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IN THE CIRCUIT COURT OF

THE 11TH JUDICIAL CIRCUIT


IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
CASE NO.: 12-12816-CA-40
MICCOSUKEE TRIBE OF INDIANS
OF FLORIDA,
Plaintiff/Counter-Defendant,
v.
GUY LEWIS, MICHAEL TEIN, and
LEWIS TEIN, PL,
Defendants/Counter-Plaintiff.

LEWIS TEIN'S SUPPLEMENTAL MEMO SUPPORTING SANCTIONS


AND REFERRALS FOR INVESTIGATION INTO CRIMINAL CONDUCT
1.

Recent depositions show that the Tribe, through its attorney Bernardo

Roman, has conspired with the attorneys for the Bermudez plaintiffs (Ramon
Rodriguez, Dennis Whittelsey and Andrew Harris "RWH"), their unlicensed
"private investigator" Darren Bock, and new defense counsel (Jose "Pepe"
Herrera) for Bermudez defendant Jimmy Bert, to obstruct justice.
2.

Among other things, the object of this conspiracy was to obstruct

justice by tampering with witnesses Jodi Goldenberg, Jimmy Bert, and Tribe ViceChairman Jasper Nelson. The manner and means of this conspiracy included the
following overt acts:

26035186.1Carlton Fields,P.A.
Miami Tower - 100 Southeast Second Street, Suite 4200 - Miami - Florida 33131-2114 - 305.530.0050

CASE NO.: 12-12816-CA-40

a. Bernardo Roman attempted to convince the Tribe's senior


accountant, Jodi Goldenberg to testify falsely at her deposition,
and when she refused, he fired her on the eve of her deposition.
b. Bernardo Roman and "Pepe" Herrera worked in concert, along
with Tribal "Judge" Pete Osceola, to obtain a false sworn
statement from Tribe member Jimmy Bert, purporting to deny the
existence of loans for legal fees.
i. When we deposed Bert, however, he readily admitted the
truth and revealed Bernardo Roman and "Pepe" Herrera's
attempt to manufacture his false testimony in the prior sworn
statement.
ii. By that time, Herrera had secretly provided the sworn
statement to the RWH Bermudez lawyers, who represented
his client's adversaries.
iii. Herrera filed the false statement with the Court requesting
affirmative relief based on the false statement.
iv. Herrera, in concert with Bernardo Roman and RWH, filed
the false statement in support of his phony "withdrawal" of
his client's earlier motion to sanction RWH for filing false
perjury allegations against Lewis Tein.
v. Herrera withheld the sworn statement from the undersigned
until after his client's deposition, despite having provided it
to RWH, the lawyers for his client's adversary.
c. After Tribe Vice-Chairman Jasper Nelson testified about the
existence of loans to Lewis Tein's clients for their legal fees,
Bernardo Roman and others attempted to remove Nelson from his
elected office in an effort to intimidate him and other Tribal
officials and employees from testifying truthfully in the future.
d. The Tribe, through Bernardo Roman, concealed "smoking gun"
documents from discovery in this case. Specifically, they knew
about but failed to produce copies of Lewis Tein's invoices for the
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CASE NO.: 12-12816-CA-40

Bermudez matter, containing specific signed notations and attached


loan documentation.
i. These items prove, by themselves, that Lewis Tein's
testimony in the Bermudez proceeding was true, and that the
Tribe's allegations here are false.
ii. Copies of these invoices and the attached documentation
were retained by Ms. Goldenberg after the Tribe fired her.
She produced them at her deposition, on Friday February 1,
2013. A copy of that deposition is attached hereto.
iii. These documents were the product of an open procedure of
review and processing by multiple departments within the
Tribe's accounting and legal function, and their existence is
well-known throughout the Tribe's accounting and legal
departments.
iv. The originals are in the custody of the Tribe.
v. The Tribe has not produced them in response to discovery.
e. Knowing of the existence of documents, including concealed
documents, that prove Lewis and Tein told the truth, Bernardo
Roman has repeatedly represented to Judge Dresnick, this Court,
the U.S. District Court and the Third District Court of Appeals that
Lewis Tein's representations were "false" and "falsities."
3.

Lewis Tein has served subpoenas on RWH, Herrera and Bock for

depositions and documents relating to their communications and payments


between them and the Tribe's attorneys. Despite this Court's having ordered their
depositions, these deponents have refused to appear, claiming scheduling conflicts,
"attorney-client" privilege with their adversary, and other frivolous objections.

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CASE NO.: 12-12816-CA-40

WHEREFORE, Lewis Tein requests the following relief:


(1)The Tribe's lawsuit should be dismissed forthwith.
(2) Sanctions in the form of defense costs should be awarded to Lewis Tein.
(3)The Tribe's attorneys, Bernardo Roman, Yesenia Rey and Yinet Pinot
should be referred to the Florida Bar.
(4) This Court should refer the conduct of attorneys, Bernardo Roman, Yinet
Pinot, Yesenia Rey, Ramon Rodriguez, Dennis Whittlesey, Andrew
Harris, Jose "Pepe" Herrera and their unlicensed "private investigator"
Darren Bock, to the State Attorney's Office and /or the United States
Attorney's Office for investigation regarding obstruction of justice,
witness tampering and fraud.

Respectfully submitted,
CARLTON FIELDS, P.A.

By:

b(Ar

u A. Calli
Florida Bar No. 994121
Joseph Ianno, Jr.
Florida Bar No. 655351
pcalli@carltonfields.com
Email:
j ianno@carltonfields.com
cbussone@carltonfields.com
miaecf@cfdom.net
Attorneys for Defendants / CounterPlaintiff Lewis Tein
100 S.E. Second Street, Suite 4200
Miami, Florida 33131

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CASE NO.: 12-12816-CA-40

CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a copy of the foregoing was furnished via
email this 4th day of February, 2013 to: BERNARDO ROMAN III, ESQ.,
Miccosukee Tribe of Indians of Florida, P. 0. Box 440021, Tamiami Station,
Miami, FL 33144, Telephone: (305) 894-5214; Facsimile: (305) 894-5212; Email:
bromanlaw@bellsouth.net, JOSE M. HERRERA, ESQ., 2350 Coral Way, Suite
201 Miami, FL 33125, Telephone: (305) 445-1100, Facsimile: (305) 221-8805,
Email: jmh@herreralawfirm.com, vrodriguez@herreralawfirm.com ,
gaguilera@herreralawfirm.com , DENISE V. POWERS, ESQ., 2600 Douglas
Road, Suite 607, Coral Gables, FL 33134, Email: dvpowers@bellsouth.net,
ANDREW HARRIS, ESQ., 444 West Railroad Avenue, West Palm Beach,
Florida 33401, Email: aah@flappellatelaw.com, DANIEL BACHI, ESQ., Sellars,
Marion & Bachi P.A., PO Box 3767, West Palm Beach, FL 33402, Email:
dbachi@smb-law.com, RAMON RODRIGUEZ, ESQ., 782 N.W. LeJeune Road,
Suite 537, Miami, FL 33126, rmr.lawoffice@att.net , MARIA L. RUBIO, ESQ.,
9100 South Dadeland Blvd., One Datran Center, Suite 1510, Miami, FL 33156,
Email: maria@marialrubio.com.

FI bar

1-01, 1

ul A. Calli
Florida Bar No. 994121

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Carlton Fields,P.A.
Miami Tower - 100 Southeast Second Street, Suite 4200 - Miami - Florida 33131-2114 - 305.530.0050

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1

IN THE CIRCUIT COURT OF THE 11TH


JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA

EXHIBITS

GENERAL JURISDICTION DIVISION


CASE NO.

12-12916 CA-40

MICCOSUKEE TRIBE OF INDIANS OF


FLORIDA,
Plaintiff,
vs.
GUY LEWIS, MICHAEL TEIN,
LEWIS TEIN, P.L.,

Page
Description
Exhibit No. 1
Exhibit No. 2
Exhibit No. 3
Exhibit No. 4
Defendant's Exhibit No. 5
Exhibit No. 6
Plaintiff's Exhibit No. 1
Witness Exhibits No. 1 & 2
Witness Exhibit No. 3

and

Defendants.

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152
184
198

LEWIS TEIN, PL
Counter-Plaintiff,
vs.
MICCOSUKEE TRIBE OF INDIANS OF
FLORIDA,
Counter-Defendant.

Carlton Fields
100 S.E. Second Street
Suite 4200
Miami, Florida 33131
February 1st, 2013
12:14 p.m. - 6:20 p.m.

DEPOSITION OF JODI RAE GOLDENBERG


Taken before JOANNE CAUDILL, Court Reporter and Notary
Public in and for the State of Florida at Large, pursuant
to Notice of Taking Deposition filed in the above cause.

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APPEARANCES
On behalf of the

THE VIDEOGRAPHER: We are now on the

Plaintiff:

BERNARDO ROMAN III


ATTORNEY AT LAW
1250 SW 27th Avenue
Miami, Florida 33135
BY:
BERNARDO ROMAN, ESQUIRE
BY:
VIRGINIA LEE PEREZ, ESQUIRE
BY: YIN ET PINO, ESQUIRE

video record.

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Today is Friday, the


February, 2013.

On behalf of the Defendant:


CARLTON FIELDS
100 SE Second Street
Suite 4200
M lam i, Florida 33131
PAUL A. CALLI, ESQUIRE
BY:
BY: CHARLES P. SHORT, ESQUIRE

Street, Miami, Florida for the purpose of

taking the videotape deposition of Jodi

Goldenberg.
The case is

of Florida versus Guy

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Lewis Tein,

The court reporter is Joanne Caudill and


the video is Don Savoy, both from

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Deposition

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JODI RAE GOLDENBERG


DIRECT EXAMINATION
BY MR. CALLI:
CROSS EXAMINATION
BY MR. ROMAN:
REDIRECT EXAMINATION
BY MR. CALLI:

Esquire

Solutions.

Will counsel please announce their


appearances for the record.

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PAGE:

Lewis, Mike Tein and

PL.

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W ITN ESS:

Miccosukee Tribe of Indians

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INDEX

The time is 12:14 p.m..

We are here at 100 Southeast Second

On behalf of the Deponent:


REYES LAW GROUP
2924 Davie Road, Suite 102
Davie, Florida 33314
BY: CARLOS J. REYES, ESQUIRE
BY: STEPHEN LOPEZ, ESQUIRE
BY: HOW ARD M. SCHEINBERG, ESQUIRE

1st day of

MR. CALLI:

My name is Paul Calli, along

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with Chaz Short; we're from

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We represent Guy Lewis, Michael Tein and the

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Lewis Tein

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Law

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Miccosukee.

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an

Fields.

Firm.

MR. ROMAN:

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Carlton

Bernardo Roman on behalf of

With me are Virginia

Perez

d --

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MS. PINO:

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MR. REYES:

Yinet Pino.
Carlos Reyes from

the Reyes

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objection, you have to wait until the objection is made

and any responses given. In almost all the cases you'll

was called as a witness by the Defendants and having been

still be able to answer the question. The objection is

first duly sworn, testified as follows:

for purposes of preserving the record and arguing it at

Law Group; my colleague Stephan Lopez and


Howard Scheinberg on behalf of Ms.
Goldenberg.
Thereupon:
JODI RAE GOLDENBERG

The subpoena?

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down a nod of the head and particularly the words or

MR. LOPEZ: The subpoena duces tecum that

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sounds uh-huh and huh-uh don't really show up well; do you

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understand?

Ms. Goldenberg, please state your full name for

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the record.

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A.

Jodi Rae Goldenberg.

Q.

Can you spell all three parts of your name,

please.

Q.

J-o-d-i R-a-e G-o-l-d-e-n-b-e-r-g.


Okay.
You're here today to give a deposition orally and

have had documents subpoenaed; have you been provided by


your attorney with a copy of that subpoena or discussed it
with him.

A.

know what it is exactly you're being asked. If there's an

trial. If there is some other objection that's different

BY MR. CALLI:

A.

including yours, you need to hear the question so that you

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DIRECT EXAMINATION

Q.

For the record, for everybody's own good,

I showed you.
THE WITNESS: The one that came to my -MR. LOPEZ:

No, the one that he sent to

than that, we'll deal with it and you'll know, you have
your lawyers here. You're free at any time to take a
break for any reason

A.

Okay.

Q.

--

--

to use the restroom, to get fresh air, to get

something to eat, or to speak to your lawyers for any


reason. If at any time you feel uncomfortable, you should
stop the deposition and let us know.

A.

Okay.

Q.

You have to answer yes or no to any question.

Even though there is a videographer present, the


stenographer is critically important.

She cannot take

A.

Yes.

Q.

Most importantly, if you don't understand a

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the -- he served electronically that I showed

question, do not guess, just say I don't understand, could

you.

you re-ask; do you understand?

THE WITNESS: Okay, yes.


BY MR. CALLI:

A.

Yes.

Q.
A.

What was your last job?

Q.
A.
Q.

Do you hold any professional licenses?

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ago, I'm an attorney defending Mike Tein, Guy Lewis and

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their law firm against a lawsuit filed by the Miccosukee

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Tribe, and I'm going to ask you some questions today that

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are relevant to that lawsuit; do you understand?

Q.

You mentioned the one that came to your house

that was for a prior deposition setting, we'll talk about

that.

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You're aware you're here under subpoena today?

A.

Yes.

Q.

My name is Paul Calli. As I said a few moments

I was an accountant for the Miccosukee Tribe.


No.
Approximately, for how long were you an

accountant for the Miccosukee Tribe?

A.

This March would have been 21 years.

Q.

You don't look old enough to have worked there

21 years.

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purpose of the record, I will go over them briefly. You

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should wait until I complete, or anyone completes

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answering a question or making a statement before you

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begin to answer it so that, number one, the court reporter

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maybe he wanted me to appear to be a disgruntled employee.

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can take down everybody because it's hard for her to take
things down appropriate when multiple people are speaking.

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Also, I wouldn't hire one of his friends.

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your lawyers have already covered with you, but for the

A.

Yes.

Q.

And have you ever given a deposition before?

A.

No.

Q.

All right. Couple of important rules as I'm sure

Thank you.

Q.

When were you fired -- were you fired?

A.

I was fired on the -- on the 22nd, January 22nd.

Q.
A.
Q.

Why were you fired?

A.

Well, I think there are several reasons. One

I wasn't given a reason.


Why do you believe you were fired?

being that I know the truth in some of these cases that


are going on and I think that what I'm going to say is
contrary to what the Tribe's attorney wants me to say;

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A.

Q.

Did you like your job?

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objection to that, now is the time for them
to put that on the record.

A.

Yes.

Q.

Did you like working for the Tribe?

A.

Yes.

Q.

You were previously set for deposition in this

MR. CALLI: You can step outside.

THE VIDEOGRAPHER: Were going off the

case; is that correct?

A.

Yes.

Q.

You were fired, was it a day or two days before

that deposition?

record at 12:23 p.m.


(Thereupon, a short recess was taken,

after which the following proceedings were

had:)

A.

I think it was three days before.

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Q.

Did you intend to appear at that deposition?

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A.

Yes.

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Q.

Did you intend on testifying at that deposition?

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A.

Yes.

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Q.

Did you intend to tell the truth at that

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THE VIDEOGRAPHER: We are back on the


video at 12:24 p.m.
MR. CALLI: I'm going to ask the court
reporter to read back my last question.
(Thereupon, the question was read back
by the reporter as above recorded.)

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deposition?

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A.

Yes.

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Q.

Did you communicate those three things to the

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MR. ROMAN: No objection.

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Tribe's lawyer, Bernie Roman?

BY MR. CALLI:
Q.

Let me ask the question this way. First, do you

attend General Council meetings?

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A.

Yes.

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A.

I have attended some.

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Q.

Do you believe that Mr. Roman and the Tribe

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Q.

Okay.
So my question is this: Do you have a

recollection of being at a General Council meeting where

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terminated you because you were going to appear and tell

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the truth?

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A.

Yes.

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Mr. Bert or Ms. Billie requested a loan or the Council

Okay.

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approved it?

Let's talk about -- when you say tell the truth,

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Q.

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A.

No.

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Q.

can you tell me what you're referring to?

Other than not being at that meeting, do you know

whether the Tribe lent money to Tammy Billie and Jimmie

A.

The --

Q.

This lawsuit, woven throughout it are a number of

Bert to pay their legal fees in the Bermudez wrongful

claims by the Tribe against my clients, one of which is

death case?

central in my opinion, is the Tribe's accusation that when

A.

Yes.

my clients represented to a Court that their former

Q.

Does that include to the Law Firm Lewis Tein?

clients, Jimmie Bert and Tammy Gwen Billie, who are

A.

Yes.

individual Tribe members, were sued in a wrongful death

Q.

And did the Tribe make that loan to Mr. Bert and

case; that Mr. Bert and Ms. Billie obtained approval from

Ms. Billie?

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the General Council for loans -- General Council being the

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A.

Yes.

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voting body of the Tribe, not its lawyer -- to pay their

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Q.

Do you know if Mr. Bert and Ms. Billie made

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legal fees in defense of the Bermudez wrongful death case

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and the Tribe continues to assert that that's a false

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A.

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statement. When you say you know the truth, are you

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Q.

Did they?

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referring to that issue?

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A.

Yes.

Q.

How is it you know that the Tribe made loans to

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A.

Yes.

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Q.

So starting with the question: Do you know

repayments on that loan?


Yes.

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Jimmie Bert and Tammy Billie to pay their legal fees in

whether the General Council and thus the Miccosukee Tribe

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the Bermudez wrongful death case if you weren't at the

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authorized the request of the Berts and Tammy Billie to

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General Council meeting where it would have been approved?

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pay their legal fees to whomever would be representing

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them in the Bermudez wrongful death case.

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A.

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A.

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process and been told to code them as a legal fees

Can I speak to you?

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receivable if it had not been an approved loan.

MR. CALLI: I just got through saying

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that if you need to speak to your lawyer you

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may. If Mr. Roman and his co counsel have an

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Q.

Who would have told you to code them as a legal

fees receivable?

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That would have been my supervisor, Julio

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Because I wouldn't have been given those bills to

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Q.

Martinez.

I'm going to go down the list that you just

Were you, to your knowledge, were you and Julio

Martinez the only ones who were aware of the Tribe's loans

to Mr. Bert and Ms. Billie to pay their legal fees in the

Mr. Martinez was aware of the Tribe's loans to Mr. Bert

Bermudez wrongful death case?

and Ms. Billie to pay their legal fees in the Bermudez

No.

case?

Q.

A.

Q.

Who else was aware of the loans?

A.

The finance director, Mike Hernandez; the

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Business Council; the General Council; administration

staff.

articulated and ask the same question as to each one.


So as to Julio Martinez, how is it you know that

A.

Because that's who instructed me to process

payments -- to code it as such.

Q.

What does it mean to code it as a receivable?

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A.

In accounting that -- it wasn't coded as a legal

MR. ROMAN: Excuse me, Mr. Calli.

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expense of the Tribe. It was coded as a receivable, as

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MR. CALLI: Yes, sir.

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something that's going to be paid back.

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MR. ROMAN: Can we make a quick

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Q.

If it was coded as a legal expense to the Tribe,

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distinction when she refers to General

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how would that -- what character would that give that to

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Council that we're speaking about the

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the payment? How would it change it from a receivable?

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Tribe's, not the general counsel in the legal

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form.

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A.

It would be an expense.

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Q.

Would it be a gift to that Tribe member then?

MR. CALLI: Yes, sir.

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A.

Okay. So you mean if it was a payment on behalf

MR. ROMAN: Okay.

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MR. CAUL What Mr. Roman is asking

of a Tribal member that was coded as an expense?

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Q.

Yes.

is -- is lawyers tend to assume general

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A.

It could be assistance. It could be because of

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counsel means somebody in the position that

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Mr. Roman currently holds and so let's -- I'm

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going to ask you, when you speak of General

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Council that you if you're referring to the

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something that's a Tribal matter.

Q.

What's assistance?

A.

Assistance would be something paid on behalf of a

Tribal member that they would not have to pay back.


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Q.

When Julio Martinez -- let me back up. On how

voting body of the Tribe, you specify that,

and if you're referring to the lawyer, you

specify that; do you understand that?

you have communication with Julio Martinez about the

Tribe's loans to Mr. Bert and Ms. Billie to pay their

legal fees in the Bermudez case?

THE WITNESS: Yes. Add to that in-house

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counsel.
BY MR. CALLI:

Q.

So a moment ago when you mentioned General

many occasions do you recall, if it's quantifiable, did

A.

I don't know.

Q.

More than ten?

Council, you were referring to the voting body of the

A.

Yes.

Tribe?

Q.

More than fifty?

Correct.

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A.

Possibly. It went on for a long time.

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A.

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Q.

And you've now added in-house counsel?

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Q.

When you say "this" what are you referring to?

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A.

Yes.

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A.

The case -- the payment of legal bills for Tammy

Q.

Now, for approximately how long has, if you know,

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has mister -- let me back up. Is Mr. Roman currently the

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in-house counsel?

and Jimmie.

Q.

Did the time where it went on occur in both the

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periods when -- did it occur when Billy Cypress was the

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A.

No.

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Chair of the Tribe?

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Q.

What is his position?

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A.

He's the -- he is the general counsel, the other

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kind, s-e-I.

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Q.

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Do you have -- they have an in-house counsel

A.

Yes.

Q.

Did it also occur when Colley Billie was the

Chair of the Tribe?

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A.

Yes.

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Q.

Is Colley Billie a member of the Business

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currently?

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A.

Not at the time that I was terminated.

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Q.

Who previously -- who was the last in-house

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A.

Yes.

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Q.

When you say the Business Council was aware of

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counsel?

A.

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Janeen Bennett.

Council?

the Tribe's loans to Bert and Billy to pay their fees in

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the Bermudez case, does that include Colley Billie?


A.

Yes.

Q.

In any of the discussions you ever had with Julio

Q.

What fashion?

A.

As part of a legal fees receivable that included

theirs as well as other people.

Martinez about the Tribe's loans to Mr. Bert and Ms.

Billie to pay their legal fees in the Bermudez case, in

any discussion, did he ever instruct you to tell nobody

Mr. Roman present. Does -- is the loan that you're

about the arrangement? Did he ever instruct you to keep

testifying about that the Tribe made to Mr. Bert and Ms.

it secret?

Billie in the Bermudez case, is that -- is that the only

instance you're aware of where the Tribe has made a loan

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A.

No.

Q.

Did he ever say to you anything directly that

10

Q.

Is -- does the -- what I'm about to ask you has

been filed in Court, testified to in Court by the IRS with

like that?

these were not really loans and this was just a big fraud

11

A.

No.

to make it look like they were loans?

12

Q.

Are you aware of many other instances where the

Tribe has made such loans?

13

A.

Never.

13

14

Q.

Did you ever -- did he ever insinuate to you that

14

A.

Yes.

15

Q.

Do you have any information whatsoever that

15

this was a fraud or there was something nefarious or

16

untruthful about the way this revenue was being booked as

16

booking the loans to Bert and Billy were -- was, as loans

17

a loan on the Tribe's books?

17

as a receivable, was a fraud?

18

A.

A.

18

No.

No.

19

Q.

If he had done that, what would you have done?

19

Q.

Do you believe that it was accurate?

20

A.

I --

20

A.

Yes.

21

Q.
A.

Do you have --

21

Q.

Did anybody ever, at the Miccosukee Tribe, from

I would have had a big problem with that. I

22

the Chairman to the Business Council, to the

23

administrative office, to the lawyers, ever say anything

24

or communicate anything to you that gave you a reason to

25

believe that booking the expense -- pardon me -- booking

22
23
24
25

would have booked it correctly.

Q.

Do you have any reason to believe that these

loans were not, in fact, loans?

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the transaction as a legal fee receivable was a fraud?

A.

No.

Q.

Are you aware with personal knowledge that there

A.

No. You said anything that would make me

believe --

A.

Yes.

Q.

Did you ever discuss with Mr. Bert or his wife,

Q.
A.

Yeah.

5
6

Louise or with Ms. Billie, any of them, or have any

Q.

Did anybody ever say anything --

communication with them about the loans?

were repayments by Bert and Billie on these loans?

-- that it was a fraud?

A.

No, not that would make me believe, no.

A.

I don't remember.

Q.

Did anybody ever say anything to you that made

Q.

How is it you know that Mike Hernandez was aware

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of the loans?
A.

He was the finance director. He would have been

the hair on the back of your neck stand up and question

10

whether the -- booking the transactions as legal fee

11

receivables was false?

12

aware.

A.

No.

13

Q.

Who is the administration staff?

14

function of the finance director such that I understand

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A.

I mean -- they have various staff, I mean.

15

your statement.

15

Q.

Is there a director sort of?

16

A.

The Chairman would be the Director of the

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16

Q.

A.

Well, describe to me the interaction and the

The finance director and the supervisor, Julio,

17

would have been in General Council, the voting body; the

17

18

meetings, would have been in Business Council meetings;

18

Administrative Coordinator. They have various people that

19

would have sufficient interaction with the Business

19

just carry out duties of administration.

Administration Staff. I mean, there used to be a Tribal

20

Council to be aware of what's going on. Mike also was in

20

21

charge of the financial statements, overseeing the

21

administrative staff had -- in your view had knowledge

22

financial statements for the Tribe.

22

that these were loans approved by the Tribe?

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24
25

Q.

And would the loans appear on the financial

23

statements in some fashion?


A.

Q.

24

Yes.

A.

Because what is owed by Tribal members for

various things is kept track of in administration.

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Are there records of that?

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Q.

And what prompted him to say to you that they

A.

Yeah.

Q.

What form do those records take?

A.

I don't -- I don't know because they're not my

A.

Why did he say that?

Q.

Right. What statement did you make --

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records.

Q.

were not approved loans?

Are there financial records that are your records

that track this?

MS. PINO: I'm going to object on the


basis of attorney-client privilege. Any

A.

Not all loans, no.

discussions she had with Tribal attorney

Q.

Why is that?

after the litigation had commenced, was in

A.

Because its not my job as an accountant to track

pursuance of that litigation.

10

10

everybody's loans.

MR. LOPEZ: I'm going to go ahead and

11

Q.

Whose job is that?

11

disclaim that there was any attorney-client

12

A.

It would be the job of somebody in

12

privilege because Mr. Roman purported to be

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Mrs. Goldenberg's attorney numerous times and

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administration.

Q.

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Okay.

14

numerous communications, and then

Do you have knowledge of whether records would

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specifically instructed her that he wasn't --

16

that he wasn't her attorney. And so if the

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A.

Yes.

17

attorney-client privilege is for

18

Q.

Do you have a sense of what kind of records would

18

Mrs. Goldenberg or Mrs. Goldenberg's behalf,

19

then it's clearly not applicable.

19

exist in administration for that?

exist?

20

A.

Not sure.

20

21

Q.

Why do you think -- why do you think Mr. Roman

21

preparation of the litigations, there's been

22

no testimony as when this occurred, whether


it was after or before, whether he was

22

would want you fired for giving this testimony?

If he's indicating that this is in

23

A.

Because its not the same thing he's saying.

23

24

Q.

Does he have access to the records that you're

24

representing the Tribe at that time or not.

25

describing?

25

So my objection is that this was not

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A.

I don't know.

Q.

And how would the Business Council be aware of

the loans?

4
5

A.

They're at the General Council meetings and the

Business Council meetings.

Q.

So other than Julio Martinez telling you about

attorney-client privilege in either instance.


MR. ROMAN: I just want the record to

reflect that the privilege has been invoked

and Ms. Goldenberg's attorney has instructed

her to answer. That's fine. We can move on.

MR. CALLI: There is also a criminal

coding the transactions as legal fees receivable, who

fraud exception if you were going to give

else, if anyone, did you have direct contact with about

truthful testimony in a proceeding and

the loans from the Tribe to Bert and Billy?

10

11

anybody was trying to obstruct or suppress

A.

About how to record them you mean?

10

your ability do that. So if your attorney

Q.

Anything. Anything. Any discussion, no matter

11

says it's okay for you to answer, then I will

12

how material or tangential about these loans, whether it's

12

ask the question. If your attorneys instruct

13

ministerial, or and an accountancy function, or a general

13

you not to answer, then I will not request an

14

discussion, or that you overheard?

14

answer. If your attorneys need a moment to

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A.

I have spoken to everybody who has been my

15

ponder that, I'm fine with that, and waive


the objection. If not, I'll move forward.

16

supervisor or boss about this. People who came in new

16

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that would not have been there at the time.

17

18

Q.

Did you ever talk to Mr. Roman about the loans?

MR. ROMAN: Mr. Calli, when you're

18

referring to her attorneys from now on we

19

A.

Yes.

19

are referring to Mr. Lopez and the Reyes Law

20

Q.

Did you do that in advance of being fired?

20

Firm, correct?

21

A.

Yes.

21

MR. CALLI: Unless you tell me that you

22

Q.

What did he say?

22

were ever Ms. Goldenberg's attorney, I don't

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A.

He said they were not approved loans.

23

know that there's a need to clarify that.

24

Q.

Did you respond to him?

24

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A.

I don't think so.

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MR. ROMAN: Okay. I just wanted to be


the record clear that were referring to the
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Reyes' Law Firm and to Mr. Lopez will be

her -- Ms. Goldenberg's attorneys.

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video at 12:47 p.m.

after which the following proceedings were

MR. SCHEINBERG: Is Mr. Roman suggesting


that he was counsel to Ms. Goldenberg?

That he wanted me to think that, yes.


Why do you say that?

20 after Colley Billie became Chairman that was a dispute

Because I don't think he ever represented my

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Did you ever understand Mr. Roman to be your

attorney?
A. Yes.

Q.

Okay.
What time period?

A.

When -- when I received the first subpoena he

told me that I -- that he represented me under the


umbrella of the Tribe.

Q.

And did you interpret that to mean he represented

your interests?
A. (No audible response).

Q.

If you don't know, you don't know. It's no right

or wrong answer.

A.
Q.
A.
interest.

Q.

(Thereupon, a short recess was taken,

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BY MR. CALLI:

Q.

THE VIDEOGRAPHER: We're going off the

Why would you say

--

had:)
THE VIDEOGRAPHER: We're back on the
record at 12:49 p.m.
BY MR. CALLI:

Q.

I was asking you questions about whether the

Tribe or anyone at it has ever expressed concerns before


you were fired about your performance, and then I asked
you about your knowledge of any written documentation to
that effect; do you recall that question?

A.
Q.
A.
Q.

Yes.
Are you able to answer that question?
Yes. About my performance, nothing negative.
Okay.

A. All my performance evaluations have been


positive. There was one incident that occurred shortly

between Tribal members and I -- I was in the middle of it


and I almost got terminated for that but didn't, and in
the end it was because the person involved was somebody

24 related to the former Chairman and they were trying to

MS. PINO: Objection. Just for the


record.

25 make it seem like I was doing the former Chairman's


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BY MR. CALLI:

1 relative some sort of favor, which had nothing to do with

memorandum raising any perceived deficiency in your

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performance?

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Q.

Why would you say you think he wanted you to

believe he was your lawyer?


A. Because he didn't want me to bring my own lawyer.
Q.

Why -- is that your belief?

A.

Because I think he wanted to get me to say what

he wanted me to say.
Q.

So is it your testimony that you believe that Mr.

Roman did not want you to testify to your knowledge that


these were loans the Tribe made to Bert and Billy?

A.
Q.

Yes.
In the years you worked at the Tribe, did anyone

ever complain about your performance?

A.

No.

Q.

Are you aware of any written reports or

anything.

Q.

accountancy function?
A. Now?

Q.
A.

Did that matter have to do with why I'm now

Q.

No. Did your involvement in the dispute you just

articulated have to do with your function?

A.
Q.
A.
Q.

Have to do with my function?


With your job?
Yes.
So how was it resolved?

A. I was suspended.

Q.

Okay.
What was the accusation?

A. There was -- okay -- there -- a community member

19 came in with some checks that she asked to be voided and

question?

20

MR. CALLI: Anything you're aware of in


your personnel file that would suggest the

made payable to somebody else, the type of request that in

21 the finance department we have always been told to

Tribe was ever unhappy with you.

22 accommodate Tribal members; that if it turned out -- and

THE WITNESS: Can I talk to you for a

23 I'll say community members because this person was

24

second?
MR. LOPEZ: Sure. Sure.

actually a Seminole and not a Miccosukee, so I'll say

25 community members. We were supposed to treat them all

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No, this matter you're talking about.

terminated?

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MR. LOPEZ: Do you understand the

Did it have to do with your discharge of your

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with respect, that if they came in were supposed to

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accommodate them, and if it turns out that they asked for

want us getting in the middle of their disputes. They

years; is that right generally?

something that they weren't supposed to have, if they did

2
3

A.
Q.

something regarding another Tribal member that they

general counsel, are you aware whether he performed legal

shouldn't have, that the Tribe would handle that amongst

work for the Tribe and/or its individual members as well?

themselves. That -- that would be -- that they didn't

didn't want us challenging community members and Tribal

6
7
8

paid in the same manner that Lewis and Tein were paid in

members. They wanted us to accommodate them. If one of

the Bermudez case, that is, are you aware of whether the

A.
Q.

Yes.
Before -- before Mr. Roman became the Tribe's

Yes.
Are you aware of whether or not Mr. Roman was

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9
10

them was to do something they shouldn't have done, they

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11

would handle that among themselves.

11

represented by Bernie Roman to pay those people's legal

12

fees and the money was later collected through their

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distributions?

24

the loans were processed?

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Q.

So this involved two, either Tribe or community

members?
A.

Right.

Q.

And the request was put to you?

A.

Right.

Q.
A.

And then it resulted in what you just described?


Right, I accommodated the person, like I was

always supposed to do, and later on --

Q.

But my real question -- sounds like you're

describing a political spat.


A.

This was more of a family thing at the time.

Q.

But was there an accusation that you engaged in

any misconduct or fraud related to?

A.

Miccosukee Tribe ever granted loans to individual member

I think so.

Q.
A.
Q.

Why do you say that?

I think I've seen it.


So what's the process? What's the process for

processing these loans? How does it work? What happens?


When does it come to your attention?

A.

It depends.

Q.
A.
Q.

In the case of Lewis Tein.

A.

25

No.

A.

Uh-huh.
Do you have a recollection of how it worked, how

The -- the invoices at some point would be given

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asked you to hire a friend and you didn't. When,

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generally speaking, when was that?

Q.

That was really my question.

A.

No. No. No.

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4
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9

Q.

A.

You mentioned something earlier that Mr. Roman

That was sometime between, I would say, July and

October of this year, more or less.

Q.
A.

to me.

Q.

When you say the invoices, do you mean the

invoices of Lewis Tein?

A.
Q.

Yes.
How would they be given to you? What are the

different ways in which those invoices could find their

way to you?

What do you recall about that?

Well, it was when we didn't have a finance

A.

Either from my supervisor, the finance director,

or possibly even somebody from administration, or legal.

10

director. One of the staff walked out. I needed to fill

10

Q.

And --

11

the position, and Bernie asked me if I would consider

11

A.

Most likely from my supervisor or the finance

12
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hiring that person.

director.

Because I did not think that it was a good idea.

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Q.
A.

Did you interview the person?


That person?

Q.

Are you aware of how these Lewis Tein invoices

would get to the finance director?

A.

The exact route that they would take, not

Q.
A.
Q.
A.
Q.

Yeah.

And what happened as a result with Mr. Roman?

19

for their records and it would be given to me, or even

A.

I'm sure he didn't like it.

20

someone else in my department to pay.

(Thereupon, the document referred to was

21

No.
Why not?

necessarily. But they would come addressed to somebody,


probably the Chairman. I believe at some point they would
be reviewed by legal. Administration would be aware of it

Q.

Am I correct in understanding -- you're

subsequently marked as Exhibit No. 1 for

22

describing what sounds to me like a procedure where

Identification.)

23

multiple departments monitor and keep track of, or

24

otherwise are involved with processing these loan payments

25

on behalf of Tribe members, is that accurate?

BY MR. CALLI:

Q.

You say you've been at the Tribe almost 20, 21

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A.

Yes.

Q.

So when the invoice for Lewis and Tein for the

invoices they submitted to be paid, the loan payments.

Q.

So you're not saying that each invoice did or did

not have handwritten notations?

A.

Right.

A.

Uh-huh.

Q.

You agree with that statement?

Q.

What happened when they came to you, what did you

A.

Yes.

Q.

What you're saying is you can't recall and can't

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do with them?
A.

I would write up a purchase order to pay them and

give it to accounts payable.


Q.

10

there?

11

A.

truthfully testify that every Lewis Tein invoice you saw

had it, or didn't have it?


A.

And then do you know what would happen from

10
They would cut a check. The checks would go on a

Correct. You might find some that don't have it,

so I don't want to say a hundred percent.

11

Q.

And do you know if Lewis Tein represented other

12

list of checks. They would get released in the course of

12

individual Tribal members, other than Jimmie Bert or Tammy

13

time that that would take and I don't know if this would

13

Billie?

14

either be picked up by somebody or mailed out, that I'm

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A.

I think so.

15

not sure.

15

Q.

Do you know if Lewis Tein represented the Tribe

16

Q.

16

At that point you're describing, the creation of

itself in any matters?

17

the purchase order I believe, and then providing it to

17

A.

Yes.

18

accounts payable, how are, if at all at that point, are

18

Q.

Do you have a recollection of whether you ever

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you recording the transaction as a -- coding it as a legal

19

created a purchase order for a Lewis Tein invoice for a

20

fee receivable?

20

check to Lewis Tein that was coded as an expense --

21

A.

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order.

23
24
25

Q.

By writing the appropriate code on the purchase

So that's right then and there is where the

coding commences?
A.

21

A.

Yes.

22

Q.

-- not as a loan, not as a legal fee receivable.

23

A.

Yes.

24

Q.

Okay.
And if I were to take every check that the

25

Correct.

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Q.

2
3

Okay.

Miccosukee Tribe ever cut to Lewis Tein during a four or

When the invoice comes to you, comes to you to

five-year period where the firm was performing work for

the Tribe or its individual members, would I be able to

create the PO, the purchase order?

A.

Uh-huh.

match those check numbers up to journal entries that would

Q.

What, if anything, did it have on it?

correspond to whether it was a legal fee receivable or a

A.

The invoice, what did the invoice have on it?

legal expense to the Tribe?

Q.

Well, let me ask you this question.

A.

Okay.

Q.

What would come to you?

10

A.

Uh-huh.

10

notations, can you describe to me what you're referring to

Q.

First, would it be a legal invoice from Lewis

11

when you discuss handwritten notations?

11
12
13

Yes.

Q.

You described having a recollection of Lewis Tein

invoices in the Bermudez case having handwritten

A.

That it would be signed by Louise Bert.

A.

Yes.

13

Q.

Who is Louise Bert?

Q.

Do you recollect if it had descriptive

Tammy's mother. Jimmie's wife.

Tein?

12

A.

14

A.

15

information about the amount and character and description

15

Q.

Have you ever met Louise Bert?

16

of the legal work performed?

16

A.

Yes.

14

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Yes.

17

Q.

Does she speak English?

Q.

Would there be any handwritten notations on that

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A.

Yes.

19

Q.

Have you ever met Jimmie Bert?

20

A.

Yes.

21

Q.

Does he speak English?

22

A.

A little, yes.

23

Q.

Do you have any knowledge of whether Ms. Bert

invoice?
A.

20
21

A.

I can't say a hundred percent of the time, but

yes.
Q.

Why do you say you can't say a hundred percent of

the time?
A.

Because there was many, many invoices and I would

have to see all of them to tell you a hundred percent.

24

assists him or not in his affairs or in translating his

25

affairs?

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A.
Q.

I don't know.
What do you mean it would be signed by Louise

Bert?

A.
Q.
A.
Q.

"Ok to pay", with her signature.


On a Lewis Tein invoice?

Yes.
What else, if anything, would come to you with

that invoice you just described?

A.

Nothing.

Q.

What does this mean, "Ok to pay".

A. It would mean that Louise is saying that that was


ok to pay, she is aware of it.
Q. If that wasn't a loan -- if the Tribe didn't
grant a loan to Jimmie Bert and Tammy Billie to pay their
legal fees in Bermudez, why would the family have to okay
it for payment?

A.
Q.

It wouldn't.
Can you estimate for me for how long the Tribe,

to your knowledge, has engaged in providing loans to its


members to pay legal fees or other expenses and recouping
the money from the Tribe member through collecting it from
their quarterly distribution or other monies due and owing
to it?
MR. ROMAN: Objection. I'm going to
claim attorney-client privilege on behalf of

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I want you to look at both pages. When


you're done looking at it carefully, only
then, look up at me and tell me that you're
done, please.
Here's a copy for the Tribe.
MR. LOPEZ: And, for the record, go ahead
and testify to these matters as truthfully.
Don't worry about the confidentiality
agreement; they've availed themselves to the
Court of the federal jurisdiction by bringing
this lawsuit and Mr. Roman has signalled you
as the witness with the most knowledge. He
has released information that's confidential
to the Tribe upon information and belief
without the Tribe's consent and I'm going to
go ahead and ask that you testify truthfully
to whatever questions asked.
MS. PINO: And, just to clarify the
record, counsel just referred to federal
jurisdiction. This deposition is being taken
on the state case, not the federal case.
MR. LOPEZ: Okay.
MR. ROMAN: I want the record to make
sure that Ms. Goldenberg is providing
testimony from now on waiving any and all
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the Tribe and also the confidentiality


agreement that Ms. Goldenberg signed with the
Tribe in 2010 as to any matters involving or
relating to Jimmie Bert or Tammy Gwen Billie.
If her attorney, Mr. Lopez and the Reyes
Law Firm, of course as her attorney in this
deposition, wish to instruct her to waive the
privilege, that is a decision they have to
make. I'm invoking it on behalf of the
Tribe.
MR. CALLI: I'm going to ask you a
different question. That's one of the most
frivolous and bad faith legal objections I've
ever heard in my life. I'm going to show you
a document that the Tribe's lawyer, the man
who just articulated that objection put in
the public record and gave to me.

I think

it's an internal Tribe account going back to


2003 showing the Tribe loan to Tammy Billie
to various lawyers including 2003. So if
he's got the courage of his convictions he
can take that up with the Court and your
lawyer afterwards, but I think it's an
impotent objection.
So here's Exhibit 1 for this deposition.
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privileges pursuant to her attorney's advice,


being the Reyes Law Firm and Mr. Lopez, and
also waiving any confidentiality agreement
that she had signed with the Tribe in matters
not related to Tammy Billie or/and Jimmie
Bert loans.
MR. SCHEINBERG: And Mr. Roman, did you
not advise the witness not long ago that you
intended on waiving the Tribe's privilege in
providing records concerning this litigation?
MR. ROMAN: I have never given such
advice, and I definitely not have given that
advice here today. If you want we can play
the tape back or -MR. SCHEINBERG: I'm asking you -MR. ROMAN: Let me finish.
MR. SCHEINBERG: I'm asking you about -MR. ROMAN: Let me finish. If you are
saying that I have stated here today that I
have instructed her, Ms. Goldenberg to waive
any privileges? My answer is no. I have
never instructed her in any capacity to waive
any privileges that the Tribe has. However,
if as her attorney, you are instructing her
to waive those privilege she, I assume, will
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have to listen to you as your attorney.

MR. SCHEINBERG: My question for you, sir

A.

No.

Q.

Are they a paper transaction and nothing more?

is, did you not, by way of E-Mail, advise Ms.

A.

No.

Goldenberg that it was your intention to

Q.

Are these books cooked?

waive attorney-client privilege on behalf of

A.

No.

the Tribe and provide information with regard

Q.

Is this a scheme to create false loans to make it

to this lawsuit prior to her deposition and

prior to her termination? Did you not advise

A.

No.

her of that by E-Mail? Are you saying there

Q.

Does the issuance of a check by the Tribe to the

10
11

look like they're loans, but they're not?

will not be any -- there's no such E-Mail to

10

that effect?

11

with whether it's a loan to the Tribe member or a legal

12

expense to the Tribe -- the check itself?

12

MR. ROMAN:

Mister -- I'm sorry, your

Lewis Tein Law Firm in and of itself have anything to do

13

A.

No.

14

MR. SCHEINBERG: Scheinberg.

14

Q.

So if you just look at a check without the

15

MR. ROMAN: Okay, Mr. Scheinberg. I

15

16

made my objection. You answered it. I am

16

without the deductions, without where its booked, does it

17

not the witness. I don't have to answer your

17

tell you anything, the check --

18

question.

18

A.

No.

19

Q.

-- about whether it's a loan to the Tribe member,

13

name?

19

MR. SCHEINBERG: And you're declining to

backup, without the coding, without the accounting,

20

concede that you've advised my client that it

20

21

was your intention to waive the privilege

21

A.

No.

that you're now claiming you're invoking?

22

Q.

What is the code for, if you recall, for legal

22
23
24

23

For the record, there's no response, but


there's videotape so it's clear.

25

an expense to the Tribe?

fees receivable, the code itself?

24

A.

1069 001.

25

Q.

What's the code for Tribe legal expense?

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BY MR. CALLI:

Q.

Have you reviewed that two-page record marked as

A.

8078-001. 8078-001.
MR. CALLI: By the way, in my

Exhibit 1?

A.

Yes.

any specific question, it needs to be made.

Q.

Can you tell me what it is?

We don't have continuing objections because

A.

It's a schedule of what is owed on the balance of

that -- it confuses the witness and the

record. So if there is any objection to be

what's owed for Tammy's legal fees.

depositions, if anybody has an objection to

Q.

And --

made as to any question, please make it, but

A.

It's the details of who has been paid, how much

we're not going to have running objections

10

unless all the parties agree to it, which I

11

Q.

For how many years, what's the range of years?

11

think is fair and accommodating.

12

A.

It starts with -- through 9/30/2003. So I don't

12

Do you see Lewis Tein's name on this?


THE WITNESS: Yes.

10

and how much has been paid back.

13

have the detail from what was before that on here. Let me

13

14

see. No, actually. Okay. That was probably something

14

15

that needed to come off the schedule. It started in 2003,

15

Q.

So back in 2003 you see the name Michael Diaz?

16

fiscal year 2003.

16

A.

Yes.

BY MR. CALLI:

17

Q.

Through?

17

Q.

He's got like 2.3 and a half million dollars?

18

A.

Through November 21st, 2012.

18

A.

Yes.

19

Q.

In -- every year do you see the word deductions?

19

Q.

Are all the deductions, starting in '03 and

20

A.

Yes.

20

carrying on down, is that only to repay Mr. Diaz's, the

21

Q.

What does that mean?

21

loans to Mr. Diaz, is that the way it works? You got to

22

A.

That's what was paid back.

22

pay him first and all these other people owe money and

23

Q.

Paid back by whom to whom?

23

it's a fake loan?

24

A.

By Tammy and/or Jimmie to the Tribe.

24

A.

No.

25

Q.

Are those deductions false and fraudulent?

25

Q.

Is there anything fake about the loans the Tribe

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made?

A.

No.

Q.

Do you have any reason to believe that those

3
4

1
2

weren't loans?

A.

I don't know why it was designed that way. That

is just how it was done.

Q.

Tribe?
A.

Almost 21 years.

Q.

And in the -- since this lawsuit has been

In -- how long did you say you worked at the

A.

No.

Q.

Do you doubt that they were loans?

A.

No.

pending, and technically recently, has Bernie Roman, and

Q.

Was it ever told to you to keep it secret because

the two lawyers currently flanking him in this deposition,

or any lawyers working with them, or any of their

they weren't really loans?

10

A.

No.

10

assistants, ask that you or anybody in your department, to

11

Q.

Is the only one who ever asked you to testify

11

your knowledge, search for and provide potentially

12

responsive documents that they're obligated to supply in

12

that these weren't loans Bernie Roman?

13

A.

He didn't tell me to say they weren't loans.

13

discovery? Has Mr. Roman and the lawyers sitting with

14

Q.

Then why do you say you believe he didn't want

14

him --

15

A.

Uh - huh.

Q.

-- in the last six months, without telling me

15
16
17
18

you to tell the truth?


A.

Because he -- because he is saying they're not

approved loans.
Q.

Is there anybody else at the Tribe, anybody,

16
17

what they said, come to you and asked you to look at a

18

document request I gave to them and to gather materials to

19

Tribe member, community member, employee, executive

19

produce back to me that I have requested from the Tribe in

20

administrator, that has asserted that these aren't loans

20

this lawsuit?

21

that you're aware of?

21

A.

No.

Q.

Do you have custody of accounting and financial

22

A.

No.

22

Q.

Whose name is on the Lewis Tein invoices that

23

records that would be relevant to the issue of whether

24

bear Louise Bert's handwritten notation "ok to pay," who

24

these are loans in your department?

25

are they addressed to?

25

23

A.

Not custody of. Access to.


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Does Mr. Roman have access to those records?

A.

I -- all the invoices?

Q.

Q.

No, what you recall.

A.

Probably.

Q.

Are you aware that Mr. Roman, before he fired

A.

I'm not sure.

Q.

Do you recall?

you, designated you the -- one of the persons with most

A.

Probably the Chairman of the Tribe.

knowledge of this lawsuit at the Tribe?

Q.

Does it mean that they weren't loans because they

A.

Yes.

Q.

Prior to learning that you had been designated as

were addressed to the Chairman, not to the individual

Tribe members who received the loan benefit?

a person with most knowledge, did Mr. Roman, or any of the

two lawyers seated with him today, or anybody on their

A.

No.

Q.

