郭文贵破产案 · EXHIBIT · ECF #2292-39

Case 22-50073 Doc 2292-39 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 2 of

Debtors, CHAPTER 11 CASE: 22-50073 (JAM) ---------------------------------------------------X LUC A. DESPINS, CHAPTER 11 TRUSTEE, Plaintiff, -against-GREENWICH LAND, LLC and HING CHI NGOK, Adv Proceeding 23-05005 Defendants. ---------------------------------------------------X VIDEOTAPED DEPOSITION OF EMILE DE NEREE

Case 22-50073 Doc 2292-39 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 3 of

1 UNITED STATES BANKRUPTCY COURT 1 A P P E A R A N C E S:

3 BRIDGEPOINT DIVISION 3 ON BEHALF OF LUC A. DESPINS, CHAPTER 11 TRUSTEE: 4 ---------------------------------------------------X 4 PAUL HASTINGS

6 Debtors, CHAPTER 11 6 EMAIL: nicholasbassett@paulhastings.com 7 CASE.: 22-50073 (JAM) 7 BY: NICHOLAS BASSETT, ESQ. 8 --------------------------------------------------X 8 9 ON BEHALF OF DEFENDANTS: 9 LUC A. DESPINS, CHAPTER 11 TRUSTEE, 10 MEISTER, SEELIG & FEIN, PLLC 10 Plaintiff, 125 Park Avenue, 7th Floor

12 GREENWICH LAND, LLC and 12 EMAIL: CJM@MSF-LAW.COM

15 ---------------------------------------------------X BY: CHRISTOPHER J. MAJOR, ESQ. 16 14 AUSTIN KIM, ESQ. 17 Deposition of EMILE DE NEREE, taken on behalf 15 18 of DEFENDANTS, at Remote Location, New York, 16

19 New York, commencing at 10:09 a.m., August 24, 18 ALSO PRESENT: 20 2023, before Kiara Miller. 19 VIDEOGRAPHER, DEANE CARSTENSEN

1 VIDEOGRAPHER: We are now on 1 plaintiff in this adversary 2 the record. Today's date is 2 proceeding. I am joined by my 3 August 24, 2023. The time right now 3 colleague Luyi Song, also from Paul 4 is 10:09 a.m. Eastern time. This is 4 Hastings. 5 the video deposition of Emile de 5 MR. MAJOR: Good morning. 6 Neree. In the matter of Luc A. 6 Chris Major, Meister, Seelig & Fein. 7 Despins, Chapter 11 Trustee versus 7 We represent Hing Chi Ngok and 8 Greenwich Land, LLC, and Hing Chi 8 Greenwich Land, LLC., the defendants 9 Ngok, filed in the United States 9 in this adversary proceeding. And 10 Bankruptcy Court, District of 10 I'm joined by Austin Kim my partner 11 Connecticut, Bridgepoint Division. 11 at Meister, Seelig & Fein. 12 This deposition is taking place via 12 VIDEOGRAPHER: Our court 13 web via conference with all 13 reporter today is Kiara Miller also 14 participants attending remotely. 14 representing TransPerfect. The 15 My name is Deane Carstensen. 15 court reporter can now swear in the 16 I'm the videographer representing 16 witness and then we may proceed. 17 TransPerfect today. Will counsel on 17 EMILE DE NEREE, after having first been duly sworn 18 the conference please identify 18 by a Notary Public of the State of New York, was 19 yourselves and state whom you 19 examined and testified as follows:

21 represent, beginning with the 21 your name and address for the

22 MR. BASSETT: Good morning, record. 23 everyone. Nick Bassett from Paul 23 THE WITNESS: Emile de Neree,

Compass in Greenwich, Connecticut.

Case 22-50073 Doc 2292-39 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 4 of

1 200 Greenwich Avenue, Greenwich, 1 question that I ask that you don't 2 Connecticut. 2 understand, please let me know. I'm happy 3 EXAMINATION BY 3 to try to rephrase or clarify, to the best 4 MR. BASSETT: 4 that I can.

Again, by way of introduction, 5 I'm not sure how long we'll go 6 Mr. de Neree, I'm Nick Bassett. As I said, 6 today, but if at any time you need a break 7 I represent Luc Despins as the Chapter 11 7 for any reason, don't hesitate to let us 8 Trustee who's the plaintiff in this 8 know. We want to make sure you're 9 litigation. Thanks again for your time and 9 comfortable and have any breaks that you 10 for being here today. We all appreciate it. 10 need. The only thing we will both ask is 11 Mr. de Neree, have you had the 11 that if we have a question that's pending to 12 pleasure of sitting for a deposition before, 12 you, that we would just get an answer to 13 or is this your first time? 13 that question before we take a break.

First time. 14 There may be some objections by

Okay. In that case, I'll just 15 counsel after questions today. Generally 16 spend a couple of minutes kind of giving you 16 speaking you can just let the objection be 17 the lay of the land in terms of how today's 17 made and then you would still answer the 18 going to proceed. 18 question after that. You'll kind of see how 19 To state the obvious, I will ask 19 that goes as we get going. 20 you a series of questions. Mr. Major, who's 20 Just for the record, are you alone 21 also here on behalf of the defendants, may 21 in that room today, Mr. de Neree? 22 have questions when I'm done. As you know, 22 A Yes, I am. 23 based on what just occurred, you're under 23 Q

24 oath. So we both ask that you answer our 24 text or anything like that while we're on 25 questions truthfully. If there is a 25 the deposition?

Email going back to the issue at 1 Banker at that time and left Coldwell Banker 2 hand? 2 about a year and a half ago to go to

No. I just meant like on your 3 Compass. 4 screen, your computer screen for example 4 Q

5 your Outlook up, I would close that out just 5 6 what do you mean?

7 so there's no issue about whether you're 7 A

8 receiving communication during the 8 had my real estate license until a year and 9 deposition, that's all?

No, no it's not up. 9 a half ago.

Okay, got it. So, Mr. de Neree, 10 estate salesperson, do you represent both 11 you are a licensed real estate broker; is 11 buyers and sellers?

Yes.

Salesperson, okay. Do you 14 me if you're representing a buyer who's 15 primarily focus on selling homes in 15 looking to purchase a home. Can you just 16 Connecticut or is your footprint broader 16 kind of just tell me what are the services 17 than that? 17 that you provide for them?

How long have you been a real 19 property that is appropriate for them in 20 estate salesperson? 20 terms of their budget and preferences.

22 or '12. It was '11. 22 tell you what type of property they're

Okay. Got it, and you work for 23 looking for and then give you some direction 24 Compass; is that right? 24 as to what to go find for them, you would go

I do now. I worked for Coldwell 25 out and do that and report back what you

1 found. Is that generally how it works? 1 this. This looks like an assortment of

Yes. 2 sales that I've had over the years.

4 buyer decides to make an offer on the home 4 picture there on the first page?

Yes.

Okay. I'll ask my colleague to 7 you're a water front and luxury property 8 put tab one on the screen or into the chat 8 specialist, is that an accurate description 9 if she could. And, Mr. de Neree, just let 9 of how you would describe your real estate 10 me know once you have that open. 10 practice?

Yes.

So you have the document up? 13 you?

I'd ask the court reporter please 15 low priced homes. And water front is 16 mark this document as de Neree Exhibit 1. 16 because of my background. I'm a sailor and 17 (Whereupon, Emile de Neree's 17 I live on the water myself, I live in a 18 Compass Transactions was marked 18 community of 100 homes all of which are on 19 as Exhibit 1 for identification 19 the water. So I've had a lot of local 20 as of this date.) 20 transactions within the community and also

I believe, Mr. de Neree, this is a 21 all over Greenwich and I tend to focus on 22 profile of yours that we obtained from the 22 water front because of my expertise. 23 Compass website; does this look familiar to 23 Q

24 you? 24 says past sales and it lists a bunch of

No. I've never actually seen 25 properties. Are these properties that

1 you've sold, bought, both, just trying to 1 A Yeah. I only know him by Miles.

4 understand now Miles to be Ho Won Kwok, who

5 just where I was on the sale side, but I 5 is the Chapter 11 debtor in this case, 6 believe it was some definitely here on the 6 correct?

7 buy side, it's a combination of both, yes.

The second property is 323 Taconic 7 from social media that he went by several 8 Road in Greenwich, which is a property that 8 names. I was only aware of one, Miles. 9 we'll be talking more about today. I'll 9 Q

10 just ask you, did that property actually 10 refer to him as Miles today, then. 11 sell for the \$7.495 million? 11 Did you at some point develop a

No. It did not. 12 professional relationship with Miles?

Yes. 14 instead of -- 14 MR. MAJOR: Objection to form.

16 prices. 16 to me?

I'm sorry.

19 price at the time of the transaction. 19 relationship?

Was that an objection? 21 turning to the matter at hand, if you will, 21 Q

22 are you familiar with, Mr. de Neree, with a 22 form, which is an objection you may hear 23 person named Ho Won Kwok who is the debtor 23 more than once today. And as I said before,

25 in this Chapter 11 case who has otherwise

25 that's something that the lawyers will deal

212-400-8845 - Depo@TransPerfect.com TransPerfect Legal Solutions

1 answer the question. 1 actually not with Miles, but Max first, was

I see. Understood. What was your 2 around October of 2018 and the ultimate 3 question again quickly? 3 transaction of this property we're talking

The question was just whether you 4 about didn't take place until February 5 could please describe for me the nature of 5 of 2000.

