:21; | 11:24;67:15;112:20 | 15:18 | 40:2;78:4,12 | |-----------------------|-----------------------|-----------------------|-----------------------|-----------------------| | | | | | | | 17;84:2;96:9 | 116:24;117:3 | register (2) | Resolution (9) | Roscalitar (30) | | purchased (1) | recall (27) | 39:21;99:6 | 20:22,25;21:9; | 26:21;50:20,24; | | 24:16 | 14:21;18:15;43:23, | registered (15) | 39:22;52:16;53:16; | 51:5,13,24;52:18,21; | | purchasing (1) | 25;67:3,9;71:16; | 27:22;28:5;33:12; | 80:19;81:22,23 | 53:2,5,12,21;55:11; | | 42:15 | 75:14,18;85:19; | 35:8,17;36:13,23; | resolutions (1) | 57:17,23;59:9,18,22; | | purpose (21) | 117:22;118:13;121:6, | 56:19,24;57:5;65:5; | 96:8 | 61:5,16,25;62:11,13; | | 14:7;25:15,16; | 22;122:3,6,8,17; | 69:3,9;97:25;98:5 | Resolved (1) | 63:3,6;64:25;73:10; | | 41:10;82:23;86:22; | 123:12,14,16,18; | Registration (4) | 80:19 | 102:22;110:10; | | | | | | | | 100:14,17;105:19,23, | 124:3,9,11,13,15 | 55:4,18;65:16,25 | respect (4) | 111:10 | | 25;106:8,14,17,18,23, | receive (2) | related (1) | 20:17;77:21;78:18; | Russ (8) | | 24;107:4,7,12,15 | 64:11,14 | 77:5 | 95:8 | 7:12;58:11;60:5,8, | | purposes (14) | received (3) | relates (3) | respective (1) | 17;90:16,23;92:15 | | 25:21;28:19;83:4,5, | 28:8;64:2,8 | 12:17;21:4;76:23 | 6:5 | | | 12;86:21,25;106:12; | receives (2) | relating (8) | respectively (1) | S | | 107:2,4,10,13,17,19 | 88:16;99:6 | 43:18;65:6;81:23; | 114:13 | | | Pursuant (2) | Recess (2) | 82:18;91:25;103:7; | responsibility (1) | same (18) | | 56:20,25 | 74:24;116:3 | 115:18;118:15 | 19:12 | 6:6,16;16:22;55:25; | | put (3) | recollection (3) | relation (1) | restructured (1) | 62:4;83:10;85:20; | | 55:12;89:18;118:15 | 13:24;85:21;120:4 | 119:20 | 70:22 | 92:6,16,17;93:12,16, | | | | | | | | | record (23) | relationship (1) | retained (2) | 23;103:25;115:3,13, | | Q | 7:22;9:23;11:21; | 14:13 | 55:22;56:4 | 16,20 | | | 18:11;28:20;43:17; | Release (7) | review (28) | Sanft (3) | | Qiang (64) | 56:8;72:24;73:4; | 56:19,24;57:5;60:4, | 10:9;20:24;22:12; | 45:15;80:19;82:7 | | 11:18;12:23,25; | 74:22;75:3;78:11; | 16;69:3,9 | 44:25;53:10;55:9,19; | S-A-N-F-T (1) | | 13:4,12,13,24;15:23; | 80:15;92:12;113:11; | released (3) | 56:17;60:15;63:11; | 45:16 | | 16:2,9,12;23:25; | 115:24;116:2,5; | 61:17;62:13;63:7 | 65:24;66:10;85:2; | SARNOFF (2) | | 28:22;32:11,11; | 119:3,5;124:21; | remember (5) | 86:5;103:9;109:7; | 86:4;124:18 | | 34:14;36:11;37:5,13, | 125:11,12 | 13:20;14:17,24; | 116:9;117:2;118:5; | Satisfaction (10) | | 25;38:4,10,12,17,24; | records (17) | 15:4;117:23 | 120:12;121:16; | 56:19,24;57:5,9; | | 39:23;40:20,23;41:8, | 11:16;35:22,25; | removed (1) | 