Does that indicate to you that it's part of a

10

legal staff, ever discuss this matter with you in an

11

scheme and pattern and practice to make these fake loans

11

effort to determine whether you were the person with most

12

and hide it?

12

knowledge of the lawsuit?

13

A.

No.

13

Q.

10

Was that there, to your knowledge, in Lewis Tein

14

15

going back to however long, was that the system that was

15

16

in place as requested by the Tribe?

16

14

17

A.

Could you repeat the question, please?

17

18

Q.

The fact that the law firm sent its invoices to

18

A.

I don't think so.

Q.

Did you bring any documents with you today

pursuant to the subpoena?


MR. LOPEZ: The documents that you gave
me.
THE WITNESS: Yes.

19

the Chairman, was that a result of the manner in which the

19

20

Tribe put the procedure in place? Was that the Tribe's

20

21

procedure?

21

you just testified to:

22

A.

Yes.

22

Tribe signed by Louise Bert "ok to pay".

23

Q.

Was it designed to be able to better track the

23

A.
Q.

24

loans and the payments and the process and the amounts, et

24

25

cetera?

25

BY MR. CALL:
Q.

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Lewis Tein's legal fees to the

Yes.
Okay.
Would you, please, confer with your lawyer and
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Do you have documentation regarding invoices that

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produce them to me -- any invoice that you're referring

A. No.

to. Invoice.

Q.

3
4

THE VIDEOGRAPHER: We're going off the

5
6

the record, after which the following

proceedings were had:)

A. No.

Q.

(Thereupon, a discussion was held off

over you and your department?

video record at 1:22 p.m.

THE VIDEOGRAPHER: This is tape number


two. We're back on the record at 1:32 p.m.

Did Lewis Tein have any control or involvement

Did Dexter Lehtinen have any control or

involvement over you or your department?

A. No.

Q.

A. Yes.

Is this document true and accurate?

10

Q.

11

subsequently marked as Exhibit No. 2 for

11

A. No.

12

Identification.)

12

Q.

13

A. No.

10

(Thereupon, the document referred to was

13

MR. CALLI: Before I proceed, I'm going

Is it a fraud?
Are these, in fact, loans?

14

to show you what has been marked for this

14

Q.

15

deposition as Exhibit No. 2 and provide a

15

A. No.

16

copy to the Tribe's attorney.

16

Q.

17

A. No.

Did you cook the books?


Did Billy Cypress ask you to do so?

17

I would ask you to review this and it's

18

two pages. When you're done, just look up

18

Q.

19

and acknowledge please, verbally, that you've

19

A. No.

20

completed your review.

20

Q.

21

A. No.

22

Q.

21
22
23
24

THE WITNESS: Yes, I'm done.


BY MR. CALLI:

Q. What is that?
A. That's a schedule of Billy Cypress's legal fees

25 that he owes to the Tribe.

23

Did Julio Martinez ask you to do so?


Did Mike Hernandez ask you to do so?
Mr. Roman has alleged that the Tribe engaged in

kickbacks schemes between Billy Cypress and Lewis Tein.

24

MR. ROMAN: Objection.

25

MR. CALLI: What is the legal objection?


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Q.

A. Yes.

Q.

A. That's specifically Billy's legal fees.

Q.

can even understand the allegations, it's that there

Does that bear the code 1078-001?


What's that?
When you testified earlier that 1069-001 is a

MS. PINO: Mr. Roman has not.


BY MR. CALLI:

Q.

Mr. Roman has signed a lawsuit saying that Billy

Cypress and Lewis Tein engaged in a kickback scheme. If I

code for legal fees receivable, is 1069-001 specific to

was -- Lewis Tein billed for fake legal work, legal work

who?

that really didn't exist and/or they overbilled.

A. Specific to any loan for legal fees that's not

9 for Billy. And that wasn't -- I'm trying to think how to


10 say this. They're the legal fees receivables that are not
11

Billy's.

12

Q.

13

8
9

Did anything ever occur -- did anyone ever say,


or request anything of you that led you to believe that

10

the transactions on here were part of a kickback scheme or

11

illegal or fraudulent?

12

A. No.

A. Billy Cypress.

13

Q.

14

Q.

14

did you have with Lewis Tein over the four or five years

15

A. Yeah.

15

they were involved with the Tribe?

16

Q.

16

A. None.

17

A. Yes.

17

Q.

18

Q.

18

A. None.

19

A. Yes.

19

Q.

20

Q.

20

A. No.

21

A. Me.

21

22

Q.

22

the far right column, the column titled "amount" and if

23

A. No.

23

you go down about three quarters, there's a line item

24

Q.

24

which indicates "credit" and then it's -- I think it's

25

Lehtinen?

25

$10,000. Far right column.

By Billy you mean?


Billy Cypress?
Is Exhibit 2 a document created by the Tribe?
Do you know who created it?
Who created it?
Was it created at the direction of Lewis Tein?
Was it created at the direction of Dexter

Q.

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Ever personally?
Ever?
If you look at Exhibit 2, on the first page, in

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A. Uh huh.

Q.

2 at the time I would not necessarily have known if it was

Three quarters of the way down.

A. I

would have to pull out individual invoices, but

A. Yes.

3 specific to Tammy, specific to Jimmie. This was all, as

Q.

4 far as this was concerned, its all the same case.

A. Uh huh.

Q.

Q.

A. I know there's been more than one case

A. Yes.

7 surrounding it, but one -- but it's all the same thing,

Q.

Thank you.

8 the Bermudez case.

You see that?

Credit, $10,000, in parens.


-

First time.

Q.

Okay.

When you say all the same case, you mean the

10

A. Yes.

10

criminal prosecution of Tammy, the civil wrongful death

11

Q.

11

case?

12

A. That would indicate that a credit from that

Does that indicate -- what does that indicate?

12

A. Correct.
But all Bermudez related, is that what you mean?

13 vendor -- either a credit or a void. I think it is a

13

Q.

14 credit. Its a reduction.

14

A. Correct.

15

Q.

15

Q.

16

A. This is old. I would have to pull out documents

Okay.

17 to -18

Q.

Does the Tribe still maintain accounting records

And Bert and Billy had different lawyers before

16

Lewis Tein; right?

17

A. Yes.

18

Q.

To your knowledge, were they paid in the same

19

manner, a loan from the Tribe paid through quarterly

20

A. I think so.

20

distributions to Bert and Billy?

21

Q.

21

19

to document loans made to its Tribe members?


What do you mean?

A. Yes.

Q.

So you can set aside one and two. And leave

22

A. I'm not there.

22

23

Q.

23

those close to you because the reporter will take them at

24

A. Yes.

24

the end.

25

Q.

As of six days ago.


Earlier on Exhibit 1, you made the comment that

A. Okay.

25

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it seems to me --

A. Uh huh.

Q. --

document?

because whose name is at the top of that

Q.

You'll get copies with your deposition through

your lawyer.
I asked you when we broke if you had brought

documents pursuant to the subpoena, any invoices that you

A. Tammy.

had discussed?

Q.

It seems to me you made a statement to suggest

A. Yes.
What did you bring?

that the loan and amounts due are -- were reflected on

Q.

there was to Tammy or Jimmie, am I correct in that or not?

A. I have three invoices.

9
10
11
12

A. Yes.

Q.

Please explain to me what you mean and why or how

you know it?


A. Because I believe that this schedule was for all

13 of the payments having to do with that particular case.

Q.

MR. CALLI: I'm going to mark these.

10

For the record, the witness has handed me a

11

composite exhibit consisting of 22-pages and

12

rather than take the time to mark every page

13

or separate them I'm going to mark this as a

14

composite exhibit in the interest of time so

15

that I can try to conclude your deposition

A. Yes.

16

and afford the Tribe time to ask you

17

Q.

17

questions.

18

A. Yes.

19

Q.

14
15
16

When you say "that" are you referring to the

Bermudez case?
Because Tammy Billie is Jimmie Bert's daughter?

18
19

Louise Bert is Jimmie Bert's wife?

This will be Exhibit Number 3.


(Thereupon, the document referred to was

20

A. Yes.

20

subsequently marked as Exhibit No. 3 for

21

Q.

21

Identification.)

22

that document reflect loans to amounts due from?


MR. SCHEINBERG: Exhibit 1.

23
24
25

So for whom -- for which of those three would

BY MR. CALLI:
Q.

Exhibit 1.

22

MS. PINO: Can we see the exhibit?

23

MR. CALLI: I haven't -- all I have done

24

is count the pages and mark it. I would like

25

the witness to describe it, for the record,

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and then I'm happy to stand with the Tribe

while they review and I can look over their

shoulder, or wait if they're not comfortable

with that.

BY MR. CALL!:

Q.

What is Exhibit -- Composite Exhibit 3?

A.

It is three invoices with purchase orders and

check stubs for payments to Lewis Tein.

10
11

THE VIDEOGRAPHER: We're going off the


video.

12

(Thereupon, a discussion was held off

A.

Probably an invoice number here.

Q.

When you say "here" you're pointing to the upper

left-hand corner -- what number is that?

MS. PINO: Okay.

purchase order to the check stub in this instance?

A.

6166 -- 8166.

Q.

On Page 1, in the upper left is the number 8166;

is that correct?

A.

Yes.

Q.

Does that number appear on Page 2?

10

A.

Yes.

11

Q.

Does that tell you that the PO corresponds to the

12

check stub?

13

the record, after which the following

13

A.

Yes.

14

proceedings were had:)

14

Q.

Does the code 1069-001, legal fees receivable,

15

15

THE VIDEOGRAPHER: We're back on the

appear on the PO or the check stub?

16

video.

16

A.

The PO.

17

BY MR. CALLI:

17

Q.

There is handwriting and a date in the middle of

18

Q.

I'm going to show these to the Tribe. If the

18

Page 2, do you know whose handwriting that is?

19

Tribe doesn't object, I would like to look at them as

19

A.

I think so.

20

well.

20

Q.

Who do you believe it to be?

Thank you.

21

A.

I think that is Megan Acosta's signature.

I'm going to affix a post-it note, since it's a

21

22

Q.

Who is that?

23

composite exhibit, for the purpose of being able to

23

A.

Administration staff at the time.

24

expedite finding the page and asking the witness a

24

Q.

Is she still -- was she still there at the time

question. Does the Tribe have any problem if I mark the

25

22

25

you were recently terminated?


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MR. ROMAN: No.

60
A.

No.

Q.

What was her role?

A.

She was a Tribal loan officer.

bottom of the page?


MR. CALLI: I'm going to write a number

on the lower right-hand corner of each page

Q.

Tribal loan officer.

so I can say Composite 3-1. I learned

A.

She did a lot of things.

something today.

Q.

Do you know what her duties were as it related to

7
8

So what is -- on Exhibit 3, what is Page

9
10

being a Tribal loan officer?

A.

Some. I don't know all her duties.

Q.

Why did the Tribe need a Tribal loan officer?

A.

To keep track of what's owed by Tribal members

10

1?

11
12

And at least there are 22-pages, as I


said earlier.

11

THE WITNESS: That's the check stub.


BY MR. CALLI:

and to process loans.

12

Q.

If this was a legal expense to the Miccosukee

13

Q.

Meaning what?

13

Tribe, in your experience over twenty years, would Megan's

14

A.

Actually, that's the part of the stub that

14

signature be on this document?

15

A.

I don't know.

Q.

Okay.

16

Q.

Why do you say that?

With the Tribe?

17

A.

This signature only indicates who picked up the

18

A.

Yes.

18

check.

19

Q.

What is Page 2?

19

Q.

Who picked up the check?

20

A.

That's the purchase order.

20

A.

Correct.

21

Q.

Created by?

21

Q.

Megan Acosta picked up the check?

22

A.

Me.

22

A.

I think that's her signature.

23

Q.

And it corresponds to the check stub on Page 1?

23

Q.

When you say this signature, you're referring to

24

A.

Yes.

24

the one in -- since there are several on Page 2, you're

25

Q.

Other than the amounts, what links up the

25

referring to the one in the center of the page, roughly?

15
16

remains with the purchase order.

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A.

Correct.

A.

Yes.

Q.

So whose signature is in the lower left?

Q.

What does it say?

A.

Mine.

A.

It says "Tammy Gwen Billie/wrongful death

Q.

And whose initials are in the lower right

action."

authorized by?

Q.

What's does it indicate -- do you have a

recollection of when this invoice came to you whether or


not it had "ok to pay" and signed by Louise Bert?

A.

I think that's Alina Fuentes.

Q.

Who's that?

A.

Another accountant for the Tribe.

A.

I believe it would have, yes.

Q.

Would Megan and Alina know what 1069 - 001 means?

Q.

Do you --

10

A.

Megan would not.

10

A.

I receive a lot of invoices, so...

11

Q.

How is that? She's a Tribal loan officer.

11

Q.

12

Is it

Okay.
After you created the purchase order -- let me

12

a different accounting function?

13

A.

She wouldn't code documents.

13

ask: Do copies of these documents remain together, check

14

Q.

Okay.

14

stub, purchase order, backup in the form of the invoice?

So it's in an different end of the transaction?

15

A.

Yes.

Right.

16

Q.

Does the Tribe maintain those?

15
16

A.

17

Q.

Her involvement?

17

A.

Yes.

18

A.

Right.

18

Q.

Is this reflective of Tribe's records that it

19

Q.

Okay.

19

20
21
22
23
24
25

Is there something else you want to tell me about


that you think is important?

20

Billie and Jimmie Bert to pay their legal fees in the

21

wrongful death case?

22

A.

No.

Q.

On Page 3 of Composite Exhibit 3, who is that

legal invoice from?


A.

would maintain relative to the Tribe's loan to Tammy Gwen

Lewis Tein.

A.

To all payments from the Tribe.

23

Q.

So you're going more broad?

24

A.

Correct.

25

Q.

You're saying every check goes out is going to

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Q.

Who is it addressed to?

A.

Chairman Colley Billie.

A.

Yes.

Q.

Chairman Colley Billie, the current Chair of the

Q.

Purchase orders?

Tribe?

A.

Yes.

A.

Yes.

Q.

Coding of some sort, whatever it may be?

Q.

What's the date?

A.

Yes.

A.

I don't know the date of the invoice. It is for

Q.

There's strict accounting function?

A.

Yes.

Q.

And in your experience the Tribe maintains its

the -- well, May 30th, 2010. I'm sorry.

Q.

That's okay.

10

A.

Yeah, its the invoice for the month of May,

11

2010.

12

Q.

13

And there's handwriting on the upper, sort of

right of Page 1?

10

have backup?

accounting records?

11

A.

Yes.

12

Q.

So if I pull any check and I go to the Tribe, I

13

should be able to find -- to work my way backwards through


the transaction as it were; is that correct?

14

A.

Yes.

14

15

Q.

What does that handwriting say?

15

A.

Yes.

16

A.

It says "ok to pay" and it's signed by Louise

16

Q.

And find a copy of the check in the Tribe's

17
18
19

17

Bert.
Q.

And on Page 1 of that invoice, is there a re

section indicating what the invoice relates to?

possession or the check stubs?

18

A.

19

Q.

Page 1 of this exhibit, yes or no?

A.

Yes.

Yes.

A.

Yes.

20

21

Q.

And what does it say?

21

Q.

Is a purchase order created by you?

22

A.

I think it says Tammy Billie.

22

A.

Yes.

23

Q.

On Page 3.

23

Q.

Yes or no?

24

A.

Oh.

24

A.

Not necessarily me, but yes.

25

Q.

Is there a re section?

25

Q.

Created by somebody in your department in the

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Tribe?
A.

Uh-huh -- yes.

Q.

You're doing well.

A.

Or administration.

Q.

Administration could create the purchase order?

A.

Yes.

2
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(Thereupon, the document referred to was


subsequently marked as Exhibit No. 4 for
Identification.)
BY MR. CALLI:

Q.

you not?

Q.

How is it

A.

-- in that conversation.

Q.

In the conversation you testified about, where

--

--

you testified earlier he said these are not loans, do you


recall testifying to that today?
A.

Yes.

Q.

In any manner did you make it clear to him or was

he just telling you that they weren't loans?


A.

11

I'm showing the Tribe what I've marked as

I don't know if I said what I was going to say

A.

He was telling me they weren't approved loans

Exhibit 4 and asking -- I think these are the checks the

12

because he did not find the approval in the minutes of the

Tribe's produced and were filed in the -- maybe in every

13

meetings.

action by now.

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24
25

The Tribe indicated it's in agreement that that's


what Exhibit 4 represents. I'm not going to go through
each and every one of these checks so don't be concerned
about that.
However, and if the Tribe has an objection to the
manner I ask it, or correction to what I'm saying, I
invite them to correct me or object.
Exhibit 4 are checks issued by the Miccosukee
Tribe to the Lewis Tein Law Firm that the Tribe
voluntarily produced to Plaintiff's lawyer in the Bermudez
case that were filed in that action and that form the

Q.

How long have you worked in and around Bernie

Roman?
A.

Well, we have never worked in the same

department, but we both worked for the Tribe for almost


20 years.

Q.

Have you had an opportunity to observe him while

he's been working as a lawyer for or on behalf of the


Tribe or its members -- not in Court, but at the Tribe?
A.

I've seen him at work.

Q.

Do you know whether Mr. Roman reviewed all of the

General Council and Business Council and Special Council


minutes?

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basis of proceedings there and are involved in other

A.

I don't know. He said he did. I don't know.

lawsuits; do you understand?

2
3
4
5
6
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8
9

Q.

Do you believe him?

A.

No.

Q.

Why not?

A.

Because he has given me reasons not to believe

A.

Yes.

Q.

And there's checks over a, maybe a 4 year period,


-

give or take, I don't know exactly, but the exhibit will


be part of the record of this deposition.
So these checks are certainly cut and issued
while you were an employee of the Miccosukee Tribe; do you
understand?
A.

Yes.

10

Q.

Is it your testimony that for each and every one

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of these checks, the same documentation that you just


testified to in Exhibit 3 should exist at the Tribe for
these records?
A.

Yes.

Q.

If they don't exist, what would your belief be as

to why they don't exist?


A.

Somebody would have had to take them or hide them

or destroy them.

Q.

Has anybody ever asked you to supply information,

proving or disproving that the Tribe made these loans to


Lewis Tein in the Bermudez case?
A.

No.

Q.

Did you ever discuss -- you did discuss that you

would testify that these were loans with Mr. Roman, did

things that he says; he has lied to me.


Q.

he did?

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Do you believe if he actually reviewed the

minutes and saw the approval that he would disclose that

A.

No.
MR. SCHEINBERG: As you're marking that,

what appears to be an exhibit, at some point


before your questioning can you let my client
peruse through some of it?
MR. CALLI: Yes. I'm going to hand you
4 and -- 4 is the composite exhibit of the
checks so while I'm marking 5, which is not
voluminous, feel free to look at 4.
MR. SCHEINBERG: Thank you.
MR. CALLI: While I'm marking, I'm going
to provide the Tribe a set of what is now
Exhibit 5. That's your copy.
MR. ROMAN: That's fine.
(Thereupon, the document referred to was
subsequently marked as Defendant's Exhibit

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1 bills with.

No. 5 for Identification.)


THE VIDEOGRAPHER: Were going off the
video.
(Thereupon, a discussion was held off
the record, after which the following
proceedings were had:)
THE VIDEOGRAPHER: We're back on the
video at 2:17 p.m.

Q.

Q.

3
4
5
6
7
8

A. Yes.
Q. Would go over bills that were submitted by

BY MR. CALLI:

10

I'm going to finish with Exhibit 3, Composite

The legal department?

outside lawyers to the Tribe for payment of the legal fees


as loans, is that what you're saying?

A.
Q.

They would go over all legal bills.


In this instance they're going over, in the legal

department, bills for which loans have been granted to the


individual Tribal member?

Exhibit 3. Page 15 is also what you described as a check

11

A. Yes.

stub as was Page 1. Is Page 15 an example of a separate

12

Q.

and distinct check stub issued by the Miccosukee Tribe to

13
14

those?

Lewis Tein?

A.

Yes.

15

Q.

Q.

Does it bear the number 8053 in the upper

16

date of fire?

17

A.

I don't think there is a legal department now.

18

Q.

Was Janeen Bennett ever replaced?

19

A.

No.

20

Q.

We talked about it at the start, but you were

left-hand corner?

A.
Q.

Yes.
Does that number appear on Composite

Exhibit 3-16?

21
22
23
24
25

A. Yes.
Q. Does 3 16 contain the code 1069 001?
A. Yes.
Q. Is that the Miccosukee Tribe's internal
-

accounting for legal fees receivable?

Do you know if legal would retain copies of

A. I don't know.
Do you know if legal still does that as of the

previously subpoenaed for deposition, the date was


January 28th. Do you remember being subpoenaed
previously? You said you received a subpoena at home.

A. I've received a couple of them.


Q. Do you remember being fired a day or two before
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12
13

A.
Q.

1 you were scheduled to give a deposition?

Yes.
Whose handwriting appears in the middle of the

page?

A.
Q.
A.
Q.
A.

I think that is Megan Acosta's signature.

Q.

And the initials in the lower right on the line

This one?
In the middle, yes, that you're pointing to.
The lower left signature.
That's my signature.

authorized by?

A.
Q.

Alina Fuentes.
Page 17, is that a legal invoice from Lewis Tein

dated April 30th, 2010?

14

A. Yes.

15

Q.

In the re section, what does it say?

16
17

A.
Q.

Tammy Gwen Billie, wrongful death action.


Does there appear to be handwriting on the right

18

side of that page?

19

A. Yes.

20
21

22

Q.

And what does it say -- who do you believe wrote

A. Yes.
Q.

It says "ok to pay", and its signed by Louise

23 Bert. I don't know who wrote "ok to pay", probably legal.

22
23

At any time did you receive an E-Mail from Bernie

Roman, or any of the lawyers who work with him and are
here, or not here, but work with him, asking your
availability on January 28th?

A.

An E-Mail asking my availability? I think on the

day I was fired there was an E-Mail that asked something


about availability.
Q.

Okay.
But what I'm really getting at is -- I got an

E-Mail that you weren't available on January 28th before


you were fired, did you ever tell any of the lawyers for
the Tribe or anybody at all that you were not available
that date?

21

it and who's signature do you believe that to be?

A.

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A.
Q.
A.
Q.
A.

I would have made myself available.

Q.

So why did Mr. Roman send me an E-Mail that says

No.
Were you available?
Did you intend to appear at your deposition?
Yes.

you weren't available?

A. I don't know.

24

Q.

Why do you say probably legal?

24

Q.

Is that a lie?

25

A.

Because I think that is who would go over these

25

A.

No.

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Q.

A. Yeah.

1 Council for a loan, anyone other than your lawyers, for a

Is it a lie that you were not available?

loan to pay his legal fees in the defense of the Bermudez

wrongful death case?

Q.

A. Yes.

Q.

Megan Acosta was a loan officer?


From 2005 to 2010 did anybody else occupy that

position?

A. Has anybody-Q.

Has anybody told you that Jimmie Bert testified

in a deposition under oath that, in fact, he made a

A. I don't know.

request to General Council for a loan to pay his legal

Q.

fees in the Bermudez wrongful death case?

A. I don't know.

Is there a loan officer now?

A. I don't know. But I was given transcripts.

Q.

10

10

Q.

11

A. No.

11

12

Q.

12

13

A. She was terminated.

13

14

Q.

14

15

A. I don't know.

Does Megan Acosta still work at the Tribe?


Why not?
Why; if you know?

15

Okay.
Deposition transcripts?

A. Of Jimmie -- I think one or two of Jimmie's


deposition.
Q.

There have been several. Do you have a

recollection of ever reading that before?

A. I'm not sure.

16

Q.

Do you know where she is?

16

17

A.

No.

17

18

Q.

Do you know if it had anything to do with --

18

all the different Bermudez litigation but was all Bermudez


occurred, more or less?

19

because she was going to tell the truth like you; do you

19

20

know if that's why she was fired?

21

Do you know when the incident that gave rise to

20

A. No.

A. I don't know.

21

Q.

Q.
A.
Q.
A.
Q.

I've provided Mr. Lopez and the Tribe's attorney

22

23

with Composite Exhibit 5. It consists of 14 pages and as

23

24

the court reporter suggested, and as Mr. Roman said was

24

25

permissible, I wrote in small letters on this exhibit, as

25

22

Q.

Okay.
A while ago, I mean. But exactly when, no.
Ten years ago?

I think at least, yeah.


So is it your understanding -- these minutes had

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I did in the earlier Exhibit 3, numbers in the lower right

originally presented his request to Business Council, they

corner. These are documents provided by Mr. Roman in

in turn informed him he had to present it to General

redacted form under a compelled Court order after he

Council for their final decision. He stated he is

resisted producing them. They are a composite of Tribe

requesting assistance from General Council and is he

minutes; do you understand?

hopeful they will consider his request. Is it your

A. Yes.

understanding that that's how individual Tribe -- Jimmie

Q.

Bert would have gone about in the Bermudez case asking for

a loan, asking for that assistance; that he would either


go to General Council or Business Council to make the

6
7

Turn to Page 5-3. The date of these records at

the top of the page are 11/5/90. There are the letters

before that date SGCMTG, which I believe stands for

10

Special General Council Meeting. Do you see all that

10

11

information?

request?

A. Either to General Council or Business Council at

11

a meeting or -- I mean not necessarily at a Business

12

A. Yes.

12

13

Q.

13 Council meeting. But yes, if it was from General Council

To yourself read -- read the second full

14

paragraph that appears on the page. "Request from Jimmie

14 it would be at the General Council meeting.

15

Bert". Do you see "Request from Jimmie Bert"?

15

Q.

So look at 5-4.

16

A. Yes.

16

A. Okay.

17

Q.

17

Q.

18
19

Do you believe that to be Jimmie Bert that is in

18

the wrongful death Bermudez case?

Turn the page. I need to give you the marked

copy.

A. Yes.

19

A. Okay.
Q.

21

Q.
A. Yes.

20

22

Q.

22

A. Okay.

23

Q.

20

23

Jimmie Bert, who Lewis Tein represented?

"Jimmie Bert stated".

24
25

21

So read to yourself the paragraph that begins


Before today has anybody ever told you that

Jimmie Bert testified under oath that he asked the General

And, please, read to yourself the top of Page 4.


Does that indicate to you Jimmie Bert is making a

24

request for a loan to pay his legal fees at a special

25

General Council, if you know?

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A.

A.

He's asking for an advance of his retirement

stipend.

Yeah. I mean, they're not asking for that

assistance.

Q.

What does that mean?

A.

It's a stipend that he receives as an

documents concern the Berts and Tammy Billie asking for

loans, discussing repayment where its going to come

ex councilmen.
-

Q.

Ten thousand feet. Ten thousand feet. Do these

Q.

In addition to a quarterly distribution?

from --

A.

It's different.

A.

Yes.

Q.

Does it says what he's asking it for?

Q.

--

advancements, repayments?

A.

To pay legal bills.

A.

Yes.

10

Q.

Look at Page 8.

10

Q.

What's eligible, what's not?

11

A.

Okay.

11

A.

Yes.

Q.

You see where it says "Louise Bert asked Chairman

12

Q.

And, in fact, Chairman Billy Cypress contends,

12
13

13

Cypress -- do you see that?

14

A.

you have responsibility; you have to pay it back; we're

Yes.

14

not a blank check; you have to make commitment. Is that


what that says to you?

And in 2000, which is the date at the top of that

15

16

page, February 3rd, 2000, would that have been Chairman

16

A.

Yes.

17

Billy Cypress?

17

Q.

Look at Page 13. The name Louise Jim appears

Q.

15

18
19

there, is that the same as Louise Bert?

A.

Yes.

Q.

Okay.

19

A.

No.

What does it mean Chairman Cypress and Ms.

20

Q.

That's a different person?

Bert -- in this case for these loans when it says,

21

A.

Yes.

Q.

Set that aside for me if you will. You can leave

20
21

18

22

"Chairman Cypress stated Mrs. Bert and her daughter are

23
24

currently reimbursing the Tribe for legal fees through


their NTDR -- don't tell me about the NTDR. When it asks

22
23
24

25

if the General Council would allow them to receive

25

that right on the stack there.


(Thereupon, the document referred to was
subsequently marked as Exhibit No. 6 for
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distributions without the deduction, what does that mean?

A.

To me that means that they were asking for their

whole distribution without having anything deducted from

it.

Q.

You mean they owed money, but they wanted the

whole distribution and to basically skip one quarterly


without repayment?

A.

That's what it -- that's what I understand.

Q.

A request like that had to go to either General

Council or Business Council or Special General Council?

10

12

I don't know exactly where the request would have

to go to, but since they made it there, I would say yes.

Exhibit 6, which I'm passing to the Tribe's

Miami-Dade Circuit Court. It is three pages.

A.

Q.

attorney, is the Affidavit of Bernardo Roman filed in

it.

11

BY MR. CALLI:

5
6

10

Identification.)

Are you done?

A.

Yes.
MR. CALLI: I will give your lawyer a

minute if he needs it.

11
12

Please read

MR. SCHEINBERG: I'm okay.


BY MR. CALLI:

13

Q.

Does it seem like a secret to you?

13

14

A.

No.

14

is the Affidavit of Bernardo Roman dated December 20th,

15

Q.

I mean, Billy Cypress comes to you and says do

15

2012, marked as Exhibit 6. It says, "There are no books

16

of accounts or general ledgers reflecting loans or

16

this, is that's what going on here?

Q.

Look at Paragraph 3. There are no books -- this

17

A.

No.

17

advances made by the Miccosukee Tribe to Jimmie Bert

18

Q.

Look at page -- first 9. Reads also

18

and/or Tammy Gwen Billie for payment of their legal fees

19

and related expenses to Guy Lewis, Esquire, Michael Tein,


or Lewis Tein PL." Is that a truthful statement?

19

September 3rd, 2000.


Look up when you're done.

20

21

A.

Okay.

21

A.

No.

22

Q.

Does that indicate to you that Louise Bert,

22

Q.

Do you know if the Tribe has book of accounts,

20

23

Jimmie Bert, Tammy Billie, that they're going to the

23

general ledgers, financial information that reflects the

24

Tribe's various governing bodies and asking for loans and

24

loans?

25

legal assistance to pay their legal fees?

25

A.

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Q.

Have you seen that here today?

A.

(Indicating).

before they were even representing them?


THE WITNESS: I guess, yeah.

Q.

What exhibit are you pointing to?

A.

Exhibit 1.

Q.

What about Exhibit 2?

possibly, as a lawyer, pass this off to a Court knowing

A.

Exhibit 2.

what you know and thinking it's not dishonest?

Q.

That's to Billy Cypress?

A.

That's Billy.

That's Billy. Let's take that back.

Q.

Q.

How else could you -- how else could you

MS. PINO: Objection.


MR. ROMAN: Objection.
BY MR. CALLI:

Q.

10

What about the -- what about Exhibit 3, that's

10

BY MR. CALLI:

Do you know that the Tribe gave loans to Jimmie

11

not a general ledger, but that is -- is that a record

11

Bert and Tammy Billie to pay their legal fees including to

12

reflecting payments?

12

Lewis Tein in the Bermudez case?

13

A.

Yes.

13

14

Q.

You have Exhibit 1, which is compilation of loans

14

A.

Yes. The loan wouldn't-MR. LOPEZ: Just answer the question,

15

okay.

15

titled to Tammy Billie, but you've explained that that

16

could and be probably does include Jimmie Bert and Louise

16

17

Bert; correct?

17

answering. You were saying the loan would

18

not be --

18
19

A.

Everything involving that case, correct.

Q.

Tammy's criminal case, the Bermudez wrongful

MR. CALLI: You can answer. You were

19

THE WITNESS: Be specific to one person.

20

death, any ancillary litigation, is that your

20

21

understanding?

21

Q.

Because why? You're pointing at Exhibit 1.

Because there are many expenses related to these

22
23
24
25

BY MR. CALLI:

A.

Yes.

22

A.

Q.

cases.

You got Exhibit 5 talking about Bert, Lewis Tein

23

and Jimmie requesting loans for legal fees in 1998, 2000

24

Q.

Do you know who Jasper Nelson is?

and forward?

25

A.

Yes.
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A.

Yes.

Q.

Who is he?

Q.

When the Bermudez case was pending; right?

A.

Assistant Chairman.

A.

Uh-huh. Yes.

Q.

Now?

Q.

And Exhibit 3 are the Lewis Tein invoices signed

3
4

A.

Yes.

Q.

For how long?

A.

As long as I can remember.

4
5

6
7
8

"ok for payment," right?

A.

Yes.

Q.

And you've told me that these documents are all

Q.

Twenty years?

A.

I think so.

Q.
A.

Okay.

Q.

Are you aware that he testified that Jimmie Bert

coded as a legal loan receivable; right?

A.

Yes.

10

Q.

So what's the game? How is Bernie Roman gaming

10

I think so. I'm not sure.

11

the judge by phrasing this sentence the way he has? Where

11

12

is the big lie in that paragraph? Where is his fraud on

12

and Tammy Billie asked the General Council for unlimited

13

the Court?

13

loans to pay their legal fees in the Bermudez wrongful


death case and General Council approved it?

14

MR. ROMAN: Objection.

14

15

MS. PINO: Objection.

15

A.

Yes.

16

MR. CALM You can answer.

16

Q.

Look at Paragraph 4. It says, "There are no

17

THE WITNESS: To make it look like we

17

books and/or records entitled 'Jimmie Bert- Legal A/R'

18

were not recording a receivable for her fees.

18

reflecting payments or deductions from Jimmie Bert for

19

payments of legal fees made by the Miccosukee Tribe to Guy

records contain the name Lewis Tein or Guy

20

Lewis, Michael Tein, or Lewis Tein for their

21

Lewis; does that make any sense to you? Does

21

representation of Tammy Gwen Billie and Jimmie Bert." Do

22

that look -- at that time is that what he's

22

you see that?

23

saying? Is that why it wasn't approved? Is

23

24

that why he's saying it wasn't approved,

24

Q.

Let's go back to Exhibit 1.

25

because Lewis Tein's name doesn't appear

25

A.

Uh-huh.

19
20

MR. CALLI: Because none of these

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85
1

Q.

A. Right.

1 distribution, whatever money the Tribe gives them, how do

You see how that's titled?


Is Jimmie Bert rolled into that?

you reconcile that paragraph we just discussed with this,

had do you reconcile that?

Q.

A. Yes.

Q.

So is Paragraph 4 -- Paragraph 4 does Mr. Roman

A. I can't.
Q. Because what, Guy Lewis and Mike Tein aren't
mentioned in the meeting?

write that because Jimmie Bert's records are on a document

named Tammy Billie?

A.

Q.

A. Because there's not something specific.

Q.

To Jimmie Bert?

I don't think anybody is mentioned in there.


Right. Right. Right.
Is this all a big ruse by Billy Cypress, Mike

10

A. To Jimmie.

10

Tein and Guy Lewis and the Tribe? To your knowledge, is

11

Q.

11

all this financial data, these minutes, is it all made up?

12

It's included all for the family right here is

A. No.

12

your knowledge?
A. Yes.
Q. Do you think that's honest?

13

Q.

14

14

A. Yes.

15

A. No.

15

Q.

16

Q.

16

associated with them ever -- you never had any contact

17

A. Yes.

17

with them, did you?

18

Q.

18

19

A. No.

19

20

Q.

20

ever tell you about a big fraud or anything -- anything

21

that indicated to you that was -- this was -- this was


fraud, this is a ruse?

13

21

Do you think that's misleading?


Would you ever submit that to a judge like that?
Do you think the legal department knows whose

loans are reflected on this document?

Is it a real loan?
Did any -- did Mike Tein, Guy Lewis, or anybody

A. No.
Q.

Did Chairman Billy Cypress or Chairman Colley

22

A. Yes.

22

23

Q.

23

A.

No.

records entitled 'Tammy Billie Legal A/R similar to

24

Exhibit "I" attached hereto for payments of legal fees

25

Q.
A.

Colley Billie

24
25

Look at Number 5. "There are no books and/or

By the way, who's the Chairman of the Tribe?


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1

made by the Tribe to Guy Lewis and Michael Tein for the

representation of Tammy Billie."

Q. So in Exhibit, Composite Exhibit 3, the Lewis


Tein invoices approved for payment by Louise Bert, who are

those invoices addressed to?

What am I missing with regard to Exhibit 1?

A. Chairman Colley Billie.

Please tell me, as an accountant, how I can make sense of

that statement in light of what you've testified to and

I'm holding as Exhibit 1 in this deposition?

lawsuit saying that those payments -- made allegations


that they're not loans to Lewis Tein; do you know that?

Q.

Do you know that Colley Billie has filed a

A. I don't know.

Q.

A. I didn't know that.

Q.

9
10
11

I want you to explain to me why that is not a

lie.

A. I can't.
Q. Look at Paragraph 6. Paragraph 6 and 8 say that

Does the Tribe have annual independent, outside

10

audits? Without getting into specifics or telling me who

11

does that.

12

Mr. Roman has reviewed all minutes from '98 through 2010.

12

A. Yes.

13

In Paragraph 6 he says of the Business Council. In

13

Q.

14

Paragraph 8 he says of the General Council. And in 8 he

14

A. Yes.

15

says, "There are no writings, other information,

15

Q.

16

memoranda, documents, notes, or other things with respect

16

A. Yeah.

17

to accounts receivable for loans in general or loans to

17

18

Jimmie Bert or Tammy Billie by the General Council for

18

adult voting membership of the Miccosukee Tribe as far as

19

payment of legal fees by the Tribe for legal

19

you know?

20

representation by Guy Lewis, Michael Tein or Lewis Tein."

20

21

Do you see that?

21

22

A. Yes.

22

manner a clear categorization of expenditures that are

23

Q.

So in Exhibit 5 where the Berts and Billy and

23

booked as legal loan receivables?

24

Jimmie and Louise are asking for loans and assistance

24

A. Yes.

25

through advances of their retirement, their NTDR, their

25

Q.

Q.

Are they disclosed to the General Council?


Is the General Council comprised of the entire

A. Yes.
Q.

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Are those provided to the Business Council?

Do those audited financials include in some

Do they include expenditures by the Tribe for


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89

Q.

1 Billy Cypress that are not loans? Expenditures. Do the

but generally speaking, with regard to the audit process,

audited financials shows all the money going out?

Don't tell me who and don't tell me what's on it,

A. Yes.

would you get a list of source documents requested by the

Q.

auditor that he would need to review in preparation for

his annual independent audit?

5
6
7
8
9
10

Does that include whatever money was given to

Billy Cypress as a loan or otherwise?

A. Yes.

A. Yes.

Q.

Q.

A. Yes.

Q.

Was any of that information ever hidden from the

auditor?

A. No.

Q.

10

Were you ever asked by Billy Cypress, Julio

Would you comply with that?


Would it include anything and everything he asked

for?

11

Martinez, Miguel Hernandez, Dexter Lehtinen, Mike Tein,

11

A. Yes.

12

Guy Lewis, were you ever asked to keep the auditor in the

12

Q.

13

dark?

13

A. No.

Did you ever withhold anything from the auditor?

14

A. Never.

14

Q.

15

Q.

15

A. No.

16

Did the auditor have free reign to all the

A. Yes.

18

Q.

19

Q.

16

financial information of the Tribe?

17

17

Are you aware of Billy Cypress ever giving or

receiving kickbacks to Lewis Tein?

Did you ever hide any payments to Lewis Tein?


Did you ever hide any loans made on behalf of

Tribe members to Lewis Tein?

18

A. No.

19

Q.

Did you ever hide any payment or money that was

20

given to Billy Cypress, whether it was a loan or

MS. PINO: Objection.

21

otherwise?

22

MR. LOPEZ: What is the --

22

23

MS. PINO: How would she know?

23

Q.

24

MR. LOPEZ: She said no.

24

A. No.

25

MS. PINO: How would she know one way or

25

Q.

20

A. No.

21

A. No.
Did Lewis Tein ever ask you to do that?
What is an attorney representation letter in the
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the other?

BY MR. CALLI:

A. For the audit?

Q.

A. Yeah.

Q.

Did you coordinate or help prepare the annual

budget?

Miccosukee Tribe; have you ever heard that term?


Sure. Yes.

A. Yes.

Q.

Q.

A. That's a request that is made to all attorneys

Do you coordinate, help prepare or provide

7 being paid by the Tribe each year, to write a letter for

information for the annual independent audit?

A. Yes.

Q.

What is it? What does it mean?

8 the audit, I think, detailing what type of litigation and


9 things the Tribe is involved in, anything that might be

Do you post journal entries?

A. Yes.

10 upcoming, so on, outstanding balances.

11

Q.

11

Q.

12

A. Yes.

12

A. Uh huh.

13

Q.

13

Q. -- in my case Lewis Tein, is doing work for the

10

Do you review bank reconciliations?


Do you prepare periodic statements such as

So if that -- if that lawyer, any lawyer --

14

unaudited profit and loss monthly financial statements

14

15

reviewed by the Tribal Council every month?

15

A. Yes.

A. Yes.

16

Q.

Q.

16

Tribe, that letter has to be provided?


If it's for individual Tribal members, that

17

letter does not have to be provided for the audit; is that

18

expenditures, loans, receivables, or expenditures are

18

correct?

19

provided to the Business Council?

19

A. Correct. Yeah.

A. Yes.

20

Q.

21

Q.

21

22

A. Yes.

22

A. I --

23

Q.

23

Q.

17

20

24
25

Are you aware of whether every week all Tribe

In regular meetings?
And that would include loans to Tribe members for

24

legal fees or expenditures by Billy Cypress?

A. Yes.

character of these checks?


You're saying something. If you don't know you

don't know. I'm asking you --

25

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That is a document that would distinguish the

A. I don't know if they would include any of that in


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their representation letter or not.

BY MR. CALLI:

Q.

My question to you --

A.

Uh - huh.

Q.

Q.

-- as part of the audit function.

A.

Uh - huh.

Q.

Did you ever see the management letter?

Q.

Is the attorney rep letter requested by the

A.

I have seen management letters.

Q.

Do you have any recollection whether there was

Did Julio Martinez ever tell the auditor directly

not to put it in his management letter?

A.

I don't know.

auditor only if the lawyer from whom its requested on the

outside of the Tribe is doing legal work for the Tribe?

any discussion in the management letter about Billy

Cypress's expenditures on credit cards or otherwise?

A.

Yes.

10

Q.

So it's not requested by the auditor if the

11

lawyer outside is representing an individual Tribe member?

10

A.

I think there was.

11

Q.

Was there a discussion that they were excessive

12

A.

Correct.

12

13

Q.

And the Tribe member is responsible for his or

13

A.

I think so.

14

Q.

Does that management letter go to the Management

14

her own legal fees?

or out of the ordinary?

15

A.

Right.

15

Tribe?

16

Q.

No attorney rep letter for the representation of

16

A.

Yes.

17

Q.

Is it part of the unaudited, audited financials,

17

an individual Tribe member for the audit?

18

A.

Correct.

18

19

Q.

So if Bernie Roman wants to take all these

19

A.

Audited.

Q.

So the management letter is going to disclose to

or both?

20

checks, which are truthfully 50 percent for Lewis Tein's

20

21

work for the Tribe, and 50 percent for its work for

21

anybody and everybody who has access to the audited

22

individual Tribe members, and mislead the Court that

22

finances the auditor's concern about Billy Cypress's

23

they're all one payment by one source, the Tribe, the

23

credit card?

24

attorney rep letter would help the Court see what the

24

A.

I'm not sure if it's attached to it or not.

25

truth is; right?

25

Q.

It's accessible to people in the Tribe?


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A.

Yes.

A.

Yes, they could come ask to see it. Yes.

Q.

What's a management letter in the audit process

Q.

So how could it be in the lawsuit Mr. Roman

generally? Don't tell me anything specific about the

signed that he alleges my clients, Lewis Tein, conspired

Tribe's business.

to keep Billy Cypress's expenditures secret from the Tribe

if it's in the audited financials?

A.

I believe its the letter where Tribal management

I don't know.

acknowledges what the auditor finds during his audit, more

A.

or less.

Q.

If you think of any way, will you let me know?

A.

Yes.

Q.

If it's after today, will you tell your lawyer so

8
9

Q.

Does that management letter go to outside lawyers

like Lewis Tein?

10

A.

No.

10

11

Q.

Does the audit letter disclose any concerns the

11

A.

12

auditor has?

12

Q.

13
14

they can share it with me?

Yes.
Because I can't figure it out.

A.

Yes.

13

Q.

Like if the auditor was concerned that Billy

14

Billy Cypress, has a separate Number 1078. Does Billy

15

Cypress have a separate loan number? Did he have a

16

separate loan numbers and were his financials tracked

15

Cypress spent a lot of money, he would put it in his

16

management letter?

You mentioned as to Exhibit 2, which is loans to

17

A.

Yes.

17

separately because there was some effort by him and the

18

Q.

Did you ever tell the lawyer not to put that in

18

Tribe to -- to keep secret or fraudulent his transactions?

19

A.

No.

20

A.

No.

20

Q.

Why would you keep track of it if it was a fraud?

21

Q.

Did Julio Martinez ever tell you to tell the

21

A.

Correct.

22

Q.

Was it -- was it fake? Do they just zero it out

19

22

the management letter?

auditor not to put it in his management letter?

23

MR. PINO: Objection.

23

at the end of the year and there's never really any

24

THE WITNESS: No.

24

repayment?

25

A.

25
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No.
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97

Q.

A. Yes.

Q.

To your knowledge, does he still owe money?

attaching the 1099 that it issues when it files the 1099?

Yeah. So if its a fake loan -- never mind.

What would I be looking for -- what should I look

for as indicia that the manner in which the Tribe coded

and booked loans receivable, legal fees receivable for the

7 loans to Tammy and Billy, or whatever lawyers they paid

over the course of the time that they had these unlimited

loans that Jasper Nelson testified about? What indicia

A. No.
Q.

Do you know that 1099's do not contain the date

it was actually manufactured or created?

A. I didn't know that.


THE VIDEOGRAPHER: Were off the video
record.
(Thereupon, a discussion was held off
the record, after which the following

10

would I look for to show me that the loan was fake, that

10

11

it was a fraud, that it wasn't really a loan? Think

11

THE VIDEOGRAPHER: This is videotape

12

broadly about any financial aspect of this that would

12

number three. We are back on the record at

13

suggest to me a red flag to say this is -- this is the

13

3:12 p.m.

14

smoking gun, this is why this is not a loan; where would I

14

BY MR. CALLI:

15

find that?

15

proceedings were had:)

Q.

Ms. Goldenberg, I asked you earlier and you

16

A. I don't know. You wouldn't.

16

17

Q.

Well, if these payments made to Lewis Tein from

17

has to discuss Tribal financial matters; do you recall

18

the Miccosukee Tribe for payment of Jimmie and Tammy's

18

that?

19

legal fees in the Bermudez civil wrongful death case or

19

20

anything to do with Bermudez, if they were not loans --

testified regarding weekly meetings the Business Council

A. Uh-huh.

20

Q.

21

A. Uh-huh.

21

A. Yes.

22

Q. -- if they were paid by the Tribe with no

22

Q.

You got to say yes.


Based on your experience do you refer to those as

23

obligation for Jimmie and Tammy to repay them, shouldn't

23

24

the Tribe have issued a 1099 to Lewis Tein for every year

24

A. Finance meetings.

25

in which they made those payments?

25

Q.

Monday morning expenditure meetings?


Finance meeting. Have you ever attended any of
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98

A.

Yes.

Q.

Right. Does the Miccosukee Tribe adhere to the

A. Yes.

requirement that it issue its 1099's in the month after

Q.

the end of tax year captured on the 1099 form? Does the

A. Many times.

Tribe issue 1099's?

Q.

A. The Business Council.

A.

They issue 1099's.

Q.

Regularly?

A. Yes.

Q.

Have you -- are you aware of the IRS testifying

those?
Many times over 20 years?
Who generally -- who generally is present?

Q.

A. Yes.

Q.

Which consists of five members?


The chairman, vice chairman, the treasurer, and

10

that -- with Mr. Roman that the Tribe is in substantial

10

11

noncompliance for not producing or submitting or serving

11

12

or creating hundreds and hundreds of 1099's?

12

Q.

A. Yes.

13

A.

I know there's some issue with 1099's.

13

Q.

I don't want to get into the taxes. I don't want

the law maker?

A. And the secretary.


And the secretary, okay.

14

Q.

15

to get too far into taxes. What I asked about is public

15

A. Finance director, supervisor, me, possibly and

16

hearing.

16 people from other Tribal enterprises come in and out of

14

17
18
19

Your boss?

17 the meeting.

Do you know what a 1096 is?

A. No.
Q. Are you charged with preparing 1099's or issuing

18

Q.

19

A. Correct.

20

Q.

A. Yes.

Like the controller of the casino?

20

them?

21

A.

No.

21

22

Q.

Who does that?

22

Q.

23

A.

Accounts payable.

23

A. Yes.

Q.

You've never heard that a 1096 is the document

24

Q.

25

A. Yes.

24
25

that in this case the Tribe would send to the IRS


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Like the controller of the hotel?


Like the golf course manager?
Like the service plaza manager?
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1

Q.

Right.

before the date on that affidavit? Did he talk to about

A.

Yes.

creating that affidavit?

Q.

And at that meeting would you agree with me that

A.

No.

what is discussed among other things is credit card

Q.

Did he ask you for your input? Did he say I have

payments, wires, lists of checks issued to attorneys and

otherwise, and things of that nature?

to do an affidavit, can I ask you some questions?