7 MR. MAJOR: Objection to form. 7 documents there with you Mr. de Neree?

I do have some, yeah. 9 over about a one and a half year period. 9 Q

10 And he would tell me what he liked, what he 10 document that you were just looking at. Is 11 didn't like, then there would be followup 11 that -- 12 from his assistant, Max Krasner, about 12 A

13 details if he wanted to see more, what he 13 clarification, I do not have any emails 14 liked a lot, what he didn't like as much. 14 because my email account was taken away from 15 He would sort of give me more feedback, if 15 me. Except for the important documents that 16 you will. And then I would set up other 16 I would have made hard copy of from my file 17 showings as they came available, in other 17 because I was doing that at the time, I 18 words as properties were listed and I 18 don't have every email. I have, I was able 19 thought he would be interested in them, I 19 to reconstruct some of my texts, but I don't 20 would show those properties. 20 have emails and really all I have is some

Thank you. So you said that this 21 key documents, like offer to purchase, 22 was over, I believe approximately one year 22 exclusive right to represent the buyer and 23 period or was it longer than that? 23 accepted offer on this property and

It was a bit longer than that. I 24 ultimately the contract to purchase real 25 believe my first communication with Max, 25 estate, which is the closing document. I

1 have some documents regarding the inspection 1 said I have a client who's interested in 2 of the property during the week that this 2 looking at some properties, I understand you 3 took place and that's about it. And I have 3 have water front experience. He likes the 4 a nondisclosure confidentiality agreement 4 idea of water front, he has a big boat, he 5 that I signed around that date and that 5 would like to live on the water in 6 would have been one of the first sort of 6 Greenwich. What can you show us. And I 7 actions, that's why I refer to October 22, 7 went through a bunch of things and I said I 8 2018. 8 could show this, this and this, but there

10 wasn't much water front available at that 11 show you some documents today, some 10 time so we ended up looking at other additional documents today. And I think 11 properties also. So that's how the 12 once I've done that and finished that I may 12 relationship got started. 13 ask you if there are any other documents you 13 Q

14 have there that we have not shown, I think 14 Miles was wanting to find a home for himself 15 we'll proceed that way. And then we may ask 15 in Connecticut, in Greenwich? 16 that those documents to be provided to us if 16 MR. MAJOR: Objection to form.

Correct that's what he said, yes.

So you said the relationship began 19 whatever property you might find it would be 20 around roughly October 2018, that's your 20 one for Miles? 21 recollection? 21 MR. MAJOR: Objection to form.

Correct.

24 with the Miles? 24 Tab 2, please?

212-400-8845 - Depo@TransPerfect.com TransPerfect Legal Solutions

1 referring to, it's called Exclusive Right to 1 Q

2 Represent Buyer Agreement. 2 listed as Hudson Diamond. Do you have any

Thank you. 3 understanding of who or what Hudson Diamond 4 MR. BASSETT: Just give me a 4 is? 5 moment. I'd like the court reporter 5 A

6 to please mark this document as de 6 is one of the companies that they owned, 7 Neree Exhibit 2. 7 that's all.

9 Represent Buyer Agreement 9 you mean?

Miles, that Miles owned. 11 Exhibit 2 for identification as 11 Q Okay.

And just for the record, this 13 time, I'm just looking at the signature line 14 document is Bates labeled at the bottom of 14 cause I can't remember, it basically says 15 the first page GREE002323. 15 Hudson Diamond and an unrecognizable name.

Yeah. 16 You know, there was an addendum to this. I

So this is the exclusive right to 17 don't know if you have that. 18 represent buyer agreement. Is this a 18 Q

19 standard agreement that you would execute 19 paragraph two where it says, "See Exhibit A 20 with a perspective buyer of property who is 20 attached hereto"? 21 retaining you for your services? 21 A Yeah.

And the agreement is dated 23 knowledge. If you happen to have that, 24 January 13, 2019. Do you see that? 24 that's another document.

1 they crossed out a whole section about 1 owned by Miles, correct? 2 compensation, the whole thing. And it 2 A Correct. 3 became rather narrow. And they said, we 3 Q

4 will only compensate you for properties that 4 that Mr. Krasner had reached out to you in 5 you have shown Miles. 5 order to find a property for Miles. 6 So I submitted a list of five 6 So my question is, I guess, how do 7 properties or four or five properties. And 7 you sort of -- is it your understanding that 8 subsequently asked to have a few more added, 8 Miles was going to use Hudson Diamond to 9 which I had also shown him, but they never 9 acquire the property for him? Is that the 10 added it to the exhibit. But the properties 10 relationship between the two? I'm just 11 were 125 Pecksland Road, which was the first 11 trying to understand. 12 one I showed him. 586 Roundhill Road. 373 12 MR. MAJOR: Objection to form. 13 Taconic, which is the subject property. 13

14 Private island on Connecticut Gold Coast. 15 because I was under the impression that he

16 Wallacks Point was the actual address. And 16 owned many different companies, and I had no 17 any additional properties in Connecticut that Coldwell Banker presents to buyer and 17 idea in which way he was going to purchase the property at the time.

Understood.

I was just representing Miles. 20 protection, call it, so that I would be 20 And I hoped that this Hudson Diamond was a 21 covered under this agreement. 21 legitimate company. I did not research it

Okay. Understood. 22 or anything like that. I was, at the time, 23 And back to Hudson Diamond. So I 23 just hoping that he would have an interest 24 think what you just testified was that you 24 in one of those properties and proceed. 25 were told by Mr. Krasner, that was an entity 25 Q

1 your experience, have you seen scenarios 1 Q

2 where an individual will use a company or an 2 any understanding of what that signifies? 3 LLC to acquire a property? 3 MR. MAJOR: Objection to form.

5 MR. MAJOR: Objection to form. 5 name, so I did not notice it before. But,

Is that what happened here? 6 yeah, that would have meant for me that this 7 MR. MAJOR: Objection to form. 7 was, in fact, for Miles.

So you spoke a little bit about 9 compensation provision that you mentioned, I 10 the compensation -- I guess, actually before 10 was going to ask you why that was crossed 11 I go to that. At the bottom, if you look at 11 out. So thanks for that explanation. 12 the bottom right-hand corner of each page of 12 As to the properties that you did 13 this agreement, it says, underneath buyer's 13 show, how was it agreed that you would be 14 initials, in all caps, Miles Guo. 14 compensated?

16 It's small. You may have to zoom 16 compensation for any showings I do, 17 in. 17 regardless of how man, short of a sale. I

I'm sorry, where do you say you 18 can only be compensated in the case of a 19 see this? 19 sale.

21 every page of this. If you -- 21 you would, of course, receive a commission;

Yeah. I see it now. I never saw 22 is that right? 23 it before. Let me make sure it's on the 23 A Correct. 24 original. Yes. It is on the original. I 24 Q

25 never saw that before. Yes. 25 part where it says buyer's obligations,

1 that's paragraph six. I wanted to ask you a 1 Q

2 couple of questions about that. 2 ever receive, in connection with this

Yeah. Paragraph six you said? 3 engagement, any of the information

That's correct. And I think, 4 referenced here concerning buyer's needs and 5 Mr. de Neree, as difficult as it might be, I 5 qualifications, including personal,

7 think for the record, if you can just try to 6 7 financial and confidential information? 8 use the one on your screen, zooming in if 8 A

9 possible, that way there's no -- I don't want there to be any ambiguity about whether 9 was -- very few details were given to me.

10 we're looking at the exact same document. 10 like, maybe why he didn't like it and that

No. We're looking at the exact 11 was it. 12 same document. And this is standard, call 12 Q

13 it Coldwell Banker standard document. 13 information regarding Miles' financial --

No. 15 ask you a couple of quick questions about 15 Q -- situation?

No. Never. 17 So the first line in that says, 17 Q

18 well, it says, "Buyer's obligations: A, 18 being obligated to pay for out-of-pocket 19 buyer will cooperate with Coldwell Banker; 19 expenses. 20 one, by providing all information necessary 20 Do you see that?

Correct. 22 qualifications, including personal, 22 Q

23 financial and confidential information." 23 expenses that you incurred in the engagement

25 Do you see that?

25 that the buyer paid for?

1 inspection. And I believe those were the 1 A Yes. 2 only out-of-pocket expenses incurred. And 2 Q

3 so, no, I did not. 3 Miles himself?

5 terminate at any time? Did it terminate 5 didn't have his phone number, nor an email 6 upon a transaction, is it still open? 6 address. So, no, all communication was with

On this particular document, there 7 Max, with the exception of communication I 8 was no term limit. Which, again, you know, 8 had with him at the properties. 9 probably I could have nailed them, but at 9 Q

10 the time, that wasn't my concern. I was 10 showing properties? 11 just hoping to find something that they 11 A Yes. 12 would like and would be interested in 12 Q

13 buying. 13 more detail in a moment. 14 So, no, there's no limit to this. 14 I'd like my colleague to put up 15 It says term here. It's not filled in. 15 tab three.