122:13;123:3,11,15; | 64:3,25;69:3,9,11,16 | | 22;42:5;43:21;52:4; | 36:8,10,15;40:7; | 59:22 | 124:6,8,12 | satisfied (1) | | | | | | | | 54:3;70:7;71:12,20; | 61:19;120:17;121:8, | replaced (1) | reviewed (31) | 67:23 | | 72:5;78:24;79:15,25; | 10;122:4,18;123:12, | 33:18 | 11:14,16;21:11; | saw (2) | | 83:25;84:7,16,21; | 16;124:9,13 | reporter (2) | 23:17;28:11;29:20; | 121:5,6 | | 88:23;94:19,24; | refer (4) | 7:17,24 | 30:15,23;31:17; | saying (2) | | 95:25;96:4;99:17,24; | 8:15;9:3;28:21; | representation (1) | 32:17,22;33:5;38:13; | 107:11;116:8 | | 100:6;103:20;104:14; | 61:6 | 61:3 | 39:6,14;44:17;45:3; | scope (5) | | 112:4,8,12;114:12; | referenced (1) | representative (9) | 47:21,25;48:7;52:19; | 63:15;65:11;113:8; | | 115:9;117:6,18,20,24 | 96:8 | 8:9;9:16;10:3; | 53:18;57:10,24; | 115:7;118:19 | | Qiang's (7) | references (1) | 12:10,19;14:2;46:24; | 95:13;97:5;102:3; | sealing (1) | | 66:5;79:10,18; | 107:8 | 77:24;78:15 | 116:18;121:2,9,25 | 6:5 | | 84:11;104:2,5,11 | referencing (1) | representatives (1) | reviewing (3) | second (1) | | | 117:5 | 42:17 | 42:14;43:20;120:15 | 114:7 | | R | referred (2) | represented (5) | right (39) | secretarial (2) | | | 105:16;120:14 | 90:16,19;92:6,22; | 8:13;17:8,9;22:14; | 27:23;28:6 | | rather (1) | referring (16) | 104:23 | 29:4;30:8;53:8;61:16; | secretary (1) | | | | | | | | 119:11 | 8:20;15:19;18:21; | representing (3) | 62:16;64:5;67:5,12; | 33:11 | | read (2) | 27:12;28:16,21,22,23; | 113:2;114:2,5 | 70:4;77:9,14;83:9; | Section (7) | | 22:8;125:8 | 42:23;60:25;76:15; | request (9) | 85:8,15;86:10;90:17; | 23:5;56:20,25; | | reading (1) | 85:7;103:7;105:12, | 42:24;71:4,10,15, | 97:2;104:3,15,19; | 105:6;109:15,17; | | 22:9 | 15;123:8 | 19,21;72:7,9;73:11 | 105:12,17,20;106:5,9, | 110:18 | | reads (1) | refers (3) | require (1) | 15,21,25;107:4,12,17, | security (2) | | 75:21 | 80:11,25;85:10 | 110:10 | 18,23;108:9;110:12 | 51:20;54:6 | | real (13) | reflected (10) | reserved (1) | right-hand (1) | seeing (12) | | 24:9,13,16,18,20, | 25:25;30:16;32:18, | 6:10 | 103:21 | 43:23;72:5;117:23; | | 25;42:19;75:23;76:9; | 24;39:7,13;61:22; | resided (1) | role (20) | 120:4;121:22;122:3, | | 83:6,12,15;84:15 | 95:12;97:4;102:2 | 79:6 | 16:25;17:4,14,16, | 17;123:12,16;124:4,9, | | really (3) | reflects (3) | residence (12) | 18,21,23;18:5,7,12, | 13 | | 42:2;56:10;101:11 | 18:11;22:18;114:18 | 14:19;15:7,15;26:7; | 20,25;19:2,5,8;37:7; | sell (1) | | reason (11) | refresh (1) | 50:3;51:22;72:2;79:5, | 38:21;95:7;113:25; | 50:3 | | | 85:21 | 10,19;102:12;106:25 | 118:5 | sense (1) | | 9:11;21:24;22:19; | | | | | | 23:13;45:11;64:10; | regarding (3) | residences (1) | room (3) | 101:10 |