A.

A.

Yes.

Q.

Did he send any E-mails to that effect?

Q.

Are you aware of any instance where expenditures

A.

About having an affidavit and asking questions,

Q.

Are you aware of anybody else in accounting,

to Billy Cypress, Guy Lewis, Mike Tein or Lewis Tein were

No.

no.

10

purposefully or inadvertently withheld from any Monday

10

11

morning expenditure or Business Council meeting?

11

finance, accounts payable, accounts receivable who he


spoke to about the facts set forth in that affidavit?

12

A.

No.

12

Q.

And these people, these other people not on the

13

A.

No.

14

Business Council who manage other enterprises of the

14

Q.

Do you know how he arrived at the facts in those

15

Tribe, they're privy to this information as well?

15

affidavits?

13

16

A.

No.

16

A.

No.

17

Q.

Are they present when it's discussed?

17

Q.

Do you know who he involved in looking into the

18

A.

Not that part.

18

issue and consulting before he made those representations?

19

Q.

Not that part?

19

A.

No.

20

A.

Right.

20

Q.

Do you know if Mr. Roman ever went into the

21

Q.

That part's just the finance, accounting and

21

finance department to review documents?

22

A.

In the finance department? I don't know.

23

A.

Correct.

23

Q.

Why did you ask me in that manner?

24

Q.

Would a discussion of Billy Cypress's

24

A.

Because the documents would normally be provided

22

25

Business Council?

25

expenditures have occurred at these meetings?

to the Chairman's office, which is not in the finance

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department.

A.

Possibly.

Q.

Do you have a recollection of whether they were?

Q.

And they would be kept in the Chairman's office?

A.

I don't recall.

A.

I don't know where they would be kept.

Q.

If you don't, who in accounts payable prepares

Q.

What do you mean they would be provided? Do you

the 1099's?

A.

Right now?

mean if requested or in the normal course?


A.

If something was requested -- if the Chairman was

Q.

Yes.

requesting documents from the finance department, they

A.

Terry Kissel.

would be provided to him.

Q.

Who?

Q.

Same for the accounting department? You said

10

A.

Terry Kissel.

10

11

Q.

Can you spell it?

11

A.

Oh, same thing.

12

A.

T e r r yK i s s e I

12

Q.

Would it necessarily be that Mr. Roman as the

general counsel, c-o-u-n-s-e-I of the Tribe would have to


request access through the Chairman?

finance.

13

Q.

Was she doing that in 2012?

13

14

A.

Yes.

14

15

Q.

Do you know anybody else who would create 1099's?

15

A.

He would request on behalf of the Chairman

16

A.

No.

16

Q.

Who is he?

17

Q.

She is still employed there?

17

A.

Bernie.

18

A.

Up until the time I was terminated, yes.

18

Q.

Would request on behalf of the Chairman?

19

Q.

Do you know generally if she lives in Dade or

20

Broward?

19

A.

Correct.

20

Q.

So you're saying he couldn't just go in and thumb

21

A.

Dade.

21

through it?

22

Q.

How long has she worked there?

22

A.

Shouldn't.

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A.

I don't remember. It's been several years.

23

Q.

So there would be a record then of his request?

Q.

Can you look at Exhibit 6? Did Mr. Roman ever

24

A.

Normally yes.

25

Q.

What type of a record?

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25

talk to you about any of the matters discussed in there

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A.

An E Mail.

Q.

Q.

Who would be charged in each department,

A.

No.

Q.

Well, I mean it's, at the time its attached to a

accounting and finance --

And did you know?

A.

Its the same department.

legal pleading filed by Mister -- or provided by Mr.

Q.

--

Roman; right?

A.

Q.

8
9

A.

with gathering of records?

A.

Yes.

Okay.

Q.

Did the police ever say anything about Mr. Roman?

Look at Exhibit No. 4.

A.

No.

Uh huh.

Q.

Did you ever say I don't know, ask Bernie Roman?

A.

No.

Q.

Now, did anybody from the Business Council

It would depend.

10

Q.

Yes or no, you see that?

10

11

A.

Yes.

11

12
13

Q.

Checks made payable from the Tribe to Lewis Tein;

12

right?

question or ask you about the release of those checks?

13

A.

No.

Q.

If Mr. Roman had been authorized to release those

14

A.

Yes.

14

15

Q.

Listen to me carefully now, I'm going to ask you

15

checks, as he represented to the Third District Court of

16

Appeal, why would the police be investigating where they

16

a series of questions, okay?

17

A.

Okay.

17

came from?

18

Q.

Do you know how those checks were released?

18

A.

I don't know.

No.

19

Q.

Who called the police?

Are you aware of any instance where the

20

A.

I think it was the treasurer.

21

Q.

Which is Jerry Cypress?

Yes.

22

A.

Yes.

Q.

Tell me about it.

23

Q.

How -- I thought the treasurer sat on the

A.

The police came and questioned people in our

24

19

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21

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A.

Q.

Miccosukee Tribe investigated the release of those checks?

A.

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department.

Business Council?

A.

He does.
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2

Q.

About what?

A.

About how checks got out.

to authorize the release of those checks, how could the

Q.

Did they ask you?

Business Council have authorized it as Mr. Roman

A.

Yes.

represented to the Third D.C.A., I believe, without Jerry

Q.

Let me try to make sense of it. At the time the

Cypress knowing about it?

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5
6
7

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9
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A.

I don't know.

Yes.

Q.

Could Colley Billie just authorize it without

At the time that they came to your department,

police -- the Miccosukee police, right, is that right?

A.

Q.

A.
Q.

Would that be permissible?

A.

That wouldn't be up to me.

Q.

Why wouldn't Colley tell the treasurer if he was

11

Q.

What do you mean you thought about checks?

12

A.

I thought it was about the checks that were

12

13

released.

14

Q.

So you knew they had been released?

14

15

A.

I had heard something about checks being

15

16

released.

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Q.
A.

19
20
21

13

going to do that?

A.

I don't know.

Q.

Doesn't the Tribe like to keep its financial

16

records really tight to the vest because of all its IRS

Had you read it in the paper or had you heard it?

17

problems and generally doesn't like anybody telling it

It could have been in the paper. I don't

18

what to do?

19

A.

Yes.

20

Q.

So what's the justification for voluntarily

remember.
Q.

I don't know.

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10

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18

anybody else's knowledge?

I thought about checks.

did you even know what they were talking about?

A.

So if the Business Council is the authorized body

And did you know it was released in connection

with the Tribe and Bermudez and Lewis Tein?

21

producing all these checks, as far as you know, that the


Tribe would otherwise resist, as its done with every

22

A.

Yes.

22

23

Q.

And what do you recall the police asking you?

23

other piece of discovery in this case, and just produce

A.

I remember it being vague, just about do you know

24

them to a party who's directly adverse to it, why would

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that happen?

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25

how that stuff got out there.


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A. I don't know.
Q. Do you know how the police investigation
concluded?

A.
Q.

No.

Do you know if Colley Billie told them to stop


investigating?

A. I don't know.
Q. But it sounds like somebody took those checks
without permission and didn't have authority to release
them because the police were investigating; right?

A.

It sounds weird.

Q.

And somehow they ended up in the hands of a


lawyer representing a person adverse to the Tribe who
happens to be a friend of Bernie Roman -- that's weird,
right?

A.

Yes.

MR. CALLI: Right. I just have


two minutes -- I don't have any other
questions, Ms. Goldenberg. I don't have any
other questions. Thank you.
THE WITNESS: You're welcome.
MR. LOPEZ: Before the tribe's lawyer
begins questioning I'm going to lay, for the
record, that I have some genuine concerns
about the questioning that's going to take
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place due to the fact there's been some


serious allegations made about Mr. Roman, his
involvement, being a potential witness, yet
representing the Tribe at the same time. I'm
going to ask that if Mr. Roman is going to be
the person asking questions, that after the
questioning he be placed under oath and allow
Ms. Goldenberg's attorney to question him,
and because he's obviously at this stage a
witness to this case inasmuch as he is the
attorney representing this matter before both
the federal court and as it relates to this
deposition in the circuit court in Miami-Dade
County.
MR. CALLI: Do you want to wait and let
him get criminal counsel or do you just want
to go forward?
MR. LOPEZ: I want to give him the
opportunity if he wants -- If he wants to
consult -- two things. One, if he wants to
consult with his client and see if it's okay
for him to continue to represent their
interest when he has been -- its been allege
that he is a material witness in this case
and there's been some allegations made of
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potential misconduct. I want to give him
that opportunity and/or I want him to be
placed under oath and allow Ms. Goldenberg's
attorneys to question him under those two -those are just my genuine concerns and my
objection to his questioning the witness.
MR. ROMAN: Okay. As to your first
concern, I have already fully checked with my
client as it was anticipated that what has
transpired here today had already been
planned. As to number two -MR. CALLI: I'm going to object to
"planned".
MR. ROMAN: As to number two -MR. CALLI: It's a little ironic that he
would use the word "planned".
MR. ROMAN: I have a right, on behalf of
my client, to question now Ms. Goldenberg,
and I intend to do so and I will assume full
responsibility for it. Does that answer your
second concern?
MR. LOPEZ: That's it.
MR. SCHEINBERG: Before you start
questioning, can I just suggest, with all due
respect, that based on the testimony thus
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far, Mr. Roman, you, if not are a direct


witness, you are potentially a witness in the
case, and potentially have a conflict with
the Tribe.
I respectfully suggest that we recess to
allow the Bar to give an opinion regarding
you moving forward with your questioning, and
that actually enures to the benefit of your
client, if the Tribe is still your client,
when you conduct the questioning.
So at the very least, I suggest we
recess to get an opinion from the Bar.
MR. ROMAN: I am -- are you done?
MR. SCHEINBERG: Yes.
MR. ROMAN: I think that your suggestion
is -- it's very well taken. It's very
thoughtful of you, and as a friend and member
of the Bar, I thank you for it. I don't
think that it is necessary. And I, once
again, will assume full responsibility for
proceeding to question your client. And any
matters informing the Florida Bar, I am sure
that Mr. Calli, who's in one of the grievance
committees, will be more than happy to
participate if necessary
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MR. CALLI: I would never participate in

a Bar proceeding that involves you, because

which you are under subpoena here today?

A.

Yes.

that would be a conflict of interest, and so

Q.

Which is that case?

I take exception to your suggestion of

A.

Tribe versus Lewis Tein.

otherwise; you and I have absolutely nothing

Q.

You were asked -- you have been asked by attorney

in common when it comes to the -- our

for -- by the attorney for Lewis and Tein several

character or ethics.

questions regarding former Chairman Billy Cypress; are you

8
9

MR. SCHEINBERG: My point, Mr. Roman,


was simply to suggest, with all due respect,

under the -- is it your belief or understanding that Billy

Cypress is part of this case?

10

that you explore the matters that I mentioned

10

A.

I don't know.

11

before you go forward and move forward with

11

Q.

Is it your belief that this case is about Jimmie

12

your questioning. But as you -- as you say,

12

13

you do it at your own peril or with your own

13

A.

He's involved.

14

responsibility.

14

Q.

How is he involved?

15

A.

Because were talking about the payments to Lewis

15

It appears to me that you're a witness,

Bert?

16

especially in light of the affidavit that I

16

17

just learned about today and the records that

17

18

sit before this witness. I suggest we

18

Tein for their representation of Jimmie Bert and/or Tammy

19

recess, but if you don't want to do that,

19

Billie has anything to do with this case?

20

that's your call.

20

A.

Yes.

21

Q.

How?

21

MR. ROMAN: Thank you. I'm sorry, I have

and Tein on behalf of Tammy and Jimmie.


Q.

Is it your belief that the payments to Lewis and

22

not learned your name yet, even though it's

22

A.

How?

23

on the record.

23

Q.

Yes.

A.

I believe you're saying that they're not loans

24
25

MR. SCHEINBERG: Howard Scheinberg.

24

MR. ROMAN: Okay, thank you.

25

and that you're saying they are lying by saying that they
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CROSS EXAMINATION

Q.

are.

BY MR. ROMAN:
Ms. Goldenberg, how long did you work with --

Q.

So do you -- is it your belief that whether the

payments to Lewis -- to Lewis and Tein are loans or not,

in their representation of Jimmie Bert and Tammy Billie,

A.

From 1992 to 2010.

is part of this case?

Q.

How long did you work alongside Miguel Hernandez?

A.

Yes.

A.

From 1992 until later in 2010.

Q.

Okay.

Q.

And how long did you -- were you employed under

alongside Julio Martinez?

the leadership of former Chairman Billy Cypress?

Now, is it your belief that the outcome -- the


determination of whether payments by the Miccosukee Tribe

From 1992 -- did I say '92 before or 2002?

10

11

MR. REYES: You said '92.

11

or not loans is an issue in this case that you have been

12

THE WITNESS: Okay. So '92 until the

12

subpoenaed for?

10

13
14
15

A.

13

beginning of 2010.

background as it relates to the -- to your employment with

16

17

the Miccosukee Tribe during these years?

17

19
20
21

A.

My -- I have a Bachelor's Degree in Accounting

and I have Master's Degree in Taxation.


Q.

Can you read that back?

15

Can you describe for us your educational

16
18

MR. SCHEINBERG: Can you rephrase that?

14

BY MR. ROMAN:

Q.

to Lewis and Tein, whether they were in the form of a loan

(Thereupon, the question was read back


by the reporter as above recorded.)
MR. SCHEINBERG: Do you understand the

18

question?

19

THE WITNESS: Not the beginning part of

20

And where is your Master's Degree in Taxation

from, what institution?

the question.

21

MR. ROMAN: Let me --

22

A.

University of Miami.

22

THE WITNESS: The outcome or

23

Q.

When did you obtain your Master's in Taxation?

23

determination of whether they're loans -- I

24

A.

1991.

24

25

Q.

Are you aware of what is the case that under

25

don't.
BY MR. ROMAN:

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Q.

Anything

Let me rephrase this. Do you believe that

on the attorney-client privilege.

deciding whether these payments were loans or not loans is

that she did was related with any

an issue in this case?

conversation that her and I had as her

A.

Yes.

attorney. And so, other than anything you

Q.

Do you believe that this is what this case is

and I discuss, or anything you told me, is

about?

there anything else you did with regard to

these allegations? Whatever it was that

7
8

MR. LOPEZ: I'm going to object. It


calls for speculation.

MR. ROMAN: You may answer.

10
11
12

related to me, Mr. Reyes or Mr. Scheinberg,

you don't have to answer under

10

THE WITNESS: I don't know that its the

attorney-client privilege.

11

only thing the case is about.


BY MR. ROMAN:

I think -- Mr. Roman, I don't want to

12

misquote or mischaracterize your question.

13
14

Q.

What else do you think this case is about?

13

You're asking anything other than what she

A.

I don't know.

14

told me and her attorneys in -- related to

15

Q.

Are you saying that you came to this deposition

15

this case, did you do or say anything?

16
17
18
19
20
21

16

today without knowing what the case is about?

A.

determined that what was being said about

18

them not being loans was not true. But that,

What are the details that you know about this

19

I think, was said sometime ago, so I -- I

20

have had conversations with various people

That the Tribe paid Lewis and Tein for Tammy's

21

about that.

case.

Q.
case?

A.

22

and Jimmie's legal fees as a loan and that I believe what

22

23

you're saying is that it was not a loan.

23

24

Q.

25

THE WITNESS: Well, he's saying when I

17

I'm saying I don't know all the details of the

Okay.

24

You were asked by the attorney for Lewis and Tein

25

BY MR. ROMAN:

Q.

Okay. All right.


Did you come to the conclusion, before you were

represented by the three attorneys that are in the room


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that the allegation by the Tribe in their lawsuit are not

now on your behalf, that these allegations that these were

true, do you remember that question?

not loans was not true?

A.

Not the specific question, no.

Q.

Okay.
Do you believe that those allegations are true or

5
6

not?

A.

Yes.

Q.

And when was that?

A.

I don't remember exactly when.

Q.

When you first learned that these allegations by

A.

Allegations of what?

the Miccosukee Tribe, that these were not loans, what did

Q.

The allegations in the Complaint.

you do?

A.

Specifically?

10

Q.

The allegations that these are not loans.

10

11

A.

Yes, I do not think that is true.

11

12

Q.

And when did you become aware that these

12

13
14
15
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13

allegations in the lawsuit were not true?

A.

I guess at the time that I heard that that was

being alleged.
Q.

MR. LOPEZ: Who did you speak to? Did


you tell anyone?
MR. ROMAN: That's not my question.
That's not my question. My question is what
did you do. Not who you spoke to. What did

15

you do.

17

alleged?

I think you already asked that.

14
16

And when did you hear that that was being

A.

THE WITNESS: I don't know how to answer


that question.

18

A.

I don't remember.

18

MR. LOPEZ: Ask a specific question.

19
20

Q.

What did you do when you learned of these

19

What did you do? Did you jump? Did you run?

20

Did you cry? Did you scream, "Oh my God, I


can't believe this." I mean, ask a specific

allegations with your knowledge that they were not true?

21

MR. SCHEINBERG: That calls for --

21

22

THE WITNESS: What did I do?

22

question. "What did you do?" That is so

23

MR. ROMAN: Yes.

23

vague and so -- that asks for a narrative

MR. LOPEZ: Can you be specific? Ask a

24

for -- for -- what did she do when? At what

25

time? Exactly when did she hear the

24
25

specific question. I'm going to object also


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question. When she knew? When she found

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out? Just ask a specific question. She

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doesn't know what you're trying to ask her.


BY MR. ROMAN:

Q.

Ms. Goldenberg, before retaining the three

Q.

Is the Chairman's office located on the same

floor as when Billy Cypress was the Chairman?

A.

Yes.

Q.

Now?

A.

In that building, yes.

Q.

Okay.

We were all in the same floor -- in the old

attorneys that are here in the room on your behalf today,

sometime before that you came to terms with the fact that

A.

the allegations that these were not loans was not true;

building.

correct?

Q.

And when was that?

10

A.

Yes.

10

A.

Prior to 2004, I believe.

11

Q.

When you came to terms with that realization, "Oh

11

Q.

What are the years that this lawsuit covers?

my God, the Tribe is out there saying that these are not

12

A.

I don't know.

13

loans and these are loans," when you realized that, what

13

Q.

When was Colley Billie elected Chairman?

14

did you do next?

14

A.

At the end of 2009.

15

Q.

When did Colley Billie take office as the new

12

15

A.

I don't remember because I don't remember the

16

exact moment when I realized that you were alleging that

16

17

they were not loans. That wasn't something that just

17

A.

At the beginning of 2010.

18

happened. I think it has been for sometime now that

18

Q.

Now, we have marked -- I'm sorry. Your attorney

19

that's been going around that you're saying that it's a

19

20

lie that these are loans. I don't think that was just

20

Lewis Tein's attorney has marked as an exhibit a loan for

21

recently. That was sometime ago. So what I did the

21

the former Chairman Billy Cypress, and I believe this is

22

moment that I realized that you were alleging something

22

Exhibit 2, correct?

23

and going forward with legal stuff in regards to something

23

A.

Uh-huh. Yes.

24

that was not correct, I don't remember exactly what I did.

24

Q.

And you have stated that you prepared that list;

25

I know I was not happy about it.

25

Chairman of the Tribe?

has marked as an exhibit -- not your attorney, I'm sorry.

correct?
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Q.

Now, you mentioned Mr. Jerry Cypress, the

Treasurer; correct?

A.

Correct.

Q.

Who asked you to prepare that list?

A.

That would have been my supervisor at the time,

A.

Yes.

Q.

Okay.

Is Mr. Jerry Cypress related to Billy Cypress?

Yes.

6
7
8
9

A.

Julio Martinez.

Q.

Okay.
Did you provide Mr. Billy Cypress a copy of that

Q.

What is the relationship?

A.

They're brothers.

A.

No.

Q.

Okay.

Q.

Okay.

Now, is Jerry Cypress your immediate supervisor?

9
10

10

list after 2010?

When did you prepare that list?

11

A.

No.

11

A.

This version of it?

12

Q.

Who is your immediate supervisor?

12

Q.

Yes.

13

A.

Byron Heslop -- well, was.

13

A.

October 25th, 2012.

Q.

Okay.

14

Q.

Who else -- who was Byron Heslop's supervisor?

14

15

A.

The Business Council.

15

16

Q.

Where is the Treasurer, Jerry Cypress' office

16

present it in his case before the Internal Revenue

17

Service?

17
18
19

located?

A.

On the third floor of the finance -- of the

administration building.

Did you prepare that list for Billy Cypress to

18

A.

No. You requested this list.

19

Q.

Okay.

20

So did you prepare that list for this case?

20

Q.

And where was your office located?

21

A.

On the same floor, in the finance department.

21

22

Q.

Would that be on the same third floor?

22

23

A.

I just said that, yes.

23

Q.

Who was requesting a lot of documents from you?

24

Q.

Where is the Chairman's office located?

24

A.

You.

25

A.

On the fourth floor of the same building.

25

Q.

Did I ever request a document from you to be used

A.

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I wouldn't have been told what case it was for.

I'm requested -- a lot of documents are requested from me.

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in pending cases?
A. I don't -- I don't know what cases you were

Q.

7
8
9

Did I ever request documents for you for purposes

of discovery?

MR. SCHEINBERG: You're asking her to


testify as to what your intentions were?
BY MR. ROMAN:

Q.

Q.

A. Was created in 10/25/12. The document was not

Yes.

3 started at that time. That's when this version of it was

3 asking documents for. You would just request them.


4

Did you ever receive an E-Mail with copies of

4 completed.
5

Q.

A. I don't remember.

Q.

A. Yes.
Q.

10

subpoenas requesting documents while I asked you to put

10

11

them together?

11

When was the document started?


Did you started that document?
Now, when that document started can you tell us

what year and what amount did that document start with?
A. Say again.
Q.

When you first -- when you made the first entry

12

A. Yes.

12

13

Q.

13

on that document.

14

Did you receive an E-Mail from Jerry Cypress

telling you not to release any documents to me?

15

A. No.

16

Q.

Is it your testimony under oath that Jerry

14

A. Uh huh.

15

Q.

16

A. I already told you, I don't remember.

Q.

When was that?


Can you please look at the document that you have

17

Cypress never sent you an E-Mail, and to your supervisor

17

18

Byron Heslop, stating not to provide documents to me?

18

in front of you.

19

A. Yes.

19

A. Yes.

20

Q.

20

Q.

21

A. Yes.

22

Q.

Do you understand my question?

The first entry on that document, what year was

21

Just to be clear, it is your testimony that Jerry

22

Okay.

it?
A. What year is -- what year is the transaction, the

Cypress never sent you an E-Mail telling you not to

23

24

release any documents to Bernie Roman at the legal

24 first transaction did it take place or what year did I

25

department?

25 make the first entry on the document?

23

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A.
Q.

Jerry Cypress doesn't have E Mail.

Q.

Did you receive an E-Mail from Jerry Cypress'

A. The dates indicate the date of the transaction.

Q.

Okay.
Okay. Let's look at the date of the transaction,

secretary where they informed you that Jerry Cypress was

instructing you not to release any document to me?

okay. What is the date of the first transaction in that


document?

A. No.

Q.

A. Didi Kelly and Barbara Rodriguez.

7 Three o six. Something o six. I'm not sure.

Q.

Q. O six?

A. On the third floor of the administration

A. It's blurry. I'm not sure.

Who is Jerry Cypress' secretary?


Where are their offices?

A. It's blurry, but think it's -- I don't know.

Q.

10

10 building.

I'm sorry. When you say three o six, would three

11

Q.

12

A. It's on the other side of the floor.

12

13

Q.

13

Q.

14

A. Yes.

14

How close is their office to yours?


How close was Julio Martinez' office when he was

at the Tribe?

11

be the month?
A. Yes.
Would six be the year?

15

A. Two doors down from mine.

15

Q.

16

Q.

16

A. Sixty-three thousand eighty-two dollars

17

And how close was Julio -- I'm sorry, was Mike

17 twenty-seven cents.

Hernandez' office when you worked at the Tribe?

18

A. It was across the building -- across the floor.

18

19

Q.

19

20
21
22
23
24

That exhibit regarding the loan to Billy Cypress

that you have, I believe as Exhibit 2.


A. Uh huh.
-

Q.

And what is the amount?

When was that list -- that document first

created?
A. The document in this state with the balance as of

Q.

Okay.
The second entry -- I'm sorry. The sixty-three

20

thousand and something that you just said, what does that

21

mean?

22

A. That's an amount.

23

Q.

24

A. The amount of the check that it is on the same

What does that amount mean?

25 line with.

25 10/25/12?
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Q.

Okay.

Q.

What else?

When you said the amount of the check, what does

A.

Eighty-three dollars and sixty-two cents.

Q.

Okay.

that mean?

A.

Checks have amounts.

Q.

Okay.

a check on behalf of Billy Cypress for one hundred and

Does that mean that there was checks issued on

fifty-one thousand zero eight three point sixty-two,


according to that check?

6
7

behalf of Billy Cypress for sixty-three thousand some odd

dollars to somebody?

Now, does that mean that the Tribe paid -- issued

A.

Well, as I said, that's not necessarily the

amount of the check. That would be the amount for that

And, actually, let me correct that. That would

10

be the amount on that check for that case because the

10

11

check can have more than one case on them. So that check

11

12

could be that amount, or it could be bigger than that

12

is the last transaction date that you have on that sheet

13

amount, but that amount indicates how much of that check

13

that you prepared?

14

was for that case.

14

A.

I guess it would be August of '09.

15

Q.

Now -- and what is the amount of the check in

15

A.

Q.

Okay.

16

And would it fair to say that according to that

16
17

document that you prepared, that you have in front of you,

17

18

that was a payment from the Miccosukee Tribe on behalf of

18

19

Billy Cypress?

19

case included in that check.


Q.

Now, let's look all the way to the bottom. What

August of 09?
A.

One hundred and seventy-five dollars and

something cents -- I can't read.


Q.

You said you had updated this in October 2012;

20

A.

Yes.

20

21

Q.

Okay.

21

A.

Correct.

When was the second entry made?

22

Q.

Before October of 2012 what is the last

22
23

A.

Again, its the same question you already asked.

23

24

Q.

You're totally right. I'm sorry. When was the

24

second transaction -- what does the second transaction

25

25

correct?

transaction that you have in this loan that you prepared?


A.

I just answered that. Its the last transaction

on there. Is that not what you're asking? What are you

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there says? When was the second transaction on that

paper?

A.

What is the date of the second transaction on

asking?
Q.

this paper?

What date was the last transaction that appears

in that document that you created?


A.

What is the date of the last transaction on this

document?

Q.

Yes.

A.

It's blurry, but it looks about the same.

Q.

Yes.

Q.

And --

A.

August of '09.

A.

It's just the month. Its not an exact date.

Q.

Are there any transactions after August of '09 in

7
8
9
10

It's a month. Its either February or March of '06.

this document?

10

It's hard to read.

A.

I don't think so, unless I've missed one.

Q.

Now, just to be clear how this specific loan to

11

Q.

And what is the amount?

11

12

A.

A thousand dollars.

12

Billy Cypress worked. You would put a first transaction

13

Q.

Let's jump all the way to the first transaction

13

in and then you will keep updating it as the transactions


were made; correct?

14

in 2007, the first one that you find there. When was that

14

15

first transaction?

15

A.

Not necessarily.

16

Q.

Okay.

16

A.

Well, these are not all in chronological order.

Who will update this loan to Billy Cypress?

These are in order of -- let me see -- check number, I

17

18

believe. So in order for me to determine which was the

18

19

first from 2007, I have to go through them. I guess -- I

19

necessarily -- had an entry done each time a transaction

20

guess it would be the one that's January '07.

20

took place. At a certain point I would be asked for an

17

A.

This schedule was done by me, was not

21

Q.

And what was the amount of the check?

21

updated schedule, and at that point I would go and bring

22

A.

January of '07. One hundred fifty-one o

22

it up-to-date.

23

23

ninety-three sixty-two.

24

Q.

Is that 151,000?

24

25

A.

Yes.

25

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A.

When?

Who would ask you for an updated schedule?

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Q.
A.

Who?

Q.

Okay.

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Because you asked for this one.

Did anyone before me would ask you for updated


schedules of this loan that you prepared?

A.

No.

Q.

Why not?

A.

Why not? I just didn't.

Q.

Let me get this straight: You have a co-worker

of 20 years gets fired, you don't ask why he was fired?

A.

My bosses would have been Julio or Mike.

A.

Ask Mike? Who would I ask?

Q.

Did Billy Cypress ever ask you to update this

7
8
9

Q.

Did you ask Mike?

schedule?

A.

I don't recall. I don't think so. Normally, if

10

he wanted something from us, it would go through my boss

10

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or supervisor.

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25

Q.
A.
Q.
A.
Q.

And who would be your boss or supervisor?


Who I just told you, Julio or Mark.
Would that be Julio Martinez and Mike Hernandez?
Correct.
During the 20 years or 21 years that you have

described that you were at the Tribe, did your supervisors


were ever anyone other than Julio Martinez or Mike
Hernandez or both?
A.

Yes.

Q.
A.

Who?
Yousef Dalal, Y-o-u-s-e-f D-a-I-a-I; Hose

Tercilla, H-o-s-e T-e-r-c-i-l-l-a; Byron Heslop, B-y-r-o-n


H-e-s-l-o-p.

Q.

How long was Byron Heslop your supervisor?

MR. LOPEZ: I'm going to object. It's


been and asked. She didn't ask him. Doesn't
matter why she didn't ask him.
MR. ROMAN: You may answer. Why didn't
you ask Mike Hernandez about why he was
fired?
THE WITNESS: I don't have the specific
answer for that, I mean.
BY MR. ROMAN:

Q.

When Mike Hernandez was fired, did you ask anyone

why he was fired?


A.

No.

Q.

Do you know why was Mike Hernandez fired?

A.

No.

Q.

When Mike Hernandez was fired, were you concerned

why he was fired?

A.
Q.

Yes.
Why were you concerned?

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136

A.

Between two and three months.

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3
4
5
6
7
8
9

Q.

How long was Yousef Dalal your supervisor?

A.

I think a year and a half.

Q.

What does that mean?

Q.

And how long was Hose Tercilla your supervisor?

A.

They fired the director.

A.

I think a year. I don't remember exactly. Maybe

Q.

Were you also concerned when Julio Martinez was

10

11
12
13
14
15
16
17
18

less.

Q.
A.

When did Yousef Dalai become your supervisor?

A.

Because I didn't know what was going to happen in

the finance department.

fired?

A.

Yes.

Q.

Why were you concerned?

A.

When your bosses get fired, it's unsettling.

Q.

Was it also unsettling when Yousef Dalal was

A.

Before Mike was fired?

Q.
A.

Yes.

8
9
10
11
12
13

No.

14

A.

About why he resigned?

Q.

Before Mike was fired, was Julio Martinez your

Q.

Yes.

A.

No.

Q.

Do you know why he resigned?

A.

No.

Q.

Now, you were asked whether -- about an incident

At the beginning of 2000 -- no. When Mike was

fired. I don't remember the exact date. It was in 2010.

Q.

Before Mike was fired in 2010, was Hose Tercilla

your immediate supervisor?

fired?
A.

Yeah, but he resigned.

Q.

Were you concerned about why he resigned?

A.

Yes. Before Julio was fired, yes.

Q.

And who was fired first, Julio or Mike?

19

A.

Julio.

20
21
22
23
24
25

Q.

Do you know why Julio was fired?

A.

No.

Q.

How long did you work with Julio Martinez?

A.

You already asked that.

15
16
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18
19
20
21
22
23

Q.

I'm sorry. When Julio Martinez was fired, did

24

happened. You mentioned something about checks, or

25

something like that. What happened?

immediate supervisor?

you ask me why he had been fired?

that happened back in 2010 in which you said you were


suspended; correct?

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A.

Correct.

Q.

Can you give us details, exact details of what

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A.

Its long.

Q.

We have time.

is -- was at the time, the sister of former Chairman Billy

A.

Cypress?

Q.

Were you also aware that Linda Cypress was, or

A Tribal member -- a community member came in

with a check payable to an insurance company that was to

A.

Yes.

pay the insurance for her son. She told me that she

Q.

Now, Linda Cypress comes to you with a check;

needed the check voided and made payable to her son; that

he had to cash the check and go take care of this in

A.

Uh-huh.

person, something to that effect. I did what she asked.

Q.

Now, the check is not named -- issued to Linda

That -- I didn't think much more of it after that.

correct?

Cypress; correct?

10

Sometime after that, a Tribal member came in and asked me

10

A.

11

about a check made payable for some insurance that the

11

Q.

Yes.
Who was the check made to?

12

insurance company never received. So I told her let me

12

A.

Some insurance company.

13

look it up. I looked. The checked had not cleared. And

13

Q.

So Linda Cypress says to you, "I want you to void

14

then when I went to search for backup documentation, I

14

this check and give a check from the Miccosukee Tribe to

15

realized which check it was, so I explained to her what

15

me."

16

had happened. And she told me she wasn't the person --

16

A.

No. Payable to her son.

17

the person who brought the check in was not allowed to do

17

Q.

Okay.

18

what she had done.

18

So Linda Cypress comes to you with a check and

19

I, of course, didn't know that, but she was very

19

20

upset because -- I guess she had given the check to that

20

A.

Yes.

21

person and then that person didn't do what they were

21

Q.

And the check clearly said this check is for an

insurance company and this is the name of the insurance


company?

says, "I have a check for an insurance company," correct?

supposed to do with the check. So she, at that point, got

22

23

upset and I suppose went and complained: Why did finance

23

24

void this check and make a new check.

24

A.

25

an amount.

22

25

Q.

Let me see if I understand, and you were correct,

It was a check that says payable to, and it has

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its a long explanation, but let me understand this. When

you say community member it means that's it not a member

of the Miccosukee Tribe; correct?

Q.

And it has -- when it says payable, it says X

insurance company, whatever name it was?

A.

Correct.

Q.

And it had an amount, like you said?

happen to know because I know that. For the 90 percent of

A.

Correct.

the people who are there, they're not going to know if

Q.

So Linda Cypress came to you and says what? What

somebody is a Miccosukee or a Seminole. They know that

they are community members and we have not been instructed

A.

to treat anybody differently with regard to that. Most

to her son.

A.

Because it's a Seminole member, which I just

10

people would not even know if somebody necessarily was or

did she ask you to do with the check?

10

Q.

She said it needs to be voided and made payable

So what did you do?

11

wasn't a Miccosukee Tribal member, a Seminole Tribal, an

11

A.

I accommodated her.

12

independent, so on. There are different classes of

12

Q.

What does that mean?

13

Indians that are part of that community and you may or may

13

A.

I voided the check, made a new check payable to

14

not know. And they switch sometimes.

15
16

Q.

14

her son.

15

Wasn't the person that came with that check Linda

16

Cypress?

Q.

Then she left with a new check made payable to

her son and who cashed the check?

17

A.

Yes.

17

A.

I don't know.

18

Q.

Okay.

18

Q.

Was the check cashed at Miccosukee?

Didn't Linda Cypress work at the Miccosukee

19

A.

I think so.

19
20

Gaming Agency on the second floor of the new building for

20

Q.

How long were you suspended for this?

21

several years?

21

A.

A week.

22

A.

Yes.

22

Q.

Do you feel that this was done because of

23

Q.

Were you aware that Linda Cypress was a member of

23

24
25

the Seminole Tribe?

A.

Yes.

politics?

24

A.

Yes.

25

Q.

Why?

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Because it was Billy's sister. And I was told

handled by the Tribe and I would not have had knowledge

that the Chairman wanted to send a message that, you know,

because they would have handled it amongst themselves.

A.

10

means the check was given to her, so she had control of

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4
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8
9
10

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that check. If she wasn't to be trusted with that check,

11

why would anybody give her the check?

12
13
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15
16
17
18
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20
21
22
23
24
25

this was not okay.

Q.

Do you think that doing what you did with this

check its okay?

A.

Well, like I explained before, at that time we

were -- had always been instructed to accommodate


communicate members when they came in and asked us for
things. The fact that she had possession of the check

And going back to what I had already said, when


one Tribal member, it would turn out, would do something
wrong to another Tribal member, like in this case, she
took her own authority to do something with this check
that she wasn't supposed to do, because it was another
Tribal member who had the authority to do that; that those
types of things would be handled by the -- by the Tribal
administration, by Tribal members because they did not
want Non-Tribal members getting involved in issues between
Tribal members. They would handle it amongst themselves.
They did not want us policing Tribal members, asking
people to prove things, asking for ID, that's how it
always was up until that point.

Q.

Okay.
Are you saying that if this incident that you

have described for which you were suspended would have


happened not in 2010, but before, the year before, or the
year before, or the year before, it would have been
different?

A.
Q.

Correct.
Now, isn't it true that after this incident you

were allowed to come back to work?


A.

Yes.

Q.

And isn't it true that you were let go because of

this incident, or suspended, or whatever term you want to


use -- let's use suspended, that you were suspended?
A.

It was suspended.

Q.

And you were suspended under the administration

of Colley Billie, the new Chairman; correct?


A.

Correct.

Q.

And it was the same Chairman, Colley Billie who

allowed you to come back after suspension; correct?


A.

Correct.

Q.

Okay.
Can you agree with me that in 2010 Chairman

Colley Billie had the authority to basically say to you


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Q.

When you said up -- when you said that that was

the way it was back then?

A.
Q.
A.

Yep.

Q.
A.

Up to 2010?

What do you mean back then?

I said up until that point.


Yeah. Up until that incident. That's when I

became aware that things were now different. At that


point we were still no longer allowed to ask Tribal

1
2
3
4
5
6
7
8
9

10

members any questions or to make it inconvenient for them,

10

11

we just had to run the risk of being responsible if one of

11

12

them was going to do something to somebody else, whereas

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25

before if that happened it was handle amongst themselves.

12
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25

Q.

Does that mean that before this incident in 2010

there would have been -- this was common practice, is that


what you're saying?

A.
Q.
A.

What was common practice?


What you did that day for Linda Cypress.
That specific thing? Somebody coming in with a

check that they wanted to change to make payable to


somebody else but didn't really have the authority over
that check?

Q.
A.

Yes.
I don't know. Because if it was determined that

something like that happened before, it would have been

don't come back?


I guess so, yeah.

Q.

And isn't it also true that in 2010 Colley Billie

basically had the authority to say to you, "I'm not going


to suspend you. I'm just going to fire you."

A.

I guess. I don't know exactly what he has the

authority to do or not do. That's not up to me.

Q.

Are you saying that after 20 years with the Tribe

you do not know what authority the Chairman of the Tribe


has?
A.

Everything that he's authorized to do either on

his own or needing other councilmen, correct.


Q.

Now, you continued to work for the Miccosukee

Tribe during the year 2010; correct?


A.

Yes.

Q.

Miguel Hernandez was fired; correct?

A.

Correct.

Q.
A.
Q.

You continued to work there?


Correct.
Miguel Hernandez was fired, you continued to work

there?

A.
Q.

Yeah. You just said that.


Oh, I'm sorry. Julio Martinez was fired, you

continued to work there?

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Uh-huh.
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Q.

Correct?

about every relevant matter that has nothing

A.

Yes.

to do with the issues here, the purposes of

Now, Mr. Heslop was fired, you continued to work

Q.

there?

A.

Q.

6
7

this deposition, just for the record.

Anything to do with salary cuts, anything to

Resigned, yes.

do with what happened 20 years ago that has

Are you 100 percent sure, as you sit here today,

no bearing on this case, I'm going to object

on relevance grounds. That's it.

that Yousef Dalai resigned?

A.

Yes.

Q.

Would it be fair to say that you don't know the

Q.

Was your salary cut?

BY MR. ROMAN:

10

A.

Yes.

11

A.

Correct.

11

Q.

How much?

12

Q.

Now 2011, the year 2011, you continued to work

12

A.

Like $15,000, I believe.

Q.

Isn't it true that your salary was cut much less

10

13

reasons for his resignation?

13

for the Miccosukee Tribe; correct?

14

A.

Yes.

14

15

Q.

Okay.

15

A.

No. Much less than some. Much more than others.

And in 2012 until recently you continued to work

16

Q.

Within the same finance department?

17

A.

Correct.

18

Q.

Would it be fair to say that you are aware of

16
17
18

for the Miccosukee Tribe; correct?


A.

Yes.

Q.

Now, did there come a time under when Yousef

than other employees?

19

what the percentage of the cuts were for the members of

20

Heslop became the Director of Finance that the finance

20

the -- for the employees of the finance department?

21

department implemented very severe salary adjustments?

21

A.

I don't have it memorized, no.

Q.

But would you have been aware at the time that

19

22

23
24
25

A.

There were salary adjustments made, yes.

22

Q.

Isn't it true that the majority of employees,

23

their salaries were drastically reduced?


A.

No.

the cuts were made?

24

A.

I -- yes. Uh-huh. Probably.

25

Q.

Now, when you began to create the schedule of

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Okay.

loans for Billy Cypress, who were the members of the

They were not reduced?

Business Council? I believe the first registry is 2006,

Not the majority -- the majority of employees

is that -- if you can look at the document.

were not drastically reduced. I believe the majority of

A.

employees only had the $2 taken away from them. There

that time?

were some other employees that were more drastically

Q.

Yes.

reduced.

A.

I think it was Billy, Max, Jasper, Andrew and

Q.
A.

Q.

7
8

And isn't it also true that there were also pay

William, I think. I could be wrong, but I think.

cuts for employees?

Who were the members of the Business Council at

Q.

Now, in 2006, Billy Cypress was Chairman;

10

A.

That's the same thing.

10

11

Q.

In addition to the $2?

11

A.

12

A.

Yes.

12

Q.

In 2007, Billy Cypress was the Chairman; correct?

Okay.

13

A.

Yes.

13

Q.

14
15
16
17
18

Let me get this straight. The $2 were cut;


correct?

correct?
Yes.

14

Q.

In 2008, Billy Cypress was the Chairman; correct?

15

A.

He was Chairman until the end of 2009.

A.

Yes.

16

Q.

In 2009, he was also the Chairman?

Q.

And then there were other further cuts after

17

A.

That's what I said.

18

Q.

So would it be fair to say that all of these

that; correct?

19

A.

Yes.

19

schedule of loans that you have in front of you as

20

Q.

And in your role as, in the finance department,

20

Exhibit 2 were created while Billy Cypress was the


Chairman of the Miccosukee Tribe?

21

what was the percentage of the cuts for the employees,

21

22

10 percent, 20 percent?

22

23

A.

24
25

A.

23

transactions took place during that time. As I told you,

MR. LOPEZ: For the record, I'm going to

24

when the schedule was created or updated could have taken

25

place at any time. And that last date on there is when

object to the entire line of questioning

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No, what would be safe to say that all of the

They were all the same.

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this updated version was done, and that was requested by

you, and, obviously, Billy was no longer there at that

time.

Billy. He's -- his money that's being paid is going

towards another one before this one. That's why this one
doesn't show any reductions on it.

So I don't remember what entries were added to it

cents?

A.

Okay. There's more than one receivable for

at that time, or if it was already at this balance at that

time. I don't remember when I updated it if I actually

had to add anything, or if I just had to check to see if

to this schedule that you prepared for Billy Cypress,

there was anything I had to add.

there have been no payments from Billy Cypress back to the

Miccosukee Tribe under this schedule that you prepared?

9
10

Q.

Now that you mention the balance, what is the

10

total balance on this schedule loan?

11

11

A.

On this schedule?

12

Q.

Yes.

13

A.

One million seven eighty three two thirty one o

14
15

A.

Now, what was the total that was issued in Tribal

Now, can you agree with us here, that according

There are no payments shown on that schedule,

correct.

12
-

six, and I could reading some of it wrong.


Q.

Q.

Q.

And the reason you just stated is because Billy

13

Cypress owes more money someplace else and then there is

14

another schedule of payments for him in addition to this

15

one that you have as Exhibit 2?

16

checks on this schedule of payments? How much was paid on

16

17

behalf of Billy Cypress on this schedule of payments that

17

18

you prepared?

18

A.

Right. His payments are being applied against

another receivable first.


Q.

Did you also create another receivable for Billy

19

A.

That amount.

19

20

Q.

One million seven hundred and eighty-three

20

A.

You mean another schedule?

21

Q.

I'm sorry.

21

thousand two hundred and thirty-one and o six?

Cypress?

22

A.

Yes.

22

A.

Yes.

23

Q.

Okay.

23

Q.

Another schedule. And does that schedule have to

And were the period of these transactions -- to

24

24
25

do with his alleged credit card debt?

25

use your word --

A.

Yes.
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A.

To be correct.

Q.

Q.

-- occurred from 2006 until what year?

as Exhibit 1.

Now, I'm going to show you what I'm going to mark

I'm going to ask you whether that is --

A.

The dates of the transactions?

Q.

Yes.

MR. CALLI: Plaintiff's Exhibit 1 or you

A.

They --

want to pick up and make it number -- you

Q.

Just tell us the year that they start.

could put it in as yours, maybe make it MT-A

A.

Some of these numbers are unclear, so I'm

or Plaintiffs A?

7
8
9
10

thinking its 2006. Some of them look like they could be

You want a sticker?

fives, but I believe it's 2006 and it ends in 2009.

MS. PINO: No, I have one.

Q.

11
12
13
14
15

Okay.

10

Are these all transactions, all of these

11
12

transactions, are they for payments of legal fees?

A.

Are all of these transactions for payment of

16

MS. PINO: We're going to call it

13

Exhibit 1.

14

legal fees? No.


Q.

MR. ROMAN: And if you can please give it


to Mr. Lopez to review.

Okay.

15

What are they for?

16

They're fees for things in the case of Billy's

MR. ROMAN: Yes, that will be


Plaintiff's Exhibit 1.
(Thereupon, the document referred to was

17

A.

17

subsequently marked as Plaintiff's Exhibit

18

accident.

18

No. 1 for Identification.)

19

Q.

Are they all related to legal cases involving

19

Billy Cypress during those years that you described?

20

at that receivable, which we have marked as

I believe so -- the accident, the traffic

21

Plaintiff Exhibit 1.

20
21

A.

22

accident.

22

Q.

23

23

How much has Billy Cypress paid back the Tribe

MR. ROMAN: Can you please take a look

THE WITNESS: Uh-huh. Yes.


BY MR. ROMAN:

24

for this one million seven hundred and eighty-three

24

Q.

Do you recognize that document?

25

thousand two hundred and thirty-one dollars and o six

25

A.

Yes.

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Q.

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Now, when did you prepare that document?


MR. CALLI:

May I look at that for a

moment?
MR. ROMAN: I'm sorry, I thought you

had.

6
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THE WITNESS: I -MR. CALLI: One second. Thank you.


BY MR. ROMAN:

Q.

When did you prepare that schedule for Billy

Cypress, that type of schedule?

A.

11

This isn't a schedule of this (indicating).

This is a GL transaction list.


Q.

Oh, I'm sorry. What's a GL transaction list?

A.

It's a transaction listing from the general

ledger.

Q.
A.

And can you tell us what that is, I'm sorry?


Its a printout of transactions that take place

in the general ledger.


Q.

Okay.
Now, what does the document says? What are those

numbers?

A.
Q.
A.

What does it says?


Yeah.
You mean what is this? You want me to describe

what this is? I mean, because what it says is a bunch of

12
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24
25

A.
Q.
A.
Q.

Uh - huh.

--

three hundred and eleven. And how many cents?

Thirty - eight.
How much has Billy Cypress paid according to that

schedule?

A.

According to this one, he paid five hundred -- I

think that's a five -- five hundred and forty-one thousand


seven hundred.

Q.

So what is the amount, according to that

schedule, that Billy Cypress currently owes?


A.

At the time of that schedule? What I just said,

five ninety-five three eleven thirty-eight.

Q.

Okay.
How much does Billy Cypress owe today according

to this schedule?

A.

Q.

Okay.

don't know because this isn't printed today.

When was the last time that that was printed?

A.
Q.
A.

don't know.

Does it show the year that it was last printed?


All this shows is when this was printed. This

was printed on April 19th, 2010.

Q.

So in April 2010 what was the total that Billy

Cypress owed under this schedule of payments?

A.

just said it to you. Five ninety-five three

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numbers. It says Billy Cypress deposit. Billy Cypress

2
3
4

deposit. It has a starting balance. It has an ending

and ending balance. And then it has some handwriting by

me, some handwriting by Mike Hernandez and some things

eleven thirty-eight . And, again, this is not a schedule,

8
9
10

The first one that says BCLT Loan, that was for a specific

2
3
4
5
6
7
8
9
10

11

payment that was made to Lewis Tein, I believe -- I

11

of Billy Cypress?

12
13
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15
16

believe it was to purchase a property and then him paying

12
13
14

of the transaction listing, as I told you, has a starting

And the other one is the receivable having to do

15

pay -- to pay it off. The other one shows credit,

with the credit card charges and with personal expenses,

16
17
18
19
20
21
22
23
24
25

personal credit card charges made by Billy on the Tribe's

balance. It has dates. And then on the next page it has


MA credit card charges. It's got some debits and credits

circled.

Q.
A.

Can you explain to us what that document is?

told you, this is a GL transaction listing.

that back. Those are the credits and the last payment was
made on January of 2010.

17

and showing payments paid back, and then Mike wrote on the

18
19
20
21
22
23
24
25

bottom, "This is the amount you owe."

Q.

Okay.
What is the amount that Billy Cypress owes,

according to that document?

A.

For which thing? Or in total? Well -- okay.

