Gary Mole and Glacial Energy - Their Links To Blood Diamond Mining in The Congo

Donald Bernard
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MONTANA FIFTH JUDICIAL DISTRICT COURT
JEFFERSON COUNTY
__________________________________________________
ROBERT DONAT,
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Plaintiff,
vs.
No. DV-08-10942
S & C CORPORATION, DON BERNARD, PETER KOECK,
JEFFERSON COUNTY, MONTANA a political subdivision
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of the State of Montana,
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and all other persons, unknown
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claiming or who might claim any right, title,
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estate, or interest in or
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lien or encumbrance upon the real property
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described in the complaint adverse to
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Plaintiff's ownership or any cloud upon
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Plaintiff's title thereto, whether such claim
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or possible claim be present or
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contingent,
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Defendants.
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__________________________________________________
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VIDEOTAPED DEPOSITION UPON ORAL EXAMINATION OF
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DONALD BERNARD
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__________________________________________________
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Charles Fisher Court Reporting, Inc.
503 E. Mendenhall, Bozeman, MT 59715 (406) 587-9016
Donald Bernard
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BE IT REMEMBERED, that the videotaped

deposition upon oral examination of
DONALD BERNARD, appearing at the instance of
Plaintiff, was taken at the offices of Charles
Fisher Court Reporting, 503 East Mendenhall,
Bozeman, Montana, on Tuesday, April 14, 2009,
beginning at the hour of 10:03 a.m., pursuant to
the Montana Rules of Civil Procedure, before
Allison Nagel, Court Reporter, Notary Public.
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INDEX
EXAMINATION OF MR. DONALD BERNARD BY:
Ms. Tranel, Esq.
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EXHIBITS
DEPOSITION EXHIBITS:
Exhibit No. 1
PAGE:
Public Utility
142
Commission Rep Report
Re: Energy West
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Resources, LTD.
Exhibit No. 2
7/19/2004 Wire Transfer 146
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Request Form
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from S&C Corporation
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for $500,000.00
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Exhibit No. 3
Incorporation for
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Domestic Profit
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150
200
3/1/2004 Articles of
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Corporation
Exhibit No. 4
By-laws of S&C
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Corporation
(Pgs. 1-13)
Exhibit No. 5
3/30/2004 Resolutions
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Adopted By Incorporator
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Of S&C Corporation
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APPEARANCES
ATTORNEY APPEARING ON BEHALF OF THE PLAINTIFF,
ROBERT DONAT:
Monica J. Tranel, Esq.
Luxan & Murfitt, PLLP
Fourth Floor, Montana Club Building
P.O. Box 1144
Helena, Montana 59624-1144
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ATTORNEY APPEARING ON BEHALF OF THE DEFENDANT,
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S & C CORPORATION, DON BERNARD, PETER KOECK:
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Christopher D. Meyer, Esq.
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CD Meyer Law Firm, PLLP
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2066 Stadium Drive, Suite 203
P.O. Box 1172
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Bozeman, Montana 59771
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I N D E X (continued)
EXHIBITS
Exhibit No. 6 6/2/2004 Corporate
Banking Resolution
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Depositor: S&C Corporation
Financial Institution:
Rocky Mountain Bank
Exhibit No. 7 6/2/2004 Minutes of
S&C Corporation
Re: Opening bank account
at Rocky Mountain Bank
Exhibit No. 8 6/19/06 Glacier Bank
Account Document
Exhibit No. 9 3/30/2004 Resolutions
Adopted by Sole
Director and Shareholder
of S&C Corporation
Special Meeting of
The Board of Directors
of S&C Corporation
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173
177
184
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EXHIBITS
PAGE:
Exhibit No. 11 6/28/2006 Profit Sharing 210
Agreement between
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Robert Donat and
S&C Corporation
Exhibit No. 12 3/30/2004
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5/2/2005
S&C Corporation
Stock Certificates
for Peter Koeck,
Bob Donat, and
Don Bernard
Exhibit No. 13 7/17/2005 letter from 214
Peter Koeck to
Don Bernard
Re: Issuing one share
of stock to Bob Donat
Exhibit No. 14 Montana Property
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Consultants
Lots sale listing
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EXHIBITS
PAGE:
Exhibit No. 20 3/5/2008 copy of
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check no. 544
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for $113,075.00
to S&C Corporation
from Robert Donat
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Transaction Receipt
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from Rocky Mountain
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Bank for $113,075.00
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check from Robert
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Donat to Surety Title
for $125,162.36
Exhibit No. 23 7/5/2007 Incoming
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Wire-Advice of Credit
Rocky Mountain Bank
Originating Party:
Dragon Advance
Beneficiary Party:
Robert Donat
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EXHIBITS
PAGE:
Exhibit No. 15 11/1/2006 Buy-Sell
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Agreement between
S&C Corporation and
Robert Donat
Exhibit No. 16 9/22/2005 Peter Koeck 231
Durable Power of Attorney
appointing Robert Donat
Exhibit No.. 17 11/2006 Authorization 232
To Enter Into Contracts
Exhibit No. 18 10/31/2006 Minutes of 233
Special Meeting of The
Board of Directors of
S&C Corporation
Re: Bob Donat negotiating
and selling real estate
belonging to corporation
Exhibit No. 19 3/7/2008 E-mails
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between Peter Koeck
And Don Bernard
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EXHIBITS
Exhibit No. 24 12/27/2007 Outgoing
Wire-Advice of Debit 276
Rocky Mountain Bank
Originating Party:
S&C Corporation
Beneficiary Party:
Sam Panama Trading Co
Exhibit No. 25 12/27/2007 Outgoing
Wire-Advice of Debit
Rocky Mountain Bank
Originating Party:
S&C Corporation
Beneficiary Party:
First Clearing LLC
Exhibit No. 26 6/26/2008, 6/27/2008
E-mails between
Don Bernard and
Peter Koeck
Exhibit No. 27 2/29/2008 Memo from
Boyd Taylor CPA, PC
Re: Income and taxes
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EXHIBITS
PAGE:
266
between Peter Koeck
and Bob Donat
Re: Money
Exhibit No. 29 12/7/2007 E-mail
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from Peter Koeck
to Bob Donat
Exhibit No. 30 U.S. Corporation Income 273
Tax Return - 2007
S&C Corporation
Exhibit No. 31 S&C Corporation
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Profit & Loss
July 2007 through
June 2008
Exhibit No. 32 2007 - Form 1099-S
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Proceeds From Real
Estate Transactions
Filer's Name:
Surety Titles, LLC
Transferor's Name:
S&C Corporation
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EXHIBITS
PAGE:
Exhibit No. 37 3/20/2008 Affidavit 244-246
with attached
238-239
summary of
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instructions from
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S&C Corporation Board 339
of Directors meeting
held 4/7/2008
with attached copy 238-239
of Minutes of Special 283
Directors Meeting of 289
S&C Corporation held 339
2/19/2009
Exhibit No. 39 11/3/2008 letter/fax
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from Christopher D.
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Meyer to Monica Tranel
Re: Donat v. S&C
Corporation and Donald
Bernard, DV-08-10942
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from Joseph Walden
to Bob Donat
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EXHIBITS
PAGE:
285
between Peter Koeck
and Bob Donat;
Peter Koeck and
Donald Bernard
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from Luis A. Bertone
to Peter Koeck;
2/3/2008 E-mail
from Peter Koeck to
Donald Bernard
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Special Directors
Meeting of S&C
Corporation
with attached
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minutes of Special
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Directors Meeting
339
of S&C Corporation
held 12/13/2007
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EXHIBITS
3 DEPOSITION EXHIBITS:
4 Exhibit No. 41 6/15/2005 E-mail
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to Bob Donat
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from Peter Koeck
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Re: Expenses
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PAGE:
349
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Donald Bernard
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Tuesday, April 14, 2009

VIDEOGRAPHER: This is the video
deposition of Donald Bernard taken in the Montana
Fifth Judicial District Court, Jefferson County,
Cause No. DV-08-10942, Robert Donat versus S & C
Corporation, et al. Today is April 14th, 2009.
The time is 10:03 a.m. We are present at the
offices of Charles Fisher Court Reporting, 503
East Mendenhall, Bozeman, Montana. The court
reporter is Allison Nagel, and the video operator
is Lori McMullen of Charles Fisher Court
Reporting. The deposition is being taken pursuant
to notice. I would now ask the attorneys to
identify themselves and for whom they represent.
MS. TRANEL: I'm Monica Tranel. I
represent Bob Donat.
MR. MEYER: I'm Christopher Meyer. I
represent S & C Corporation, Donald Bernard, and
Peter Koeck.
VIDEOGRAPHER: And whoever else is
present.
MR. DONAT: Robert Donat, representing
myself.
VIDEOGRAPHER: The court reporter will
now swear in the witness.
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A. No nicknames.
Q. Have you ever been known as any -- by any
other name?
A. No.
Q. And is it okay with you if I call you
Don?
A. Sure.
Q. Okay. Are you carrying a weapon today?
A. No.
Q. Have you ever had your deposition taken
before?
A. Yes.
Q. In what case?
A. I don't remember the style of it. Um,
there's been -- probably 25 years ago.
Q. When -- one time, or how many depositions
have you had taken?
A. I think that's the only one.
Q. Just once?
A. I believe so.
Q. About 25 years ago?
A. Yes.
Q.. Okay. In what state?
A. Texas.
Q. And you don't remember the case?
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Thereupon,
DONALD BERNARD,
a witness of lawful age, having been first duly
sworn to tell the truth, the whole truth, and
nothing but the truth, testified upon his oath as
follows:
MR. SCHUPACK: Would this be the spot? I
hope this is the spot -- I didn't just come
barging in somewhere. I'm Alan Schupack.
MS. TRANEL: And you are -MR. SCHUPACK: With Tina Guestburo. I
don't think this is the right place. My
apologies.
MS. TRANEL: Well, you're welcome to join
us if you'd like, but -- so -- okay. We'll go
ahead and get started, then.
EXAMINATION
BY MS. TRANEL:
Q. Don, for the record, can you give us your
full name?
A. Donald Ray Bernard.
Q. And how do you spell your -- can you
spell your whole name?
A. D-o-n-a-l-d R-a-y B-e-r-n-a-r-d.
Q. Do you go by any nicknames?
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A. No. I don't remember the style of it. I

remember the case; I don't remember the style of
it.
Q. What do you remember -- what do you mean
by "style"?
A. The name of it.
Q. Okay.
A. I -Q. Civil or criminal?
A. Civil.
Q. Okay. And were you suing, or were you
being sued?
A. I was being sued.
Q. And what -- do you -- what was it about?
A. I own an airplane, and another pilot flew
it and crashed it. And it was primarily a suit
against the mechanic that worked on the plane, but
since I was one of the owners, then I was a named
party.
Q. Okay. So you were named as a defendant?
A. And I was called -Q. Okay.
A. -- to testify.
Q. Okay. Do you have a copy of that
deposition?
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Donald Bernard
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A. No.
Q. Do you know where I could get one?
A. I have no idea.
Q. Okay. Have you -- did you ever see a
copy of it?
A. I don't recall if I did.
Q. Okay. So, you probably know a little bit
about the ground rules, then, if you've had your
deposition taken, but I'll refresh them for you
just so we're all clear today. We'll talk one at
a time. If you don't understand anything that I
ask you, I'll explain it. You can't nod. No
"mm-hmm." No shakes of the head. Everything has
to be verbal and oral. Do you understand all
that?
A. I understand.
Q.. And you understand that you're under
oath?
A. Yes.
Q. Okay. And you understand that this is
your testimony just as if we were at trial?
A. Yes.
Q. And we can use this at trial?
A. Yes.
Q. You understand that?
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e-mail from Bob Donat to me -Q. Okay.

A. -- and the original affidavits, the three
affidavits -Q. Okay.
A. -- that were filed regarding this case.
Q. Okay. And can we make copies of all
these documents here? Okay. Can I go ahead and
look at those -A. Sure.
Q. -- what -- everything that you brought?
And -- and we'll go through these -- we'll go
through these in the course of your deposition and
-- and make copies of everything. Can I see the
rest of your file?
A. Oh, did I not give you the other
affidavit -- here.
Q. Okay.
A. These are blank papers.
Q. Okay. And then this is a corporate
minute meeting book that you brought?
A. Yeah.
Q. Okay. Can I look at that?
A. Sure.
Q. Is this something that we can copy here?
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A. (The witness nodded.)

Q. Okay. And you understand that this is a
pursuit of the truth?
A. Yes.
Q. And nobody's here to trick you, so if you
don't understand something, I'll explain it. All
we're trying to do is get to the truth of the
issues. Do you understand that?
A. Yes.
Q. Okay. Do you have a copy of the subpoena
and the notice of deposition that was sent to you?
A. No.
Q. You were given in -- a copy of the -A. Yes.
Q.. -- notice? Okay. Did you bring any
documents with you to this deposition?
A. You want to know what I brought with me?
Q. I asked -A. I -Q. -- did you bring any documents with you?
A. Yes.
Q. And what are they?
A. Corporate minutes book. That's this.
Q. What else?
A. I brought the subdivision plat and an
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VIDEOGRAPHER: Mm-hmm.
Q. (By Ms. Tranel) And this is -- okay.
Okay. So we'll go through these. What's your
mailing address?
A. 14 Scenic Drive, Whitehall, Montana 59 -COURT REPORTER: Can you spell that,
please?
THE WITNESS: I'm sorry?
COURT REPORTER: I'm sorry, what was that
street name?
THE WITNESS: Scenic, S-c-e-n-i-c Drive,
Whitehall, Montana.
Q. (By Ms. Tranel) And the zip code there?
A. 59759.
Q. Okay. And where is that property
physically located?
A. It's between Butte and Whitehall, in the
Upper Radar Creek area.
Q. Which is north or south of the
interstate?
A. It's south of the interstate.
Q. Okay. Near Pipestone?
A. Yes.
Q. Okay. Off of Old Highway 2?
A. Yes.
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Donald Bernard
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Q. Okay. Do you actually live on the
2 property there?
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A. Yes.
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Q. Okay. And how many acres do you own?
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A. 40.
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Q. And is it in your name?
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A. My name and my wife.
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Q. Are you -- you're joint tenants?
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A.. Pardon?
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Q. Are you joint tenants?
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A. Yes.
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Q. When did you buy it?
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A. I believe it was 1996.
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Q. Who did you buy it from?
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A. Mary Toff.
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Q. And how did you pay for it?
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A. How do you mean that?
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Q. Cash or finance?
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A. Oh, finance -20
Q. You financed it?
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A. -- and cash.
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Q. Who did you finance it with?
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A. Associates Finance, which then became
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Q. Have you ever done any work on your
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A. I'm employed.
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Q. For -- with whom -- by whom?
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A. Glacial Energy.
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Q. Glacial Energy? What is that?
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A. It's a power -- or energy company.
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Q. Where is it headquartered?
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A. U.S. Virgin Islands.
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Q. Who owns it?
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A. I'm one of the owners.
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Q. Share -- it's shareholders? Who are
11 the -12
A.. Yes.
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Q. -- who are the major owners of it?
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A. The names of the major owners?
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Q. Yeah.
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A. Gary Mole and myself and my wife.
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Q. What's your ownership percentage in that?
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A. It's about 35 percent.
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Q. Okay. What does that company do?
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A. It's -- it buys power -- electric
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Q. Mm-hmm.
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A. -- and sells electric power.
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Q. Does it -25
A. And it does -- it does some other
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house?
A. Yes.
Q. Can you describe that?
A. We added a garage and a connection from
the house to the garage, which is like a sunroom.
Q. Mm-hmm. Did you work on the house
itself?
A. Well, we've replaced the roof one time -Q. Mm-hmm.
A. -- but otherwise, just the usual
maintenance things.
Q. When did you add the garage and the
sunroom?
A. It was finished in 2006.
Q. And how long did that -- when did it
start?
A. Probably a year -Q. Okay. Who paid for that -A. Or -Q. -- work?
A. I did.
Q. You did? Okay. And do you own any other
real property in Montana, other than the 40 acres?
A. No.
Q. Okay. Are you currently employed?
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activities, but that's the main thing.

Q. Does it generate power?
A. No.
Q. Just buys and sells?
A. Yes.
Q. Doesn't distribute?
A. No.
Q. Does it own any assets?
A. Uh -- like what?
Q. Hard assets?
A. Um, no. It -- other -- well, of course
it owns office equipment, computers -Q. Mm-hmm.
A. -- things like that.
Q. What are -- where are its offices located
other than the Virgin Islands?
A. Um, from the Midwest to the East Coast,
in different cities.
Q. Can you name them?
A. There'd be Houston; Dallas; Chicago;
Washington DC -- just outside Washington -Sandwich, Massachusetts; and I think -- those are
the main ones.
Q. How many employees does the company have?
A. In the power gen -- in the power sales,
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Donald Bernard
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probably a hundred and thirty or forty, something

like that.
Q. Are there other employees in other areas?
A. Yes.
Q. And can you tell me about that?
A. We have a mining division.
Q. Oh, you do? What do you mine?
A. Cassiterite, primarily.
Q. And where do you -- where's the mine?
A. In Democratic Republic of Congo.
Q. Okay. And who runs that?
A. We have a general manager that does that.
Q. Mm-hmm. And do you oversee those
operations?
A. Yes.
Q. You do? Okay. What's your -- what's
your job with this company? What do you do?
A. I'm actually the chairman of that
corporation there, and then I'm an adviser to the
main company.
Q. Okay. So the main company is -A. Glacial -Q. Oh -A. -- Energy..
Q. -- okay. And what are its subsidiaries?
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A. The entire operation started many years

ago and I have no idea what date it was. It
evolved, finally, into what it is today.
Q. What year -- can you guess?
A. In the mining part, probably started
in -- around 1998, something like that.
Q. And the other part -- the power buy-sell?
A. Well, the origin of that was probably
about the same time -Q. Okay.
A. -- but I wasn't involved in that. That's
when the other shareholder was doing the power
business.
Q. And the other shareholder was Gary?
A. Gary -Q. Okay.
A. -- yeah.
Q. So there are two of you?
A. Yes.
Q. Okay. When did you invest in the power
part of it?
A. It was over a period of time, probably
starting in -- well, I -- I can't give you an
exact time. It was probably -- I was starting to
work in that area in the -- maybe 2003 or so.
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A. Glacial Energy, LLC.
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Q. And anything else?
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A. No. I think -- we -- I think it has one
4 other, which is Glacial Energy New York.
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Q. Mm-hmm.
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A. I believe that's where it is now.
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Q. Mm-hmm.
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A. I just advise to that company; I'm not an
9 officer of that company.
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Q. Are you an officer in the parent company?
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A. No. That's what I'm talking about.
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Q. Okay -13
A.. No, I'm not.
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Q. -- in the subsidiary, are you an officer?
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A. In the subsidiary, yes.
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Q. And what's your title?
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A. Chairman.
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Q. Okay. And you own shares in that one as
19 well?
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A. No, that's owned by Glacier -21
Q. It's -- oh, okay.
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A. -- Glacial -23
Q. Okay.
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A. -- Energy.
25
Q. When did you invest in Glacial Energy?
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Q. Okay. When you say you were starting to

work in it, does that mean that's when you
invested in it?
A. When -- yes. I -- I started working in
developing that business, studying the issues that
were happening at the time because this was around
the time of Enron and, um -- and the company up
here, which was Touch America -- originally
Montana Power -- and seeing what we could do in
that area.
Q. And it -- my question was: Is that when
you invested in it?
A. That's when we -- yes, I think so. It
would have been about that time.
Q. Okay. So your initial investment in the
power company was about 2003?
A. I believe it's somewhere in that time -Q. Okay. And then -A. -- frame.
Q. -- you had previously invested in the
mining portion of the company? Is that what you
said?
A. I started on that, um -- yes, I was doing
research at that time -Q. Mm-hmm.
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A. -- in both things, we were doing

research, trying to determine exactly what
opportunities were available -Q. Had you -A. -- and what -Q. -- invested in it?
A. Well, yes, it costs money to do this -Q.. Okay.
A. -- yes.
Q. Okay. So you invested money into the
mining portion of it when?
A. Probably starting in about 1998.
Q. Okay. All right. Um -- and we'll come
-- we'll come back to that, but I wanted to go
through your employment history. So you're
currently employed with Glacial Energy?
A. Yes.
Q. As -- do you have a title? You said
you're chairman of -A. No, I'm -Q. -- the subsidiary -A. -- adviser to the board.
Q. That's your title? You're -A. Yeah.
Q. -- an adviser to the board?
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seasonal employee -- is it summers or -A. Summers.

Q. -- what season? Okay. And she's still
doing -- will she do that this summer?
A. Yes.
Q. Okay. Is she compensated by Glacial
Energy for her consulting work?
A. Yes.
Q. Okay. How much?
A. I think it's around 2,000 a month.
Q. Okay. Um, do you currently get any kind
of Social Security, any other federal kind of -A. Yes.
Q. You do? Okay. Um, can you tell me about
your military experience?
A. I was in the U.S. Navy.
Q. When did you -- did you enlist, or were
you drafted?
A. Neither.
Q. How did you get involved in the U.S.
Navy?
A. I was commissioned an officer in the
Navy.
Q. What -- can -- I don't understand what
that means. Can you tell me? I don't understand
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A. Yes.
Q. Okay. Are you compensated for that
position?
A. Yes.
Q. How much?
A. It varies, but probably in the range of
200,000 a year. I -Q. Any other benefits -A. -- it varies, though.
Q. Any other benefits? Health insurance?
A.. No, I don't have other benefits.
Q. Okay. Is your wife employed by the
corporation?
A. Yes.
Q. And what's her title?
A. She just does consulting for it.
Q. Okay. And does she also currently work
for the park service?
A. Just seasonally.
Q. Okay. So she's not a full-time employee
there?
A. That's correct.
Q. And is it the federal -A. Yes.
Q. -- park service? Okay. And she's a
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that process.
A. Well, you asked me whether I enlisted or
drafted. I said no, I was commissioned as an
officer in the Navy.
Q. When were you commissioned?
A. 1954.
Q. By whom?
A. The President of the United States.
Q. The President called you up and asked you
to serve in the Navy?
A. No. The President appoints every officer
of every military branch.
Q. Okay. So explain to me how you were -how you came to be commissioned as an officer.
A. I went through the training -Q. Okay.
A. -- that the Naval ROTC program has.
Q. So you joined the ROTC in college -A. In college -Q. Okay.
A. -- yes.
Q. So you -- so you volunteer -- voluntarily
en -- you enlisted, but it's not really
enlisting -A. No, I didn't enlist; I took the course in
9 (Pages 30 to 33)
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college -Q. Right.

A. -- and signed an agreement with the Navy
to accept a commission.
Q. What does ROTC stand for?
A. Reserve Officers' Training Corp.
Q. So once you went through that program,
you became an officer?
A. It's a four-year program; at the end,
you're commissioned.
Q. Okay. And so you -A.. But the commissions are issued by the
President -Q. Okay.
A. -- technically.
Q. Okay. And then when you were
commissioned, where did you serve?
A. I served in a lot of places. The
Pacific -Q. Mm-hmm.
A. -- the Atlantic -- is that what you mean?
Q. Yeah, I'm just -- where -- where did you
go? When -- once you became an officer, where did
you go? What did you do?
A. I was on a minesweeper.
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Q. Mm-hmm.
A. -- area.
Q. And what did you do on the destroyer?
A. I was, um, a deck officer -Q. Mm-hmm.
A. -- which meant that I was -- I served as
officer of the deck -Q. Mm-hmm..
A. -- underway -Q. Mm-hmm.
A. -- and in port, and, um, damage control
officer.
Q. Okay. And then that lasted until what
year?
A. 1956.
Q. And what did you do after that?
A. I went back to school.
Q. Okay. So you resigned from the
military -A. No.
Q. -- at that point?
A. No.
Q. You remained in the military?
A. Yes.
Q. Okay. And when -- how long did you serve
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Q. Where were you on a minesweeper?

A. We were on the West Coast and up through
Alaska -Q. Uh-huh.
A. -- and Lucian's area.
Q. What year was that?
A. '54, '55.
Q. Okay. And how long did you do that?
A. '54 until mid-'55.
Q. Okay. And then what did you do after
that?
A. I went to a destroyer in the Seventh
Fleet.
Q. Okay. And how did that come to happen?
A. You get assigned -Q. Okay.
A. -- by the Navy -Q. Okay.
A. -- where -- wherever they need you.
Q. Okay. And then how long were you on that
destroyer?
A. Oh, about one year.
Q. And where was that?
A. It was in the -- it was Korea, Vietnam,
Malaysia --
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in the military?
A. I was in the active reserve for another
18 years.
Q. Okay. And what were your duties in the
active reserve?
A. I was assigned to an intelligence
division.
Q. Mm-hmm.
A. I then was in the Submarine Division.
And then I was in the Anti-submarine Division, and
then public relations.
Q. And what did you -- what did you do for
-- in those jobs? How often did you actively
serve in those roles?
A. Once -- one weekend per month, I would,
um, go to the training for that position. And
then every quarter, we would go to sea for three
days.
Q. So, four times a year?
A. About 16 times a year.
Q. Okay. But you were at sea -A. Four times a year -Q. Okay.
A. -- no, correction: Five times a year -Q. Okay.
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A. -- because there was a two-week period,

also.
Q. Okay.
A. That -- this was active reserve -Q. Okay.
A. -- not just standby.
Q. What's the difference?
A. Well, active, you're in training
constantly, and you're assigned to sea billets
that you go to in case they need you -Q. Mm-hmm.
A. -- for longer than the two weeks. You
have a place to go.
Q.. Mm-hmm. Where did you go? Just give me
some examples of places where you went during the
course of that time, when you were doing that.
A. Sometimes I'd go to Long Beach,
California.
Q. Mm-hmm.
A. Sometimes Charleston.
Q. Mm-hmm.
A. Sometimes to Washington DC -- to the
Pentagon.
Q. Okay. Were you -A. And New Orleans.
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Q. All right. Were you born there?

A. Yes.
Q. How many brothers and sisters do you
have?
A. Three.
Q. Brothers or sisters?
A. One brother and two sisters.
Q. And where do they live?
A. One lives in Houston; one lives in
Dallas; and -- well, actually, one brother lives
in Houston; one sister lives in Houston; one
sister lives in Dallas.
Q. And where'd you go to high school?
What's the name -A. San Jacinto High School.
Q. What's the name of it?
A. San Jacinto.
Q. Is that a public high school or a -A. Yes, it's a public high school.
Q. Okay. Is it still there today?
A. It's a community college.
Q. Oh, okay. And then where'd you go to
college?
A. University -- are you talking about each
college that I attended?
39
41
Q. Okay. And when did you retire from the

military?
A. I believe the date was in 1976.
Q. Okay. And what -- what -- at what rank?
A. Commander.
Q. Okay. And when you were first -describe the different ranks to me. When you
first came in, what rank were you?
A. Ensign.
Q. And then how did you -- what are the
ranks between ensign and commander?
A. Lieutenant junior grade -Q. Mm-hmm.
A. -- lieutenant, lieutenant commander,
commander.
Q. Okay. Were you honorably discharged?
A. I was honorably retired -Q. Okay.
A. -- not discharged. I'm still not
discharged.
Q. Okay. Tell me about your education.
Where'd you go to high school?
A. In Houston.
Q. Okay. Is that where you grew up?
A. Yes.
1
Q. Did you go to more than one?
2
A. Yes.
3
Q. Okay. Yeah, tell me the colleges that
4 you went to.
5
A. University of Guatemala.
6
Q. Is that where you started after high
7 school?
8
A. That's the first one I went to.
9
Q. Did you go right out of high school?
10
A. Yes.
11
Q. Okay.
12
A. But that was just summer school.
13
Q. Okay. And then where?
14
A. University of Michigan.
15
Q. Okay.
16
A. University of Texas.
17
Q. Any others?
18
A. Took some courses at the University of
19 Houston.
20
Q. Okay. Where did you graduate from?
21
22
Q. And what was your degree in?
23
A. I have three degrees.
24
Q. What were they in?
25
A. BA, JD, and LLM.
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Q. What was your undergrad degree in?

A. It was primarily political science and
economics.
Q. Okay.
A. But it was a combination program, so. . .
Q. In those two fields?
A. Yeah.
Q. And where -- and did you go to law school
right after college?
A. Well, it was combined with the entry
courses for law school.
Q. Okay. So -A. That's what I was referring to, so -- I
went directly into law school -Q. Okay.
A. -- in the third year, but I didn't
graduate at that time because that's when I -- I
went into the Navy.
Q. Okay. Which law school?
Q. Okay. And you went into the Navy instead
of finishing law school?
A. At that time, yes.
Q. Okay. And then you did the two-year
stint in the Navy and came back to school?
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Q. -- to get your LLM?

A. Yes.
Q. Or five years?
A. Well, it'd be five years, I guess.
Q. Okay. And what's your LLM in?
A. It's -- it deals with the international
practice of special verdicts that are used in
Texas -- the origin and development of it.
Q. Of special verdicts in Texas?
A. Yes. That's what the research was in.
Q. Okay. Did you graduate with any honors
or any kind of special status?
A. I graduated with honors, yes.
Q. You did?
A. Mm-hmm.
Q. Cum laude, summa cum laude -A. No, I was -- well, to the extent you call
it "honors," the Phi Delta Phi honorary -Q. Mm-hmm.
A. -- fraternity.
Q. Okay. Um, have you ever taken a bar
exam?
A. Yes.
Q. Which one?
A. Texas.
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A. Yes.
Q. Okay. Where did you go back to school?
Q. And that was law school?
A. Yes.
Q. Okay. So what year were you in law
school when you came back?
A. '56 to -- well, it stretched out to about
'63 because I did the other degree, too, and I was
working, so. . .
Q. Okay. So when you say '63, did you get
your LLM in 1963?
A. Yes.
Q. Okay. So when did you get your JD?
A. '58 -Q. From which school -A. -- or '59 -- no, '58, I think.
Q. From which school?
Q. Okay. And then you stayed there for your
LLM?
A. Yes.
Q. Okay. And then it took you another four
years after that -A. Yes.
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Q. And did you pass it?

A. Yes.
Q. First time?
A. Yes.
Q. Okay. Have you ever been licensed to
practice law?
A. Yes.
Q. Where?
A. In -- well, in Texas.
Q. Okay. And, um, have you ever been
licensed anywhere else?
A. No.
Q. When were you licensed to practice law in
Texas?
A. It would have been 1958.
Q. And how long were you licensed to
practice there?
A. I retired in -- probably around 1990 -about 19 years ago, I guess, because I went into
business at that time.
Q. In 1990? So from 1958 to 1990 what were
you doing?
A. Well, I did different things. I
practiced, and I also, um, was in a company with a
couple of partners during the '70s.
12 (Pages 42 to 45)
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Q. What kind of practice did you have?

A. It's a business practice.
Q. Who were your partners?
A. Just my father.
Q. It was you and your dad?
A. Yeah.
Q. Okay.
A. Yes.
Q. And you did business law?
A. Yes.
Q. Give me an example of some of the work
you did.
A. I -- I would say formation of
corporations, working with the boards or the
owners of the companies in an advisory capacity -Q. Mm-hmm.
A. -- and their businesses.
Q. Did you ever try any cases?
A. Some.
Q. Jury trials?
A. Some..
Q. One? Ten?
A. Not too many. I don't recall the number.
Q. Okay. Did you ever practice with anybody
besides your dad?
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state -A. Oh, no. No -Q. -- and appeals -A. -- the Supreme Court hears cases from
everyone -Q. Uh-huh.
A. -- and any case that came up on appeal,
they'd assign to different judges.
Q. So you worked for the Supreme Court, not
for the state?
A. I was working for the Supreme Court.
Q. Okay. For any particular justice on the
court or just for the court generally?
A. No, we were each assigned to a judge -different judges.
Q. Which judge did you work for?
A. Judge Griffin, Judge Culver -- primarily.
Q. Okay. And you wrote briefs for them,
like you were their law clerk?
A. Yes.
Q. Is that what you -A. Yes.
Q. -- you did? Okay. Okay. And then you
were also getting your LLM during that period of
time?
47
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A. No.
2
Q. Were you ever working as a lawyer other
3 than in private practice with your dad?
4
A. Pardon? Working -5
Q. Did you ever work for the state, for the
6 government -7
A. Yes.
8
Q. When? As a lawyer?
9
A. Yes.
10
Q. When?
11
A. In 1958 through 1960.
12
Q. What were you doing?
13
A. I was a briefing attorney.
14
Q. For whom?
15
A. The Supreme Court of Texas.
16
Q. And what did you do?
17
A. I was a briefing attorney.
18
Q. What kind of briefs did you write?
19
A. The Supreme Court in Texas just handles
20 civil -21
Q. Mm-hmm.
22
A. -- matters.
23
Q. Mm-hmm.
24
A. So it was civil matters.
25
Q. So you were writing briefs defending the
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A. Yes.
Q. Okay. And then after that, when did you
go into practice with your dad?
A. No, I went from there to the attorney
general's office -Q. Okay.
A. -- as an assistant attorney general in
Texas.
Q. Okay. Prosecuting cases?
A. No, we didn't do criminal.
Q. You just did civil work?
A. Civil.
Q. Okay. And what did you -- what -- what
kind of cases did you handle for the AG's office?
A. Um, cases involved with the trust
division.
Q. So you were in a -A. Charitable trust division.
Q. Okay. Which means what? What were you
doing?
A. We had cases where the state was acting
as a trustee or was a beneficial owner of some
asset.
Q. How long did you do that?
A. About a year and a half.
13 (Pages 46 to 49)
Donald Bernard
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Q. Okay. And what did you do after that?
2
A. Private practice.
3
Q. Then you went in with your dad?
4
A. Yes.
5
Q. Okay. And what -- did you tell me what
6 town that -- where were you in Texas?
7
A. Houston.
8
Q. You were in -- that was all in Houston?
9
A. Yes.
10
Q. Okay. And you did that until 1990?
11
A. Approximately, yeah.
12
Q.. Was your dad with you that entire time?
13
A. Well, at that time, he died. And that -14
Q. When did he die?
15
A. Pardon?
16
Q. When did he die?
17
A. That would have been 1988. And so I just
18 ended up finishing up some things that he was
19 doing -20
Q. Mm-hmm.
21
A. -- and that was it.
22
Q. And then you closed it up?
23
A. Yes.
24
Q. Okay. And then what did you do in 1990?
25
A. That's when I started, um, doing work, um
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A. Yes.
Q. -- that you were teaching? And that's
when you developed your contacts?
A. Yes.
Q. Okay.
A. But I had contacts before.
Q. What kind of contacts?
A. International contacts.
Q. Friends? Business?
A. Well, business and friends.
Q. How did you meet them?
A. Well, I -- I -- what do you mean, how did
I meet them?
Q. Well, what's a "contact" mean to you?
What does that -A. A contact means I either had a friend or
a business con -- business associate.
Q. Where did you acquire those
relationships?
A. I met people in a lot of different
places. I was active in aviation -Q. Mm-hmm.
A. -- and you just meet a lot of people. I
was not just sitting in an office.
Q. Mm-hmm. So, through your different
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-- some work in the Middle East. And I think

primarily -- well, let me back up a minute. I'd
done work prior to that time in Abu Dhabi and
Jordan, and then early '90s, I was doing
similar-type work in that area and the same -well, mainly in Jordan and then Egypt.
Q. Mm-hmm. How did you come to be doing
work over in Jordan and Egypt?
A. I had a lot of contacts and -- or have -Q. Mm-hmm.
A. -- contacts in that area, and I had
taught -- at that time, the other thing I was
doing was teaching -Q. Mm-hmm. And -A. -- in the early '90s.
Q. -- where were you teaching?
A. At the University of St. Thomas.
Q. Okay. Where is that?
A. Houston.
Q. Okay. Is that a four-year -A. Yes.
Q. -- university? What were you teaching?
A. International law. And that's where I
made a lot of contacts.
Q. Okay. And that was in the early '90s --
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interests?
A. Yes.
Q. What -- um, tell me about your aviation.
Do you have a pilot's license?
A. Yes.
Q. Do you have one today?
A. Yes.
Q. Okay. And, um, commercial?
A. Yes.
Q. Okay. Instrument?
A. Yes.
Q. When did you get your instrument license?
A. About 1970 -- about 1970, I guess.
Q. Where did you go to pilot school?
A. Well, I had my original training in a
submarine school, which is three-dimensional
training.
Q. In submarine school, you learned to be a
pilot?
A. My initial instrument training -- yes,
it's three-dimensional -Q. Uh-huh.
A. -- so, then I went to private training
outside of that and I had a -- the more advanced
training with flight safety.
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Q. Uh-huh. So, you learned to fly in the

Navy?
A. No. I took the training for the
submarine. Of course, that's three-dimensional.
Q. Right.
A. The only difference is, you're in a
different fluid.
Q. Right.
A. It's the same.
Q. So, when did you get your private -A. 19 -Q. -- pilot's license?
A. -- 69, I believe.
Q. Okay. And where did you do your hours?
Where were you flying?
A. You mean the training --- initial
training?
Q. Yeah.
A. Besides the Navy -Q. Right.
A. -- part?
Q. Right.
A. That would have been in Houston.
Q. Okay. Was there a school, or did you
have a friend, or how were you --
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Q. Piper, Cherokee -- what?