Yes. Got it. 17 any other agreement like this one with 17 Q Thank you. 18 another entity related to Miles? 18 (Whereupon, Text Messages was 19 MR. KIM: Object to the form. 19 marked as Exhibit 3 for

No. I did not. 20 identification as of this date.)

I believe you said you were 21 MR. BASSETT: I'd like the 22 originally approached by Mr. Krasner about 22 court reporter to please mark this 23 this engagement. Was Mr. Krasner the person 23 as de Neree Exhibit 3, please. 24 you most often communicated with concerning 24 Q

25 this engagement? 25 document that has just been marked as

1 Exhibit 3 shows your text images. 1 some that are kind of aligned more in the 2 Is that your understanding? 2 middle. Do you know what it is --

Yes. 4 Max, and what is on the right is me.

6 this a document that you, to your 6 these are messages sent to you by

8 recollection, had produced to the Trustee in 7 8 Mr. Krasner? 9 response to our subpoena in this case? 9 A Correct.

And where did you get this 11 toward the middle, those are your messages 12 document? 12 to Mr. Krasner?

Correct.

14 sure it was the phone. It could have been 14 15 the computer. But in either case, it's text 15 document? If you go through all of them, I 16 messages that came in, because my Mac also 16 don't know how many pages there are here. 17 shows text messages. I can't remember whether it was printed from the computer or 17 A Yes. Yes, it is.

18 from the phone. 18 messages between you and Mr. Krasner, with

At the top, it says, iMessage. So 19 Mr. Krasner on the left, and yours more to 20 to be more accurate, would this be iMessages 20 the middle?

Yes.

Can you just try to orient me. It 23 form. 24 looks like there are some messages that are 24 Mr. de Neree, if I could ask 25 aligned on the left-hand side of page and 25 you to please allow some time for me

1 to the object before you answer 1 aware of any other text messages you had 2 questions. I know this is an 2 with Mr. Krasner that are not shown here?

No. 4 conversation it's often custom to 4 Q

5 respond to someone before they 5 recall having any text with him before 6 finish their question. But if you 6 November 5, 2018? 7 could please let Mr. Bassett finish 7 A Correct. 8 his question and pause for just a 8 Q

9 moment, in case I have an objection 9 after August 23, 2022? 10 to put in for the court reporter. 10 A Correct.

12 THE WITNESS: Absolutely. 12 clear, and to best of your knowledge, 13 Thank you. 13 between November 5, 2018 and

Mr. de Neree, at the very top, it 14 August 23, 2022, you aren't aware of any 15 says, November 5, 2018. 15 other text messages with him that are not 16 Do you see that? 16 included in the document?

Correct.

And then if you go to the very end 18 Q

19 of the document, the last message, as far as 19 you no longer have access to your emails; is 20 I can tell, and you correct me if I'm wrong, 20 that correct? 21 is dated Tuesday, August 23, 2022. 21 A Correct.

Yes. 23 bit more detail -- strike that.

So outside of the text messages 24 Before asking that question. Did 25 that are shown in this document, are you 25 you have email communications with

2 that, that would have gone via email. But

Yes.

Did you have email communications 3 the majority of the communication was on the telephone or text. 4 with anyone other than Mr. Krasner whom you 4 Q

5 understood to be acting on behalf of Miles? 5 don't have access to these emails any 6 MR. MAJOR: Objection to form. 6 longer, what does that mean exactly?

No. 7 MR. MAJOR: Objection to form.

9 understanding of what the date range would 9 literally froze my email account the same 10 have been for these emails that you had with 10 day, and I had no access to those emails. I 11 Mr. Krasner, would it have been similar to 11 did contact the legal department of Coldwell 12 these text messages? 12 Banker after I was first made aware that I

Yes. 13 might have to be deposed. And they said,

What's the approximate volume of 14 yeah, they're gone. And it was well 15 emails that you may have had with 15 after -- it was much more than a year after 16 Mr. Krasner? 16 I left. And they said, you know, we 17 MR. MAJOR: Objection to form. 17 generally get rid of them after nine months

I generally used emails only to 18 or so. 19 send potential properties, to alert upcoming 19 But he did say that Coldwell 20 open houses or appointments, but all the 20 Banker had supplied whatever documents they 21 details were generally covered in text. 21 had in the file with regards to the 22 And so if he sent me something 22 transaction, the official documents, in 23 like a signed document of some sort, like 23 other words, that I would have had and they

25 the ones you have shown, exclusive right to represent, and the exhibit and things like 24 25 would have had.

1 Exhibit 3, the text message that you sent on 1 if Miles has an interest in seeing any of 2 November 5, 2018. It says here that: 2 the listings, is that generally consistent 3 "I am still waiting to get info on 3 with what you said before, that Mr. Krasner 4 other properties that may be perfect for 4 was acting on Miles' behalf in this process? 5 Miles but are not currently on the market." 5 MR. MAJOR: Objection to form.

Yes.

And then you say: 8 you say, and this is January 12, 2019, you 9 "I will get back as soon as I hear 9 say: 10 more. In the meantime, does Miles have an 10 "Max, we are confirmed for noon at 11 interest in seeing any of the listings that 11 125 Pecksland. Still working on others." 12 I sent you last week." 12 He responds and says: "Okay. 13 Do you see that? 13 Thanks." And then in the next message from

Yes. 14 Mr. Krasner on January 12, it says, driver

First of all, those listings that 15 name is Warren, there's a phone number. And 16 you sent last week, those would have been 16 then it says, "They will meet you at 125 17 maybe listings that you sent via email? 17 Pecksland Road at noon."

Yes. They would have come from 18 Do you see that? 19 the MLS. There is an email function in the 19 A Yes. 20 MLS that allows you to send properties as an 20 Q

21 attachment, which are then openable and 21 I'm wrong, that 125 Pecksland Road was one 22 reviewable by the clients, with all the 22 of the properties you were showing Miles?

Yes.

25 sent here, where you're asking Mr. Krasner 25 at that property?

Yes. 1 know.

3 January 12, 2019, do you know when the 3 occurred, I think you already said this, but 4 meeting occurred? 4 Miles was present?

Yes. 6 have to look up to see if that was a 6 Q

7 Saturday or -- or -- but -- but from the 7 Pecksland Road property or did you look at

9 text messages I would -- I would say it 8 9 more properties? 10 happened on January 12, because that's the 10 A

11 morning where he confirmed that Miles was 11 forth, and so on of each individual showing. 12 going to look at the properties and that the 12 It's possible I would have shown him one or name of the driver was Warren. And his cell 13 two more that day, but the one that sticks

14 phone number in case I needed to get a hold 14 in my mind is the Pecksland property. If I 15 of him for a reason. But that was 15 look at my -- at the list of properties that

16 definitely the first time I met Miles. 16

forward, and I'll get to this in a second, 17 Pecksland, 586 Round Hill, and 373 Taconic. Those technically could have been around the 18 but the January 14, 2019 text messages says, 18 same time or even on the same date. 19 "Miles left his sunglasses in," it says 19 But I -- I don't have a strong 20 "bone." But I think he corrected that to 20 memory of exactly which property I showed 21 say, "one, of the properties yesterday." 21 out on that -- on that day. 22 If that's the January 14 and it 22 Q

23 refers to yesterday, would that suggest that 23 for me what you recall about your 24 the meeting was on January 13th? 24 interactions with Miles on that day during

I don't know. I can't -- I don't 25 those visits?

1 MR. MAJOR: Objection to form. 1 MR. MAJOR: Objection to form.

Miles. 3 view it like anyone else, and would make 3 Q

4 comments as to what he liked about it or 4 Miles would ultimately be making the 5 didn't like about it. And as I said, I 5 decision? 6 would then subsequently get more feedback 6 MR. MAJOR: Objection to form. 7 from Max as to, you know, what he liked and 7 A Yes.

The text message says:

And did Miles ask you any 9 "Miles left his sunglasses in one 10 questions at any point? 10 of the properties yesterday. He will pick

What types of questions? 12 It goes on:

About the property. In almost 13 "Let me know if the glasses are 14 every case there was a listing agent 14 found, he'll pick them up next time." 15 present. So if he asked me a question and I 15 Do you see that? 16 didn't know the answer, I would ask the 16 A Yes. 17 listing agent and give Miles the answer. 17 Q

Okay. And what language was Miles 18 refresh your recollection that there were, 19 speaking during these conversations? 19 in fact, multiple properties that would have

English. 20 been shown at that time?

Yes. 22 what was your -- did you ever come to gain 22 Q

23 an impression as to who would ultimately be 23 message, that's the next one below that, 24 making the decision as to whether or not to 24 that Mr. Krasner sent to you says, "Offer 25 make an offer on a property? 25 4 million on Taconic Road. I confirmed."

2 Do you see that? 2 document, at the top there's a January 19,

Yes.

And "on Taconic road," do you 3 2019 text message. It says:

4 understand that to be a reference to the 373 4 respectfully explain to the owners our 5 Taconic Road property? 5 situation. Miles said that it was a 6 MR. MAJOR: Objection to form. 6 pleasure to meet such a nice family. Time

Yes. 7 is of the essence and we are proposing the

Did you ever show Miles any other 8 following." 9 properties on Taconic Road? 9 And then there's two proposals

No. Not to my recollection. 10 listed.