Because one of them is zero. So the other one, I think


it's five ninety-five three eleven thirty-eight, I think.
Q.

Five hundred and ninety - five thousand --

this is a transaction listing. So that's what had been


recorded at that time for that time period.

Q.
mean?
A.

I already explained that.

Q.

Okay.

A.

Its a list of transactions.

Q.

Is this transaction listing a listing of the

transactions of payments by the Miccosukee Tribe on behalf

A.

This one? This is a -- which one? I mean, one

balance and then it shows the payments made by Billy to

credit card and a couple of payments for lawn service and


payments that he made against those.

Q.

What is the total of the personal credit card

payments by Billy Cypress?


A.

On this page?

Q.

Yes.

A.

I need a calculator.
Five ninety-five three eleven thirty-eight minus

six hundred. So that would be five ninety-five -- I can't

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do math in my head. I don't know. Give me a calculator.

Q.
A.

Okay.

Q.

Let me go back for a minute. Someone wants to

know how much Billy Cypress owes the Miccosukee Tribe,

from 2006 until the last entry reflected in the schedule

thirty-eight minus six hundred. So it would be five

that you prepared, Exhibit 2, where is that reflected?

ninety-four seven eleven thirty-eight.

6
7
8

Q.

It would be five ninety-five three eleven

A.

How much Billy owes the Tribe?

Okay.

Q.

Where is it reflected?

And what are the years reflected on that first

A.

Where is what reflected? How much Billy owes the

Tribe?

Q.

Yes.

A.

These are ledgers. There are line items

page; what years does that entail?

A.

This is fiscal year 2010.

10

Q.

Now --

9
10

11

A.

Part of it, not the whole year.

11

reflecting specific things -- specific things that Billy

12

Q.

The second page, what is it?

12

owes, like this one here (indicating). This accounts

13

A.

Same thing.

13

receivable BC has to do with credit card and personal

THE VIDEOGRAPHER: We are going off the

14

charges. This schedule is a schedule.

14
15

15
16
17
18
19
20
21

record at 4:31 p.m.

16
(Thereupon, a discussion was held off
17
the record, after which the following
18 proceedings were had:)
THE VIDEOGRAPHER: Beginning of tape
19
20
number 4. We're back on the record at
4:37 p.m.
21
22 BY MR. ROMAN:
23
Q. Did anyone, other than yourself, make the
24 transaction entries into the schedule that has been marked
25 as Exhibit 2 basically --

MR. CALLI: When you say "this" would


you refer to the exhibit number?
THE WITNESS: Oh, I'm sorry.

Exhibit

--

Plaintiff's 1.
This Exhibit 2 is an Excel spread sheet,
that's not part of -- this is not a
transaction listing, however, there would be

22

a balance shown for that amount.

23

There -- if there are other loans that

24

he has, it would be part of the overall loans

25

receivables that is not broken down in our


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A.

No.

ledger by individual Tribal members. So that

2
3
4

Q.

-- for Billy Cypress?

won't say in my records, Billy owes this

A.

No.

much. Administration would be the one to

Q.

Would it be fair to say that all the

produce a report saying what Tribal members

transactional entries on that loan for Billy Cypress were

owe.

made by you while employed for the Miccosukee Tribe?

A.

Yes.

8
9

Q.

Now, you mentioned several times during the

questioning by Lewis Tein's attorney about account

BY MR. ROMAN:

Q.

Okay.
You just said it would not be reflected in the

10

receivable, does this schedule -- was this schedule

10

ledger by individual members, what does that -- what are

11

reflected on the account receivables for the Tribe -- for

11

you saying?

12

the Miccosukee Tribe?

12

A.

What I just said. I said loans -- things that

13

A.

Yes.

13

Billy owes, other than these three items, would not say

14

Q.

Okay.

14

anything specific to Billy.

Does that mean that a person that asked for the

15

Q.

Okay.

16

account receivable will see an entry that it will say

16

A.

These are things that were tracked separately

17

Billy Cypress loan and then this schedule?

17

specifically for Billy Cypress that I was told to create

18

separate codes for. There is a code for loans where other

19

loans to Tribal members would be recorded. If he has a

15

18
19

20

A.

You mean is the GL transaction listing going to

exactly look like this schedule? Not necessarily, no.

Q.

Let's suppose someone asks: I want to see the

20

loan in there, that would have to be administration that

21

would tell you that.

21

accounts receivable that reflect the outstanding loans to

22

the Miccosukee Tribe by Tribal members. Is there an entry

22

Q.

I didn't mean to cut you off.

23

that says money owed by Billy Cypress, and this is the

23

A.

That's okay.

24

amount?

24

Q.

Who, in administration, will keep track of this

25

A.

You're talking about different things.

25

loan?

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A.
Q.

Now? I don't know.

No, from 2006 through 2009 who will, in

administration, who was the person responsible for keeping

2
3

track of the loans by Tribal members?

the Miccosukee Tribe, the name of any of the children of

Evelyn Cypress and Billy Cypress?

A. I don't know that whole time, but it would be

whoever is performing the duty of the loan officer.

Q.

A. I think so.
Q. Do you know, from the 20 years that you worked at

A.

I'm not sure. I'm not sure who necessarily was

7 both of their children and who might be one or the other.

Who was performing the duty of the loan officer

Q.

from 2006 through 2009 in administration?

A. I

children?

don't know who was doing it that entire time,

Would it be fair to say that you were not aware

that Billy Cypress and Evelyn Cypress were married?

as I've already stated before. Megan, as you know, was a

10

loan officer at the time that she got terminated, but I

11 wasn't always able to keep track of who -- everybody's

don't know if she was during that whole period of time.

12 history. I may have known that at some point in time. It

Q.

A. I didn't say that. I said I didn't always --

13 is not really for me to keep track of.

Was there any other person in addition to Megan

working in administration who was also responsible of

14

keeping track of the loans by Tribal members?

15

Miccosukee Tribe, until recently, how many of those years

16

did Evelyn Cypress work for the Miccosukee Tribe as Tribal

17
18

Administration Coordinator?

A. I just told you, I don't know.


Q. Do you know someone by the name of Evelyn
Cypress?

A.
Q.

Q.

During the 20 years that you worked with the

A. I don't know what her title was the whole time,

Yes.

19 and I don't recall if she was in that position the whole

Was Evelyn Cypress employed by the Miccosukee

20 time that I was there.


21

Tribe from the years 2006 through 2009?

Q.

During the whole time that you were there, how

A.

Yes.

22

Q.
A.

And in what capacity?

23 Miccosukee Tribe?

I believe she was the Tribal Administrative

24

many of those years did Evelyn Cypress work for the

A.

That's what I just told you. I'm not sure if she

25 was there when I started working there. I know she was

Coordinator.

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Q.

And in what floor was her office located?

2
3

A.
Q.

The fourth floor.

5
6

Is that where the office of the former Chairman,

Billy Cypress was?

A.
Q.

Yes.
Did Evelyn Cypress in addition to Megan -- did

Evelyn Cypress also keep track of the loans of Tribal

members?

9
10

11
12
13

14

A. I don't know.

Q.

What was Evelyn Cypress's relationship to Billy

Cypress?

A.
Q.
A.

She was his employees.


How long have you known Evelyn Cypress?
A long time. I think she was working the whole

15 time I was working there until she got terminated.

16

Q.

In addition to being an employee, was there any

17

other relationship between Evelyn Cypress and Billy

18

Cypress?

19

A. I don't know.

20

Q.

21

22

Were you aware that Evelyn Cypress was the former

wife of Billy Cypress?

A. I'm not sure. I don't -- I cannot always keep

23 track of who's been married to who out there. I may have


24 heard that before.

25

Q.

Was Evelyn Cypress and Billy Cypress have

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there -- I mean, she stopped working there when the -- at


the beginning of 2010. I don't -- I can't tell you if she
was there when I started working there or she came later.

Q.
A.
Q.
A.
Q.
A.
Q.

Was that on the fourth floor?


Yes.
Was she working on the fourth floor in 2007?
Yes.
Was she working there on 2008?

A. Yes. Until the beginning of 2010 when she got


terminated, yes. The fourth floor, yes.
Q.

So would it be fair to say that she also worked

there during 2009?

A.

Yes, that's what I said.

Q.

Would it be fair to say that she also worked

there in 2005?
A. I think so, yes.
Q.

Now, what were the terms of Billy Cypress's

loans, the one that you made all the transactions, what
were the terms of the loan?

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Was she working there in 2006?


Yes. I think so, yes.

A.
Q.
A.

I don't know.

Q.

What was the maturity date on that loan?

What was the interest charge on that loan?


I don't think there's any interest on that loan.

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A. I don't know a maturity date of the loan. I told

A. No. Like we already said, the first -- the date

2 of the first transaction on this list is 2006. That is

2 you, I don't know the terms of the loan.


3

Q.

What --

3 not necessarily when I made the first entry on the

A.

I didn't issue the loans.

4 schedule -- for like the third time.

Q.

Who did?

A. Who did? I don't know. The Tribe.

Q.

A. I just told you.

Q.

Who?
Who approved this loan for Billy Cypress?

Q.

Now, when that -- at some point in 2006 you made

this entry; correct?


A. I don't know if I made that entry in 2006 or not.

Q.

Now, were you given a document that said okay,

this is a promissory note -- do you know what a promissory

10

A. I don't know. The Tribe.

10

11

Q.

11

12

A. I don't know.

12

13

Q.

13

14

A. I just told you.

14

Cypress about the money that he's borrowing from the

15

Q.

15

Tribe; were you given such document?

16

A. I just told you no.

Who at the Tribe?


What was the interest charge on this loan?
Was there an interest charge?

16

note is?
A. Yes.

Q.

Were you given a promissory note that says okay,

this is a promissory note, Ms. Goldenberg, for Billy

A. No.
Have you ever seen such document?

17

Q.

17

Q.

18

A. I don't know. That's not up to me.

18

A. No.

19

Q.

Okay.

19

Q.

Now, what were the terms of the repayment of this

20

A. No.

20
21

Why not?

21

loan?

22

A. I don't know.

23

Q.

24
25

Was there an obligation for Billy Cypress to pay

back this loan to the Tribe?


A. Yes.

Q.

Have you ever asked for such document?


Is there is a document anywhere that states what

22

is the interest rate that Billy Cypress is going to pay on

23

this loan?

24

A. I don't know.

25

Q.

Have you ever seen such document?


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A. No.

Q.

And where is that reflected?

A. Where is what reflected?

Q.

Q.

A. No, I don't.

A. The terms?

Q.

Q.

A. I don't know.

Q.

A. I don't know.

Q.

The terms of the repayment.


Yes.

Have you ever seen a document that states how


MR. LOPEZ: Objection. Asked and
answered.

THE WITNESS: No.

Can I please finish?

Okay.

Billy Cypress is going to pay back this loan?

Now, is there a promissory note that says

Do you know whether that document exists?

BY MR. ROMAN:

10

MR. LOPEZ: I'm going to object. This

10

11

witness has answered that she has no idea

11

Q.

12

about the specific terms of the loan, the

12

A. I don't know.

13

rate of the loan, the return -- payment date

13

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of the loan. She has continuously said that

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she does not know anything about the loan,

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who issued it. To keep asking her -- just

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ask her one entire question that encompasses,

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for the sake of time, that encompasses all

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the questions you want her to answer about

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that loan.

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Q.

MR. LOPEZ: Objection. Asked and


answered.
BY MR. ROMAN:

Q.

Now, same question as to the loan for Jimmy Bert,

what is the maturity date on that loan?


A. I don't know.
Q.

Have you seen a document that it says the

maturity date for that loan?


A. If I had, I would have had an answer to the

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BY MR. ROMAN:

Is there such a document?

Okay.

22 previous question. So no.

You made the first entries -- transaction, I'm

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sorry, on this loan in 2006; correct? According to

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Exhibit 2; correct?

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Q.

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A. I don't know. I have none on my schedule.


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Have you seen a -- what is the interest that

Jimmie Bert is being charged on his loan?

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Q.

Have you seen any document that reflects the

A.

No, no. You asked if I've seen a document.

Q.

Have you seen a document?

A.

No.

A.

No, I haven't.

Q.

Have you -- are you aware of the repayment terms

Q.

Do you have any reason to believe that there is a

interest on that loan?

for Jimmie Bert's loan?

document reflecting the collateral that Billy Cypress put


to backup this loan?

A.

No.

Q.

Have you seen any document reflecting the

A.

I don't know.

Q.

Same question as to Jimmie Bert, what is the

repayment terms for Jimmie Bert?

A.

No.

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Q.

Have you seen any document that reflect the

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conditions of the loan for Jimmie Bert?

collateral for Jimmie Bert for this loan?

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A.

I don't know.

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Q.

Have you seen any document--

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A.

No.

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A.

No.

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Q.

Same question regarding Tammy Gwen Billie: What

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Q.

-- reflecting the collateral that Jimmie Bert

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is the maturity date on the loan for Tammy Gwen Billie?

placed for this loan?

A.

Its all the same loan. And no, I don't know.

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A.

No.

Q.

Is there interest -- have you seen any document

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Q.

Are you aware whether such a documents exists?

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that reflects the maturity date for the loan for Tammy

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A.

I do not know.

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Gwen Billie?

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Q.

Same question for Tammy Gwen Billie.

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19

A.

No.

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A.

Its the same loan.

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Q.

What is the interest on the loan to Tammy Gwen

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Q.

So would it be fair to say that there is --

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A.

Same answer.

21

Billie?

22

A.

I don't know. There is none on my schedule.

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Q.

There is no collateral for this loan?

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Q.

Have you seen any document reflecting an interest

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A.

No, that I don't know of any collateral for that

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on that loan?

A.

loan.

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No.

Q.

And you're not aware of whether there is any


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Q.

Gwen Billie?

What are the repayment terms of the loan to Tammy

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documentation for a collateral?

A.

Correct.

Q.

Now, according to the schedule that you have -- I

A.

I don't know.

Q.

Have you seen any document that reflects the

believe its Exhibit No. 1, Tammy Billie legal fee

balance.

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terms of repayment of this loan by Tammy Gwen Billie?

A.

No.

A.

Uh - huh.

Q.

What are the conditions of this loan?

Q.

Do you have a copy of that?

A.

I don't know.

A.

Yes.

Q.

Have you seen any document that reflect the

Q.

Okay.

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condition of this loan?

According to this the Miccosukee Tribe paid

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A.

No.

11

Michael Diaz two million three hundred and fifty-six

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Q.

Now, what collateral was placed by Billy Cypress

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thousand seven hundred and eleven dollars and fifty-seven

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cents; correct?

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for this loan?

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A.

I don't know.

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15

Q.

Have you seen any documents of any collateral

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placed by Billy Cypress for this loan?

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A.

According to this, through 9/30/2003, that is how

much was paid to Michael Diaz, correct.


Q.

Now, are you aware that Guy Lewis and Michael

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A.

I just said I don't know.

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Tein filed a lawsuit against Michael Diaz for charging

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Q.

My question is: Have you seen any document

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unreasonable fees, plus other allegations?

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reflecting --

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20

A.

It's the same thing.

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21

Q.

Its not the same thing. Is it the same answer?

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22

A.

Yes.

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charges for Lewis and Tein did not commence until 2005;

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Q.

Okay.

23

correct?

So would it be fair to say that there is no

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A.

Correct.

25

Q.

And there is an entry of forty thousand four

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document that reflects a --

A.

something like that way back, but I don't remember.


Q.

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I don't -- I don't know. I may have seen


Now, as we go through this Exhibit 1, okay. The

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hundred and forty-five dollars and fifty-one cents;

Now, do you remember the Wednesday before

correct?

Thanksgiving that I requested this information from you

A.
Q.

Correct.

regarding a hearing that was to take place on Monday

And then for 2006, we have forty-six thousand six

following Thanksgiving?

A.

Not specifically.

Correct.

Q.

Do you remember that I asked you for an E-Mail to

Now, we have 2007, twenty-five thousand two

hundred and nine and seventy-one; correct?


A.
Q.

A.

Correct.

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Q.

And then we have 2008, two hundred and

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ninety-three thousand four hundred and seventy-one with

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fifty-three cents?

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A.

MR. LOPEZ: Objection. The attorney is

hundred and seven and forty-nine?

send me documents?

testifying.
BY MR. ROMAN:
Q.

Do you remember that I sent you an E-Mail

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requesting you -- requesting that if you can send me

Correct.

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information regarding loans by Tammy Billie?

Two thousand and nine, we have one million five

15

hundred and thirty thousand sixty-eight dollars and

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fourteen cents?

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before Thanksgiving, and that there were people leaving

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Q.

A.

Yes, I kind of remember that.

Q.

And do you remember that that day, it was right

A.

Correct.

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early and you had to stay late until later in order to

Q.

Twenty ten, we have four hundred and ninety-one

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accommodate that request?

thousand six hundred and ninety-four seventy-three?

MR. SCHEINBERG: Before you answer.


Counsel, again, I'm bringing back up what

A.

Correct.

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Q.

Now, the total that has been paid for Tammy

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questioning, obviously you're testifying and

Billie's legal fees, according to this Exhibit 1, is how


much?

I've said before, just the nature of your

making comments on this record as if they are

A.

How much has been paid?

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fact and I strongly urge you to consider the

Q.

Yes.

25

fact that you're a witness in the case,

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A.

I will need a calculator because there's a -- I

can't add that many numbers in my head. I'm sorry.

Q.

But it will be fair to say that it's reflected

here -- all the charges that the Miccosukee Tribe have


paid for Tammy Gwen Billie are reflected here?
A.

All of the things that were paid for Tammy Billie

especially now during the deposition and

respectfully I'm objecting to you questioning

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this witness in this manner.


MR. LOPEZ: About things that you're
directly involved or after to do as a
witness, proffering it as fact when you're

that were part of her receivable that I would have

questioning, I would ask -- I would object to

properly identified that way, would be part of this

that and I would ask that you certify the

schedule.

Is it possible that anything ever got miscoded

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and that this could have something extra or missing? Yes.

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But this is a pretty correct document, yes.

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Q.

questions.
BY MR. ROMAN:

Q.

attorney back in November of 2012?

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Now, would it be fair to say that according to

Did you believe that I was representing you as an

A.

November 2012? There were times when I thought

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this document, according to Page 2, it says balance as of

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you were and there were times when I thought you weren't,

15

November 21st, 2012 is three million eight hundred and

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because at times you told me you were and at times you

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fifteen thousand two hundred and seventy-two dollars with

16

told me you weren't. So as of that specific date, what I

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ninety-two cents?

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was under the belief that day, I don't recall.

18

A.

That's what it says, yes.

Q.

Q.

18

Did you receive an E-Mail from me on that day,

Now, according to this document, as of November

19

the Wednesday before Thanksgiving, with a copy of a

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21st, 2011 -- 2012, I'm sorry, the total amount that Tammy

subpoena received from Lewis and Tein's attorney asking

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Gwen Billie owes the Miccosukee Tribe under this Exhibit 1

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is three million eight hundred and fifteen thousand two

23

hundred and seventy-two with ninety-two cents; correct?

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25

A.

Q.

you about information about Tammy Billie?


A.

That you were asking me about information about

Tammy Billie?

Yes -- you just said that.

24

Q.

To produce the documents showing the subpoena.

Okay.

25

A.

I don't think you necessarily were asking me to

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produce documents for a subpoena. I think you asked me to

provide all -- to provide the information on all

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Q.

And isn't it true that a few days after that you

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this schedule attached to it. And I wondered how did they

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get this schedule -- because this was something I gave to

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record, that based upon these lines of

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you, and then it seems that somebody subpoenaing the Tribe

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questions, which you've asked the witness and

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outstanding loans for her. I believe it was something


like that.

Q.

coming up on Monday right after Thanksgiving?

I don't remember that it was because of a hearing

or not, no. I remember you did send me something that had

had it, and I didn't understand that.

Q.

Did you receive that day by E-Mail a subpoena

that has been directed against Assistant Chairman Jasper


Nelson?

A.

I think that might have been attached, yes. This

was attached to that.

Q.

Okay.
And wasn't one of the items in that subpoena a

list asking for all loans regarding Tammy Billie?

A.

the issues in this case?

A.
Q.
A.
Q.

And did you remember that you were asked to

provide this information because there was a hearing

A.

were listed as the person with the most knowledge about

I don't remember exactly what the subpoena said.

I think you asked me for all loans regarding Tammy Billie.


Q. And as you have stated before, wasn't that
attached to a subpoena directly that Mr. Nelson, the

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Listed where?
In a court document.

I don't know.
Okay.
Now, didn't you send an E-Mail after this meeting

in which you requested to hire you an attorney?


MR. CALLI: Let me just say, for the

she's answered, any assertion as to privilege


that you've made to your communications with
her, is now completely, completely waived.
You've asked her questions about what you
said and did to her in meetings, and she's
answered. So you've waived your right, to
the extent it was ever a valid objection, to
assert privilege on any oral or written
communication in your capacity as a lawyer
for the Tribe and her as an employee

--

waived.
That's one consequence of why I think,
Mr. Scheinberg, as an officer of the Court

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A.
Q.

I think there was a subpoena attached to it, yes.


Now, let me go back to your belief that I was

your attorney.

A.
Q.

Okay.
Did we have a meeting on January 2000 -- January

10th, 2013 regarding your testimony in this case?

A.

I don't remember the date. We had a meeting. Is

that where -- the one where Byron and I were both there?

Q.
A.

Was Byron also present?

I said I don't remember the date. So if you're

talking about the meeting that Byron was at? Yes, I was
there. I remember having a meeting with you and Byron and
myself. I don't remember the date of the meeting.

Q.

Do you remember that at that meeting you were

informed that the Tribe was listing you as the person -one of the persons with the most knowledge about the issue
in this case?
MR. CALLI: Object to form of the
question.
BY MR. ROMAN:

Q.

Were you informed at that meeting that you were

going to be listed as one of the persons with the most


knowledge about the issues in this case?

A.

was asking you. Because you just created an

Assistant Chairman?

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let me tell you, it applies to all the


information you've been withholding and
secreting from Jim Furnas at the IRS, and
that's going to come down on you from your
soon-to-be former client.
He wants to ask you questions, have at
it.

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Yes.

inadvertent involuntary waiver of privilege


on your client, the Miccosukee Tribe. And

MR. ROMAN: Are you done with the


soliloquy?
MR. CALLI: Yes, sir. It's more like a
eulogy, but....
BY MR. ROMAN:

Q.
capacity?

A.
Q.
A.

Yes.
And when was that?

That was more than once. That was after the

first time I was served with a subpoena that you filed a


Motion of Protective Order for. That one, before you
filed that motion, you told me that you would be there as
my attorney because I was under the umbrella of the Tribe.

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Ms. Goldenberg, did I ever represent to you that

I was representing you as an attorney in your individual

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And then during this meeting that we had, after you wrote

to me that you would not be there representing me as my

attorney at our meeting, you told me that we would -- that

Witness, unless the Tribe has another

you would be there representing me as my attorney.

suggestion, Witness Exhibit 1.

is -- where are you on the list of exhibits?


MR. CALLI: We should mark that as

Q.

Okay.

MR. ROMAN: That will be fine.

A.

And they could not ask questions about

MR. CALLI: Because you got the

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conversations that we had because you were my attorney.


Q.

Did I ever advise you, by way of an E-Mail, that

Plaintiff. The Tribe has Exhibit 1, so this

is your Witness 1.

you needed to obtain a private attorney if you wished,

MR. SCHEINBERG: For the record, Witness

10

that I was only representing you as an employees of the

10

Number 1 is a composite of four pages of

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Tribe, not as your personal attorney?

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E-Mails dated January 10th, 2013 starting at

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1:14 p.m. However, it goes back to January


4th, 2013. And it speaks for itself with

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A.

Before this meeting -- I mean, before the meeting

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that we had, you sent me E-Mail saying you were not

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representing me, that you were there at the subpoena, to

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regard to the subject and who was cc'd on

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which the Tribe was not a party, just to represent the

15

this.

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Tribe's interest; that you would be making objections on

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the Tribe's behalf and not on my behalf and so that in an

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MR. SCHEINBERG: We need to staple it.

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abundance of caution, I think you said, that I might want

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Second -- can you read and listen at the same

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to get my own attorney; and then you said that Treasurer

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time?

MR. CALLI: May I see that?

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Cypress recommends that everybody gets their own

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attorney -- I guess you were speaking for him; and you

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also told me that I should get with Jerry Cypress to make

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record, Witness Number 2 is an E-Mail dated

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arrangements for the payment of my attorney.

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January 15th, 2013 at 1:29 p.m. from B. Roman

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Law to Byron Heslop and cc'd Jodi.

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25

After that, when we met in person, you said the


complete opposite, you said you would be there as my

MR. CALLI: Yes, sir.


MR. SCHEINBERG:. Witness 2. For the

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MR. ROMAN: That has been marked as

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attorney, that I did not need to bring my own attorney,

and that they would not be able to ask questions about

MR. LOPEZ: One.

conversations that we had because it was attorney-client

(Thereupon, the document referred to was

privileged and -- and I had to document it back to you

subsequently marked as Witness Exhibits No. 1

because it was all completely opposite from what you had

already put in writing.

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you're looking at?


MR. LOPEZ: Absolutely.

The last -- which E-Mail?

Q.

The one that I sent you.

A.

There is more than one here that you sent me.

MR. LOPEZ: Yeah.

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MR. SCHEINBERG: Why don't you just

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15

MR. LOPEZ: Can you just state for the


record --

E-Mail dated?

A.

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state, for the record, what you referred to.

The E-Mail that I sent to you on -- what is the

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Everything should be marked.

Q.

MR. CALLI:

14

& 2 for Identification.)

BY MR. ROMAN:

MR. CALLI: Can we mark whatever it is

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Composite Exhibit --

The one where you said you're not my attorney?

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Q.

Yes.

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A.

That was the 4th.

15

Q.

Okay.

A.

The 4th.

Q.

And can you read, for the record, please, what is

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THE WITNESS: This is missing --

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MR. LOPEZ: This is all your

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What day was that E-Mail sent?

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communications that have been referred to

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here. This is all E-Mail communications that

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have been referred to here. And just, let's

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just mark them. Howard, can you do that, can

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you mark them? I'm going to step out for a

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here relates to the case of Bermudez versus Jimmie Bert

23

second. I got to use the restroom again and

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and Tammy Billie. The Tribe is not a party to this case

24

just make sure that they're complete.

24

and the records relate to matters involving Jimmie Bert

25

and Tammy Billie that their former attorneys, Guy Lewis

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MR. SCHEINBERG: For the record, this

that E-Mail, how it reads?

A.

a Motion for a Protective Order because your deposition

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and Michael Tein, have already disclosed to the Court.

don't take any of this as a challenge, I am trying to

Also, Guy Lewis and Michael Tein disclosed to the Court

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understand this process of which I have at best very

two payments made by Treasurer Jerry Cypress to them from


his own NTDR account. Under these circumstances, you are
being called to the deposition by the Bermudez's attorney
as custodian of record and the person with the most
knowledge about these matters. I will attend your
deposition in my official role as attorney for the
Miccosukee Tribe only, and not as your personal attorney.

little knowledge.
First, how come the subpoena to me comes care of
you if the Tribe is not a party in this case? Also, since
if came care of you, with your office address and my
address doesn't even appear on the subpoena, why did they
serve at my home?
When I received the other subpoena, it had my

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This means that I will make all of the necessary and

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address on it and was served to me at home. When I spoke

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legally required objections on behalf of the Miccosukee

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to you about it, you told me you didn't understand why

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Tribe. Although I do not anticipate any personal issues

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they served that to me at my home as you had told them

arising relating to you personally, but in an abundance of


caution you may want to bring your own attorney.
Mr. Cypress has his own attorney and has recommended to
members of the Business Council to do the same in these
proceedings. If you decide to bring your own attorney,
please contact Mr. Cypress to make arrangements for
payment of his or her legal fees for representing you on
that day. If you have any questions please do not
hesitate to call me. Thanks, Bernie."

Q.

When was that E-Mail sent to you?

A.

January 4th.

Q.

What time?

A.

Nine fifty-five a.m.

that you would handle it at the Tribe. In this case, its


care of you, with your address, but they came to my home.

I think I understand your explanation that the


Tribe has no grounds for filing a motion because they are
not a party in the case. In what capacity would the
Tribe's attorney be present at a deposition in that case
then? If it is not because they are deposing a Tribal
employee and because you would be there to protect me as
such, what would be the purpose? As an employee of the
Tribe, I work for the best interest of the Tribe.
Wouldn't protecting me as a tribal employee and protecting
the Tribe go hand in hand?
You have told me in the past that as an employee
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Q.

Okay.

of the Tribe, you represent me 'under the umbrella of the

And did we meet subsequent to that in that

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Tribe'. Why doesn't that apply in this case? Why would

need a personal attorney? Please explain why I would

meeting that you described where Mr. Heslop was present?


A.

Yes.

Q.
A.

That first E-mail? I don't know. Because this

Who else was copied on that E-Mail besides you?

does not show who else you copied. This doesn't show who
you copied. This only shows who I copied and I sent this.

Q.
A.

Who did you copy on that E-Mail?

you be making objections on behalf of the Tribe (in a case


in which they are not a party), but not be making
objections on behalf of an employees of the Tribe that
falls under the umbrella of the Tribe? I am not asking
you to represent me personally, I am just trying to
understand how all this -- how this all works.
As I am not a defendant in this case, why would I

Well, that E-Mail is from you to me, so I didn't

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copy anyone on that one. My response to you, with my

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need to hire an attorney in order to simply answer

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questions and then my later response to you, it shows who

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questions in a case which I am nothing more than an

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I copied on those, but I can't copy somebody on your


E-Mail to me.
Q.

Okay.
Did you send an E-Mail to me in response to that

E-Mail?

A.
Q.
A.
Q.

Yes.

A.

It says, "Hi Bernie. Thank you for your

When was the next E-Mail that you sent to me?


January 4th.
What does it read?

response. I needed to know what I have to do.

I have a few questions raised by what you have


written and hopefully you will answer them for me. Please

accountant of the Tribe that might have knowledge of


things in question in the case?
How does the Bermudez family's attorney know who

I am? I don't know the Bermudez family or their attorney


and have no involvement in this case. How would they
decide that I am the person with the most knowledge about
these matters and why would they think I have custody of
any of the Tribe's records? I am not the custodian of the
Tribe's records.
Thank you for responding to my earlier E-Mail and
please get back to me on this when you're able to.

EDMEE PRATS COURT REPORTING SERVICES

Respectfully, Jodi."
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189
1

Q.

What date was that E-Mail?

MR. ROMAN: Okay.

A.

January 4th -- again.

THE WITNESS: Because you're looking at

Q.

Is that 2013?

A.

Yes.

it.
MR. ROMAN: Let's do this.

Q.

Okay.

THE WITNESS: I mean.

And what time was that E-Mail?

A.

One forty-four p.m.

Q.

Okay.

Q.

Let's look at the first E-Mail.

Did I send an E-mail -- did you receive a copy of

A.

Correct.
Let's look at the first E-Mail.

BY MR. ROMAN:

10

an E-Mail after that on January 15th, 2013 at 1:29 p.m.

10

Q.

11

that was addressed to Byron Heslop and you were copied on

11

A.

Uh-huh.

it?

12

Q.

The earliest E-Mail that you have on that

exhibit.

12
13

A.

If you have it there, then I did.

13

14

Q.

Okay.

14

Can you read that E-Mail into the record, please?

15

15

A.

"Mr. Heslop, the attorney --

16

17

MR. SCHEINBERG: That's already marked.

17

18

THE WITNESS: This is a different one.

18

16

A.

The earliest E-Mail that I have on this exhibit

is actually from October 26th because -Q.

Okay. Let me ask you the question.


Let's get in front of you the first E-Mail that

you have, the earliest one as to date.

19

A.

20

MR. SCHEINBERG: I'm sorry.

20

Q.

In this October 26th, 2012?

21

THE WITNESS: But there's more to this

21

A.

Yes.

19

That's later.

I did. I told you. October 26th.

22

Q.

That E-Mail?

23

MR. SCHEINBERG: Oh, that's okay.

23

A.

Uh-huh.

24

MR. LOPEZ: The other one being Witness

24

Q.

October 26th, 2012, to whom was that addressed?

25

A.

To me.

22

25

other.

Number 1.

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MR. ROMAN: Let me see the other one.

THE WITNESS: Am I reading this now?

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4
5
6
7
8

BY MR. ROMAN:
Q.

A.

You want me just to read it?

Q.

Could you, please.

A.

"Jodi: Attached for your information, find a

A.

Q.

17

Q.

18

24
25

No, I didn't read that one yet.


Okay.

10

copy of the Miccosukee Tribe's Motion for a Protective

The first E-Mail that you read, what day is it?

11

Order filed on your behalf in this matter. You do not

Well, you have it in front of you. So if you

12

have to appear for your deposition scheduled for Tuesday,

13

October 30th, 2012. This matter will be scheduled for a

give it to me, I can look at it. I think it was the 4th.

A.

23

Now, what does that E-Mail of October 2012 says?

16

22

Okay.

The first one there that you just read, the one

15

21

Q.

Q.

that is dated January 10th, 2013.

Q.

20

you copy on these E-mails, it does not indicate that.

11

19

Okay. I just told you that I can't tell you who

Because that happened first.

10

14

A.

And who was copied in that E-Mail of October

A.

A.

13

3
5

that we have a sequence.

12

2012?

Yeah, before you read that one. To make sure

Q.

1
2

Okay.

14

hearing before the Circuit Judge and he will decide if and

We have it backwards. Hold on.

15

when your deposition will take place. If you have any

That's how E-Mail works.

16

questions do not hesitate to call me on my cell phone.

Okay.

17

Thanks, Bernie."

The E-Mail of January 4th, 2013, is this the one

18

A.

Q.

Okay.

A.

Uh-huh.

21

Q.

-- after that, when is it?

22

A.

December 31st, 2012.

23

Q.

Okay.

20

I don't have it in front of me. I read an

E-Mail.
MR. SCHEINBERG: You're looking at it,
Counsel.

24

THE WITNESS: Can you recognize that it's


what I read?

25

EDMEE PRATS COURT REPORTING SERVICES


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Now, the next E-mail --

19

that you read on the record?

And is that the E-Mail that you read already?


A.

Nope.
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193
1

Q.

Can you read that one, please?

questions that I read already.

A.

It says, "Hi Bernie.

Q.

And you already read that into the record?

I hope you had a good Christmas.

A.

Yes. I read that one already, correct.

Will you be filing something for my subpoena for

Q.

And what is the date of that E - Mail?

January 25th, 2013 like you filed for the subpoena back in

A.

January 4th.

Q.

Two thousand and thirteen?

A.

Yes.

Q.

Is that our last E - Mail exchange?

A.

No.

Q.

Okay.

October?

7
8

Let me know what I need to do and have a happy


new year.

Jodi."

10

Q.

What time was that E-Mail sent to me?

10

11

A.

Eleven thirty - nine.

11

12

Q.

That's 11:39 a.m. I assume; correct?

12

13

A.

Yes.

13

14

Q.

Okay.

14

Now, does it show who was copied on that E-Mail?

15

15
16

A.

The one that I sent you, I copied Byron.

16

17

Q.

What is the E-Mail that comes immediately after

17

18

What other E-Mail exchanges are after that?


A.

wrote me, "Jodi, I will be at the trial

Q.

--

When did I write you?


MR. SCHEINBERG: Let her answer her

question.
THE WITNESS: January 4th, same day,

18

that, the next E-Mail by date?

Okay. Rather than answering these in writing you

2:45 p.m..

Can I explain something about this one?

19

Q.

Absolutely.

20

week. Please let me know what would be a

A.

The reason that I wrote this E-Mail attached to

21

convenient date and time to meet with you and


Mr. Heslop to answer your questions. Thanks,

19

A.

20
21

"Jodi, I will be at the Tribe all next

22

what you E-Mailed me about the other subpoena, was because

22

23

I had received a subpoena, and I think probably at least

23

Bernie."

24

like a week a gone by and you didn't say anything to me,

24

BY MR. ROMAN:

25

so I was asking you okay, what's the story with this one?

25

Q.

Did we meet after that?

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You told me you never got a copy of it, which didn't make

A.

Yes.

sense to me since it had your name and the address of your

Q.

Is that the meeting that you have described here

business on it, but you said when I sent you this E-Mail

that was the first that you heard that I had even been

A.

Yes.

subpoenaed again. I thought you would have contacted me

Q.

Okay.

about it, but you didn't. So I thought the way to

approach you was just to ask you are you filing the same

A.

thing, like you did on the other one.

Q.

What does that E - Mail say?

A.

The E-Mail that I wrote to you documenting the

9
10
11

12
13
14

Q.

Are these things that you just described in your

10

explanation, are these things reflected in any E-Mail?


A.

Are what things reflected? You telling me that

you've never received a copy of it?

where Mr. Heslop was present?

And do you have an E - Mail to follow that meeting?

meeting?

11

Q.

Yes.

12

A.

Yes. Okay.

13

Q.

Exactly.

A.

No, you wouldn't put that in writing. You told

Yes.

I said, "Hi Bernie,

14

Thank you for taking the time to meet with Byron

15

me that in person. I documented it on here though and you

15

and me regarding my questions about my deposition. I

16

did not dispute that.

16

wanted to confirm a few of the things that were discussed

Okay.

17

just to make sure I understand correctly, as some of it is

Now, when is the next E - Mail?

18

different from your original response to me.

The next E-Mail is the one that I read from

19

17

Q.

18
19

A.

20

January 4th where you told me why you were not my

20

21

attorney.

22

Q.

23
24
25

A.

You explained that the reason my subpoena came


care of you with your address on it, was because you are

21

the attorney for the Tribe and I am a Tribal employee.

Okay.

22

You also said it was to keep my address out of the public

Then when is the next E - Mail after that?

23

record. You said you did not receive a copy of the

The next E-Mail is the one that I wrote to you

thanking you for your response and asking you a bunch of

24

subpoena and didn't know I was served until I E-mailed you

25

told you I would get a copy to you.

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2
3
4
5
6
7
8
9

You said that although I could bring my own


attorney and that you were obligated to tell me that, I do
not have to bring my own attorney and that you would be
there not only representing the Tribe and making
objections on their behalf, but also representing me and
making objections on my behalf.
You said there were certain things that you would
object to them questioning me about and you also said that

I would not have to answer questions about things

pending for several weeks and the IRS is

2
3
4
5
6
7
8
9

threatening to take the Tribe to Court in


order to force compliance. If this matter is
referred to Court it will result in
additional unnecessary litigation costs.
Since the former Chairman's IRS case is
different and apart from that of the Tribe
and Tribal Members, and the Tribe already
made the decision not to object to the

10

discussed between you and me because that is privileged

10

Summons directed at him, any litigation on

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

under attorney-client relationship as you are the Tribe's

11

this matter may have a negative effect on the

attorney and I am an employee of the Tribe.

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13
14
15
16
17
18
19
20
21
22
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24
25

Tribe. What is the status of these records?

You said that you would meet with me before the


deposition to explain to me how it would work and what to
expect and you confirmed that I am not the custodian of
the Tribe's records and would not be providing any of the
Tribe's records as they don't belong to me.
You also told me that the reason they are
deposing me is because you gave them my name in your
deposition as someone you knew in the finance department
that you believed had knowledge of the things in question.
Please let me know if I misunderstood any of what
I've written here from our meeting.
Thanks again, Jodi. "

Q.

Now, was there any other E-Mail communication

I am addressing this matter to you because


you are currently the person with the most
knowledge in the finance department and know
the location of the finance records for the
relevant period of 2000 through 2010.

Please

let me know as soon as you can. Thanks


Bernie."
BY MR. ROMAN:

Q.

Did I ever send an E-Mail to you stating that I

was your personal attorney?

A.

E-Mail to me stating that? No, you told me that

in person.

Q.

When I said that to you in person, when was that?

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after that, either from you to me or from me to you?

A.

A.

On the day that we had the meeting. I guess it

On this topic? On this string? No. This was

was January 10th because I probably wrote this on the same

the last one. Did you send me E-Mail after this? Yes.

day that we had the meeting.

Well, there was a couple that you sent me where

3
4
5
6
7
8
9

you said -- after that you sent me an E-Mail, I don't know

10

11

if it's here or not, telling me that Mr. Furnas called you

11

A.

I don't think so.

12
13
14
15
16
17
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19
20
21
22
23
24
25

about the documents.

12
13
14
15
16
17
18
19
20
21
22
23
24
25

Q.

Was there any other meeting in which I

Q.
A.
Q.
A.
Q.
A.

Yes.
You were constantly sending me E-mails.
I constantly sent you E-Mails?
Yeah.
What was the nature of the E-Mails?

MR. LOPEZ: Witness Exhibit 3.


THE WITNESS: Is this it?
MR. LOPEZ: Yes.
(Thereupon, the document referred to was
subsequently marked as Witness Exhibit No. 3
for Identification.)
THE WITNESS: You want me to read it?
MR. ROMAN: Of course.
THE WITNESS: "Jodi: I received a phone
call yesterday from IRS agent James Furnas
regarding the IRS request for all records
requested in the Summons involving former
Chairman Billy Cypress. This matter has been

Q.
A.
Q.
A.
Q.

Byron.
Byron Heslop?
Correct.
Was there any other meeting with you and me

subsequent to that?

represented to you, as you said, that I was your personal


attorney?

A.
Q.

I don't think so.


Okay.
Why would you not seek independent legal

representation, as you were advised in one of those


E-Mails?
MR. LOPEZ: Objection. Calls for a
legal conclusion. Speculation.
MR. SCHEINBERG: Attorney-client
privileged anyway.
BY MR. ROMAN:

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Q.

Which date did you receive an E-Mail advising you

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201

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2

to obtain independent legal counsel?

A.

attorney?
MR. LOPEZ: Objection.

Well, it's not exactly what it said --

THE WITNESS: You don't have to look at

Q.

Now you --

A.

-- that although I probably wouldn't need it that

me like that either. You can hear me without

Mr. Cypress has his and recommends the same, and in an

giving me that look.

abundance of caution I may want to bring my own. After

which you told me, I would not need to because you would

be there representing me.

BY MR. ROMAN:

Q.

Are you paying your current attorneys?


MR. SCHEINBERG: She's not going to

Q.

Okay.

10

A.

That was January 4th.

10

11

Q.

Okay.

11

MR. LOPEZ: Certify that question.

On January 4th, after receiving that E-Mail and

12

MR. ROMAN: On what grounds?

12

answer that.

MR. LOPEZ: Attorney-client privilege

13

instructing you to go and see Mr. Cypress to make

13

14

arrangements to pay for your own attorney, why didn't you

14

certification. We've asked that the question

15

seek one?

15

be certified. If a Court directs her to

16

answer the question, she will answer it.

17

Until then, she won't.

MR. SCHEINBERG: You still don't think

16
17

you're a witness in this case now?


MR. ROMAN: Why didn't you obtain an

18
19

attorney?
THE WITNESS: I have an attorney. I did

20
21
22
23

obtain an attorney.
BY MR. ROMAN:

24
25

MR. CALLI:

18

I would -- I would only, at

19

this point, and I've sat and allowed you to

20

ask questions, but I'm unclear what this has

21

to do with the Lewis Tein lawsuit that you

22

filed on behalf of the Tribe in which she's

When did you obtain an attorney?

23

here appearing as a witness? You've gone

MR. SCHEINBERG: That's none of your

24

very far afield, and I don't know the

25

relevance of any of these lines of questions;

business.

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privilege.

BY MR. ROMAN:

Q.

When did you hire your current attorney? I'm not

asking you to say anything -MR. SCHEINBERG: Don't answer.

6
7

MR. LOPEZ: Objection. Attorney-client

1
2

BY MR. ROMAN:

Q.

Q.

Okay. Then I think we'll move on.


Now, let's go back to the issue of your testimony

4
5

in response to Lewis Tein's attorney regarding the loans,

and I'm going to ask you about the minutes of the General

Council that you were provided.

-- any communications that you had with him?

MR. LOPEZ: Certify that question.

Do you have a copy of that? It's Exhibit 5. Do


you have that in front of you?
MR. CALLI:

10

MR. ROMAN: I'm asking you when did you

10

I think it's objectionable.


BY MR. ROMAN:

11

hire the attorneys that are in this room

11

12

representing you?

12

13

MR. LOPEZ: Objection.

13

14

MR. SCHEINBERG: Don't answer.

14

15

MR. LOPEZ: Certify the question. Do

15

Exhibit 5.

MR. ROMAN: Do you have it in front of


you?
THE WITNESS: Yes.
BY MR. ROMAN:

Q.

Okay.
Thursday, November 5th, 1998 at 10:00 a.m., okay.

not answer that. We could certify it and go

16

17

before the Court. If the Court directs you

17

18

to answer, then you answer it.

18

reads Page 68, which is a request from Jimmie Bert. You

19

were asked about the request that he made for legal

20

representation to be paid by the Tribe; correct?

16

MR. ROMAN: And what -- under what

19
20

privilege are you --

Now, Page 3, which is on the bottom, says --

MR. LOPEZ: Attorney client privilege.

21

22

MR. ROMAN: -- instructing the witness

22

asked about this paragraph, correct. I was asked to read

23

it. I was asked some things about it.

23

not to answer?

24

MR. LOPEZ: Attorney-client privilege.

24

25

MR. ROMAN: Are you paying your current

25

A.

I don't remember exactly what I was asked. I was

21

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Okay.
Now, can you agree with me that in November 5th,

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1998 Lewis and Tein were not the attorneys for Jimmie Bert

and Tammy Billie?

3
4
5

A.

I don't know who were their attorneys at that

Q.

Is there anything else in these minutes of

Q.

Okay.
What was the amount of the retirement fund for

3
4

time.

BY MR ROMAN:

Jimmie Bert?

A.

I don't recall.

Q.

Let's go to the next item, the next meeting which

November 5th, 1998 that shows that a loan had been

approved for Guy Lewis and Michael Tein?

is Thursday, February 3rd, 2000 at 10:00 a.m.

A.

A loan for Guy Lewis and Michael Tein?

A.

Uh - huh. I mean yes.

Q.

Yes.

Q.

Page 42.

10

A.

It would have been a loan for the Tribal member.

10

A.

Yes.

11

Q.

Exactly. There had been a loan for a Tribal

11

Q.

It reads, "Ms. Bert -- reading one, two, three,

12
13
14

12

member to pay Lewis and Tein's legal fees?

13

not know the total amount due, she had been told a balance

14

will be given to her after each deduction but this has not

MR. ROMAN: That's a question.

15

been done."

MR. LOPEZ: Okay.

16

MR. LOPEZ: Is that testimony or a


question?

15
16

four, five, six paragraphs down. "Ms. Bert stated she did

You see that?

17

A.

Is there anything in this meeting that says that

18

Q.

19

the General Council approved a loan for payment of legal

19

20

fees on behalf of Jimmie Bert or Tammy Billie for

20

on Page 42, 43, or 45, that it says that on that date

21

attorneys Guy Lewis or Michael Tein?

21

there was a loan approved by the General Council,

They don't mention any attorneys.

22

Miccosukee General Council to pay legal fees to Lewis and

MR. CALLI: So who are they loaning the

23

Tein on behalf of Tammy Bert or -- I'm sorry, Tammy Billy

24

or Jimmie Bert?

17
18

22

BY MR. ROMAN:

Q.

A.

23
24

money to?

25

Okay.
Is there anything in these minutes under item --

25

MR. SCHEINBERG: For the record, most of

Yes.

A.

No, they do not mention Lewis and Tein.


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it is blacked out.
BY MR. ROMAN:

Q.

The part that you can read that says "Request,

Item 11." Page 68. "Request from Jimmie Bert."

Q.

The next General Council meeting, special General

Council meeting of Thursday, Thursday May 3rd, 2001, at

10:00 a.m., and this is -- let's go to Page 50 where it

says that "Louise and Tammy requested assistance for

A.

Uh - huh.

$30,000 to pay lawyer fees and will pay back through NTDR

Q.

The third page -- under Page 68, okay?

deduction."

A.

Yes.

Q.

And then it goes into Page 69 at the conclusion

A.

Yes.

Q.

Okay.

9
10

of Item 11. Is there anything in there that says that

You see that?

And then there is a Page 52, which is a signature

there has been a loan for legal fees on behalf of Jimmie

10

11

Bert and Tammy Billie approved by General Council on that

11

page. Is there anything on those minutes that shows

12

date?

12

approval of legal fees on behalf of Tammy Bert -- I'm

Let me read it again.

13

sorry, Jimmie Bert or Tammy Billie for legal fees?

MR. LOPEZ: And, for the record, you're

14

13
14

A.

A.

They show approval of an advance on his

15

asking her to read the part that's not

15

councilman's retirement stipend and they show an approval

16

blacked out, which is three quarters of the

16

to excuse Louise and Tammy from their deduction on one of

17

page; correct?

17

their distributions -- their deduction to be paying back

18

money on whatever their loan was.

18

THE WITNESS: In this first part they

19

approved to advance Jimmie his year's worth

19

20

of ex-councilman stipend because he had

20

21

expenses as a result of a legal matter; and

21

22

in the other part it says that they agreed to

22

23

allow Louise and Tammy to receive their

23

24

December distribution without deductions.

24

25

Those were the things that were agreed.

25

Q.