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 138 of 140

**DANIEL PODHASKIE December 11, 2019**

| sentence (4) 22:11;58:25;75:21; | 33:20 showing (1) | | |------------------------------------------|----------------------|--| | 80:22 | 85:23 | | | sequential (1) | shown (1) | | | 20:15 | 56:2 | | | service (4) | shows (1) | | | 35:9,17;36:13;98:2 | 85:6 | | | services (3) | side (2) | | | 27:21,23;28:6 | 103:15,21 | | | set (2) | signature (9) | | | 116:11;120:23 | 21:13,14,19,25; | | | several (5) | 45:7;103:15,22; | | | 25:9,12;43:23; | 104:2,6 | | | 78:12;106:19 | signatures (1) | | | shall (1) | 104:11 | | | 6:10 | signed (12) | | | share (4) | 6:14,16;15:14; | | | 29:16;30:7;39:20; | 42:15,21,24;43:24; | | | 78:13 | 104:14,17;117:25; | | | shareholder (12) | 118:9;125:20 | | | 28:14;30:21;31:5, | signing (1) | | | 18;59:4;66:18;67:11; 94:6;95:3;99:23; | 41:20 sit (1) | | | 112:22;113:4 | 44:2 | | | shareholders (3) | sitting (2) | | | 31:8;39:22;94:11 | 77:25;78:4 | | | shares (30) | situated (2) | | | 29:23,23;30:14,18; | 106:19;107:8 | | | 32:15,20;48:21,22,25; | six (2) | | | 50:24,25;51:3,4,5,8, | 58:23;62:5 | | | 13,17,19,24;53:22,25; | sleep (1) | | | 54:5,14;76:13;77:12, | 80:4 | | | 20;78:17;100:10; | slept (1) | | | 101:24;111:10 | 79:25 | | | Sherry (7) | slower (1) | | | 42:13;43:14;71:24; | 64:23 | | | 78:13;92:24;96:9; | SN74 (1) | | | 101:14 | 114:8 | | | Sherry-Netherland (83) | sold (2) | | | 14:20;15:9,13; | 48:3;101:20 | | | 24:14;25:14;26:7; | sole (31) | | | 31:23;32:7,13;42:18; | 28:14;30:20,25; | | | 50:3;68:20;70:21; | 31:5;32:25;44:5,10; | | | 71:5,7,11,14,23; | 45:5;46:12;59:4; | | | 72:10,15;73:12,16,20; | 66:17,18;67:11,12; | | | 74:2;76:2,8,12,14,17, | 80:11,13,16;81:3,7, | | | 20;77:8,12,20;78:17, | 10,18;84:17,18;94:5, | | | 25;79:9,18;80:2; | 12;95:2,3,20,22; | | | 82:11,18,25;83:16,20; | 99:22,23 | | | 84:3,6,11,13,20; 86:18;87:6,12,18,23, | someone (1) 71:24 | | | 25;88:12;89:11;90:9; | somewhere (2) | | | 91:24;93:14;97:13, | 15:7;53:11 | | | 20;98:7,15,25;100:11, | son (13) | | | 16,24;101:18,25; | 12:24;13:7;15:21, | | | 102:12;106:20;107:9; | 24;24:2;28:23;32:11; | | | 108:15,20;109:3,9; | 70:23;71:7,12;73:13; | | | 111:23;112:20,22; | 84:2;99:13 | | | 113:4;114:3;118:12, | Sorry (10) | | | 16 | 13:5;26:19;57:6; | | | Sherry-Netherland's (1) | 62:6;65:21;72:23; | | | 68:13 | 74:17;103:16;109:17; | |

24;24:2;28:23;32:11; 70:23;71:7,12;73:13; 74:17;103:16;109:17; **sound (1)** 92:3 **sounds (1)** 53:10 **speak (2)** 12:25;13:7 **special (5)** 105:19,24;106:18, 24;107:7 **specific (3)** 14:25;19:3;42:4 **specifically (3)** 41:6;72:11;113:16 **specify (1)** 26:16 **speculate (3)** 32:4;40:11;52:14 **speculating (4)** 31:25;40:9;52:14; 79:13 **speculation (1)** 108:24 **spent (4)** 27:21;42:7;87:14, 24 **spoke (7)** 11:18,18,19;13:14; 15:10;16:5;70:8 **Spring (9)** 88:16,18,19,21,25; 89:15,17;90:8;100:14 **SPV (10)** 105:17,19,25; 106:4,15;107:6,12,22; 110:3,4 **ss (1)** 125:4 **stamp (4)** 75:8;121:14; 122:25;123:19 **Stamped (4)** 20:7,22;29:8;44:23 **stamps (4)** 19:24;119:15,25; 122:11 **stands (1)** 105:19 **start (3)** 10:15;12:7;119:2 **starts (2)** 58:17,25 **State (6)** 7:8;46:6;85:3,4; 125:3,25 **statement (9)** 59:24;60:9,11,18, 20,25;61:9,13;75:24 **statements (1)** 118:11 **States (2)** 24:19;25:2 **stayed (1)** 115:3