A. No. Cessna, North American, Leer.
Q. Mm-hmm. How did you -- how did you come
to own these planes? Did you own them by
yourself?
A. No.
Q. With a group of people -- consortium?
A. With partner -- our partners.
Q. Who were they?
A. Oh, gosh, I think the first partner I had
was Jack Holden.
Q. Mm-hmm. And the two of you bought a
plane together?
A. Yes.
Q. Did he fly?
A. Yes.
Q. Okay.. And then over the years, you've
had other planes with other partners?
A. Yes.
Q.. Okay. And did they all fly?
A. No.
Q. Okay. What was their interest in owning
a plane?
A. They used it in the business, or I used
it in business. And not everybody was a pilot
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A. No, no, it was a school..

Q. Okay. What was the name of the school?
A. It was at Andrew Airpark. It was the
fixed base operator there.
Q. Okay. Um, and how did you fly -- were
you -- did you have your own plane? Did you lease
a plane?
A. For the training, I leased.
Q. Uh-huh.
A. Not leased, but rented.
Q. Right. And then when -- after you got
your license, how did you fly?
A. I would rent, and then I owned planes.
Q. Uh-huh.
A. So. .. .
Q. When did you own planes?
A. Oh, I can't give you the dates. I've
owned several.
Q. How many?
A. Prob -- I would -- I would say maybe six,
seven, something like -Q. Six or seven? What kind of planes were
they?
A. They were different kinds. They were
prop, turbo prop, and jet.
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because we had our own flight crews on the larger

planes.
Q. Where did you fly, generally? Around
Texas?
A. The U.S., Mexico, Belize -- primarily.
Q. Do you have to have a special license to
land internationally?
A. No.
Q. You can be cleared to land just with your
U.S. license?
A. Yes.
Q. Okay. Um, did you ever fly overseas,
um -- inter -A. Yes.
Q. Where?
A. Between the UK and, um, Austria -Q. Mm-hmm.
A. -- Switzerland.
Q. What size of plane do you fly in -- not
two-seaters?
A. No. Um, well, there's just different
airplanes -Q. But what -A. Well -Q. -- how -- how many passengers can you
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carry?
A. They vary between -- do you want to know
from the least number of passengers to the most
passengers?
Q. Mm-hmm.
A. Four to twelve.
Q. Okay. Um, and -- I should have asked you
at the -- at the beginning of the deposition, but,
um, do you drink?
A. I have wine occasionally.
Q. Do you smoke?
A. No.
Q. Um, have you taken any medication in the
last 24 hours?
A. No.
Q.. Is there any reason -A. Oh, yes. Yes. Just blood pressure
medicine.
Q. Anything else?
A. No.
Q. Anything that would affect your ability
to testify here today?
A. No.
Q. So no reason why your answers aren't
truthful and --
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A. Son.
Q. And the one in New York City?
A. He's a performer.
Q. What does he do?
A. He's in different plays on -- stage
productions -Q. So -A. -- on Broadway.
Q. -- actor?
A. Yes.
Q. What's the most recent play he was in?
A. He's done so many, I -- I don't -- he was
in Oklahoma; he was in, um, Jesus Christ
Superstar. He had the lead in that for a while.
Q. Have you ever gone to see him?
A. I've seen him in some of the stage
productions.
Q. Um, do you, um -- then your second -were you divorced from -A. Yes.
Q. Okay. When were you divorced?
A. It was around 1982.
Q. And then you met your second wife?
A. Yes.
Q. Okay. And do you have any children with
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A. No. I'm not under the influence of

drugs.
Q. Um, where did you meet your wife?
A. I met her in the home of a friend of
mine.
Q. When was that?
A. It was in 1984.
Q. Is she your first wife?
A. No.
Q. Okay. How many times have you been
married?
A. I was married before in 1959.
Q. Okay. And did you have children?
A. Yes.
Q. How many?
A. By the first marriage?
Q. Yeah.
A. Two.
Q. Okay. And where are they today?
A. One's in Houston; one's in New York City.
Q.. What do they do?
A. One -- the one in Houston does computer
programming for, um, businesses that require
music- and video-type programming.
Q. Son or daughter?
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her?
A. Yes.
Q. How many?
A. One.
Q. And where does that child live?
A. He is at the university here.
Q. In Bozeman?
A. Yes.
Q. At MSU? Okay. Studying what?
A. International business and sociology.
Q. Okay. Um, and you're still married.
What's your wife's name?
A. Elizabeth.
Q. Okay. Where is she from?
A. Iowa City.
Q. And did you meet her -- were you in
Houston when you met -A. No.
Q. Where were you when you met?
A. California.
Q. Okay. I thought I understood that you're
-- what were you, visiting in California?
A. Yes.
Q. Okay. How were -- were you on a trip or
--
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A. Yes.
Q. Okay. And where is she -- where is she
from?
A. Iowa City.
Q. She's from Iowa City? Okay. And you
were both in California on a trip?
A. Yes.
Q. Okay. At a conference?
A. No.
Q. What were you doing?
A. She was visiting her sister, and I was
visiting her sister and her husband. Same -- same
people.
Q. Okay. Explain that to me, because I'm
sure you're not related.
A. No, they -- my wife was visiting with her
sister -Q. Right.
A. -- and my friend was the husband of her
sister.
Q. Okay. I thought you said you were
visiting your sister, who was her sister.
A. No, no, no.
Q. Okay.
A. No.
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A. Yes.
Q. Do you speak any other languages?
A. I speak some Spanish.
Q. Did you -- were you trained, or did you
just teach yourself?
A. No, I took it in college.
Q. Okay. How fluent are you?
A. I'm only fluent if I'm there for a while
and I can practice because it's -- there's not
much opportunity here in Montana.
Q. Mm-hmm. When you say, "there for a
while," where do you mean?
A. 30 days.
Q. Where -- "there" is where?
A. In a Latin-speaking environment where
people speak Spanish.
Q. Where -- have you been in a
Latin-speaking environment where people speak
Spanish for 30 days?
A. I have been, yes.
Q. Where?
A. Mexico.
Q. Where else?
A. Guatemala.
Q. Anywhere else?
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Q. Okay. I'm glad you clarified that for

me.
A. No.
Q. Your friend was her sister's husband?
A. Yes.
Q. Do I have that right?
A. My wife's sister -Q. Yes.
A. -- was married to my friend.
Q. Okay. Got it. And you were both at the
house, and you -A. Yes.
Q. -- met there? Okay. When did you get
married?
A. 1986.
Q. All right. And did she -- you were in
Houston -- living in Houston. Did she move to
Houston with you, then, or -A. Yes.
Q. Okay. Where were you married?
A. In Cancun, Mexico.
Q. Did she have children from a previous
marriage?
A. No.
Q. Was that her first marriage?
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A. For 30 days, no.. I think that's the only

two places where I've spent that much time -Q. What were you doing -A. -- at one -Q. -- in Mexico for 30 days?
A. I was there for school. It's been a long
time ago.
Q. What -- what -- when we were covering
your school, you -- I didn't hear you say -A. That was on the way to Guatemala. So
between Mexico and Guatemala -Q. Mm-hmm.
A. -- we -- we stopped in Mexico for a
while -Q. Mm-hmm..
A. -- but went on down to Guatemala.
Q. Was it an exchange program you were on?
A. No, it was an extension program that
University of Houston had.
Q. So you were at University of Houston's
program in Guatemala -A. Yes.
Q. -- and you spent some time in Mexico on
the way?
A. Yes.
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Q. How long were you in Guatemala?

A. Well, I spent the summer -- I don't
remember the dates. This has been what: 50 years
ago.
Q. Mm-hmm.
A. No, I don't remember the dates, but it
was a summer program.
Q. Okay. So you spent 30 days in Mexico and
then went and spent the summer in Guatemala?
A. Whatever the time was. I don't remember.
Q. Okay. Um, so you mentioned the company
that you're currently involved in: Glacial. What
other companies are you -- do you own stock in any
other companies?
A. No. I don't invest in the stock market.
Q. Okay. You don't invest in the stock
market. Okay. My question was: Do you own stock
in any other comp -- companies?
A. No, I can't think of any that I own stock
in.
Q. Okay.
A. Because I'm involved with Glacial, but I
don't -- not other companies, no.
Q. Are you a shareholder in any other
company?
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board of governors at that university foundation?

A. I was asked to be on it by members of the
board of governors.
Q. Okay. How big was that board?
A. I think there were about ten people.
Q. Okay. How long did you serve?
A. About four or five years.
Q. Okay. And how often did you guys have
meetings?
A. We conferred on the phone fairly
frequently, and I was over there probably three or
four times a year.
Q. Where is "there"?
A. In the Philippines.
Q. Okay. Where in the Philippines?
A. In Manila, primarily.
Q. Okay. At the university?
A. No. Angeles University is in Angeles
City, and I would be up there some -- I'd been
there, but -Q. Angeles City where?
A. In the Philippines.
Q. Okay. How far away from Manila is that?
A. It's about a three-hour drive.
Q. Okay. So how often did you go to Manila?
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A. No.
Q. Okay. Um, have you ever been a director
or officer of any other company, other than the
one you're currently involved in?
A. Yes.
Q. What companies?
A. Are you talking about for profit or
profit or what?
Q. All of them.
A. All of them?
Q. Mm-hmm.
A. Angeles University Foundation.
Q. What's that?
A. It's a university in the Philippines.
Q. Uh-huh. And what's your role there?
A. I was on the board of governors.
Q. Can you spell the name -- what is it -the Angeles -A. Angeles. A-n-g-e-l-e-s.
Q. E-s. Okay. And you were on the board of
governors?
A. Yes.
Q. When?
A. This was during the '90s.
Q. Okay. How did you come to be on the
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A. About three or four times a year.

Q. A -- for four or five years?
A. Yes.
Q. And did they pay for your flight?
A.. This was a nonprofit and they did not
pay. I was really contributing my time.
Q. So you were out-of-pocket all those
expenses?
A. Yes.
Q. So were you compensated for your position
on the board?
A. No.
Q. Okay. So -- it was totally volunteer?
A. It -- it was volunteer.
Q. And what was your interest in that? Why
were you doing that?
A. Because we had some other business over
there at the time, and so I would do it as a
combination trip -Q. Who is "we"?
A. -- a lot of times. Um, we had, um,
several people that were interested in projects
over there. Um, one was a gentleman by the name
of John Doering. And we went over there -- we
were doing some research. We were thinking about
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doing a, um, project on a old ship and some other

similar-type things that we had heard about there,
and it -- we were -- it was an interesting thing
for us to do. He's a professional marine engineer
photographer.
Q. Who is "we"?
A. John Doering and me.
Q. Okay. So the two of you were going into
a joint venture?
A. Well, we were doing research at that
time.
Q. About what?
A. About these sites that we understood were
there -- the ships that had not been explored at
all, and we were looking at those, primarily.
Q. Sunken ships?
A. Yes.
Q. Okay. And you were exploring them or -A. Yes. We were just documenting what they
were.
Q. Okay. Was anybody paying for this
research?
A. No. We were doing it ourselves.
Q. Was the government involved in any way?
A. No.
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the same -- during that same four-year period of

time -A. Yes.
Q. -- that you were on the board of the -A. Yes.
Q. -- university? What years were they -those?
A. I don't recall exactly, but it was
probably between -- it would have been early '80s.
Q. Mm-hmm. That was the first board that
you were ever on?
A. No.
Q. Okay. What was the first board you were
ever on?
A. I don't recall which was the first one.
Q. Okay. Would've been before the '80s?
A. Yes.
Q. All right. Well, tell me which other
boards you were on.
A. So, back -- okay. Do you want me to go
back 30 years?
Q. Mm-hmm.
A. During the '70s, I was on the board of
Main Corp.
Q. What's that?
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Q. You were just doing it because you were

interested?
A. Yes.
Q. Okay. And how did you get hooked up with
this John Doering?
A. Well, one of the things -- one of my
hobbies had been diving -Q. Mm-hmm.
A. -- because we had taken initial training
in that in the Navy -Q. Mm-hmm.
A. -- and he was a professional diver -Q. Mm-hmm.
A. -- and we met in the course of my diving
experiences and became friends.
Q. Did anything come of that research?
A. Um, he went on -- yes. He -- not out
there. He did some other projects that I was not
involved in.
Q. Mm-hmm.
A. So he did the Atocha wreck.
Q. Did you write anything -- summarize it?
Publish anything about your -- what you'd done?
A. No.
Q. Okay. Um, and so this was happening at
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A. No, no. No -- yeah, Main Corp. It was

an engineering -- precision engineering tool-type
company.
Q. Where was that located?
A. Freeport, Texas.
Q. Okay. And what did they do?
A. They did precision machining.
Q. What does that mean?
A. A precision machine operation is an
organization that works with metal. And it
doesn't just cut pieces of metal; it machines and
maintains equipment that has close tolerances in
their equipment.
Q. When you say "metal" -- steel, aluminum,
tin?
A. Any kind of metal.
Q. Did you know or did you -- I mean, were
you involved in that -- at that level?
A. No, I didn't do it -Q. Okay.
A. -- I was on the board.
Q. What was your role on the board?
A. I was a member of the board.
Q. Well, did you have any title other than
just a member?
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A. No.
Q. How many members were there?
A. There were five, I believe.
Q. Okay. And what was your term there?
A. I was probably on that board for -- mmm,
three, four years, something like that.
Q. Okay. Were you compensated?
A. Yes.
Q. Do you remember how much?
A. No.
Q. Okay. And where were the meetings held?
A. Generally, in the company offices at
Freeport.
Q. Okay. How far from Houston was that?
A. An hour's drive.
Q. Okay. You drove back and forth?
A. Normally I would, yes.
Q. Or you'd participate by telephone?
A. Yes.
Q. Okay. And did you have any
administrative duties, other than participating in
the meetings?
A. No.
Q. Okay. What other boards were you on?
A. Port City State Bank.
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were asking about -Q. This was in the '70s -A. -- I think, the '70s.
Q. I'm just asking about your boards -memberships and affiliations. The next one you
said was Port City Bank?
A. Yeah. What -- what was your question?
Q. When were you on the board of Port City
Bank?
A. I don't recall the dates.
Q. Can you give me a general parameter and
decade? The '70s or the '80s -A. The '70s.
Q. It was in the '70s?
A. Yes.
Q. Okay. And where were the meetings held?
A. At the bank.
Q. In Houston?
A. Yes.
Q. Okay. Were you compensated?
A. Yes.
Q. Okay. Do you remember how much?
A. No.
Q. What other boards?
A. Union Bank.
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Q. And what was that?
2
A. It was a bank.
3
Q. Okay. Where was it located?
4
A. Houston.
5
Q. Right. Regional? National?
6
A. It was just a state bank -7
Q. Okay.
8
A. -- not regional.
9
Q. Only in Texas?
10
A. Yes.
11
Q. Okay. And what was your role on that
12 board?
13
A. Just a member of the board.
14
Q. How many board members were there?
15
A. I don't recall.
16
Q. 50? 2 -17
A. No, no. 50? No.
18
Q. Less than five?
19
A. No, it was between 10 and 20.
20
Q. Okay.. What years were you on that board?
21
A. I really don't recall the time -22
Q. '60s? '70s?
23
A. What?
24
Q. In the '60s?
25
A. No. I said this was in the '70s. You
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Q. And where was that bank located?

A. Houston.
Q. State bank? City? Regional?
A. State.
Q. Okay. And what did you do there? Just a
member of the board?
A. Just a member of the board.
Q. And how big was that board?
A. Between 10 and 20 people.
Q. Okay. And what period of time was that
when you served on that board?
A. That was in the '70s, also..
Q. Were you on these bank boards at the same
time?
A. Yes.
Q. Okay. Was there any conflict of interest
issue?
A. No.
Q. Okay. Did it -- did that ever come up?
A. It never came up.
Q. Okay. And did you serve as an attorney
for any of these boards?
A. No.
Q. Okay. Um, and were you compensated for
the Union Bank work?
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A. Yes.
Q. Okay. Do you remember how much?
A. No.
Q. Okay. What other boards were you on?
A. I was on one board for a short period of
time, a company by the name of Wolf International.
Q. What company is that?
A. It was an oil and gas company.
Q. An oil and gas company?
A. Mm-hmm.
Q. Where was it located?
A. Dallas.
Q. In Dallas? And how big of a company was
it?
A. What do you mean by "big"?
Q. Was it an international company? Was it
a -- just a U.S. company? Did it have -A. It had some business in -- besides the
U.S., in the Philippines.
Q. Was it bigger than Glacial Energy?
A. No, no.
Q. Okay. Employees at Wolf International?
A. I believe there -- they had a small
subsidiary and they only had about, I think, ten
employees, something like that.
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Q. You kept that all?

A. Pardon?
Q. You kept all the profit that you got when
you sold those?
A. Well, I -- it was paid to me, yes.
Q. Okay. What was the -- what did Wolf
International do besides oil and gas?
A. That's all, as I recall, except -- they
may have had some interest in a small mortgage
company.
Q. Okay. And I -- I'm sorry, did you -what years were you on that board?
A. I think it was late '90s.
Q. Late '90s? Okay. How -- and how many
years?
A. Probably a couple of years.
Q. About two?
A. About two.
Q.. Okay. And what was your role?
A. Member of the board.
Q. Okay. Did you ever have any other title?
A. No.
Q. How many board members were there?
A. Probab -- I think it was somewhere around
ten.
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Q. And what was your role with Wolf

International?
A. Just member of the board.
Q. Do you own any shares of that company?
A. I don't own any shares in that company.
Q. Did you ever?
A. Yes.
Q. How many?
A. I don't recall.
Q. Did you own shares while you were a
member of the board?
A. Yes.
Q. Okay. Were you given the shares, or did
you buy them?
A. I was given those as compensation.
Q. For being on the board?
A. Yes.
Q. Okay. And what years were you on the
board of Wolf International?
A. Probably -- I can't give you exact dates.
Think it would have been around 1998.
Q. When did you sell your shares?
A. Probably around 1999 or 2000.
Q.. What was the profit for those?
A. I don't recall.
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Q. And how did you come to be a member of

that board?
A. I was invited by the chairman.
Q. Who was that?
A. George Wolf.
Q. How did you know him?
A. I met him through other friends over the
years.
Q. Okay. Um, do you still stay in touch
with him?
A. No.
Q. Any other boards?
A. I can't think of any others right now.
Q. What's Metro Verde?
A. Oh, Metro Verde, that was a company in
the Philippines, yes. I was on the board there.
Q. And what was your role?
A. I was a member of the board.
Q. What kind of a company is that?
A. That was a real estate development
company.
Q. In the Philippines?
A. Yes.
Q. Okay. And how did you come to be
involved with that?
21 (Pages 78 to 81)
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A. Again, I was invited.

Q. By whom?
A. I believe it was the -- the one that
invited me, I believe, was a man by the name of
Precy Perlas.
Q. And how did you know him?
A. I'd known him for many years, just -- he
was a friend from quite a few years ago.
Q. From Houston?
A. No, he's from Manila.
Q. Okay. You'd met where?
A. I met him originally in Houston, I think.
Q. Okay. And when you say, "real estate
development" -- commercial? Residential?
A. No, commercial.
Q. And just in Manila or all over the
Philippines?
A. No, it was just outside. It was up
around Angeles City, also, where the university
was.
Q. Okay. Um, were you compensated?
A. I believe I received some compensation
for that. I don't recall what it was.
Q. Okay. Um, and how many board members
were there?
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A. -- well, I was.
2
Q. How?
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A. I was an adviser.
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Q. Okay. You weren't a part of the board?
5
A. No, I -- I don't believe I was on that
6 board.
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Q. Okay. What was your role with the
8 company?
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A. Adviser.
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Q. Okay. And who hired you?
11
A. That would have been Gary Mole.
12
Q. Okay. That was his company?
13
A. Yes.
14
Q. How do you spell "Mole"?
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A. M-o-l-e.
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Q. Where does Gary live now?
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A. Virgin Islands.
18
Q. Okay. Do you have an address for him?
19
A. No.
20
Q. Can you get me one?
21
A. I suppose I can get one, but I don't -- I
22 don't have it.
23
Q. Do you have a telephone number for him?
24
A. I have a phone number for him.
25
Q. Do you have a way to contact him?
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A. Not more than ten.

Q. Where were they from?
A. They were primarily -- or probably all of
them were Philippine.
Q. You were the only U.S. board member?
A. I believe so -- at that time. I don't
know before or after who was on the board.
Q. And what years were you a board member of
that corporation?
A. The early -- early '80s.
Q. Okay. And that was -- was that for
profit?
A. Yes..
Q. Okay. Any other boards?
A. I can't think of any.
Q. What's Energy West Resources?
A. Energy West? I don't know Energy West.
Q. You've never been affiliated with that?
A. I don't recognize that. Where is it?
Q. Do you know a -- what's Franklin Power
Company?
A. Yes.
Q. Are you affiliated with that?
A. Yes -Q. How?
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A. I can contact him, yeah.

Q. Okay. Um, and are you still with
Franklin Power today?
A. No. Franklin Power was merged -- or it
was terminated, and the business was taken over by
Glacial.
Q. When did that happen?
A. I would think it would have been around
two thousand and -- around 2005 -Q. What was it -A. -- roughly.
Q. How was it terminated?
A. Business was -- the company itself?
Q. Yeah.
A. I don't recall now how it was terminated;
it just -- the assets were -- were contracts and
they ran out, and then Glacial picked up the
contracts. So I don't know what happened to -- to
Franklin Power. As far as terminating it? Is
that what you're asking?
Q. I don't know what "terminating" means.
A. Well, I don't even -- I don't know what
you're asking.
Q. Was it -- did it go bankrupt?
A. Oh, no.
22 (Pages 82 to 85)
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Q. Okay. But its assets were sold?

A. No. They were contracts that -Q. Okay.
A. -- were completed -Q. Okay.
A. -- and the purpose for which it was set
up was finished.
Q. What was the purpose for which it was set
up?
A. Selling power -Q. Okay.
A. -- buying and selling power.
Q. Who were the contracts with?
A. Well, there were numerous contracts to -commercial and res -- and -- commercial and
business users.
Q. Okay. So they were all completed?
A. They were completed.
Q. Okay. And then Franklin Power took them
over?
A. No -Q. Or Glacial took over -A. -- Glacial -Q. Okay.
A. -- started with new contracts.
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Q. Who is that?
A. That's Peter Koeck.
Q. When did he buy into it?
A. That would have been around -- I think
about 2005.
Q. Okay. How much money did he buy into it
with?
A. I don't recall that there's any purchase
money used.
Q. How did he purchase that 10 percent
interest, then?
A. Did you say 10 percent?
Q. The -- the -- did -- I thought you told
me it was about 10 percent.
A. No, 15.
Q. Okay, I'm sorry. 15 percent.
A.. Yes.
Q. Okay. 15 percent interest is Peter
Koeck?
A. Yes.
Q. How did he acquire that 15 percent
interest?
A. It was compensation for a loan that he
had made.
Q. What loan did he make?
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Q. Okay. Doing the same thing?

A. Yes.
Q. Okay..
A. A different business model, but in the
same general business.
Q. Did you own shares in -- when it was
Energy West or when it was Franklin Power?
A. No.
Q. You didn't have any -- were any shares
given to you?
A. No.
Q. How about when it became Glacier -Glacial Power?
A. Yes.
Q. You own shares now. How many shares do
you own?
A. I don't know the number. It's -- I
already testified that we had about 35 percent
interest.
Q. Okay. And is Mole the only other
shareholder in the company?
A. There -- he, and then a smaller portion
is owned by one other shareholder.
Q. What percentage?
A. About 15 percent.
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A. I -- I don't recall the exact amount, but

he made a loan.
Q. When?
A. About 2005 -Q. Okay.
A. -- I believe.
Q. And you don't know the amount?
A. I don't recall the amount.
Q. Can you guess? Five dollars?
A. I can't guess.
Q. A million dollars?
A. I can't speculate on that. I -- I just
don't know.
Q. Where is that information?
A. I would imagine that the company has it.
Q. Okay. And you have access to it?
A. No. I'm an adviser to that company; I
don't have access to its books.
Q. Okay. Can you get that information for
me?
A. I don't know if I can get it, but you'll
have -- you can talk to my attorney about it. I
-- I -Q. Someone knows -A. -- don't know if I can get it.
23 (Pages 86 to 89)
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Q. Someone knows at the company?

A. Someone probably would know, yes.
Q. Okay. If you -- you and your wife have
35 percent?
A. Yes.
Q. Okay. Do you own those shares jointly?
A. Well, for the family, yes.
Q. What does that mean?
A. That it -- that means it's for my family.
Q. Whose name is on the shares?
A. They're being held just in -- for me and
my wife, my son -- one son.
Q. So whose name is on the shares?
A. They're held under an agreement with the
company and -- I don't know that they've actually
been issued, is my agreement, and that would be
about 35 percent.
Q. So they're not -- you don't have shares
in your name?
A. No.
Q. Okay. Are there shares in your wife's
name?
A. No.
Q. Okay. Are there shares in anyone's -A. No.
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Q. Okay. Where is it?

A. He has a copy there and I have a copy.
Q. Okay. What other companies are you
affiliated with in any way?
A. I'm not affiliated with any other
companies, other than the Glacial companies that I
mentioned to you. The mining operation, of
course, is a part of it, and that's under the LLC.
Q. What other companies?
A. The subsidiary name is Gemico, but it's
all part of the same thing. So when you say,
"other," are you referring to other in Glacial?
Q. Well, Gemico is a sub of Glacial -A. Yes.
Q. -- is that your testimony?
A. Yes.
Q. Okay. And then there's another sub of
Glacial, or is there only one sub of Glacial?
A. Only one sub.
Q. Okay. And that is Gemico -A. Mm-hmm.
Q. -- and that's the mining company?
A. Yes.
Q. Is that correct?
A.. Yes.
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Q. -- name that you're related to?

A. No.
Q. Okay. The company owns the shares?
A. No. They're -- they're -- they haven't
handed us share certificates, no.
Q. Okay. So, why not?
A. Because we have an agreement with them to
hold that interest for us.
Q. What's the -- why -- why are they holding
it for you?
A.. We just set it up that way.
Q. Why?
A. We wanted it to be held for our benefit,
and there's no reason to issue actual shares, as
far as I know.
Q. Okay. So you don't want the shares in
your name?
A. We can have any time we want them, but we
have an agreement for this 35 percent.
Q. Is that a written agreement?
A. Yes.
Q. Who is it with?
A. Gary Mole.
Q. The two of you signed it?
A. Yes.
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Q. Okay. And that's a completely separate

operations -A. Yes.
Q. -- than Glacial?
A. Yes.
Q. Is that right?
A. Yes.
Q. Okay. What other companies, other than
that -- Glacial and its sub, Gemico -- are you
involved with?
A. None.
Q. S & C Corporation?
A. Well, S & C, the one that we have here -Q. Mm-hmm.
A. -- but other than what the present
dispute is about, no.
Q. You're involved with S & C Corporation -A. S & C -Q. -- correct?
A. -- yes.
Q. Okay. So other than those two companies
-- Glacial and its sub and S & C -- are you
involved with any other corporations?
A. Active corporations -- I -- I'm sure I'm
on some old corporations as a registered agent --
24 (Pages 90 to 93)
Donald Bernard
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Q. Which ones?
Q. Which ones?
A. The -- Franklin Marketing.
Q. What's Franklin Marketing?
A. It's -- it was set up to do marketing for
Franklin Power years ago, but we never did
anything with it.
Q. You're the registered agent for that
company?
A. Yes.
Q. Where?
A. Here.
Q. In Montana?
A. Yes. But there is no business here, so
we didn't do anything.
Q. Is there business anywhere?
A. No.
Q. What other companies are you involved
with or affiliated with?
A. I believe that's it.
Q. Okay. What other companies have you ever
been involved with?
A. Oh, I couldn't even begin to tell you,
because over the years, there are many that we've
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Q. -- it's Glacial now. It's at -- where is

it headquartered?
A. Virgin Islands.
Q. Okay. Why is it headquartered there?
A. It was determined that was the proper
place for it to operate for, um, employees and
tax -Q. Who made that determination?
A. The -- the president of it made that
determination. I consulted with him on it and I
-- and we made that determination that it was the
logical place, along with attorneys and
accountants.
Q. Who is the president?
A. Gary Mole.
Q. Okay. And you advised him?
A. Yes.
Q. Okay. Do you give legal advice to the
corporations that you've been involved in over the
years?
A. No.
Q. None?
A. None.
Q. Okay. Have you -- have you ever worked
for any of them as an attorney?
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been -- that have been set up -Q. Mm-hmm.

A. -- and -- which is a normal thing you do
for other people, and I -- I don't have any
records about those. I don't even know what
happened to them.
Q. Okay. What other companies do you own
shares in?
A.. None that I can think of, other than the
ones that we have discussed already.
Q. Okay. And what other companies have you
owned shares in, in the past?
A. In the past 50 years?
Q. Mm-hmm.
A. I -- I couldn't even begin to tell you
that.
Q. Okay. Too many to remember?
A. Yes.
Q. Okay.. Um, okay. Where is Franklin Power
headquartered -- which is now Glacial? In the
Virgin Islands?
A. In -- well, it's not Franklin. Franklin
hasn't existed for years -Q. Right -A. -- as far as I know.
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A. No.
Q. Never?
A. Are we talking about Glacial?
Q. I'm talking about all the companies
you've ever been affiliated with.
A. In 50 years, I'm sure I did, but I'm -nothing recently. Not in -Q. Have you -- have you worked as an
attorney for a corporation?
A. Yes -Q. Which one?
A. -- I'm sure I did. I couldn't tell you.
There are probably dozens of them over the last 50
years.
Q. Okay. Were you ever inside counsel for
any corporation?
A. No.
Q. Okay. So your duties for the
corporations you were involved in were what?
A. There -- they -- I can't even answer
that.
Q. Creating LLCs?
A. What?
Q. Creating LLCs, setting them up? Just
give me a general description of that.
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A. Those were some of the major things that

I did, was establish the companies -Q. Okay..
A. -- yes.
Q. Any other corporations that you've been
involved with?
A. Well, as I told you, over 50 years, I'm
sure there are some, but I have -- I couldn't
possibly even tell you who they are.
Q. What is Sol Pico?
A. Sol -- Sol Pico? That's the Argentine
company. So you're talking about in Argentina
now.
Q. We're talking about companies you've been
involved with. What is Sol Pico?
A. That's a corporation in -- well, what do
you mean by "involved with"?
Q. Have anything to do with whatsoever.
A. I'm -- I'm not an officer or director of
Sol Pico.
Q. Are you involved with it in any way?
A. Yes.
Q. How?
A. Just as a owner -- part owner.
Q. What does that mean? Are you a
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2
A. I don't recall.
3
Q. How much did you pay for it?
4
A. It was about, um -- I don't remember the
5 exact price. It was over a million dollars.
6
Q. U.S. dollars?
7
A. U.S. dollars.
8
Q. And did you pay in U.S. dollars?
9
A. Yes.
10
Q. Okay. And when you say, "cash," did you
11 give them U.S. dollars?
12
A. Yes.
13
Q. Or a check?
14
A. We wired the funds.
15
Q. You wired the funds?
16
A. Wired -17
Q. Okay..
18
A. -- the funds.
19
Q. To whom?
20
A. To the owner -21
Q. And who was that?
22
A. -- the seller.
23
Q. And who was that?
24
A. I don't recall who that was.
25
Q. You sent a million dollars to somebody;
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1 shareholder?
2
A. Yes.
3
Q. What is Sol Pico?
4
A. It's a corporation.
5
Q. What does it do?
6
A. It has a ranch.
7
Q. Okay. Who are the owners of it?
8
A. Peter Koeck and myself.
9
Q. Okay. What's your ownership interest?
10
A. Half.
11
Q. 50 percent?
12
A. Yes.
13
Q. And Peter Koeck is the other 50 percent?
14
A. Yes.
15
Q. When did you acquire Sol Pico?
16
A. Probably in about 2006..
17
Q. How did you acquire it?
18
A. We -- we bought it from an Argentine
19 owner. Is that what you mean?
20
Q. Who was that?
21
A. I don't recall his name.
22
Q. Who did you, um -- how did you pay for
23 it?
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A. We paid cash for it.
25
Q. Okay. Did you deal with a real estate
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you can't remember who that was?