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When you have testified or were questioning by

Lewis Teins' attorney -MR. CALLI: He won't say my name. He


won't E-Mail my either.
MR. ROMAN: I'm sorry?
MR. CALLI: I said you won't say my name
and you won't E-Mail me either, so...
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THE WITNESS: Lucky you.


BY MR. ROMAN:

Q.

When you were asked by Mr. Calli, the attorney

There's this schedule that I was asked to keep

2
3

for the purposes of -- if her family wanted to know the

Billie.

for Lewis Tein, about whether these loans were included on

the receivables, you said that they were; is that correct?

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A.

status and balance, that's why I have a schedule for Tammy

Q.
A.

Okay.
This amount would be part of the legal fees

A.

Yes.

Q.

Okay.

receivable that would appear in the books of the general

Now, what does that mean? What does it mean that

account of the Tribe.

they were included in the receivables?

Q.

Does the legal receivable that shows that money

Let me ask you this way. If I ask for the

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that is owed by Tribal members for legal fees have one

receivables, was there a line that says loan by the

specific entry, one line that it says Tammy Billie and

amount of time that it would take to explain to you how

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accounting works and how general ledgers work and what a

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Miccosukee Tribe to Jimmie Bert for this amount?

A.

I'm sorry, but I can't -- I do not have the

this is the amount?

A.

I already told you, it includes Tammy Billie and

other Tribal members.

Q.

But my question is not does it include everybody.

receivable looks like and what it looks like in the ledger

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Does it include a whole amount, or does it break down per

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as opposed to on a schedule. You're asking a question

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Tribal member how much they owe?

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that doesn't make sense.

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Q.

A.

Okay. And like I said before, I don't have the

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time to explain exactly how accounting and general ledgers

that I say I want to go to the Tribe's financial records

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work. If you look into a transaction listing of that

and I want to see where the loan that was given to Tammy

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code, you will see entries to it. You will see entries

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Billie to pay legal fees is reflected. Would I find a

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that -- you will see debits for payments made to various

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line item that says Tammy Gwen Billie, this amount of

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vendors for Tribal members for their attorney's fees; you

money that she owes the Tribe for payment of legal fees?

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will see credits for deductions that -- from their money

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that is paid back against those legal fees.

A.

Okay. Let me ask it this way. Let's suppose

No.

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Would I find --

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As I already explained, her legal fees that she

ledger in the financial statements, you will not see a

Okay.

Q.
A.

Okay.
There's not -- no. If you go and look in the

owed, is in a line item where there are legal fees of

line that says Tammy Billie. No, you will not. I've

other Tribal members that are owed. So that would not

already explained that. I have a schedule for Tammy

show specifically which part is hers. I have a schedule

Billie and I told you the purpose of that schedule.

which details how much she owes because I was asked to

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Bert?

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keep track of that for the family members.

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owes.

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Q.

Q.

A.
Q.

Okay.
I've already told you this.

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Okay.

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Is the schedule that you have separate from the


listing of the money that is owed?

A.

The schedule is the listing of what money she

Okay.
When the Tribe prepares -- prepared the document

that it shows that money that is owed to the Tribe by


Tribal members --

A.
Q.
A.

Is there such a document?

Q.

For the Tribe.

Okay, what document are you talking about?

For whom?

A.

For who?

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Q.

For Tammy Billie.

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Q.

EDMEE PRATS COURT REPORTING SERVICES

MR. LOPEZ: Objection.


THE WITNESS: It's the same thing.
MR. LOPEZ: Asked and answered. There
is no line item that identifies each member.
She's testified to this ad nauseam.
MR. CALLI: I think the record needs to
be clear when you say that. What -- in
what -- in what screen? In what journal? In
what whatever? You know, its not -- I don't
think you've testified -- I need you to
clarify your testimony because I'm looking at
Exhibit 1.
THE WITNESS: Right, right, right. I
should say what the exhibit is, correct.
MR. ROMAN: Let me ask you this.
THE WITNESS: Because you're asking
general questions because you don't know how

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it works.
BY MR. ROMAN:

Q.

Let me follow-up on what Mr. Calli is saying,

okay. You prepare a document every year that shows what


Tribal members owe the Miccosukee Tribe for legal fees;
correct?

A.
Q.
A.

No. What document are you talking about? No.


Is there such a document?
A document that shows what legal fees are owed by

Q.

Yes.

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A.

No.

Q.
A.
Q.
A.
Q.
A.
Q.

Okay.

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And again --

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Is there a document -You don't have to -Okay, that's fine. I won't look at you.
Thank you.
Is there a document that is prepared as part of

the auditing where there is a line, whatever we call the


document, there is a line that says, this is the amount
outstanding from Tribal members to the Tribe for legal
fees?

A.

-- does that audited financial statement, does it

Q.

have a line that it shows the money that Tribal members


owe the Tribe for legal fees?

I would have to have an audited financial

A.

statement in front of me. I don't recall exactly how it's


broken down in that financial statement.

Q.

Based on experience over these 20 years, is it

broken down by Tribal members or is it broken down by


total?
MR. LOPEZ: Objection. Asked and

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Tribal members, like broken down by Tribal members?

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In total, yes. And it would include everything

except for Billy's legal receivable, which has its own

answered.
BY MR. ROMAN:
Is it broken down by Tribal member?

Q.

A.
Q.
A.
Q.

In the audited financial statements?


Yes.

I don't think so. Other than Billy's perhaps.


Okay.
(Thereupon, a discussion was held off

the record, after which the following


proceedings were had:)
THE VIDEOGRAPHER: We're back on the
record at 6:05 p.m.
MR. ROMAN: I have another hour. I have
just been informed that co-counsel Pino, her
husband is unable to pick up her child from

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code.

Okay.
That total, is it as shown in this document as a

total? For example, let's pick a number.

Does it say

seven million dollars, eight million dollars, ten million


dollars, or does it say Tribal member X, one million;
Tribal member Z, one million.

A.
Q.

How is it reflected?

What document are we talking about?


Okay. Is there a document where you place, for

accounting purposes, the total that Tribal members owe the


Miccosukee Tribe on outstanding loans for legal fees?

A.

There is a line item in the general ledger which

And if any of them was to ask to see it, or would

21

That's the general ledger. They will see it in

the form of an audited financial statement.


No, they did not receive copies of the whole
general ledger because it's thousands of pages.

Q.
A.

inquire about it, of course it would be provided to them.

Q.
about --

A.

u h-huh.
EDMEE PRATS COURT REPORTING SERVICES

MR. SCHEINBERG: Just to make it clear,


we're not agreeing to have her re-deposed.
MR. CALLI: Can I just ask -- you guys
can handle that. I just have five minutes,
so I don't know if anybody objects to that.
MR. ROMAN: We just got the call. We
really need to go. I'm the driver.
MR. CALLI: Two minutes.
MR. ROMAN: We just got the call. I
have to go. That's what I said.
MR. CALLI: I mean, I'll make it one
minute. I'll cut it down and ride on your
coattail if you're going to go ahead.

I just

wanted to ask three questions.


MR. ROMAN: Let me go ahead and finish
with the time that I have, the time that I
have left and then you can follow up.
MR. CALLI: You're saying, you want
to

-MR. ROMAN: We will finish at some other

time.

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up the child.

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The audited financial statement that you talked

reserve the right to use the other hour left,


as I'm the driver, and there's nobody to pick

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Now, the audited financial statement --

Is that general ledger shown to the Business

Council?

A.

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tracks legal fee receivables for Tribal members.

daycare. So I'm going to go ahead and break,

Page 213 to 216 of 225

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you're going to ask your three questions,

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however, you're not saying that I do not have

the ability to reserve my one hour?

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MR. CALLI: I just need to get three


questions out while we're arguing, Bernie
that has nothing to do with prolonging the
thing. I just want to ask three questions.
MR. ROMAN: You're going to ask --

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Do you know where?

A.

No.

Q.

Did Mr. Roman ever ask you for originals or

copies of any documents?

A.
Q.

I don't remember. Possibly.


Are these true and correct copies of the

originals?
A.

Well, these are copies of copies of originals,

yes.

MR. ROMAN: -- and to her attorney.

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11

MR. CALLI: I'm not going to -- with all

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MR. LOPEZ: Well, I just have to say

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something for the record, to get a commitment

to leave that dispute to you and --

due respect to both of you, I'll take no


position in that regard.

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be able to finish up and then you ask and I


can redirect or recross, that way you don't
ask something then I need to ask.
MR. CALLI: I'm not going to object to
you doing that. I will not -- I will not
object if that eventuates.
MR. ROMAN: Do I have the same
commitment from Mr. Lopez?
MR. LOPEZ:

MR. ROMAN: Counsel, those are the three


questions.

from Mr. Roman, okay.


I understand. I have kids. Everybody

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MR. ROMAN: I think that I would rather

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MR. CALLI: I'm not going -- I'm going

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10

Q.

How long are you going to --

MR. CALLI: What he's asking, I think is

has kids, so in light of that do we have a


commitment from you that the subsequent
deposition is limited to one hour?
MR. ROMAN: That will be fine as long as
nothing new comes up, meaning that during
that deposition we will go one hour.
MR. LOPEZ: Right.
MR. ROMAN: If Mr. Calli has questions,
then I will be allowed to recross and then,
obviously, it will beyond the one hour.

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if you all have this dispute and can't

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resolve it, and it's resolved in his favor,


will you object if, by me asking a few
questions now, then he has to ask sort of re
redirect.
MR. ROMAN: I think, because of the

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circumstances, I think it's better that we


just go.
REDIRECT EXAMINATION

MR. ROMAN: And that will be one hour

I got to ask these questions, Bernie. Just three

questions, and I could ask them while you're packing up


your stuff. It just pertains to the exhibits you've
produced which is Exhibit 3.

the answers take five minutes, then obviously


it's cutting into the hour.
MR. LOPEZ: What I'm trying to -- what
I'm trying to avoid is another seven hour
deposition.
MR. REYES: It's one hour, period.
MR. ROMAN: Yeah, I understand this.

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This has been a 7 hour deposition because


there have been two sides. It's not a
seven hour one way. So I don't believe there
will be a 7-hour deposition.
MR. LOPEZ: As long as we don't have to

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from, Exhibit 3?

17

conceived and in what bedroom, then I think

18

copies came from were something that I had in my office

18

we can limit it to an hour.

19

because of what was going on in this case and I had been

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20

transporting the many depositions that Bernie gave me back

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Subject to any extraordinary matter,

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and forth between home and the Tribe to try to read

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one hour.

through them for preparation and I inadvertently picked

22

MR. LOPEZ: Right.

these up along with it.

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MR. ROMAN: Absolutely. Thank you.

Who had -- where did you get these documents

A.

Those copies -- well, the copies that these

Q.

Do you know where the originals are?

24

A.

They would be at the Tribe.

25

EDMEE PRATS COURT REPORTING SERVICES

discuss when Billy Cypress's kids were

MR. REYES: Limited to one hour.

(Thereupon, the taking of the deposition


was adjourned.)

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--

one hour to ask questions, not one hour -- if

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BY MR. CALLI:

Q.

MR. LOPEZ: Right, okay.

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2

221
(Reading, signing, and notice of filing

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were not waived.)

TO:

Jodi Goldenberg

RE:

Miccosukee Tribe
VS.
Lewis and Tein
CASE NO. 12-12816 CA 40

Dear JODI RAE GOLDENBERG:


This letter is to inform you that the transcript of your
deposition taken in the above-styled cause is ready for
reading and signing.
It is available as of today, should you choose to
read and sign, at Edmee Prats Court Reporting Service,
located at 1442 N.W. 13th Terrace.
The transcript will be available for ten days and
will then be forwarded to the ordering attorney.

Yours Sincerely,

Joanne Caudill, Court Reporter


Notary Public, State of Florida

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222
CERTIFICATE

DEPONENT'S SIGNATURE
STATE OF FLORIDA
:

JODI RAE GOLDENBERG

SS

COUNTY OF MIAMI-DADE

Sworn to and subscribed to before me


this

day of

I, JOANNE CAUDILL, Court Reporter and Notary

, 2013.

Public in and for the State of Florida at Large, do hereby


certify that I reported the deposition of JODI RAE
GOLDENBERG, taken before me at the time and place stated

NOTARY PUBLIC

in the caption thereof.

My Commission Expires: 9/14/13

I further certify that said witness was duly


sworn according to law; that I am not a relative,
employee, attorney, or counsel of any of the parties'
attorney or counsel connected with said cause, nor am I
financially interested in said cause.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal this 2nd day of February,
2013.

JOANNE CAUDILL, COURT REPORTER


NOTARY PUBLIC/STATE OF FLORIDA

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02/03/2013 06:30:03 PM

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ERRATA SHEET
I do hereby acknowledge that I have read this
transcript and find it to be accurate except for the
corrections noted below.
LINE
PAGE
LINE
PAGE
LINE
PAGE
LINE
PAGE
PAGE
LINE
LINE
PAGE
PAGE LINE
LINE
PAGE
PAGE LINE
PAGE
LINE

J
J
J
J

_
_

Signed and dated this

day of

2013.

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02/03/2013 06:30:03 PM

98:24
1099 MI - 97:24,

98:4, 99:1
$10,000

[2] -

52:25,

53:4
$15,000 [1] -

147:12
$30,000 [1] - 208:5

'03 [1] - 44:19


'06 [1] - 130:9
'07 [2] - 130:20,

130:22
'09 [3] - 131:14,
132:7, 132:8
'92 [3] - 114:10,
114:11, 114:12
'98 [1] - 86:12
'Jimmie [1] - 84:17
'Tammy [1] - 85:24
'under [1] - 188:1
0

09 [1] - 131:16
I

3:6, 3:9,
3:9, 30:22, 38:25,
42:3, 53:25, 54:23,
54:25, 58:10, 58:23,
59:6, 62:13, 62:18,
64:19, 69:12, 81:4,
81:14, 83:21, 84:24,
86:3, 86:6, 152:2,
152:4, 152:13,
152:15, 152:18,
152:21, 159:18,
172:4, 172:21,
173:22, 174:21,
183:4, 183:7, 183:8,
183:10, 184:4,
189:25, 212:20
10 [13 - 146:22
1

[40] -

10/25/12 [2] -

126:25, 127:2
100 [4] - 1:17, 2:9,
4:5, 145:6
102 [1] - 2:13
1069-001 [6] -

43:24, 50:5, 50:6,


59:14, 61:9, 69:22
1078 [1] - 96:14
1078-001 [1] - 50:1
1096 [2] - 98:17,

02/03/2013 06:30:03 PM

1099's [9] - 98:3,

98:5, 98:6, 98:12,


98:13, 98:19, 99:3,
102:5, 102:15
10:00 [3] - 204:16,
207:7, 208:3
10th [4] - 178:7,
183:11, 190:8,
200:2
11 [2] - 206:4,
206:9
11/5/90 [1] - 74:8
114 [1]- 2:21
11:39 [11- 193:12
11TH [1] - 1:1
12-12816 [2] - 1:4,
223:7
1250 [1] - 2:4
12:14 [2] - 1:19,
4:4
12:23 [1] - 11:6
12:24 [1] - 11:11
12:47 [1] - 27:2
12:49 [1] - 27:7
13 [1] - 79:17
13th [1] - 223:12
14 [1] - 73:23
1442 [11 - 223:12

15[2]-69:11,
69:12
151,000 [1 ] -

130:24
152 [1] - 3:9
15th [2] - 183:23,
189:10
17 [1] - 70:12
184 [1] - 3:9
198 [1] - 3:10
1991 [1] - 114:24
1992 [3] - 114:5,
114:7, 114:10
1998 [4] - 81:24,
204:16, 205:1,
205:6
19th [1] - 155:22
1:14 [1] - 183:12
1:22 [1] - 49:4
1:29 [2] - 183:23,
189:10
1:32 [1] - 49:9
1st [2] - 1:18, 4:3

2
2 [281- 3:6, 3:9,
49:11, 49:15, 50:16,

52:21, 58:19, 59:9,


59:18, 60:24, 81:5,
81:6, 96:13, 123:22,
126:20, 146:5,
146:11, 146:14,
148:20, 151:15,
157:25, 159:4,
159:19, 166:25,
174:14, 183:21,
183:22, 184:5
2.3 [1] - 44:17
20 [11] - 30:25,
67:18, 100:3,
133:16, 135:5,
144:8, 146:22,
147:5, 163:3,
163:14, 215:7
2000 [8] - 77:15,
77:16, 78:19, 81:24,
134:8, 178:6,
199:17, 207:7
2001 [1] - 208:2
2002 [1] - 114:10
2003 [5] - 38:19,
38:20, 42:15, 42:16,
44:15
2004 [1] - 123:10
2005 [3] - 73:5,
164:17, 172:22
2006 [15] - 148:2,
148:9, 150:2, 150:8,
150:9, 159:3, 161:2,
161:8, 161:21,
164:4, 166:24,
167:2, 167:5, 167:7,
173:4
2007 [5] - 130:14,
130:19, 148:12,
164:8, 173:7
2008 [3] - 148:14,
164:10, 173:10
2009 [8] - 123:14,
148:15, 148:16,
150:9, 161:2, 161:8,
161:21, 164:14
2010 [27] - 38:3,
62:8, 62:11, 70:13,
73:5, 86:12, 114:5,
114:7, 114:13,
123:17, 124:7,
134:9, 134:10,
136:20, 142:6,
142:14, 143:6,
143:24, 144:3,
144:14, 154:14,
155:22, 155:23,
157:9, 164:2,
164:11, 199:17
2011 [3] - 145:12,
174:20

2012 [17] - 42:18,


80:15, 102:13,
124:13, 131:19,
131:22, 145:16,
174:15, 174:20,
176:12, 176:13,
191:20, 191:24,
192:2, 192:6,
192:13, 192:22
2013 [14] - 1:18,
4:4, 178:7, 183:11,
183:13, 183:23,
189:3, 189:10,
190:8, 190:18,
193:5, 222:7,
224:20, 225:12
20th [1] - 80:14
21 [5] - 8:10, 8:12,
30:25, 47:5, 133:16
218 [1] - 2:22
21st [3] - 42:18,
174:15, 174:20
22-pages [2] -

56:11, 58:7
22nd [2] - 8:15
25th [2] - 124:13,

193:5
26th [4] - 191:15,
191:19, 191:20,
191:24
27th [1] - 2:4
28th [3] - 71:22,
72:6, 72:12
2924 [1] - 2:13
2:17 [13 - 69:8
2:45 [1] - 195:18
2nd [1] - 224:19

3
3 [22] - 3:7, 3:10,
56:18, 56:20, 57:7,
58:9, 61:23, 62:23,
66:13, 69:10, 69:11,
74:1, 80:13, 81:10,
82:4, 88:1, 198:13,
198:17, 204:17,
218:14, 218:16
3-1 [1] - 58:5
3-16 [2] - 69:20,
69:22
30 [1] - 3:6
30th [3] - 62:8,
70:13, 192:13
31st [1] - 192:22
33131 [2] - 1:18,
2:10
33135 [1] - 2:5
33314 [1] - 2:13

EDMEE PRATS COURT REPORTING SERVICES


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3:12 [1] - 99:13


3rd [4] - 77:16,

78:19, 207:7, 208:2

4
4 [14] - 3:7, 65:8,
6512, 65:16, 65:22,
68:16, 68:18, 76:21,
84:16, 85:5, 105:8,
157:20
4-year [1] - 66:4
40 [1] - 223:7
42 [2] - 207:9,
207:20
4200 [21- 1:17, 2:9
43 [1] - 207:20
45 [1] - 207:20
49 [13 - 3:6
4:31 [1] - 157:15
4:37 [1] - 157:21
4th [13] - 183:13,
184:14, 184:17,
185:23, 186:20,
189:2, 190:13,
190:18, 194:20,
195:5, 195:17,
201:10, 201:12

5
5 [11] - 2:20, 3:8,
68:17, 68:22, 69:1,
73:23, 81:23, 85:23,
86:23, 204:8,
204:10
5-3 [1] - 74:7
5-4 [1] - 76:15
50 [3] - 93:20,
93:21, 208:3
52 [1] - 208:10
56 [1] - 3:7
5th [3] - 204:16,
204:25, 205:6

6
6 [8] - 3:8, 79:25,
80:3, 80:15, 86:11,
86:13, 102:24
6166 [1] - 59:5
65 [1] - 3:7
68 [4] - 3:8, 204:18,

206:4, 206:6
69 [1] - 206:8
6:05 [1] - 215:22
6:20 [1] - 1:19

58 of 83 sheets

[2] - 29:18, 140:11


accommodating

[1] - 44:11
701- 220:11
7-hour [1] - 220:14
79 [1] - 3:8

8
8 [4] - 77:10, 86:11,

86:14
8053 [1] - 69:16
8078-001 [2] - 44:1
8166 [2] - 59:5,

59:6

[17] -

129:16, 131:7,
151:6, 154:21,
155:4, 155:6, 155:9,
155:14, 166:24,
172:3, 172:10,
172:14, 173:22,
174:13, 174:14,
174:19, 224:14

A
a.m [5] - 185:25,
193:12, 204:16,
207:7, 208:3
A/R [1] - 85:24
A/R' [1] - 84:17
ability [2] - 24:10,
217:8
able [io] - 7:6,
27:15, 36:3, 46:23,
57:23, 64:13,
163:11, 182:2,
188:23, 217:16
above-styled [1] -

[2] -

absolutely [4]

113:5, 182:9,
193:20, 220:23

accounting [15] -

15:10, 43:15, 47:22,


53:18, 61:12, 64:7,
64:10, 69:25,
101:21, 103:10,
104:9, 105:3,
209:15, 211:19,
214:10
Accounting [1] -

114:18
accounts [11] -

33:8, 33:18, 80:16,


80:22, 86:17, 98:23,
102:4, 103:11,
158:21, 159:12
accurate [41

19:19, 32:25, 51:8,


225:2
accusation

[3] -

10:5, 28:17, 29:23


49:19, 225:2
- 94:6
73:3, 73:10

150:18, 150:21,
150:22
accommodate [5]

28:22, 29:2, 29:9,


141:7, 175:18

accommodated

administration

[21] - 13:9, 20:13,


20:19, 20:24, 21:13,
21:16, 32:9, 32:18,
59:23, 65:4, 65:5,
122:19, 126:9,
141:20, 143:17,
160:3, 160:20,
160:24, 161:3,
161:8, 161:14
Administration [2]
- 20:17, 163:17
administrative [2]
- 19:23, 20:21
Administrative [2]

- 20:18, 161:24
administrator [11 -

45:20

[3] -

Acosta's

60:21,

[2] -

59:21, 70:6
action [4] - 63:4,
65:14, 65:25, 70:16
ad [11- 212:13
add [4] 14:4,
149:7, 149:8, 174:2
added [2] - 14:11,
149:4
addition [6] - 77:6,
146:11, 151:14,
161:13, 162:6,
162:16
-

affidavits [1] affix [1] - 57:22


affixed [1] - 224:19
afford [1] - 56:16
afield [1] - 203:24
afterwards [1] -

38:23
Agency [1] -

138:20
agent [1] - 198:22
ago [9] - 6:11,

14:7, 40:8, 53:23,


75:22, 75:23,
119:19, 121:21,
147:5
agree [6] - 35:4,
44:10, 101:3,
143:24, 151:6,
204:25
agreed

22:20, 77:1, 206:19,


208:14
advancements [i]
- 79:8
[2] -

80:17, 86:25
[2] -

108:24, 109:13
advice [3] - 40:1,
40:12, 40:13
advise [4] 40:8,
41:3, 41:8, 181:8
-

advised [2] -

41:20, 200:18
advising [1] -

200:25
affairs [2] - 36:24,

36:25
affidavit [6] -

103:1, 103:2, 103:5,


103:8, 103:12,
113:16

27:22, 30:25, 47:5,


67:17
alongside

[2]

114:4, 114:6

103:15

[2] -

206:22, 206:25
agreeing [1] -

216:6
agreement [4] 38:2, 39:9, 40:3,
65:15
ahead [6] - 23:10,
39:6, 39:16, 216:1,
216:17, 216:19
air [1] - 7:13
Alina [3] - 61:6,
61:9, 70:11
allegation [1] -

adult [1] - 88:18


advance [4]

adverse

181:18, 185:13,
201:6
access [5] - 21:24,
47:25, 48:1, 95:21,
104:14

accident [3] -

adjustments [2] -

advances

acknowledges [1]
Acosta

95:25

59 of 83 sheets

8:5, 8:9, 21:9, 61:8,


86:4, 188:13

abundance [3] -

accessible [1] -

addressing [1] -

145:21, 145:22

acknowledge [2] -

223:10

[7] -

220:25

accountant [6] -

42:12, 172:14
90 [1] - 138:5

addressed

32:16, 45:25, 46:7,


62:1, 88:3, 189:11,
1 91:24

adhere [1] - 98:2


adjourned [1] -

22:13, 28:4

9 [1] - 78:18
9/14/13 [1] - 222:10
9/30/2003 [2] -

187:6, 187:7,
187:10, 187:14,
194:2, 196:20,
196:22

199:13

account [6] -

38:18, 158:9,
158:11, 158:16,
185:4, 211:8

Affidavit [2] - 80:4,

80:14

address [7] -

according

accountancy

additional [1] -

199:5

118:1
allegations

[15] -

52:5, 88:6, 110:2,


110:25, 118:5,
118:7, 118:8,
118:10, 118:13,
118:20, 119:7,
120:1, 120:6, 121:8,
172:18
allege [1] - 110:23
alleged [4] 51:22,
118:15, 118:17,
151:24
alleges [1] - 96:3
-

alleging

[2] -

121:16, 121:22
allow [5] - 77:25,
110:7, 111:3, 112:6,
206:23
allowed [6] -

137:17, 142:9,
143:11, 143:21,
203:19, 219:24
almost [5] - 7:5,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

amount [35] -

34:15, 52:22,
127:10, 128:15,
128:22, 128:23,
128:24, 129:2,
129:10, 129:12,
129:13, 130:11,
130:21, 131:9,
131:15, 139:25,
140:4, 149:19,
154:18, 154:20,
155:9, 158:24,
159:22, 174:20,
207:3, 207:13,
209:12, 209:14,
209:23, 211:6,
211:12, 211:16,
213:21
amounts [5] 46:24, 54:7, 54:22,
58:25, 129:4
ancillary [1] 81:20
AND [1] - 1:1
Andrew [1] - 148:7
announce [1] 4:15
annual [4] - 88:9,
90:3, 90:7, 91:5
answer [39] - 6:23,
7:6, 7:18, 24:5,
24:11, 24:13, 24:14,
25:18, 27:15, 40:21,
41:17, 82:16, 83:14,
83:16, 111:20,
117:9, 119:9,
120:16, 135:11,
135:15, 166:19,
168:21, 170:21,
171:21, 175:19,
186:25, 188:11,
195:15, 195:22,
197:9, 202:6,
202:14, 202:16,
202:18, 202:23,
203:10, 203:16
answered [9] -

41:16, 131:24,
166:11, 168:8,
168:14, 179:13,
179:18, 212:11,
215:11
answering [3] -

6:22, 83:17, 195:12


answers [1] -

220:4

02/03/2013 06:30:03 PM

anticipate [1] 185:12


anticipated [1] 111:9
anyway [1] 200:23
apart [1] - 199:7
Appeal [1] - 107:16
appear [13] - 8:23,
9:10, 9:21, 18:23,
59:9, 59:15, 69:19,
70:17, 72:19, 82:25,
187:7, 192:12,
211:7
APPEARANCES
[1] - 2:1
appearances [1] 4:16
appearing [1] 203:23
applicable [1] 23:19
applied [1] 151:16
applies [1] - 180:4
apply [1] - 188:2
appreciate [1] 188:24
approach [1] 194:7
appropriate [2] 6:25, 33:21
approval [6] - 10:9,
67:12, 68:8, 208:12,
208:14, 208:15
approved [18] 11:24, 12:19, 12:22,
20:22, 22:23, 23:2,
45:17, 67:11, 82:23,
82:24, 84:14, 88:2,
165:9, 205:7,
205:19, 206:11,
206:19, 207:21
April [3] - 70:13,
155:22, 155:23
arguing [2] - 7:7,
217:2
arising [1] - 185:13
arrangement [1] 17:7
arrangements [3] 181:23, 185:18,
201:14
arrived [1] - 103:14
articulated [3] 15:2, 28:10, 38:16
aside [2] - 55:22,
79:22
aspect [1] - 97:12
assert [2] - 10:13,

02/03/2013 06:30:03 PM

179:20
asserted [1] 45:20
assertion [1] 179:13
assistance [9] 15:21, 15:23, 15:24,
76:4, 76:8, 78:25,
79:2, 86:24, 208:4
assistant [1] - 84:2
Assistant [2] 177:15, 178:1
assistants [1] 47:10
assists [1] - 36:24
associated [1] 87:16
assume [5] 13:21, 40:25,
111:19, 112:20,
193:12
AT [1] - 2:4
attached [10] 85:25, 95:24, 107:3,
177:10, 177:17,
177:18, 177:25,
178:2, 192:9,
193:21
attaching [1] - 99:1
attend [2] - 11:18,
185:7
attended [3] 11:19, 99:25, 200:4
attention [1] 31:19
attorney [97] 5:19, 6:11, 8:22,
23:6, 23:7, 23:11,
23:13, 23:16, 23:17,
24:1, 24:4, 24:10,
24:22, 25:7, 37:25,
38:5, 38:6, 40:24,
41:1, 41:5, 49:16,
73:22, 80:4, 91:25,
93:6, 93:16, 93:24,
110:8, 110:11,
115:5, 115:6,
117:25, 119:1,
119:4, 119:10,
123:18, 123:19,
123:20, 158:9,
175:8, 176:12,
176:20, 178:4,
179:9, 180:17,
180:25, 181:3,
181:4, 181:7, 181:9,
181:11, 181:19,
181:21, 181:23,
182:1, 182:3,
184:12, 185:5,

185:8, 185:9,
185:14, 185:15,
185:17, 187:18,
188:10, 188:11,
188:15, 188:16,
189:16, 194:21,
196:21, 197:2,
197:3, 197:11,
197:12, 199:22,
200:14, 200:22,
201:14, 201:19,
201:20, 201:21,
201:23, 202:1,
202:4, 202:21,
202:24, 203:1,
203:13, 204:5,
208:20, 209:3,
217:11, 223:13,
224:15, 224:16
ATTORNEY [1] 2:4
attorney's [2] 40:1, 211:23
attorney-client [15]
- 23:6, 23:11, 23:17,
24:1, 37:25, 41:5,
119:1, 119:10,
182:3, 197:11,
200:22, 202:1,
202:21, 202:24,
203:13
attorneys [17] 24:12, 24:14, 24:18,
25:2, 92:6, 101:5,
111:4, 119:14,
119:25, 121:6,
184:25, 202:11,
203:8, 205:1, 205:3,
205:21, 205:22
audible [1] - 25:16
audit [11] - 90:7,
91:2, 91:5, 92:2,
92:8, 92:17, 93:4,
93:17, 94:2, 94:6,
94:11
audited [12] 88:21, 89:2, 95:17,
95:19, 95:21, 96:5,
214:17, 214:20,
214:23, 215:1,
215:4, 215:14
auditing [1] 213:20
auditor [12] - 89:8,
89:12, 89:15, 91:4,
91:12, 93:7, 93:10,
94:6, 94:12, 94:14,
94:22, 95:2
auditor's [1] 95:22

audits [1] - 88:10


August [4] 131:14, 131:16,
132:7, 132:8
authority [8] 109:9, 141:16,
141:18, 142:21,
143:25, 144:4,
144:7, 144:9
authorize [2] 108:2, 108:7
authorized [7] 10:19, 61:5, 70:10,
107:14, 108:1,
108:3, 144:11
availability [3] 72:6, 72:7, 72:9
available [8] 72:12, 72:14, 72:17,
72:18, 72:22, 73:1,
223:11, 223:12
availed [1] - 39:9
Avenue [1] - 2:4
avoid [1] - 220:7
aware [43] - 6:8,
13:3, 13:7, 15:4,
16:24, 18:2, 18:9,
18:12, 18:20, 19:9,
19:12, 22:2, 26:15,
26:20, 31:4, 31:7,
31:9, 32:13, 32:18,
37:12, 45:21, 48:3,
52:13, 84:11, 89:18,
90:17, 98:9, 101:8,
103:10, 105:20,
114:25, 118:12,
138:23, 139:1,
142:8, 147:18,
147:22, 162:20,
163:8, 169:4,
171:16, 171:25,
172:16

B
Bachelor's [1] 114:18
background [1] 114:16
backup [5] - 43:15,
63:14, 64:1, 137:14,
171:6
backwards [2] 64:13, 190:15
bad [1] - 38:13
balance [14] - 42:6,
126:24, 149:5,
149:9, 149:10,
154:2, 154:3, 154:5,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

156:14, 159:22,
172:5, 174:14,
207:13, 211:3
balances [1] 92:10
bank [1] - 90:11
Bar [5] - 112:6,
112:12, 112:18,
112:22, 113:2
Barbara [1] - 126:7
based [4] - 99:22,
111:25, 179:11,
215:7
basis [2] - 23:6,
66:1
BC [1] - 159:13
BCLT 01- 154:10
bear [3] - 45:24,
50:1, 69:16
bearing [1] - 147:6
became [4] 27:20, 31:3, 142:8,
145:20
become [2] 118:12, 134:7
bedroom [1] 220:17
began [1] - 147:25
begin [1] - 6:23
beginning [7] 114:13, 116:19,
123:17, 134:8,
157:19, 164:2,
164:11
begins [2] - 74:22,
109:23
behalf [38] - 2:2,
2:7, 2:12, 4:21, 5:2,
15:18, 15:24, 23:18,
32:25, 37:25, 38:9,
41:5, 67:20, 91:16,
104:15, 104:18,
111:17, 115:16,
120:1, 121:6, 129:7,
129:18, 131:5,
149:17, 156:10,
181:17, 185:11,
188:3, 188:5,
192:11, 197:5,
197:6, 203:22,
205:20, 206:10,
207:23, 208:12
belief [10] - 26:5,
39:14, 66:16, 115:8,
115:11, 115:17,
116:2, 116:8,
176:17, 178:3
belong [1] - 197:17
below [1] - 225:3
benefit [2] - 46:8,

60 of 83 sheets

112:8
Bennett [2] -

14:25, 71:18
Bermudez [34] 10:12, 10:21, 12:3,
12:18, 13:5, 15:5,
16:5, 17:1, 17:5,
19:8, 31:9, 36:9,
37:15, 54:15, 55:8,
55:13, 65:24, 66:22,
74:18, 75:2, 75:8,
75:18, 76:7, 81:19,
82:2, 83:12, 84:13,
97:19, 97:20,
106:21, 184:22,
188:15, 188:16
Bermudez's [1] 185:5
bernardo [1] - 4:21
Bernardo [2] 80:4, 80:14
BERNARDO [2] 2:3, 2:5
Bernie [23] - 9:18,
30:11, 31:11, 45:12,
47:7, 67:14, 72:3,
82:10, 93:19,
104:17, 107:9,
109:14, 125:24,
185:21, 186:22,
192:17, 193:2,
195:23, 196:13,
199:19, 217:2,
218:11, 218:20
Bert [89] - 10:7,
10:9, 11:23, 12:3,
12:8, 12:11, 12:17,
13:4, 15:4, 16:4,
16:25, 17:4, 18:3,
18:5, 19:7, 19:16,
22:9, 26:10, 35:12,
36:12, 36:13, 36:15,
36:19, 36:23, 37:3,
37:14, 38:4, 40:6,
48:22, 54:19, 55:15,
55:20, 62:17, 63:7,
63:20, 70:23, 74:15,
74:17, 74:20, 74:23,
74:25, 75:5, 76:7,
76:23, 77:12, 77:21,
77:22, 78:22, 78:23,
79:18, 80:17, 81:16,
81:17, 81:23, 83:11,
84:11, 84:17, 84:18,
84:21, 85:3, 85:9,
86:18, 88:2, 115:12,
115:18, 116:4,
168:16, 168:24,
169:8, 169:11,
171:8, 171:9,

61 of 83 sheets

171:13, 184:22,
184:24, 204:18,
205:1, 205:20,
206:4, 206:11,
207:4, 207:11,
207:12, 207:23,
207:24, 208:12,
208:13, 209:12,
212:8
Bert' . [1] - 74:15
Bert's [5] - 45:24,
54:17, 54:19, 85:6,
169:5
Berts [3] - 10:19,
79:4, 86:23
best [2] - 187:2,
187:22
better [2] - 46:23,
218:7
between [8] 27:21, 30:6, 51:23,
134:1, 141:21,
162:17, 197:10,
218:21
beyond [1] 219:25
big [5] - 17:11,

17:22, 82:12, 87:9,


87:20
bigger [1] - 129:12
billed [1] - 52:6
Billie [134] - 10:7,
10:9, 10:19, 11:23,
12:2, 12:9, 12:11,
12:17, 13:4, 15:5,
16:4, 16:18, 16:21,
17:1, 17:5, 18:3,
18:6, 19:8, 27:20,
35:13, 37:14, 38:4,
38:19, 40:5, 54:17,
62:2, 62:3, 62:22,
63:20, 70:16, 78:23,
79:4, 80:18, 81:15,
83:11, 84:12, 84:21,
85:7, 85:24, 86:2,
86:18, 87:25, 88:4,
88:5, 108:7, 109:5,
115:19, 116:4,
123:13, 123:15,
143:18, 143:20,
143:25, 144:3,
169:13, 169:14,
169:18, 169:21,
170:2, 170:5,
171:18, 172:4,
174:5, 174:6,
174:21, 175:13,
176:21, 176:23,
177:21, 177:23,
184:23, 184:25,

205:2, 205:20,
206:11, 208:13,
209:22, 209:23,
210:25, 211:4,
211:11, 211:13,
212:4, 212:6
Billie's [1] - 173:22
Billie/wrongful [1]
- 63:3
bills [7] - 12:20,
16:12, 71:1, 71:4,
71:7, 71:9, 77:9
Billy [113] - 16:15,
16:25, 19:16, 22:9,
26:10, 49:24, 50:9,
50:12, 50:13, 50:14,
51:16, 51:23, 52:3,
55:15, 55:20, 77:17,
78:15, 79:12, 81:7,
81:8, 81:9, 86:23,
87:9, 87:19, 89:1,
89:5, 89:10, 89:18,
90:24, 91:20, 94:14,
95:8, 95:22, 96:4,
96:14, 97:7, 101:9,
101:24, 114:9,
115:7, 115:8, 122:5,
123:2, 123:21,
124:6, 124:15,
126:19, 129:7,
129:19, 131:5,
132:12, 132:17,
133:7, 139:2, 148:1,
148:7, 148:9,
148:12, 148:14,
148:20, 149:2,
149:17, 150:20,
150:23, 151:3,
151:7, 151:8,
151:12, 151:18,
153:9, 154:1,
154:20, 155:4,
155:10, 155:14,
155:23, 156:11,
156:14, 156:16,
156:20, 158:2,
158:5, 158:17,
158:23, 159:2,
159:5, 159:7,
159:11, 160:2,
160:13, 160:14,
160:17, 162:4,
162:10, 162:17,
162:21, 162:25,
163:5, 163:9,
164:19, 165:9,
165:23, 167:13,
167:22, 168:6,
170:12, 170:16,
171:5, 198:25,
207:23, 220:16

Billy's [6] - 50:4,


50:11, 141:1,
150:17, 213:25,
215:16
blacked [2] 206:1, 206:16
blank [1] - 79:14
blurry [3] - 128:6,
128:9, 130:6
bodies [1] - 78:24
body [5] - 10:11,

14:1, 14:8, 18:17,


108:1
book [1] - 80:22
booked [5] - 17:16,

17:23, 43:16, 88:23,


97:6
booking (4] -

19:16, 19:25, 20:10


books [8] - 17:17,
43:4, 51:14, 80:13,
80:15, 84:17, 85:23,
211:7
borrowing [1] 167:14
boss [4] - 22:16,
100:14, 133:10,
133:12
bosses [2] - 133:6,
136:9
bottom [4] - 58:1,
131:11, 154:18,
204:17
break [3] - 7:11,
211:16, 216:1
briefly [1] - 6:20
bring [10] - 26:4,
48:14, 56:7, 132:21,
182:1, 185:14,
185:17, 197:1,
197:3, 201:6
bringing [2] 39:10, 175:20
broad [1] - 63:23
broadly [1] - 97:12
broke [1] - 56:3
broken [6] 159:25, 213:10,
215:6, 215:8,
215:13
brothers [1] 122:8
brought [2] - 56:3,
137:17
Broward [1] 102:20
budget [1] - 90:4
building [7] 122:19, 122:25,
123:5, 123:8,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

126:10, 126:18,
138:20
bunch [2] - 153:25,
194:25
Business [31] 13:9, 16:21, 16:24,
18:18, 18:19, 19:22,
22:2, 22:5, 67:24,
76:1, 76:9, 76:11,
76:12, 78:10, 86:13,
88:13, 90:19, 99:16,
100:6, 101:11,
101:14, 101:22,
107:11, 107:24,
108:1, 108:3,
122:15, 148:2,
148:4, 185:16,
214:14
business [3] 94:4, 194:3, 201:25
but.. [1] - 180:14
BY [77] - 2:5, 2:6,
2:6, 2:10, 2:11,
2:14, 2:14, 2:15,
2:21, 2:22, 2:23,
5:9, 6:4, 11:16,
14:6, 25:5, 26:1,
27:8, 30:24, 42:1,
44:14, 48:19, 49:22,
52:2, 54:24, 57:6,
57:17, 58:12, 65:10,
69:9, 80:2, 80:12,
83:3, 83:9, 83:20,
90:2, 95:1, 99:14,
114:2, 114:14,
116:25, 117:12,
119:22, 121:4,
125:8, 135:16,
147:8, 152:23,
153:8, 157:22,
160:7, 166:21,
168:10, 168:15,
175:10, 176:10,
178:21, 180:15,
184:6, 190:3, 191:7,
195:24, 199:20,
200:24, 201:22,
202:3, 202:7, 203:7,
204:2, 204:14,
205:17, 206:2,
207:1, 209:2, 213:2,
215:12, 218:10
BYRON [1] 133:23
Byron [16] 122:13, 122:14,
125:18, 133:23,
133:25, 178:9,
178:10, 178:12,
178:13, 183:24,

02/03/2013 06:30:03 PM

189:11, 193:16,
196:14, 200:6,
200:7

CA [1] - 223:7
CA-40 [1] - 1:4
calculator [3] -

156:23, 157:1,
174:1
Calli [8] - 4:17,
6:10, 13:11, 24:17,
112:23, 209:3,
213:3, 219:23
CALLI [87] - 2:10,
2:21, 2:23, 4:17,
5:9, 6:4, 10:23,
11:4, 11:12, 11:16,
13:12, 13:18, 13:20,
14:6, 24:6, 24:21,
25:5, 26:1, 26:20,
27:8, 30:24, 38:11,
42:1, 44:2, 44:14,
48:19, 49:13, 49:22,
51:25, 52:2, 54:24,
56:9, 56:23, 57:6,
57:17, 58:3, 58:12,
65:10, 68:15, 68:20,
69:9, 80:2, 80:9,
80:12, 82:16, 82:19,
83:3, 83:9, 83:16,
83:20, 90:2, 95:1,
99:14, 109:17,
110:15, 111:12,
111:15, 113:1,
152:4, 153:2, 153:7,
159:15, 178:19,
179:10, 180:13,
182:7, 182:10,
183:2, 183:6,
183:16, 183:20,
203:18, 204:10,
205:23, 208:21,
208:24, 212:14,
216:7, 216:12,
216:15, 216:22,
217:1, 217:9,
217:12, 217:19,
217:25, 218:10
cannot [2] - 7:20,
162:22
capacity [5] 40:22, 161:23,
179:21, 180:18,
187:17
caption [1] 224:12
captured [1] - 98:4
card [9] - 95:23,

02/03/2013 06:30:03 PM

101:4, 151:24,
154:4, 154:16,
156:16, 156:17,
156:19, 159:13
cards [1] - 95:9
care [5] - 137:7,
187:4, 187:6,
187:14, 196:20
carefully [2] - 39:2,
105:15
CARLOS [1] - 2:14
Carlos [1] - 4:25
CARLTON [1] - 2:8
Carlton [2] - 1:16,
4:18
carry [1] - 20:19
carrying [1] 44:20
case [91] - 4:9, 9:5,
10:9, 10:12, 10:21,
12:4, 12:18, 13:5,
15:6, 16:5, 16:12,
17:1, 17:5, 19:8,
31:9, 31:21, 36:9,
39:21, 54:13, 54:15,
55:4, 55:6, 55:8,
55:9, 55:11, 63:21,
65:25, 66:22, 74:18,
75:3, 75:8, 76:7,
77:21, 81:18, 81:19,
82:2, 83:12, 84:14,
92:13, 97:19, 98:25,
108:23, 110:10,
110:24, 112:3,
114:25, 115:3,
115:9, 115:11,
115:19, 116:5,
116:11, 117:3,
117:5, 117:11,
117:13, 117:16,
117:18, 117:20,
119:15, 124:16,
124:20, 124:21,
129:10, 129:11,
129:14, 131:10,
141:15, 147:6,
150:17, 175:25,
178:7, 178:18,
178:24, 179:3,
184:22, 184:23,
187:5, 187:13,
187:17, 187:18,
188:2, 188:3, 188:9,
188:12, 188:14,
188:17, 199:6,
201:17, 218:19
CASE [2] - 1:4,
223:7
cases [6] - 7:5,
8:20, 83:23, 125:1,

125:2, 150:19
cash [1] - 137:7
cashed [2] 140:16, 140:18
casino [1] - 100:18

148:15, 148:16,
148:21, 162:3,
177:15, 178:1,
198:25

categorization [1]

27:25, 103:25,
104:2, 122:24,
123:1, 199:6

- 88:22
Caudill

[2] -

4:12,

223:18
CAUDILL [3] -

1:23, 224:8, 224:23


caution [3] 181:18, 185:14,
201:6
ced [2] - 183:14,
183:24
cell [1] - 192:16
center [1] - 60:25
central [1] - 10:5
cents [11] - 128:17,
131:2, 131:18,
151:1, 155:2,
172:13, 173:1,
173:12, 173:16,
174:17, 174:23
certain [2] 132:20, 197:7
certainly [1] - 66:7
CERTIFICATE [1] 224:1
certification [1] 203:14
certified [1] 203:15
certify [7] - 176:8,
202:9, 202:15,
202:16, 203:11,
224:10, 224:13
cetera [1] - 46:25
Chair[3] - 16:16,
16:19, 62:3
chairman [5] 62:2, 62:3, 88:4,
100:9
Chairman [43] 19:22, 20:16, 27:20,
27:24, 32:17, 46:5,
46:7, 46:19, 77:12,
77:16, 77:20, 77:22,
79:12, 84:2, 87:19,
87:24, 104:6,
104:14, 104:15,
104:18, 114:9,
115:7, 123:2,
123:13, 123:16,
123:21, 139:2,
141:2, 143:18,
143:20, 143:24,
144:9, 148:9,
148:12, 148:14,

Chairman's [6] -

challenge [1] -

187:1
challenging [1] -

29:8
change [2] - 15:15,

142:20
character [4] 15:14, 34:15, 92:21,
113:7
charge [4] - 18:21,
164:23, 165:13,
165:15
charged [3] 98:19, 105:2,
168:24
charges [6] 154:4, 154:16,
156:16, 159:14,
172:22, 174:4
charging [1] 172:17
CHARLES [1] 2:11
Chaz [1] - 4:18
check [75] - 33:11,
35:20, 35:25, 36:4,
43:9, 43:12, 43:14,
43:17, 57:9, 58:11,
58:23, 59:1, 59:12,
59:15, 60:18, 60:19,
60:21, 63:13, 63:25,
64:12, 64:16, 64:17,
69:11, 69:13, 79:14,
128:24, 129:2,
129:10, 129:11,
129:13, 130:17,
130:21, 131:5,
131:7, 131:9,
131:10, 131:15,
137:4, 137:6, 137:7,
137:11, 137:15,
137:17, 137:20,
137:22, 137:24,
138:15, 139:5,
139:8, 139:11,
139:14, 139:18,
139:19, 139:21,
139:24, 140:7,
140:13, 140:15,
140:16, 140:18,
141:5, 141:9,
141:10, 141:11,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

141:12, 141:16,
142:20, 142:22,
149:7
checked [2] 111:8, 137:13
checks [30] 28:19, 33:11, 33:12,
65:12, 65:17, 65:22,
66:4, 66:7, 66:12,
68:17, 92:21, 93:20,
101:5, 105:12,
105:18, 105:21,
106:2, 106:10,
106:11, 106:12,
106:15, 107:12,
107:15, 108:2,
108:21, 109:8,
129:4, 129:6,
136:24, 149:16
child [2] - 215:25,
216:4
children [3] 163:1, 163:4, 163:7
choose [1] 223:11
Christmas [1] -

193:3
chronological [1] -

130:16
circled [1] - 154:7
Circuit [2] - 80:5,

192:14
circuit [1] - 110:13
CIRCUIT [2] - 1:1,

1:1
circumstances

[2]

- 185:4, 218:7
civil [2] - 55:10,

97:19
claim [1] - 37:25
claiming [1] -

41:22
claims [1] - 10:4
clarify [3] - 24:23,

39:18, 212:19
classes [1] 138:12
clear [8] - 24:25,
41:24, 67:9, 88:22,
125:22, 132:11,
212:15, 216:5
cleared [1] 137:13
clearly [2] - 23:19,
139:21
client [25] - 23:6,
23:11, 23:17, 24:1,
37:25, 41:5, 41:20,
68:13, 110:21,
111:9, 111:18,