**Stevenson (6)** 112:15,18;113:2, 24,25;114:8 **still (7)** 34:10,11,12;38:12; 61:23;67:11;109:16 **STIPULATED (3)** 6:3,8,12 **STIPULATIONS (1)** 6:1 **stock (1)** 99:6 **Stone (3)** 93:2,3,6 **stop (1)** 38:17 **stopped (1)** 34:7 **strike (11)** 35:14;37:22;38:7; 44:14;50:12;68:6; 78:23;79:16,24; 97:14;101:3 **structure (2)** 14:9,11 **submitted (1)** 75:7 **subscribed (1)** 125:20 **subtracted (2)** 25:22;87:2 **sued (1)** 91:23 **suggesting (1)** 111:16 **Support (2)** 7:15,19 **Supreme (1)** 7:8 **Sure (14)** 12:4;15:12;19:23; 40:2;43:17;58:20; 66:17;72:24;73:6; 82:5;92:15;98:16; 113:18;119:6 **swear (1)** 7:24 **sworn (3)** 6:14;8:2;75:8 **system (2)** 85:5;123:6 **T talk (1)** 114:19 **talked (2)** 72:21;73:10 **talking (6)** 9:7;38:9;48:18,18; 69:12;120:7 **tape (2)** 74:21;75:2 **telephone (1)** 13:9

**terms (2)** 29:3;63:15 **terrace (1)** 92:2 **Territory (1)** 23:3 **testified (11)** 8:3;18:6;50:10; 53:20;64:2;66:4;67:3, 9,21;75:17;76:16 **testify (6)** 10:20;11:4,8;17:7, 11;67:25 **testimony (15)** 9:12;12:9;14:2; 16:6;18:8,15;24:17; 57:17;65:4;66:16; 67:8;75:18;84:9; 125:8,11 **third (5)** 59:9;81:22;110:19, 23,24 **though (1)** 95:2 **thought (2)** 24:18;42:15 **three (5)** 58:23;74:21;104:7, 10,11 **times (1)** 62:5 **title (2)** 15:12;23:3 **today (47)** 7:17,20;8:16;9:13; 10:21;11:5;12:9,19; 21:11;23:17;26:3; 27:3;28:3,12;29:20; 30:24;31:18;32:17, 23;33:5;38:14,16; 45:4;47:22;48:2,8; 52:20;53:19;56:2; 57:11,25;74:18; 75:13;77:25;78:15; 95:13;102:3;109:13; 111:21;114:20;116:8; 119:10;120:3,14; 121:9,23;124:3 **today's (6)** 7:12;39:14;97:5; 115:21;121:3;124:20 **together (1)** 20:11 **told (5)** 13:20,24;15:6;19:4; 85:22 **took (2)** 64:11,13 **top (7)** 29:8;35:24;59:13; 71:16;105:8;123:4,22