A. We had attorneys that handled it for us.
Q. Who were they?
A. Juan Chiesa..
Q. Where is he?
A. Buenos Aires.
Q. Okay. Do you have his address?
A. No.
Q. Can you spell his last name for me?
A. C-h-i-e-s-a.
Q. Okay. Was he the only attorney?
A. Yes -- at that time.
Q. You wired him the cash?
A. Part of it went through his trust
account, and I don't remember if -- if all of it
did or not.
Q. Okay. Where did the money come from?
A. We -- I don't remember which bank it came
from.
Q. Rocky Mountain Bank in Whitehall?
A. No.
Q. Was it in Montana?
A. No.
Q. Was it in the U.S.?
A. No.
26 (Pages 98 to 101)
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Q. Okay. So it was wired to Buenos Aires

from -A. It was an -- an external account. I
don't remember which bank it came from, though.
Q. What does "external account" mean?
A. Out -- well, you're asking me about U.S.
It was outside the U.S.
Q. You don't know where?
A. No. The bank -- you're asking me
specifically where it came from. I don't recall
which bank it came from.
Q. Okay. Did you and Pete each pay a
million?
A. No. That was the total price.
Q. How much did you pay?
A. Half of it was related to me and half was
related to him.
Q. Okay. Half is what?
A. Whatever the total price was. I don't
recall.
Q. Okay. So approximately half is what?
A. I don't know what the half is because I
don't remember the purchase price on that.
Q. Okay. Approximately how much did you
pay?
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Zurich, Switzerland?
A. We had cash in Switzerland -Q. Who's "we"?
A. -- well, it wasn't really -- I'm not sure
which bank this was in, but it was managed by
them.
Q. Who's "we"?
Q. Okay. You had cash in an account?
A. Yes.
Q. In Switzerland?
A. Well, no, I don't think the cash was in
Switzerland. It was managed there.
Q. Okay. How much cash did you and Peter
Koeck have?
A. That we transferred?
Q. Total.
A. Whatever the amount was that was
transferred, that's what we had at that time.
Q. Okay. And did you both have access to
that account?
A. No. Pete had access to it.
Q. Mm-hmm. Did you have access to it?
A. Under his instructions.
Q. Okay. And you had it wired from Zurich
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A. It had to be -- well, it's certainly less

than a million dollars. I don't remember the
amount.
Q. Okay. 500,000?
A. It could have been in that range, but I
don't know for sure what the final price was.
Q. Okay. Where did you get $500,000 in
cash?
A. It was from an account that was
maintained in Europe.
Q. Your account?
A. No.
Q. Whose account?
A. It -- it belonged to a trust.
Q. What trust?
A. The -- the one that managed it was Sinco.
Q. Spell that for me.
A. S-i-n-c-o.
Q. Okay. And who is Sinco?
A. It's a -- a trust company.
Q. Where are they located?
A. They're in Switzerland.
Q. Okay. Where in Switzerland?
A. In Zurich.
Q. Okay.. And you had $500,000 in cash in
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to where?
A. Whatever bank the attorney used. I think
he may have used Citibank.
Q. And where was that?
A. Probably -- I think it was New York.
Q. Okay. And it was wired from there to
where?
A. I don't know. It was his account -wherever the law firm maintained their account.
It -- it may have been Citibank Buenos Aires. I
don't know.
Q. Okay. And what does Sol Pico do on this
ranch?
A. It's a hunting ranch.
Q. Okay. What do they hunt?
A. Animals that are considered to be big
game.
Q. What kind of animals are those?
A. Like blackbuck, boar, red stag.
Q. Who runs it?
A. Peter Koeck.
Q. Okay. Anyone else?
A. No. He's the primary manager.
Q. Who works for him?
A. He has different locals that work for
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him.
Q. Do you know them?
A. I've met some of them.
Q. Okay. Did you hire any of them?
A. No.
Q. He hired them all?
A. Yes.
Q. Okay. How often do you go there?
A. Whenever I need to, I go there, and that
could be -- I don't have a regular schedule. It
could be whenever he needs me there.
Q. When did you acquire this in 2006?
A. Yes.
Q. When in 2006?
A. June of 2006.
Q. Since then, how many times have you been
there?
A.. Mmm, four or five times.
Q. Who pays for your tickets?
A. Sometimes I have paid for it and
sometimes he's reimbursed me.
Q. Okay. When you go there, do you take
cash to Pete?
A. No.
Q. None?
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Q.
A..
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
Okay. How many acres is that?

About 4500 acres, I guess.
And where is it located in Argentina?
Santa Rosa -- outside of Santa Rosa.
How far outside of Santa Rosa?
Perhaps 40 kilometers.
Okay. Does Pete live there?
Yes.
Do you stay with him when you go there?
Yes.
At his house?
Well, it's a lodge. Yes.
Okay. Does your wife go with you?
No.
Has she ever been?
No.
Your children?
No.
Okay. When did you first meet Peter?
About seven or eight years ago.
Where did you meet him?
In Montana.
Where?
In Upper Radar area, where I live.
Okay. How did you first meet him?
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A. None.
Q. Okay. Tell me more about the hunting.
A. What do you mean?
Q. Who hunts there?
A. Anyone that wants to pay to hunt -Q. Okay. Who do they -A. -- from anywhere.
Q. Who do they pay?
A. They pay Pete.
Q. How much?
A. I have no idea.
Q. How is it advertised?
A. He's had publicity through hunting
writers that write articles about him, and he
cooperates with another hunting operation down
there that goes to shows different places in the
world.
Q. Do you have copies of articles of these
publications you're talking about?
A. Mmm, no. I just know about them.
Q. Have you ever read them?
A. Some, yes.
Q. Okay. And how -- how big is this ranch?
A. It's 40 -- no, it's 20 -- about 2200
hectare, something on that magnitude.
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A. He was staying out there and I met him at

a friend's house the first time, as I recall.
Q. Who was he staying with?
A. He wasn't staying with him; I just met
him at the house of the Pennochs.
Q. Where was he staying?
A. At that time, I don't recall where he was
staying. I know he was up there, but I don't
think I knew at the time where he was staying.
Q. Okay.. Did you come to know later where
he'd been staying?
A. Sometime later, yes, I found out that he
was on the property of the Caples.
Q. How do you spell that?
A. C-a-p-l-e, Caple. I -Q. He was staying on their property?
A. Yes.
Q. With their permission?
A. Yes.
Q. Okay. In a house?
A. No.
Q. In what?
A. He had a tent up there.
Q. He was staying in a tent?
A. Yes.
28 (Pages 106 to 109)

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Q. Okay. And where did you meet him?
2
A. I met him, I believe, at the Pennochs'
3 house.
4
5
A. P-e-n-n-o-c-h-s.
6
Q. Okay. What are their first names?
7
A. Mike and Marilyn.
8
Q. Do they still live there?
9
A. One does; one doesn't.
10
Q. Who lives there?
11
A. Marilyn.
12
Q. Okay. And what happened at that first
13 meeting?
14
A. It was a friendly meeting.
15
Q. What happened?
16
A. What do you mean, what happened?
17
Q. Did you talk to him?
18
A. Yes.
19
Q. How did you become acquainted?
20
A. We were talking.
21
Q. Okay. Did you exchange phone numbers?
22
A. I don't know if we did or not at that
23 time.
24
Q. How long did you talk?
25
A. I have no idea. It's been a long time
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would be -- and the -- the energy -- we were

studying the energy industry at that time.
Q. Okay.
A. And mining.
Q. Okay. You were working for Glacial,
which was then Franklin?
A. No. At that time, I was independent. I
was doing my own research at that time.
Q. Okay. How were you getting paid?
A. I wasn't being paid.
Q. Okay. You had no income?
A. No, I had -- I have retirement income. I
have other income.
Q. Okay. What's your retirement income
from?
A. U.S. Navy, Defense Department, um, Social
Security, um, miscellaneous other things.
Q. From the corporations you've been
involved with?
A. No.
Q. Nothing from that?
A. No, not from other corporations.
Q. Okay. And what brought you to Montana?
A. My wife, as I told you, is a senior
supervisor --
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ago.
Q. And then when did you meet him next?
A. I saw him periodically up there on the
road.
Q. Did he have a car?
A. Yes.
Q. What kind of car -A. Not a car, he had a Hummer.
Q. Okay. And he was driving and you'd see
him on the road?
A. And he would stop and we'd talk.
Q. Okay.
A. Because he'd drive right by my house.
Q. What year was that?
A. Well, this started back, as I told you,
perhaps seven, eight years ago. I don't remember
the dates. It's been a long time.
Q. After 2000?
A. Shortly after 2000.
Q. Okay. And what were you doing at the
time?
Q. Where were you working?
A. At that time, I would have been working
on the same thing I'm working on now and that
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Q. Mm-hmm.
A. -- in the park service.
Q. Mm-hmm.
A. And she had her work up here; we'd be
here at least three months every year anyway -Q. Mm-hmm.
A. -- so we decided just to -- just move
permanently to Montana. This is where her work
was.
Q. When did you decide to move here?
A. We decided about 16, 17, 18 years ago,
something like that.
Q. Okay. When -- when did you buy the place
where you live now?
A. Well, we -- yes, but we were living in -outside Livingston before.
Q. Okay. On property?
A. Yeah, we owned.
Q. You owned it? Where outside of
Livingston?
A. Shields Valley.
Q. Okay. Did you sell it?
A. Yes.
Q. Okay. When you were coming up here for
the summers, where were you living?
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A. We were living in the parks on

government-provided housing.
Q. Which parks?
A. Grand Teton, and then, um -- yeah, Grand
Teton at that time.
Q. Okay. And when did you move to your
place outside of Whitehall?
A.. It's about 14 -- that'd be about 14 years
ago.
Q. Okay. So, you met Pete -- was it
summertime, wintertime?
A. I really don't recall when.
Q. Okay. He was living in a tent. Was that
your testimony?
A. He had a tent and he had his Hummer.
Q. Okay.
A. And -Q. Was he living in the tent?
A. Well, you know, as I recall, he -- he
liked his Hummer a lot, and he lived with the
Hummer and the tent -- the both.
Q. Okay. On -A. He traveled around.
Q. -- someone else's property?
A. Yes, with their consent.
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Q. One year? Five years?

A. I just don't know.
Q. Okay. And you came to be friends with
him?
A. Yes.
Q. Okay. And did you have him to your
house?
A. Yes.
Q. Did he ever stay with you?
A. No.
Q. Okay. Did he ever move out of the tent?
A. No.
Q. Did he ever own property around
Whitehall?
A. None other, except through S & C.
Q. He didn't ever buy any by himself?
A. That's correct -Q. Okay.
A. -- to my knowledge.
Q. And he never lived in a house while he
was living in the Whitehall area?
A. I believe that's correct.
Q. Did he ever stay in a house?
A. I don't know.
Q. You don't know. Okay. How often do you
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Q. Okay.
A. It was right off their driveway.
Q. Okay. And you had some interactions with
him?
A. Yes.
Q. Over what period of time?
A. The entire time he was up there.
Q. Which was how long?
A. He was up there until June of 2004 -- oh,
well, no, I -- I think he went to Nevada before
that. I don't remember the dates, but I would
talk to him on the phone.
Q. So you met him in Whitehall; he went to
Nevada, and then he came back?
A. I think he left the U.S. -- from Nevada,
not from here -- and Montana, as I recall.
Q. Okay. So how long was he in Whitehall?
A. I don't know how long he was in
Whitehall -Q. Outside of -A. -- area.
Q. -- Whitehall.
A. He wasn't in Whitehall, but outside.
Q. Right. How long was he in that area?
A. I don't recall.
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talk to Pete today?

A. It's sporadic. Whenever he wants to talk
or I need to talk, we talk.
Q. Do you call him?
A. You can't call him because of the phone
service. For some reason, it's not compatible
with his phones from here.
Q. Okay.
A. He calls me.
Q. So it works one way?
Q. His telephone.
A. It works when he calls from there.
Q. Okay. You can't call him?
A. I have to wait for him to call me. He
gets e-mail, though.
Q. Okay. You communicate with him by
e-mail?
A. Or our lawyer there.
Q.. Okay. And who is your lawyer there?
A. Luciano Alba.
Q. Spell his name for me.
A. L-u-c-i-a-n-o. Last name Alba, A-l-b-a.
Q. And where does he work?
A. He's in Santa Rosa.
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Q. Okay.
A. And his office can reach -Q. Do you have -A. -- Peter.
Q. Do you have an address for him?
A. I think he's -- I -- I -- yeah, I have an
address, I think, but I -- I don't know what it
is.
Q. How do you communicate with Luciano?
A. Well, his -- he has a landline.
Q. Mm-hmm.
A. So I can talk to him on the phone -Q. Okay.
A. -- or e-mail.
Q. You e-mail him -- okay. What telephone
number do you call him on?
A. I don't have that number.
Q. Do you have it somewhere?
A. Yes.
Q. Can you get it for me?
A. Well, you can talk to my attorney.
That's the same way I communicate with my attorney
here, is by telephone and e-mail.
Q. Do you have his phone number?
A. I don't have it with me, no.
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Q. You e-mail -A. -- e-mail.

Q. -- Luciano -A. Yes.
Q. -- and ask Pete to call you?
A. Yes.
Q. Okay. What computer do you use to send
those e-mails?
A. I have a commute -- a computer.
Q. In your house?
A. Yes.
Q. How many?
A. The one I use is the one that I -- the
one I normally use.
Q. You have one?
A. I have more than one, but the one that I
use -- well, I -- I might e-mail on another one if
I'm out of town. I'll use other computers.
Q. How many do you have?
A. Well, I use Hotmail -Q. Okay.
A. -- if I'm in other places.
Q. How many computers do you own?
A. I have two.
Q. Okay. Are they both in your house?
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Q. Can you get it?

A. I can get it, yes.
Q. Okay. And what language do you
communicate with him in?
A. English.
Q. Okay. He speaks English?
A. Yes.
Q. Fluently?
A. Yes.
Q. Okay. He speaks to Peter in what
language?
A. In Spanish and English.
Q. Pete speaks Spanish?
A. He's learned Spanish pretty well.
Q. Okay. What computer do you e-mail Pete
on?
A. When I'm not -- if I have to ask him to
call, then I -- I will go through Luciano -Q. Mm-hmm.
A. -- typically.
Q. When you say, "go through," do you mean
call?
A.. No, e-mail.
Q. Okay.
A.. You're asking me about --
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A. Yes.
2
Q. Okay. Are they both desktops or laptops?
3
A. Laptops.
4
Q. They're both laptops?
5
A. Yep.
6
Q. Who has access to them?
7
A. Well, anyone in my house.
8
Q. Which is who?
9
A. My wife, my son.
10
Q. Do they use them?
11
A. Yes.
12
Q. Okay. And which ones do you use to
13 communicate with Pete from? Both of them?
14
A. I would say both.
15
Q. Okay. Do you have any e-mail accounts
16 other than your Hotmail one?
17
A. Well, that's MSN.
18
Q. What's your e-mail address?
19
A. MSN.
20
Q. What is your e-mail address?
21
A. Donbernard@msn.com.
22
Q. Okay.
23
A. Yeah.
24
Q. And -25
A. But I get to it through Hotmail --
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Q. Okay.
A. -- most of the time.
Q. Okay. Um, do you have a cellphone?
A. Yes.
Q. Do you have a Blackberry?
A. Yes.
Q. Okay. Who -- who, um, bought those?
A. I don't remember if I bought it
personally or whether Glacial bought it.
Q. Can you find out?
A. I can -- I think this one may be within
the time that I have some records on it. I don't
know. It's not a new one. I've had it for a good
while -Q. The cell phone -A. -- the Blackberry.
Q. -- or the Blackberry?
A. Well, the Blackberry.
Q. Okay. What's the cellphone number?
A. (406) 490-2474.
Q. And what's your Blackberry number?
A. No, that's it. That's the only one I
use.
Q. So your cellphone and your Blackberry are
the same thing?
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Q. Okay. Do you have a personal credit

card?
A. Yes.
Q. And do you have an S & C Corporation
credit card?
A. No.
Q. Does anyone?
A. I don't know. Certainly, none was ever
authorized.
Q. When was the last time you talked to
Peter?
A. Yesterday.
Q. By telephone?
A. Yes.
Q. Okay. Who called whom?
A. He called me.
Q. Okay. And what did you discuss?
A. We discussed this case -MR. MEYER: Ob -- objection:
Attorney-client privilege. I'm going to instruct
you not to answer that.
THE WITNESS: All right.
Q. (By Ms. Tranel) You didn't -- what -disregarding any conversations you had with your
attorney, what did you and Pete talk about?
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A.. Yeah.
Q. Okay. And you think Glacial Bank bought
those for you?
A. No, not Glacial Bank.
Q. Glacial Power?
A. No, I -- I don't recall. I don't know
how we paid for that.
Q. Okay. Did you pay for it personally?
A. That's what I don't know. It's been two
or three years. I don't remember.
Q. Okay. Where did you buy it from?
A. I bought it online.
Q. Okay. From one of your computers at
home?
A. I don't think so. I bought it through
Verizon.
Q. Okay. Did you use a credit card?
A. I don't know.
Q. Okay. Who would know?
A. Let me think. I would have used a -- a
credit card. I just don't know -- because I've
been with Verizon and -- I don't know if they put
that on the bill when they changed the phone or
whether I paid a credit card. That's what I don't
know.
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A. We didn't.
MR. MEYER: Same objection.
Q. (By Ms. Tranel) You spoke with Pete
yesterday?
A. With the attorney.
Q. Oh, you didn't tell me he was on the
telephone as well.
A. He was.
Q. Okay. You had a conference call
yesterday?
A. Yes.. We were all three on the phone.
Q. Okay. Who else was on the phone?
A. The three of us.
Q. Okay. When did you -- when was the last
time you talked to Pete, just the two of you?
A. Within the last month, probably.
Q. Okay. And your conversation yesterday
was to prepare for this deposition?
A. You're -MR. MEYER: Objection:
Attorney-client -MS. TRANEL: You can -MR. MEYER: -- privilege. I instruct
you -MS. TRANEL: You can answer.
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MR. MEYER: I would instruct you not to

answer that.
THE WITNESS: Okay.
Q. (By Ms. Tranel) Your conversation
yesterday was with Pete and with your attorney.
Is that right?
A. Yes.
Q. Okay. Where was that conversation held?
A. My attorney's office.
Q. In Bozeman?
A. Yes.
Q. Okay. All right. And you traveled here
for that -- okay. And when was the last time
before that you spoke with Pete?
A. I don't recall the date.
Q. When was the last time you e-mailed him?
A. Sometime this week.
Q. When was the last time he e-mailed you?
A. I haven't had an e-mail from him for at
least a week or so -- maybe longer.
Q. What his -- what is his e-mail address?
A. I don't know it offhand.
Q. Okay. Can you get me that information?
A. I'll give it to my attorney and -Q. Do you have it?
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Q. Mm-hmm.
A. I don't remember each and every time
offhand, but last year, I saw him.
Q. In 2008?
A.. In 2008, in Europe.
Q. When?
A. April.
Q. Okay. Where?
A. Um, in Zurich and -Q. Does Pete own a house there?
A. No.
Q.. Where did you stay?
A. I was at -- at the Hilton, um, part of
the time and one other hotel. I don't recall the
name of it.
Q. Who paid for it?
A. I paid for that.
Q. Out of your personal funds?
A. I -- I'm not sure which funds I used for
that. It didn't -- it wasn't Pete's money, no.
It was my money.
Q. What was the purpose of your trip?
A. I had -- we were going to visit in Vienna
because he had -- it was a social function that he
was going to, and I was going to be with him.
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A. I don't have it here, no.

Q. Okay. Can you get it?
A. I can get it.
Q. Okay. Have you ever been to Europe with
Pete?
A. Yes.
Q. When?
A. Oh, several times.
Q. Okay. When?
A. Did I -- are you asking if I went with
him or what?
Q. I'm asking you: Did you go to Europe
with Pete?
A. No.
Q. Okay. Did you ever go to Europe and see
Pete in Europe?
A. Yes.
Q. Okay. When?
A. Well, there have been several occasions.
Can you -- which one are you asking about?
Q. When were they?
A. Probably every year in the last four or
five years.
Q. When have you gone to see him?
A. When?
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Q. What social function?

A. He had a friend there that -- I wasn't
going with that; I was going to see him for social
reasons -- that is, Pete. But he was there for -some friend of his -- I don't -- I don't know.
Q. When was the last time before April of
last year that you saw him?
A. Um, well, I -- last year I saw him in
Argentina in February -- 2008, we're still talking
about. That was the next time, going backwards.
Q. Okay. When before that did you see him?
A. I saw him in December of 2007.
Q. Where?
A. In Buenos Aires.
Q. When?
A. In December.
Q. Christmas?
A. No. It was early in December.
Q. Okay. And who paid for that trip?
A. I believe I paid for that, as I recall.
But I -- I'm not sure again on that. But he
didn't pay for it; I paid for it.
Q. Who paid for the Argentina trip in
February?
A. Same answer. I -- I think I paid for
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both those trips.

Q. Okay. Do you have the records for that?
A. I think I -- I would or either my
accountant.
Q. Who's your accountant?
A. Rudd and Company.
Q. Who is it?
A. Rudd -- Rudd, R-u-d-d.
Q. Where are they located?
A.. Bozeman.
Q. Okay. How long have they been your
accountant?
A. This past year.
Q. Did you have an accountant before that?
A. Yes.
Q. Who was that?
A. Steve Oldmixon.
Q. Who's he -- where is he?
A. In Houston area.
Q. Spell his name.
A. O-l-d-m-i-x-o-n.
Q. When was the last time before December of
'07 that you saw Pete?
A. I don't recall what other time I saw him
during 2007. In 2006, I saw him two times -- and
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A. We went and looked at them on one

occasion. The -- we had not completed the
purchase, I don't think -Q. Who -A. -- at that time.
Q. -- is "we"?
A. I think Pete and I, and maybe Robert
Donat was there. I'm -- I don't recall.
Q. Okay. And, um, did you advise Pete to
move forward with the purchase?
A. I was working with the attorney there
that was representing us and -Q. Which attorney was that?
A. Juan Chiesa.
Q. Okay.
A. And I relied on him for the title -Q. Okay.
A. -- confirmation and ownership of that
corporation.
Q. Was it your recommendation to move
forward with that?
A. At that time, yes.
Q. Okay. And when was the last time before
that, that you saw Pete?
A. That -- that would have been in 2005.
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maybe in early 2007, but in 2006, two times.

Q. When?
A. June and August, I believe were the
months.
Q. Where?
A. Buenos Aires.
Q. Both times?
A. Yes.
Q. You flew there?
A. Yes.
Q. Who paid for it?
A. I think he reimbursed me for those.
Q. Do you fly first-class or coach?
A. That was coach.
Q. Okay. And before that?
A. I didn't fly to see him anywhere before
that.
Q. Okay. What was the purpose of the trips
in June and August of '06?
A. That was the acquisition of the Sol Pico
properties.
Q. In Argentina?
A. Yes.
Q. Did you look at the properties before
they were purchased?
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Q. Okay.
A. I believe it was some -- sometime in
2005. I don't remember when.
Q. Where was that meeting?
A. Well, let me revise that. It would have
been 2004/2005, during that period of time, in
Zurich and London.
Q. You saw him twice in a one-year period?
A. Yes.
Q. Both times in Europe?
A. Yes.
Q. Okay. Do you remember which came first?
A. No.
Q. Okay. What was the purpose of those
trips?
A. We were discussing various businesses.
Q. Which businesses?
A. I don't recall everything we discussed at
that time. We had -Q. Okay -A. -- thought about that -Q. -- were you talking about S & C?
A. We talked about -- I'm sure we talked
about S & C. I don't re -- remember anything in
specific terms.
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Q. Who paid for those trips?
2
A. I don't recall who paid for that..
3
Q. Did you?
4
A. I may have.
5
Q. Did Pete?
6
A. I told you I don't know.
7
Q. Okay. Can you find out?
8
A. I don't know if I can go back that far
9 and find out, no. I don't know.
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Q. When else were you in Europe with Pete?
11
A. I believe those were the only times.
12
Q. Okay. So, before London or Zurich, when
13 was the last time before that you saw Pete?
14
A. Here in Montana. It was, um, 2004.
15
Q. When in '04?
16
A. Before he left. I don't remember what
17 day.
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Q. When did he leave?
19
A. June.
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Q. Okay. Was he deported?
21
A. No.
22
Q. He left voluntarily?
23
A.. Yes.
24
Q. Okay. And he left from Nevada?
25
A. I think he left from Nevada. And then I
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A. Peter Ashman.
Q.. And where is he located?
A. Las Vegas.
Q. And how did you come to get associated
with him?
A. Because he was representing Pete..
Q. In what case?
A. In the administrative proceeding with
immigration.
Q. How did you come to hire Pete Ashman?
A. I didn't hire him; Peter did.
Q. Okay.. Did you recommend him?
A. No. I didn't know Peter Ashman.
Q. Okay. Peter Koeck found Peter Ashman on
his own?
A. Yes.
Q. Okay. Do you know anything about that?
A. No.
Q. Okay. Um, his visa expired in June?
A. No. I don't know when it expired, but
they were having a dispute about the validity of
the visa and -Q. Uh-huh.
A. -- he was overstayed, but I don't know
about the proceedings. Anyway, Ashman was
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saw him after that -- I saw him in Zurich, I

believe. But I saw him in Montana and then Zurich
in 2004.
Q. Okay. And when you saw him in '04, where
was that in -- in Montana -- where in Montana was
that?
A. In the Whitehall area.
Q. Where?
A. Well, I saw him in the Upper Radar area;
I saw him in Whitehall itself; I saw him outside
of Whitehall, near Townsend.
Q. Do you remember the last time that you
saw Pete in Montana?
A. No.
Q. Okay. Why did Pete leave the U.S.?
A. His visa was finally determined by some
administrative hearing to have been ex -- to have
expired. The attorney handling that knows about
that. I don't know -- anyway, they -- he didn't
have a visa anymore.
Q. He was deported?
A. No.
Q. Okay. His visa expired?
A. It expired.
Q. Who was the attorney handling that?
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handling that.
Q. All right. And where did Pete go when he
left?
A. He flew to Zurich, I believe.
Q. I think you already testified to this,
but I forgot. Does he have a home there?
A. No.
Q. Okay. What -- does he have family in
Zurich?
A. No..
Q. Okay. Does he have a home anywhere in
Europe?
A. Well, he has a home with his family in
Austria, outside of Vienna.
Q. Okay. But he -- does he own any property
in Switzerland?
A. No.
Q. Okay.
A. Not that I know of.
Q. Okay. Did you -- in your relationship
with Peter, did you act as an attorney to him?
A. No.
Q. Okay. Did you explicitly tell him you
weren't acting as an attorney?
A. Yes, because we always hired attorneys.
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Q. Okay.. How many attorneys have you hired?

A. We had one in Zurich; we had one in, um,
Buenos Aires; we have one here. We -- he had his
in Las Vegas.
Q. Mm-hmm.
A. So I suppose four -Q. Okay.
A. -- five, including Luciano.
Q. Okay. You currently have five attorneys
working for you?
A. Not -- no, not continuously. And there's
another one, but they're on a case-by-case basis,
typically.
Q. When you made that transaction to
purchase the Sol Pico, um, you said you did that
in U.S. dollars. Did you transfer the money from
euros to dollars?
A. No, they were in U.S. dollars.
Q. In Zurich?
A. Yes -Q. Okay.
A. -- well, I don't know if they -- I don't
recall if they were in Zurich, but they were in
U.S. dollars.
Q. Okay. When did you and Pete discuss the
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notes.
Q. Do you advise him?
A. We talk about it.
Q. Do you -A. It's not -Q. -- do you advise him?
A. We dis -- we just have a discussion be -between ourselves. And he has some opinions and I
have some opinions, and it's just a discussion.
Q. Do you give him advice?
A. He tells me things and I tell him things,
and I don't know that you would characterize it as
advise. We discuss. So I guess the answer is no.
Q. Okay.
A. It's time for a break, I think.
Q. Would you like to take a break?
A. Yeah, I think so, because it's -Q. Okay. It's -A. -- we've been going at it for two hours,
so -Q. Okay.
MS. TRANEL: It's a little bit after
noon. We'll take a break for lunch. Does one
o'clock sound reasonable to be back, or would you
like more time? 1:15?
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dollar collapsing?
A. When did what?
Q. You and Pete discuss the dollar
collapsing?
A. I think that's been a -- I don't know
what you mean by "collapsing." Collapsing?
Q. Mm-hmm. Losing its value.
A. We discuss currency periodically all the
time.
Q. Okay.. Did you have a con -- conversation
about the value of the dollar?
A. We have talked about the valuation of a
lot of currencies.
Q. Mm-hmm.
A. Are you asking me about a particular
event? I -- I'm not sure what you're talking
about.
Q. Did you ever -- was there a particular
event?
A. Not that I'm aware of.
Q. Okay. Did you ever recommend to Peter to
move his money out of U.S. dollars?
A. We have talked about currencies. We read
The Wall Street Journal. He reads different
financial publications, I do, and we compare
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MR. MEYER: Yeah.

THE WITNESS: 1:15.
MS. TRANEL: Okay. We'll be back here at
1:15. We can go off the record. How are we doing
on the tape?
VIDEOGRAPHER: We're off the record at
12:10 p.m.
(Whereupon, the deposition was in recess
at 12:10 p.m., and subsequently
reconvened at 1:17 p.m., and the
following proceedings were had and
entered of record:)
VIDEOGRAPHER: We're on the record at
1:17 p.m.
Q. (By Ms. Tranel) Okay. Don, when we left
off, we were talking about some of the personal
background that you have with Peter Koeck. I want
to take you back to your testimony about Franklin
Power and Energy West Resources.
A. One -- one thing -Q. I'm sorry -- wait -- go ahead.
MS. MARTINO: I was just going to hand
him some coffee and -MS. TRANEL: Okay.
MS. MARTINO: -- see what you guys need.
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MR. MEYER: Thank you.

A. In your questions about share ownership
-- I was talking about investments, but I don't
know if we -- you were talking about S & C. I
have one share of stock in that. Now, was that
covered in your questions?
Q. (By Ms. Tranel) I asked you if you owned
shares in any companies. What is your -- is your
testimony that you do?
A. I have one share in S & C.
Q. Okay. Um, and -- so I wanted to take you
back to Franklin Power and -- and Energy West
Resources. And I think you testified that, um,
Franklin Power is a defunct corporation. Is that
accurate?
A. It's not operating.
Q. Okay. Is it, um, active in any states or
licensed with any public utility commissions?
Q. Okay. I'm going to hand you what we'll
mark as our Deposition Exhibit No. 1. This is a
public u -- u -- utility commission report from
the state of Texas. Could you take a minute to
look at that?
A. Okay.
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is dated in 2003 or -- I'm not sure what the date

is.
Q. Okay. Do you -- are you -- does that
give you any -- do you know anything about that?
A. No.
Q. Okay. I'd like to mark this as
Deposition Exhibit No. 1.
(Whereupon, Deposition Exhibit No. 1
was marked for identification.)
MR. MEYER: Let's go off the record for
just one second.
MS. TRANEL: No, I don't want to go off
the record. Let's stay on the record. Thanks.
MR. MEYER: Okay. Um, I think you've
already got a couple of exhibit numbers from the
mandamus hearing.
MS. TRANEL: We'll start with this as
Deposition Exhibit No. 1. Thanks.
Q. (By Ms. Tranel) Don, you gave some
testimony about, um, Franklin Power and it being
terminated, and then Glacial Energy now being the
operating corporation earlier?
A. Yes.
Q. Okay. Tell me again -- I'm not sure if I
caught it. Tell me again how you invested in
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Q. Is that referring to the same Energy West

Resources/Franklin Power that you've talked about
during your deposition?
A. I haven't talked about Energy West
Resources.
Q. Does that refer to Franklin Power on
there?
A. I see down here: "Firefly powered by
Franklin," above it: "Franklin Power Company." I
don't know about this. This doesn't appear to be
any company that I know anything about.
Q. Okay. What's the address on that
company?
A. This says: "301 Monticello, Odessa."
Q. Okay. Um, can I just see the -- what's
the address that's listed right there on the
bottom?
A. "3500 Maple Avenue, Suite 1340, Dallas,
Texas" -Q. Okay. And -A. -- "75219."
Q. And does that list that company as
active?
A. I don't know if it's active or not.
There -- there's something says "status," and this
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Franklin Power.
A. In Franklin Power?
Q. Did you invest in Franklin Power?
A. That company operated for a very short
time, and I did not invest in Franklin Power
directly, no.
Q. Did you invest in any of the affiliates
of Franklin Power?
A. I'm not aware of any -Q. Did you -A. -- affiliates.
Q. Did you invest in Glacial?
A. Yes.
Q. -- Energy?
A. Glacial Energy.
Q. Okay. And how did you invest in Glacial
Energy?
MR. MEYER: Objection: Asked and
answered.
MS. TRANEL: You can answer..
A. I believe I answered that before.
Q. (By Ms. Tranel) What was your answer?
A. Can we read back?
Q. If you remember, just tell me what -what was -- how did you invest in it?
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A. We started research on that sometime

before the formation of Glacial Energy, and I
spent a lot of time and money doing that.
Q. Okay. Did you directly invest by buying
shares of the corporation?
A. I spent money to help start the company.
I don't recall exactly how much was expended or
invested.
Q. Did you invest money on behalf of anybody
else in Glacial Power?
A. I didn't invest money -- to purchase
shares, you mean?
Q. Right.
A. No.
Q. Okay. I'm going to hand you, um, what
we'll mark as Deposition Exhibit No. 2. Take a
minute to look at that document.
A. (The witness complied.)
Q. Is that document familiar to you?
A. I don't remember this document.
Q. What's the title of that document up at
the very front?
A. It says: "Wire transfer request."
Q. Is that -- is that everything it says?
What does it say up at the top?
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Texas 75219."
Q. Okay. And the receiving bank information
is which bank?
A. "Bank of America."
Q. And what's the address?
A. "700 North Grant Avenue, Odessa, Texas
79761."
Q. Okay. And what is the sender's
signature? Whose name is -A. There are three names. It looks like:
"Robert Donat; Peter Koeck; power of attorney,
Donald R. Bernard."
Q. Did you sign this for Peter Koeck?
A. I believe I must have. That's my
signature.
Q. Okay. And what's the date on that
document?
A. July 19th, 2004.
Q. Okay. So did you invest $500,000 into
Franklin Power on behalf of S & C Corporation?
A. We -- as I recall, now, I did -- I didn't
recognize the name "Energy West." Um, I'm not
sure what that was. Franklin Power is -- is one
that I'm talking -- that I referred to.. 500,000
was transferred in, which was then replaced by a
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A. "Page 1 of 2."
Q. Okay. And what is the amount right
beneath that?
A. 500,000.
Q. Okay. And who is listed as a sender
under "name"?
A.. "Peter Koeck; power of attorney, Donald
R. Bernard" -Q. Okay. That's down at the bottom -A. -- "and Robert Donat."
Q. That's down at the bottom. Up at the
top, under "sender information," who is the name?
A. "S & C Corporation.."
Q. Okay. And what address is listed?
A. "14 Scenic Drive."
Q. And what's your home address?
A. 14 Scenic Drive.
Q. Okay. And this lists under the
beneficiary information, "the BNF name is" -what?
A. "Energy West Resources Limited, DBA
Franklin Power Company."
Q. Okay. And what's the address of that
company?
A. "3500 Maple Avenue, Suite 1340, Dallas,
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separate wire into S & C of 500.