62 of 83 sheets

112:9, 112:21,
119:1, 119:10,
180:3, 180:8, 182:3,
197:11, 200:22,
202:1, 202:21,
202:24, 203:13
clients [4] - 10:4,
10:6, 10:7, 96:3
close [4] - 55:23,
126:11, 126:13,
126:16
co [3] - 10:25,
135:4, 215:24
co-counsel [2] 10:25, 215:24
co-worker [1] 135:4
coattail [1] 216:17
code 061- 12:21,
12:23, 15:8, 15:9,
33:21, 43:22, 43:23,
43:25, 50:1, 50:6,
59:14, 61:13, 69:22,
160:18, 211:21,
214:1
coded [7] - 15:10,
15:11, 15:13, 15:19,
35:20, 82:8, 97:5
codes [1] - 160:18
coding [5] - 22:7,
33:19, 33:24, 43:15,
64:5
collateral [8] 170:12, 170:15,
171:5, 171:9,
171:13, 171:22,
171:23, 172:1
colleague [1] - 5:1
collected [1] 31:12
collecting [1] 37:21
Colley [19] - 16:18,
16:21, 17:1, 27:20,
62:2, 62:3, 87:19,
87:25, 88:4, 88:5,
108:7, 108:12,
109:5, 123:13,
123:15, 143:18,
143:20, 143:25,
144:3
column [3] - 52:22,
52:25
comfortable [1] 57:3
coming [2] 142:19, 177:7
commence [1] 172:22

63 of 83 sheets

commenced [1] 23:8


commences [1] 33:24
comment [1] 53:25
comments [1] 175:23
Commission [1] 222:10
commitment [4] 79:14, 217:23,
219:13, 219:17
committees [1] 112:24
common [3] 113:6, 142:15,
142:17
communicate [3] 9:17, 19:24, 141:8
communication
[4] - 16:3, 18:7,
179:21, 197:25
communications
[9] - 23:14, 179:14,
182:18, 182:19,
202:8
community [10] 28:18, 28:23, 28:25,
29:8, 29:12, 45:19,
137:3, 138:2, 138:8,
138:13
company [7] 137:4, 137:12,
139:12, 139:19,
139:22, 139:23,
140:2
compelled [1] 74:3
compilation [1] 81:14
complain [1] 26:13
complained [1] 137:23
Complaint [1] 118:8
complete [3] 6:21, 181:25,
182:24
completed [2] 49:20, 127:4
completely [3] 179:15, 182:5
completes [1] 6:21
compliance [1] 199:3
comply [1] - 91:7
Composite [a] -

57:7, 58:5, 61:23,


69:10, 69:19, 73:23,
88:1, 184:1
composite [6] 56:11, 56:14, 57:23,
68:16, 74:4, 183:10
comprised [1] 88:17
concede [1] 41:20
conceived [1] 220:17
concern [4] - 79:4,
95:22, 111:8,
111:21
concerned [9] 55:4, 65:17, 94:14,
135:22, 135:25,
136:5, 136:8,
136:13
concerning [1] 40:10
concerns [4] 27:10, 94:11,
109:24, 111:5
conclude [1] 56:15
concluded [1] 109:3
conclusion [3] 119:24, 200:21,
206:8
condition [1] 170:10
conditions [2] 169:11, 170:7
conduct [1] 112:10
confer [1] - 48:25
confidential [1] 39:13
confidentiality [3]
- 38:1, 39:8, 40:3
confirm [1] 196:16
confirmed [1] 197:15
conflict [2] - 112:3,
113:3
confuses [1] - 44:6
connected [1] 224:16
connection [1] 106:20
consent [1] - 39:15
consequence [1] 179:24
consider [3] 30:11, 76:5, 175:24
consisting [1] -

56:11
consists [2] 73:23, 100:7
conspired [1] 96:3
constantly [2] 198:5, 198:6
consult [2] 110:20, 110:21
consulting [1] 103:18
contact [3] - 22:8,
87:16, 185:18
contacted [1] 194:5
contain [3] - 69:22,
82:20, 99:3
contends [1] 79:12
continue [1] 110:22
continued [7] 144:13, 144:18,
144:20, 144:24,
145:3, 145:12,
145:16
continues [1] 10:13
continuing [1] 44:5
continuously [1] 166:14
contrary [1] - 8:22
control [3] - 51:2,
51:5, 141:10
controller [2] 100:18, 100:20
convenient [1] 195:21
conversation [3] 67:4, 67:5, 119:3
conversations [3]
- 119:20, 181:7,
182:3
convictions [1] 38:21
cook [1] - 51:14
cooked [1] - 43:4
coordinate [2] 90:3, 90:6
Coordinator [3] 20:18, 161:25,
163:17
copied [9] - 186:5,
186:7, 186:8,
186:13, 189:11,
192:1, 193:15,
193:16
copies [12] - 56:1,
63:13, 71:12, 125:9,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

214:18, 218:17,
218:18, 219:4,
219:6, 219:8
copy [20] - 5:19,
39:5, 49:16, 64:16,
68:22, 76:18, 124:6,
172:7, 176:19,
186:9, 186:11,
186:13, 189:9,
192:4, 192:10,
194:1, 194:12,
196:23, 196:25,
204:8
corner [4] - 58:4,
59:4, 69:17, 74:2
correct [96] - 9:5,
14:10, 24:20, 32:21,
33:25, 35:9, 54:8,
55:12, 55:14, 59:7,
60:20, 61:1, 63:24,
64:14, 65:21, 81:17,
81:18, 92:18, 92:19,
93:12, 93:18, 96:21,
100:19, 101:23,
104:19, 121:9,
121:24, 122:2,
123:22, 123:25,
124:1, 129:9,
131:20, 131:21,
132:14, 133:15,
136:21, 136:22,
137:25, 138:3,
139:6, 139:9,
139:19, 140:3,
140:5, 143:9,
143:18, 143:19,
143:21, 143:22,
144:12, 144:14,
144:16, 144:17,
144:19, 145:1,
145:11, 145:13,
145:17, 146:15,
146:18, 147:17,
148:10, 148:12,
148:14, 150:1,
151:11, 166:24,
166:25, 167:6,
172:2, 172:13,
172:15, 172:23,
172:24, 173:2,
173:3, 173:5, 173:6,
173:9, 173:13,
173:17, 173:20,
174:12, 174:23,
191:9, 193:12,
195:3, 200:8,
204:20, 204:22,
206:17, 209:5,
212:22, 213:6,
219:6
correction [1] -

02/03/2013 06:30:03 PM

65:20
corrections [1] 225:3
correctly [2] 17:23, 196:17
correspond [1] 36:5
corresponds [2] 58:23, 59:11
costs [1] - 199:5
Council [73] 10:10, 10:18, 11:18,
11:22, 11:23, 12:19,
13:9, 13:15, 13:25,
14:8, 16:22, 16:24,
18:17, 18:18, 18:20,
19:22, 22:2, 22:4,
22:5, 67:24, 74:10,
75:1, 75:7, 76:1,
76:3, 76:4, 76:9,
76:11, 76:13, 76:14,
76:25, 77:25, 78:10,
84:12, 84:14, 86:13,
86:14, 86:18, 88:13,
88:15, 88:17, 90:15,
90:19, 99:16, 100:6,
101:11, 101:14,
101:22, 107:11,
107:24, 108:1,
108:3, 122:15,
148:2, 148:4,
185:16, 204:7,
205:19, 206:11,
207:21, 207:22,
208:1, 208:2,
214:15
councilman [1] 206:20
councilman's [1] 208:15
councilmen [2] 77:5, 144:12
counsel [20] 4:15, 10:25, 13:16,
13:22, 14:5, 14:11,
14:15, 14:18, 14:20,
14:24, 25:4, 31:4,
39:19, 104:13,
110:16, 175:20,
201:1, 215:24,
224:15, 224:16
COUNSEL [1] 104:13
Counsel [2] 190:23, 219:10
count [1] - 56:24
counter [2] - 1:11,
1:14
counterDefendant [1] - 1:14

02/03/2013 06:30:03 PM

counter-Plaintiff
[1] - 1:11
County [1] 110:14
COUNTY [2] - 1:2,
224:5
couple (4] - 6:18,
71:24, 156:17,
198:9
courage [1] - 38:21
course [8] - 33:12,
38:6, 97:8, 100:22,
104:5, 137:19,
198:20, 214:22
court [7] - 4:12,
6:23, 11:12, 73:24,
110:12, 110:13,
179:5
COURT [2] - 1:1,
224:23
Court [25] - 1:23,
10:6, 19:5, 38:22,
39:10, 67:21, 74:3,
80:5, 82:13, 83:5,
93:22, 93:24,
107:15, 179:25,
185:1, 185:2, 199:2,
199:4, 202:17,
203:15, 223:11,
223:18, 224:8
covered [1] - 6:19
covers [1] - 123:11
create [7] - 34:3,
43:6, 65:5, 102:15,
147:25, 151:18,
160:17
created [17] 35:19, 50:16, 50:18,
50:20, 50:22, 50:24,
58:21, 63:12, 64:21,
64:25, 99:4, 126:23,
127:2, 132:3,
148:20, 148:24,
180:1
creating [2] 98:12, 103:2
creation [1] - 33:16
credit [16] - 52:24,
53:4, 53:12, 53:13,
53:14, 95:9, 95:23,
101:4, 151:24,
154:4, 154:16,
156:15, 156:16,
156:17, 156:19,
159:13
credits [3] - 154:4,
154:13, 211:24
criminal [4] - 24:6,
55:10, 81:19,
110:16

critically [1] - 7:20


CROSS [2] - 2:21,
114:1
cry [1] - 120:20
current [4] - 62:3,
202:4, 202:25,
203:8
custodian [3] 185:6, 188:20,
197:15
custody [3] 47:22, 47:25,
188:19
cut [8] - 33:11,
36:1, 66:7, 146:14,
147:9, 147:13,
160:22, 216:16
cuts [6] - 146:9,
146:17, 146:21,
147:4, 147:19,
147:23
cutting [1] - 220:5
Cypress [124] 16:15, 50:13, 50:14,
51:16, 51:23, 52:4,
77:13, 77:17, 77:20,
77:22, 78:15, 79:12,
81:7, 87:9, 87:19,
89:1, 89:5, 89:10,
89:18, 90:24, 91:20,
94:15, 96:14, 96:15,
101:9, 107:21,
108:5, 114:9, 115:7,
115:9, 122:1, 122:5,
122:10, 123:2,
123:21, 124:6,
124:15, 125:13,
125:17, 125:23,
126:1, 126:3,
126:19, 129:7,
129:19, 131:5,
132:12, 132:17,
133:7, 138:16,
138:19, 138:23,
139:1, 139:3, 139:5,
139:9, 139:13,
139:18, 140:6,
142:18, 148:1,
148:9, 148:12,
148:14, 148:20,
149:17, 150:20,
150:23, 151:7,
151:8, 151:13,
151:19, 153:10,
154:1, 154:20,
155:4, 155:10,
155:14, 155:24,
156:11, 156:20,
158:2, 158:5,
158:17, 158:23,

159:2, 160:17,
161:18, 161:20,
162:4, 162:6, 162:7,
162:11, 162:13,
162:17, 162:18,
162:20, 162:21,
162:25, 163:5,
163:9, 163:16,
163:22, 165:9,
165:23, 167:14,
167:22, 168:6,
170:12, 170:16,
171:5, 181:20,
181:22, 185:3,
185:15, 185:18,
198:25, 201:5,
201:13
Cypress' [3] 122:16, 126:2,
126:6
Cypress's [8] 49:24, 95:9, 95:22,
96:4, 101:24,
162:10, 164:19,
220:16

D
D.C.A [1] - 108:4
Dade [4] - 80:5,
102:19, 102:21,
110:13
DADE [2] - 1:2,
224:5
Dalai [5] - 133:22,
134:2, 134:7,
136:10, 145:7
DALAL [1] - 133:22
dark [1] - 89:13
data [1] - 87:11
date [42] - 59:17,
62:6, 62:7, 71:16,
71:21, 72:15, 74:7,
74:9, 77:15, 99:3,
103:1, 128:2, 128:3,
128:4, 130:3, 130:8,
131:12, 132:2,
132:4, 132:22,
134:9, 148:25,
164:25, 165:1,
166:13, 167:1,
168:17, 168:20,
169:14, 169:17,
176:16, 178:8,
178:11, 178:14,
189:1, 191:18,
193:18, 195:4,
195:21, 200:25,
206:12, 207:20
dated [7] - 70:13,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

80:14, 183:11,
183:22, 184:8,
190:8, 225:11
dates [3] - 128:2,
150:3, 154:3
daughter [2] 54:17, 77:22
Davie [2] - 2:13,
2:13
daycare [1] - 216:1
days [5] - 9:7, 9:9,
53:23, 179:1,
223:12
deal [1] - 7:9
Dear [1] - 223:8
death [16] - 10:8,
10:12, 10:21, 12:4,
12:18, 13:5, 55:10,
63:3, 63:21, 70:16,
74:18, 75:3, 75:8,
81:20, 84:14, 97:19
debits [2] - 154:4,
211:22
debt rll - 151:24
December [3] 80:14, 192:22,
206:24
decide [3] 185:17, 188:18,
192:14
deciding [1] 117:2
decision [3] - 38:8,
76:3, 199:9
declining [1] 41:19
deducted [1] - 78:3
deduction [5] 78:1, 207:14, 208:6,
208:16, 208:17
deductions [7] 42:19, 42:25, 43:16,
44:19, 84:18,
206:24, 211:24
Defendant [2] 1:14, 2:7
defendant [1] 188:9
Defendant's [2] 3:8, 68:25
Defendants [2] 1:9, 5:6
defending [1] 6:11
defense [2] 10:12, 75:2
deficiency [1] 26:16
definitely [1] 40:12

64 of 83 sheets

Degree [3] 114:18, 114:19,


114:20
department [30] 28:21, 32:20, 47:10,
47:24, 51:3, 51:6,
64:25, 67:17, 71:2,
71:9, 71:17, 85:20,
103:21, 103:22,
104:1, 104:7, 104:9,
105:2, 105:4,
105:25, 106:8,
122:21, 125:25,
136:2, 145:21,
146:20, 147:16,
147:20, 197:20,
199:15
departments [1] 32:23
Deponent [1] 2:12
DEPONENTS [1] 222:1
deposed [1] 216:6
deposing [2] 187:19, 197:19
deposit [2] - 154:1,
154:2
DEPOSITION [1] -

1:22
deposition [47] 4:7, 5:17, 6:6, 6:16,
7:16, 9:4, 9:8, 9:10,
9:12, 9:15, 38:7,
38:25, 39:20, 41:7,
47:8, 49:15, 56:1,
56:15, 66:6, 71:21,
72:1, 72:19, 75:6,
75:11, 75:13, 86:6,
110:13, 117:15,
147:3, 176:1,
184:21, 185:5,
185:8, 187:18,
192:12, 192:15,
196:15, 197:14,
197:20, 219:18,
219:21, 220:8,
220:11, 220:14,
220:24, 223:10,
224:10
Deposition [2] 1:25, 4:14
depositions [2] 44:3, 218:20
describe [5] 18:13, 36:10, 56:25,
114:15, 153:24
described [10] 29:17, 36:8, 37:8,

65 of 83 sheets

69:11, 133:17,
143:5, 150:20,
186:3, 194:9, 196:2
describing [4] 21:25, 29:21, 32:22,
33:16
description [1] 34:15
Description [1] 3:5
descriptive [1] 34:14
designated [2] 48:4, 48:7
designed [2] 46:23, 47:1
destroy [1] - 66:19
detail [1] - 42:13
detailing [1] - 92:8
details [6] - 42:9,
117:17, 117:19,
136:23, 210:7
determination [2] 116:9, 116:23
determine [2] 48:11, 130:18
determined [2] 119:17, 142:24
Dexter [3] - 50:24,
51:5, 89:11
Diaz [6] - 44:15,
44:21, 172:11,
172:15, 172:17
Diaz's [1] - 44:20
Didi [1] - 126:7
different [16] - 7:8,
32:6, 38:12, 55:15,
61:12, 61:15, 75:18,
77:7, 79:20, 138:12,
142:8, 143:8,
158:25, 189:18,
196:18, 199:7
differently [1] -

138:9
direct [2] - 22:8,

112:1
DIRECT [2] - 2:20,

5:8
directed [2] 177:15, 199:10
direction [2] 50:22, 50:24
directly [5] - 17:10,
95:2, 108:24, 176:5,
177:25
Director [2] 20:16, 145:20
director [11] - 13:8,
18:11, 18:14, 18:16,
20:15, 30:10, 32:8,

32:12, 32:14,
100:15, 136:4
directs [2] 202:17, 203:15
discharge [1] -

28:3
disclaim

[1]

23:11
disclose

[3] -

68:8,

94:11, 95:20
disclosed [3] 88:15, 185:1, 185:2
discovery [3] 47:13, 108:23,
125:5
discuss [8] - 18:5,
36:11, 48:10, 66:24,
99:17, 119:5,
220:16
discussed [8] 5:19, 56:5, 87:2,
101:4, 101:17,
102:25, 196:16,
197:10
discussing [1] 79:5
discussion [12] 17:6, 22:11, 22:14,
49:5, 57:12, 69:4,
95:8, 95:11, 99:8,
101:24, 157:16,
215:18
discussions [2] 17:3, 23:7
disgruntled [1] 8:23
dishonest [1] 83:6
disproving [1] 66:21
dispute [5] - 27:20,
28:9, 194:16,
217:10, 218:1
disputes [1] - 29:7
distinct [1] - 69:13
distinction [1] 13:14
distinguish [1] 92:20
distribution [6] 37:22, 77:6, 78:3,
78:6, 87:1, 206:24
distributions [4] 31:13, 55:20, 78:1,
208:17
District [1] 107:15
DIVISION [1] - 1:3
document [86] 30:21, 38:15, 47:18,

49:10, 50:16, 51:8,


53:19, 54:4, 54:22,
56:19, 60:14, 65:7,
68:24, 79:24, 85:6,
85:21, 92:20, 98:24,
124:25, 126:4,
126:22, 126:24,
127:2, 127:5, 127:7,
127:9, 127:10,
127:13, 127:17,
127:21, 127:25,
128:5, 129:17,
132:3, 132:5, 132:9,
148:3, 152:16,
152:24, 153:1,
153:20, 154:8,
154:21, 167:8,
167:15, 167:17,
167:19, 167:21,
167:25, 168:2,
168:5, 168:11,
168:19, 169:1,
169:7, 169:10,
169:16, 169:23,
170:4, 170:9,
170:18, 170:25,
171:1, 171:2, 171:5,
171:11, 174:12,
174:14, 174:19,
179:5, 182:4, 184:3,
198:16, 210:17,
210:20, 210:21,
213:4, 213:7, 213:8,
213:9, 213:15,
213:19, 213:21,
214:3, 214:8, 214:9
documentation [6]

- 27:12, 48:20,
66:12, 137:14,
172:1
documented [1] -

194:15
documenting [1] -

196:9
documents [32] 5:18, 47:12, 48:14,
48:16, 53:16, 56:4,
61:13, 63:13, 74:2,
79:4, 82:7, 86:16,
91:3, 103:21,
103:24, 104:7,
124:22, 124:23,
125:3, 125:4,
125:10, 125:14,
125:18, 125:24,
170:15, 171:16,
175:7, 176:24,
177:1, 198:12,
218:15, 219:4
dollars [14] -

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

44:17, 128:16,
129:8, 130:12,
131:2, 131:17,
150:25, 172:12,
173:1, 173:15,
174:16, 214:5,
214:6
Don [1] - 4:13
done [28] - 17:19,
29:10, 39:2, 39:4,
47:2, 49:18, 49:21,
56:23, 78:20, 80:7,
108:22, 112:13,
132:18, 132:19,
137:18, 140:22,
149:1, 180:11,
207:15
doors [1] - 126:15
doubt [1] - 45:6
down [18] - 6:24,
6:25, 7:21, 15:1,
44:20, 52:23, 53:2,
126:15, 159:25,
180:7, 207:12,
211:16, 213:10,
215:6, 215:8,
215:13, 216:16
drastically [3] 145:24, 146:4,
146:6
driver [2] 216:3,
216:11
duces [1] - 5:22
due [8] - 37:22,
54:7, 54:22, 110:1,
111:24, 113:9,
207:13, 217:13
duly [2] - 5:7,
224:13
during [16] - 36:1,
94:6, 114:17,
133:16, 144:14,
148:23, 150:20,
158:8, 161:12,
163:14, 163:21,
164:14, 176:1,
181:1, 219:20
duties [3] - 20:19,
60:6, 60:8
duty [2] - 161:6,
161:7

E
E-mail [m] - 41:3,
41:9, 41:10, 72:3,
72:7, 72:8, 72:12,
72:21, 105:1, 125:9,
125:13, 125:17,
125:23, 126:1,

02/03/2013 06:30:03 PM

126:2, 175:6,
175:11, 176:18,
177:14, 179:8,
181:8, 181:13,
182:19, 183:22,
184:7, 184:8, 184:9,
184:16, 184:19,
185:22, 186:5,
186:6, 186:9,
186:10, 186:14,
186:16, 186:17,
186:19, 188:22,
189:1, 189:6, 189:9,
189:10, 189:15,
190:11, 190:16,
190:18, 190:21,
191:8, 191:10,
191:12, 191:14,
191:17, 191:22,
192:1, 192:6,
192:19, 192:24,
193:10, 193:15,
193:17, 193:18,
193:21, 194:3,
194:10, 194:18,
194:19, 194:23,
194:24, 195:4,
195:8, 195:11,
196:6, 196:8, 196:9,
197:25, 198:3,
198:10, 199:21,
199:23, 200:25,
201:12, 208:22,
208:25
E-mailed [2] 193:22, 196:24
E-mails F] - 103:7,
183:11, 192:4,
198:5, 198:6, 198:8,
200:19
earliest [3] 191:12, 191:14,
191:18
early [1] - 175:17
eat [1] - 7:14
Edmee [1] - 223:11
educational [1] 114:15
effect [5] - 27:13,
41:11, 103:7, 137:8,
199:11
effort [2] - 48:11,
96:17
eight [12] - 131:6,
154:24, 155:3,
155:12, 156:1,
156:24, 157:4,
157:5, 173:15,
174:15, 174:22,
214:5

02/03/2013 06:30:03 PM

eighty [5] - 128:16,


131:2, 149:13,
149:20, 150:24
eighty-three [4] 131:2, 149:13,
149:20, 150:24
eighty-two [1] 128:16
either [14] - 24:1,
29:12, 32:8, 33:14,
53:13, 76:8, 76:11,
78:9, 130:9, 144:11,
198:1, 203:4,
208:22, 208:25
elected [1] 123:13
electronically [1] 6:1
eleven [9] 154:24, 155:2,
155:12, 156:1,
156:24, 157:3,
157:5, 172:12,
193:11
eligible [1] - 79:10
employed [4] 102:17, 114:8,
158:6, 161:20
employee [12] 8:23, 45:19, 66:8,
162:16, 179:22,
187:20, 187:21,
187:23, 187:25,
196:21, 197:12,
224:15
employees [11] 145:23, 146:3,
146:5, 146:6, 146:9,
146:21, 147:14,
147:20, 162:12,
181:10, 188:5
employment [1] 114:16
encompasses [2] 166:17, 166:18
end [7] - 27:23,
55:24, 61:15, 96:23,
98:4, 123:14,
148:15
ended [1] - 109:12
ending [2] - 154:2,
154:5
ends [1] - 150:9
engaged [4] 29:23, 37:19, 51:22,
52:4
English [2] 36:17, 36:21
entail [1] - 157:8
enterprises

[2] -

100:16, 101:14
entire [4] - 88:17,
146:25, 161:9,
166:17
entitled [2] - 84:17,
85:24
entries [8] - 36:4,
90:9, 149:4, 157:24,
158:5, 166:23,
211:21
entry [14] - 127:12,
127:21, 127:25,
128:19, 129:22,
132:19, 158:16,
158:22, 159:3,
167:3, 167:6, 167:7,
172:25, 211:11
enures Eli - 112:8
ERRATA [1] 225:1
especially [2] 113:16, 176:1
ESQUIRE [8] - 2:5,
2:6, 2:6, 2:10, 2:11,
2:14, 2:14, 2:15
Esquire [2] - 4:13,
80:19
estimate [1] 37:18
et [1] - 46:24
ethics [1] - 113:7
eulogy [1] - 180:14
evaluations [1] 27:18
Evelyn [13] 161:17, 161:20,
162:6, 162:7,
162:10, 162:13,
162:17, 162:20,
162:25, 163:5,
163:9, 163:16,
163:22
eventuates [1] 217:21
ex [2] - 77:5,
206:20
ex-councilman [1]

- 206:20
ex-councilmen [1]

- 77:5
exact [5] - 32:15,
121:16, 130:8,
134:9, 136:23
exactly [17] - 7:3,
66:5, 75:22, 78:11,
120:5, 120:25,
121:24, 134:5,
144:6, 158:19,
177:22, 194:13,
201:2, 204:21,

205:11, 211:19,
215:5
EXAMINATION [6]

- 2:20, 2:21, 2:22,


5:8, 114:1, 218:9
example [2] 69:12, 214:4
Excel [1] - 159:19
except [2] 213:25, 225:2
exception [2] 24:7, 113:4
excessive [1] 95:11
exchange [1] 195:8
exchanges [1] 195:11
excuse [2] - 13:11,
208:16
executive [1] 45:19
Exhibit [85] - 3:6,
3:6, 3:7, 3:7, 3:8,
3:8, 3:9, 3:10,
30:22, 38:25, 42:3,
49:11, 49:15, 50:16,
52:21, 53:25, 54:23,
54:25, 56:18, 56:20,
57:7, 58:9, 61:23,
65:8, 65:12, 65:16,
65:22, 66:13, 68:22,
68:25, 69:10, 69:11,
69:20, 73:23, 74:1,
79:25, 80:3, 80:15,
81:4, 81:5, 81:6,
81:10, 81:14, 81:23,
82:4, 83:21, 84:24,
85:25, 86:3, 86:6,
86:23, 88:1, 96:13,
102:24, 105:8,
123:22, 126:20,
148:20, 151:15,
152:2, 152:4,
152:13, 152:15,
152:17, 152:21,
157:25, 159:4,
159:19, 166:25,
172:4, 172:21,
173:22, 174:21,
183:4, 183:7, 184:1,
198:13, 198:17,
204:8, 204:10,
212:20, 218:14,
218:16
exhibit [18] 56:11, 56:14, 56:22,
57:23, 64:19, 66:5,
68:12, 68:16, 73:25,
81:3, 123:19,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

123:20, 126:19,
159:16, 159:17,
191:13, 191:14,
212:22
exhibits [2] 183:1, 218:13
Exhibits [2] - 3:9,
184:4
exist [6] - 21:16,
21:19, 52:7, 66:13,
66:16, 66:17
exists [2] - 168:2,
171:16
expect [1] - 197:15
expedite [1] 57:24
expenditure [2] 99:23, 101:11
expenditures [10] 88:22, 88:25, 89:1,
90:18, 90:24, 95:9,
96:4, 101:8, 101:25
expense [11] 15:11, 15:13, 15:16,
15:19, 19:25, 35:20,
36:6, 43:12, 43:20,
43:25, 60:12
expenses [5] 37:20, 80:19, 83:22,
154:16, 206:21
experience [4] 60:13, 64:9, 99:22,
215:7
Expires [1] 222:10
explain [8] - 54:10,
86:8, 154:8, 188:10,
193:19, 197:14,
209:14, 211:19
explained [77] 81:15, 137:15,
141:6, 156:6,
196:19, 210:3,
212:5
explanation [3] 138:1, 187:15,
194:10
explore [1] 113:10
expressed [1] 27:10
extent [1] - 179:19
extra [1] - 174:11
extraordinary [1] 220:20

F
fact [ii] - 17:25,

66 of 83 sheets

10

46:18, 51:12, 75:6,


79:12, 110:1, 121:7,
141:9, 175:24,
175:25, 176:6
facts [2] - 103:12,
103:14
fair [13] - 44:11,
129:16, 145:9,
147:18, 148:18,
158:4, 163:8,
164:13, 164:16,
170:24, 171:20,
174:3, 174:13
faith [1] - 38:13
fake [7] - 44:23,
44:25, 46:11, 52:6,
96:22, 97:3, 97:10
falls [1] - 188:6
false [4] - 10:13,
20:11, 42:25, 43:6
family [6] - 29:22,
37:15, 85:11,
188:16, 210:8,
211:2
family's [1] 188:15
far [5] - 52:22,
52:25, 55:4, 88:18,
98:15, 108:21,
112:1, 203:24
fashion [2] - 18:24,
19:1
favor [2] - 28:1,
218:2
February [6] 1:18, 4:4, 77:16,
130:9, 207:7,
224:19
federal [4] - 39:10,
39:19, 39:21,
110:12
fee m - 20:1,
20:10, 33:20, 35:22,
36:5, 172:4, 214:13
fees [72] - 10:12,
10:20, 12:3, 12:17,
12:21, 12:24, 13:4,
15:5, 16:5, 16:25,
17:5, 19:2, 22:7,
31:12, 37:15, 37:20,
42:7, 43:23, 48:21,
49:24, 50:4, 50:6,
50:8, 50:10, 59:14,
63:20, 69:25, 71:5,
75:2, 75:8, 76:24,
77:23, 78:25, 80:18,
81:24, 82:18, 83:11,
84:13, 84:19, 85:25,
86:19, 90:24, 93:14,
97:6, 97:19, 117:22,

67 of 83 sheets

150:12, 150:14,
150:17, 172:18,
173:22, 185:19,
205:12, 205:20,
206:10, 207:22,
208:5, 208:12,
208:13, 209:22,
209:24, 210:3,
210:4, 211:6,
211:10, 211:23,
211:25, 213:5,
213:9, 213:23,
214:11, 215:3
feet [2] - 79:3
few [5] - 6:10,
179:1, 186:24,
196:16, 218:3
FIELDS [1] - 2:8
Fields [2] - 1:16,
4:18
fifteen [2] - 174:16,
174:22
fifty [8] - 16:9,
130:22, 131:6,
172:11, 172:12,
173:1, 173:12,
185:25
fifty-five [1] 185:25
fifty-one [3] 130:22, 131:6,
173:1
fifty-seven [1] 172:12
fifty-six [1] 172:11
fifty-three rij 173:12
figure [1] - 96:12
file [1] - 26:21
filed [14] 1:25,
6:12, 19:5, 65:13,
65:25, 80:4, 88:5,
107:4, 172:17,
180:22, 180:24,
192:11, 193:5,
203:22
files [1] - 99:1
filing [5] - 184:20,
187:16, 193:4,
194:7, 221:1
fill [1] - 30:10
final [1] - 76:3
finance [31] - 13:8,
18:11, 18:14, 18:16,
28:21, 30:9, 32:8,
32:11, 32:14, 99:24,
99:25, 100:15,
101:21, 103:11,
103:21, 103:22,
-

103:25, 104:7,
104:10, 105:3,
122:18, 122:21,
136:2, 137:23,
145:20, 146:20,
147:16, 147:20,
197:20, 199:15,
199:16
Finance [1] 145:20
finances [1] 95:22
financial [21] 18:21, 18:22, 18:23,
21:5, 47:22, 80:23,
87:11, 89:16, 90:14,
97:12, 99:17,
108:15, 209:20,
212:3, 214:17,
214:20, 214:23,
215:1, 215:4, 215:6,
215:14
financially [1] 224:17
financials [5] 88:21, 89:2, 95:17,
96:5, 96:16
fine [6] - 24:5,
24:15, 68:23, 183:5,
213:17, 219:19
finish [7] - 40:16,
40:18, 69:10, 166:9,
216:19, 216:24,
217:16
fire [2] - 71:16,
144:5
fired [39] - 8:14,
8:15, 8:16, 8:18,
9:7, 21:22, 22:20,
27:11, 48:3, 71:25,
72:8, 72:13, 73:20,
134:9, 134:10,
134:12, 134:15,
134:17, 134:18,
134:20, 134:24,
134:25, 135:5,
135:13, 135:17,
135:18, 135:20,
135:22, 135:23,
136:4, 136:6, 136:9,
136:11, 144:16,
144:20, 144:23,
145:3
Firm [8] - 4:20,
12:6, 24:20, 25:1,
38:6, 40:2, 43:10,
65:23
firm [3] - 6:12,
36:2, 46:18
first [42] - 5:7,

11:17, 25:11, 34:11,


44:22, 52:21, 53:6,
78:18, 111:7, 120:6,
126:22, 127:12,
127:21, 127:24,
127:25, 128:4,
130:13, 130:14,
130:15, 130:19,
132:12, 134:18,
148:2, 151:17,
154:10, 157:7,
166:23, 167:1,
167:2, 167:3,
180:22, 186:6,
187:4, 190:6, 190:7,
190:11, 191:8,
191:10, 191:17,
194:4, 206:18
fiscal [2] - 42:16,
157:9
five [29] - 36:2,
52:14, 100:7,
131:17, 154:24,
154:25, 155:6,
155:7, 155:12,
155:25, 156:24,
156:25, 157:3,
157:4, 173:1, 173:7,
173:14, 185:25,
207:12, 216:8,
220:4
five-year [1] - 36:2
fives [1] - 150:9
flag [1] - 97:13
flanking [1] - 47:8
floor [15] - 122:18,
122:21, 122:22,
122:25, 123:2,
123:7, 126:9,
126:12, 126:18,
138:20, 162:1,
162:2, 164:6, 164:8,
164:12
FLORIDA [5] - 1:2,
1:5, 1:14, 224:3,
224:24
Florida [10] - 1:18,
1:24, 2:5, 2:10,
2:13, 4:6, 4:10,
112:22, 223:19,
224:9
folks [1] - 20:20
follow [3] - 196:6,
213:3, 216:21
follow-up [1] 213:3
following [9] 11:8, 27:4, 49:6,
57:13, 69:5, 99:9,
157:17, 175:4,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

215:19
follows [1] - 5:7
FOR [1] - 1:1

force [1] - 199:3


form [9] - 13:17,
21:2, 63:14, 65:25,
74:3, 98:4, 116:10,
178:19, 214:17
former [13] - 10:6,
27:24, 27:25, 114:9,
115:7, 123:21,
139:2, 162:3,
162:20, 180:8,
184:25, 198:24,
199:6
forth [2] - 103:12,
218:21
forty [6] - 155:7,
172:25, 173:1,
173:4, 173:8, 189:7
forty-five [1] 173:1
forty-four [1] 189:7
forty-nine [1] 173:8
forty-one [1] 155:7
forty-six [1] 173:4
forward [7] 24:16, 81:25,
110:17, 112:7,
113:11, 121:23
forwarded [1] 223:13
four [1o] - 36:1,
52:14, 157:5,
172:25, 173:11,
173:18, 173:19,
183:10, 189:7,
207:12
fourteen [1] 173:16
fourth [5] - 122:25,
162:2, 164:6, 164:8,
164:12
fraud [13] - 17:11,
17:15, 19:17, 20:1,
20:5, 24:7, 29:24,
51:10, 82:12, 87:20,
87:22, 96:20, 97:11
fraudulent [3] 42:25, 52:11, 96:18
free [3] - 7:10,
68:18, 89:15
fresh [1] - 7:13
Friday [i] - 4:3
friend [3] - 30:4,
109:14, 112:17

02/03/2013 06:30:03 PM

11

friends [1] - 8:24


frivolous [i] 38:13
front [9] - 127:18,
129:17, 148:19,
190:12, 190:20,
191:17, 204:9,
204:11, 215:5
Fuentes [2] - 61:6,
70:11
full [4] - 5:10,
74:13, 111:19,
112:20
fully [1] - 111:8
function [s] 18:14, 22:13, 28:4,
28:10, 28:11, 61:12,
64:7, 93:4
fund [1] - 207:3
Furnas [2] - 180:6,
198:22
furnas [1] - 198:11

G
G-o-l-d-e-n-b-e-rg [1] - 5:15
game [1] - 82:10
Gaming [1] 138:20
gaming [1] - 82:10
gather [1] - 47:18
gathering [1] 105:5
general [20] 13:16, 13:21, 14:18,
22:13, 31:4, 80:16,
80:23, 81:11, 86:17,
104:13, 153:14,
153:18, 209:15,
211:7, 211:19,
212:25, 214:12,
214:14, 214:16,
214:19
GENERAL [1] - 1:3
General [39] 10:10, 10:18, 11:18,
11:22, 12:19, 13:9,
13:14, 13:24, 14:7,
18:17, 22:4, 67:24,
74:10, 74:25, 75:7,
76:2, 76:4, 76:9,
76:11, 76:13, 76:14,
76:25, 77:25, 78:9,
78:10, 84:12, 84:14,
86:14, 86:18, 88:15,
88:17, 204:6,
205:19, 206:11,
207:21, 207:22,

02/03/2013 06:30:03 PM

208:1
generally [8] 30:5, 31:1, 91:2,
94:3, 100:5, 102:19,
108:17
genuine [2] 109:24, 111:5
gift [i] - 15:17
given [20] - 6:16,
7:5, 8:17, 12:20,
31:25, 32:5, 32:19,
40:11, 40:12, 68:5,
75:9, 89:4, 91:20,
137:20, 141:10,
167:8, 167:12,
167:15, 207:14,
209:21
GL [4] - 153:12,
153:13, 154:9,
158:18
God [2] - 120:20,
121:12
Goldenberg [18] 4:8, 5:3, 5:10, 5:12,
23:18, 25:4, 38:2,
39:24, 40:20, 41:4,
99:15, 109:19,
111:18, 114:3,
121:5, 167:13,
180:16, 223:4
GOLDENBERG [6]
- 1:22, 2:20, 5:5,
222:3, 223:8,
224:11
Goldenberg's [7] 23:13, 23:18, 24:4,
24:22, 25:2, 110:8,
111:3
golf [1] - 100:22
governing [1] 78:24
grant [1] - 37:14
granted [2] 31:10, 71:9
grievance [1] 112:23
grounds [4] 147:7, 184:20,
187:16, 203:12
GROUP [1] - 2:12
Group [1] - 5:1
guess [11] - 8:1,
83:2, 118:14,
130:19, 130:20,
131:14, 137:20,
144:2, 144:6,
181:21, 200:1
gun [1] - 97:14
Guy [19] - 4:10,
4:19, 6:11, 80:19,

82:20, 84:19, 86:1,


86:20, 87:5, 87:10,
87:15, 89:12, 101:9,
172:16, 184:25,
185:2, 205:7, 205:8,
205:21
GUY [1] - 1:8
guys [1] - 216:7
Gwen [in- 10:7,
38:4, 63:3, 63:19,
70:16, 80:18, 84:21,
169:13, 169:14,
169:18, 169:20,
170:2, 170:5,
171:18, 174:5,
174:21, 209:23

H
H-e-s-l-o-p [ 1 ] 133:24
hair [1] - 20:9
half [2] - 44:17,
134:3
hand [7] - 58:4,
59:4, 68:15, 69:17,
187:24, 224:18
handed [1] - 56:10
handle [6] - 29:5,
29:11, 141:22,
142:13, 187:13,
216:8
handled [3] 141:19, 143:1,
143:2
hands [1] - 109:12
handwriting [8] 59:17, 59:18, 62:12,
62:15, 70:2, 70:17,
154:5, 154:6
handwritten [5] 34:18, 35:2, 36:9,
36:11, 45:24
happy [4] - 57:1,
112:24, 121:25,
193:7
hard [2] - 6:24,
130:10
head [3] - 7:21,
157:1, 174:2
hear [4] - 7:2,
118:16, 120:25,
203:4
heard [8] - 38:14,
92:1, 98:24, 106:15,
106:17, 118:14,
162:24, 194:4
hearing [5] - 98:16,
175:3, 177:6, 177:8,

192:14
held [6] - 49:5,
57:12, 69:4, 99:8,
157:16, 215:18
help [3] - 90:3,
90:6, 93:24
hereby [2] - 224:9,
225:2
hereto [1] - 85:25
hereunto [1] 224:18
Hernandez [14] 13:8, 18:9, 51:20,
89:11, 114:6,
133:14, 133:19,
135:12, 135:17,
135:20, 135:22,
144:16, 144:20,
154:6
Hernandez' [1] 126:17
hesitate [2] 185:21, 192:16
Heslop [13] 122:13, 125:18,
133:23, 133:25,
145:3, 145:20,
183:24, 186:3,
189:11, 189:16,
195:22, 196:3,
200:7
Heslop's [1] 122:14
Hi [3] - 186:22,
193:2, 196:13
hidden [1] - 89:7
hide [5] - 46:12,
66:18, 91:14, 91:16,
91:19
hire [6] - 8:24,
30:4, 179:9, 188:11,
202:4, 202:11
hiring [1] - 30:12
history [i] - 163:12
hold [2] - 8:6,
190:15
holding [1] - 86:6
holds [1] - 13:23
home [6] - 71:23,
187:8, 187:10,
187:12, 187:14,
218:21
honest [1] - 85:14
hope [1] - 193:3
hopeful [1] - 76:5
hopefully [1] 186:25
Hose [3] - 133:22,
134:4, 134:10
HOSE [1] - 133:23

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

hotel [1] - 100:20


hour [17] - 215:23,
216:2, 217:8,
219:18, 219:21,
219:25, 220:2,
220:3, 220:5, 220:7,
220:9, 220:11,
220:13, 220:18,
220:19, 220:21
house [6] - 6:5,
14:4, 14:11, 14:15,
14:20, 14:23
HOWARD [1] 2:15
howard [2] 113:24, 182:21
Howard [1] - 5:2
hundred [32] 34:20, 34:22, 34:25,
35:10, 130:22,
131:5, 131:17,
149:20, 149:21,
150:24, 150:25,
154:25, 155:2,
155:6, 155:7, 155:8,
156:25, 157:4,
172:11, 172:12,
173:1, 173:5, 173:8,
173:10, 173:11,
173:15, 173:18,
173:19, 174:15,
174:16, 174:22,
174:23
hundreds [2] 98:12
husband [1] 215:25

ID [i] - 141:24
idea [2] - 30:18,
166:11
Identification [s] 30:23, 49:12, 56:21,
65:9, 69:1, 80:1,
152:18, 184:5,
198:18
identified [1] 174:8
identifies [2] 212:7, 212:12
III [1] - 2:3
illegal [1] - 52:11
immediate [4] 122:10, 122:12,
134:11, 134:16
immediately [1] 193:17

68 of 83 sheets

12

implemented [1] 145:21


important [3] 6:18, 7:20, 61:21
importantly [1] 7:25
impotent [1] 38:24
IN [3] - 1:1, 1:1,
224:18
in-house [5] 14:4, 14:11, 14:15,
14:20, 14:23
inadvertent [1] 180:2
inadvertently [2] 101:10, 218:22
inasmuch [1] 110:10
incident [8] 27:19, 75:17,
136:19, 142:7,
142:14, 143:4,
143:10, 143:14
include [12] - 12:6,
17:1, 81:16, 88:21,
88:25, 89:4, 90:23,
91:9, 92:25, 211:15,
211:16, 213:24
included [5] - 19:2,
85:11, 131:10,
209:4, 209:9
includes [1] 211:13
including [3] - 7:2,
38:20, 83:11
inconvenient [1] 142:10
independent [6] 88:9, 90:7, 91:5,
138:12, 200:17,
201:1
INDIANS [2] - 1:5,
1:13
Indians [2] - 4:9,
138:13
indicate [9] 46:10, 53:11, 53:12,
63:5, 76:23, 78:22,
128:2, 192:4
indicated [2] 65:15, 87:21
indicates [3] 52:24, 60:17,
129:13
indicating [2] 23:20, 62:19
indicating) [3] 81:2, 153:11,
159:12

69 of 83 sheets

indicia [2] - 97:5,


97:9
individual [16] 10:8, 31:5, 31:10,
35:12, 36:3, 46:7,
55:1, 71:10, 76:6,
92:16, 93:11, 93:17,
93:22, 160:1,
160:10, 180:17
inform [1] - 223:9
information [21] 19:15, 34:15, 39:13,
39:14, 41:6, 66:20,
74:11, 80:23, 86:15,
89:7, 89:16, 90:7,
101:15, 175:2,
175:13, 176:21,
176:22, 177:2,
177:6, 180:5, 192:9
informed [5] 76:2, 126:3, 178:16,
178:22, 215:24
informing [1] 112:22
initials [2] - 61:4,
70:9
input [1] - 103:4
inquire [1] - 214:22
insinuate [1] 17:14
instance [6] - 19:9,
24:1, 59:1, 71:8,
101:8, 105:20
instances [1] 19:12
institution [1] 114:21
instruct [4] - 17:6,
17:7, 24:12, 38:7
instructed [7] 15:7, 23:15, 24:4,
40:20, 40:22, 138:8,
141:7
instructing [4] 40:24, 126:4,
201:13, 202:22
insurance [9] 137:4, 137:5,
137:11, 137:12,
139:12, 139:19,
139:22, 140:2
intend [5] - 9:10,
9:12, 9:14, 72:19,
111:19
intended [1] - 40:9
intention [2] 41:4, 41:21
intentions [1] 125:7
interaction [3] -

18:13, 18:19, 52:13


interest [16] 25:22, 56:14,
110:23, 113:3,
164:23, 164:24,
165:13, 165:15,
167:22, 168:23,
169:2, 169:16,
169:20, 169:23,
181:16, 187:22
interested [1] 224:17
interests [1] 25:15
internal [2] - 38:18,
69:24
Internal [1] 124:16
interpret [1] 25:14
interview [1] 30:13
investigated [1] 105:21
investigating [3] 107:16, 109:6,
109:10
investigation [1] 109:2
invite [1] - 65:21
invoice [22] - 33:2,
34:2, 34:6, 34:11,
34:19, 35:1, 35:7,
35:19, 37:5, 37:8,
49:1, 49:2, 59:2,
61:24, 62:7, 62:10,
62:18, 62:19, 63:6,
63:14, 70:12
invoices [20] 31:25, 32:2, 32:3,
32:6, 32:13, 33:3,
34:24, 36:9, 45:23,
46:1, 46:18, 48:20,
55:1, 56:4, 56:8,
57:8, 63:10, 82:4,
88:2, 88:3
invoked [1] - 24:3
invoking [2] - 38:9,
41:22
involuntary [1] 180:2
involved [11] 27:23, 29:12, 32:24,
52:15, 66:1, 92:9,
103:17, 115:13,
115:14, 141:21,
176:5
involvement [6] 28:9, 51:2, 51:6,
61:17, 110:3,

188:17
involves [1] 113:2
involving [5] 38:3, 81:18, 150:19,
184:24, 198:24
ironic [1] - 111:15
IRS [9] - 19:5, 98:9,
98:25, 108:16,
180:6, 198:22,
198:23, 199:1,
199:6
issuance [1] - 43:9
issue [12] - 10:15,
47:23, 98:3, 98:5,
98:6, 98:13, 103:18,
116:11, 117:3,
165:4, 178:17,
204:4
issued [1o] - 65:22,
66:7, 69:13, 97:24,
101:5, 129:6, 131:4,
139:8, 149:15,
166:16
issues [6] - 99:1,
141:21, 147:2,
178:24, 179:3,
185:12
issuing [1] - 98:19
item [7] - 52:23,
207:6, 207:19,
209:23, 210:4,
212:12, 214:12
Item [2] - 206:4,
206:9
items [3] - 159:10,
160:13, 177:20
itself [5] - 35:16,
43:10, 43:12, 43:23,
183:13

J
James [1] - 198:22
Janeen [2] - 14:25,
71:18
January [25] 8:15, 71:22, 72:6,
72:12, 130:20,
130:22, 154:14,
178:6, 183:11,
183:12, 183:23,
185:23, 186:20,
189:2, 189:10,
190:8, 190:18,
193:5, 194:20,
195:5, 195:17,
200:2, 201:10,
201:12

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

Jasper [4] - 83:24,


97:9, 148:7, 177:15
jerry [1] - 126:1
Jerry [14] - 107:21,
108:4, 122:1, 122:5,
122:10, 122:16,
125:13, 125:16,
125:22, 126:2,
126:3, 126:6,
181:22, 185:3
Jim [2] - 79:17,
180:6
Jimmie [65] - 10:7,
12:2, 12:17, 16:13,
35:12, 36:19, 37:14,
38:4, 40:5, 42:24,
54:8, 54:17, 54:19,
55:3, 63:20, 74:14,
74:15, 74:17, 74:20,
74:23, 74:25, 75:5,
75:12, 76:6, 76:23,
78:23, 80:17, 81:16,
81:24, 83:10, 84:11,
84:18, 84:21, 85:3,
85:6, 85:9, 85:10,
86:18, 86:24, 97:18,
97:23, 115:11,
115:16, 115:18,
116:4, 168:24,
169:5, 169:8,
169:11, 171:8,
171:9, 171:13,
184:22, 184:24,
204:18, 205:1,
205:20, 206:4,
206:10, 206:19,
207:4, 207:24,
208:13, 209:12,
212:7
Jimmie's [3] 36:14, 75:12,
117:22
Jimmy [1] - 168:16
JOANNE [3] - 1:23,
224:8, 224:23
Joanne [2] - 4:12,
223:18
job [6] - 8:4, 8:25,
21:9, 21:11, 21:12,
28:12
jodi [1] - 195:19
Jodi [11] - 4:7,
5:12, 183:24,
184:20, 188:25,
192:9, 193:9,
195:13, 197:24,
198:21, 223:4
JODI [7] - 1:22,
2:20, 5:5, 5:15,
222:3, 223:8,