Mr. Krasner said "I confirmed," 11 Couple of questions about this 12 did you have an understanding of what he 12 message. 13 meant there? 13 First of all, do you recall which 14 MR. MAJOR: Objection to form. 14 property this message gives reference to?

Wallacks Point. 16 \$4 million for Taconic Road at the time. 16 Q

Instructed by whom? 17 took place at that property?

Yes.

And Miles was present?

Yes. 21 understand Mr. Krasner was taking his 21 Q

22 direction? 22 date that we were already talking when the 23 MR. MAJOR: Objection to form. 23 other properties were shown or a different

Miles. 24 date?

No. Different.

Okay. And to the best of your 1 you have an understanding of why time was of 2 recollection, can you describe your 2 the essence for Miles? 3 interaction with Miles during that visit? 3 MR. MAJOR: Objection to form.

5 driver, security, et cetera, et cetera. And 5 he wanted it quickly, that's all. 6 I -- I believe his wife was there for this 6 Q

7 visit. If not the first visit, the second 7 visit he described, I assume Miles asked 8 visit. I believe they had two visits to 8 questions about the property during this 9 this property. One day and then the next 9 visit, et cetera?

Yes.

12 considerably higher. I believe 12 million 12 that was being spoken? 13 was the number. And they had some 13 A English. 14 interaction with the sellers, the family 14 Q

15 that lived there, which I think the message 15 Miles, did he ever have an interpreter 16 refers to. And he was very much interested 16 present? 17 in buying the property, but he wanted to do 17 MR. MAJOR: Objection to form. 18 it quickly and the family was not really 18 A No. 19 able to make those short deadlines. 19 Q

20 So his offer was based on a quick 20 spoken was English? 21 closing verses a slower closing for the same 21 A Yes. 22 property. Subsequently, Miles decided 22 Q

23 against buying and withdrew his offer. 23 to the text message in the middle of the

Okay. And when it says "time is 24 page that's dated "February 11, 2020." 25 of the essence" and you eluded to that, do 25 Do you see that?

And given that it's on the 2 not interested, not looking, not going, not 3 left-hand side, this would be a -- as you 3 focused on buying a house during that 4 discussed, a -- as you described, a message 4 period. And it was out of the clear blue 5 from Mr. Krasner and it says: 5 sky that he -- or that Max approached me 6 "Also, if you think there are 6 again and said, "Remember that house that 7 other properties that might interest Miles, 7 you showed Miles at 373 Taconic, it's -- is 8 please forward them and we will review 8 it still available, and what price, and can

Got it.

Yes. 11 And so your message back to him

So, my first question is: It -- I 12 says: 13 take it from the sequence of the message 13 "Max, we are confirmed for noon 14 here, and correct me if I'm wrong, that 14 today at 373 Taconic Road." 15 there was a -- basically, a more than 15 And then it says, "Also, walking 16 one-year gap in the text communications that 16 property at 371." 17 you had with Mr. Krasner from January 22, 17 So did a meeting occur on 18 2019 to February 11, 2020; is that right? 18 February 11, at 373 Taconic Road?

Yes.

What -- what was you understanding 21 meeting? 22 for why the process or the communication at 22 A Yes.

24 least according to this, stopped for a year, 23

25 approximately? MR. MAJOR: Objection to form. 25 recollection, can you just describe to me

1 Taconic? 1 MR. MAJOR: Objection to form.

Miles.

4 lowered from my recollection, closer to 4 you come to have that understanding? 5 5 million and Max decided to make an offer 5 MR. MAJOR: Objection to form. 6 the same day. And the price offered was 6 A

7 4.6 million, which was accepted by the 7 willing to offer in English. 8 sellers, and the real estate person 8 Q

9 representing the sellers acknowledged that. 9 to offer?

11 decided to make an offer. Was it your 11 details were confirmed by -- by Max, in this 12 understanding that Max was the 12 case. But this was a transaction that went 13 decision-maker? 13 unusually quick. I mean, the offer was made 14 MR. MAJOR: Objection to form. 14 on Monday and the closing took place on

Yes. 15 Friday of the same week. And the moving

Max not Miles? 16 trucks were in the driveway waiting for the

Sorry. 17 money to clear and the lawyers to tell me 18 MR. MAJOR: Objection to form. 18 that they had closed.

20 Max it was always Miles, but the 20 this transaction occurred so quickly? 21 communicator of Miles' intentions was 21 MR. MAJOR: Objection to form.

Okay. So who did you understand 23 that Miles generally wanted things done

had made the decision to make this offer on quickly and, you know, and wanted it done as 25 373 Taconic Road? 25 fast as possible, that's it. That's all.

1 MR. BASSETT: I think we've 1 corner, first page. 2 been going about an hour. I'd like 2 Q

3 to take a quick break. Why don't we 3 this document? 4 do that now for five or 10 minutes. 4 A Yes.

What is it? 6 going off the record. The time is 6 A

7 11:11. 7 estate.

9 from 11:11 AM to 11:23 AM.) 9 estate?

373 Taconic Road. 11 on the record. The time is 11:23. 11 Q

Mr. de Neree, I want to show you a 12 discussing the offer that Miles made on this 13 couple of additional documents. If I could 13 property. Do you recall that? 14 have my colleague put Tab 4 into the chat, 14 A Yes. 15 please. 15 MR. MAJOR: Objection to form.

17 Real Estate (GREE02327) was 17 to that offer for this property? 18 marked as Exhibit 4 for 18 MR. MAJOR: Objection to form. 19 identification as of this date.) 19 A

20 MR. BASSETT: I'd like the 20 purchase, which generally becomes the deal 21 court reporter to please mark this 21 term for the lawyers to put together a 22 document as de Neree Exhibit 4. 22 contract.

Understood. 24 document with the Bates Label 24 It's dated February 11, 2020; is 25 GREE002327, bottom of the right-hand 25 that right?

Case 22-50073 Doc 2292-39 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 15

Okay. And it says -- where it 2 based on the fact that the named buying 3 says "buyer" it says "Greenwich Land, LLC." 3 entity was Greenwich Land, LLC? 4 Do you see that? 4 MR. MAJOR: Objection to form.

Correct.

7 why the buyer was Greenwich Land, LLC? 7 change? 8 MR. MAJOR: Objection to form. 8 MR. MAJOR: Objection to form.

10 not unusual for the buyers in the Greenwich 10 it's easier for me to answer. 11 or elsewhere for that matter, to -- to buy a 11 Q

12 property in an LLC. 12 was the one who made the decision to buy the

Did you ask what the relationship 13 property, correct? 14 was between Greenwich Land, LLC and Miles? 14 A Yes.

No. I didn't because I was 16 as a buyer in Greenwich Land, LLC., right? 17 instructed by Max that would be the buyer. 17 A Yes. 18 They would put it in an LLC named Greenwich 18 Q

19 Land. 19 Greenwich Land, LLC., was the entity that

And before you testified that you 20 Miles was using to purchase the property? 21 understood that Miles was the one making a 21 MR. MAJOR: Objection to form. 22 decision to the buy the property; is that 22 A Yes.

24 MR. MAJOR: Objection to form. 24 colleagues please put our Tab 6 on

Correct. 25 the screen, please.

Yes.

3 identification as of this date.) 3 at the email from the Julie Burke, which is

5 MR. BASSETT: I'll have the 4 at the bottom of the second page, dated 6 court reporter please mark this as 5 August 1, 2020 with the subject line 373 7 de Neree Exhibit 5.

7 Taconic Road, this is an email from her to 8 questions about this document, when was the 8 you. This would have been after the closing 9 first time you ever heard the name Greenwich 9 of the purchase of 373 Taconic Road, 10 Land, LLC.? 10 correct?

August 1, 2020, yes, absolutely.

On that day. On that very day 11 I'm just reading the email. 12 that they instructed me to make an offer. 12 Q Yeah.

Yeah. 14 document that's been marked as de Neree 14 Q

15 Exhibit 5, for the record, Bates label at 15 essentially saying that the sellers are 16 the bottom right-hand corner of the first 16 asking for certain funds that are still 17 page WBAM_009051. And you can take your 17 being held in escrow to be released, is that 18 time to scroll through the whole thing, but 18 generally what she's saying here? 19 do you recognize this document, Mr. de 19 MR. MAJOR: Objection to form.

Yes.

And is it correct that this is an 22 email dated August 19, 2020 you say: 23 email chain involving you, Mr. Krasner, a 23 "Dear Margaret and Max, the 24 Margaret Conboy and at times some other 24 sellers for 373 Taconic, which was bought by 25 individuals? 25 Miles under Greenwich Land, are asking that

1 the escrow accounts be release." 1 assistant.

I'm looking. Is it up above it. 3 back the Exhibit 3, which are the text 4 Yeah, it's above this, yes, yeah. 4 messages.

Yeah. 6 "Which was bought by Miles under 6 Q

8 8 don't have page numbers. I'm going to a I just want to focus on that. Do text message that's dated February 15, 2020.

15, 2020, yeah.

Was that an accurate statement 11 just sort of put a pin in that if we could. 12 that you wrote in this email? 12 Before we go there I want to just show you 13 MR. MAJOR: Objection to form. 13 one more document. If my colleague could

Yes. 14 please put into the chat our Tab 5.