Q. What was replaced?
A. The 500,000, I believe, the next day or
two.
Q. Okay. Explain that to me in steps.
500,000 was wired out of S & C?
A. Yes. And 500,000 was put back in.
Q. Do you have any documentation to show
that?
A. There should be a deposit reflected in
the Glacier bank records, I'm sure.
Q. Do you have one?
A. I don't have it right here with me, no.
Q. Can you get it for me?
A. Mr. Donat has all the records on -Q. Can you get it for me?
A. I -- I don't know if I can now, but I
might be able to. You'll have to just talk to my
attorney about it.. We'll see if we can find it.
Q. Do you have access to the bank account?
A. That -- that bank account is closed now.
The records should be in the bank, yes.
Q. And you have access to them?
A. I can request it. I don't know if
they're there, but I assume so. We -- I think we
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provided those to you.

Q. Okay. I'm requesting that you produce
that documentation showing that wire transfer to
me. Can you do that?
A. I think this -Q. I'm making that request to you.
A. You're making that request.
Q. Yes.
A. A second request -MR. MEYER: Hopefully, you can make that
request to me in writing.
MS TRANEL: We'll have this marked as
Q. (By Ms. Tranel) What happened to that
$500,000 that was invested into Franklin Power?
MR. MEYER: Objection: Foundation.
MS. TRANEL: You can answer.
A. It was transferred into Franklin Power
and the officers used it in the course of
business, as far as I know.
Q. Okay. Were -- did S & C own shares in
Franklin Power?
A. No.
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Q. -- what Franklin Power did with the

money?
A. As far as I know, they spent it on power
purchase and sales.
Q. Okay. And S & C Corporation just gave
Franklin Power $500,000?
A. No. They received 500,000 back. It was
only for a matter of days.
Q. Who did they receive the $500,000 back
from?
A. The same person that put it into S & C in
the first place.
Q. Which was whom?
A. Peter Koeck.
Q. Okay. That's not my question. My
question is what Franklin Power did with the
$500,000.
answered.
Q. (By Ms. Tranel) You can answer the
question.
A. Well, I've answered it five times.
Q. They spent it on their own personal
business?
A. Not personal business. It's -- they
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Q. Okay. $500,000 was deposited into

Franklin Power?
A. Yes.
Q. Okay. And it was used how?
A. In the course of business.
Q. Which means what?
A. They were in the power business, and it
was then used in their business to buy and sell
power.
Q. Did S & C ever receive any profit from
that?
A. 500,000 the next day -- or the next day
-- whenever it went back into the account.
Q. S & C gave Franklin Power $500,000, and
the next day, Franklin Power -A. No, no.
Q. -- gave S & C $500,000?
A. No. It was replaced by Peter Koeck.
Q. Okay. I'm talking about the $500,000
that was given to Franklin Power?
A. It was re -- it was replaced. S & C had
no interest in it.
Q. That's not my question. I'm asking you
-A. What happened to it?
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spent it in their business.

Q. Okay. And who were the -- who were the
owners of that business?
A. That was -- that was Gary Mole.. I think
he's a principal.
Q. And who else?
A. I don't know the other people.
Q. And you?
A. I was not an owner of that company at
that time -- or any time.
Q. You were involved with the company at
that point?
A. What do you mean by "involved"?
Q. What was your affiliation with Franklin
Power at that point?
A. I was advising Franklin.
Q. Okay. So S & C gave Franklin Power
$500,000. Did S & C get anything back from
Franklin Power?
A. No.
Q. Never?
A. Except the 500,000 was returned.
Q. From whom?
A. From Peter Koeck.
Q. Not from Franklin Power?
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A. No.
Q. Okay. So, S & C essentially made a
donation to Franklin Power of $500,000?
A. No. The arrangement was that it would
transfer it and the funds would be replaced. They
all belonged to Peter Koeck.
Q. Okay. So Peter Koeck gave Franklin Power
$500,000?
A. Yes.
Q. And he never got that back from Franklin
Power?
A. No. He received ownership in Glacial.
Q. In exchange for the $500,000 investment
in -A. It was a -Q. -- Franklin Power?
A. It was not an investment; it was a loan.
Q. Okay. Who made the terms of that loan?
A. Peter.
Q. And who?
A. And Franklin.
Q. Who -- who was negotiating for Franklin?
A. Their accountant. I don't -- their
controller. I don't know -- I don't remember his
name now.
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Q. From Franklin Power?

A. I don't know where he got the money from.
But it -- I don't believe there's any debt to
Peter from Franklin Power.
Q. So Franklin Power paid it back to Peter?
A. I -- I'm telling you I don't know.
Q. Who does know?
A. I don't know. That was five years ago.
I don't have any records on that.
Q. Okay. And you wired that money from your
home address?
A. I didn't wire it from my home address.
Q. Okay. Where did you wire it from?
A. Mr. Donat signed it at the bank, I think.
Q. Okay. Was Peter Koeck surprised to know
that he had given Franklin Power $500,000 that was
never repaid?
MR.. MEYER: I object to your
characterization of the testimony. He's already
said that he was -- Peter Koeck received the -- an
ownership interest -Q. (By Ms. Tranel) You can answer.
A. Well, I did.
Q. What is your answer? Was Peter Koeck
surprised?
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Q. Who does?
A. I don't know.
Q. Where can you -A. It's been -- that was in 2004: Five
years ago.
Q. Where can you get that information?
A. I don't know offhand who would know that.
Q. Okay. All right. So Peter gave $500,000
to Franklin Power. Franklin Power was terminated?
A. It completed its contracts. It was no
longer needed.
Q. Okay. And Glacial Power took over?
A. Glacial Power -- no, Glacial Energy
started a -- a totally new business. They didn't
assume any contracts.
Q. Did they assume loans?
A. I don't -- I don't remember if they paid
it back or who paid it back, but it -- Franklin
didn't owe it, as I recall, after it finished its
contracts.
Q. It didn't owe what?
A. The 500.
Q. Okay. Did Peter forgive the loan?
A. Everything. Everything was paid back to
Peter, as far as I know.
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A. That he had been repaid?

Q. To learn that he had donated the money.
A. That's not correct. That's not what I
said. Who said -Q. Okay. What did you say?
A. No, I didn't say that.
Q. What did you say?
A. I said that he had been repaid.
Q. By Franklin Power?
A. I don't recall who repaid him.
Q. Okay. Where can we get that information?
A. I don't know.
Q. Okay. You think he was repaid, but you
don't have any evidence to show that?
A. I told you I believe that he received the
shares, the ownership in Glacial.
Q. In exchange for what?
A. The loan.
Q. Of $500,000?
A. Yes.
Q. Okay. So the $500,000 was a loan?
A. Yes.
Q. And that was a contract negotiated by the
accountant?
A. Yes.
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Q. And you don't know his name?

A. I don't remember his name.
Q. Okay. Where was he located?
A. Dallas.
Q. Okay. What are Peter's shares worth in
Glacial Energy?
A. I don't even know how you can calculate
that.
Q. You don't have any shareholder agreement,
shareholder information?
A. You asked me the value. Is that correct?
Q. I did.
A. I don't know what the value is.
Q. You don't know the value of Peter's
shares?
A. That's correct. I don't know the value.
Q. Do you -A. It's not a public company; it's private.
Q. Do you know how to calculate it?
A. Well, you tell me the formula you want to
use. I don't know what formula you're going to
use.
Q. Do you know how to value it?
A. No, I don't.
Q. Okay. Do the shares have any value?
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Q. Okay. How was it created?

A. A corporation charter was obtained from
the secretary of state in the state of Montana.
Q. Who obtained that?
A. I did.
Q. Whose idea was it to create that
corporation?
A. Peter Koeck.
Q. Okay. When -- when did he decide to do
that?
A. I don't know when he decided to do that;
I just know when it was formed.
Q. What year was it formed?
A. 2004.
Q. Okay. Who incorporated it?
A. I filed the corporation application and
obtained the charter.
Q. Okay. Who asked you to do that?
A. Peter Koeck.
Q. Okay. Who were the members of the
corporation?
A. Peter Koeck, Frank Heilig and myself were
the ones that were initially involved in that
company.
Q. What was the purpose --
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A. Yes.
Q. What is the value of each share?
A. I don't know.
Q. Are there corporate minutes?
A. That's not in any corporate minutes that
I'm aware of.
Q. Okay. Is there a -- a share value
assigned anywhere in the corporation?
A. No. Not that I know.
Q. Okay. What laws is Glacial Energy
incorporated under?
A. The laws of Virgin Islands. I just don't
know what the values are.
Q. Does anyone know?
A. I doubt it.
Q. Does Gary Mole know?
A. I don't think he would know. It's a
private company.
Q. And nobody has any idea what the value of
their shares are?
A. It'd be a guess and speculation.
Q. Okay. Let's talk about S & C
Corporation. Are you familiar with S & C
Corporation?
A. Yes.
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A. When I say, "involved," we -- we signed

the initial minutes -- or Peter -- I guess, in
thinking back, it -- well, we have the minutes
right here. You can see who signed.
Q. Go ahead and take them out, if you would.
A. Okay. What is your question?
Q. Okay. My question was: Who were the
initial members of S & C Corporation?
A. What do you mean by "members"?
Q. Who was -- who was in the company? Who
was in the corporation? Who were the
shareholders?
A. Peter Koeck.
Q. Okay. Who else was involved in the
corporation?
A. Well, I -- I don't understand what you
mean by "involved."
Q. Okay.. Was there any other person who was
affiliated in any way with S & C Corporation?
A. Are you -- I don't -- what is
"affiliation"? I -- I -- I'm really not sure what
you're getting at.
Q. Who was Frank Heilig?
A. Frank Heilig was the secretary.
Q. Okay. So was he a member of the
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corporation?
A. We -- there were no members, to my
knowledge.
Q. He was just a secretary without being a
member of it?
A. Well, I don't know what "member" is.
What is -Q. Okay.
A. -- "member"?
Q. Well, he did -- was he involved with the
corporation?
A. As secretary.
Q. Okay. Who else was involved with the
corporation?
A. Peter Koeck.
Q. And he was the only shareholder?
A. Yes.
Q. Okay. And were you affiliated or
involved with the corporation?
A. I was not affiliated or involved. I was
the incorporator.
Q. Okay. What are you looking at?
A. I'm looking at the -- where I signed as
incorporator.
MS. TRANEL: Can we make a copy of
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Q. If you look under No. 1, there's a box

there that says: "This corporation is a closed
corporation." Did you check that box?
A. Oh, here, yes. Yes -Q. Okay.
A. -- okay. With directors -Q. And was it operating with directors or
without directors?
A. With director.
Q. Okay.
MS. TRANEL: I'll just mark this as
Deposition Exhibit No. 3..
Q. (By Ms. Tranel) Who drafted the bylaws
of S & C Corporation?
A. These bylaws were in the book that we
purchased.
Q. Where did you purchase a book?
A. I don't recall. It's one of the
corporation services.
Q. Who purchased it?
A. I purchased it.
Q. Okay. And the bylaws were in the book?
A. Yes.
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that -VIDEOGRAPHER: Sure.

MS. TRANEL: -- and have that marked as
our -- the next deposition exhibit? Okay.
1:40 p.m.
(Whereupon, a break was taken.)
MS. TRANEL: Okay. Go back on the
record.
VIDEOGRAPHER: Okay. The time is
1:43 p.m.
Q.. (By Ms. Tranel) Okay. Don, you
testified that you incorporated S & C Corporation.
Is that correct?
A. Yes.
Q. Okay. And, um, what -- how did you
structure S & C Corporation?
A. I obtained a charter.
Q. Okay. And what kind of a corporation was
it?
A. Domestic profit corporation.
Q. Did you -- did you designate it a closed
corporation?
A. No. Or -- I -- I'm not sure. When -when do you mean, did I designate it?
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Q. They came with it?
2
A. Yes.
3
Q. Who filled in the blanks?
4
A. Peter and I did that together.
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Q. Does Peter type?
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A. You mean, who physically put -7
Q. Yes.
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A. -- the words in the blanks?
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Q. Yes.
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A. I put the -- I typed in the information.
11
Q. Okay. So you filled this out?
12
A. Yes.
13
Q. Okay. Were these bylaws ever amended in
14 any way?
15
A. Not to my knowledge.
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Q. They never changed?
17
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Q. Okay. So these are the operative bylaws
19 of the corporation as it stands today?
20
A. Yes.
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Q. And they always have been?
22
A. As far as I know, they're the only ones
23 that exist.
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Q. Okay..
25
MS. TRANEL: I'd like to mark this as
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Donald Bernard
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Deposition Exhibit No. 4. It's 14 pages long.

(Whereupon, Deposition Exhibit No. 4 was
marked for identification.)
Q. (By Ms. Tranel) Okay. Um, now, is it -Peter Koeck was the only director of the
corporation?
A. Yes.
Q. Okay. And who nominated him to be the
director?
A. (No response.)
Q. Do you know?
A. I was just looking here to see.
Q. Outside of the documents, do you have
independent knowledge about who nominated Peter
Koeck?
A. No.
Q. Okay. Who drafted these resolutions?
A. These resolutions were in the form. We
just filled in the blanks.
Q. Who filled in the blanks?
A. I did.
Q. And who signed it?
A. The sole director and shareholder was
Peter Koeck.
Q. I'm looking at the resolutions adopted by
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corporation?
A. I suppose you could characterize it that
way.
Q. Okay. Did it have a mission statement?
A. I don't believe so.
Q. Was it involved in the community in any
way?
Q. Did you -- when you -- when you, um, met
Peter and talked to him about, um, creating S & C
Corporation, did you talk to him about your
military background?
A. I don't recall what we talked about.
Q. Do you know if you talked to him about
your military background?
A. At some point, we probably discussed it.
Q. Okay. And did you tell him that you
could help him with military pursuits as part of
the cop -- coop -- corporation?
A. I don't know what you mean by "military
pursuits."
Q. Guns, hunting.
A. Guns? No.
Q. Okay. You didn't talk to him about guns?
A. Helping him with guns in what way?
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the incorporator. Whose signature is that?

A. Oh, that's mine -- Donald R. Bernard.
MS. TRANEL: Okay. I'll -- I'll have
this marked as a deposition exhibit number -whatever the next number is.
COURT REPORTER: 5.
MS. TRANEL: Okay.
Q. (By Ms. Tranel) What was the purpose of
incorporating S & C?
A. The original purpose was to have a
corporation to buy and sell surplus goods.
Q. Surplus goods?
A. Yes.
Q. What is that?
A. Peter wanted to purchase surplus goods
that were related to hunting, primarily.
Q. Guns?
A. Clothing, tents. I don't think guns
because he didn't have a license for that.
Q. It -- it was a hunting corporation?
A. No. Clothing, tents, all kinds of things
related to camping and hunting.
Q. Okay. So it was an outdoor recreational
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Q. Did you talk to Peter about buying guns?

A. No.
Q. Okay. Did you talk to him about
surplus -A. Tents -Q. -- guns -A. -- and -Q. -- ammunition, rifles, anything like
that?
A. No.
Q. You didn't talk to him about -A. No.
Q. Okay. Who is a registered agent of
S & C?
A. I am.
Q. What does S & C stand for?
A. I don't recall what he was thinking when
he came up with that name, except the first -- the
"s," I believe, was "surplus." I -- I can't guess
at it, I guess. I don't know what he was
thinking.
Q. "Surplus" and something?
A. I don't know what it was.
Q. Peter named it?
A. Yes.
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Q. Okay. Okay. Um, did S & C open a bank

account when it was created?
A. Yes.
Q. Where?
A. Glacier Bank.
Q. Where -- where is Glacier Bank?
A. In Butte.
Q. Okay. And who is -- who was listed on
that bank account?
A. On the initial bank account when it was
opened? I don't know.
Q. Were you involved in any way with that?
A. I don't recall initially being involved
with that.
Q.. Okay. When did you become involved with
it?
A. Sometime later. I don't recall. If you
have anything there for me to look at, I'll be
happy to look at it. I -- I don't recall offhand.
Q. Okay. I'm asking you, um, from your
memory, if you can testify from your own memory
and knowledge.
A. I don't recall.
Q. Okay.
A. We had then opened another account -- I'm
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above the account number where you were just -where you were just reading? Who is it -A. S & C Corporation.
Q. And what address is listed there?
A. 6 Radar Creek Road, Whitehall, Montana
59759.
Q. Who lives at 6 Radar Creek Road?
A. I don't know.
MR. DONAT: That's my old address.
MS. TRANEL: Okay.
Q. (By Ms. Tranel) Um, if you go down to
the third paragraph there, where it starts out,
"resolved," that paragraph says that: "The
following named officers or employees of this
corporation whose actual signatures are shown
below" -- um -- "are designated" -- um -- "and
they may be withdrawn on checks" -- "funds of this
corporation may be withdrawn on checks bearing the
following appropriate number of signatures any one
of the following named officers or employees of
this corporation. . ." Whose name is listed there?
A. Peter Koeck.
Q. And whose signature is that?
A. Peter Koeck.
Q. Okay. And how do you recognize his
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looking at this -- with Rocky Mountain Bank.

Q. Okay. And when was that opened?
A. On June 2nd.
Q. Of what year?
A. '04.
Q. Who opened it?
A. Um, Peter Koeck.
Q. Rocky Mountain Bank, where is
that bank -A. Whitehall.
Q. -- located? Okay. And who had access to
that bank account?
Q. And what's the account number on that?
A. I don't see one on here. On the banking
resolution, it doesn't have an account number -oh, wait, I'm sorry. There is an account number
up here.
Q. And what's the account number?
A. 80032885.
Q. What are -- could you read the last four
digits of that account number again?
A. The last four digits are 2885.
Q. Okay. And what's the address given for
the depositor? Who is a depositor listed right
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signature?
A. I've seen it before. It looks like his
signature.
Q. Okay. You're familiar with his
signature?
A. I'm not an expert in handwriting at all,
but it -- it appears to be his -Q. Okay.
A. -- signature. I -- that's all I can tell
you.
Q. Okay. And what's the date on this?
A. June 2nd, 2004.
Q. And -- and who signed that as a secretary
or assistant secretary?
A. Frank Heilig.
Q. Okay.
MS. TRANEL: I'll have this marked as
Q. (By Ms. Tranel) Do you know how much
money was used to open that bank account?
A. I don't recall offhand.
Q. Okay. Okay. And I'm going to hand you
some handwritten minutes of S & C Corporation. I
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believe you were looking at those in your book?

A. Yes.
Q. Whose hand -- whose handwriting is that?
A. That's my handwriting.
Q. So those are your minutes?
A. Yes.
Q. Okay. And -A. That -- well, they're -- Peter Koeck
signed these.
Q. You drafted them?
A. I wrote them out -Q. The -A. -- there at the -- there at the bank.
Q. Okay. And what was the purpose of those
meetings -- minutes?
A. The secretary told me what to write.
Q. Who was the secretary?
A. I think it's Judy. I don't remember her
last name offhand.
Q. So -- the secretary of the bank?
A. Well, she is a bank officer, I suppose.
But she -Q. Okay.
A. -- was there at the bank.
Q. Okay.
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Q. Okay.. And she told you what she needed

to open the account?
A. Yes.
Q. And you wrote this out?
A. Yes.
Q. And Peter signed it?
A. Yes.
Q. Did this all take place in the bank?
A. Yes..
Q. Okay. And Peter signed it, and whose
signature is that down there at the bottom?
A. Frank Heilig.
Q. As a secretary?
A. Yes.
Q. And you were there with them when they
signed this?
A. Yes.
Q. Okay. And the purpose of this is what?
Q. Is to open the account, right?
A. That's what the -- the bank officer told
us -Q. Okay.
A. -- was needed to open the account.
Q. Was there any money deposited when you
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A. And she told me what they needed.

Q. Why did you ask her what they needed?
A. I didn't. She told me.
Q. Why did you have that conversation with
her?
A. Because I was sitting in front of her and
she said, "I need for you to write this out so
that we can open the account."
Q. Okay. So did you go into Rocky Mountain
to open the account?
A. I was with Peter Koeck.
Q. You went in together?
A. Yes.
Q. For the purpose of opening an account?
A. Yes.
Q.. For the corporation?
A. Yes.
Q. Was anybody else with you?
A. Frank Heilig.
Q. Okay. The three of you went in to open a
bank account?
A. Yes.
Q. Okay. And you sat down with Judy?
A. I believe that's when that -- I think
that was her name -- the one that opened it.
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opened this account?

A. I believe so, but I don't -- I don't know
what the amount was.
Q. Okay. Whose money was it?
A. That was Peter's -Q. Was it a check -- was it -A. -- Peter Koeck.
Q. Okay. Okay. So Pete's money opened this
account for S & C Corporation?
A. Yes.
Q. Was it a check?
A. I don't recall..
Q. Okay. And you don't know how much it
was?
A. No.
Q.. Okay.
MS. TRANEL: I'll mark this as the next
exhibit number.
Q. (By Ms. Tranel) Um, now, when was the
Glacier Bank account opened?
A. I don't know.
Q. Okay. Um, on -- on the Rocky Mountain
Bank account, you said that you and Pete had
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access to the account. Is that right?

A. Yes.
Q. On the corporate resolution, it lists
only Pete as an author -- authorized signature on
that account. Is that right?
A. On this one that we were just looking
at -Q. I'm looking at the -A. -- yes. Let's see.
Q. -- corporate banking resolution, which
was marked as Exhibit 6, that has Peter Koeck as
the only authorized signature -A. Yes.
Q. -- on the account, doesn't it?
A. Yes.
Q. Okay. Are -- were -- did you have access
to the account?
A. At that moment, it doesn't appear that I
did.
Q. When did you get access to it?
A. I don't know.
Q. You don't know when you were added to the
account?
A. It was sometime after that date, I would
assume.
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Q. Do you have access to S & C's records at

Rocky Mountain Bank?
A. Whether they would give them to me,
I don't know. I assume they would -- I've never
asked them for any records.
Q. Okay. Were you compensated for
incorporating S & C Corporation?
A. I don't recall. It was a -- I don't
recall.
Q. The Glacier Bank account, you testified
was opened first. Is that correct?
A. No. I don't know when it was opened.
Q. Okay.
A. I didn't open it.
Q. You didn't open it?
A. I don't recall opening it. I -- I was
not on the account.
Q. Okay. I'm handing you a document that
I'd like you to look at.
A. Okay.
Q. In the upper left-hand corner, what does
that say? Upper left-hand corner. What does that
say?
A. "Glacier Bank."
Q. Okay. And what account number is listed
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Q. How would -- was it in the corporate

minutes?
A. I haven't looked at the corporate minutes
to see.
Q. Would it be reflected somewhere in there
-- was there some corporate action taken to add
you to the account? Do you know -A. I don't -Q. -- to the best of your knowledge?
A. -- I don't know. I would assume, but I
don't know. I can't say.
Q. Okay. Did you sign something at the bank
that added you to the account?
A. I don't recall.
Q. Okay. Would those records be at the
bank?
A. I'm sure the bank would have the records.
Q. Okay. Can we get them?
A. I can't control what's at the bank,
but -Q. You have access to the records -A. -- you can talk to my attorney.
Q. You have access to the records -A. I don't have access to the bank and its
records, but you can ask my attorney --
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there?
A. This is "170017898."
Q. Okay. And whose signature is down in the
bottom left-hand corner?
A. Donald R. Bernard.
Q. Is that your signature?
A. Yes -Q. Okay.
A. -- but this was not -- this is not the
first opening of the account.
Q. Okay. Were there two accounts at Glacier
Bank?
A. No.
Q. There was only one?
A. Yes.
Q. Okay. What account is that one?
A. I'm talking about -- this page was not
the initial page. I know that.
Q. Okay. Is that an account that was opened
for S & C Corporation?
A. Yes -MR. MEYER: Counsel, I object to you
examining about this unless you make this part of
the record because -Q. (By Ms. Tranel) You can answer the
46 (Pages 178 to 181)

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question. Was that account opened at Glacier

Bank?
A. I believe this is one that was opened at
Glacier Bank.
Q. (By Ms. Tranel) For S & C Corporation?
A. Yes.
Q. Were there other accounts at Glacier Bank
for S & C Corporation?
A. No.
Q. Whose names are listed on that account
over on the right-hand side, on the bottom? Whose
signatures are there -A. Are we going to mark this one now?
Q. Answer the question. Whose signatures
are there on the right-hand side?
A. There are three signatures: Peter Koeck,
Robert Donat, and Don R. Bernard.
Q. Okay. Is that your signature?
A. Yes, but it was placed there later.
Q. You signed it later?
A. This is the second or third version of
this.
Q.. What does that mean?
A. The first one had Peter Koeck and Robert
Donat on it. I'm looking at a document here -- I
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Q. Okay.
MS. TRANEL: I'll mark that as Deposition
Exhibit No. 8 -- or the next -- the next number -COURT REPORTER: Eight.
MS. TRANEL: Okay.
Q. (By Ms. Tranel) Now, I want to be clear,
Don: Is it your testimony that there are previous
documents?
A. There were -- there's an original, and
then I believe the bank asked us to sign it again.
And that's when this -- the final version was put
on.
Q. Why did the bank ask you to sign them
again?
A. Because we wanted all three names on it,
I believe, and the first two, for some reason,
they only had two on -- I believe this was the
instrument that only had two names on it.
Q. And you wanted to add your name?
A. I don't remember the circumstances. All
-- all I'm saying is, you were asking about the
first one that was signed, but this is the one
that they placed on file.
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don't know which version it was.

Q. Okay. When I asked you in -- in
discovery to produce documents to me, you produced
that. Is that an accurate document -A. This was not the first one. You were
asking about the first one, now.
Q. Are there additional documents?
A. As I recall, there was one with just
Peter Koeck and Robert Donat, and then this one -Q. Where are those documents?
A. I guess they're at the bank. But this -Q. Why haven't you produced them to me?
A. We don't have them -Q. Okay -A. -- I don't have them.
Q. -- why did you produce this to me?
A. Because this is the only one I had. You
asked me about the first one.
Q. And you have access to the other ones -A. They're at the bank -Q. -- and you didn't produce them to me?
A. I don't know -Q. Okay..
A. -- if they're even there. But this is a
final version, yes.
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Q. When was your name added to it?

A. I don't know, but it was about that time.
Q. Okay.
A. Yeah.
Q. I'd like you to produce to me the
previous versions -A. Well, I don't have the -Q. -- which I requested in discovery.
A. And I don't have it.
Q. Okay. The bank has them, and you have
that one. So I'd like you to -A. I'm not sure if the -Q. -- produce those to me.
A. -- I'm not sure if the bank has it or
not. They may have given us the same one back and
I may have signed -Q. Okay.
A. -- the same one.
Q. So this may be the only existing doc -A. Yes.
Q. -- document?
A. Yes.
Q. Okay. So you added your signature at a
later date -A. I believe that's what happened.
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Q. Okay.
A. Yeah.
Q. Was there a corporate -- corporate
resolution that authorized you to add your
signature to that bank account?
A. I don't recall. It must -- if it's in
the minutes, it would be in the minute book here.
Q. If it -- if there was a corporate
resolution -- a corporate action was taken, would
it be reflected in the minutes?
A. I don't know.
Q. Who directed you to add your name to the
bank account?
A. Peter Do -- no, Peter Koeck.
Q. Okay. When that bank account was opened,
how much money was used to open it?
A. The initial funding according to the
minutes here was $1,100,000.
Q. And whose funds were those?
A. Peter Koeck.
Q. His personal funds?
A. To my knowledge, yes.
Q. And how was that money deposited?
A. It was deposited through a wire, as I
recall.
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A. -- I don't practice law.

Q. Okay. Did you ever tell Boyd Taylor that
you were an attorney for S & C Corporation?
A. No.
Q. Did you ever tell Jake Adams that you
were an attorney -A. No.
Q. -- for S & C Corporation? What bank
accounts do you currently have authority over for
S & C?
A. Rocky Mountain Bank.
Q. What happened to the Glacier Bank
account?
A. Closed.
Q. Who closed it?
A. I did.
Q. When?
A. I don't re -- remember the exact date,
but it must have been the end of 2006 or early
2007.
Q. And how much money was left in it when
you closed it?
A. A few hundred dollars.
Q. What did you do with it?
A. I put it in Rocky Mountain Bank.
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Q. And where did the wire come from?

A. I don't recall.
Q. What was your role in S & C from the
beginning of the corporation?
A. I was assistant secretary and then
secretary for most of the time.
Q. Who elected you as assistant secretary?
A. Peter Koeck was the sole member of the
board. He did.
Q. And then who elected you as secretary?
A. The members of the board never changed.
It was always Peter Koeck.
Q. Are you licensed to practice law in
Montana?
A. No.
Q. Did you act as an attorney for S & C
Corporation?
A. Never.
Q. Did you ever tell anyone you were act -acting as an attorney for S & C -A. Never.
Q. -- Corporation? You never represented
that you were -A. No, I haven't practiced -Q. -- the attorney for the corporation?
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Q. Okay. Who maintains the corporate

records for S & C?
A. The corporate records? What do you mean
by that?
Q. Who maintains the minutes?
A. I do.
Q. Okay. And who maintains the status with
the secretary of state?
A. I do.
Q. Okay. Did you make that filing this
year?
A. Yes.
Q. And how did you pay for it?
A. I paid for it personally.
Q. With a credit card?
A. Yes.
Q. Your own personal credit card?
A. Yes.
Q. Okay. And will you be reimbursed from
the corporation?
A. I haven't even thought about it. It was
only $15.
Q. Okay. So you paid for corporate expenses
out of your own personal accounts?
A. Yes.
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Q. Okay. How often do you hold corporate

meetings?
A. Once a year, except when we have special
meetings.
Q. Who calls the special meetings?
A. It would be Peter Koeck.
Q. Have you ever called a special meeting?
A. I don't call meetings. Peter Koeck does.
Q. Have you ever called a meeting?
A. Not as I recall.
Q. So every meeting that the corporation has
ever held has been called by Ke -- Peter Koeck?
A. Yes.
Q. All right. How does he contact you to
have a meeting?
A. He calls me or -- well, typically, he'll
call me.
Q. Does he have his attorney call you?
A. No.
Q. Okay. So he can call you directly from
his phone?
A. Yes.
Q. Okay. But you can't call him?
A. That's correct.
Q. Who are the current members of S & C
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Q. Okay. How do you do that?

A. I write.
Q. And where are those notes?
A. I don't have any notes.
Q. Okay.. When you have meetings, you take
the minutes in handwriting?
A. That's right, in handwriting.
Q. And where are those notes kept?
A. I don't keep notes -Q. Where is that -- where is that
handwriting kept?
A. There are none. They're here. They're
printed.
Q. Okay. Do you translate your written
notes to a printed document?
A. Yes.
Q. Okay. And what do you do with the
handwritten notes?
A. I toss them.
Q. Okay. You destroy them?
A. Yes.
Q. Okay. How do you translate them to the
written minutes?
A. I go to any available computer and type
them.
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Corporation?
A. We don't have members.
Q. Who are the current shareholders?
A. We have Peter Koeck; I have one share -there's one that was prepared for Robert Donat,
but never delivered. I don't know the status of
that.
Q. Okay. Can you be -- can you participate
in S & C Corporation and not be a shareholder?
A. What do you mean "participate"?
Q. Well, you don't have members. Is there a
way to be involved in the corporation without
being a shareholder?
A. Well, I -- I don't know what you mean.
You mean employee?
Q. Well, if you're the -- you were the
secretary, weren't you?
A. Yes.
Q. Okay. And were you a shareholder the
entire time you were a -- the secretary?
A. I don't remember when we issued that
share, but I -- I don't know what you mean by
"involved."
Q. Who takes the minutes for the meetings?
A. I do.
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Q. Okay. On your own laptops at home?

A. No.
Q. Where do you do it?
A. Where we are -- wherever we happen to be.
Q. Okay. And you type them up?
A. Yes.
Q. Okay. And then do you save them?
A. I give them to Pete to sign.
Q. You print them out?
A. Or either -- oh, yeah -- no, I don't save
them; I print them.
Q. Okay.. Do you save them -A. Because it could be public computers in
hotels -Q. Mm-hmm.
Q. And you don't save them on the computer?
A.. No.
Q. Okay. You print them out?
A. Print them out and we sign them.
Q. Do you take the minutes at -- right -- as
soon as the meeting's taking place?
A. I write as we're talking. Is that what
you mean -- contemporaneously? Yes,
contemporaneously.
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Q. Okay. And then when do you write the

meet -- minutes up in -- in typewriting?
A. Normally, right afterwards.
Q. Okay. And Pete signs them?
A. Yes.
Q. While you're together?
A. Typically.
Q. Okay. Who are the voting members of
S & C Corporation?
A. The voting members. You mean
shareholders? Who -Q. Who votes in the elections?
A. Peter -- are we talking about
shareholders or directors?
Q. I'm talking about who can vote to elect
somebody to a director. Do you know?
A. Peter and myself.
Q. Okay. And who are the other people who
have anything to do with S & C Corporation?
A. Well, there are no other voters
because -- unless you consider Donat a
shareholder, which I -- I don't -- I can't give
you an opinion about that because I -Q. I'm not asking for your opinion about
that; I'm asking you to tell me who else has
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relationship whatsoever with S & C?