02/03/2013 06:30:03 PM

13

224:10
journal [3] - 36:4,
90:9, 212:16
judge [2] - 82:11,
85:18
Judge [1] - 192:14
JUDICIAL [1] - 1:1
Julio psi - 12:25,
13:2, 15:3, 16:1,
16:3, 17:3, 18:16,
22:6, 51:18, 89:10,
94:21, 95:2, 114:4,
124:4, 126:13,
126:16, 133:6,
133:13, 133:14,
133:18, 134:15,
134:17, 134:18,
134:19, 134:20,
134:22, 134:24,
136:5, 144:23
July [1] - 30:6
jump [2] - 120:19,
130:13
jurisdiction [2] 39:10, 39:20
JURISDICTION [1]
- 1:3
justification [1] 108:20

K
keep [19] - 17:7,
32:23, 45:8, 60:10,
89:12, 96:4, 96:18,
96:20, 108:15,
132:13, 160:24,
162:7, 162:22,
163:11, 163:13,
166:16, 196:22,
210:8, 211:1
keeping [2] 161:3, 161:15
Kelly [1] - 126:7
kept [3] - 20:24,
104:2, 104:3
kickback [2] 52:4, 52:10
kickbacks [2] 51:23, 89:19
kids [3] - 219:15,
219:16, 220:16
kind [3] - 14:19,
21:18, 175:14
Kissel [2] - 102:8,
102:10
KISSEL 0 i 102:12
knowing [3] - 83:5,

108:5, 117:16
knowledge [30] 13:2, 18:2, 20:21,
21:15, 26:9, 27:12,
36:23, 37:19, 39:12,
46:14, 47:11, 48:5,
48:8, 48:12, 55:18,
85:12, 87:10, 97:1,
108:8, 118:20,
143:1, 178:17,
178:24, 179:2,
185:7, 187:3,
188:13, 188:18,
197:21, 199:15
known [3] - 55:2,
162:13, 163:12
knows [1] - 85:20

L
Large [2] - 1:24,
224:9
last [17] - 8:4,
11:13, 14:23, 47:16,
131:12, 131:22,
131:24, 132:2,
132:4, 148:25,
154:13, 155:18,
155:20, 159:3,
184:9, 195:8, 198:3
late [1] - 175:17
LAW [2] - 2:4, 2:12
law [4] - 6:12,
46:18, 100:10,
224:14
Law [i o] - 4:20,
5:1, 12:6, 24:19,
25:1, 38:6, 40:2,
43:10, 65:23,
183:24
lawn iii - 156:17
lawsuit [17] - 6:12,
6:14, 10:3, 39:11,
41:7, 47:6, 47:20,
48:5, 48:12, 52:3,
88:6, 96:2, 118:1,
118:13, 123:11,
172:17, 203:21
lawsuits [1] - 66:2
lawyer [24] - 9:18,
10:11, 10:24, 14:2,
26:3, 26:4, 38:15,
38:23, 48:25, 56:2,
65:24, 67:20, 80:9,
83:5, 92:11, 93:7,
93:11, 94:18, 96:9,
109:13, 109:22,
179:21, 208:5
lawyers [ 17] - 6 : 19,

19:23, 38:20, 47:8,


47:9, 47:13, 48:9,
55:15, 71:5, 72:4,
72:13, 75:1, 94:8,
97:7
lay Di - 109:23
leadership Di 114:9
learned [5] - 58:5,
113:17, 113:22,
118:19, 120:6
learning [1] - 48:7
least [4] 58:7,
75:24, 112:11,
193:23
leave [3] - 55:22,
79:22, 217:10
leaving [1] 175:16
led [1] - 52:9
ledger [11] - 81:11,
153:15, 153:18,
160:1, 160:10,
209:16, 212:3,
214:12, 214:14,
214:16, 214:19
ledgers [s] - 80:16,
80:23, 159:10,
209:15, 211:19
LEE [1] - 2:6
left [8] 59:4, 59:6,
61:2, 69:17, 70:7,
140:15, 216:2,
216:21
left-hand [2] 59:4, 69:17
legal [-Hs] - 10:12,
10:20, 12:3, 12:17,
12:21, 12:23, 13:4,
13:16, 15:5, 15:10,
15:13, 16:5, 16:12,
17:5, 19:2, 20:1,
20:10, 22:7, 31:4,
31:11, 32:9, 32:18,
33:19, 34:11, 34:16,
35:22, 36:5, 36:6,
37:15, 37:20, 38:13,
42:7, 43:11, 43:22,
43:25, 48:10, 48:21,
49:24, 50:4, 50:6,
50:8, 50:10, 51:25,
52:6, 59:14, 60:12,
61:24, 63:20, 69:25,
70:12, 70:23, 70:24,
71:2, 71:5, 71:7,
71:8, 71:12, 71:15,
71:17, 75:2, 75:7,
76:24, 77:9, 77:23,
78:25, 80:18, 81:24,
82:8, 83:11, 84:13,
-

84:19, 85:20, 85:25,


86:19, 88:23, 90:24,
93:8, 93:14, 97:6,
97:19, 107:4,
117:22, 121:23,
125:24, 150:12,
150:14, 150:19,
172:4, 173:22,
185:19, 200:17,
200:21, 201:1,
204:19, 205:12,
205:19, 206:10,
206:21, 207:22,
208:12, 208:13,
209:22, 209:24,
210:3, 210:4, 211:6,
211:9, 211:10,
211:25, 213:5,
213:9, 213:22,
213:25, 214:11,
214:13, 215:3
Legal [2] - 84:17,
85:24
legally [1] - 185:11
Lehtinen [3] 50:25, 51:5, 89:11
lent pi - 12:2
less [6] - 30:7,
75:19, 94:7, 134:6,
147:13, 147:15
letter [21] - 91:25,
92:7, 92:14, 92:17,
93:1, 93:6, 93:16,
93:24, 94:2, 94:5,
94:8, 94:11, 94:16,
94:19, 94:22, 95:3,
95:5, 95:8, 95:14,
95:20, 223:9
letters [3] - 73:25,
74:8, 95:6
Lewis [101] - 4:10,
4:11, 4:19, 4:20,
6:11, 12:6, 31:8,
31:21, 32:3, 32:13,
33:2, 34:11, 35:7,
35:11, 35:15, 35:19,
35:20, 36:1, 36:8,
37:5, 43:10, 44:12,
45:23, 46:14, 48:21,
50:22, 51:2, 51:23,
52:4, 52:6, 52:14,
55:16, 57:9, 61:25,
65:23, 66:22, 69:14,
70:12, 74:20, 80:19,
80:20, 81:23, 82:4,
82:20, 82:21, 82:25,
83:12, 84:20, 86:1,
86:20, 87:5, 87:10,
87:15, 88:1, 88:7,
89:12, 89:19, 91:14,

91:17, 91:23, 92:13,


93:20, 94:9, 96:3,
97:17, 97:24, 101:9,
105:12, 106:21,
115:4, 115:6,
115:15, 115:17,
116:3, 116:10,
117:21, 117:25,
123:20, 154:11,
158:9, 172:16,
172:22, 176:20,
184:25, 185:2,
203:21, 204:5,
205:1, 205:7, 205:8,
205:12, 205:21,
207:22, 207:25,
208:20, 209:4,
223:6
LEWIS [3] - 1:8,
1:8, 1:11
licenses [1] - 8:6
lie [5] - 72:24, 73:1,
82:12, 86:9, 121:20
lied [1] - 68:6
life [i] - 38:14
light [3] - 86:5,
113:16, 219:16
likely Eii - 32:11
limit Eli - 220:18
limited [2] 219:18, 220:19
Linda li ol 138:15, 138:19,
138:23, 139:1,
139:5, 139:8,
139:13, 139:18,
140:6, 142:18
line [16] - 52:23,
70:9, 128:25,
146:25, 159:10,
209:11, 209:23,
210:4, 211:11,
212:4, 212:7,
212:12, 213:20,
213:21, 214:12,
215:2
LINE [10] - 225:4,
225:4, 225:5, 225:5,
225:6, 225:6, 225:7,
225:7, 225:8, 225:8
lines [2] - 179:11,
203:25
links [1] - 58:25
list [17] - 15:1,
33:12, 91:3, 123:24,
124:2, 124:7,
124:10, 124:15,
124:18, 124:20,
126:22, 153:12,
153:13, 156:8,

7:10, 7:14, 13:21,

02/03/2013 06:30:03 PM

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

70 of 83 sheets

14

167:2, 177:21,
183:1
listed [3] - 178:23,
179:2, 179:4
listen [3] - 41:1,
105:15, 183:18
listing [13] 153:14, 154:9,
156:2, 156:4, 156:9,
156:13, 158:18,
159:21, 178:16,
210:13, 210:14,
211:20
lists [1] - 101:5
litigation 18] 23:8, 23:9, 40:10,
75:18, 81:20, 92:8,
199:5, 199:10
litigations [1] 23:21
lives [1] - 102:19
loan [116] - 11:23,
12:8, 12:12, 12:22,
17:17, 19:6, 19:9,
32:24, 33:3, 35:22,
37:13, 37:14, 38:19,
43:11, 43:19, 44:23,
46:8, 50:8, 54:7,
55:19, 60:3, 60:4,
60:7, 60:9, 61:11,
63:19, 73:3, 73:8,
75:1, 75:2, 75:7,
76:8, 76:24, 82:8,
83:13, 83:17, 87:13,
88:23, 89:5, 91:20,
96:15, 96:16, 97:3,
97:10, 97:11, 97:14,
116:10, 117:22,
117:23, 123:20,
126:19, 131:23,
132:11, 132:17,
133:5, 149:10,
158:5, 158:17,
160:20, 160:25,
161:6, 161:7,
161:11, 164:21,
164:23, 164:24,
164:25, 165:1,
165:2, 165:9,
165:13, 165:21,
165:24, 166:12,
166:13, 166:14,
166:15, 166:20,
166:24, 167:23,
168:6, 168:16,
168:17, 168:20,
168:24, 169:2,
169:5, 169:11,
169:14, 169:15,
169:17, 169:20,

71 of 83 sheets

169:24, 170:1,
170:5, 170:7,
170:10, 170:13,
170:16, 171:6,
171:9, 171:14,
171:19, 171:22,
171:24, 205:6,
205:8, 205:10,
205:11, 205:19,
206:10, 207:21,
208:18, 209:11,
209:21
Loan [1] - 154:10
loaning [1] 205:23
loans [1181- 10:10,
12:16, 13:3, 13:7,
15:4, 16:4, 16:25,
17:4, 17:11, 17:12,
17:25, 18:3, 18:7,
18:10, 18:23, 19:13,
19:16, 20:22, 21:7,
21:10, 22:3, 22:9,
22:12, 22:18, 22:23,
23:2, 26:10, 31:10,
31:18, 31:24, 37:19,
40:6, 43:6, 43:7,
44:21, 44:25, 45:4,
45:6, 45:9, 45:12,
45:13, 45:17, 45:20,
46:6, 46:11, 46:24,
47:24, 51:12, 53:19,
54:22, 60:11, 66:21,
66:25, 67:6, 67:10,
67:11, 71:6, 71:9,
77:21, 78:24, 79:5,
80:16, 80:24, 81:14,
81:24, 83:10, 84:13,
85:21, 86:17, 86:24,
88:7, 89:1, 90:18,
90:23, 91:16, 96:13,
97:6, 97:7, 97:9,
97:20, 115:24,
116:3, 116:11,
116:23, 117:2,
118:10, 119:18,
120:2, 120:7, 121:8,
121:13, 121:17,
121:20, 148:1,
148:19, 158:21,
159:23, 159:24,
160:12, 160:18,
160:19, 161:4,
161:15, 162:7,
164:20, 165:4,
175:13, 177:3,
177:21, 177:23,
204:5, 209:4,
214:11
located [6] 122:17, 122:20,

122:24, 123:1,
162:1, 223:12
location [1] 199:16
look [44] - 8:11,
17:12, 39:1, 39:3,
43:7, 43:14, 47:17,
49:18, 52:21, 57:2,
57:19, 68:18, 76:15,
77:10, 78:18, 78:20,
79:17, 80:13, 82:17,
82:22, 84:16, 85:23,
86:11, 97:4, 97:10,
102:24, 105:8,
127:17, 128:3,
131:11, 137:13,
148:3, 150:8,
152:19, 153:2,
158:19, 190:13,
191:8, 191:10,
203:3, 203:5,
211:20, 212:2,
213:17
looked [1] - 137:13
looking [7] - 39:2,
97:4, 103:17, 182:8,
190:22, 191:2,
212:19
looks [3] - 130:6,
209:16
Lopez [8] - 5:1,
24:19, 25:1, 38:5,
40:2, 73:22, 152:11,
217:23
LOPEZ [57] - 2:14,
5:22, 5:25, 23:10,
26:18, 26:25, 39:6,
39:22, 48:16, 83:14,
89:22, 89:24,
109:22, 110:18,
111:22, 117:7,
118:24, 120:10,
120:18, 135:8,
146:24, 166:10,
168:7, 168:13,
175:8, 176:4, 182:9,
182:11, 182:14,
182:17, 184:2,
189:24, 198:13,
198:15, 200:20,
202:1, 202:9,
202:13, 202:15,
202:21, 202:24,
203:2, 203:11,
203:13, 205:13,
205:16, 206:14,
212:9, 212:11,
215:10, 217:24,
219:12, 219:22,
220:1, 220:6,

220:15, 220:22
loss [1] - 90:14
Louise [22] - 18:6,
36:12, 36:13, 36:15,
37:2, 37:11, 45:24,
48:22, 54:19, 62:16,
63:7, 70:22, 77:12,
78:22, 79:17, 79:18,
81:16, 86:24, 88:2,
206:23, 208:4,
208:16
lower [6] - 58:4,
61:2, 61:4, 70:7,
70:9, 74:1
lucky [1] - 209:1
lying [1] - 115:25

M
MA [1] - 154:4
mail [3] - 186:6,
189:9, 192:19
Mail [811- 41:3,
41:9, 41:10, 72:3,
72:7, 72:8, 72:12,
72:21, 105:1, 125:9,
125:13, 125:17,
125:23, 126:1,
126:2, 175:6,
175:11, 176:18,
177:14, 179:8,
181:8, 181:13,
182:19, 183:22,
184:7, 184:8, 184:9,
184:16, 184:19,
185:22, 186:5,
186:9, 186:10,
186:14, 186:16,
186:17, 186:19,
188:22, 189:1,
189:6, 189:10,
189:15, 190:11,
190:16, 190:18,
190:21, 191:8,
191:10, 191:12,
191:14, 191:17,
191:22, 192:1,
192:6, 192:24,
193:10, 193:15,
193:17, 193:18,
193:21, 194:3,
194:10, 194:18,
194:19, 194:23,
194:24, 195:4,
195:8, 195:11,
196:6, 196:8, 196:9,
197:25, 198:3,
198:10, 199:21,
199:23, 200:25,
201:12, 208:22,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

208:25
Mailed [1] - 193:22
mailed [2] - 33:14,
196:24
mails [3] - 103:7,
192:4, 198:5
Mails [4] - 183:11,
198:6, 198:8,
200:19
maintain [3] 53:18, 63:16, 63:19
maintains [1] 64:9
majority [4] 145:23, 146:3,
146:4
maker [1] - 100:10
man pi) - 38:15
manage [1] 101:14
management [12] 94:2, 94:5, 94:8,
94:16, 94:19, 94:22,
95:3, 95:5, 95:6,
95:8, 95:14, 95:20
Management [1] 95:14
manager [2] 100:22, 100:24
manner [9] - 31:8,
46:19, 55:19, 65:20,
67:9, 88:22, 97:5,
103:23, 176:3
manufactured [1] 99:4
March [2] - 8:10,
130:9
Mark [1] - 133:13
mark [10] - 56:9,
56:12, 56:13, 56:24,
57:25, 152:1, 182:7,
182:21, 182:22,
183:2
marked [22] 30:22, 42:2, 49:11,
49:14, 56:20, 65:8,
65:11, 68:25, 76:17,
79:25, 80:15,
123:18, 123:19,
123:20, 152:17,
152:20, 157:24,
182:10, 183:25,
184:4, 189:17,
198:17
marking [3] 68:11, 68:17, 68:20
married [2] 162:23, 163:9
Martinez [21] 13:1, 13:3, 15:3,

02/03/2013 06:30:03

PM

15

15:4, 16:1, 16:3,


17:4, 22:6, 51:18,
89:11, 94:21, 95:2,
114:4, 124:4,
133:14, 133:18,
134:15, 134:22,
134:24, 136:5,
144:23
Martinez' [1] 126:13
Master's [3] 114:19, 114:20,
114:23
match [1] - 36:4
material [2] 22:12, 110:24
materials [1] 47:18
math [1] - 157:1
matter [16] - 15:22,
22:11, 28:6, 28:7,
48:10, 110:11,
135:10, 147:1,
192:11, 192:13,
198:25, 199:3,
199:11, 199:13,
206:21, 220:20
matters [11] 35:16, 38:3, 39:7,
40:4, 99:17, 102:25,
112:22, 113:10,
184:24, 185:7,
188:19
maturity [6] 164:25, 165:1,
168:17, 168:20,
169:14, 169:17
Max 0] - 148:7
mean [57] - 15:9,
15:18, 20:14, 20:17,
22:10, 25:14, 32:2,
37:2, 37:10, 37:11,
42:21, 46:6, 50:12,
53:21, 54:10, 55:9,
55:13, 75:22, 76:12,
77:3, 77:20, 78:1,
78:5, 78:15, 79:1,
92:5, 104:4, 104:5,
106:11, 107:3,
120:21, 128:21,
128:23, 129:3,
129:6, 131:4,
135:15, 136:3,
140:12, 142:4,
142:14, 151:20,
153:24, 153:25,
156:5, 156:12,
158:15, 158:18,
160:22, 164:1,
181:12, 191:5,

02/03/2013 06:30:03 PM

28:25, 29:8, 29:9,


207:8, 209:8,
29:13, 31:5, 32:25,
216:15
35:12, 36:3, 37:20,
meaning [2] 46:8, 53:19, 60:10,
58:13, 219:20
67:21, 90:23, 91:17,
means [6] - 13:22,
92:16, 93:22, 100:7,
61:9, 78:2, 138:2,
138:8, 141:8,
141:10, 185:10
141:20, 141:21,
meet [5] - 186:2,
141:22, 141:23,
195:21, 195:25,
142:10, 147:19,
196:14, 197:13
148:1, 148:4,
Meeting [1] - 74:10
158:22, 160:1,
meeting [37] 160:4, 160:10,
11:22, 12:1, 12:19,
160:19, 161:4,
76:12, 76:13, 76:14,
161:15, 162:8,
87:6, 99:25, 100:17,
185:16, 210:5,
101:3, 101:11,
210:8, 210:19,
178:6, 178:8,
211:10, 211:14,
178:12, 178:13,
211:23, 213:5,
178:14, 178:15,
213:10, 213:22,
178:22, 179:8,
214:10, 214:13,
181:1, 181:3,
215:2, 215:8
181:12, 186:3,
membership [1] 196:2, 196:6,
88:18
196:10, 197:23,
memoranda [1] 200:1, 200:3, 200:4,
86:16
200:9, 200:12,
memorandum [1] 205:18, 207:6,
26:16
208:1, 208:2
memorized [1] meetings [12] 147:21
11:18, 18:18, 22:4,
mention [3] 22:5, 67:13, 90:21,
149:9, 205:22,
99:16, 99:23, 99:24,
207:25
101:25, 179:17
mentioned [10] Megan [10] - 59:21,
6:5, 14:7, 30:3,
60:21, 61:9, 61:10,
87:6, 87:7, 96:13,
70:6, 73:3, 73:10,
113:10, 122:1,
161:10, 161:13,
136:24, 158:8
162:6
message [1] Megan's [1] 141:2
60:13
met [3] - 36:15,
member [35] 36:19, 181:24
15:17, 15:19, 15:25,
MIAMI [2] - 1:2,
16:21, 28:18, 29:4,
224:5
31:10, 37:21, 43:11,
Miami [7] - 1:18,
43:19, 45:19, 71:10,
93:11, 93:13, 93:17,
2:5, 2:10, 4:6, 80:5,
112:17, 137:3,
110:13, 114:22
137:10, 138:2,
Miami-Dade [2] 138:4, 138:11,
80:5, 110:13
138:23, 141:14,
MIAMI-DADE [2] 141:15, 141:18,
1:2, 224:5
205:10, 205:12,
Miccosukee [60] 211:17, 212:12,
4:9, 4:22, 6:12, 8:5,
214:6, 214:7,
8:9, 10:18, 19:21,
215:13
28:24, 31:10, 36:1,
Members [1] -60:12, 65:22, 66:8,
199:8
69:13, 69:24, 80:17,
members [57] 84:19, 88:18, 92:1,
10:8, 20:20, 20:23,
97:18, 98:2, 105:21,
27:21, 28:22, 28:23,
106:6, 114:17,

116:9, 120:7,
129:18, 138:3,
138:7, 138:11,
138:19, 139:14,
140:18, 144:13,
145:13, 145:17,
148:21, 151:9,
156:10, 158:6,
158:12, 158:22,
159:2, 161:20,
163:4, 163:15,
163:16, 163:23,
172:10, 174:4,
174:21, 180:3,
185:9, 185:11,
192:10, 207:22,
209:12, 213:5,
214:11, 223:5
MICCOSUKEE [2]
- 1:5, 1:13
Michael [15] - 4:19,
44:15, 80:19, 84:20,
86:1, 86:20, 172:11,
172:15, 172:16,
172:17, 185:1,
185:2, 205:7, 205:8,
205:21
MICHAEL [1]- 1:8
middle [5] - 27:21,
29:7, 59:17, 70:2,
70:5
might [6] - 35:9,
92:9, 163:7, 177:17,
181:18, 188:13
Miguel [4] 89:11,
114:6, 144:16,
144:20
Mike [28] - 4:10,
6:11, 13:8, 18:9,
18:20, 51:20, 87:5,
87:9, 87:15, 89:11,
101:9, 126:16,
133:6, 133:14,
133:18, 134:8,
134:10, 134:12,
134:15, 134:18,
135:6, 135:7,
135:12, 135:17,
135:20, 135:22,
154:6, 154:17
million [13] 44:17, 149:13,
149:20, 150:24,
172:11, 173:14,
174:15, 174:22,
214:5, 214:6, 214:7
mind [1] - 97:3
mine [2] - 61:3,
126:15
ministerial [1] -

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

22:13
minus [2] - 156:24,
157:4
minute [3] - 80:10,
159:1, 216:16
minutes [15] 67:12, 67:25, 68:8,
74:5, 75:25, 86:12,
87:11, 109:18,
204:6, 205:5,
207:19, 208:11,
216:8, 216:12,
220:4
mischaracterize
[1] - 119:12
miscoded [1] 174:10
misconduct [2] 29:24, 111:1
mislead [1] - 93:22
misleading [1] 85:16
misquote [1] 119:12
missed [1] 132:10
missing [3] - 86:3,
174:11, 182:16
Mister [2] - 41:12,
107:4
mister [1] - 14:14
misunderstood [1]
- 197:22
moment [5] - 14:7,
24:14, 121:16,
121:22, 153:3
moments [1] - 6:10
Monday [4] 99:23, 101:10,
175:3, 177:7
money [24] - 12:2,
31:12, 37:21, 44:22,
78:5, 87:1, 89:2,
89:4, 91:19, 94:15,
97:1, 151:3, 151:13,
158:23, 167:14,
205:24, 208:18,
209:24, 210:13,
210:14, 210:18,
211:9, 211:24,
215:2
monies [1] - 37:22
monitor (1] - 32:23
month [6] - 62:10,
90:15, 98:3, 128:11,
130:8, 130:9
monthly [1] - 90:14
months (2] - 47:16,
134:1
morning [2] -

72 of 83 sheets

16

99:23, 101:11
most [15] - 7:25,
32:11, 38:12, 39:12,
48:4, 48:8, 48:11,
138:9, 178:17,
178:23, 179:2,
185:6, 188:18,
199:14, 205:25
mother [1] - 36:14
Motion [3] 180:23, 184:21,
192:10
motion [2] 180:24, 187:16
move [4] - 24:5,
24:16, 113:11,
204:3
moving [1] - 112:7
MR [287] - 2:21,
2:22, 2:23, 4:17,
4:21, 5:9, 5:22,
5:25, 6:4, 10:23,
11:3, 11:4, 11:12,
11:16, 13:11, 13:12,
13:13, 13:18, 13:19,
13:20, 14:6, 23:10,
24:2, 24:6, 24:17,
24:21, 24:24, 25:3,
25:5, 26:1, 26:18,
26:20, 26:25, 27:8,
30:24, 37:24, 38:11,
39:6, 39:22, 39:23,
40:7, 40:11, 40:15,
40:16, 40:17, 40:18,
41:2, 41:12, 41:14,
41:15, 41:19, 42:1,
44:2, 44:14, 48:16,
48:19, 49:13, 49:22,
51:24, 52:2, 54:23,
54:24, 56:9, 56:23,
57:6, 57:17, 58:2,
58:3, 58:12, 65:10,
68:11, 68:15, 68:19,
68:20, 68:23, 69:9,
80:2, 80:9, 80:11,
80:12, 82:14, 82:16,
82:19, 83:3, 83:8,
83:9, 83:14, 83:16,
83:20, 89:22, 89:24,
90:2, 94:23, 95:1,
99:14, 109:17,
109:22, 110:15,
110:18, 111:7,
111:12, 111:14,
111:15, 111:17,
111:22, 111:23,
112:13, 112:14,
112:15, 113:1,
113:8, 113:21,
113:24, 113:25,

73 of 83 sheets

114:2, 114:11,
114:14, 116:13,
116:17, 116:21,
116:25, 117:9,
117:12, 118:21,
118:23, 118:24,
119:22, 120:10,
120:12, 120:18,
121:4, 125:6, 125:8,
135:8, 135:11,
135:16, 146:24,
147:8, 152:4,
152:10, 152:14,
152:19, 152:23,
153:2, 153:4, 153:7,
153:8, 157:22,
159:15, 160:7,
166:10, 166:21,
168:7, 168:10,
168:13, 168:15,
175:8, 175:10,
175:19, 176:4,
176:10, 178:19,
178:21, 179:10,
180:11, 180:13,
180:15, 182:7,
182:9, 182:10,
182:11, 182:12,
182:14, 182:17,
182:25, 183:2,
183:5, 183:6, 183:9,
183:17, 183:20,
183:21, 183:25,
184:2, 184:6,
189:17, 189:20,
189:23, 189:24,
190:1, 190:3,
190:22, 191:1,
191:4, 191:7,
195:15, 195:24,
198:13, 198:15,
198:20, 199:20,
200:20, 200:22,
200:24, 201:16,
201:18, 201:22,
201:24, 202:1,
202:3, 202:6, 202:7,
202:9, 202:10,
202:13, 202:14,
202:15, 202:19,
202:21, 202:22,
202:24, 202:25,
203:7, 203:9,
203:11, 203:12,
203:13, 203:18,
204:2, 204:10,
204:11, 204:14,
205:13, 205:15,
205:16, 205:17,
205:23, 205:25,
206:2, 206:14,

207:1, 208:21,
208:23, 208:24,
209:2, 212:9,
212:11, 212:14,
212:23, 213:2,
215:10, 215:12,
215:23, 216:5,
216:7, 216:10,
216:12, 216:13,
216:15, 216:19,
216:22, 216:24,
217:1, 217:5, 217:9,
217:11, 217:12,
217:15, 217:19,
217:24, 217:25,
218:6, 218:10,
219:10, 219:12,
219:19, 219:22,
219:23, 220:1,
220:2, 220:6, 220:9,
220:10, 220:15,
220:19, 220:22,
220:23
MS [14] - 4:24,
23:5, 25:24, 39:18,
52:1, 56:22, 57:5,
82:15, 83:7, 89:21,
89:23, 89:25, 152:9,
152:12
MT [1] - 152:6
MT-A [1] - 152:6
multiple [2] - 6:25,
32:23

N.W [1] - 223:12


name [21] - 4:17,
5:10, 5:13, 6:10,
41:13, 44:12, 44:15,
45:23, 54:3, 79:17,
82:20, 82:25,
113:22, 139:22,
140:2, 161:17,
163:4, 194:2,
197:19, 208:21,
208:24
named [2] - 85:7,
139:8
narrative [1] 120:23
nature [3] - 101:6,
175:21, 198:8
nauseam [1] 212:13
necessarily [13] 32:16, 55:2, 64:24,
76:12, 104:12,
131:8, 132:15,
132:19, 138:10,

158:19, 163:6,
167:3, 176:25
necessary [3] 112:19, 112:25,
185:10
neck [1] - 20:9
need [20] - 7:2,
10:24, 24:14, 24:23,
60:9, 76:17, 91:4,
156:23, 174:1,
182:1, 183:17,
188:10, 188:11,
193:7, 201:4, 201:7,
212:18, 216:11,
217:1, 217:18
needed [5] - 30:10,
42:15, 137:6, 181:9,
186:23
needing [1] 144:12
needs [4] - 44:4,
80:10, 140:8,
212:14
nefarious [1] 17:15
negative [2] 27:16, 199:11
Nelson [4] - 83:24,
97:9, 177:16,
177:25
never 051- 17:13,
40:11, 40:22, 67:16,
87:16, 89:14, 96:23,
97:3, 98:24, 113:1,
125:17, 125:23,
137:12, 194:1,
194:12
new [9] - 22:16,
123:15, 137:24,
138:20, 140:13,
140:15, 143:18,
193:8, 219:20
next [13] - 121:14,
154:3, 186:19,
192:19, 193:18,
194:18, 194:19,
194:23, 194:24,
195:19, 207:6,
208:1
nine [5] - 173:5,
173:8, 173:14,
185:25, 193:11
ninety [14] 130:23, 154:24,
154:25, 155:12,
155:25, 156:24,
156:25, 157:3,
157:5, 173:11,
173:18, 173:19,
174:17, 174:23

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

ninety-five [7] 154:24, 154:25,


155:12, 155:25,
156:24, 156:25,
157:3
ninety-four [2] 157:5, 173:19
ninety-one [1] 173:18
ninety-three [2] 130:23, 173:11
ninety-two [2] 174:17, 174:23
NO [2] - 1:4, 223:7
nobody [2] - 17:6,
216:3
Non [1] - 141:21
Non-Tribal [1] 141:21
noncompliance
[1] - 98:11
none [6] - 52:16,
52:18, 82:19,
168:25, 169:22,
201:24
normal [1] - 104:5
normally [3] 103:24, 104:24,
133:9
Notary [3] - 1:23,
223:19, 224:8
NOTARY [2] 222:9, 224:24
notation [1] 45:24
notations [4] 34:18, 35:2, 36:10,
36:11
note [6] - 57:22,
166:7, 167:9,
167:10, 167:12,
167:13
noted [1] - 225:3
notes ] - 86:16
nothing [s] 27:16, 28:1, 37:9,
43:2, 113:5, 147:1,
188:12, 217:3,
219:20
Notice [1] - 1:25
notice [1] - 221:1
November [8] 42:18, 174:15,
174:19, 176:12,
176:13, 204:16,
204:25, 205:6
NTDR [5] - 77:24,
86:25, 185:4, 208:5
number [19] - 6:23,
10:3, 49:8, 58:3,

02/03/2013 06:30:03 PM

17

59:2, 59:4, 59:6,


59:9, 69:16, 69:19,
96:15, 99:12,
111:11, 111:14,
130:17, 152:5,
157:20, 159:16,
214:4
Number [6] 56:18, 85:23, 96:14,
183:10, 183:22,
189:25
numbers [7] 36:4, 74:1, 96:16,
150:7, 153:21,
154:1, 174:2
numerous [2] 23:13, 23:14

O
oath [5] - 74:25,
75:6, 110:7, 111:3,
125:16
object [17] - 23:5,
57:19, 65:21,
111:12, 117:7,
118:25, 135:8,
146:25, 147:6,
166:10, 176:7,
178:19, 197:8,
199:9, 217:19,
217:21, 218:3
objecting [1] 176:2
Objection [2] 168:7, 202:1
objection [33] 7:4, 7:6, 7:8, 11:1,
11:3, 23:25, 24:16,
25:24, 37:24, 38:16,
38:24, 41:16, 44:3,
44:7, 51:24, 51:25,
65:19, 82:14, 82:15,
83:7, 83:8, 89:21,
94:23, 111:6,
168:13, 175:8,
179:19, 200:20,
202:13, 203:2,
212:9, 215:10
objectionable [1] 204:1
objections [9] 38:13, 44:5, 44:9,
181:16, 185:11,
188:3, 188:5, 197:5,
197:6
objects [1] - 216:9
obligated [2] 47:12, 197:2
obligation

02/03/2013 06:30:03

PM

[2] -

97:23, 165:23
observe [1] - 67:19
obstruct [1] - 24:9
obtain [6] - 114:23,

181:9, 201:1,
201:18, 201:21,
201:23
obtained [1] - 10:9
obviously [5] -

110:9, 149:2,
175:22, 219:25,
220:4
occasions [1] 16:2
occupy [1] - 73:5
occur [4] - 16:14,

16:15, 16:18, 52:8


occurred [5] 23:22, 27:19, 75:19,
101:25, 150:2
October [12] 30:7, 124:13,
131:19, 131:22,
191:15, 191:19,
191:20, 191:24,
192:1, 192:6,
192:13, 193:6
odd - 129:7
OF [9] - 1:1, 1:5,
1:13, 1:22, 224:3,
224:5, 224:24
office [15] - 19:23,
103:25, 104:2,
122:16, 122:20,
122:24, 123:1,
123:15, 126:11,
126:13, 126:17,
162:1, 162:3, 187:6,
218:18
officer [11] - 60:3,
60:4, 60:7, 60:9,
61:11, 73:3, 73:8,
161:6, 161:7,
161:11, 179:25
offices [1] - 126:8
official [2] - 185:8,
224:19
old [3] - 8:11,
53:16, 123:7
once [2] - 112:19,
180:21
one [125] - 5:24,
5:25, 6:5, 6:23,
8:19, 8:24, 10:4,
15:2, 27:19, 29:9,
30:10, 38:12, 45:11,
48:4, 55:6, 55:7,
55:22, 60:24, 60:25,
65:17, 66:11, 70:4,
75:12, 78:6, 83:19,

89:25, 93:23,
110:20, 112:23,
129:11, 130:14,
130:20, 130:22,
131:5, 131:6,
131:17, 132:10,
133:2, 141:14,
142:11, 149:13,
149:20, 149:21,
150:24, 150:25,
151:2, 151:4,
151:15, 152:9,
153:7, 154:10,
154:15, 154:23,
155:6, 155:7,
156:12, 156:15,
159:12, 160:3,
163:7, 164:20,
166:17, 173:1,
173:5, 173:11,
173:14, 173:18,
177:20, 178:9,
178:17, 178:23,
179:24, 180:23,
184:2, 184:10,
184:11, 184:12,
186:11, 189:7,
189:18, 189:24,
190:1, 190:4, 190:7,
190:9, 190:18,
191:18, 193:1,
193:16, 193:19,
193:25, 194:8,
194:19, 194:24,
195:3, 198:3,
200:18, 201:15,
207:11, 208:16,
211:10, 211:11,
214:6, 214:7,
216:15, 217:8,
219:18, 219:21,
219:25, 220:2,
220:3, 220:9,
220:13, 220:19,
220:21
ones [1] - 13:3
opinion [3] - 10:5,
112:6, 112:12
opportunity [3] 67:19, 110:19,
111:2
opposed [1] 209:17
opposite [2] 181:25, 182:5
or/and [1] - 40:5
oral [1] - 179:20
orally [1] - 5:17
order [19] - 33:7,
33:17, 33:22, 34:3,

35:19, 58:15, 58:20,


59:1, 63:12, 63:14,
64:21, 65:5, 74:3,
130:16, 130:17,
130:18, 175:17,
188:11, 199:3
Order [3] - 180:23,
184:21, 192:11
ordering [1] 223:13
orders [2] - 57:8,
64:3
ordinary [1] 95:12
original [1] 196:18
originally [1] - 76:1
originals [4] 218:24, 219:3,
219:7, 219:8
otherwise [7] 32:24, 89:5, 91:21,
95:9, 101:6, 108:22,
113:5
outcome [2] 116:8, 116:22
outside [6] - 11:4,
71:5, 88:9, 93:8,
93:11, 94:8
outstanding [5] 92:10, 158:21,
177:3, 213:22,
214:11
overall [1] - 159:24
overbilled [1] 52:7
overheard [1] 22:14
overseeing [1] 18:21
owe [9] - 44:22,
97:1, 154:18,
155:14, 160:5,
211:17, 213:5,
214:10, 215:3
owed [13] - 20:23,
42:6, 42:7, 60:10,
78:5, 155:24,
158:23, 210:4,
210:5, 210:13,
210:18, 211:10,
213:9
owes [14] - 49:25,
151:13, 154:20,
155:10, 159:2,
159:5, 159:7,
159:12, 160:2,
160:13, 174:21,
209:24, 210:7,
210:15

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

owing [1] - 37:22


own [19] - 7:1,

26:4, 93:14, 113:13,


141:16, 144:12,
181:19, 181:20,
182:1, 185:4,
185:14, 185:15,
185:17, 197:1,
197:3, 201:6,
201:14, 213:25

P
P.L [1]-1:8

p.m [17] - 1:19,


11:6, 11:11, 27:2,
27:7, 49:4, 49:9,
69:8, 99:13, 157:15,
157:21, 183:12,
183:23, 189:7,
189:10, 215:22
p.m. [2] - 4:4,
195:18
packing [1] 218:12
PAGE [11] - 2:19,
225:4, 225:4, 225:5,
225:5, 225:6, 225:6,
225:7, 225:7, 225:8,
225:8
page [24] - 42:2,
52:21, 56:12, 57:24,
58:1, 58:4, 60:25,
69:11, 70:3, 70:12,
70:18, 74:8, 74:14,
76:17, 77:16, 78:18,
154:3, 156:21,
157:8, 157:12,
206:4, 206:6,
206:17, 208:11
Page [26] - 3:5,
58:9, 58:19, 58:23,
59:6, 59:9, 59:18,
60:24, 61:23, 62:13,
62:18, 62:23, 64:19,
69:12, 74:7, 76:21,
77:10, 79:17,
174:14, 204:17,
204:18, 206:6,
206:8, 207:9,
207:20, 208:3,
208:10
pages [7] - 39:1,
49:18, 56:24, 73:23,
80:5, 183:10,
214:19
paid [30] - 15:12,
15:24, 31:8, 33:3,
42:9, 42:10, 42:22,
42:23, 55:18, 55:19,

74 of 83 sheets

18

92:7, 97:7, 97:22,


117:21, 131:4,
149:16, 150:23,
151:3, 154:17,
155:4, 155:6,
172:10, 172:15,
173:21, 173:24,
174:5, 174:6,
204:20, 211:25
paper [5] - 43:2,
106:17, 106:18,
130:2, 130:4
Paragraph [7] 80:13, 84:16, 85:5,
86:11, 86:13, 86:14
paragraph [6] 74:14, 74:22, 82:12,
86:11, 87:2, 204:22
paragraphs [1] 207:12
pardon [1] - 19:25
parens [1] - 53:4
part [25] - 19:2,
46:10, 52:10, 58:14,
66:6, 93:4, 95:17,
101:18, 101:19,
115:9, 116:5,
116:19, 138:13,
157:11, 159:20,
159:24, 174:7,
174:8, 206:3,
206:15, 206:18,
206:22, 210:6,
211:6, 213:19
part's [1] - 101:21
participate [2] 112:25, 113:1
particular [1] 54:13
particularly [1]7:21
parties [1] - 44:10
parties' [1] -

224:15
parts [1] - 5:13
party [6] - 108:24,

181:15, 184:23,
187:5, 187:17,
188:4
pass [1] - 83:5
passing [1] - 80:3
past Eli - 187:25
pattern [1] - 46:11
PAUL [1] - 2:10
Paul [2] - 4:17,
6:10
pay [45] - 10:11,
10:20, 12:3, 12:17,
13:4, 15:5, 15:25,
16:4, 16:25, 17:5,

75 of 83 sheets

31:11, 32:20, 33:7,


37:4, 37:12, 37:14,
37:20, 44:22, 45:24,
62:16, 63:7, 63:20,
70:22, 70:23, 75:2,
75:7, 76:24, 77:9,
78:25, 79:13, 83:11,
84:13, 137:5, 146:8,
156:15, 165:23,
167:22, 168:6,
201:14, 205:12,
207:22, 208:5,
209:22
pay" [21 - 37:10,
48:22
payable [17] 28:20, 33:8, 33:18,
98:23, 102:4,
103:11, 105:12,
137:4, 137:6,
137:11, 139:16,
139:24, 140:1,
140:8, 140:13,
140:15, 142:20
paying [4] 154:12, 202:25,
203:8, 208:17
payment [21] 15:15, 15:18, 16:12,
37:16, 71:5, 80:18,
82:5, 86:19, 88:2,
91:19, 93:23, 97:18,
129:18, 150:13,
154:11, 154:13,
166:13, 181:23,
185:19, 205:19,
209:24
payments [37] 15:8, 32:24, 33:3,
46:24, 54:13, 57:9,
63:22, 81:12, 84:18,
84:19, 85:25, 88:6,
91:14, 97:17, 97:25,
101:5, 115:15,
115:17, 116:3,
116:9, 117:2,
149:16, 149:17,
150:12, 151:8,
151:10, 151:14,
151:16, 154:17,
155:24, 156:10,
156:14, 156:17,
156:18, 156:20,
185:3, 211:22
pending [4] - 47:7,
82:2, 125:1, 199:1
people [15] - 6:25,
19:3, 20:18, 22:16,
44:22, 95:25,
100:16, 101:13,

105:24, 119:20,
138:6, 138:10,
141:24, 175:16
people's [1] 31:11
perm - 211:16
perceived [1] 26:16
percent [10] 34:20, 34:22, 34:25,
35:10, 93:20, 93:21,
138:5, 145:6,
146:22
percentage [2] 146:21, 147:19
Perez [1] - 4:22
PEREZ [1] - 2:6
performance [5] 26:13, 26:17, 27:11,
27:16, 27:18
performed [2] 31:4, 34:16
performing [3] 36:2, 161:6, 161:7
perhaps [1] 215:16
peril [1] - 113:13
period [8] - 25:10,
36:2, 66:4, 149:24,
156:3, 161:12,
199:17, 220:9
periodic [1]- 90:13
periods [1] - 16:15
permissible [2] 73:25, 108:10
permission [1] 109:9
person [30] 27:23, 28:23, 29:18,
30:12, 30:13, 30:14,
48:8, 48:11, 79:20,
83:19, 109:13,
110:6, 137:8,
137:16, 137:17,
137:21, 138:15,
158:15, 161:3,
161:13, 178:16,
179:2, 181:24,
185:6, 188:18,
194:15, 199:14,
199:24, 199:25
personal [11] 18:2, 154:16,
156:16, 156:19,
159:13, 181:11,
185:9, 185:12,
188:10, 199:22,
200:13
personally [3] 52:17, 185:13,

188:7
personnel [1] -

26:21
persons [3] - 48:4,
178:17, 178:23
pertains [1] 218:13
peruse [1] - 68:14
phone [2] - 192:16,
198:21
phrasing [1] 82:11
pick [4] - 152:5,
214:4, 215:25,
216:3
picked [5] - 33:14,
60:17, 60:19, 60:21,
218:22
piece [1] - 108:23
PINO [is] - 2:6,
4:24, 23:5, 25:24,
39:18, 52:1, 56:22,
57:5, 82:15, 83:7,
89:21, 89:23, 89:25,
94:23, 152:9,
152:12
Pino [2] - 4:24,
215:24
PL - 1:11, 4:11,
80:20
place [12] - 46:16,
46:20, 110:1,
127:24, 132:20,
148:23, 148:25,
153:17, 175:3,
192:15, 214:9,
224:11
placed [5] - 110:7,
111:3, 170:12,
170:16, 171:14
Plaintiff [5] - 1:6,
1:11, 2:2, 152:21,
183:7
plaintiffs [1] 152:4
Plaintiff's [6] - 3:9,
65:24, 152:7,
152:15, 152:17,
159:18
planned [1] -

111:11
planned" [2] 111:13, 111:16
play [1] - 40:13
plaza [1] - 100:24
pleading [1] 107:4
plus [1] - 172:18
PO [4] - 34:3,
59:11, 59:15, 59:16

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

point [is] - 31:25,


32:17, 33:16, 33:18,
68:12, 113:8, 131:6,
132:20, 132:21,
137:22, 141:25,
142:5, 142:9,
163:12, 167:5,
203:19
pointing [4] - 59:3,
70:5, 81:3, 83:21
police [6] - 105:24,
106:6, 106:23,
107:7, 107:16,
107:19, 109:2,
109:10
policing [1] 141:23
political - 29:21
politics [1] 140:23
ponder [1] - 24:15
position [6] 13:22, 14:17, 30:11,
73:6, 163:19,
217:14
positive [1] - 27:19
possession [2] 64:17, 141:9
possible [1] 174:10
possibly [6] 16:10, 32:9, 83:5,
100:15, 102:1,
219:5
post [2] - 57:22,
90:9
post-it - 57:22
potential [2] 110:3, 111:1
potentially [3] 47:11, 112:2, 112:3
practice [3] 46:11, 142:15,
142:17
Prats [1] - 223:11
preparation [3] 23:21, 91:4, 218:22
prepare [10] - 90:3,
90:6, 90:13, 124:2,
124:10, 124:15,
124:20, 153:1,
153:9, 213:4
prepared [11] 123:24, 129:17,
131:13, 131:23,
133:5, 149:18,
151:7, 151:9, 159:4,
210:17, 213:19
prepares [2] 102:4, 210:17

02/03/2013 06:30:03 PM

19

preparing [1] -

processing

[2]

98:19

31:18, 32:24

present [10] - 7:19,


19:6, 76:2, 100:5,
101:17, 124:16,
178:10, 186:3,
187:18, 196:3

produce [6] 47:19, 49:1, 108:23,


160:4, 176:24,
177:1
produced [3] 65:13, 65:24,
218:14
producing [3] 74:4, 98:11, 108:21
professional [1] 8:6
proffering [1] 176:6
profit [1] - 90:14
prolonging [1] 217:3
promissory [5] 166:7, 167:9,
167:12, 167:13
prompted [1] 23:1
properly [1] 174:8
property [1] 154:12
prosecution [1] 55:10
protect (1) 187:20
protecting [2] 187:23
Protective [3] 180:23, 184:21,
192:10
prove [1] - 141:24
provide [1o] - 41:6,
47:11, 49:15, 68:21,
90:6, 124:6, 125:18,
177:2, 177:6
provided [13] 5:18, 73:22, 74:2,
88:13, 90:19, 92:14,
92:17, 103:24,
104:4, 104:8, 107:4,
204:7, 214:22
providing [5] 33:17, 37:19, 39:24,
40:10, 197:16
proving [1] - 66:21
Public [3] - 1:24,
223:19, 224:9
PUBLIC [1] - 222:9
public [3] - 38:17,
98:15, 196:22

presented [1]76:1
preserving [1] 7:7

pretty [1] - 174:12


previous [1] -

168:22
9:4, 14:23, 71:21,
71:23
printed [5] 155:16, 155:18,
155:20, 155:21,
155:22
printout [1] 153:17
previously

[4]

private [1] - 181:9


privilege [21] -

23:6, 23:12, 23:17,


24:1, 24:3, 37:25,
38:8, 40:9, 40:25,
41:5, 41:21, 119:1,
119:10, 179:13,
179:20, 180:2,
202:2, 202:20,
202:21, 202:24,
203:13
privileged [3] 182:4, 197:10,
200:23
privileges [3] 40:1, 40:21, 40:23
privy [1] - 101:15
problem [2] 17:22, 57:25
problems [1] 108:17
procedure [3] 32:22, 46:20, 46:21
proceed [1] - 49:13
proceeding [3] 24:8, 112:21, 113:2
proceedings [1o] 11:8, 27:4, 49:7,
57:14, 66:1, 69:6,
99:10, 157:18,
185:17, 215:20
process [9] 12:21, 15:7, 31:17,
46:24, 60:11, 91:2,
94:2, 187:2
processed [1] 31:24

02/03/2013 06:30:03 PM

PUBLIC/STATE [1]

- 224:24
53:16,
55:1, 64:12
pull

[3] -

purchase [15] 33:7, 33:17, 33:21,


34:3, 35:19, 57:8,
58:15, 58:20, 59:1,
63:12, 63:14, 64:3,
64:21, 65:5, 154:12
purported [1] 23:12
purpose [5] - 4:6,
6:20, 57:23, 187:21,
212:6
purposefully [1] -

192:16, 195:1,
195:22, 196:15,
197:9, 203:20,
203:25, 212:25,
216:18, 217:2,
217:4, 217:6, 218:4,
218:11, 218:12,
219:11, 219:23,
220:3
quick [1] - 13:13