So it's your understanding that 15 (Whereupon, Residential Real 16 Miles bought 373 Taconic under Greenwich 16 Estate Sales Agreement 17 Land, LLC.? 17 (GREE02328) was marked as 18 MR. MAJOR: Objection to form. 18 Exhibit 6 for identification as

That was my understanding. 19 of this date.)

Got it. 21 that understanding? 21 MR. BASSETT: And for the 22 MR. MAJOR: Objection to form. 22 record, I'll have this marked as de

He was the one that told me that 23 Neere Exhibit 6. Starts at the 24 he wanted it, how much he was going to offer 24 bottom right-hand corner with the 25 and all the details were handled by his 25 first page with the Bates label

1 GREE002328. 1 "Yes, 373 Taconic. Call Matthew,

We already just looked at, which 2 the security." 3 was de Neere Exhibit 4, the offer for the 3 Do you see that? 4 property at 373 Taconic Road. Is this the 4 A Yes. 5 formal sales agreement that followed? 5 Q

Yeah. That's the contract. 6 purchase agreement was executed before the

Okay. And this was dated 7 closing; is that correct? 8 February 14, 2020; is that right? 8 A Yes.

Is that the same -- is that the 10 occurred at the house February 15, 2020, to 11 date of closing? Actually, if you look at 11 your recollection? 12 next page closing it says February 21, 2020? 12 A Yes.

Yeah, that sounds right. 13 MR. MAJOR: Objection to form.

15 sorry, not Exhibit 3 -- yes, Exhibit 3, the 15 meeting?

17 February 15, 2020 email, not email, text 17 with designers, in this case it was an 18 message. I think there's only one text 18 interior designer and an architect, someone 19 message on that date from you to Max Krasner 19 specializing in high-end renovations and he 20 which says: 20 wanted to meet them about some changes he 21 "Max, are we still on for noon 21 wanted to make to the house.

23 Do you see that? 23 referring to?

Yes, correct.

Miles.

So Miles was at this meeting?

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of 46 Entered 10/26/23 20:46:12 Page 17

1 A Correct. 1 on, and he took them through the house and I 2 Q And then architects or designers 2 wasn't present in every discussion and every 3 were at this meeting? 3 aspect of the changes that he was talking 4 A Correct. 4 about.

6 A Yes, I wasn't in the meeting from 6 February 15, 2020 meeting, are you aware of 7 beginning to end, but I was present and 7 any other meetings that occurred at the 373 8 introduced them and so forth. 8 Taconic Road property? 9 Q The parts that you did observe, 9 MR. MAJOR: Objection to form. 10 can you describe generally the interactions 10 A I'm trying to see the dates. 11 that occurred between Miles and the 11 17th. I believe at most of the meetings 12 designers and architects? 12 that I had at the property were with 13 MR. MAJOR: Objection to form. 13 inspectors and property managers, previous 14 Q You said you were present for part 14 property managers and things like that. 15 of the meeting, correct? 15 Just for the purpose of a building 16 A Correct. 16 inspection report. 17 Q The parts that you were present 17 Q

18 for, can you please describe generally, the 18 at the property after that February 2020 19 interactions that you observed between Miles 19 meeting? 20 and the architects and designers? 20 A

21 MR. MAJOR: Objection as to 21 see if I can find some clarification. But 22 form. 22 the closing itself -- so on the 17th it was 23 A He talked about what he liked and 23 just me and the seller's agent. On the 24 what he didn't like and what had changed and 24 17th. I have meeting with the moving 25 how was that possible and so forth and so 25 company on the 18th.

1 Q Mr. de Neree, are you looking at a 1 "Hi, Max I have a scheduled

Mr. de Neree, are you looking at a 1 "Hi, Max I have a scheduled

2 calender or a personal -- 2 showing at 429 Taconic."

My own calender, yeah, I don't 3 Do you see that? 4 write down everything, but a few things. It 4 A Yeah. 5 says moving company at 373 Taconic and I'm 5 Q Yes, it says: 6 only going by what I was doing that day. 6 "Hi, Max, I have scheduled a 7 But I don't have everything. 7 showing at 429 Taconic at 2:00 p.m., Friday,

And that's fine. So Mr. de Neree, 8 it's the horse farm property up the road 9 I think, I don't think we have that document 9 from Miles home and he wanted to see it." 10 and I believe to the extent that agenda or 10 Do you see that? 11 calender of yours, to the extent that it 11 A Yes. 12 refer to meetings at the property, it 12 Q

13 probably would be technically responsive to 13 about? 14 our subpoena. I would ask you to provide a 14 MR. MAJOR: Objection to form. 15 copy of that after this, but obviously we 15 A

16 can redact it so that you don't have 16 expressed an interest either directly to me 17 personal stuff in there or whatever, but we 17 or via Max, I do not remember because I sent 18 can talk about that after the deposition 18 him information about this and it confirms 19 today. 19 that I set up the appointment for 2:00 p.m.

Okay. 20 on Friday.

22 pages in Exhibit 3, down from where we were 22 Miles was interested in potentially buying 23 for the March 5th, 2020 text messages. Text 23 other nearby properties? 24 message from you to Mr. Krasner, it starts 24 MR. MAJOR: Objection to form.

Yes.

And when you said up the road for 1 the communication. 2 Miles home, did you mean to say up the road 2 Q

3 from Miles home? 3 page, the May 21, 2020 text message it says:

5 MR. MAJOR: Objection to form. 5 me to find office space or farm near Indian

When you said Miles home, what 6 Harbor for Miles." 7 were you referring to? 7 Do you see that?

Yes.

Who is Gladys?

11 you're referring to 429 Taconic that, this 11 working for Miles and looking for office 12 is the last line of the second sentence that 12 space.

Do you know her last name?

No.

She said she worked for Miles?

Yes.

How did you know that he wanted to 17 Q

18 see the home? 18 was looking to acquire office space or farm

Because he told me so. 19 near Indian Harbor?

Yes. That's what I surmised from 21 it, yeah. 22 the message because I don't remember whether 22 Q

23 Max first said that Miles wanted to see it. 23 understanding for what purpose he was 24 Or whether Miles told me directly that he 24 looking for this office space? 25 wanted to see it. Again, I do not remember 25 A

1 out of I imagine. 1 may not have any other questions at

What about a farm, any 2 this time, but let me confirm that 3 understanding of why he was looking to 3

4 acquire a farm? 5 get back on.

6 MR. MAJOR: Objection to form. 6 MR. MAJOR: Okay.

No. He was looking for a good, I 7 going off the record. The time is 8 guess land investment that had a farm on it. Not necessarily working farm, he wasn't 8 11:50. 9 looking at that necessarily. But he looked 9 (Whereupon, a recess was taken 10 at property that was beautiful and large, 10 from 11:50 AM to 12:04 PM.) 11 multiple acres overlooking with good views 11 VIDEOGRAPHER: We are now back 12 and nice stream through it and that was 12 on the record, the time is 11:54. 13 about it. That's the information I got. 13 MR. BASSETT: So, Mr. de 14 And there weren't very many properties like 14 Neree, thank you again for your time 15 that available at the time except for the 15 this morning. I do not have any 16 one up the road, which I described was 16 other questions right now, although 17 14 million, he liked it, but he just thought 17 I do reserve the right to ask some 18 it was too much money. 18 followup questions after Mr. Major

Understood. Did you ever end up 19 asks his questions. So at this time 20 helping Miles actually buy and close on the 20 I will pass the witness. 21 purchase of any other properties? 21 EXAMINATION BY

No. 22 MR. MAJOR:

24 MR. BASSETT: Can we take 24 name is Chris Major. I'm at the law firm 25 another five to 10 minutes again. I 25 Meister, Seelig & Fein. We represent the

1 defendants in the adversary proceeding, Hing 1 form. 2 Chi Ngok and Greenwich Land, LLC. I've got 2 A

3 some questions for you covering some of the 3 see, no, only that there's a bankruptcy 4 subject matter you've testified to today and 4 proceeding involving this property and 5 some other questions for you as well. So 5 others, that's all. 6 that and the same ground rules will apply so 6 Q

7 please let me finish my question before you 7 involving this property, what do you mean by 8 start your answer and Mr. Bassett, who's 8 that? 9 representing the Chapter 11 Trustee in this 9 A

10 case, he may have objections to some of my 10 bankruptcy involving Miles and that's what I 11 questions. Are those ground rules okay with 11 was told, and this property's involved and I 12 you? 12 don't know what other properties could be

Yes. 13 involved, I have no other knowledge of

Okay. I want to give you one 14 anything else. 15 other very important instruction, which is 15 Q

16 you have been called to testify at this 16 bankruptcy involving Miles? 17 deposition as a fact witness and for that 17 A

18 reason, I want to ask you not to speculate 18 believe at one point they contacted me. 19 or assume things, but only testify to facts 19 Q What is Paul Hastings? 20 that you actually know and know directly, is 20 A The law firm Paul Hastings.

Yes. 22 plaintiff is in the lawsuit in which you're

Okay. First of all, do you know 23 testifying? 24 anything about what this case is about? 24 A

25 MR. BASSETT: Objection to 25 know for sure. The state is it? I don't

You've been referring to someone 2 confirm his identity during the time you had 3 named Miles today. Do you know that 3 in-person meetings with the person you refer 4 person's full name? 4 to as Miles?