A. Not that I know of.
Q. Okay. What is a share in the corporation
worth?
A. Which corporation?
Q. S & C Corporation.
A. Today?
Q. Yes.
A. If you'll provide me -- or have your
client provide me with information -- I have no
information to put a value on it.
Q. You -- you testified that there are two
shareholders in S & C Corporation?
A. Yes.
Q. You and Peter Koeck?
A. Yes.
Q. Do you know the value of a share -A. No.
Q. -- in S & C Corporation?
A. No.
Q. How many shares do you own?
A. One.
Q. How many shares does Peter Koeck own?
A. 1,000.
Q. How many other shares are there in S & C
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anything to do whatsoever with S & C

Corporation -A.. Well, that is -Q. -- in any way.
A. -- so broad, I -- I can't even imagine
what you're talking about.
Q. Okay.
A. Could you be really definite?
Q. Who was involved with S & C Corporation?
A. Your client, and I don't know who else
with him. I don't have any idea who he has with
him. Are -- are you talking about now or last
year or 2004 -Q. I'm talking about today.
A. Today. The two shareholders I know
about, the two officers -Q. Who are they?
A. -- Peter Koeck and myself.
Q. Okay. And you're the shareholders as
well. Is that right?
A. Yes.
Q. Okay.
A. And there's no one else that I could
think of.
Q. Is there anybody else who has any
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Corporation?
A.. What -- what do you mean?
Q. You incorporated S & C Corporation?
A. Um, in the incorporation, it says it's
authorized to issue 10,000 shares.
Q. Okay. So S & C Corporation has 10,000
shares?
A. I'm looking at your exhibit -- see
which -- here it is -- Exhibit 3. 10,000 shares.
Q. Okay. And you own one and Peter Koeck
owes -- owns 1,000. Who owns the remaining
shares?
A. No one.
Q. And -A. They're unissued.
Q. And do you know the value of the shares?
A. No.
Q. Okay.
A. Okay. Why don't we take a break.
Q. We can take a short break, if you'd like
to.
A. It's an hour -- five minutes.
VIDEOGRAPHER: Off the record at
2:19 p.m.
50 (Pages 194 to 197)

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at 2:19 p.m., and subsequently

reconvened at 2:25 p.m., and the
following proceedings were had and
entered of record:)
VIDEOGRAPHER: Back on the record at
2:25 p.m.
Q. (By Ms. Tranel) Okay. You have your
corporate, um, book with you?
A. Yes.
Q. Do you have a copy of a March 30th, 2004
waiver of the notice of first meeting of the board
of directors of S & C Corporation?
A. Yes, I have that. And to clarify one
thing on the purpose, I told you about S & C -what we first discussed. Ultimately, of course,
the purpose of the corporation for -- was real
estate development. I don't know if you
understood that or not.
Q. You didn't -A. From surplus -- originally what we
discussed. But then it became a real estate
operation.
Q. Okay. Um, on the answers that you
provided to me in discovery, on the page after
that -- or behind that, there's a letter. What
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of attorney?
Q. Any power of attorney.
A. I have a power of attorney for Peter
Koeck.
Q. Okay. When did he give you that power of
attorney?
A. I don't recall.
Q. Okay. Does it authorize you to do
corporate business on behalf of Peter Koeck?
A. I -- I don't recall. I don't -- I don't
have it with me to look at. And I -- do you have
one I can look at it -- if you have one, I'll look
at it.
Q.. You signed -- you signed one of these
documents as Bernard -- Don Bernard as POA for
Peter Koeck, didn't you?
A. Let me see it.
Q. The -- it's Exhibit No. 2, right there on
the bottom.
A. Oh, okay. Yes.
Q. Okay..
A. Yes.
Q. Do you have a power of attorney for Peter
Koeck?
A. I have a power of attorney from Peter
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does that letter say?

A. "I offer to purchase 1,000" -- "I the
undersigned hereby offer to purchase 1,000 shares
of common stock of the corporation at a total
price of $1,000."
Q. And who signed that?
A. Peter Koeck.
Q. Okay. So, was the value a dollar a
share?
A. At that point, yes.
Q. Okay. Do you know how Pete paid for
those shares?
A. I don't recall.
Q. Okay. Did -- do you know if he deposited
money into one of the corporation's bank accounts?
A. I don't recall where he deposited it.
Q. You don't know?
A. I don't recall where it was deposited.
Q. Okay. Do you have a power of attorney
for anyone in the corporation?
A. For anyone in the corporation? I don't
have a corporate power of attorney.
Q. Do you have a power of attorney from
anyone in the corporation?
A. Are you asking -- a -- a personal power
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Koeck, yes.
Q. Do you have a copy of it with you?
A. No.
Q. Okay. And does that authorize you to
conduct corporate business on his behalf?
A. I'm -- if I signed that, I'm sure it
covers it.
Q. Okay. Has that ever been revoked?
A. Never.
Q. Has it ever been recorded?
A. Yes.
Q. Where?
A. Jefferson County records -Q. When was it -A. -- with the recorder.
Q. -- recorded?
A. Prior to the time that he left the U.S.
Q. And that was -- that was recorded in
Jefferson County?
A. Yes.
Q. Okay. Does anyone else in S & C have
power of attorney for any other member?
A. I saw one that you attached to your
amended complaint.
Q. Who was that from?
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A. Do you have the amended complaint? I -I believe it was from Peter Koeck.
Q. To whom?
A. To Do -- Robert Donat.
Q. Okay.
A. But the -Q. Does anyone else -A. I've never seen that before. But it's in
your complaint.
Q. Does anyone else in S & C have a power of
attorney from anyone else?
A. I'm not aware of any.
Q. Have you ever given a power of attorney
to Peter Koeck?
A. I don't recall. I don't recall if I
have.
Q. Okay. Do you know Bob Donat?
A. Yes.
Q. How do you know him?
A. He came to work for S & C Corporation.
Q. When did he come to work for S & C?
A. In 2004, as I recall.
Q. Who hired him?
A. Peter Koeck.
Q. To do what?
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authorize his compensation.

Q. Did you make a recommendation about what
his compensation should be?
A. No.
Q. Okay. Do you know if he was paid health
insurance?
A. I don't recall that, no.
Q. Who, um -- was -- was Bob authorized to
set up accounts for S & C Corporation?
A. Whatever the minutes authorized is what
he's authorized to do.. Are you looking at a
particular set of minutes regarding Bob Donat -Q. I'm asking you if you know from your
personal knowledge.
A. I'm looking at the minutes of June 7,
2004, where it sets out what he's -- what the
officers are supposed to do and authorized to do.
Q. And what does that say he was authorized
to do?
A. It says: "The person who's elected to
the offices that" -- "opposite his name to assume
the duties and responsibilities fixed by the
bylaws by the undersigned as the sole director of
the corporation."
Q. And what does it say underneath that?
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A. To, um, find some property and develop

it.
Q. Okay. Was there a corporate action taken
that authorized that -A. Yes, there's some minutes that -Q. -- hire?
A. -- refer to that.
Q. Okay. Did you involve -- were you
involved in the hiring of Bob Donat?
A. No. Pete worked directly with him.
Q. Were you involved in it in any way?
A. In hiring him -Q. Yes.
A. -- is that what your question is? What
is your question?
Q. Were you involved in hiring Bob Donat?
A. I did not hire him and I wasn't told to
hire him.
Q. Okay. Did you participate in the hiring
of Bob Donat in any way?
A. Regarding his compensation, I think we
put that in the minutes, if you want to go to
that.
Q. Did you authorize his compensation?
A. I didn't have any authorization to
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A. "Construction supervisor, Bob Donat;

assistant secretary, Donald R. Bernard."
Q. Okay.
A. And then it says: "Resolve that the
president enter into an employment agreement with
Don -- Robert -- or Bob Donat, which is mutually
agreeable."
Q. Okay. What does it say after that?
A. There's two resolutions.
Q. What -- what was -- the next resolution
say?
A.. "Resolve that the president retain
services of Boyd Taylor, CPA on a mutually
agreeable fee basis."
Q. Okay.
MS. TRANEL: I'd like to mark this as an
exhibit. And I don't have an extra copy, so I'll
have to make -A.. You want to make -Q. Yeah. You know, I'm going to actually
want to make a copy of all of your stuff, so if
you want to go off the record and take a short
break to do that, that might be the most
productive way to proceed here.
VIDEOGRAPHER: We're off --
52 (Pages 202 to 205)

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A. Okay.
VIDEOGRAPHER: -- the record at 2:35 p.m.
(Whereupon, a short break was taken.)
2:39 p.m.
A. Let me clarify one thing: On the hiring
you're talking about, the negotiations and all,
Pete was involved in that. I signed the letter
agreement with Robert Donat, but I didn't
negotiate with him -- the hiring. I was directed
to do that by the president.
Q. (By Ms. Tranel) Don, are these meet -minutes in order?
A. Um, I thought they were.
Q. I'm looking for a copy of that one that I
think we should have just had copied to make as an
exhibit.
A. Let me look back.
Q. No, it's a March -- it was a March 30th,
2004 meeting. But it's not in my stack of copied
documents.
A. Okay. Wait a minute. What -- what date
are you looking for?
Q. The March 30th, 2004, where it was
resolved that Bob Donat would be hired as a
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Q. -- and that's not here.

A. -- it must be -Q. Here it is, right here.
A. Okay.
Q. This is what I want to have copied. But
for some reason, that's not -- you handed this
whole stack, right?
A. Yeah.
Q. It should be in here.
2:42 p.m.
VIDEOGRAPHER: We're back on the record
at 2:43 p.m.
Q. (By Ms. Tranel) Why was Bob hired by
S & C Corporation?
A. He was hired to assist in acquiring
property to develop into a subdivision.
Q. Okay. And the S & C Corporation minutes
show that he was, um, hired on June 7th of 2004.
Is that right?
A. The -MS. TRANEL: I want to make that a
deposition exhibit.
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construction supervisor. Where is that document?

A. We just had it here.
Q. Yeah. And we should have -- it should
have been photocopied, but it's not in this stack
that we just had photocopied.
A. March -- March 30th, 2006? Is that -Q. It's not -A. -- no, you mean 2000 -- oh.
Q. March 30th of 2004 -- I -- no -- when was
that -- those res -- those resolutions that we
were just reading from? And I thought we just
handed it to be copied, and I don't see it in this
stack right here. So, I'd like to make that as a
deposition exhibit.
A. March 30, 2004.
Q. (By Ms. Tranel) And that has the
resolution, but -- okay.
A. What's that?
Q. This isn't the one you were just reading
from. The one you were just reading from was the
one that said that it was resolved that Bob Donat
would be hired as the construction supervisor -A. Okay --
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A. June 7th? It says: "The employment
agreement should be entered into" -Q. Okay.
A. Yeah.
Q. And do you have a copy of that employment
agreement?
A. No. I think that was in your complaint.
It was attached. I -- I don't have one here, but
you have -Q. Is there a copy of the employment
agreement in the corporate minutes?
A. No.
Q. Okay. Who drafted that employment
agreement?
A. It was a letter drafted by me.
Q. You drafted it?
A.. Um, I -- let me back up a minute. If we
have it somewhere, I -- I'd like to look at it.
I'm not sure that's what Robert Donat gave me to
sign or whether I prepared it or someone else. I
might be able to tell from looking at it.
Q. Okay. I'm handing you a document that's
-- it says it's a profit-sharing agreement. Is
that the employment agreement that S & C entered
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into with Bob Donat?

A. No.
Q. Okay. What is that agreement?
A. It's one signed by Robert Donat to Robert
Donat.
Q. And what is it?
A. It's a profit-sharing agreement.
Q. Okay. And what does it accomplish?
MR. MEYER: Objection: Calls for a
conclusion -Q. (By Ms. Tranel) You can answer.
A. I -- I don't know what it is -Q. (By Ms. Tranel) You -A. -- except what it says.
Q.. Okay. Have you ever seen that document
before?
A. I saw it in your complaint the first
time.
Q. Okay. And is that the first time you
ever saw it?
A. Yes.
Q. Okay.
MS. TRANEL: I'll mark that as Deposition
Exhibit No. 11.
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Q. And how many shares are issued to him?

A. One.
Q. Whose handwriting is that on those -A. On -Q. -- on the second -A. -- which one?
Q. -- on the second page?
A. On the second page?
Q. Yeah.
A. The printed -Q. Yes.
A. -- is -- that's not handwriting, but I
printed that.
Q. That's yours? Okay. And whose signature
is on the first page of that?
A. Peter Koeck and Frank Heilig.
Q. Okay. Can I make copies of those six
documents and have -A. You want -Q. Yes.
2:48 p.m.
2:49 p.m.
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Q. (By Ms. Tranel) What are these documents
here? They're from your book.
A. Yeah. Okay. They're the same ones from
the corporate book. And can we make copies of
these?
Q. We'll make copies of them. Can you tell
me what they are?
A. They're stock certificates and -- they -recorded page re -- as Stock Certificate 1, 2, and
3.
Q. Okay. And who -- on the first stock
certificate, whose name is on that certificate?
A. Peter Koeck.
Q. And how many shares of stock does that
issue to him?
A. 1,000.
Q. Okay. And on the second stock
certificate, whose name is on that?
A. Bob Donat.
Q. And how many shares does that issue to
him?
A. One.
Q. And on the third, whose name is on that?
A. Don Bernard.
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Q. (By Ms. Tranel) Don, these will be

marked as Deposition Exhibit No. 12. And if you
look at those, Don, what is the date of the
certificates to you and to Bob?
A. May 2nd, 2005.
Q. (By Ms. Tranel) Okay. I'm handing you a
typed letter from Peter Koeck to you.
A. Mm-hmm. Yes.
Q. Can you read that letter?
A. "Dear Don,
"Pursuant to my conversation with Bob
Donat regarding ownership in S & C Corporation, I
authorize you to issue one share of stock in that
corporation to Bob and one share of stock to
yourself, by signing my name on this certificate
as president, in accordance with your power under
the Power of Attorney I previously granted to
you."
Q. And is it -- whose signature is that?
A. Peter Koeck.
Q. Okay.
MS. TRANEL: I'll mark that as the next
deposition exhibit.
54 (Pages 210 to 213)

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Q. (By Ms.. Tranel) Okay. So -- now, Bob
was hired, um, to do construction for S & C
Corporation. Is that right?
A. Yes.
Q. Okay. And what else was he hired to do?
A. He was authorized to find property to
develop.
Q. Okay. And did he do that?
A. Yes, he found the property.
Q. What property did he find?
A. The section that was made a subdivision
west of Whitehall and north of Interstate 90.
Q. Okay. Did he purchase property for S & C
Corporation?
A. S & C purchased it, yes.
Q. How did S & C pay for it?
A. From the S & C Glacier account -Q. Who -A. -- bank account.
Q. -- who signed the check?
A. I don't recall.
Q. Did you?
A. I -- I just don't recall who signed the
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what was happening?

A. I was out there, um, no more than once or
twice. I don't -- I don't think I was out there
any more than that.
Q. Okay.
A. It was his responsibility, and he and
Pete had worked that out.
Q. Who did Bob report to?
A. Pete.
Q. Who -- was -- was Bob authorized to sign
checks for S & C Corporation?
A. Yes.
Q. And did he do that -- do you know?
A. Yes.
Q. Out of which bank account?
A. Glacier.
Q. Okay. Was he authorized to sign on the
Rocky Mountain Bank account?
A. No.
Q. Ever?
A. Never.
Q. Okay. How was Bob compensated?
A. The -- the agreement -- letter of
agreement that I referred to that I don't have a
copy of here -- you may -- authorized him to
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check, but it was paid for by -- through the

Glacier account.
Q. Okay. Was that -- that was a check, so
that came directly out of the bank account. Um,
who -- who was that purchased from, do you know?
A. I don't remember her name. It was an
attorney, I believe.
Q. Okay. Um, and what was Bob's job? What
was he supposed to do with that?
A. With the property?
Q. Yes.
A. He was supposed to, um, obtain a -- a
subdivision, um, plat for it, have it surveyed,
and then submit it for approval to the county.
Q. Did he do that?
A. As far as I know, he did.
Q. Okay. Um, and then was -- what else -what was Bob supposed to do after that?
A. He was supposed to construct the roads
and put in the underground.
Q. Did he do that?
A. As far as I know, he did.
Q. Okay. Did you oversee his work?
A.. No.
Q. Did you go out to the land and look at
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receive a percentage of the net profit from the

subdivision.
Q. Okay. So there was a profit-sharing
agreement?
A. Yes.
Q. Okay. In addition to that, did Bob have
any kind of a monthly or an annual salary?
Q. Okay. So the only compensation he got
from the corporation that you know of was a
profit-sharing agreement?
A. Yes.
Q. Okay. Can you look at that Deposition
Exhibit No. 11? And this profit-sharing
agreement, which has been marked as Exhibit
No. 11, you've testified you've never seen before?
A. That's right.
Q. Okay.
A. This is dated in 2006. I'm not aware of
any -- being authorized in 2006.
Q. Is there a separate profit-sharing
agreement somewhere?
A. Yes.
Q. Where?
A. I don't -- I don't know where it is right
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Donald Bernard
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now, but -Q. Who knows?

A. Pardon?
Q. Who knows?
A. Nobody's asked for it, and we'd have to
look for it, I guess.
Q. Is it in the corporate books?
A. I don't see it in the corporate book.
Q. Okay. But it exists?
A. Yes.
Q. Do you know where it is?
A. I think I can get a copy of it.
Q. Okay. When can you get me a copy of it?
MR. MEYER: It's already been produced in
discovery.
MS. TRANEL: Where is it?
Q. (By Ms. Tranel) I want a copy of it.
Can you get me a copy of it?
A. Well -MR. MEYER: It's already been produced.
A. I gave -Q. (By Ms. Tranel) I'm asking for a copy of
the -A. I gave it to my attorney.
Q. If there's another copy -- if there's
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kept track of the money that Bob was spending on

behalf of S & C to develop the subdivision?
A. Bob Donat.
Q. Did anybody else?
Q. Did you?
A. No..
Q. Okay. Um, did -- you -- you testified
that S & C had an accountant. Is that right?
A. Yes.
Q. And -- and who was that?
A. Boyd.
Q. Boyd Taylor?
A. Yes.
Q. Who hired him?
A. Peter Koeck and I, and perhaps -- I -- I
believe Bob Donat was there. I'm not sure if he
was there on the initial meeting.
Q. Have you asked for S & C records from
Boyd Taylor?
A. Yes.
Q. Has he produced them to you?
A. Tax returns, I believe, are the only
things that he had. The rest of the returns, Bob
Donat has -- I mean, the best -- the rest of the
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another profit-sharing agreement separate from

this one and you have it, I want a copy of it.
A. Okay. I gave it to my attorney and I -Q. Okay.
A. -- pres -Q. And you'll produce another copy to me?
A. I don't have another copy; my attorney
has it -Q. Okay.
A. -- any -- I don't have any other copies.
Q. Okay. And there's nothing above and
beyond what you've produced in discovery -A. No.
Q. -- is that your testimony?
A. That -- that's correct.
Q. Okay. You've produced to me everything
that exists in the corporation -- corporation's
records?
A. That's it.
Q. All of the profit-sharing agreements that
exist have been produced to me?
A. If that was in what was produced to you,
that's what I intended to produce, and it should
be there.
Q. Okay. Okay. We'll leave that here. Who
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records, Bob Donat has.

Q. Okay.
A. We -- we requested some months ago the
accounting.
Q. Boyd Taylor repre -- he pro -- he
produced to you the records that he had?
A. He produced them at that time, but we've
not gotten them from Robert Donat.
Q. Okay. Um, so do you have a copy of
S & C's tax returns?
A. Boyd Taylor gave us copies of the tax
returns.
Q. For what years?
A. All that were required to be filed, I -I believe, he gave to us. I don't recall. I
don't have them here.
Q. Did you review them?
A. I saw them; I -- I didn't review them in
detail because I'm not an accountant.
Q. Okay. Did S & C own -- own any other
property than that one section?
A. No.
Q. Okay. In Argentina?
A. No.
Q. That was all owned by Sol Pico?
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A. Yes.
Q. Okay. Were any of the funds that were
used to purchase that money, did they come from
S & C?
A. No.
Q. Do you have any interest in S & C's
property?
A. What property?
Q. The -A. S -- S & C property?
Q. Mm-hmm.
A. Individually? Is that what you're
asking?
Q. Yes.
A. No.
Q. Okay. Do you have your discovery
responses with you today?
A. No, I don't have them with me.
Q. Okay. Okay. In your, um, responses to
requests for admissions, you were asked to admit
that S & C accepted money transmitted from Bob
Donat for the loss in the subdivision?
A. Can I look at that?
Q. Yes. I'm looking at -A. Which one are we talking about?
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were developed -- do you -- do you know?

A. I -- I don't know.
Q. Okay.
A. But your question, I can't answer, other
than as we have answered -- is that what you're
asking me?
Q. I'm -- I -- I'm -- I'm -- are you
familiar with the lots in S & C subdivision?
A. I'm familiar with them.
Q.. Okay. Do you know where they are?
A. I couldn't drive to them, no.
Q. Okay. Do you know who has purchased lots
in the subdivision?
A. I have some names of some buyers that
have purchased.
Q. Do you know which lots have been sold?
A. No, I -- I -- without reviewing the
records, I -- I couldn't tell you.
Q. You don't know?
A. Not off -Q. Okay.
A. -- not just now, no.
Q. Okay. Was S & C paid for the lots that
were sold?
A. I'm not seeing any record of who paid
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Q. This one right here. And you can look at

that if you don't have it with you.
A. What is your question?
Q. Do you remember giving that answer to
that question?
A. Yes.
Q. Okay. Was S & C Corporation paid for
lots that were sold out of the subdivision that
was developed by Bob Donat?
A. Which -- which lots? These lots?
Q. For any of the lots that were -A. "Describe in A and B" -- this one -- is
-- did you supplement this?
Q. Okay. I'm going to hand you what we'll
mark as the next deposition exhibit.
A. Okay.
Q. (By Ms. Tranel) Do you recognize what
that document is?
A. No.
Q. Okay. Is that a description of the
development that S & C engaged in?
A. It appears to be -Q. Okay.
A. -- a description.
Q. Okay. And are those all of the lots that
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what for any lot.

Q. Do you -A. We haven't received an accounting.
Q. Do you know?
A. No.
Q. Okay.
MS. TRANEL: We'll mark this as the next
deposition exhibit.
Q. (By Ms. Tranel) Did Peter ever receive
any accounting or discuss any offers that you know
of?
A. About -- of what?
Q. The -- the lots?
A. Any of the lots?
Q. Yes..
A. I don't know.
Q. You don't know?
A. I don't know.
Q. Okay. Did, um, S & C Corporation enter
into a buy-sell agreement with Bob Donat for the
purchase of any of the lots?
A. There was one that you attached to your
complaint that I was not aware of. That's the
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only one I know about.

Q. You had never seen that document before?
A. That's correct.
Q. Okay. Do you know which lot it was that
was the subject of that buy-sell agreement?
A. It was the one where the Quonset hut is.
Q. Can you describe -- can you -- base -from your knowledge, can you show me on this -A. No.
Q. -- exhibit where that is?
A. No.
Q. Okay. Are you contesting Bob's purchase
of that lot -A. I think that's a -Q. -- in this litigation?
A. -- conclusion I -- I'm really not
qualified to answer.
Q. Do you know?
A. Do I know what?
Q. Whether or not you're contesting Bob's
purchase of his -A. In -- in this lawsuit?
Q. -- of his lot, pursuant to the buy-sell
agreement that he entered into with the
corporation?
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A. This one? I don't know without seeing

the descriptions. And this just says lot numbers
and acreage.
Q. Do you know -- you -- is it your
testimony that you don't know which lots are the
subject of this litigation?
A. I know from what you -- what had been -what has been identified in the complaint.
Q. Okay. I'm handing you what's identified
as a buy-sell agreement. Whose signatures are on
the second page of that agreement?
A. It appears to be Robert Donat and Peter
Koeck. But I can't tell from the signature -- the
signatures. I'm not a -- an expert on signatures.
And they actually look somewhat different from
some I've seen, so I -- I can't identify.
Q. Okay. If you look at the first page of
that agreement -A. Yes.
Q. -- what lot is identified in the property
description?
A. It says: "Lot 1 of S & C No. 1 minor
subdivision."
Q. Which lot is that on that exhibit?
A. Well, it doesn't say which subdivision
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MR. MEYER: Objection: Attorney-client

privilege. I'm going to instruct you not to
answer that.
MS. TRANEL: He's a defendant in this
lawsuit. I'm asking him if he contests the
purchase of that agreement. I want to know, and
I'm entitled to know -MR. MEYER: No -- no -MS. TRANEL: -- what his position is in
this lawsuit as a defendant.
MR. MEYER: And the objection stands.
Q. (By Ms. Tranel) I'm asking you to answer
the question.
A. I -MR. MEYER: Don't answer.
Q. (By Ms. Tranel) Are you refusing to
answer?
A. Yes.
Q. Are you re -- are you refusing to answer
on advice of your counsel?
A. Yes.
Q. Okay. Do you know which lots are the
subject of this lawsuit?
A. You're referring to Exhibit 14?
Q. Yes.
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this is in. It just -- we have lot numbers and

acreage. That's all that's on this.
Q. Okay.
A. So I don't know which it is.
Q. Is the lot that's identified in the
buy-sell agreement at issue in this litigation?
A. Again, I don't know. I can't answer
that. I've discussed it with my attorney and -Q. I'm not asking you to talk about any
discussions you've had with your attorney. I'm
asking you, to the -- to your knowledge, are you
challenging Bob's ownership interest in that
property?
MR. MEYER: Objection: Attorney-client
privilege.. I instruct you not to answer.
Q. (By Ms. Tranel) Are you challenging
that?
MR. MEYER: Same objection.
Q. (By Ms. Tranel) Will you answer the
question?
A. No.
Q. And why are you refusing to answer the
question -A. On advice of counsel.
Q. Okay. So you're -- you're refusing to
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answer the question about whether or not you're

challenging Bob's ownership?
A. Yes.
Q. And the basis for your refusal to answer
is what?
A. Attorney-client privilege.
Q. Okay.
MS. TRANEL: I'll mark this as the next
deposition exhibit.
Q. (By Ms. Tranel) Did Bob Donat have Peter
Koeck's power of attorney, to your knowledge?
A. I didn't know it until you recorded it -or he recorded it in county.
Q. Okay. Have you ever seen that document
before?
A. Yes.
Q. Okay. Where have you seen it?
A. In the -- I believe it was the amended
complaint.
Q. And what is that document?
A. This is a durable power of attorney.
Q. From whom?
A. From Peter Koeck.
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Donat as the vice president of S & C Corporation

to enter into any contracts or to execute and
deliver any instruments on behalf of S & C
Corporation, including but not limited to entering
any contracts for the purchase or sale of [real
estate]" -- "of real property owned by S & C
Corporation or otherwise. This authorization
shall be valid until terminated by S & C
Corporation in writing."
MS. TRANEL: Okay. I'll have that as an
-- marked as the next deposition exhibit.
A. It's not -- it's not dated.
Q. (By Ms. Tranel) Is it signed?
A. There appears to be a signature by Peter
Koeck.
Q. Okay. And this is a copy of the minutes
of the October, 2006 meeting of the corporation.
Were you at that meeting?
A. October 31st, yes.
Q. Okay. Were you at that meeting?
A. Yes.
Q. And was there some discussion at that
meeting?
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Q. And is that Peter's signature -- to the

best of your knowledge?
A. To the best of my knowledge, it appears
to be -Q. Okay.
A. -- his, but I'm not an expert.
deposition exhibit.
Q. (By Ms. Tranel) And that's an
authorization to enter into contracts. If you'll
take a minute and review that document. What does
that document authorize?
A. It says: "Authorization to enter into
contracts."
Q. And what does it do?
A. Well, it's a -- it just says -- all I can
do is read this, what it says. You want me to
read it?
Q. Sure.
A. "By the signature below, Peter Koeck, the
president and principal shareholder of S & C
Corporation, hereby, pursuant to Section XII of
the bylaws of S & C Corporation, authorizes Robert
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A. Yes.
Q. And what was the purpose of the meeting?
A. To enter a -- to have a resolution
passed -- I'll read this to you: "That Bob Donat,
vice president, has directed to negotiate and sell
all real estate belonging to the corporation that
is located in the state of Montana on terms or
conditions satisfactory to board of directors."
MS. TRANEL: Okay. We'll have that
marked as the next deposition exhibit.
Q. (By Ms. Tranel) Did Bob Donat negotiate
the sale of real estate -- to your knowledge?
A. Yes.
Q. Okay. And did he enter into any
contracts to sell real estate?
A. Did he -- repeat that.
Q. Enter into any contracts to sell real
estate?
A. I've not seen him.
Q. To your knowledge, did he?
A. I assume -- I can't -- well -Q. Do you know?
A. I don't know --
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Q. Okay.
A. -- if he did.
Q. Was any of the real estate from S & C
sold?
A. I understand it was.
Q. Okay. Where were the profits of those
sales deposited -- do you know?
MR. MEYER: Objection: Assumes facts not
in evidence.
Q. (By Ms. Tranel) Do you know where the
profits from those sales were deposited?
A. I haven't been able to determine that.
Q. Okay. When was Bob's position with S & C
terminated?
A. In December of 2006 -- '7 -- 2007.
Q. How was it terminated?
A. By a meeting of -- special director's
meeting on December 13th, 2007.
Q. So what was the date of Bob's termination
from the corporation?
A. December 13th, 2007.
Q. Okay. And when was Bob notified that he
was terminated?
A. I don't know.
Q. Was he notified?
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the corporation?
A. I do not know. Other than from the
public filings, he would have been notified.
Q. Did you call him and tell him?
A. I didn't talk to him at that time, I
don't believe.
Q. Did, um -- to your knowledge, did Bob
tell him -- or I'm sorry -- Pete tell him?
A. I do not know.
Q. Okay. Who signed the 2007 tax return for
the S & C Corporation?
A. Do you have them there? I -- I don't -Q. Do you know?
A. No.
Q. Did you sign it?
A.. No.
Q. Did Pete sign it?
A. I don't know.
Q. Okay. Was one filed?
A. I don't know. I don't have copies of
them.
Q. Okay. You said that you reviewed them.
A. Well, I looked at them, but I don't
recall who signed them.
Q. Okay. All right. I'm handing you an
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A. The annual report was filed, is all I

did.
Q. When did you file the annual report?
A. About -- about that time, I believe -- in
December, 2007.
Q. Okay. Did you ever notify Bob that he
had been terminated?
A. No. Other than filing with the state.
Q. Did Peter Koeck ever notify Bob term -Bob that he had been term -- terminated -A. I don't know.
Q. -- to your knowledge?
A. I don't know.
Q. Would Bob have known in any way that he
had been terminated if you ne -- neither you nor
Pete had told him?
A. I don't know. Other than the recording
with the state, which is public knowledge.
Q. Okay. Was Bob's power of attorney from
Pete Koeck ever revoked?
A. Yes.
Q. Okay. How was that done?
A. With the affidavit that was filed.
Q. Okay. Was Bob -- was Boyd Taylor ever
notified that Bob Donat had been terminated from
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e-mail copy from you to Pete. Could you read that

highlighted section there?
A. Okay. "Then it would be time for you to
advise him that he has no authority to dissolve
the corporation or act to dispose of any assets,
since he has finished his work for you."
Q. What's the date of that e-mail?
A. Um, March 7th.
Q. Of what year?
A. 2008.
Q. Okay. So it's three months after the
corporation terminated him?
A. This would be about three months, yes.
Q. Why is Peter e-mailing you to tell Bob
that he's been terminated three months after he
was terminated?
A. He was e-mailing me?
Q. Why are you -A. No -- I mailed him -Q. -- who's that from -- who's that e-mail
from?
A. It's from me.
Q. To whom?
A. To Pete.
Q. Why are you telling Pete?
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A. Because I was concerned about the fact

that Donat had advised that he had dissolved the
corporation, and there was no authority for that.
Q. Did he know that he had no authority for
that?
A. Absolutely.
Q. How would he have known that?
A. He had no authority to dissolve the
corporation.
Q. Did you tell him that?
A. He -- he had no directive from the board
of directors.
Q. Okay.
A. We -- as far as I know, you can't do that
unless you have authority to do it. That's -Q. Okay. I don't -- I don't understand.
Maybe you can explain to me why three months after
you terminated him, you're telling Pete to tell
him.
A. This must be a response to Donat's
notification that he had -- here it is -- from
Donat to Pete the day before -- or two days, says:
"All of the final tax returns are filed. The
company has been dissolved. There are no debts,
liens, or assets left, and the remaining money in
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asking me about before we took a break, this -the minutes of December 13th refer to termination
of authority of Robert Donat to transfer our -any property. It had nothing to do with
administrative matters such as signing tax returns
and so on. It's -Q. (By Ms. Tranel) So Bob -A. But -Q. -- Bob was retained by the corporation
after December of '07 -A. He -Q. -- in some capacity?
A. -- he was not -- he was not terminated by
this -- as I read this.
Q. Okay. So -- so Bob still had a role in
S & C after December of 2007?
A. Yes.
Q. And what was that role?
A. Everything other than -- that his duties
included everything except executing documents to
transfer property.
Q. Okay. And did you ever advise Bob about
the narrowing of his roles?
A. I personally did not.
Q. Did Peter?
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your account" -- blah, blah, blah. That is right

here. And he had no authority to do that.
Q. Okay. So, if that authority had been
revoked, why didn't you tell him that?
A. No one would have the authority unless
there was a corporate resolution authorizing -and with the consent of the shareholders -- to
dissolve a corporation.
Q. Okay.
MS. TRANEL: I'm going to have this -just this page marked as a exhibit.
A. Let's take a quick break. It's been
another hour.
3:20 p.m.
at 3:20 p.m., and subsequently reconvened
at 3:30 p.m., and the following
proceedings were had and entered of
record:)
3:30 p.m.
A. To -- to further clarify what you were
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A. I don't know.
Q. Okay. Was Bob ever finally and
completely terminated from S & C?
A. I did not terminate him. I didn't have
that authority. The board of directors -- I don't
know if Peter Koeck did directly with him or not.
Q. To your knowledge, is Bob still a
participant in S & C?
Q. Okay. How -- why not?
A. He doesn't have any office. He doesn't
hold any office in S & C. That report was filed
with the -- as I testified, it was filed with the
secretary of state sometime in December of 2007.
Q. Okay. So can he still do everything
other than transact land sales?
A. No. He -- he's not an officer -- wasn't
an officer after that time.
Q. Was he an officer before that?
A. Yes.
Q. Okay. When did he become an officer?
A. On April 19th, 2005.
Q. By what mechanism did Bob become an
officer?
A. At the annual meeting of the board of
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directors.
Q. Okay. And when was he removed from his
role as an officer?
A. In December of 2000 -- rather -- just a
moment and I'll look at the minutes. What I'm
looking at -- in the minutes of the annual meeting
of the board of directors, it reflects that, um,
he was not reelected as vice president.
Q. Which minutes are those?
A. December 7 -- excuse me -- that is April
7th, 2008.
Q. Okay. Um, I'm going to hand you what's
titled an affidavit. Is that document familiar to
you?
A. Mm-hmm.
Q. Who wrote that document?
A. I did.
Q. Is that your signature on there?
A. Yes.
Q. And what's the date of that document?
A. February 20th of 2009.
Q. Okay. And what's this document?
A. It's an affidavit.
Q. Who wrote that?
A. I did.
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computers?
A. It depends on which -- if I used a public
computer, it wouldn't have been saved; I would -printed it.
Q. Do you know?
A. I don't know.
Q. All right. Who initiated the filing of
these affidavits?
A. Peter Koeck, the president.
Q. Did he contact you?
A. Yes.
Q. It was his idea?
A. Yes.
Q. And what was the purpose of them?
A. To give notice that these properties that
are described here were not authorized to be
transferred to Robert Donat. And he instructed me
as secretary to file these -- secretary of S & C.
Q. What corporate resolution or minutes or
documentation do you have rescinding Bob's
authority to transfer those lots?
A. I believe that is the minutes that we
discussed earlier on -- the 13th of December,
2007, there was a meeting of the board of
directors and a resolution was voted at that time
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Q. And is that your signature?