101:10
purposes [5] - 7:7,
125:4, 147:2, 211:2,
214:10
pursuance [1] 23:9
pursuant [4] 1:24, 40:1, 48:15,
56:4
put [14] - 11:2,

29:15, 38:16, 46:20,


94:15, 94:18, 94:22,
95:3, 125:10,
132:12, 152:6,
171:5, 182:6,
194:14

Q
quantifiable [1] 16:2
quarterly [4] -

37:22, 55:19, 77:6,


78:6
quarters [3] 52:23, 53:2, 206:16
questioned [1] -

105:24
questioning [16] 68:13, 109:23,
109:25, 110:7,
111:6, 111:24,
112:7, 112:10,
113:12, 146:25,
158:9, 175:22,
176:2, 176:7, 197:8,
208:19
questions [41] 6:13, 27:9, 39:17,
56:17, 103:5, 103:8,
105:16, 109:19,
109:20, 110:6,
115:7, 142:10,
166:19, 176:9,
179:12, 179:16,
180:9, 181:6, 182:2,
185:20, 186:12,
186:24, 188:12,

RAE [7] - 1:22,


2:20, 5:5, 5:15,
222:3, 223:8,
224:10
Rae [1] - 5:12
raised [1] - 186:24
raising [1] - 26:16
range [1] - 42:11
rate [2] - 166:13,
167:22
rather [3] - 56:12,
195:12, 217:15
re [6] - 8:2, 62:18,
62:25, 70:15, 216:6,
218:4
RE [1] - 223:5
re-ask ill - 8:2
re-deposed [1] 216:6
read [39] - 11:13,
11:14, 74:13, 74:22,
76:21, 80:5, 106:17,
116:14, 116:15,
130:10, 131:18,
183:18, 184:18,
186:21, 188:24,
189:15, 190:4,
190:7, 190:9,
190:11, 190:19,
190:20, 190:25,
192:7, 192:24,
193:1, 194:19,
195:1, 195:2, 195:3,
198:19, 204:22,
206:3, 206:13,
206:15, 218:21,
223:11, 225:2
reading [5] - 75:15,

149:14, 190:2,
207:11, 223:10
Reading [1] 221:1
reads [4] - 78:18,
184:19, 204:18,
207:11
ready [1] - 223:10

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

real [2] - 29:20,

87:13
realization [1] -

121:11
realized [4] 121:13, 121:16,
121:22, 137:15
really [12] - 7:22,
17:11, 30:1, 45:9,
52:7, 72:11, 96:23,
97:11, 108:16,
142:21, 163:13,
216:11
reason [11] - 7:11,
7:15, 8:17, 17:24,
19:24, 45:3, 151:12,
171:4, 193:21,
196:19, 197:18
reasons [3] - 8:19,
68:5, 145:10
receivable [36] 12:22, 12:24, 15:9,
15:11, 15:15, 19:2,
19:17, 20:1, 22:7,
33:20, 35:22, 36:5,
43:23, 50:6, 59:14,
69:25, 82:8, 82:18,
86:17, 97:6, 103:11,
151:2, 151:17,
151:18, 152:20,
154:15, 158:10,
158:16, 158:21,
159:13, 174:7,
209:16, 211:7,
211:9, 213:25
receivables [1o] 20:11, 50:10, 88:23,
90:18, 158:11,
159:25, 209:5,
209:9, 209:11,
214:13
receive [13] 63:10, 72:3, 77:25,
125:9, 125:13,
126:2, 176:18,
177:14, 189:9,
196:23, 200:25,
206:23, 214:18
received [1o] 25:11, 46:8, 71:23,
71:24, 137:12,
176:20, 187:9,
193:23, 194:12,
198:21
receives [1] - 77:4
receiving [2] 89:19, 201:12
recently [5] - 47:7,

59:25, 121:21,
145:16, 163:15

76 of 83 sheets

20

recess [5] - 11:7,

27:3, 112:5, 112:12,


113:19
recognize [2] 152:24, 190:24
recollect [1] 34:14
recollection [8] 11:22, 31:23, 35:18,
36:8, 63:6, 75:15,
95:7, 102:2
recommended [1]

- 185:15
recommends [2] -

181:20, 201:5
reconcile [2] -

87:2, 87:3
reconciliations [1]

- 90:11
record [60] - 4:2,

4:16, 5:11, 6:20,


7:1, 7:7, 11:2, 11:6,
22:10, 24:2, 24:25,
25:25, 27:7, 38:17,
39:6, 39:19, 39:23,
41:23, 42:2, 44:7,
49:4, 49:6, 49:9,
56:10, 56:25, 57:13,
66:6, 69:5, 81:11,
99:7, 99:9, 99:12,
104:23, 104:25,
109:24, 113:23,
146:24, 147:3,
157:15, 157:17,
157:20, 175:23,
179:11,182:13,
182:15, 182:25,
183:9, 183:22,
184:18, 185:6,
189:15, 190:19,
195:2, 196:23,
205:25, 206:14,
212:14, 215:19,
215:22, 219:13
recorded [4] 11:15, 116:16,
156:3, 160:19
recording [2] 33:19, 82:18
records [34] 20:25, 21:2, 21:4,
21:5, 21:15, 21:18,
21:24, 32:19, 40:10,
47:23, 48:1, 53:18,
63:18, 64:10, 66:14,
74:7, 82:20, 84:17,
85:6, 85:24, 105:5,
108:16, 113:17,
160:2, 184:24,
188:20, 188:21,

77 of 83 sheets

197:16, 197:17,
198:23, 199:12,
199:16, 209:20
recouping [1] -

37:20
recross [2] 217:17, 219:24
red [1] - 97:13
redacted [1) - 74:3
REDIRECT [2] -

2:22, 218:9
redirect [2] 217:17, 218:5
reduced [4] 145:24, 146:2,
146:4, 146:7
reduction [1] -

53:14
reductions [1] -

151:5
refer [2) - 99:22,

159:16
referred [14] 30:21, 39:19, 49:10,
56:19, 65:7, 68:24,
79:24, 152:16,
182:13, 182:18,
182:20, 184:3,
198:16, 199:4
referring [14] -

10:1, 10:15, 13:25,


14:2, 14:8, 16:11,
24:18, 24:19, 24:25,
36:10, 49:1, 54:14,
60:23, 60:25
refers [1] - 13:14
reflect [5) - 24:3,
54:22, 158:21,
169:10, 170:9
reflected [17] 54:7, 85:21, 157:7,
158:11, 159:3,
159:4, 159:6, 159:7,
160:9, 166:1, 166:2,
174:3, 174:5,
194:10, 194:11,
209:22, 214:7
reflecting [9] 80:16, 81:12, 84:18,
159:11, 169:7,
169:23, 170:19,
171:5, 171:13
reflective [1] 63:18
reflects [5] - 80:23,
169:1, 169:17,
170:4, 170:25
regard [7] - 41:6,
86:3, 91:2, 119:6,
138:9, 183:14,

217:14
regarding [15] -

29:4, 48:20, 99:16,


112:6, 115:7,
126:19, 169:13,
175:3, 175:13,
177:21, 177:23,
178:7, 196:15,
198:23, 204:5
regards [1] 121:23
registry [1] - 148:2
regular [1] - 90:21
regularly [1] - 98:7
reign [1] - 89:15
reimbursing [1] 77:23
relate [1] - 184:24
related [12] 27:24, 29:24, 40:5,
55:13, 60:6, 80:19,
83:22, 119:2, 119:8,
119:14, 122:5,
150:19
relates [4] - 62:19,
110:12, 114:16,
184:22
relating [2] - 38:4,
185:13
relationship [4] 122:7, 162:10,
162:17, 197:11
relative [3] - 28:1,
63:19, 224:14
release [8] 105:21, 107:12,
107:14, 108:2,
109:9, 125:14,
125:24, 126:4
released [7] 33:12, 39:13,
105:18, 106:13,
106:14, 106:16,
106:20
relevance [2] 147:7, 203:25
relevant [4] - 6:14,
47:23, 147:1,
199:17
remain (1] - 63:13
remains [1] - 58:15
remember [36] 18:8, 71:22, 71:25,
84:6, 102:23,
106:19, 106:24,
118:2, 118:18,
120:5, 121:15,
121:24, 127:6,
127:16, 134:5,
134:9, 149:4, 149:6,

172:20, 175:1,
175:6, 175:11,
175:14, 175:15,
177:5, 177:8, 177:9,
177:22, 178:8,
178:11, 178:13,
178:14, 178:15,
204:21, 219:5
rep [3] - 93:6,
93:16, 93:24
repay [2] - 44:20,
97:23
repayment [9] 78:7, 79:5, 96:24,
165:20, 166:3,
169:4, 169:8, 170:1,
170:5
repayments [3] 12:12, 18:3, 79:8
repeat [1] - 46:17
rephrase [2] 116:13, 117:1
replaced [1] 71:18
report [1] - 160:4
reported [1] 224:10
REPORTER [1] 224:23
reporter [7] - 4:12,
6:23, 11:13, 11:15,
55:23, 73:24,
116:16
Reporter [3] - 1:23,
223:18, 224:8
Reporting [1] 223:11
reports 0) - 26:15
represent [6] 4:19, 110:22,
180:16, 181:15,
188:1, 188:7
representation

- 84:21, 86:2,
86:20, 91:25, 93:1,
93:16, 115:18,
116:4, 200:18,
204:20
[lo]

representations
[1] - 103:18
represented [12] -

10:6, 25:12, 25:14,


25:21, 31:11, 35:11,
35:15, 74:20,
107:15, 108:4,
119:25, 200:13
representing [18] -

10:20, 23:24, 83:1,


93:11, 109:13,
110:4, 110:11,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

176:11, 180:17,
181:2, 181:4,
181:10, 181:14,
185:19, 197:4,
197:5, 201:8,
202:12
represents [1] -

65:16
Request [2] -

74:15, 206:3
request [27] -

10:19, 24:13, 28:20,


29:15, 47:18, 52:9,
74:14, 75:7, 76:1,
76:5, 76:10, 76:24,
78:9, 78:11, 92:6,
104:14, 104:15,
104:18, 104:23,
124:25, 125:3,
125:4, 175:18,
198:23, 204:18,
204:19, 206:4
requested [17] 11:23, 46:16, 47:19,
91:3, 93:6, 93:7,
93:10, 104:5, 104:6,
124:18, 124:22,
149:1, 175:2, 179:9,
198:24, 208:4
requesting [7] 76:4, 81:24, 104:7,
124:23, 125:10,
175:12
required [1] 185:11
requirement [1] 98:3
reserve [2] - 216:2,
217:8
resignation [1] 145:10
resigned [6] 136:12, 136:13,
136:14, 136:17,
145:5, 145:7
resist [1] - 108:22
resisted [1] - 74:4
resolve [1] - 218:2
resolved [2] 28:14, 218:2
respect [5] - 29:1,
86:16, 111:25,
113:9, 217:13
respectfully [3] 112:5, 176:2,
188:25
respond [1] 22:24
responding pi -

188:22

02/03/2013 06:30:03

PM

21

response [8] 41:23, 186:11,


186:12, 186:16,
186:23, 194:25,
196:18, 204:5
response) [1] 25:16
responses [1] - 7:5
responsibility [4] 79:13, 111:20,
112:20, 113:14
responsible [4] 93:13, 142:11,
161:3, 161:14
responsive [1] 47:12
restroom [2] 7:13, 182:23
result [4] - 30:19,
46:19, 199:4,
206:21
resulted [1] - 29:17
retain [1] - 71:12
retaining [1] 121:5
retirement [4] 77:1, 86:25, 207:3,
208:15
return [1] - 166:13
revenue [1] - 17:16
Revenue [1] 124:16
review [7] - 49:17,
49:20, 57:2, 90:11,
91:4, 103:21,
152:11
reviewed [6] 32:18, 42:2, 67:23,
68:7, 86:12, 90:15
REYES [6] - 2:12,
2:14, 4:25, 114:11,
220:9, 220:19
Reyes [6] - 4:25,
24:19, 38:5, 40:2,
119:8
Reyes' [1] - 25:1
ride [1] - 216:16
right-hand [1] 58:4
rise [1] - 75:17
risk [1] - 142:11
Road [1] - 2:13
Rodriguez 111126:7
role [3] - 60:2,
146:20, 185:8
rolled [1] - 85:3
ROMAN [110] - 2:3,
2:5, 2:22, 4:21,
11:3, 13:11, 13:13,

02/03/2013 06:30:03 PM

13:19, 24:2, 24:17,


24:24, 37:24, 39:23,
40:11, 40:16, 40:18,
41:12, 41:15, 51:24,
58:2, 68:23, 82:14,
83:8, 111:7, 111:14,
111:17, 112:13,
112:15, 113:21,
113:25, 114:2,
114:14, 116:21,
116:25, 117:9,
117:12, 118:23,
119:22, 120:12,
121:4, 125:8,
135:11, 135:16,
147:8, 152:10,
152:14, 152:19,
152:23, 153:4,
153:8, 157:22,
160:7, 166:21,
168:10, 168:15,
175:10, 176:10,
178:21, 180:11,
180:15, 183:5,
183:25, 184:6,
190:1, 190:3, 191:1,
191:4, 191:7,
195:24, 198:20,
199:20, 200:24,
201:18, 201:22,
202:3, 202:7,
202:10, 202:19,
202:22, 202:25,
203:7, 203:12,
204:2, 204:11,
204:14, 205:15,
205:17, 206:2,
207:1, 208:23,
209:2, 212:23,
213:2, 215:12,
215:23, 216:10,
216:13, 216:19,
216:24, 217:5,
217:11, 217:15,
217:22, 218:6,
219:10, 219:19,
219:23, 220:2,
220:10, 220:23
roman [1] - 52:1
Roman [62] - 4:21,
9:18, 9:20, 10:25,
13:20, 13:23, 14:14,
19:6, 21:21, 22:18,
23:12, 25:3, 25:6,
26:9, 30:3, 30:19,
31:3, 31:7, 31:11,
39:11, 40:7, 45:12,
47:7, 47:13, 48:1,
48:3, 48:8, 51:22,
52:3, 66:25, 67:15,
67:23, 72:4, 72:21,

73:24, 74:2, 80:4,


80:14, 82:10, 85:5,
86:12, 93:19, 96:2,
98:10, 102:24,
103:20, 104:12,
107:5, 107:7, 107:9,
107:14, 108:3,
109:14, 110:2,
110:5, 112:1, 113:8,
119:11, 125:24,
183:23, 219:3,
219:14
room [3] - 119:25,
121:6, 202:11
roughly [1] - 60:25
route [1] - 32:15
rules [1] - 6:18
run [2] - 120:19,
142:11
running [1] - 44:9
ruse [2] - 87:9,
87:22

s-e-I [1] - 14:19


S.E[1]- 1:17
safe [1] - 148:22
sake [1] - 166:18
salaries [1] 145:24
salary [5] - 145:21,
145:22, 147:4,
147:9, 147:13
sat [2] - 107:23,
203:19
Savoy [1] - 4:13
saw [2] - 35:7, 68:8
schedule [54] 42:6, 42:15, 49:24,
54:12, 132:18,
132:21, 132:24,
133:8, 147:25,
148:19, 148:24,
149:10, 149:11,
149:16, 149:17,
151:7, 151:9,
151:10, 151:14,
151:20, 151:23,
153:9, 153:10,
153:11, 155:5,
155:10, 155:11,
155:15, 155:24,
156:1, 157:24,
158:10, 158:17,
158:19, 159:3,
159:14, 167:4,
168:25, 169:22,
172:3, 174:9,

177:10, 177:11,
209:17, 210:6,
210:12, 210:14,
211:1, 211:3, 212:5,
212:6
scheduled [3] 72:1, 192:12,
192:13
schedules [1] 133:5
scheinberg [i) 119:8
Scheinberg [5] 5:2, 41:14, 41:15,
113:24, 179:25
SCHEINBERG [38]
- 2:15, 25:3, 40:7,
40:15, 40:17, 41:2,
41:14, 41:19, 54:23,
68:11, 68:19, 80:11,
111:23, 112:14,
113:8, 113:24,
116:13, 116:17,
118:21, 125:6,
175:19, 182:12,
182:25, 183:9,
183:17, 189:17,
189:20, 189:23,
190:22, 195:15,
200:22, 201:16,
201:24, 202:6,
202:14, 203:9,
205:25, 216:5
SCHEINBERG: [1]
- 183:21
scheme [4] - 43:6,
46:11, 52:4, 52:10
schemes [1] 51:23
scream [1] 120:20
screen [1] - 212:16
SE [1] - 2:9
seal [1] - 224:19
search [2] - 47:11,
137:14
seated [1] - 48:9
second [14] 26:24, 74:13,
111:21, 128:19,
129:22, 129:25,
130:1, 130:3,
138:20, 153:7,
157:12, 182:23,
183:18
Second [3] - 1:17,
2:9, 4:5
secret [5] - 17:8,
45:8, 78:13, 96:4,
96:18

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

secretary [4] 100:11, 100:12,


126:3, 126:6
secreting [1] 180:6
section [3] - 62:19,
62:25, 70:15
see [37] - 34:25,
42:14, 42:19, 44:12,
44:15, 53:9, 56:22,
74:10, 74:15, 77:12,
77:13, 84:22, 85:1,
86:21, 93:24, 95:5,
96:1, 105:10,
110:21, 130:17,
137:25, 149:7,
158:16, 158:20,
183:16, 190:1,
201:13, 207:16,
208:7, 209:21,
211:21, 211:22,
211:24, 212:3,
214:16, 214:21
seek [2] - 200:17,
201:15
seem [2] - 27:25,
78:13
Seminole [5] 28:24, 138:4, 138:7,
138:11, 138:24
send [12] - 72:21,
98:25, 103:7, 141:2,
175:7, 175:12,
177:9, 179:8,
186:16, 189:9,
198:3, 199:21
sending [1] - 198:5
sense [6] - 21:18,
82:21, 86:4, 106:5,
194:2, 209:18
sent [16] - 5:25,
46:18, 125:17,
125:23, 175:11,
181:13, 184:7,
184:10, 184:11,
184:16, 185:22,
186:8, 186:19,
193:10, 193:16,
194:3, 198:6, 198:9,
198:10
sentence [1] 82:11
separate [7] 56:13, 69:12, 96:14,
96:15, 96:16,
160:18, 210:12
separately [2] 96:17, 160:16
September [1] 78:19

78 of 83 sheets

22

sequence [1] series [1] - 105:16


serious [1] - 110:2
serve [1] - 187:8
served [5] - 6:1,

180:22, 187:10,
187:12, 196:24
service [2] -

100:24, 156:17
Service [2] -

124:17, 223:11
serving [1] - 98:11
set [6] - 9:4, 55:22,
68:21, 79:22,
103:12, 224:18
setting [1] - 6:6
seven [12] -

128:17, 149:13,
149:20, 150:24,
155:8, 157:5,
172:12, 173:8,
214:5, 220:7,
220:13
seventy [6] -

131:17, 173:5,
173:11, 173:19,
174:16, 174:23
seventy-five [1] -

131:17
seventy-one [2] -

173:5, 173:11
seventy-three [1] -

173:19
seventy-two [2] -

174:16, 174:23
several [8] - 8:19,
60:24, 75:14,
102:23, 115:6,
138:21, 158:8,
199:1
severe [1] - 145:21
SGCMTG [1] - 74:9
share [1] - 96:10
SHEET [1] - 225:1
sheet [2] - 131:12,
159:19
short [2] - 11:7,
27:3
Short [1] - 4:18
SHORT [1] - 2:11
shortly [1] - 27:19
shoulder [1] - 57:3
show [14] 7:22,
38:14, 49:14, 57:18,
97:10, 151:5, 152:1,
155:20, 186:7,
193:15, 208:14,
208:15, 210:6
showed [2] - 5:23,
-

79 of 83 sheets

6:1
showing [4] -

190:5

38:19, 65:11,
154:17, 176:24
shown [4] 151:10, 159:22,
214:3, 214:14
shows [13] - 89:2,
155:21, 156:14,
156:15, 186:8,
186:12, 205:6,
208:11, 210:18,
211:9, 213:4, 213:9,
215:2
side [2] - 70:18,
126:12
sides [1] - 220:12
sign [1] - 223:11
signalled

[1]-

39:11
SIGNATURE [1] -

222:1

sixty-two

[3] -

130:23, 131:2,
131:6
skip [1] - 78:6
small [1] - 73:25
smoking [1] -

97:14
so.. [2] - 63:10,
208:25
soliloquy [1] -

180:12
Solutions [1] -

4:14
someone [5] -

32:20, 158:20,
159:1, 161:17,
197:20
someplace [1] 151:13
sometime [6] -

signature [12] -

37:4, 59:21, 60:14,


60:17, 60:22, 60:23,
61:2, 70:6, 70:7,
70:8, 70:21, 208:10
Signed [1] - 225:11
signed [11] 36:12, 37:2, 38:2,
40:4, 48:22, 52:3,
62:16, 63:7, 70:22,
82:4, 96:3
signing [2] - 221:1,
223:10
similar [1] - 85:24
simply [2] - 113:9,
188:11
Sincerely [1] -

223:16
sister [2] - 139:2,
141:1
sit [2] - 113:18,
145:6
sitting [1] - 47:13
six [17] - 47:16,
53:23, 128:7, 128:8,
128:10, 128:13,
149:14, 149:21,
150:25, 156:25,
157:4, 172:11,
173:4, 173:19,
207:12
sixty [7] - 128:16,
128:19, 129:7,
130:23, 131:2,
131:6, 173:15
sixty-eight [1] -

173:15
sixty-three

128:16, 128:19,
129:7

30:6, 119:19, 121:7,


121:18, 121:21,
137:10
sometimes [1] -

138:14
son [6] - 137:5,

137:6, 139:16,
140:9, 140:14,
140:16
soon [2] - 180:8,
199:18
soon-to-be [1] -

180:8
sorry [24] - 41:12,
62:8, 113:21,
123:18, 123:19,
126:16, 128:10,
128:19, 129:24,
134:24, 144:23,
151:21, 153:4,
153:13, 153:16,
159:17, 166:24,
174:2, 174:20,
189:20, 207:23,
208:13, 208:23,
209:13
sort [5] - 20:15,
28:1, 62:12, 64:5,
218:4
sounds [5] - 7:22,
29:20, 32:22, 109:8,
109:11
source [2] - 91:3,
93:23
Southeast [1] - 4:5
spat [1] - 29:21
speaking [5] -

[3] -

6:25, 13:15, 30:5,

STATE [1] - 224:3


State [3] - 1:24,

91:2, 181:21
speaks [1] -

183:13
Special

67:24,

[3] -

74:10, 78:10
special

[2] -

statement [14] -

76:24,

208:1
specific [24] 44:4,
50:6, 50:8, 55:3,
83:19, 85:8, 94:3,
118:3, 118:24,
118:25, 120:18,
120:21, 121:2,
132:11, 135:14,
142:19, 154:10,
159:11, 160:14,
166:12, 176:16,
211:11
-

specifically [6] -

23:15, 50:4, 118:9,


160:17, 175:5,
210:6
specifics [1] -

88:10
specify

223:19, 224:9
stated" [1] - 74:23

[2] -

14:1,

14:3
Speculation [1] -

200:21
speculation [1] -

117:8
spell [2] - 5:13,

102:11
spent [1] - 94:15
spoken [1] - 22:15
spread [1] - 159:19

sS [1] - 224:4
stack [1] - 79:23
staff [7] - 13:10,
20:13, 20:14, 20:21,
30:10, 48:10, 59:23
Staff [1] - 20:17
stage [1] - 110:9
stand [2] - 20:9,
57:1
stands [1] - 74:9
staple [1] - 183:17
start [4] - 71:20,
111:23, 127:10,
150:6
started [7] - 42:15,
127:3, 127:5, 127:7,
127:9, 163:25,
164:3
starting [5] -

10:17, 44:19, 154:2,


156:13, 183:11
starts [1] - 42:12
state [5] - 5:10,
39:21, 126:24,
182:13, 182:14

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

6:22, 10:14, 18:15,


23:4, 35:4, 54:6,
80:20, 86:5, 214:17,
214:20, 214:23,
215:1, 215:5, 215:6
statements [7] 18:21, 18:22, 18:24,
90:13, 90:14, 212:3,
215:14
states [2] - 167:21,
168:5
stating

[3]

125:18, 199:21,
199:23
status [2] - 199:12,
211:3
stay [1] - 175:17
stenographer [1] 7:20
step [2] - 11:4,
182:22
Stephan [1] - 5:1
STEPHEN [1] -

2:14
sticker [1] - 152:8

still [11] - 7:6,


53:18, 59:24, 71:15,
73:10, 97:1, 102:17,
112:9, 142:9,
201:16
stipend [4] - 77:2,
77:4, 206:20,
208:15
stop [2] - 7:16,
109:5
stopped [1] - 164:1
story [1] - 193:25
straight [2] -

135:4, 146:14
Street [3] - 1:17,
2:9, 4:6
strict [1] - 64:7
string [1] - 198:2
strongly [1] -

175:24
stub [6] - 58:11,
58:14, 58:23, 59:1,
59:12, 59:15, 63:14,
69:12, 69:13
stubs [2] - 57:9,
64:17
stuff [3] - 106:25,
121:23, 218:13
styled [1] - 223:10
subject [2] -

02/03/2013 06:30:03 PM

23

183:14, 220:20
submit [1] - 85:18
submitted [2] 33:3, 71:4
submitting [1] 98:11
subpoena [28] 5:19, 5:21, 5:22,
6:8, 25:11, 48:15,
56:4, 71:23, 115:1,
176:20, 176:24,
177:1, 177:14,
177:20, 177:22,
177:25, 178:2,
180:22, 181:14,
187:4, 187:7, 187:9,
193:4, 193:5,
193:22, 193:23,
196:19, 196:24
subpoenaed [5] 5:18, 71:21, 71:22,
116:12, 194:5
subpoenaing [1] 177:12
subpoenas [1] 125:10
subscribed [1] 222:5
subsequent [3] 186:2, 200:10,
219:17
subsequently [9] 30:22, 49:11, 56:20,
65:8, 68:25, 79:25,
152:17, 184:4,
198:17
substantial [1] 98:10
sued [1] - 10:8
sufficient [1] 18:19
suggest [8] 26:21, 54:6, 97:13,
111:24, 112:5,
112:11, 113:9,
113:18
suggested [1] 73:24
suggesting [1] 25:3
suggestion [3] 112:15, 113:4,
183:4
Suite [3] - 1:1 7,
2:9, 2:13
Summons [2] 198:24, 199:10
'supervisor [20] 12:25, 18:16, 22:16,
32:8, 32:11, 100:15,

02/03/2013 06:30:03 PM

177:23, 184:23,
122:10, 122:12,
122:14, 124:3,
184:25, 205:2,
205:20, 206:11,
125:17, 133:11,
206:23, 207:23,
133:12, 133:25,
208:4, 208:12,
134:2, 134:4, 134:7,
208:13, 208:16,
134:11, 134:16,
209:21, 209:23,
200:5
supervisors [1] -210:25, 211:3,
211:11, 211:13,
133:17
212:4, 212:5
supply [2] - 47:12,
Tammy's [5] 66:20
suppose [3] -36:14, 42:7, 81:19,
97:18, 117:21
137:23, 158:20,
tangential [1] 209:19
supposed [6] -22:12
tape [3] - 40:14,
28:25, 29:1, 29:3,
49:8, 157:19
29:19, 137:22,
tax [1] - 98:4
141:17
suppress [1] - 24:9
Taxation [3] surrounding [1] -114:19, 114:20,
114:23
55:7
taxes [2] - 98:14,
suspend [1] 98:15
144:5
technically [1] suspended [9] 47:7
28:15, 136:21,
tecum [1] - 5:22
140:20, 143:5,
143:14, 143:15,
Tein [89] - 4:10,
143:16, 143:17
4:11, 4:19, 4:20,
suspension [1] -6:11, 12:6, 31:8,
31:21, 32:3, 32:13,
143:21
33:2, 34:12, 35:7,
SW [1] - 2:4
35:11, 35:15, 35:19,
switch [1] - 138:14
35:20, 36:1, 36:8,
Sworn [1] - 222:5
37:5, 43:10, 45:23,
sworn [2] - 5:7,
46:14, 50:22, 51:2,
224:14
51:23, 52:4, 52:6,
system [1] - 46:15
52:14, 55:16, 57:9,
61:25, 65:23, 66:22,
69:14, 70:12, 74:20,
80:19, 80:20, 81:23,
Tammy [72] - 10:7,
82:4, 82:20, 83:12,
10:19, 12:2, 12:17,
84:20, 86:1, 86:20,
16:12, 35:12, 37:14,
87:5, 87:10, 87:15,
38:4, 38:19, 40:5,
88:2, 88:7, 89:11,
42:24, 54:5, 54:8,
89:19, 91:14, 91:17,
54:17, 55:3, 55:10,
91:23, 92:13, 94:9,
62:22, 63:3, 63:19,
96:3, 97:17, 97:24,
70:16, 78:23, 79:4,
101:9, 105:12,
80:18, 81:15, 83:11,
106:21, 115:4,
84:12, 84:21, 85:7,
115:6, 115:16,
86:2, 86:18, 97:7,
115:18, 116:3,
97:23, 115:16,
116:10, 117:21,
115:18, 116:4,
117:25, 154:11,
169:13, 169:14,
172:17, 172:22,
169:17, 169:20,
185:1, 185:2,
170:1, 170:5,
203:21, 205:1,
171:18, 172:4,
205:7, 205:8,
173:21, 174:5,
205:21, 207:23,
174:6, 174:20,
207:25, 209:4,
175:13, 176:21,
223:6
176:23, 177:21,

TEIN [3] - 1:8, 1:8,


1:11
Tein's [9] - 44:12,
48:21, 82:25, 93:20,
123:20, 158:9,
176:20, 204:5,
205:12
Teins' [1] - 208:20
ten [6] - 16:7,
75:23, 79:3, 173:18,
214:5, 223:12
Ten [1] - 79:3
tend [1]- 13:21
Tercilla [3] 133:23, 134:4,
134:10
TERCILLA [1] 133:23
term [2] - 92:1,
143:14
terminated [10] 9:21, 14:22, 27:22,
28:8, 59:25, 73:13,
102:18, 161:11,
162:15, 164:12
termination [1] 41:8
terms [13] - 121:7,
121:11, 164:19,
164:21, 165:2,
165:20, 166:3,
166:4, 166:12,
169:4, 169:8, 170:1,
170:5
Terrace [1] 223:12
Terry [2] - 102:8,
102:10
TERRY [1] 102:12
testified [16] - 5:7,
19:5, 48:21, 50:5,
66:13, 67:5, 67:6,
74:25, 75:5, 84:11,
86:5, 97:9, 99:16,
208:19, 212:13,
212:18
testify [7] - 26:9,
35:7, 39:7, 39:16,
45:11, 66:25, 125:7
testifying [6] 9:12, 19:7, 67:7,
98:9, 175:9, 175:22
testimony [13] 21:22, 23:22, 24:8,
26:8, 39:25, 66:11,
111:25, 125:16,
125:22, 178:7,
204:4, 205:13,
212:19

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

thanking [1] 194:25


Thanksgiving [5] 175:2, 175:4,
175:16, 176:19,
177:7
- 1:1, 4:1,
THE
5:24, 6:3, 11:5,
11:10, 14:4, 26:23,
27:1, 27:6, 44:13,
48:18, 49:3, 49:8,
49:21, 57:10, 57:15,
58:11, 69:2, 69:7,
82:17, 83:2, 83:19,
94:24, 99:6, 99:11,
109:21, 114:12,
116:19, 116:22,
117:10, 118:22,
119:16, 120:16,
135:14, 152:22,
153:6, 157:14,
157:19, 159:17,
168:9, 182:16,
189:18, 189:21,
190:2, 190:24,
191:2, 191:5,
195:17, 198:14,
198:19, 198:21,
201:20, 203:3,
204:13, 206:18,
209:1, 212:10,
212:21, 212:24,
215:21
theirs [1] - 19:3
themselves [6] 29:6, 29:11, 39:9,
141:22, 142:13,
143:2
thereof [1] 224:12
thereupon [11] 11:7, 27:3, 30:21,
49:10, 56:19, 65:7,
68:24, 79:24,
152:16, 184:3,
198:16
Thereupon [10] 5:4, 11:14, 49:5,
57:12, 69:4, 99:8,
116:15, 157:16,
215:18, 220:24
they've [1] - 39:9
thinking [2] - 83:6,
150:8
third [5] - 122:18,
122:22, 126:9,
167:4, 206:6
Third [2] - 107:15,
108:4
thirteen [1] - 195:6

80 of 83 sheets

24

thirty [12] - 149:13,


149:21, 150:25,
154:24, 155:3,
155:12, 156:1,
156:24, 157:4,
157:5, 173:15,
193:11
thirty-eight [7] 154:24, 155:3,
155:12, 156:1,
156:24, 157:4,
157:5
thirty-nine [1] 193:11
thirty-one [3] 149:13, 149:21,
150:25
thoughtful [1] 112:17
thousand [22] 79:3, 128:16,
128:20, 129:7,
130:12, 131:6,
149:21, 150:25,
154:25, 155:7,
172:12, 172:25,
173:4, 173:7,
173:11, 173:14,
173:15, 173:19,
174:16, 174:22,
195:6
thousands [1] 214:19
threatening [1] 199:2
three [46] - 5:13,
9:9, 9:17, 52:23,
53:2, 54:21, 56:8,
57:8, 80:5, 99:12,
119:25, 121:5,
128:7, 128:10,
128:16, 128:19,
129:7, 130:23,
131:2, 131:6, 134:1,
149:13, 149:20,
150:24, 154:24,
155:2, 155:12,
155:25, 156:24,
157:3, 160:13,
172:11, 173:11,
173:12, 173:19,
174:15, 174:22,
206:16, 207:11,
216:18, 217:1,
217:4, 217:6,
218:11, 219:10
throughout [1]
10:3
thumb [1] - 104:20
Thursday [4] -

81 of 83 sheets

204:16, 207:7,
158:18, 159:21,
208:2
166:23, 167:2,
211:20
tight [1] - 108:16
transactional [1] title [1] - 163:18
158:5
titled [3] - 52:22,
transactions [16] 81:15, 85:1
20:10, 22:7, 52:10,
TO [1] - 223:4
96:18, 132:8,
today [21] - 5:17,
132:13, 148:23,
6:8, 6:13, 40:13,
149:24, 150:3,
40:19, 48:9, 48:14,
150:11, 150:12,
58:6, 67:7, 74:24,
150:13, 153:17,
81:1, 96:9, 111:10,
156:8, 156:10,
113:17, 115:1,
164:20
117:16, 121:6,
transcript [3] 145:6, 155:14,
223:9, 223:12,
155:16, 223:11
225:2
Today [1] - 4:3
transcripts [2] together [2] 75:9, 75:11
63:13, 125:11
translating [1] took [4] - 109:8,
36:24
132:20, 141:16,
transpired [1] 148:23
111:10
top [4] - 54:3, 74:8,
transporting [1] 76:21, 77:15
218:20
topic [1] - 198:2
treasurer [4] total [13] - 149:10,
100:9, 107:20,
149:15, 154:22,
107:23, 108:12
155:23, 156:19,
Treasurer [4] 173:21, 174:20,
122:2, 122:16,
207:13, 213:24,
181:19, 185:3
214:3, 214:4,
treat [2] - 28:25,
214:10, 215:9
138:9
totally [1] - 129:24
trial [2] - 7:8,
towards [1] - 151:4
195:13
track [15] - 20:24,
Tribal [67] - 15:19,
21:6, 21:9, 32:23,
15:22, 15:25, 20:17,
46:23, 60:10, 96:20,
20:23, 23:7, 27:21,
160:24, 161:4,
28:22, 29:4, 29:8,
161:15, 162:7,
35:12, 60:3, 60:7,
162:23, 163:11,
60:9, 60:10, 61:11,
163:13, 210:8
71:10, 90:15, 92:16,
tracked [2] - 96:16,
94:5, 99:17, 100:16,
160:16
137:3, 137:10,
tracks [1] - 214:13
138:11, 141:14,
traffic [1] - 150:21
-141:15,
141:18,
transaction [37]
141:19, 141:20,
20:1, 33:19, 43:2,
141:21, 141:22,
61:15, 64:14,
141:23, 142:9,
127:23, 127:24,
149:15, 158:22,
128:2, 128:3, 128:4,
160:1, 160:4,
129:25, 130:1,
160:19, 161:4,
130:3, 130:13,
161:15, 161:24,
130:15, 131:12,
162:7, 163:16,
131:23, 131:24,
187:19, 196:21,
132:2, 132:4,
199:8, 205:10,
132:12, 132:19,
205:11, 210:5,
153:12, 153:13,
210:19, 211:10,
153:14, 154:9,
211:14, 211:17,
156:2, 156:4, 156:9,
211:23, 213:5,
156:13, 157:24,

213:10, 213:22,
214:6, 214:7,
214:10, 214:13,
215:2, 215:8,
215:13
tribal [2] - 60:4,
187:23
Tribe [26o] - 4:9,
6:13, 8:5, 8:9, 9:2,
9:20, 10:4, 10:8,
10:11, 10:13, 10:18,
12:2, 12:8, 12:16,
14:1, 14:9, 15:11,
15:13, 15:17, 16:16,
16:19, 18:22, 19:7,
19:9, 19:13, 19:21,
20:22, 22:9, 23:24,
25:13, 26:10, 26:12,
26:22, 27:10, 29:5,
29:12, 30:25, 31:5,
31:10, 32:25, 35:15,
36:1, 36:3, 36:6,
37:13, 37:18, 37:21,
38:1, 38:3, 38:10,
38:18, 38:19, 39:5,
39:14, 40:4, 40:23,
41:6, 42:24, 43:9,
43:11, 43:12, 43:19,
43:20, 43:25, 44:25,
45:18, 45:19, 46:5,
46:8, 46:16, 46:20,
47:4, 47:19, 48:5,
48:22, 49:25, 50:16,
51:22, 52:15, 53:18,
53:19, 55:19, 56:16,
57:1, 57:18, 57:19,
57:25, 58:17, 60:9,
60:13, 61:8, 62:4,
63:16, 63:22, 64:9,
64:12, 65:1, 65:11,
65:15, 65:19, 65:23,
66:8, 66:13, 66:21,
67:17, 67:21, 68:21,
69:13, 71:5, 72:14,
73:10, 74:4, 76:6,
77:23, 80:17, 80:22,
83:10, 84:19, 86:1,
86:19, 87:1, 87:10,
87:24, 88:9, 88:18,
88:25, 89:16, 90:17,
90:23, 91:17, 92:1,
92:7, 92:9, 92:14,
93:8, 93:11, 93:13,
93:17, 93:21, 93:22,
93:23, 95:15, 95:25,
96:4, 96:18, 97:5,
97:18, 97:22, 97:24,
98:2, 98:5, 98:10,
98:25, 101:15,
104:13, 105:12,
105:21, 106:21,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

108:15, 108:22,
109:13, 110:4,
112:4, 112:9,
114:17, 115:4,
116:9, 117:21,
118:1, 120:7,
121:12, 123:16,
126:14, 126:17,
129:18, 131:4,
133:17, 138:3,
138:24, 139:14,
143:1, 144:8, 144:9,
144:14, 145:13,
145:17, 148:21,
150:23, 151:9,
156:10, 158:6,
158:11, 158:12,
158:22, 159:2,
159:5, 159:8,
161:21, 163:4,
163:15, 163:16,
163:23, 165:6,
165:10, 165:11,
165:24, 167:15,
172:10, 174:4,
174:21, 177:12,
178:16, 179:22,
180:3, 180:25,
181:11, 181:15,
183:3, 183:7,
184:20, 184:23,
185:9, 185:12,
187:5, 187:13,
187:16, 187:22,
187:24, 188:1,
188:3, 188:5, 188:6,
188:13, 195:19,
196:21, 197:4,
197:12, 199:2,
199:7, 199:8,
199:12, 203:22,
204:20, 209:12,
209:24, 210:17,
210:18, 210:23,
211:8, 213:5,
213:22, 214:11,
215:3, 218:21,
218:25, 223:5
TRIBE [2] - 1:5,
1:13
Tribe' [1] - 188:2
tribe's [1] - 109:22
Tribe's [36] - 8:22,
9:18, 10:5, 13:3,
13:16, 15:4, 16:4,
16:25, 17:4, 17:17,
31:3, 38:15, 39:15,
40:9, 46:20, 49:16,
63:18, 63:19, 64:16,
65:13, 69:24, 73:22,
78:24, 80:3, 94:4,

02/03/2013 06:30:03 PM

25

156:16, 181:16,
181:17, 187:18,
188:20, 188:21,
192:10, 197:11,
197:16, 197:17,
209:20
true [17) - 51:8,
118:2, 118:5,
118:11, 118:13,
118:20, 119:18,
120:2, 121:8,
143:10, 143:13,
144:3, 145:23,
146:8, 147:13,
179:1, 219:6
trusted [1] 141:11
truth [8] - 8:20,
9:14, 9:22, 9:25,
10:14, 45:15, 73:19,
93:25
truthful [2] - 24:8,
80:20
truthfully [4] 35:7, 39:7, 39:16,
93:20
try [3] - 56:15,
106:5, 218:21
trying [8] - 24:9,
27:24, 50:9, 121:3,
187:1, 188:7, 220:6,
220:7
Tuesday [1] 192:12
turn [4] - 74:7,
76:2, 76:17, 141:14
turned [1] - 28:22
turns [1] - 29:2
twenty [5] - 60:13,
84:7, 128:17, 173:7,
173:18
twenty-five [1] 173:7
twenty-seven [1] 128:17
two [39] - 9:7,
29:12, 42:2, 47:8,
48:9, 49:9, 49:18,
55:22, 71:25, 75:12,
109:18, 110:20,
111:4, 111:11,
111:14, 126:15,
128:16, 130:23,
131:2, 131:6, 134:1,
149:13, 149:21,
150:25, 172:11,
173:7, 173:10,
173:14, 174:16,
174:17, 174:22,
174:23, 185:3,

02/03/2013 06:30:03

PM

195:6, 207:11,
216:12, 220:12
two-page m - 42:2
type [4] - 28:20,
92:8, 104:25,
153:10
types [1] - 141:19

U
umbrella [4] 25:13, 180:25,
188:1, 188:6
unable [1] - 215:25
unaudited [2] 90:14, 95:17
unclear [2] - 150:7,
203:20
uncomfortable [1]
- 7:15
under [27] - 6:8,
25:12, 74:3, 74:25,
75:6, 110:7, 111:3,
111:4, 114:8,
114:25, 115:1,
115:8, 119:9,
125:16, 143:17,
145:19, 151:9,
155:24, 174:21,
176:17, 180:25,
185:4, 188:6,
197:11, 202:19,
206:6, 207:19
unhappy [1] 26:22
University [1] 114:22
unless [4] - 24:21,
44:10, 132:10,
183:3
unlimited [2] 84:12, 97:8
unnecessary [1] 199:5
unreasonable m 172:18
unsettling [2] 136:9, 136:10
untruthful [1] 17:16
Up [39] - 7:22,
14:14, 16:1, 20:9,
33:7, 33:14, 36:4,
38:22, 39:3, 49:18,
58:25, 60:17, 60:19,
60:21, 78:20, 87:11,
102:18, 108:11,
109:12, 132:22,
137:13, 141:25,

142:1, 142:5, 142:6,


142:7, 144:7, 152:5,
165:18, 175:20,
177:7, 213:3,
215:25, 216:4,
216:21, 217:16,
218:12, 218:23,
219:20
up-to-date [1] 132:22
upcoming [1] 92:10
update [2] 132:17, 133:7
updated [7] 131:19, 132:21,
132:24, 133:4,
148:24, 149:1,
149:6
updating m 132:13
upper [4] - 59:3,
59:6, 62:12, 69:16
upset [2] - 137:20,
137:23
urge [1] - 175:24

V
vague [2] - 106:24,
120:23
valid [1] - 179:19
various [7] - 20:14,
20:18, 20:24, 38:20,
78:24, 119:20,
211:22
vendor m - 53:13
vendors [1] 211:23
verbally [1] - 49:19
version [3] 124:11, 127:3,
149:1
versus [3] - 4:10,
115:4, 184:22
vest [1] - 108:16
vice [1] - 100:9
video [10] - 4:2,
4:13, 11:11, 27:2,
49:4, 57:11, 57:16,
69:3, 69:8, 99:6
videographer [1] 7:19
VIDEOGRAPHER
[16] - 4:1, 11:5,
11:10, 27:1, 27:6,
49:3, 49:8, 57:10,
57:15, 69:2, 69:7,
99:6, 99:11, 157:14,

157:19, 215:21
videotape [3] - 4:7,
41:24, 99:11
view [1] - 20:21
VIRGINIA m - 2:6
Virginia [1] - 4:22
void [3] - 53:13,
137:24, 139:13
voided [4] - 28:19,
137:6, 140:8,
140:13
voluminous [1] 68:18
voluntarily [2] 65:24, 108:20
voting [5] - 10:11,
14:1, 14:8, 18:17,
88:18
VS [2] - 1:7, 1:12
VS [1] - 223:6

w
wait [4] - 6:21, 7:4,
57:3, 110:15
waive [7] - 24:15,
38:7, 40:20, 40:22,
40:25, 41:5, 41:21
waived [4] 179:15, 179:18,
179:23, 221:2
waiver [1] - 180:2
waiving [3] 39:25, 40:3, 40:9
walked [1] - 30:10
wants [7] - 8:22,
93:19, 110:19,
110:20, 159:1,
180:9
ways m - 32:6
Wednesday [2] 175:1, 176:19
week [4] - 90:17,
140:21, 193:24,
195:20
weekly [1] - 99:16
weeks [1] - 199:1
weird [2] - 109:11,
109:14
welcome [1] 109:21
whatsoever [1] 19:15
whereas [1] 142:12
WHEREOF [1] 224:18
whole [11] - 78:3,
78:6, 157:11, 161:5,

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

161:12, 162:14,
163:18, 163:19,
163:21, 211:16,
214:18
wife [4] - 18:5,
36:14, 54:19,
162:21
William [1] - 148:8
wires [1] - 101:5
wish [1] - 38:7
wished [1] - 181:9
withheld [1] 101:10
withhold [1] 91:12
withholding [1] 180:5
Witness [11] - 3:9,
3:10, 183:3, 183:4,
183:8, 183:9,
183:22, 184:4,
189:24, 198:13,
198:17
witness [26] - 5:6,
39:12, 40:8, 41:17,
44:6, 56:10, 56:25,
57:24, 110:3,
110:10, 110:24,
111:6, 112:2,
113:15, 113:18,
166:11, 175:25,
176:3, 176:6,
179:12, 183:21,
201:17, 202:22,
203:23, 224:13
WITNESS [46] 2:19, 5:24, 6:3,
14:4, 26:23, 44:13,
48:18, 49:21, 58:11,
82:17, 83:2, 83:19,
94:24, 109:21,
114:12, 116:19,
116:22, 117:10,
118:22, 119:16,
120:16, 135:14,
152:22, 153:6,
159:17, 168:9,
182:16, 189:18,
189:21, 190:2,
190:24, 191:2,
191:5, 195:17,
198:14, 198:19,
198:21, 201:20,
203:3, 204:13,
206:18, 209:1,
212:10, 212:21,
212:24, 224:18
wondered [1] 177:10
word [3] - 42:19,

82 of 83 sheets

26

111:16, 149:25
words [1]- 7:21
worker [1] - 135:4
works [5] - 44:21,
188:8, 190:16,
209:15, 213:1
worry [1] - 39:8
worth [1] - 206:19
woven [1] - 10:3
write [5] - 33:7,
58:3, 85:6, 92:7,
195:14
writing [4] - 33:21,
182:6, 194:14,
195:12
writings [1] - 86:15
written [5] - 26:15,
27:12, 179:20,
186:25, 197:23
wrongful [15] 10:8, 10:12, 10:21,
12:3, 12:18, 13:5,
55:10, 63:21, 70:16,
74:18, 75:3, 75:8,
81:19, 84:13, 97:19
wrote [10] - 70:20,
70:23, 73:25,
154:17, 181:1,
193:21, 194:24,
195:13, 196:9,
200:2

yesterday [1] -

198:22
YINET [1] - 2:6
yinet [1] - 4:24
yourself [4] -

74:13, 74:22, 76:21,


157:23
Yousef [6] 133:22, 134:2,
134:7, 136:10,
145:7, 145:19
YOUSEF [1] 133:22

Z
zero [3] - 96:22,
131:6, 154:23

Y
year [28] - 30:7,
36:2, 42:16, 42:19,
92:7, 96:23, 97:24,
98:4, 127:10,
127:21, 127:23,
127:24, 128:13,
134:3, 134:5, 143:6,
143:7, 144:14,
145:12, 150:2,
150:6, 155:20,
157:9, 157:11,
193:8, 213:4
year's [1] - 206:19
years [31] - 8:10,
8:12, 26:12, 31:1,
42:11, 47:5, 52:14,
60:13, 67:18, 75:23,
84:7, 100:3, 102:23,
114:17, 123:11,
133:16, 135:5,
138:21, 144:8,
147:5, 150:20,
157:7, 157:8,
161:21, 163:3,
163:14, 163:15,
163:22, 215:7

83 of 83 sheets

EDMEE PRATS COURT REPORTING SERVICES


(305) 324-5431

02/03/2013 06:30:03 PM