6 Miles. He introduced himself as Miles. I 6 identify him. 7 didn't know his full name. I found out that 7 Q

8 he had a last name later, after I met him. 8 you've been referring to as Miles was 9 And did not know that he had other names 9 married? 10 that he went by, and I did not know some of 10 A Yes. 11 the names that were mentioned earlier in the 11 Q

12 deposition. 12 children?

Yes. 14 he went by other names. Is that what you 14 Q

15 just said? 15 children?

17 internet and more recently stories that came 17 known them at some point, but they may have 18 out about Miles, where he was named -- where 18 been introduced to me with their first 19 he had other names that he supposedly had 19 names. But I don't remember their names. I 20 been using. But I did not know those names 20 met his wife twice. Once at Wallacks Point 21 and I never heard those before. 21 during the negotiation about that property.

Did you ever see any government 22 And the second time I believe was at 373 23 issued photo identification of the person 23 Taconic with her two, one daughter, one son.

Do you speak Mandarin?

No. I do not.

So you would not understand a 1 place? 2 conversation if it took place in front of 2 A I do not recall.

Was it during 2023?

5 form. 5 taken place in '23. Honestly, it was a

I would not. 6 phone call. I had no notes of it or

You mentioned the law firm Paul 7 anything, just to -- 8 Hastings. When was the first time you spoke 8 Q

9 with someone from Paul Hastings regarding 9 was on the line when Mr. Despins called you? 10 Miles or the bankruptcy or any property, 10 A No. 11 including but not limited to 373 Taconic 11 Q

12 Road? 12 before today from Paul Hastings?

About this matter? 14 point by Luc, Luc, last name -- I think it 14 Q Yes. 15 was Lapin [sic]. And he mentioned that he 15 A

16 was in charge of the bankruptcy. No details 16 that point were in emails and notifications 17 on that, but just in case. And he said, 17 like that. I got served a subpoena to 18 your name has come up as having done 18 appear three times, I think. Once in 19 business with this person Miles. And he 19 Bridgeport, once in Stamford, and once in 20 said, we may have to depose you sometime in 20 New York City. And none of them ever 21 the future. And I said, fine. I mean, you 21 happened. I even went to New York City when 22 know, that was about it. So it was the 22 I wasn't needed. It didn't happen, in other 23 first I heard that there could be a 23 words.

When did that conversation take 25 you've exchanged with Paul Hastings?

notified. I didn't get back. Oh, the only

Sure. Are you a lawyer?

ones were the most recent ones that I saw

No. I'm not. I'm a realtor.

you guys were copied on, just having to do

with the timing of the deposition and that list of documents that have been filed in

it was going to be a Zoom as opposed to an the case and notices and things like that.

in-person and exactly when. That's it.

No, no. I have not.

That's the only communication that I have

about the -- and the other ones were just,

courthouse in Bridgeport as set forth in the

subpoena to appear and stuff. subpoena, right?

Correct.

that at a courthouse? Hastings?

Yes.

I believe so.

Did you go to the courthouse?

person was?

to, you know, everything was canceled.

communications were all with Avi Luft. I've

in this case? never met Avi Luft, but that's just a person

that from whom I got communication.

form.

tell you why your presence was not required

by "the docket"?

at the Bridgeport courthouse?

1 canceled, whatever, push forward, timing, 1 have to look that up. I don't know. Just 2 whatever. No. No reason. 2 by memory.

4 the first time, what did he tell you about 4 received a subpoena to show up in New York 5 the case? 5 City, correct?

Yes.

8 your name on documents involving the 8 say that you actually traveled to New York 9 purchase of 373 Taconic, and it's involved 9 City pursuant to that subpoena; is that 10 in a bankruptcy proceeding. No details 10 correct?

12 And, as I said, he said, we may 12 I recall, I was served, somebody came to my 13 have to subpoena you or you may have to 13 house with a subpoena, I was served. The 14 testify or something like that. I don't 14 date was whatever. I decided head into the 15 recall what he said exactly, but something 15 city. And then I called the firm to confirm 16 along those lines. And I said, well, I hope 16 the details of timing and where to go and so 17 not. But other than that, you know. 17 forth and so on. And they said no, no, no,

You mentioned that you were once 18 there's no deposition today, and there's 19 subpoenaed to show up in Stamford, 19 no -- so, apologies, but, no, it's not 20 Connecticut, I believe, right? 20 happening today.

Do you recall when that was? 22 details. But, as I said, there were several 22 A When that was? 23 locations. The first one I believe was 23 Q Yes. 24 Bridgeport. And the second one was a 24 A

25 location I thought in Stamford, but I would 25 May or June.

Of 2023? 1 around and went home.

3 the last one that was canceled, I believe. 3 to Grand Central?

5 subpoena? 5 to Stamford.

7 know. Here it is. Yes. I'll show you the 7 you spoke with? 8 document right here. It says 10:00 a.m. on 8 A

9 May 12, and the location is Paul Hastings. 9 with. It could have been Avi or -- I don't

Can you determine from looking at 10 remember. Or it could have been Luc Lapin 11 it who signed that subpoena on behalf of 11 (sic). But I don't remember the specific 12 Paul Hastings? 12 conversation, other than, sorry, it's a 13 MR. BASSETT: Objection. 13 mistake and we're not having it.

15 you can tell for yourself. 15 City that day, you had spoken with

Could I ask you to hold that up 16 Mr. Despins, right?

(Witness complies.) 18 before that.

20 Hastings after receiving that subpoena? 20 before traveling to New York City that day?

I don't think so. 22 somebody to find out where to go and which 22 Q

23 room and so forth and so on. And they said, 23 looking at the subpoena that's in front of

25 we're so sorry, but this was a mistake and there is no deposition today. So I turned 24

Hastings, right?

That was it. That was all.

3 printed. There's just a signature on it. 3 documents to them? 4 And, as I said, I believe I got this served 4 MR. BASSETT: Object to form. 5 by someone who came from New York City to 5 A

6 serve me with this. And it was like on a -- 6 of a document request, right? 7 it was maybe a week or two before the date 7 Q

8 by memory. 8 asking.

10 than Mr. Despins before traveling to New 10 document request that I got where they said 11 York City that day? 11 we need all communication, this, that and

No. I don't recall. 12 the other. And at some point I told them

Is it therefore likely that the 13 that I had, you know, no emails because my 14 person you called at Paul Hastings while 14 email account had been deleted according to 15 traveling to New York City was Mr. Despins? 15 Coldwell Banker. And that I had supplied 16 MR. BASSETT: Object to form. 16 everything that I had.

Yes. It's possible. But I also 17 And at some point in time they 18 had communication from Avi and this other 18 said, well, don't you have anything like 19 person you referred to, Laff, Raft, or 19 texts, and I said, yes, but I don't know how 20 something like that. But, no, I was not -- 20 you can copy texts. And at some point I 21 I don't remember speaking to anyone. 21 figured out how to do that. And I believe

What else did the person from Paul 22 it was on a computer, that you can copy and 23 Hastings tell you in addition to the fact 23 print texts. And I scanned those and sent 24 that you did not need to come to their 24 them as part of the documents that I had.

1 documents to Paul Hastings? 1 noticed there were a lot of other people

I believe it was after the first 2 mentioned, and I was mentioned on one of 3 subpoena. I don't even know -- there is 3 them, and that's all. 4 one -- so this is the -- you can see the 4 Q

5 size of this. This is the first thing that 5 Mr. Lindsay's signature? 6 I got in via FedEx. And it doesn't have a 6 A

7 date on it. 7 document that you mentioned, there -- yeah.

Can you -- I think if you flip 8 Dated March 24, 2023, Newhaven, Connecticut. 9 through, and the first time you get to a 9 Q

10 signature, whether that signature be an ink 10 documents to Paul Hastings? 11 signature or an electronic signature, 11 A

12 there's probably a date near it. 12 the exact dates, but I do remember first

I mean, I got this, my firm got 13 checking with my previous coworkers and 14 this, and we all responded. I spoke to the 14 bosses at Coldwell Banker, and, ultimately, 15 lawyer at Coldwell Banker, and he said, yes, 15 with the chief legal counsel. Specifically 16 we got the same and we supplied whatever 16 because a lot of the documents they 17 information we had or they requested. 17 requested I didn't have access to. I didn't 18 It's Luc Lapin, Chapter 11 18 have emails. I just had a file. 19 Trustee, by S Patrick R Lindsay, of Neuberg 19 So I don't have a lot of documents 20 Pepe & Monteith, 196 Church Street, 13th 20 other than what you saw today, offer to 21 Floor, Newhaven, Connecticut. Counsel for 21 purchase, representation agreement, 22 the Chapter 11 Trustee. I mean, this is a 22 ultimately a contract. And that was it. So 23 very big document with a lot of questions. 23 I didn't have much to offer. And I was told 24 I did not read the whole thing. I did not 24 that Coldwell Banker would -- 'cause they 25 read -- I read a couple of pages where I 25 would have the exact same documents, had

1 already submitted those documents. 1 have also been subpoenaed. But I don't even

When you -- on the day you 2 remember the name of that broker. It was 3 traveled to New York City, by that date had 3 someone I didn't really know, but I didn't 4 you previously provided documents to Paul 4 discuss it.

Was it Martha Jeffrey?