A. Yes.
Q. Okay. And I'm handing you a third
document, and what is that titled?
A. Affidavit.
Q. And who wrote that document?
A. I did.
Q. Is that your signature on it?
A. Yes.
Q. Where did you write those documents?
A. I don't -- I do not recall where I wrote
these.
Q. Was it on a computer?
A. Yes, but I don't know which one.
Q. Okay.
A. Because I -- I didn't always use the same
computer.
Q. Okay. What's the most recent date of
those affidavits?
A. February 20th, 2009.
Q. Okay.. Do you remember where you wrote
that affidavit?
A. I don't recall where I was at the time I
wrote that.
Q. Okay. Would it be saved on your home
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to terminate his authority -Q. Who attended -A. -- to transfer.

Q. -- who attended that meeting?
A. That was Peter Koeck.
Q. Who else attended it?
A. I was there as secretary.
Q. Where was it held?
A. It was held in Buenos Aires.
Q. How did you attend?
A. I was sitting at the same table with
Peter Koeck.
Q. You flew to Buenos Aires?
A. Yes.
Q. For the purpose of having this meeting?
A. Yes.
Q. Okay. Did Peter ask you to come down?
A. Yes..
Q. Did he pay for your flight?
A. I don't recall if I paid for it or he
paid for it. He may have reimbursed me. I don't
recall.
Q. All right. Did S & C pay for it?
A. I don't recall.
Q. Who drafted those corporate minutes?
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A. I did that.
Q. When?
A. While I was there.
Q. On what computer?
A. The computer in the hotel.
Q. What hotel?
A. The -- I believe I was in the Hilton
hotel, in the business center.
Q. Okay. So Pete signed them while you were
there?
A. Yes.
Q. Can you -A. The waiver.
Q. -- tell me -A. The waiver.
Q. Can you tell me what the purpose of those
affidavits is?
A. To give notice that Bob Donat did not
have authority to transfer real property.
Q. Why did you rescind his authority?
A. If you look at the minutes of the special
directors meeting, December 7th, 2007, by
telecommunications, um, it recites -- you want me
to read this?
Q. No. I want you to tell me from your
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Q. Okay. So, Peter's concern was twofold?

A. Yes.
Q. Okay. Number one?
A. Number one, they weren't sold -- they
were not sold as represented by Donat to a Three
Forks developer, and there's no money anyway.
Q. Okay.
A. There's no contract with Bob Donat.
Q. And that's number two: There was -- no
money was paid for them?
A. Yes.
Q. Oh -- okay. To the best of your
knowledge, was there any concern about who the
purchases -- purchasers of the other lots were?
A. Which other lots?
Q. All of the other lots in S & C
Corporation. If you look at Exhibit 14, you can
see on there that these lots all stamped sold -A. Mmm, yes.
Q. Did you care who purchased those lots?
A. I -- I didn't know if they were sold.
Q. So you didn't care who purchased them?
A. I didn't -- you -- you mean as secretary?
I -- I didn't even get involved in it.
Q. Okay. Did Peter care who ser -- who
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memory, your personal knowledge, of why his

authority was rescinded?
A. Oh, because at that time, Peter Koeck had
agreed to accept a contract from a Three Forks
Montana real estate developer. And a contract was
never given to him, and Peter Koeck asked me to
check and see what happened to the property
because no money was ever paid. And so I went and
checked and saw that there were deeds to Bob
Donat, not a third party, of the lots that were
supposed to be sold.
Q. Okay.
A. And we didn't understand what was going
on. Peter said, "You got to stop this because it
-- what happened to the buyer? There's no money;
there's no buyer." So, he was very concerned.
Q. Okay. So, that was a genesis for this
meeting?
A. Yes.
Q. Okay. Peter's concern that there was no
buyer?
A. Well, that the transferred -- transferred
to Bob Donat and no money was received, and it was
not to the Three Forks developer that he had
agreed to sell them to.
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bought -- who bought those lots?

A. He wanted the lots sold, as I understand
it -- obviously. And it didn't make any
difference who bought the lots.
Q. Okay. He just wanted the money for them?
A. That's -- yes.
Q. Okay.
A. But those were market value. Those are
market prices, as I understood it.
Q. Do you know what the purchase price of
the lots were to the Three Forks developer?
A. The contract that I was familiar with was
supposed to be for $250,000.
Q. Okay. Is it your testimony that the
reason for the revocation of Bob's authority is
because Peter didn't receive money for those lots?
A. No. First of all, it -- it was supposed
to be a sale to an independent third party.
Q. Okay.
A. And secondly, 250,000 -Q. Okay.
A. -- which was not received.
Q. Okay. Let's look at the Rocky
Mountain Bank deposition exhibit. This is
Deposition Exhibit No. 6. We talked about that
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previously. What's the bank account number on

that?
A. 80032885.
Q. Okay. I'm handing you a document that
I'd like you to look at.
A. Yes.
Q. Can you see what that is? It's a check
from -- a copy of a check from Bob Donat. Who is
that made out to?
A. It's made out to S & C Corporation.
Q. Okay. And what's the amount on that
check?
A. $113,075.
Q. Okay.
MS. TRANEL: I'll have that marked as the
next deposition exhibit.
Q. (By Ms. Tranel) Okay. I'm going to hand
you a transaction receipt from Rocky Mountain
Bank. In the middle of that, it has four digits
followed by some stars. Can you read those
digits?
A. Four digits followed by stars -- oh, four
-- the last four -- 2885.
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deposition exhibit.
Q. (By Ms. Tranel) Did you ever wire money
overseas?
Q. Did you ever wire money from a bank in
the United States to any other country?
A. I have done that in the past 50 years -Q. Okay.
A. -- a lot of times.
Q. Can you tell me how that process works?
A. You normally go to the bank, and they
have a form that you have to sign giving the
instructions. You sign it, and those are
instructions for the bank to affect a transfer.
Q. Okay. How did Peter get money in
Argentina?
A. When and what? I -- I'm -- when?
Q. Was Peter given money in Argentina?
A. When?
Q. From the S & C bank accounts in Montana?
A. I don't recall if he was ever given money
directly -- what -- which event or time are you
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transaction receipt?
A. $113,075.
Q. Okay. So that shows that that money was
deposited into S & C's bank account at Rocky
Mountain Bank, doesn't it?
A. Yes.
Q. Okay. And you had the ability to sign on
that account?
A. Yes.
Q. And Bob didn't?
A. That's correct.
Q. Okay.
COURT REPORTER: Do you want this marked?
MS. TRANEL: I do, yeah. Sorry.
you a copy of a check from Bob Donat. Who is that
made pay -- payable to?
A. Surety Title.
check?
A. $125,162.36.
Q. Okay.
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talking about?
Q. Did money go from the S & C bank accounts
in Montana to Peter Koeck?
A. There's one that went out -- I'm not sure
if it went directly to him or to pay for some
equipment or something that he was buying, I
think. I -- I -- I don't know which bank now.
Q. Glacier or Rocky Mountain?
A. Rocky Mountain. I would -- I would think
there was one out of there anyway, yes.
Q. Would it have -- would that money have
been wired to him?
A. I don't know if it went to him or went to
someone to pay for something.
Q. Okay.
A. It'd be at his instructions -Q. Okay.
A. -- is -- is what I'm saying.
Q. I'm going to hand you a document from
Rocky Mountain Bank that's an incoming wire
advice -A. Okay.
Q. -- from Dragon International.
A. Oh -Q. Have you ever seen that document before?
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A. No.
Q. Do you know what it is?
A. It's an incoming wire advice of credit.
Q. Who was it wired from?
A. Dragon Advanced International Limited.
Q. Do you know who that is?
A. I know -- well, I know what it is, yes.
Q. What is it?
A. It's, um, a commercial account, um -well, it's a commercial operation that holds money
for Peter.
Q. Do you have any role in that corporation?
A.. No. No, except if Peter asked me to do
anything with that, then -- then I may have
something. I may pass on information, but that's
about it.
Q. How long has that corporation been in
existence?
A. I don't know when it was formed.
Q. Are you authorized to transact wires on
behalf of that corporation?
A. No.
Q. So would that wire have come from Pete?
A. This wire would have come from Dragon
Advance. I don't know who would have instructed
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A. No, I don't recall seeing this.

Q. Okay. Do you know what that document is?
A. It purports to be a wire advice -- a
debit. 800 -Q. For which account?
A. 80042295. I just don't recall it.
Q. What's the amount on that?
A. This is $50,000.
Q. So add those two wire amounts together.
You can just give me a rough addition. What's the
amount -A. 1 -Q. -- of those two?
A. -- 23.
Q. Approximately?
A. Approximately.
Q. Okay.
MS. TRANEL: Let's mark that as the next
deposition exhibit.
Q. (By Ms. Tranel) I'm going to hand you an
e-mail. Starting from the top, what's the date of
that first e-mail?
A. Starting from the top --
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them; I didn't.
Q. Okay.
deposition exhibit.
Q. (By Ms. Tranel) This is a Rocky Mountain
Bank outgoing wire advice. You ever seen that
before?
A. I don't recall this offhand.
Q. Okay. What does that show?
A. Um, it shows that there's a wire from
S & C to Bank Leumi.
Q. Okay. And what's the amount on that wire
transfer?
A. $73,330.
Q. Okay. I'll mark that as the next
exhibit, but I want you to hang on to it. One
second.
you another document. It's Rocky Mountain Bank
outgoing wire advice. Have you ever seen that
before?
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Q. Yes.
A. -- that's June 27th, 2008.
Q. And who is that from?
A. That's from Peter Koeck to me, and the
one below that is from me to him.
Q. The one from the first one?
A. On top?
Q. Yes.
A. That's the one from Peter Koeck to me.
Q. And what does that say?
A. It says: "Thanks, Don. I didn't know
what he was talking about."
Q. Okay. And the e-mail just below that is
what date?
A. That's June 27th.
Q. Who is that from?
A. That's from me to Pete.
Q.. You wrote it?
A. Yes.
Q. What does it say?
A. Says: "That was the 125,000, less the
so-called expenses of around 13,000, so the
balance deposited was about 113,000. I sent the
100,000 to you. It's the only deposit he ever
made to Rocky Mountain Bank."
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Q. You sent $100,000 to Pete?

A. Yes.
Q. How did you send it?
A. Well, he gave me wire instructions and I
wired it.
Q. Okay. From what account?
A. From the Rocky Mountain account of, um,
S & C Corporation.
Q. Mm-hmm.
A. Yes.
Q. To Peter?
A. I'm not sure where he said to send it,
but I sent it and I assume he picked it up.
Q. Do you have a copy of that wire?
A. I -- I imagine I do. I don't know if
I -Q. Okay.
A. -- have it.
Q. Can you get it?
A. I could probably get that.
Q. Okay. I'm requesting that you produce
that to me.
A. Well -- to my attorney.
Q. What is the, um -- what were -- I'm going
to hand you a copy of a -- Boyd Taylor's invoice.
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that S & C wasn't paid for the lots?

A. I don't believe we filed any answers.
And -- I haven't filed an answer in this case
because there're pending motions.
Q. What is the basis for your position that
S & C wasn't paid for the lots?
A. I've discussed this with my attorney and
I can't answer, on his advice.
Q. Do you know what the basis is for your
position?
A. I don't know legally what that position
is going to be.
Q. You testified the reason for revoking Bob
Donat's authority to enter into contracts was
because S & C wasn't paid. What is the basis for
that position?
A. You predicated this by stating that I was
named personally, not as an officer of the
corporation. And I have defenses personally that
have -Q. Do you have a -- do you have a basis for
-- for saying that S & C wasn't paid for the lots?
A. As an officer of the corporation, I have
not seen payment for any lots, nor have I seen a
contract with Robert Donat.
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What's the amount of that invoice?

A. 8,425.
Q. Okay. Do you know if that was ever paid?
A. No.
Q. Okay. Do you know anything about that
invoice?
A. No. I've never seen it before.
Q. All right.
deposition exhibit. And I -- I don't know where
we are, but I want that previous one marked as
well. 26, I think, is the number on that one.
MS. TRANEL: How are you doing?
COURT REPORTER: What's that?
MS. TRANEL: How are you doing?
COURT REPORTER: Fine.
MS. TRANEL: Okay.
MS. TRANEL: This'll be 27.
(Whereupon, Deposition Exhibit
Nos. 26 and 27 were marked for
identification.)
Q. (By Ms. Tranel) You're named personally
as a defendant in this litigation?
A. Yes.
Q. Okay. What's the basis for your position
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Q. Okay. Well, you just saw approximately

$250,000 deposited into S & C accounts.
A. Could I see those deposits?
Q. And you wrote an e-mail to Pete saying
that you sent him $100,000 of the money.
A. These are dated in 2007, and they're
outgoing wires. I don't have the deposits. I'm
really confused about what these are because I
don't see any deposit slips.
Q. They're wire advances to S & C
Corporation, are they not?
A. It -- it says that these are wire advice
debits. I don't know what this is for.
Q. You've never seen them before?
A. I don't recall these.
Q. Where did you get the $100,000 that you
took to Pete?
A. There's money in the account, and that
was in -- about six months after this, I believe
-- June. These are December. And then in June,
there's a deposit -- or sometime close to that -of 113 -- March, April, some -Q. That's not a deposit slip; that's your
e-mail, isn't it?
A. It's referring to 113 --
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Q.. Right.
A. -- these are not 113.
Q. Well, what does your e-mail say?
A. It says that was 125k, less so-called
expenses of around 13, so the balance deposited
was 113. That's not these.
Q. Okay.
A. So I don't know which ones we're talking
about.
Q. Is it this one?
A. Okay. Here's the 113 -Q. Okay.
A. That's not these.
Q. Okay.
A. So, that's where the hundred must have
come from.
Q. Okay. And that was deposited into
S & C's account, right?
A. Yes.
Q. Okay. So that's 113. And then what do
these -- Exhibit 24 and 25, you said total
approximately 123?
A. Well, I don't -- I -- I don't know. I've
not seen these.
Q. Okay. If you add 123 and 113 together,
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basis for your position that S & C didn't get paid

for the lots?
A. Again, we have defenses that we have not
alleged yet. We haven't had an opportunity.
Q. Do you have a basis for your position
that S & C wasn't paid?
A. I've discussed it with my attorney -Q. I don't want to know what you talked to
your attorney about; I want to know what you -A. I have no basis -Q. -- personally -- you have no basis?
A. -- myself personally, other than that -I didn't -- the -- there was never any contract
with anyone that I know of.
Q. Okay.
A. And I can't relate this to any payments
that were made that you've shown me.
Q. Do you know whether or not Pete ever
received the money for those lots?
A. No.
Q. Were you ever told by Pete that he didn't
get the money?
MR. MEYER: Well, I'm going to object
because it's assuming facts not in evidence about
receiving money for the lots.
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what do you get?

A. Whatever they total -- is 230 or so.
Q. 113 plus 123?
A. Whatever that totals to. Okay.
Q. Comes to what: 236?
A. Well, I just said, 230-something.
Q. Okay.
A. Yes.
Q. And if you add in the $8,000 that Boyd
Taylor charged you, what do you get?
A. It'd be close to 244.
Q. Okay.
A. But I -- I don't -- I'm not sure where
all this came from. I don't know where this money
came from.
Q. Do you know where it went?
A. No, because -- I don't know what these
accounts are. I don't recall them.
Q. Okay. When -- when -- on -- on
Exhibit No. 21, that's S & C Corporation's
account?
A. I know about this one.
Q. Okay.
A. Yes.
Q. So, my question to you is: What is the
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MS. TRANEL: You can answer the question..

A. I remember he was very concerned about
not receiving the funds for these lots.
Q. (By Ms. Tranel) Did you ever bring a
lawsuit against Bob?
A. No. Bob Donat?
Q. Yes.
A. No, I have not filed a lawsuit against
him.
Q. Okay. Why not?
A. We're -- I believe he sued me. Is that
what you're asking?
Q. I'm asking you why you never sued him.
A. We're in litigation right now and we're
awaiting rulings.
Q. Okay. I'm handing you an e-mail that's
been printed off a computer. At the top of that
e-mail, what does that say?
A. What is -- you mean the message?
Q. Yes.
A. It says: "Thanks, Bob. Put it in" -"yes, put it in the Rocky Mountain Bank, please.
I can use it for official use here because I've
got the checkbook. Please consult with Don in re:
Container and collection. Looks like I get my DNI
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next week."
Q. Okay.
MS. TRANEL: Go ahead and mark that as
the next exhibit.
Q. (By Ms. Tranel) Did you -- was it your
understanding that Bob had conveyed the S & C lots
to himself fraudulently?
A. The only thing I can tell you is that -MR. MEYER: Objection: Vague, as to
time.
A. Well, first, are -- which lots are we
talking about?
Q. (By Ms. Tranel) The lots that are at
issue in this litigation.
A. The four lots. He had no authority to
transfer those to himself.
Q. Okay. And yet S & C received money for
those lots?
A. I'm not aware that they have received
money for those lots -- that -- that S & C has
received the money.
Q. Okay. Why did you file these affidavits
rather than bringing a lawsuit against Bob?
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A. It's: "Don,
"Thanks for your service in this matter,
for the lots. Sell them for what you can get for.
I don't care anymore."
MS. TRANEL: Okay. I'll mark that as the
Q. (By Ms. Tranel) Are you challenging the
price of the lots that was paid in this
litigation?
A. You're as -- I think you're assuming that
it was paid, so I can't answer the question that
way.
Q. Okay. Well, we don't want to make any
assumptions. Let's go back and look at the
exhibits. This is Exhibit No. 21.
A. Yes.
Q. How much money does that show was
deposited into S & C's account?
A. $113,075.
Q. Okay. And let's look at Exhibit No. 20.
How much is that check written out for?
A. 113,075.
Q. And who is it written from?
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A. I wanted it put on notice that he had no

right to be transferring property to himself due
to his fiduciary obligations to the corporation.
Q. Did you call him and tell him that?
A. I didn't. I don't know if Pete did. I
didn't -Q. Did you ever write him a letter?
A. I did not.
Q. Why not?
A. I wasn't asked to.
Q. Did you ever consider that?
A. No.
Q. You just went and filed the affidavits?
A. Yes -- as directed by the president. I
was his secretary, so I did it.
Q. Okay. I'm going to hand you another
e-mail. If you can look at the date on that
e-mail -- what's the date?
A. December 7th, 2007.
Q. Who is that e-mail from?
A. It purports to be from Peter Koeck.
Q. Who is it to?
A. It's to Bob Donat.
Q. And can you read the highlighted portion
of that?
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A. Robert Donat.
Q. And who is it written to?
A. S & C Corporation.
Q. Okay. So, we don't need to make any
assumptions there, do we?
A. Oh, yes, we do.
Q. What assumptions do we need to make?
A. What was it for?
Q. What date is the check written?
A. March 5th -Q. What date is the deposit -A. -- of 2008.
Q. And what date is that deposit made?
A. March 5th.
Q. Okay. So -A. What is the question?
Q. Why -- I mean, does that not show that
the money was transferred from Bob to S & C
Corporation?
A. For what?
Q. Does that money show that $113,000 was
transferred from Bob Donat to S & C?
A. Yes, but there's no explanation what it
was for.
Q. Okay. What would Bob have been paying S
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& C Corporation -A. The balance -Q. -- $113,000 for?

A. -- due on that first Quonset hut
property. That's what was due, approximately..
Q. Is there an invoice for that?
A. That was the agreement, as I understood
it..
Q. Where is that agreement?
A. It was between Donat and Peter Koeck.
Q. Is it in writing?
A. I haven't seen it.
Q. Do you have any documentation to prove
that agreement exists?
A. I don't personally have any
documentation.
Q. Okay. What's the amount of that
agreement for, do you know?
A. Yes.
Q. What?
A. It -- it was for an amount less than the
market value and what Donat paid for that -- that
property and that Quonset hut.
Q. Okay. So, I -- I'm a little confused.
Maybe you can clarify me -- for me a little bit.
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Q. Okay. So you're just taking Peter

Koeck's word for it?
A. You have to ask him. That's what he told
me.
Q. Did he keep the books?
A. What books?
Q. Do you have corporate records of your
bank accounts?
A. Corporate records of the bank account -you mean statements?
Q. Yes.
A. Yes.
Q. Does Peter have them?
A. He does not have -- he -- well, I think
he has all of them from Glacier Bank now.
Q. Did he get the statements on a monthly
basis?
A. No.
Q. Does he know whether there were profits
or not from the land sales?
A. No, just from this -- from Boyd Taylor,
from the tax returns.
Q. Okay. I'm going to hand you -- let me -let me show you -- okay -- a two-page document.
You ever seen that before?
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A. All right.
Q. What are you talking about with the
Quonset hut property?
A. That was the first property transfer that
you attached a copy to your complaint for.
There's a buy-sell agreement.
Q.. Okay. So the property that's subject to
the buy-sell agreement is what property: The
Quonset -A. The Quonset hut property.
Q. Okay. And why -- how does that affect
this payment?
A. I understood this was to pay the balance
due on that. It was never paid. The difference
is -- was based on Donat's representation to Peter
Koeck that he was taking off his portion of the
profit that he proposed would be there for S & C
for the sale of these lots, but it never happened.
There was no profit.
Q. There was -- okay. And how do you know
that?
A. Peter Koeck told me.
Q. Okay. Do you have documentation to prove
that?
A. He didn't give me documentation, no.
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A. For 2007, this purports to be the

corporate income tax return. I -Q. Can you identify that document?
A. -- I can't identify it without looking at
the one that was produced.
Q. Is that the 2007 corporate tax return -A. Yes.
Q. -- for S & C Corporation?
A. Yes.
Q. Okay. Up at the top, over on the
right-hand side, what does that show for revenues
for the year?
A. $411,463.
Q. Okay.
exhibit number.
(Whereupon Deposition Exhibit No. 30
Q. (By Ms. Tranel) And this is an S & C
Corporation profit and loss statement. Up on the
top of that, what does that show for lot sales?
A. Which year? Just both of them?
Q. Yes.
A. 2008: 411,463.15. And that's for the
end of that fiscal year.
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Q. And what does it say that those revenues

are from?
A. Lot sales.
MS. TRANEL: Okay. I'll mark that as the
next deposition exhibit..
(Whereupon Deposition Exhibit No. 31
Q. (By Ms. Tranel) Is it your position in
this liti -- litigation that S & C Corporation
didn't receive revenues from lot sales?
A. No. I never testified to that.
Q. Okay. What did you testify to? Did S &
C Corporation receive revenues from lot sales?
A. Apparently, from that -- if that is from
Boyd Taylor, then it would show that there were
revenue.
Q. That's your income tax return, is it not?
A. Yes. If that's the correct one. I -- I
don't have any way to compare it to the one that
we received from him.
Q. All right. And the income tax return
shows revenues of a -- about 411,000. Is that
right?
A. Yes.
Q. Okay. So, S & C Corporation at least
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Q. Okay. Why would Bob Donat give S & C

Corporation approximately $250,000 in December of
2007 and March of 2008?
A. Well, you're assuming that -MR. MEYER: Objection: It assumes facts
not in evidence and it calls for speculation.
MS. TRANEL: You can answer the question.
A. I don't see any evidence that he gave
S & C any money in December. I see outgoing
wires.
Q. (By Ms. Tranel) From where?
A. It says "S & C wire account.." I -- I
don't know -- I don't -- I don't know that he gave
it. I don't know how the money got there if this
money really came out of there. I have nothing to
verify this with.
Q. Okay. This doc -- these two documents
that you're looking at are Deposition Exhibits
No. 24 and 25.
A. Yes.
Q. And those two wire advices show outgoing
money from an S & C Corporation account. Is that
right?
A. That's what it shows, but I don't know -Q. Okay.
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told the IRS that it received revenues?

A. Yes, if that was filed with the Internal
Revenue.
Q. Okay. In the amount of over $400,000?
A. Yes.
Q. Okay. Okay. So maybe you can explain to
me -- in this e-mail, you say you gave Peter
$100,000?
A.. Mm-hmm. Yes.
Q. Why didn't you give him the entire
amount?
A. He requested 100.
Q. What happened to the difference?
A. It was left in the account.
Q. And who had access to that account?
A. I have access to the account.
Q. Did you spend the money?
A. I don't know what you mean by: Did I
spend the money. If there were corporate
expenses, I paid the expenses.
Q. Okay.
A. Not to me personally, no.
Q. You didn't spend the money on personal
expenses?
A. Absolutely not.
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A. -- where it went in. I -- you're asking

me if he -- if I acknowledge that he put it in. I
don't know.
Q. Okay. And you've already looked at that
exhibit?
A. Yes.
Q. And that shows that Bob paid Surety Title
how much money?
A. 125,162.36 -- for what, I don't know.
Q. We can take a short break if you want
to -A. Okay.
Q. -- and I can get some documents.
4:23 p.m.
record:)
VIDEOGRAPHER: We're on the record at
4:31 p.m.
Q. (By Ms. Tranel) Okay. Don, you were
looking at Deposition Exhibit No. 22. And that's
a check from Bob Donat to who?
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A. To Surety Title.
Q. And what's the amount of that check?
A. 125,162.36. But I -Q. Okay.
A. -- I don't -- it doesn't have what it's
for.
Q. Okay. And here is, um, a document from
Surety Title.
A. Yes.
Q. That's a 2007 1099.
A. Yes.
Q. What's the amount on that?
A. 125.
Q. Okay. And is there a lot description
down in the lower right-hand corner?
A. Yes.
Q. And what does that lot des -- description
say?
A. "Lot 1 of S & C No. 3 minor subdivision
and Lots 1 and 2 of S & C No. 4."
Q. Okay.
MS. TRANEL: Let's mark that as the next
deposition exhibit.
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Q. -- isn't it?
A. No. I don't know where this came from.
Q. Okay. So you're contesting the -A. A -Q. -- valid -- validity of the form -A. Absolutely.
Q. -- of the document? Okay. All right.
But that document that you have in front of you
says that S & C Corporation received one twenty fr
-- 125 from Surety Title?
A. I haven't seen a deposit in that amount.
Q. Okay. Surety Title reported to the
IRS -A. If this is valid.
Q. -- that it -- okay. If that's valid,
Surety Title reported to the IRS that it gave
S & C Corporation $125,000?
A. I don't know where -- if it was deposited
in an S & C account or not.
Q. Okay.
A. I have the check here you just showed me
for 125 to Robert -- from Robert Donat to Surety
Title -Q. Okay.
A. -- not Three Forks developer.
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Q. (By Ms. Tranel) Can you explain why

you're -- you're saying that S & C didn't get this
money?
A. Yes..
Q. What's your explanation?
A. Bob Donat sent e-mails stating that he is
waiting for the money. These are dated No -- the
date on this is 12/22/07. In January and
February, he was advising us that he was waiting
on the money. If this is valid, then something
happened to this money.
Q. Okay. Let's just take it when -A. It never got to S & C because this is
December.
Q. What's the date on that one?
A. This is 12/20, and he referred to Three
Forks developer pay it -- to pay the money. This
is -- doesn't say anything about Three Forks
developer. I don't know -- this doesn't say
anything except that there's money received. If
these -- I don't even know these have even been
filed. I don't know what these are, except some
forms.
Q. Okay. That's a form from Surety Title -A. You say.
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Q. Okay.
A. So there -- I -- I don't -- I don't know
what this is about, really.
Q. Well, why is a Three Forks developer
important?
A. Because that was the agreement that was
made by S & C: To sell it to Three Forks
developer.
Q. Okay.
A. We have e-mails that was the agreement;
we have the resolution.
Q. Okay. Where's the resolution?
A. "December 7th, by a motion dually made
and seconded, it was unanimously voted to accept a
contract to sell the remaining four 80-acre tracts
with a Three Forks Montana real estate developer,
the contract being negotiated by Bob Donat and
which would be executed immediately with cash in
the amount of $250,000 to be paid within ten days.
Bob Donat represented that it was very difficult
to find buyers. It would be in the best interest
of the corporation to sell at a deep discount
from his earlier recommendations of 189,000 for
each 80-acre tract. And at that very same time,
Bob Donat was advertising for $189,000 sale price
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these exact same lots in the paper."

Q. Who, um, made that motion?
A. Peter Koeck.
Q. And who seconded it?
A. Peter Koeck.
Q. Where was that meeting held?
A. It was held by a telecommunications
conference. I was on the phone -- Don Bernard
with Peter Koeck.
Q. Who called the meeting?
A. Peter Koeck.
Q. How did he contact you?
A. By phone.
Q. And said what?
A. He said that Bob Donat had made this
proposal because he couldn't find any other buyer
and that S & C should accept this discounted
price. Even though Pete was in no hurry to sell,
he urged him to go on and sell to the Three Forks
developer, never mentioning that it was, in effect
and truthfully, Bob Donat, which is fraud on the
corporation as far as Pete is concerned because
it's a breech of fiduciary obligations on the part
of an officer of the corporation. It meant that
there was a loss to the corporation of several
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forwarded. Is that true?

A. (No response.)
Q. Who was the original e-mail from?
A. It says from Grey wolf, which is Peter
Koeck.
Q. Why does he use Grey Wolf?
A. He likes that name, I guess. Never asked
him. That's his e-mail name.
Q. Who is it to?
A. It's to me.
Q. Okay. And did you forward it to
somebody?
A. It's from Bob Donat to Peter.
Q. And then did Peter forward it to you?
A. That's -- yes, it looks like it.
Q. Okay. What's the date of the e-mail from
Bob to Peter?
A. It's December 22nd, 2007.
Q. And what does that e-mail say?
A. "Leftover from the past few sales as
Mario's" -- or merios -- "Merios wires are not
usually my no. I am sending you 125 on Monday and
the balance in late January. As there is some
financing taking place."
Q. Okay. What's the date of that e-mail
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hundred thousand dollars without disclosing this

to Pete, who was the chair -- the chairman of the
board and member of the board of directors.
Q. Did you ever advise Bob of your position?
A. Yes.
Q.. How?
A. We filed the affidavits.
Q. Okay.
A. That's public knowledge and legal notice,
as far as I know.
Q. That's all you did?
A. That's what I was directed to do as
secretary by Peter Koeck, who was the president.
Q. Okay. So, it was your position that Bob
had committed fraud?
A. Yes.
Q. And you never told him that?
A. I personally did not, except through the
filing.
Q. You never filed a lawsuit?
A. Did not.
Q. Okay. Can you identify what that
document is?
A. It appears to be a -- an e-mail.
Q. Okay. And it looks like it was
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again?
A. December 22nd, which is after the -Q. Okay. And when were these, um -A. It's just December 22nd.
Q. Right. And -A. You want this marked?
Q. Yeah, I do.
Q. (By Ms. Tranel) And Bob told Peter he
was sending him the money on Monday, didn't he -in that e-mail that you just read?
A. He -- I think that's what it said.
Q. And what is the date on those wire
advices?
A. The 27th of December.
Q. Okay. Do you recognize that document,
Don?
A. It's a -- it purports to be a -- an
e-mail from Pete to me.
Q. And what does that e-mail say?
A. The one -- the top one? You want me to
read the top one?
Q. Yeah.
A. "Hi Don,
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"Here's a reply from Luis. He also

thinks, obviously, that D is nuts. He also told
me yesterday he wants to buy back the Nissan truck
D sold to him 1.5 years ago because he has lots of
business to take care of in" -- "in AR. What a
joke. Never got a reply from our last e-mail in
re: 125 in the S & C ACC. Typical. Luciano is
drafting an agreement between L and me, and as
soon as I got it in the comp, I forward it to you
for review. Everything else is good here, after I
defeated a forest fire on 100 ha. The thermal
device helped a lot in order to find hot spots.
"Regards, Pete."
Q. Okay. Do you think Bob is crazy?
A. I'm not a psychiatrist or a psychologist,
so I can't form an opinion about that.
Q. You don't have an opinion about it?
A. No.
Q. Okay. Did you and Peter talk about Bob
being stupid?
A. You're assuming that I even talked to
him. I -- I -Q. You don't talk to Pete?
A. About that, no -Q. Okay.
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travel -- besides Argentina and Mon -- and

Montana, I tra -- travel to other areas.
Q. Did you have your laptop with you?
A. I don't carry my laptop with me.
Q. Okay.. Do you know where those minutes
were created?
A. No.
Q. Okay. Did you create them and print
them?
A. I created them and printed them as a
secretary. I would have printed them. I could
have been in a hotel; I could have been in someone
else's office -- anywhere.
Q. You don't know where you were?
A. No, because I travel out of the country.
Q. Okay. Did you sign them after you
printed them?
A. Yes.
Q. How did Pete sign it?
A. I sent them from where I was. I sent
them to him by -- I use FedEx or UPS.
Q. Did he send them back to you?
A. They're here, so I guess he did -- or
either he gave them to me, or I may have gone
directly there. I don't know.
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A. -- typically not.
Q. Okay. You don't talk to Pete about Bob?
A. It -- it's useless. There's nothing to
talk about.
Q. Okay.
COURT REPORTER: Did you want that
marked?
MS. TRANEL: Yeah, I'm sorry. Was that
marked? I have to get these organized.
Q. (By Ms. Tranel) On that -- that
corporate resolution that you read from December
7th, 2007, you testified that that -- you were -participated by telephone?
A. Yes.
Q. Okay. And Peter -- okay. Where were the
minutes for that resolution created?
A. I don't remember if I was out of town. I
travel a good bit and I could have -- I -- I don't
know where I was when that took place.
Q. You were -- were you in Argentina?
A. I was not in Argentina.
Q. Were you in Montana?
A. I don't know where I was at that time. I
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Q. Why didn't you file this with your first

filing of Jefferson County?
A. What first filing?
Q. You filed an affidavit in February of
2008.
A. Why didn't I file this?
Q. Yes.
A. I don't know. I -- I prepared an
affidavit and filed it.
Q. Did this document exist in February of
2008?
A. I'm sure it did. I think the affidavit
essentially says the same thing. The reason that
it terminated the authority was our concern about
this problem.
Q. Why didn't you include this with the
affidavit?
A. There's no reason to.
Q. Okay. You included the December 13th
minutes?
A. I don't know why they aren't attached.
There's no reason to.
Q. It's your testimony that they existed?
A. Yes.
Q. Okay. You don't know what computer they
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were made on?