**short (1)**

111:4

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 139 of 140

| topic (1) 17:9 | 24:15;25:13;31:22; 32:5;51:21 | W | Y | Zhang (11) 31:20;32:5,7,14,20; | |----------------------------------------------|----------------------------------|-----------------------------------|-----------------------------------------------|----------------------------------------| | topics (10) | under (4) | | | 51:16,18;52:21,23; | | 10:18,21,25;11:5,9, | 22:4;29:9;110:11; | waived (1) | Yan (1) | 95:7,10 | | 15;12:12,19;13:17; 14:6 | 125:9 underneath (1) | 6:7 | 75:6 | 0 | | total (1) | 21:18 | Wan (6) 7:7;21:18,20;45:7; | year (3) 64:11;65:5;89:7 | | | 30:6 | undersigned (2) | 112:21;114:12 | years (1) | 001 (3) | | transaction (1) | 22:3,13 | WANG (8) | 91:24 | 29:24;30:2,3 | | 49:21 | Understood (2) | 3:13;11:19;13:11; | yes-or-no (1) | 07960 (1) | | transcript (2) 125:8,10 | 12:4;73:2 United (2) | 16:6;17:13;18:22; | 93:21 | 3:6 | | transfer (5) | 24:19;25:2 | 19:4;118:5 | York (172) | 1 | | 71:5,11,13;73:11; | units (1) | Wang's (5) 16:25;17:4;18:12; | 7:9,9;8:16,20;9:17; 10:4,10;11:8,17; | | | 115:19 | 106:19 | 75:6,6 | 13:19;14:8,10,12,14, | 1 (9) | | transferred (1) | unless (1) | way (6) | 16,20;15:8,16;16:21, | 9:15,25;10:2,9,15; | | 112:8 | 110:4 | 29:2;50:6;63:25; | 21;17:2,8,14,16,18, | 17:9;56:3;109:16; | | transferring (2) 70:13;72:13 | unofficial (3) 17:23;18:4,20 | 101:3;102:6;112:11 | 22,24;18:8,13,21,25; | 110:17 1,000 (1) | | transfers (1) | unrelated (1) | weeks (1) | 19:6,10,13;24:11; | 29:23 | | 73:14 | 59:9 | 90:17 Wei (11) | 26:6,10;43:7,19;44:6, 11,14,16;46:2,5,6,6, | 10 (2) | | trial (1) | up (6) | 31:20;32:5,7,14,20; | 13;47:4,8,11,15,20, | 112:14,18 | | 6:11 | 24:15;30:11;32:12; | 51:16,18;52:21,23; | 24;48:4,20;49:7,9; | 100 (2) | | true (18) | 84:12;90:16;123:4 | 95:7,10 | 50:2,6;51:2,9,10; | 51:5;115:10 | | 21:7,12;29:18; | USA (1) | Weiss (3) | 56:15;63:11;71:6; | 11 (1) | | 55:17,25;57:7;59:24; 60:12,20;61:14;66:8; | 59:7 US-based (2) | 45:19;82:4,5 | 72:14;73:15;74:4; | 7:13 12 (3) | | 69:15;73:19;74:9; | 24:8,10 | welcome (1) | 76:10;77:13;80:12, | 45:6;69:10;85:24 | | 75:24;112:5;125:10, | used (1) | 20:5 weren't (1) | 14;81:4,8,11;82:8,9, 16,24;83:8,11,14,18; | 12th (1) | | 12 | 100:19 | 116:20 | 84:10,19;85:3,8,11, | 21:2 | | trust (7) | using (1) | What's (2) | 11,17;86:9,16,23; | 13 (3) | | 73:17;102:9,17; | 29:3 | 83:24;101:4 | 87:4,10,14,24;88:4, | 23:20;86:7,9 | | 103:2,6,10;108:2 trustee (10) | V | who's (2) | 17,18;89:5,10,16,18, | 14 (1) 66:2 | | 107:21,25;109:15, | | 36:9;95:24 | 22;90:3,11,15,22; | 145 (1) | | 17,22,24;110:19,22, | value (2) | Whose (6) 48:22;71:18; | 91:23;92:5;93:4;94:6, 10,13,21;95:8,11,14, | 86:3 | | 22;111:7 | 29:24;30:6 | 100:14;103:15,19,22 | 18;96:3,10,15,18,21, | 15 (2) | | truthful (1) | various (4) | Williams (2) | 24;97:7,22;98:5,9; | 58:20;75:8 | | 9:12 | 20:2,16;42:15,21 | 45:19;82:4 | 99:3,9,15,18,25; | 16 (9) | | try (6) 13:6;60:7,19;62:20; | vehicle (5) | within (6) | 100:7,8,14,20;101:2, | 59:14;60:12,23; | | 73:7;79:23 | 105:20,25;106:18, 24;107:7 | 6:13;20:2;83:9; | 6,16,20;102:5,10; | 61:15,25;62:11;63:3; 75:7,9 | | trying (1) | versus (1) | 120:16;121:8;122:4 witness (6) | 104:18;105:16;106:4, 9,15,17,23;107:16; | 165 (2) | | 62:22 | 7:7 | 7:25;8:2;32:3; | 108:8,8,14;113:12,15, | 56:20,25 | | turn (2) | via (1) | 40:11;43:5;52:13 | 20;116:11;117:19,22; | 17 (10) | | 74:3,4 | 51:17 | Wong (5) | 118:2,6;120:13; | 57:6,18,22;59:23; | | two (10) | vice (1) | 112:15,19;113:2, | 121:7,11;122:5,19; | 61:18;62:13;63:8; | | 8:9;13:16;16:17; 20:17;26:23;37:19; | 15:11 Videographer (8) | 25;114:8 | 123:24;124:9 | 85:12;86:10;103:11 176 (1) | | 58:22;75:2;93:8; | 3:14;7:3;9:22; | Wong's (1) | York's (18) | 20:20 | | 107:23 | 74:20,25;115:25; | 113:25 word (1) | 68:19;77:24;78:15; 81:11,19,19;89:19; | 178 (1) | | type (1) | 116:4;124:19 | 19:7 | 90:7;91:4,18;94:7,14; | 84:23 | | 42:7 | videotaped (1) | words (2) | 97:14,18;98:17,18; | 18th (11) | | typewritten (1) | 7:4 | 21:19;93:12 | 102:16;123:11 | 76:24;77:4,21; | | 21:20 typically (1) | violation (1) 68:18 | work (1) | young (2) | 78:18,25;82:18; 97:15,19;106:20,25; | | 35:2 | Virgin (4) | 55:15 | 84:8,21 | 107:8 | | | 22:5;23:4;34:25; | writes (1) 114:8 | YVETTE (7) 3:13;11:19;13:11; | 194 (2) | | U | 98:19 | written (10) | 16:6;18:22;75:6; | 20:8;44:23 | | | virtue (2) | 7:21;44:22;45:5,22; | 118:5 | | | UBS (2) | 51:7;59:6 | 46:11;50:4;110:5,10; | | 2 | | 40:8,12 | visited (1) | 111:8,16 | Z | | | ultimately (5) | 79:21 | | | 2 (37) |