How did you send the documents to 7 confirm, but sounds familiar.

Electronically, via email, as 9 with the broker who asked you whether you 10 attachments, I believe. 10 had been subpoenaed?

So you could determine the date on 11 A

12 which you sent those documents by looking at 12 had a listing and I was looking at the 13 your email, correct? 13 house. And she knew that -- what I found

Probably. 14 out after Miles had purchased the house,

And I may ask you to do that 15 that even though I had an exclusive right to 16 during a break, just to check your sent 16 be his broker, he worked with many other 17 items to see when you sent those documents 17 brokers in Greenwich. And that's all I 18 to Paul Hastings. 18 knew. 19 Did you -- other than speaking 19 And I know of one other or two 20 with former colleagues at Coldwell Banker 20 other names that I heard, but I never 21 and with Paul Hastings, have you discussed 21 checked into it because I didn't care. I 22 the subpoenas you received with anyone else? 22 mean, it was not -- I never thought that I

No. There was some broker at one 23 would be the only person he would ever talk 24 point who said, have you been subpoenaed, 24 to. So it was irrelevant to me. 25 and I said, yes, because of -- she said, I 25 Q

1 had an exclusive with Miles. Do you have 1 Q

2 any document signed by this person named 2 right? 3 Miles where he agreed that you would be his 3 MR. BASSETT: Objection to 4 exclusive broker? 4 form.

Correct. 6 out. Even though it was not Miles who 6 Q

7 obviously signed this, it was Max Krasner 7

9 who did. And it said Hudson Diamond. And 9 Diamond participated in? 10 that was the document I got to represent 10 A No.

11 Miles in the transaction that ultimately 11 transactions in which the buyer on the 12 took place a year later. 12 contract was named Miles?

14 Miles, but the exclusive right to represent 14 MR. BASSETT: Objection to form. 15 buyer agreement, which I think is what you're referring to; is that correct? 15 A No.

And that was marked as Exhibit 2 17 knew as Miles owning and having title to any 18 to your deposition today, correct? 18 property in Greenwich, Connecticut?

And the buyer that's listed on 20 form. 21 that the document is Hudson Diamond, 21 A

22 correct? 22 the person who showed up. He was the person 23 MR. BASSETT: Objection to 23 who arranged the payment of the transfer of 24 form. 24 funds. He, through his assistant,

That's correct. 25 instructed me on -- on these matters. But,

2 no, I had no proof. As you earlier said, I 1

3 never asked for his official identification.

You said he arranged for the 3 Banker, do anything to diligence the source 4 4 of the funds for its commission? 5 transfer of the funds. What did you do to 5 MR. MAJOR: Objection to form. 6 diligence the source of funds that were used 6 A No. 7 to purchase the property at 373 Taconic Road

the source of the funds for the commission 8 MR. BASSETT: Objection. 8 that was paid to your prior firm?

Just to clarify.

That was not my function. Once we 10 Commission is paid by the seller's 11 have an accepted offer, all details are 11 attorney. So the commission itself did not 12 negotiated and discussed between the two 12 come from the buyer. 13 lawyers. The selling or seller's attorney 13 Q

14 and the buyer's attorney. And so I was left 14 is not sending you its own funds, right 15 out of any discussion as to where the funds 15 they're sending funds from the sale? 16 were coming from and how and all that stuff. 16 MR. BASSETT: Objection to

Your prior firm received a 17 form. 18 commission in connection with the purchase 18 A Yes. 19 of the 373 Taconic Road in the Greenwich, 19 Q

20 Connecticut, right? 20 your prior firm do anything to diligence the

Right. 21 source of the purchase proceeds for 373

And from that commission that your 22 Taconic Road in Greenwich, Connecticut? 23 prior firm received, you received a share of 23 A No.

Right. 25 provided the money to purchase that the

2 property, correct? 2 of this -- of my questioning; I want to 3 MR. BASSETT: Objection to 3 avoid you speculating. So when you say as 4 form.

No. 4 far as you were concerned it was Miles, that

I just want to make sure the 5 was your assumption, right?

Correct. 6 record is clear. 6 MR. BASSETT: Objection -- 7 You're agreeing that you have no 7 object to the form. 8 knowledge about the source of funds used to 8 Q

9 purchase 373 Taconic Road in Greenwich, 9 what bank account sent money to the seller's 10 Connecticut? 10 lawyer at the closing? 11 MR. BASSETT: Same objections. 11 MR. BASSETT: Same objection.

No. 13 have for that is that I arranged for the 13 Q

14 funds to be there through Max and the 14 the account holder that sent money to the 15 lawyer. And Max and the lawyer arranged for 15 seller's lawyer? 16 the funds to purchase the home. And those 16 MR. BASSETT: Same objection. 17 funds came through on time, but I had no 17 A No. 18 responsibilities to where those funds came 18 Q

19 from and I had no knowledge either. 19 individual or an entity, right?

You had no knowledge of where the 20 MR. BASSETT: Same objection.

No. I mean, they came from the 22 would have known that. 23 buyer and that's, you know, as far as I was 23 Q

25 concerned it was Miles.

25 deposition, Mr. de Neree. I just want to know what you know.

No. 2 is?

4 the purchase proceeds to the seller's lawyer 4 not met him. So, I would imagine that 5 was an individual or an entity? 5 he's -- he had --

7 form. 7 to know if you know how old he is?

No. I don't.

10 the account that sent the purchase proceeds 10 Mr. Krasner? 11 to the seller's lawyer, you don't know who 11 A

12 owns that entity? 12 the texts end. Let me look that the date. 13 MR. BASSETT: Same objection. 13 August 23, I would imagine that

Did Mr. Krasner attend any of the 15 communication with him.

No. 17 messages earlier during the deposition by

Did you ever meet Mr. Krasner in 18 Mr. Bassett. And on at least one occasion, 19 person? 19 perhaps more, you arranged for meetings

No. 20 at -- at a property in Greenwich,

Did you do any diligence to 21 Connecticut by texting with Mr. Krasner; is 22 determine if the person you were speaking to 22 that correct?

That's correct.

No diligence, no. 25 right?

That's correct. 1 or wire transfer?

You testified in response to one 2 MR. BASSETT: Objection as to 3 of my questions a little while ago, that at 3 form. 4 373 Taconic Road in the Greenwich, 4 A

5 Connecticut you met Miles' wife and his son 5 way or the other via Max. Because Max was 6 and his daughter, correct? 6 instructed -- you know, I gave Max the

Correct. 7 contact information and so on and so forth.

Was the inspector paid in cash? 9 Road was something you arranged through 9 A

10 Mr. Krasner? 10 MR. BASSETT: Form.

-- know.

13 Mr. Krasner, Miles' wife and his son and his 13 inspector cash? 14 daughter appeared at the property? 14 A No.

You testified earlier in a 16 form. 17 response to a question by Mr. Bassett that 17 Q

18 Miles paid directly for the inspection, was 18 inspector a check? 19 that at 373 Taconic Road in Greenwich 19 A No.

Yes. 21 wire transfer to the inspector?

Do you recall who performed the 22 MR. BASSETT: Objection.

No.

An independent inspector.

was paid?

Case 22-50073 Doc 2292-39 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 26

No, I don't recall. But the 1 it just said everything's fine. 2 amount would have been under a thousand -- 2 Q

3 somewhere around \$1,200, maybe for a house 3 funds that were for any payment to any 4 that big. 4 inspector regarding 373 Taconic Road in

You're basing that on your 5 Greenwich, Connecticut? 6 experience in the real estate industry, 6 A No. I do not.

Correct and having dealt with an 8 could look at Exhibit 3, which are the text 9 inspector before. 9 messages.

Tab 3, yeah. Yeah. 11 recalling what the charge was for this 11 Q

12 particular inspection at 373 Taconic Road in 12 message from January 22, 2019 at 3:38 p.m.? 13 the Greenwich, Connecticut, right? 13 A

No. I did not receive a copy of 14 what did you say? 15 the report. I don't have a copy of the 15 Q January 22, 2019. 16 report. It was paid by the buyers via Max 16 A Okay. 17 Krasner. And there was also -- there was an 17 Q

18 inspection report of the building, there was 18 Mr. Bassett earlier. The next text jumps 19 an inspection separately done of the septic 19 more than a year ahead, to 20 system by Bond, he was paid, also, 20 February 11, 2020. Do you see that? 21 separately. And there must have been 21 A Yeah. 22 something about the water, the well, that 22 Q It says: 23 they inspected because I do have a copy of 23 "Also, if you think there are 24 that report. I don't know for what reason 24 other options that might interest Miles, 25 I've got it, but I found it in my file. And 25 please forward and we will review them."

1 Do you see that? 1 it. I'm just asking you that it's certainly

Yes. 2 a possibility that there's a missing text

have been a proceeding message, right? 3 4 messages or missing text messages in this 5 Because someone wouldn't write more than a 5 chain?

6 year later a sentence that starts "also," 6 form. Counsel, I'll remind you that 7 wouldn't there be some form of introduction 7 you took pains to ask him not to 8 to recognize the passage of more than a year 8 speculate.

You can answer the question, sir.

11 form. 11 assume that's possible.

13 conversation. 13 on your -- on your -- either on your phone

Probably? 14 or on your Mac, correct? 15 Do you remember a telephone 15 MR. BASSETT: Objection. This 16 conversation? 16 is getting ridiculous.