A. No.
Q. They were typed by you?
A. Yes.
Q. On a computer?
A. Yes, I would have used a computer.
Q. Somewhere?
A. That's right.
Q. Okay. Do you have travel receipts?
A. Travel receipts?
Q. Do you know where you were on December
7th of 2007?
A. I could probably determine that.
Q. Okay. Can you find that out and tell me?
A. I'll tell my attorney and -Q. I'm asking you to tell me.
A. No, I can't do that -- I'm not going to
contact you directly. I can't -Q. You're refusing to provide information?
A. I don't have it.
Q. Okay.
A. Okay?
Q. You'll get it?
A. No. You talk to my attorney about that.
Q. Will you get it? Yes or no? Will you
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read what -Q. (By Ms. Tranel) No, I don't. I want you
to tell me specifically what it was that was
terminated in 2007 -MR. MEYER: Objection -Q. (By Ms. Tranel) -- with respect to Bob
Donat's authority in S & C Corporation?
MR. MEYER: Objection: Calls for a
conclusion.
question.
A. Well, I can't give you an opinion about
it; I can only read what is here.
Q. Okay. It -A. "Voted to terminate any authority by
Robert Donat to transfer in any manner any real or
personal property out of the name of S & C
Corporation."
Q. Okay. I'm going to hand you an e-mail
from yourself to an ATF agent. If you could look
at the bottom of that e-mail and read that for me?
A. "Could you please advise me if there's
any action required by me or Peter Koeck in order
that the guns/ammunition re -- recovered from R.
Donat be returned to us at the appropriate time.
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get the information?

A. I will look for it and see if I have it.
Q. Thank you.
MS. TRANEL: I'll have that marked as the
Q. (By Ms. Tranel) I un -- I understand
that you -- your testimony to be that Bob's
authority to negotiate contracts was terminated in
December of '07?
A. His power to transfer property is what my
testimony was -- was terminated.
Q. Okay.
A. To terminate any authority to transfer,
not negotiate. N -- I didn't say negotiate. I
read this from the minutes.
Q. Tell me what was terminated in December
of '07?
answered.
question.
A. It's the same thing I read before in the
minutes of December 13th, 2007. You want me to
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Also, do you have any idea when the return of

these items is expected?
"Thanks, Don Bernard."
Q. Okay. When you're talking about the
real and personal -- you can give that back to
me -A. The what?
Q. When you're talking about the real and
personal property of Peter Koeck that Pete -- that
Bob Donat had authority over, what property are
you talking about?
A.. The property owned by the corporation
were the remaining lots in the subdivision.
Q. That had not been sold yet?
A. That we understood had not been sold..
Q. Do you know which lots you're talking
about?
A. All the remaining unsold lots.
Q. Can you identify those lots?
A. The descriptions are in the affidavit -tho -- those lots.
Q. Do you know where they are?
A. I know they're in the subdivision.
Q. Okay. Do you know specifically in the
subdivision where they are?
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A. You mean if I could walk to them and

point to them?
Q. Mm-hmm.
A. No.
Q. Okay. Do you know who Marcie Campbell
is?
A. Yes.
Q. Who is she?
A. Well, Marcie is, um -- I don't know what
her official position is. She works at Mini
Storage -- American Mini Storage -Q. Where -A. -- I believe.
Q. -- where is that?
A. In Missoula.
Q. Have you ever talked to her?
A. Yes.
Q. When?
A. When we executed the contract on the
storage unit there.
Q. Who executed?
A. I did.
Q. Okay. What contract?
A. What what?
Q. What contract?
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A.
Q.
A.
Q.
A.
Q.
I have it in -- I guess, in my file.

You have a copy of it?
Yes.
Okay. Did you call Marcie?
Yes.
Okay. And what did you say to her?
MR. MEYER: Objection: Vague, as to
time.
MS. TRANEL: You can answer the question.
A. I don't have any independent recollection
of what I said to her. The first time -- I don't
even remember the date or the time.
Q. Okay.
A. If you have that information -Q. You said it was in April of 2008?
A. I said A -Q. Approximately.
A. Approximately. Sometime in that.
Q. Okay. And how did you transfer the
storage facility to your name?
A. She talked to -- at some point -- to
Yvonne Donat.
Q. Who talked to Yvonne?
A. Marcie.
Q. How do you know that?
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A. The rental -- or the lease of that unit

there.
Q. When did you -- when did you con -execute that?
A. That would have been about April or May
of 2007 -- I think it was. I don't have it in
front of me, so -Q. What did you -A. -- whenever it was. It was -- let me
think. No, about 2008 -- it must have been in
2008, but I -- if you have it, I can look at it.
The date would be right on there.
Q. Why did you lease a contract -A. Why did I -Q. -- why did you lease a storage -A. Because Pete's guns collection was there,
and I was the custodian at that point.
Q. Why were you the custodian?
A. He requested it.
Q. And who was a cus -- who was a custodian
for you?
A. The unit was in the name of Yvonne Donat.
Q. How do you know that?
A. I -- I have the contract.
Q. Where is it?
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A. She told me she did.

Q. Okay.
A. And it was released to me -- that unit.
And so they sent me the contract.
Q. How was it released to you?
A. The person that signed on the lease was
Yvonne. And then either she or Bob Donat put in
the mail a copy of the contract and the keys and
mailed them to me in the U.S. mail.
Q. Okay. Did you go to Missoula?
A. I have been to Missoula, yes.
Q. Did you go there to meet Marcie?
A. I have met her, yes.
Q. Did you go there in April to meet Marcie?
A. No.
Q. Okay. When did you go there to meet
Marcie?
A. I don't recall.
Q. Do you know -A. Sometime after that.
Q. No idea when? Summer?
A. I don't recall when I went there.
Q. Okay. Why did you go there?
A. I went there to see if everything was in
the storage that was supposed to be there and made
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a inspection trip over. It was to look inside.

Q. Did someone ask you to make that trip?
A. Peter asked me to do it because I was a
custodian. He said, "Go check and see if
everything is in there, including the ammunition."
Q. Okay. And you went?
A. Yes.
Q. And what did you find?
A. It appeared to me that most everything
was in there from the inventory.
Q. All right. Did you make any other trips
after that to Missoula?
A. I believe I made another trip, also, um,
shortly after that. I -- I don't remember the
date.
Q. They were pretty close together, the two
trips?
A. I believe so.
Q. Okay. And what was the purpose of your
second trip?
A. I was -- I was going to do a count at
that time of the number of boxes. I looked inside
to see how many boxes were in there.
Q. What did you find?
A. I found there were boxes in there.
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She said he was over there Friday.

Q. She called you Monday morning?
A. I returned -- she called me Friday. I
called her back; she was gone. I didn't know what
the call was about.
Q. What phone number did she call you on?
A. My home number.
Q. Which is what?
A. 494-6883.
Q. Okay. Do you have an answering machine?
A. Yes.
Q. She left a message?
A. Yes.
Q. Okay. Have you erased it?
A. The message she left?
Q. Yes.
A. Of course.
Q. All right. You called her back Monday
morning?
A.. No. I tried to call her at her home on
Saturday.
Q. She left you her home phone number?
A. No. I looked in the book because she
sounded excited. And I didn't know what was going
on, so I was really concerned.
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Q. Okay. And is this the second trip?

A. Yes.
Q. Okay. Did you make any other trips after
that?
A. Yes, when I received a call from Marcie
that there was a problem over there.
Q. What was the problem?
A. She said someone named Bob Donat was very
excited and emotional. I wasn't there.. And it
sounded really -- very bad to me, that something
was going on. I asked her what it was, and she
said she thinks that he was getting in there, and
who is he, or -- and I said, "Well, he has no
right to go in there. How can he get in there?
He doesn't have the key code." And she said,
"Well, you know, he could always stand there and
wait for someone else to open the door to get in.
And he says he has a key." I said, "Well, that's
impossible. He sent me two keys, and I asked you
how many keys there were way back," and she said
two at the time. She said, "Well, no, I think
there were three." So, anyway, that's what
happened. I went over there then.
Q. That day?
A. I didn't find out until Monday morning.
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Q. You called her at home?

A. But no one answered -Q. Did you leave a -A. -- or they had an answering machine,
maybe. I think I left a message there. Then she
called me on Monday.
Q. And said what?
A. She told me that there's a real
problem -- that's when she told me there's a
problem there.
Q. Okay. Did you go over that day?
A. Yes.
Q. And what did you find?
A. It was empty.
Q. So prior to this trip, you took three
trips over there?
A. No. Two, I think..
Q. This was your third?
A. I believe that's correct.
Q. All right. What did you do when you
found out it was empty?
A. I went in and asked her what was going
on, was there any security that -- why didn't they
have security to keep people from breaking in.
And she said they didn't have physical people
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standing there; the office is around the corner,

and they couldn't control who went in and out.
Q. Did Marcie tell you she was there when
Bob came over?
A. Yes.
Q. Okay. So you had a conversation with
Marcie once you got there?
A. Yes.
Q. What time of day was that?
A. Probably around noon.
Q. All right. And then what did you do
after that?
A. I went to the police station.
Q. In Missoula?
A. Yes.
Q. And what did you do there?
A. I filed a report.
Q. Okay. Did you keep a copy of it?
A. No. I gave a verbal report to the
police.
Q. Do you know who you talked to?
A. I don't recall his name. It's a police
officer there -Q. All right.
A. -- at the complaint desk.
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A. I made no contact with anyone else about

it, other than the Missoula Police Department.
Q. Did you ever contact the FBI?
A. No.
Q. Did you ever contact Secret Service?
A. You mean call these people -Q. Yes.
A. -- no, I did not call them.
Q. Do you know who Tad Downs is?
A. Yes.
A. Because he contacted me.
Q. When did he contact you?
A. It was one -- I think it was either
that -- within a couple days of the -- of the time
that I reported this to -Q. Did you meet with him?
A. I met with him.
Q. And what did you say?
A. There's a lot going on, and frankly, I
don't have much of a recollection at that time. I
was under heavy medication at the time.
Q. What medication?
A. It was a pain medicine. I'd had surgery
on Friday. I couldn't even drive over there. My
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Q. All right. And then what did you do?

A. I left.
Q. You went home?
A. Yes.
Q. Okay. I'm going to hand you a letter
that's dated November 3rd, 2008, from your
attorney to me. I'd like to direct your attention
to that highlighted section there. And the first
one says: "My clients will drop the charges."
What charges are being referred to?
A. The complaint that I filed over there
against the -- all of the guns being taken and the
ammunition.
Q. Okay. What does the second highlighted
part say?
A. Says: "We'll pursue all legal remedies
available to them while cooperating fully with the
police investigation of this felony theft."
Q. Okay. What did you do after you reported
it to the Missoula police?
A. I waited for them to find out what
happened and try and recover the guns.
Q. Did you report it to anybody else?
A. No.
Q. Did you ever contact the FBI?
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wife had to drive me. I couldn't even drive.

Q. What'd you have surgery for?
A. Implants -- teeth, two teeth.
Q. What kind of pain medication were you on?
A. I couldn't tell you the name of it.
Q. Okay.
A. So my recollection is very foggy about
all that.
Q. Did you tell Tad you were under the
influence of narcotics when you talked to him?
A. I don't recall if I did or not.
Q. Okay. Did you meet with him at any other
point after that?
A. No.
Q. That was the only time you met with him?
A. I think that -- that was the only time,
one time.
Q. Did you ever talk to him on the phone?
A. Yes.
Q. When?
A. Oh, within 24 or 48 hours of that event
-- brief conversation.
Q. You called him?
A. No.
Q. He called you?
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A. He called me.
Q. At home?
A. Yes.
Q. And you were still under narcotics?
A. Yes.
Q. Did you ever talk to him at any other
time?
A. No.
Q. Okay. So all the conversations you had
with Tad Downs, you were under narcotics?
A. That's right.
Q. Do you recall those conversations -- at
all?
A. Not very well. I was really out of it
that week.
Q. Do you know Mark Sailer?
A. Yes.
A. He came with, um, Tad.
Q. Did he identify himself?
A. Yes.
Q. And who was he with?
A. He was with Tad and Brian.
Q. Who's Brian?
A. Brian -- I don't remember his last name.
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A. I don't know.
Q. Weeks? Months? Days?
A. I don't know.
Q. Did you -- did you have more than one
conversation with Mark?
A. I had more than one.
Q. How many?
A. I don't recall. I -- I met with him one
time and after that, had talked to him on the
phone once, that I can recall.
Q. You don't recall any other phone
conversations with him?
A. I had one with him -- yes, I recall
another, um, recently, to find out about the
transfer of the guns. I didn't know when they
were going to be transferred back.
Q. Other than that, have you talked to him?
A. I met him accidentally in the parking
lot.
Q. Where?
A. In Butte.
Q. Did you talk?
A. Yeah.
Q. About what?
A. We talked about -- just general things.
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He's from the Montana criminal investigation

department.
Q. Is that how I -- he identified himself?
A. Yes.
Q. How did Tad Downs identify himself?
A. Secret Service.
Q. And Mark Sailer?
A. FBI.
Q. And you talked to them all at the same
time?
A. Yes.
Q. Okay. Did you ever talk to Mark Sailer
other than that time?
A. Did I talk to him at that time? Yes,
I -Q. Did you ever talk to him other than that
time?
A. Yes.
Q. Where?
A. I don't recall, but he either -- he
called me or I returned a call to him. He
called -Q. Before that personal meeting or after it?
A. No, after.
Q. Okay. And when was that?
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Q. Did you talk about Bob?

A. I don't believe we talked about Bob at
all at that time.
Q. Okay. What did you ask him about the
guns for?
A. We expected them back by now, and we -- I
just wanted to know when they were going to be
released.
Q. What did he tell you?
A. He said, "Soon."
Q. Did they give you a date?
A. No.
Q. Did you ever talk to Brian again?
A. No.
Q. Did he call you?
A. After that? Oh, yes, I did speak to him
briefly -- but recently.
Q. When?
A. It's been -- a couple of days ago, just a
brief conversation about who was in charge of the
investigation. I wanted -- I told him that I
thought that I needed to know because of this
deposition whether I could testify anything about
what he was doing and what I -- any conversation I
had with him.
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Q. You called him?

A. Yeah. Just to clear it because of the
confidential criminal information act. I didn't
know.
Q. Did you file papers with these agencies?
A. No.
Q. Did you take any -- give any written
statements?
A. No.
Q. Did you give any oral statements?
A. To the agencies?
Q. Mm-hmm. These people you talked to -A. I talked to the people -- I told you they
came to my house.
Q. Did you sign anything?
A. No.
Q. Have you talked to Pete about the guns?
A. When?
Q. Have you ever talked to Pete about the
guns?
A. Yes.
Q. When?
A. I reported to him that the guns were
stolen, as far as I could tell, and I didn't know
how it happened.
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Q. Do you know what dorm he lives in?

A. Yes, I know which one.
Q. Okay. Which one is it?
A. Quad C.
Q. Okay. How many times did he go to
Missoula with you?
A. How many times do I go to Missoula?
Q. How many times did he go to Missoula with
you -- for the trips that you made -A. Oh -Q. -- to check on the storage facility?
A. -- he didn't go to Missoula with me to
check.
Q. Okay.
A. He did the inventory before.
Q. When did he do the inventory?
A. I don't recall the date, but I think it
was somewhere around 2005, 2006.
Q. How would he have had access to that
storage facility -A. Because -Q. -- in 2006?
A. -- they were in a container that Donat
had. He was keeping the guns -Q. Did --
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Q. Did you tell the Missoula police they

were stolen?
A. Yes. I told them they were stolen from
my storage unit. I gave them a copy of the
agreement that I had with the storage unit, and I
said, "The guns are gone; the ammunition's gone."
Q. Did you ever make an inventory of the
guns that were held in that storage facility?
A. I had the inventory.
Q. Who made that inventory?
A. My son.
Q. Your son?
A. That's correct.
Q. Is that what you said?
A. Yeah.
Q. Okay. Which son?
A. My youngest son.
Q. What's his name?
A. Kobe.
Q. Where does he live?
A. He goes to the university here.
Q. Does he live on campus?
A. Yes.
Q. Okay. What dorm?
A. What difference does it make?
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A. -- at that time for Pete.

Q. Where did he do the inventory?
A. At his place -Q. Whose -A. -- at Donat's place.
Q. -- place? He went to Bob's place?
A. Yes.
Q. Was Bob there?
A. Yes.
Q. Okay. So he did it with Bob?
A. Yes.
Q. They went through it together?
A. I don't know if they went through it
together. I know they made the inventory.
Q. Okay. What year was that?
A. I don't have it with me, but I believe it
was somewhere around 2005.
Q. Summer?
A. I don't know.
Q. How old would your son have been in 2005?
A. He would have been, at that time, 15.
Q. Okay. Was he driving?
A. Yes..
Q. Did he drive up there by himself?
A. Yes.
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Q. And did an inventory with Bob?

A. Yes.
Q. Okay. Was there anybody else there that
you know of?
A. I wasn't there. I don't know who all was
there.
Q. But you know your son was there?
A. Yeah.
Q. All right. And you had that inventory
when you went to Missoula to check on the con -the storage facility?
A. Yes.
Q. Okay. Was that the inventory you were
using?
A.. Yes.
Q. Okay. And the first two times you
went -A. Yes.
Q. -- everything was in order?
A. It seemed to be.
Q. Did you -A.. I didn't open every box, no.
Q. Did you take the inventory with you?
A. Yes.
Q. Okay. Did you ever make any statements
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Q. He came to your house?

A. I believe that's when he picked up the
guns that he had left with me to take to Pete.
Q. Which guns were those?
A. I don't recall where they were. They
were in two containers.
Q. Big containers or little containers?
A. Gun containers.
Q. How big were they?
A. The kind you buy at a sportsman store..
Plastic -- hard, black plastic.
Q. Were they big?
A. Well, they're big enough for rifles.
Q. How heavy are they?
A. Well, the package itself is not heavy;
it's the gun that's heavy.
Q. Okay.
A. They hold two.
Q. And you had two of them at your house?
A. He had left them there.
Q. Who?
A. Bob Donat.
Q. Were they Bob's guns?
A. No, they were Pete's guns.
Q. Why did Bob leave them at your house?
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to any other government agencies about Bob Donat?

A. Not that I can recall.
Q. Did you ever talk to the Department of
Homeland Security?
A. I didn't know anyone at Homeland
Security -Q. Did you ever -A. -- at all.
Q. -- make any online statements?
A. No.
Q. E-mail?
A. I didn't contact any other agencies at
all. They contacted me and that was the end of
it.
Q. Any other agencies besides those three
that you mentioned?
A. Right. Those were -Q. Those -A. -- they contacted me; I didn't contact
them and I didn't contact any other agencies.
Q. Okay. Did you meet with Bob in the
summer of 2007?
A. Yes.
Q. Where?
A. I think he came to my house.
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A. He wanted me to take them down there.

Q. Down where?
A. To Argentina.
Q. Okay. Why didn't you?
A. I didn't want to take them down -there's no way for me to take them through and
leave them there, from my understanding, of -- I
checked and they said I'd have to bring them back
out -- the customs people. So I said, "Come get
them; I don't want them."
Q. You -- you told that to Pete?
A. I told Pete that.
Q. To come and get them?
A. No. I told Bob Donat to come and get
them. I told Pete that I wasn't going to bring
them down.
Q. Okay. When did you tell Bob to come and
get them?
A. I don't remember. Sometime during that
year.
Q. Okay. When did Pete leave them at your
house?
A. Pete didn't leave them at my -Q. I'm sorry, when did Bob leave them at
your house?
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A. I don't recall. It was sometime earlier

than that summer.
Q. Earlier than the summer of what?
A. 2007.
Q. Okay. How long had they been at your
house: A year? A month? A day?
A. Several months.
Q. Several months? Okay. So he left them
there in the winter?
A. Oh, I don't know what season it was.
Q. I don't understand why Bob left them at
your house.
A. I don't either.
Q. Did he call you and ask you if he could
leave them there?
A. Bob did whatever he wanted to do. He'd
come -- sometimes he'd announce he was coming and
not show up; sometimes he'd show up without
calling. So -Q. He didn't a -- so did -- did he ask -A. He said, "Here, take them, and take them
to Pete."
Q. Okay.
A. Okay?
Q. Did he ask you in person or on the phone
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A. Now, are you talking about in Whitehall

or at my house?
Q. At -- anywhere in Jefferson County -anywhere in Montana?
A. No. I met with him on several occasions.
Q. Anywhere in the world. In 2007, you met
with him in -- on several occasions?
A. I don't know the dates. Between 2004 and
2007, I met with him on several occasions.
Q. I'm talking about the summer of 2007 -A. Oh, I can't tell you more than -Q. -- about 18 months ago.
A. Yeah, 18 months ago, I gave him the guns
back.
Q. Okay. And did you have any other
meetings with him that summer that you remember?
A. No.
Q. Okay. What was your conversation with
him when he came to get his guns?
A. I have no idea what my conversation was.
Q. You don't remember what you talked about?
A. No.
Q. Okay. Had Bob -A. Except to get -- tell him that I can't
take the guns. "I'd like for you to take them and
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or -A. I don't recall on that occasion whether

he asked me in person or just brought them.
Q. Okay. So -A. I didn't keep track of it.
Q. -- he showed up at your house with some
guns?
A. And said, "Next time you go to Argentina,
take these with you."
Q. And did -- what did you say?
A. I said, "Okay. I'll check on it." I did
check on it later -Q. Mm-hmm.
A. -- and I -- I didn't think it was a good
idea because you have to bring them back out. I
couldn't take them down there and leave them.
Q. So Bob came back to get the guns?
A. Yes.
Q. And when was that?
A. I told you, I don't know. It was
sometime in the summer.
Q. The summer of what year?
A. 2007.
Q. Okay. And that was the only time you met
with him in Whitehall that summer?
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put them back in storage," wherever that was.

Q. Have you told anybody else that you
talked to Bob Donat in the summer of 2007?
A. No.
Q. Did you tell Tad Downs that you met with
Bob Donat in the summer of 2007?
A. I don't recall whether I told him or not.
Q. Did you tell Mark Sailer that you met
with him in the -A. I don't know.
Q. -- summer of 2007? Did you tell Brian?
A. I don't know.
Q. You don't remember?
A. I don't remember.
Q. Was anybody recording that conversation?
A. I don't recall any recording.
Q. Did anybody ask if they could record it?
A. I don't recall that.
Q. Okay. If they'd asked you, would you
have said yes?
A. That's speculation. I don't know what I
would have said at that time. I was not feeling
very well.
Q. Do you know if Pete keeps very good
records of his spending?
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A. I don't know what he keeps down there.

Q. Is Pete rich?
A. What?
Q. Is Pete rich?
A. What is "rich"?
Q. Does he have a lot of money?
A. That's really speculative. I -Q. Do you know?
A. I don't know what all he has.
Q. Do you know if he has more than a million
dollars?
A. I don't know exactly what he has, but I
-- I expect it's more than a million dollars.
Q. Okay. Did Peter use S & C funds to buy
personal items?
A. I don't recall him buying personal items.
Like what?
Q. Did Peter ever get a paycheck from S & C?
A. Oh. Now, he receives a paycheck, yes.
Now, what he uses that for, I don't know.
Q. When did he start getting a paycheck from
S & C?
A. I don't remember the start date, but it
would be in the minutes.
Q. What was the purpose of him getting a
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A. Well, he wanted -Q. -- to the Argentine government?

A. -- he wanted to show that he had income.
He could take it out when he wanted anyway.
Whatever that he had put in, if there was any
surplus, then he could pay himself.
Q. Where did the corporation get money from,
if you know?
A. The money was transferred in, as we
discussed before -- the $1.1 million.
Q. That was Pete's?
A. Yes.
Q. Okay. Where else did it get money from?
A. Well, there were -- there must have
been -- in -- into that account, you mean? Or the
-- there were sales, you just showed me, and I
assume that's correct, that there -- there were
lot sales and that's where money came from.
That's what the business was.
Q. Was there any other source of revenue for
S & C Corporation?
Q. Did you go on any hunting trips with
Peter?
A. No. Donat did; I didn't.
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paycheck from S & C?

A. To demonstrate that he has some source of
income.
Q. Who was he trying to demonstrate that to?
A. To the government.
Q. What government?
A. Argentina.
Q. Why?
A. He was, um, applying for residency, and
they wanted to see that it wouldn't become a
burden on the country somehow, and so -- that's
what he gets.
Q. So you dummied up some minutes?
A. Dummied up?
Q. Created -A. Well -Q. -- you created an income for him?
A. Well, he's the president. He's entitled
to be paid.
Q. He had an income before that?
A. From S & C?
Q. Yeah.
A. No.
Q. So you just created this for purposes of
providing something --
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Q. Why not?
A.. I was busy.
Q. Did Peter go to Argentina on hunting
trips?
A. I believe he did.
Q. Before he moved there?
A. Yes, I believe so.
Q. Who paid for those hunting trips?
A. For Peter?
Q. Mm-hmm.
A. He paid for them.
Q. Out of his personal funds or out of the
corporation?
A. I don't recall anything being paid by the
corporation. He wasn't here.
Q. So Peter didn't use the company funds for
any of his personal expenses, as far as you know?
A. No, I'm not saying that. I don't recall
because I didn't really control that Glacier
account; Bob Donat did.
Q. Um, were there any corporate S & C credit
cards, do you know?
A. I'm not aware of any.
Q. Did you ever use one?
A. No.
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Q. Did you ever see Pete use one?

A. No.
Q. Did you ever see Bob use one?
A. No.
Q. Okay. Have you told the people in the
Whitehall community that Bob is a liar and a
thief?
A. No.
Q. Have you ever talked to other people in
the Whitehall community about Bob?
A. People have talked to me about Bob. I
haven't talked to them about Bob, as far as I
know, other than -- yes, we've -- I've discussed
Bob.
Q. What do you say -A. I mean, everybody talks about everybody
in Whitehall.
Q. What do you say about Bob when you talk
about him?
A. When I talk about him -- if I ever talk
about him -- I haven't talked to him -- about him
for a very long time. I -- I don't -- I -- I
don't know. I -- I haven't -- I can't even
recall because I don't talk to people.
Q. Have you told people that he stole from
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trips?
A. It depends on whether I'm doing anything
for Glacial. Otherwise, I use mine.
Q. Okay. How do you pay for your airline
tickets?
A. To where?
Q. Well, when you fly to Buenos Aires.
A. When I -- whenever I go -- it depends on
what business I'm going on, and I use a card for
that, whichever card it is.
Q. Which card do you use?
A. Depends on the trip. What -- what trip
are you talking about?
Q. When you go to Buenos Aires, which card
do you take?
A. I don't recall. It's irrelevant because
it doesn't make any difference.
Q. Are you reimbursed from S & C Corporation
for your trips?
A. I believe I was on one or two occasions,
yes.
Q. Okay. And do you give them -- do you
give receipts, invoices?
A. Um, I don't know if that -- I have put
the invoices in a file for S & C. No, I don't
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the corporation?
A. No.
Q. You said that you tried -- stayed at the
Hilton Hotel. Is that in Buenos Aires?
A. On that occasion, I did.
Q. Okay. What other hotels have you stayed
at in Buenos Aires?
A. Sheraton and then some other . . .
Q. Have you stayed at the Claridge Hotel?
A. Yes.
Q. And how do you pay for those hotels?
A. I don't recall now how I paid for it.
Q. Do you pay with a credit card or with
cash?
A. Not cash. I don't -Q. You pay with a credit card?
A. I would have paid by credit card.
Q. Your own?
A. I don't recall which one I used.
Q. Do you have one for the corporation?
A. No.
Q. Okay. Do you have one for Glacial
Energy?
A. Yes.
Q. Do you use that one to pay for your
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know that.
Q. Okay -A. I -Q. -- how do you reimburse?
A. Whatever it costs, then I reimburse.
If -- I think on one occasion, I did that.
Otherwise, I would have paid for it.
Q. How do you do that? Do you write
yourself a check?
A. Yes.
Q. And you sign it?
A. I believe that's what I did on that one
occasion.
Q. Does Pete authorize it?
A. Pardon?
Q. Does Pete authorize it?
A. Yes.
Q. How much money did you reimburse
yourself?
A. I can't be sure, but I believe about
$2500.
Q. Okay.
A. On -- yes.
Q. Has Peter ever had a credit card?
A. Mmm, I don't -- I don't know. I -- I
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have no idea.
Q.. Has Pete purchased surveillance
equipment?
A. Surveillance equipment like what?
Q. Do you know?
A. What is suvre -- surveillance equipment?
Q. Thermal imaging cameras?
A. Yes, he has one.
Q. How'd he buy it?
A. I have no idea.
Q. Okay. Have you ever been on a Golden
Stag Safari?
A. Have I been on -Q. Have you ever been at a safar -- safari
convention?
A. No.
Q. A Safari Club convention?
A. No.
Q. Okay.. Does Pete go on them?
A. No, not that I have heard.
Q. Okay. Have you ever told anybody that
you're sending Bob Donat to federal prison?
A. No.
Q. You said that you were under heavy
narcotics went you talked to Mark Sailer and Tad
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A. Because Donat filed a complaint with the

Montana State Bar and used him as a reference, so
I called him and said -- asked him why.
Q. Mm-hmm. What did he say to you?
A. He said he never talked to Bob Donat
about me.
Q. Okay. Did you tell Bob Blake you were an
attorney?
A. No. Quite the contrary. He knows what
business I'm in.
Q. What business are you in?
A. Power business. He knows that.
Q. He knows you're in the power business?
A. He knows I'm in the power business.
Q. Do you own an airplane today?
A. Not in my name. We have three.
Q. What are they?
A. Um, the corporation owns them, and
they're a Cessna 401, an Airban, and a Cirus.
Q. What are they? Cessna 401? What's the
second one?
A. Skyban.
A. S-k-y-b-a-n..
Q. Okay. What's the third one?
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Downs. Is that right?

A. Yes.
Q. Okay. Have you ever been diagnosed with
any kind of mental condition?
A. I was talking about surgery. And never
diagnosed with any kind of mental condition that
was abnormal in any way, shape, or form.
Q. Okay. Have you ever been terminated from
any of your positions -A. No.
Q. -- with corporations? Ever been fired?
A. No.
Q. Ever been reprimanded?
A. No.
Q. Questioned?
A. No.
Q. Okay. Did you ever talk to Bob Blake?
A. Who?
Q. Bob Blake. Do you know who Bob Blake is?
A. He -- I think he's a detective.
Q. Okay. Did you ever meet with him?
A. I've talked to him, yes.
Q. Did he contact you?
A. I called him.
Q. Why did you call him?
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A. Cirus.
Q. Spell that for me.
A. C-i-r-u-s.
Q. Okay. Who owns those planes?
A. The -- the names -- two of them are in
Gemico.
Q. Which ones are in Gemico's name?
A. The 401 and the Skyban.
Q. And whose -- owns the other one?
A. The other one is under an LLC, which is
Franklin Marketing Group.
Q. Okay. Who's Franklin Marketing Group?
A. It's an LLC that is a Montana
corporation.
Q. What does it do?
A. It is an arm of Glacial. We, um -- it
provides a means for me to get around and go where
I need to go, if that's what you mean.
Q. Who flies it?
A. I do.
Q. Is there ever -- how often do you have to
get your pilot's license renewed?
A. There's no renewal. You have to go
through recurrency and biannual flight checks.
Q. How does that work? At the state level?
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A. No, federal level.

Q. Okay. Where do you go to get that done?
A. Wherever there's a flight instructor
who's qualified to give that to you.
Q. When was the last time you did that?
A. I do it every year.
Q. When?
A. Whenever -- it has to be within 12 months
of one another -- every 12 months.
Q. So you do it when you can?
A. Yeah. Whenever you -- so you don't ex -let it expire.
Q. What's the scope of that test?
A. It's oral and flight both.
Q. Okay. Vision? Do they care if you can
see?
A. That's not what you're asking me. That's
a totally different thing. You're talking about
flight proficiency. They don't -- they're not
doctors. You have medicals. That's separate.
Q. Okay. How does that work?
A. You go to a doctor that's qualified to
give you those exams.
Q. And they say you can fly or not fly? Is
that how it works?
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Q. Well, I'm just -A. -- question?

Q. -- asking how the ongoing flight -A. Oh, okay -Q. -- licensing -A. All right. That's one thing. The
license -- you don't go get another license.
Q. Okay.
A. On the other side, you have to go to a
flight -- certified flight instructor -Q. Okay.
A. -- and he or she gives you an oral
examination -Q. Okay.
A. -- and a flight test.
Q. Okay. So you fly with them?
A. Yes.
Q. Okay. And they say -A. Okay.
Q. -- you can fly for another year. Is that
what they do?
A. Yes.
Q. Okay.
A. And then this -- the third thing is,
you -- if you fly and file instrument flight
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A. The bottom line is, yeah -Q. Okay.

A. -- that would be correct.
Q. I don't understand the process for having
a pilot's license, so -A. Well, you -Q. -- maybe you can describe it to me.
A. First, you have to get a medical, and
then -- you have to go to a flight surgeon.
Q. Okay.
A. That's someone that's designated with the
proper training by the FAA.
Q. Mm-hmm.
A. And he or she gives you an exam -Q. Okay.
A. -- that's very comprehensive.
Q. That's when you get your license
initially?
A. No.
Q. That's every year?
A. Every year is what I -Q. Okay.
A. -- I do that, okay?
Q. Okay.
A. Now, what is your other --
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plans, you have to be certified that you can do

that. So that's a different flight check -Q. Okay.
A. -- and oral exam.
Q. Okay.
A. So you're examined -- you have three
exams a year.
Q. Okay. And you -- when was the last time
you took those?
A. January and -- one in October, one in
September, and there's -- the other one, I think,
was March, a year ago. So there have been four,
actually, in the past 12 months.
Q. How often do you fly?
A. Sometimes every week; sometimes every
other week. Sometimes there's a -- if I'm out of
town, it's three weeks.
Q.. When was the last time you were up?
A. Last -- I think it was last -- Saturday,
a week ago.
Q. Where do you keep your plane?
A. At Butte.
Q. Okay. So you take off and land from -A. Yes.
Q. -- the airport there? Have you ever
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flown into Whitehall?