#### **PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. VS. KWOK HO WAN** Case 22-50073 Doc 1604-23 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 140 of 140

| 9:19;10:2,4,11,24; | 120:6,19,20,23,24,25 | |-----------------------|----------------------| | | | | 26:21;50:20,24;51:5, | 4:25 (1) | | 13,24;52:18,21;53:2, | 74:23 | | 5,12;55:11;56:3; | 4:38 (1) | | 57:17,23;59:9,18,22; | 75:3 | | 61:5,16,25;62:11,13; | | | 63:3,6;73:10;75:20; | 5 | | 102:22;105:7,23; | | | 110:10;111:11 | 5 (3) | | | | | 2:59 (1) | 56:18,22;121:14 | | 9:23 | 5:27 (1) | | 2004 (2) | 116:2 | | 23:5;29:10 | 5:36 (1) | | 2015 (32) | 116:5 | | 21:3;23:21;37:10, | 5:46 (2) | | | | | 12,14,24,25;38:5,15; | 124:21,23 | | 45:6;53:8;55:12;59:5; | 50 (6) | | 61:5;79:14,15,17,21; | 112:6,9;114:11,12, | | 80:2;85:12;86:7,9,10; | 17;115:12 | | 87:5;100:6;103:11; | 543 (2) | | 111:22;112:3,15,19; | 103:17;110:18 | | 114:17;115:4 | 544 (1) | | | | | 2017 (9) | 103:25 | | 57:6,18,22;59:23; | 545 (1) | | 61:18;62:14;63:8; | 104:5 | | 64:18;65:2 | 55 (1) | | 2018 (17) | 3:5 | | 59:14;60:12,23; | | | 61:15,22,25;62:11; | 6 | | 63:3;66:2;69:10;75:7; | | | | | | 88:10;89:5,8,12,23; | 6 (5) | | 90:4 | 58:2,8;110:18; | | 2019 (1) | 122:9,20 | | 7:13 | 60,000 (1) | | 20-year-old (1) | 101:14 | | 71:25 | 652077/2017 (1) | | | | | 21 (1) | 7:10 | | 55:12 | | | 24 (2) | 7 | | 74:15;75:12 | | | | 7 (5) | | 3 | 23:5;65:15,18,22; | | | | | | 122:25 | | 3 (17) | 781 (1) | | 17:9;20:6,10,12,13; | 97:11 | | 44:20;56:3,11,13; | | | 80:6;84:24;86:4; | 8 | | 106:14;109:15,17; | | | 119:11,11 | 8 (4) | | | | | 3.4 (1) | 69:2,5;123:19,22 | | 109:24 | | | 30 (1) | 9 | | 58:20 | | | 30b6 (4) | 9 (6) | | 11:24;65:11;113:8; | 16:4;58:16,19,20; | | 118:19 | | | | 102:25;103:5 | | | 914-760-8963 (1) | | 4 | 3:8 | | | | | 4 (17) | | | 55:3,7,20;56:3,9; | | | 107:20;112:15,19; | | | 114:16;115:3;119:24; | | | | |