I have not deleted any messages.

Q You're phone is capable of deleting messages, correct?

MR. BASSETT: Objection. A Yes. But I -- I have had no reason to delete messages. I never delete messages. Messages are kept forever. Q Your Mac is capable of the deleting text messages, correct?

Q Is there a chance that there are messages that are missing from this text

chain?

form.

that at all. Case 22-50073 Doc 2292-39 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 27

1 MR. BASSETT: Objection. 1 particular in Greenwich, but elsewhere, it's

I assume so. 2 not uncommon for residential properties to

Do you know who owns Greenwich 3 be owned by limited liability companies, 4 Land, LLC? 4 right?

Correct.

Other than the lawyer who received 7 liability company is owned by its member or 8 the funds to buy the purchase in the name of 8 members? 9 Land, LLC, no. I -- I can only assume that 9 A Yes. 10 the money came through and that the purchase 10 Q

11 went through. That's it. I don't -- 11 to a stockholder of a corporation, right?

I guess.

No source of funds. No source of 14 member of Greenwich Land, LLC? 15 funds. Well, I know that Miles instructed 15 A No. 16 the purchase and that's as far as I know. 16 Q

Okay. Let's -- let's talk about 17 did you do anything to determine who the 18 that. 18 member or members were of Greenwich Land, 19 When you say "Miles instructed the 19 LLC? 20 purchase," were you privy to conversation 20 A No.

22 MR. BASSETT: Objection to 22 withdrawn. 23 form. 23 Do you know what language or

No. 24 languages Miles' wife speaks?

You testified that you -- that 25 MR. BASSETT: Object to form.

I do not. Chinese. I don't even 1 from 1:00 PM to 1:19 PM.) 2 know, Mandarin or Cantonese. Chinese, 2 VIDEOGRAPHER: We are now back 3 that's all I know. Very limited English. 3 on the record. The time is 1:19.

5 capacity as broker receive a copy of the 5 6 that you're still under oath? 6 purchase contract for 373 Taconic Road in 7 A Yes.

Yes. 9 partner of Paul Hastings in connection with a potential real estate transaction?

11 contract? 11 at the time is a friend and client.

Greenwich Land, LLC.

13 13 referred other potential clients to you?

Connecticut with a different buyer listed? 14 MR. BASSETT: Objection to

No. 15 form.

17 17 but yes he has definitely promoted me and

10-minute break, Mr. de Neree, if 18 helped me get other listings or buyers. 19 that's okay with you, and then we'll 19 Q

20 20 transactions for his brother, Chip? 21 come back on the record. THE WITNESS: Yeah. 21 MR. BASSETT: Object to form.

Yes. I have.

24 1:00 p.m. 24 from Chip Kruger? 25 (Whereupon, a recess was taken 25 A

1 specifically, but it wouldn't surprise me if 1 house? 2 I got recommended by him to someone else 2 A Yes. 3 whom with I subsequently had some business. 3 Q

I want to ask you some questions, 4 daughter communicating with Miles's wife? 5 Mr. de Neree, about the time you were at 373 5 A

6 Taconic Road property when Miles' wife, son 6 specifically, I don't have any specific 7 and daughter were there. The first question 7 recollection of that. 8 is, I assume you greeted Miles's wife in 8 Q

9 some fashion notwithstanding the language 9 Mile's wife, son and daughter?

Yes.

Did you speak with Miles' son? 12 taking place in a Chinese language whether

I don't remember a conversation 13 that be Mandarin or Cantonese? 14 with his son. I do remember a conversation 14 A Yes. 15 with his daughter. She told me she was a 15 Q

16 film student in New York and it happened to 16 being said, right? 17 be that my son was a film student not in New 17 A Correct. 18 York, but there was some commonalities so we 18 Q

19 talked about the film business and the film 19 for you? 20 study that she was going through. 20 A No.

Yes. 22 place in a Chinese language, whether that be

Did they go inside the house? 23 Mandarin or Cantonese, that was a

Yes. 24 conversation among Miles' wife, son and

Did they walk around inside the 25 daughter, right?

1 MR. BASSETT: Object to form. 1 MR. BASSETT:

Okay. 3 right, Miles, his wife, and his son, and his 3 Q

4 daughter, they spoke amongst themselves in 4 having my colleague please put another 5 Chinese at times. 5 exhibit, which is a picture, into the chat.

While they were walking around the 6 And this will be marked as de Neree 7 interior of the house? 7 Exhibit 7, I believe.

Correct. 8 (Whereupon, Picture of Miles Guo

And perhaps also on the grounds of 9 was marked as Exhibit 7 for 10 the property? 10 identification as of this date.)

Yes. I have it.

13 sir. Mr. de Neree, the meeting at 373 13 person in this picture? 14 Taconic Road in Greenwich, Connecticut that 14 MR. MAJOR: Objection to form. 15 was attended by Miles's wife, the son and 15 A Miles. 16 daughter, did that happen before closing of 16 Q

17 the purchase of 373 Taconic Road? 17 been referring to throughout your testimony

Yes. 18 as Miles?

Yes. 20 much for your time, Mr. de Neree. 20 Q

21 We have no further questions at this 21 him on multiple occasions?

Correct.

25 additional questions, Mr. de Neree.

25 examination by Mr. Major about Mr. Krasner, and I believe what you told me this morning

1 is, the individual you've been referring to 1 Mr. Krasner about arranging times to see the 2 as Mr. Krasner contacted you about helping 2 property; do you remember that? 3 Miles find a property to buy, correct? 3 A Correct.

That's correct. 5 people would show up a certain time,

And based on your interactions 6 correct? 7 that you describe that you had with Miles, 7 A That's correct. 8 do you have any reason to believe that the 8 Q

9 person that you've been describing as 9 up was Miles? 10 Mr. Krasner did not have authority to act on 10 A Yes.

12 MR. MAJOR: Objection to form. 12 Mile's wife, do you know her name?

No. I don't.

15 that you had with Miles in person, he told 15 this meeting that you were describing where 16 you to work with this person you've been 16 the wife, the son and daughter were present, 17 referring to as Mr. Krasner to help complete 17 was Miles also there? 18 the purchase of the property at Taconic 18 A Yes.

20 MR. BASSETT: Objection to 20 who the members who own -- member or 21 form. 21 members, who own Greenwich Land, LLC., are,

That's correct. 22 do you remember that?

That's correct. 24 we looked at when you wear talking about 24 Q

25 showing properties and you were texting with 25 interactions with Miles and Mr. Krasner that

1 you discussed, it was your understanding

No. 2 that Miles ultimately was the one who was 2 Q

3 making the decision as to buy the Taconic 3 about business relationship properties you 4 Road property, right? 4 had sold for Mr. Tom Kruger, a partner at 5 MR. MAJOR: Objection to form. 5 Paul Hastings; do you remember that?

Yes.

8 use, in your experience as a realtor, LLCs 8 partner at Paul Hastings? 9 to complete their property purchases? 9 A

That's correct. 10 year.

12 was happening here with respect to Greenwich 12 Mr. Kruger about any of the substance 13 Land and Miles, correct? 13 related to this case at all?

15 MR. MAJOR: Objection to form. 15 mentioning that I had been subpoenaed. And

In all of your interactions with 16 he said, you know, you better check with 17 Miles and Mr. Krasner, did you ever come to 17 your legal department at Coldwell Banker, 18 have an understanding that anyone other than 18 make sure that you're properly represented 19 Miles was making the decisions with respect 19 and so forth and so on, that's all I 20 to the purchase of a Taconic Road property? 20 remember him advising me.

22 MR. MAJOR: Objection to form. 22 this case, to your knowledge?

No. 24 wife was the one who was purchasing the 24 Q

25 Taconic Road property? 25 Mr. Kruger in any way impacted the

212-400-8845 - Depo@TransPerfect.com TransPerfect Legal Solutions

1 truthfulness of your testimony here today? 1

7 concludes today's deposition. We before me on this ____ day

of ___________, __________.

10 COURT REPORTER: Mr. Bassett, Notary Public

21 probably should have a rough, just 21

A Shorthand Reporter and Notary Public of the

State of New York, do hereby certify:

hereinbefore set forth, was duly sworn or

affirmed by me, and the foregoing transcript is

a true record of the testimony given by such

witness.

I further certify that I am not related to any

of the parties to this action by blood or

marriage, and that I am in no way interested in

the outcome of this matter.

Case 22-50073 Doc 2292-39 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 31

Reason codes: 1. To clarify the record. 2. To conform to the facts. 3. To correct transcription errors.

From ___________________ to_________________

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212-400-8845 - Depo@TransPerfect.com TransPerfect Legal Solutions

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Case 22-50073 Doc 2292-39 Filed 10/26/23 Entered 10/26/23 20:46:12 Page 39

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212-400-8845 - Depo@TransPerfect.com TransPerfect Legal Solutions

nonbinding 51:8,21 53:19 39:24 40:15 opposed

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> 212-400-8845 - Depo@TransPerfect.com TransPerfect Legal Solutions

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7:2 5:12 48:5,10 WBAM_009051 63:15 83:16 12:2 13:3,6 65:6,11 100:22 52:1,17 112:16 working

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