A. No. If I go to -- that would be the
place I'd al -- always land. No, not Whitehall.
Q. And Butte?
A. If I've -- I -- sometimes I -- no, I
would never land in Whitehall, no. It's Butte.
Q. Okay. Where was the last place you flew
to?
A. Um, I went down to Three Bridges and then
came back up to Butte.
Q. Did you take passengers with you?
A. No.
Q. Do you usually take passengers with you?
A. It just depends on what I'm doing.
Q. Okay.
A. I can only -- I can only tell you that
this is typical of most pilots in Montana.
Q. We'll take a short break, and then I
think I've got just a few more questions for you.
VIDEOGRAPHER: We are off the record at
5:36 p.m.
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COURT REPORTER: I'm sorry, what was that

last thing you said? In -Q. (By Ms. Tranel) Can you spell La Pampa?
A. La -- L-a P-a-m-p-a -- two words. That's
a province. The city it's in is Santa Rosa.
Q. In Argentina?
A. In Argentina.
Q. Okay. How is the money replenished?
A. We haven't had to replenish the money -Q. Okay. How much -A. -- because -Q. How much money is in the Rocky Mountain
Bank account?
A. Um, it's probably a balance of somewhere
around eleven or twelve thousand, maybe. I don't
know exactly, but it's something like that
magnitude.
Q. And Pete gets a wire transfer of 1,000
every month?
A. Yes.
Q. And that's not automatic?
A. No, it's not.
Q. You go down to Rocky Mountain Bank and do
it?
A. Yeah.
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record:)
(Whereupon, Deposition Exhibit Nos. 36,
37, 38 and 39 were marked for
identification.)
5:50 p.m.
Q. (By Ms. Tranel) Okay. Don, you
testified that Pete's getting paid about $900 a
month?
A. It's a thousand.
Q. A thousand dollars a month? Okay. U.S.
dollars?
A. Yes.
Q. Okay. What account is that taken out of?
A. Rocky Mountain Bank.
Q. Okay. And who writes the checks?
A. Its's wired.
Q. It's wired to him? Who does the wiring?
A. I do.
Q. Okay. What account do you wire it to?
A. It's an account in -- I think it's in La
Pampa, in -Q. Is it in Pete's name?
A. Yes, it's in his name.
Q. Okay.
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Q. Okay. So that'll last about another

year?
A. Yeah. Unless it's replenished.
Q. Okay. You may have said this, but I
don't remember what your answer is if you did.
Who retains S & C lawyers?
A. Which -- which lawyers are we talking
about now?
Q. You said there were five?
A. That had been used, yes.
Q. Okay. Who retains -A. Oh, wait, no. S & C?
Q. Yes.
A. No, I didn't -- I didn't say S & C had
five lawyers.
Q. Okay.
A. S & C has one lawyer right now here -well, then Luciano advises us from down there.
Um -Q. "Down there" is Argentina? Is that
right -A. In Santa Rosa. Those -- so there'd be
two. I -Q. Who hires those lawyers -- who hired
them?
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A. S & C.
Q. Who did it on behalf of S & C?
A. Pete and I up here. Down there, it'd be
Pete for whatever needs to be done.
Q. Okay. You wire money to Pete. Is that
right?
A. Yes.
Q. Do you ever carry money to him?
A. Never.
Q. Does anybody else that you know of carry
money to him?
A. Yes.
Q. Who carries money to him?
A. I understood that Bob Donat did.
Q. Anybody else?
A. No.
Q. Okay. I'm going to hand you an e-mail.
Who is that e-mail from?
A. This is from Joseph Walden. I -- it's
from Joseph Walden to Bob Donat.
Q. Okay.. What does it say? Can you read
it?
A. "When I met Bob at airport on my hunting
trip to Argentina, Pete told me to pick up 10,000
from him and bring it to him. I did this, and he
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Q. The corporate books -- the S & C books.

Anything: S & C documents, minutes, ledgers -A. He -Q. -- tax returns, anything?
A. Oh, he signed all -- he signed all of the
minutes, so he read them.
Q. Okay. Tax returns?
A. No, I never reviewed tax returns with him
because I didn't have them.
Q. Okay. Ledgers?
A. I didn't have any ledgers because I
didn't have any.
Q. Bank accounts?
A. I reviewed, I believe, in the Glacier
account with him.
Q. When did you review that with him?
A. When I was down there.
Q. When was that?
A. I think it was the second time I was down
there, in February of two thousand and -- that
would be 2008.
Q. You sat down with him?
A. Yes.
Q. And went over the bank account?
A. The statements.
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told me every time I come down to pick up 10,000

and bring it to him. I only did this the one
time.
"Joseph Walden."
Q. Okay.
A. I don't know -- this is from Joseph to
Bob..
MS. TRANEL: We'll mark that as a
deposition exhibit.
Q. (By Ms. Tranel) Did anybody else carry
$10,000 to Pete?
A. Well, I don't know if he did or not.
That -- I've just seen that for the first time.
Q. Okay. Do you know if anybody else
carried $10,000 to Pete?
A. I don't know of anyone other than Bob
Donat.
Q. Okay.
A. And I only know that because he told me.
So. . .
Q. Okay. Did you ever review the S & C
books with Pete Koeck?
A. Which books?
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Q. Okay. What was the purpose of doing

that?
A. He wanted to see the statements and I -I brought them down to him.
Q. He asked you to come?
A. Yes.
Q. Okay. So you went down there for the
purpose of showing him the Glacier Bank account -A. Well -Q.. -- statements?
A. -- other things, too, but that was the
main thing that I can remember, as far as any
documentation from S & C.
Q. Okay. Did you go through the profit and
loss statements with him?
A. There were -- we didn't have any.
Q. Invoices?
A. We didn't have any.
Q. Receipts?
A. We didn't have any.
Q. Okay. You didn't submit them for
reimbursement of your expenses?
A. No, I didn't -- I didn't have any to
submit to him at that time.
Q. Did Bob review the books of S & C
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Corporation with Pete, do you know?

A. No, I don't know.
Q. You -- does Pete have any mental health
issues, do you know?
A. No.
Q. Any memory problems, do you know?
A. No.
Q. Any substance abuse problems -A. No.
Q. -- do you know? None?
A. "Substance abuse," meaning what?
Q. Alcohol, tobacco.
A. Well, he drinks.
Q. Okay. Is he an alcoholic?
A. I don't know if he's an alcoholic. I'm
not really qualified to say that, but he drinks.
Q. How much?
A. When I'm around him, he usually -- he'll
drink -- he drinks wine.
Q. Does Pete do what you say?
A. In what respect?
Q. In any respect.
A. I would say that Pete is a very
independent man. He does what Pete wants to do.
Q. Do you act in any way in any legal
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bill from Don for drafting the affidavit. I'll

e-mail him separately regarding that. I'm going
to tell him not to be too cheap. I want this
piece of shit being buried in debt. I'll be at
the notary in one hour from now and I'm also in a
great mood over here. I had to take 500 SEC
Mercedes in for service, paid $800, and it still
ain't running right. My satphone tells me my
battery's invalid and I can't charge the piece of
shit anymore. Looks like the motherfucker took a
shit on me after I had it in my possession for two
months. Looks to me like everything I'm touching
lately turns into a turd. Fuck this planet,
Frank, and the system and everything else. In
case I die on the way to the notary in a suicide
by cop incident, enjoy S & C and its assets. It's
all yours, in case I take a shit; you're the only
one who deserves it. Just give your kids all the
hardware they like and say hi to them. They're
good kids."
Q. What's the date of that e-mail?
A. 2005, June 15th.
Q. Are you aware of any litigation with
Frank Heilig?
A. Yes.
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capacity for the corporation?

A. None.
Q. Have you ever drafted an affidavit for
the corporation?
A. Well, these affidavits that I filed, I
drew them up for myself.
Q. Have you ever drafted any affidavits that
got filed in any litigation?
A. I don't recall doing that. I don't know
what other litigation we've been involved in.
Q. Did you ever get paid for drafting
affidavits?
A. No.
Q. Okay. I'm going to hand you an e-mail
from Pete to Bob Donat. Go ahead and read that
out loud.
A. "Bob, I'm going to include in the FedEx
letter with the affidavit also the bill for the
notary. If I get hold of the bills for the cab I
had to hire to get me to find -- to and back home
from the notary office, I also want to charge it,
or charge FR. for the time I wasted with this
case. I want you to do the same thing. This
brain-dead motherfucker is supposed to pay for all
the inconveniences we had.. I want included a
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Q. What was it?

A. Um, I didn't handle that and -- since I
really had no contact with it except through Bob
Donat, and it was for recovery of a Hummer.
Q. Do you like Bob Donat?
A. Do I like him?
Q. Mm-hmm.
A. In what way?
Q. Do you enjoy his company?
A. Oh, I enjoy talking to Bob.
Q. Mm-hmm.
A. I don't have any problem with that.
Q. Did you enjoy working with him with
S & C?
A. I really didn't work with him much. He
worked directly with Pete.
Q. Did you have any personal relationship?
A. Like what?
Q. Did you have dinner at his house?
A. No.
Q. Did he ever have -- ever have dinner at
yours?
A. No.
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Q. Did he know your wife?

A. Yes.
Q. Did you know his wife?
A. Yes.
Q. I don't have any more questions. We'll
adjourn the deposition. You'll have an
opportunity to read and -- I don't -- do you have
any questions?
MR. MEYER: No. Thank you.
MS. TRANEL: You'll have an opportunity
to read and sign your deposition. You can waive
that if you want.
THE WITNESS: No, I'd like to sign it.
MS. TRANEL: Okay. We can go off the
record.
6:02 p.m.
(Whereupon, the deposition was concluded
at 6:02 p.m.; witness excused, signature
reserved.)
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CERTIFICATE
STATE OF MONTANA
)
) ss
COUNTY OF GALLATIN
)
I, Allison Nagel, Court Reporter - Notary
Public in and for the County of Montgomery, State
of Alabama, do hereby certify:
That the witness in the foregoing deposition
was by me first duly sworn to testify the truth,
the whole truth, and nothing but the truth in the
foregoing cause; that the deposition was then
taken before me at the time and place herein
named, that the deposition was reported by me in
shorthand and later transcribed into typewriting
under my direction, and the foregoing pages
contain a true record of the testimony of the
witness, all done to the best of my skill and
ability.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my notarial seal on this the
______________ day of __________________, 2009.
_______________________________
Allison Nagel, Court Reporter
Notary Public in and for
The State of Alabama,
Residing at Bozeman, Montana
My commission expires: 01/03/2012
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DEPONENT'S CERTIFICATE
I, DONALD BERNARD, the deponent in the
foregoing deposition, DO HEREBY CERTIFY, that I
have read the foregoing - 350 - pages of
typewritten material and that the same is, with
any changes thereon made in ink on the corrections
sheet, and signed by me, a full, true and correct
transcript of my oral deposition given at the time
and place hereinbefore mentioned.
________________________
DONALD BERNARD, Deponent.
Subscribed and sworn to before me this _____
day of _________________, 2009.
__________________________
PRINT NAME:_______________
Notary Public, State of Montana
Residing at:______________
My commission expires:____
ARN - Robert Donat vs. S&C Corporation
89 (Pages 350 to 352)

353
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A
ability 58:21 251:8
352:17
able 149:18 209:22
234:12
abnormal 331:7
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275:25 280:6
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281:14 282:17
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149:20,23 171:11
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312:19
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101:15 102:3,5
103:9,11,13 104:9
104:21 105:8,9
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170:2,9,10,25
171:12,14,16,17,19
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177:1,9,22,25 178:1
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179:7,13 180:10,17
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181:19 182:1,10
186:5,13,15 188:13
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216:15,18 239:1
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256:5 258:6,7
261:18 262:18
263:21 268:20
272:9 275:14,15,16
276:12,22 280:19
324:15 325:20
339:14,20,21
340:13 344:15,24
345:8
accountant 130:4,5
130:12,14 154:23
157:24 220:9
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225:3,12
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344:13
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183:4
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99:15,17 106:12
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108:1,2
act 137:21 187:16,19
237:5 310:3 346:25
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187:20
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203:3 292:23
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52:21 93:24 142:17
143:23,24
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184:21 186:4,12
256:9 262:25 263:9
added 23:4 178:22

179:13 185:1,23
addition 217:6
256:10
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101:7 118:5,7
121:18,20 126:21
143:12,16 147:14
147:16,23 148:5
156:11,12 171:24
172:4,9
adjourn 350:6
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135:17 136:8 240:5
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adopted 4:23 5:16
166:25
advance 8:21 254:25
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254:5
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advice 96:18 140:10
227:20 229:24
253:21 254:3 255:8
255:24 256:3 260:8
261:12
advices 276:21
285:15
advise 27:8 132:9
140:2,6,13 237:4
240:22 283:4
292:22
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adviser 26:19 30:22
30:25 84:3,9 89:17
advises 341:18
advising 153:16
279:9
advisory 46:15
affect 58:21 252:17
271:11
affidavit 11:19 12:4

12:11 20:17 235:23
242:13,23 243:5,22
289:4,9,12,17
293:20 347:3,18
348:1
affidavits 20:3,4
243:19 244:8
246:17 266:24
267:13 283:7 347:5
347:7,12
affiliated 83:18,23
92:4,5 94:20 97:5
161:19 162:18,20
affiliates 145:7,11
affiliation 153:14
161:21
affiliations 76:5
affixed 352:19
age 15:3
agencies 310:5,11
315:1,12,15,20
agent 93:25 94:9
100:1 169:13
292:20
ago 16:15,21 28:2
45:19 65:7 66:4
82:8 94:7 108:20
111:1,16 113:11
114:9 155:5 156:8
221:3 286:4 309:19
320:12,13 337:12
337:20
agreeable 205:7,14
agreed 247:4,25
agreement 6:5 7:5
34:3 90:14,16 91:7
91:19,20 158:9
205:5 206:9 209:3,7
209:12,15,24,25
210:3,7 216:23,24
217:4,11,15,22
219:1 225:22 226:5
226:24 227:6
228:10,11,18 229:6
270:7,9,14,18 271:6

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271:8 281:6,10
286:8 311:5
agreements 219:20
ags 49:14
ahead 15:16 20:8
141:21 161:5 266:3
347:15
aint 348:8
airban 332:19
aires 101:6 102:1
105:10 129:14
131:6 138:3 245:9
245:13 327:4,7
328:7,14
airline 328:4
airpark 55:3
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332:15
airplanes 57:22
airport 337:25
342:23
al 14:6 338:3
alabama 352:6,24
alan 15:9
alaska 35:3
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alcohol 346:12
alcoholic 346:14,15
alleged 264:4
allison 2:9 14:10
352:4,23
aluminum 73:14
amended 165:13
201:24 202:1
230:20
america 29:8 148:4
american 56:2
294:11
ammunition 169:8
292:24 298:5
303:13
ammunitions 311:6
amount 89:1,7,8
103:3 104:18 147:2
177:3 250:11 251:1
251:22 255:14
256:7,11 259:1
270:17,21 275:4,11
278:2,12 280:11
281:19
amounts 256:9
andrew 55:3
angeles 67:12,18,19
67:19 68:18,18,21
82:19
animals 105:16,18
announce 318:17
annual 217:7 235:1,3
241:25 242:6
answer 97:20 124:21
125:25 126:2
129:25 140:13
145:20,22 150:19
152:20 156:22,24
181:25 182:14
210:11 223:4 224:4
226:17 227:3,12,15
227:17,19 229:7,15
229:19,22 230:1,4
260:3,8 265:1
268:13 276:7
291:22 292:10
296:9 341:5
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152:19,22 224:5
291:21 301:2
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301:4
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198:23 260:2
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146:9 175:18
195:25 220:4
303:23 314:3 321:2
321:15,17 330:21
342:10,15 343:12
343:16
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268:4 348:10
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136:25 248:6
253:10 299:22
324:4
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178:18
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228:12 231:3
232:16 283:24
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292:25
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approximately 50:11
102:21,24 256:15
256:16 261:1
262:22 270:5 276:2
296:17,18
april 2:6 14:1,6 128:7
129:6 241:22
242:10 261:22
295:5 296:15
297:14
ar 286:5
area 21:18 28:25
29:10 35:5 36:2
51:5,11 108:24
115:21,24 116:21
130:19 135:7,9
areas 26:3 288:2
arent 58:24 289:21
argentina 98:12
108:3 129:9,23
131:22 221:23
252:19,21 287:22
287:23 288:1 317:3
319:8 323:7 325:3
340:6,7 341:20
342:24
argentine 98:11
99:18 324:2
arm 333:16
arn 351:25
arrangement 154:4
articles 4:15 107:14
107:18
ashman 136:1,10,13
136:14,25
asked 19:18 33:2,9
58:7 68:2 142:7
145:18 152:18
158:11 160:18
180:5 183:2,18
184:12 218:5
220:19 222:20
247:6 254:13
267:10 284:7
291:20 298:3
299:11,19 301:22
319:3 321:19 332:3
345:5
asking 76:1,4 85:20
85:23 102:6,9
119:25 127:10,12
127:20 139:15
151:23 170:20
183:6 184:23
194:24,25 199:25
204:13 218:22
222:13 224:6 227:5
227:12 229:9,11
240:1 265:12,13
277:1 290:16
334:17 336:3
asset 49:23
assets 25:8,10 85:16
86:1 237:5 238:25
348:16
assign 48:8
assigned 35:15 37:6
38:9 48:14 159:8
assist 208:17
assistant 49:7 173:14

355
Donald Bernard
187:5,7 205:2
associate 52:17
associated 136:4
associates 22:23
assume 149:25
155:15,16 178:25
179:10 180:4
204:21 233:23
258:13 324:17
assumes 234:8 276:5
assuming 264:24
268:12 276:4
286:21
assumptions 268:16
269:5,7
atf 292:20
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atocha 71:21
attached 11:20 12:5
12:12 201:23 209:9
225:24 271:5
289:21
attend 245:10
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245:4,6
attention 303:7
attorney 3:2,8 7:9
47:13,17 49:4,7
77:21 89:22 96:25
97:9 101:11 105:2
118:21,22 124:25
125:5 126:5,24
132:11,13 135:18
135:25 137:21,24
147:7 148:11
149:19 179:22,25
187:16,20,25 188:3
188:6 190:18
199:19,22,23 200:1
200:2,3,6,23,25
201:22 202:11,13
213:19 215:7
218:24 219:3,7
229:8,10 230:13,23
235:19 258:23
260:7 264:7,9
290:15,24 303:7
332:8
attorneyclient
124:20 125:21
227:1 229:14 230:6
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96:12 101:2 126:9
137:25 138:1,9
august 131:3,19
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authority 188:9
237:4 238:3,4,8,15
239:2,3,5 240:3
241:5 244:21 245:1
246:19,20 247:2
249:15 260:14
266:17 289:14
291:10,15 292:7,15
293:10
authorization 7:11
203:25 231:12,15
232:7
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201:4 203:24 204:1
213:15 231:14
329:14,16
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178:4,12 186:4
197:5 203:4 204:8
204:10,11,17,18
214:8 216:10,17,25
217:20 244:16
254:20
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303:17
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147:25 148:6
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aware 139:20 142:19
145:9 159:6 202:12
217:19 225:25
177:22,25 179:12
179:16,17,19,24
180:2,10,24 181:12
B
182:2,4,7 183:11,20
ba 41:25
184:12,15 185:10
back 30:14 36:17
185:14 186:5,13,15
42:25 43:2,7 51:2
188:8,11,12,25
72:20,21 74:16
199:15 214:21
111:15 115:14
215:4 216:15,18
134:8 140:24 141:3
249:24 250:1,21
141:18 142:12
251:5,6 252:8,14,17
145:23 149:7
252:23 253:2,7,20
151:13 152:7,9
255:8,13,23 257:25
153:18 154:10
265:22 272:8,9,15
155:18,18,24 156:5
339:15 340:13,23
161:3 163:8 185:15
344:13,24 345:8
198:5 206:4,18
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208:13 209:18
178:10
212:24 239:23
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268:16 286:3
bar 44:21 332:2
288:22 293:5
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299:20 300:4,18
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319:15,17 320:14
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230:4 259:25 260:5
347:20
260:9,15,21 264:1,5
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264:10,11 272:17
168:12,15
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bad 299:10
bearing 172:18
balance 257:23 262:5 beginning 2:7 58:8
270:2 271:13
187:4
284:23 340:14
behalf 3:2,8 146:9
bank 5:8,11,12,13
148:20 200:9 201:5
8:12,19 9:6,13
220:2 232:3 254:21
74:25 75:2,6 76:6,9
342:2
76:17,25 77:1,3,13 believe 16:20 22:13
77:25 101:18,20
27:6 29:17 39:3
102:4,9,11 104:5
54:13 74:3 78:23
105:2 123:2,4 148:2
82:3,4,22 83:6 84:5
148:3,4 149:11,20
89:6 94:21 110:2
149:21,22 156:14
116:22 129:20
170:1,5,6,9,10
131:3 133:2 134:11
171:1,8,9,12 173:22
135:2 137:4 145:21
174:13,20,21,24
148:14 149:3 156:3
175:21 176:8,21
157:15 168:5,8
266:21 324:22
325:23 348:23

356
Donald Bernard
169:19 174:1
175:24 177:2 182:3
184:12,18,19
185:25 202:2 215:7
220:17,23 221:15
230:20 235:4 236:6
241:9 244:22 246:7
260:2 261:19
265:11 294:13
298:13,18 301:19
309:2 313:16 316:2
325:5,7 328:20
329:12,20 344:14
belize 57:5
belonged 103:14
154:6
belonging 7:19 233:6
beneath 147:3
beneficial 49:22
beneficiary 8:22 9:9
9:16 147:19
benefit 91:13
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bernard 1:8,23 2:3
3:9 4:2 6:14,17 7:22
9:20 11:8,14 12:22
14:3,18 15:2,21,24
147:8 148:12 167:2
181:5 182:17
200:15,15 205:2
211:25 282:8 293:3
351:3,13
bertone 11:10
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231:2,3 248:12
281:21 352:16
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78:15 105:16
107:23 316:7,9,12
316:13
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348:1
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bit 18:7 140:22
270:25 287:20
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122:17,18,21,24
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332:7
blank 20:19
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166:19,20
blood 58:17
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board 5:21 7:15 12:8
30:22,25 67:16,20
68:1,3,4 69:11 72:4
72:10,13,23 73:21
73:22,23 74:5 75:12
75:13,14,20 76:8
77:6,7,8,11 78:5
79:3,11,16,19 80:12
80:20,23 81:2,16,18
82:24 83:5,7,8 84:4
84:6 187:9,11
198:11 233:8
238:11 241:5,25
242:7 244:24 283:3
283:3
boards 46:14 72:19
74:24 76:4,24 77:13
77:22 78:4 81:12
83:14
bob 6:13,19 7:17 10:6
10:10 11:6 12:25
13:5 14:16 20:1
202:17 203:9,16,20
204:8,12 205:1,6
206:25 207:23
208:15 210:1
211:20 213:4,13,16
214:3 215:18 216:8
216:10,22 217:6
220:1,3,17,24 221:1
222:21 223:9
225:22 230:12
233:4,13 234:22
235:6,9,10,14,24,25
236:7 237:14 240:7
240:9,15,22 241:2,7
241:23 246:18
247:9,23 248:8
250:8 251:11,19
260:13 265:5,6,21
266:8,25 267:23
269:18,22,25 276:1
277:7,25 279:6
281:17,20,25
282:15,21 283:4,14
284:13,17 285:10
286:14,19 287:2
292:6 293:10 297:7
299:8 302:4 309:1,2
313:8,10 314:1
315:1,21 316:22,25
317:14,17,24
318:11,16 319:17
320:23 321:3,6
325:20 326:3,6,10
326:11,12,14,18
330:22 331:17,19
331:19 332:5,7
342:14,20,23 343:7
343:18 345:25
347:15,17 349:3,7
349:12
bobs 215:8 226:12,20
229:12 230:2
234:13,19 235:19
244:20 249:15
291:9 313:6 316:23
book 19:23 20:21
164:17,19,24 174:1
186:7 198:8 211:3,5
218:8 300:23
books 89:18 218:7
272:5,6 343:24,25
344:1,1 345:25
born 40:1
bottom 143:17 147:9
147:11 176:11
181:4 182:11
200:19 292:21
335:1
bought 56:12 99:18
122:7,8,9 123:2,12
123:15 249:1,1,4
box 3:5,11 164:1,3
314:22
boxes 298:22,23,25
boyd 9:23 188:2
205:13 220:12,13
220:20 221:5,11
235:24 258:25
263:9 272:21
274:15
bozeman 2:6 3:12
14:9 61:7 126:10
130:10 352:24
braindead 347:24
branch 33:12
break 140:15,16,23
163:7 197:19,20
205:23 206:3
208:12 212:23
239:14 240:1
277:10 338:18
breaking 301:24
breech 282:23
brian 306:23,24,25
309:13 321:11
bridges 338:9
brief 305:22 309:20
briefing 47:13,17
briefly 309:17
briefs 47:18,25 48:18
bring 19:15,20 265:4
317:8,15 319:15
342:25 343:2
bringing 266:25
broad 195:5
broadway 60:8
brother 40:7,10
brothers 40:3,6
brought 19:17,25
20:11,21 112:23

357
Donald Bernard
319:3 345:4
buenos 101:6 102:1
105:10 129:14
131:6 138:3 245:9
245:13 327:4,7
328:7,14
building 3:5
burden 323:11
buried 348:4
business 28:13 29:5
45:20 46:2,9 52:9
52:10,17,17 56:24
56:25 61:10 69:17
78:18 85:5,13 86:16
87:4,5 94:15,17
150:22 151:5,7,8
152:24,25 153:1,3
155:14 200:9 201:5
246:8 286:5 324:19
328:9 332:10,11,12
332:13,14
businesses 46:17
59:23 133:16,17
busy 325:2
butte 21:17 170:7
308:21 337:22
338:4,6,10
buy 22:12,14 79:14
88:3,6 113:13
116:16 123:11
151:8 167:13 286:3
316:10 322:14
330:9
buyer 247:15,16,21
282:16
buyers 224:14 281:21
buying 86:12 146:4
169:1 253:6 322:16
buys 24:20 25:4
buysell 7:4 28:7
225:22 226:5,23
228:10 229:6 271:6
271:8
bylaws 4:19 164:15
164:17,24 165:13
165:18 204:23
231:25
C
cab 347:19
calculate 158:7,19
california 38:18
61:20,22 62:6
call 16:5 44:17 117:4
117:5,14,15 118:16
119:18,22 120:5
125:9 190:8,17,18
190:20,23 236:4
267:4 296:4 299:5
300:5,6,20 304:6,8
307:21 309:15
318:14 331:25
called 17:21 33:9
124:15,16 190:7,9
190:12 282:10
300:2,3,4,18 301:1
301:6 305:23,25
306:1 307:21,22
310:1 331:24 332:3
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calls 117:9,13 190:5
190:16 210:9 276:6
292:8
cameras 330:7
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campus 311:22
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cant 18:12 28:23
55:17 66:19 79:20
81:13 83:15 89:10
89:12 97:20 101:1
117:5,14 169:19
179:11,19 190:23
194:22 195:5 224:4
228:13,16 229:7
233:23 238:14
260:8 264:16
268:13 273:4
286:16 290:17,18
292:12 320:11,24
326:23 329:20
348:9
capacity 46:15
240:12 347:1
caple 109:15,15
caples 109:13
car 111:5,7,8
card 123:17,21,24
124:2,5 189:15,17
327:13,16,17 328:9
328:10,11,14
329:24
cards 325:22
care 248:20,22,25
268:4 286:5 334:15
carried 343:17
carries 342:13
carry 58:1 288:4
342:8,10 343:12
carrying 16:8
case 16:13,25 17:2
20:6 38:10 48:7
124:18 136:7 260:3
347:23 348:15,17
casebycase 138:12
cases 46:18 48:4 49:9
49:14,15,21
cash 22:18,21 99:24
100:10 101:13
103:8,25 104:2,9,12
104:14 106:23
281:18 327:14,15
cassiterite 26:8
caught 144:25
cause 14:5 352:10
cd 3:10
cell 122:15
cellphone 122:3,19
122:24
center 246:8
certainly 103:1 124:8
certificate 211:10,13
211:13,19 213:17
351:1
certificates 6:11 91:5
211:9 213:4
certified 336:10
337:1
certify 351:4 352:6
cessna 56:2 332:19
332:20
chair 283:2
chairman 26:18
27:17 30:19 81:3
283:2
challenging 229:12
229:16 230:2 268:9
changed 123:23
165:16 187:11
changes 351:7
characterization
156:19
characterize 140:12
168:2
charge 309:20 347:21
347:22 348:9
charged 263:10
charges 303:9,10
charitable 49:18
charles 2:4 14:8,11
charleston 38:20
charter 160:2,17
163:18
cheap 348:3
check 8:5,14 100:13
164:3 177:6,11
214:22 215:1,3
247:7 250:7,8,12
251:19,23 268:23
269:9 277:25 278:2
280:21 298:4
312:11,13 314:10
319:11,12 329:9
337:2
checkbook 265:24
checked 247:9 317:8
checks 172:17,18
216:11 333:24
339:16
cherokee 56:1
chicago 25:20
chiesa 101:4,10
132:14

358
Donald Bernard
child 61:5
children 59:13 60:25
63:22 108:17
christ 60:13
christmas 129:17
christopher 3:10
12:18 14:17
circumstances
184:22
cirus 332:19 333:1,3
citibank 105:3,10
cities 25:18
city 22:24 59:20 60:2
61:15 62:4,5 68:19
68:21 74:25 76:6,8
77:3 82:19 340:5
civil 2:8 17:9,10
47:20,24 49:11,12
claim 1:12,17,18
claiming 1:12
claridge 327:9
clarified 63:1
clarify 198:13 206:6
239:25 270:25
clear 18:10 184:8
310:2
cleared 57:9
clearing 9:17
clerk 48:19
client 195:10 196:10
clients 303:9
close 73:12 261:21
263:11 298:16
closed 50:22 149:21
163:22 164:2
188:14,15,22
clothing 167:20,23
cloud 1:16
club 3:5 330:17
coach 131:13,14
coast 25:17 35:2
code 21:13 299:15
coffee 141:23
collapsing 139:1,4,6
139:6
collection 265:25
295:16
college 33:18,19 34:1
40:21,23,25 42:9
64:6
colleges 41:3
com 121:21
combination 42:5
69:19
combined 42:10
come 15:8 30:13,14
35:14 51:7 56:3
67:25 71:16 77:19
81:1,24 101:17
109:10 136:4,10
187:1 202:21 222:3
245:17 254:23,24
262:16 317:9,13,14
317:17 318:17
343:1 345:5
comes 263:5
coming 113:24
318:17
commander 39:5,11
39:14,15
commercial 53:8
82:14,15 86:15,15
254:9,10
commission 4:8 34:4
142:22 351:24
352:25
commissioned 32:22
33:3,5,14 34:10,17
commissions 34:12
142:18
committed 283:15
common 199:4
communicate 117:17
118:9,22 119:4
121:13
community 40:21
168:6 326:6,10
commute 120:9
comp 66:18 286:9
companies 46:15
66:13,14,18,23 67:6
92:3,6,6,9 93:8,21
94:19,22 95:7,11
97:4 98:2,14 142:8
company 24:5,19
25:24 26:17,20,21
27:8,9,10 29:7,16
29:21 45:24 66:11
66:25 67:3 73:3
74:12 78:6,7,8,9,13
78:16,17 79:4,5
80:10 81:15,19,21
83:21 84:8,12 85:13
87:21 89:15,17 90:1
90:15 91:3 92:22
94:10 98:12 103:20
130:6 143:9,11,13
143:22 145:4 146:6
147:22,24 153:9,11
158:18 159:18
160:24 161:10
238:24 325:16
349:11
compare 139:25
274:19
compatible 117:6
compensated 31:2
32:6 69:10 74:7
76:20 77:24 82:21
180:6 216:22
compensation 79:15
82:22 88:23 203:21
203:24 204:1,3
217:9
complaint 1:15
201:24 202:1,9
209:8 210:17
225:25 228:8
230:21 271:5
302:25 303:11
332:1
completed 86:4,17,18
132:2 155:10
completely 93:1
241:3
complied 146:18
comprehensive
335:16
computer 59:22
119:15 120:7,9
192:24 193:17
243:13,17 244:3
246:4,5 265:17
289:25 290:5,6
computers 25:12
120:18,23 123:13
193:13 244:1
con 52:17 139:10
295:3 314:10
concern 247:20 248:1
248:13 289:14
concerned 238:1
247:16 265:2
282:22 300:25
concluded 350:18
conclusion 210:10
226:16 292:9
condition 331:4,6
conditions 233:8
conduct 201:5
conference 62:8
125:9 282:8
conferred 68:10
confidential 310:3
confirmation 132:18
conflict 77:16
confused 261:8
270:24
congo 26:10
connection 23:4
consent 114:25 239:7
consider 194:21
267:11
considered 105:16
consortium 56:7
constantly 38:9
construct 215:19
construction 205:1
207:1,24 214:4
consult 265:24
consultants 6:21
consulted 96:10
consulting 31:16 32:7
contact 52:14,16

359
Donald Bernard
84:25 85:1 190:14
244:10 282:12
290:18 303:25
304:1,3,5,13 315:12
315:19,20 331:23
349:3
contacted 304:12
315:13,19
contacts 51:9,11,24
52:3,6,7,8
contain 352:15
container 265:25
312:23
containers 316:6,7,7
316:8
contemporaneously
193:24,25
contesting 226:12,20
280:3
contests 227:5
contingent 1:19
continued 5:1 6:1 7:1
8:1 9:1 10:1 11:1
12:1 13:1
continuously 138:11
contract 157:23
247:4,5 248:8
249:12 260:25
264:13 281:15,17
294:19,23,25
295:13,24 297:4,8
contracts 7:12 85:16
85:18 86:2,13,14,25
155:10,15,20
231:12,16 232:2,5
233:17,19 260:14
291:10
contrary 332:9
contributing 69:6
control 36:11 179:19
302:2 325:19
controller 154:24
convention 330:15,17
conversation 125:17
126:4,8 139:10
175:4 213:13 302:6
305:22 308:5
309:20,24 320:18
320:20 321:15
conversations 124:24
306:9,12 308:12
conveyed 266:8
coop 168:19
cooperates 107:15
cooperating 303:17
cop 168:19 348:16
copied 206:16,20
207:12 208:5
copies 20:7,14 107:18
211:5,7 212:17
219:10 221:11
236:20
copy 8:4,9,13 12:12
17:24 18:5 19:10,13
20:25 92:2,2 162:25
198:10 201:2
205:17,21 206:15
209:6,11 216:25
218:12,13,17,18,22
218:25 219:2,6,7
221:9 232:18 237:1
250:8 251:19
258:14,25 271:5
296:2 297:8 302:18
311:4
corner 180:21,22
181:4 278:15 302:1
corp 34:6 72:24 73:1
corporate 5:4 19:23
20:20 159:4,5 178:3
178:10 179:1,3,6
186:3,3,8,9 189:1,3
189:23 190:1 198:8
199:22 200:9 201:5
203:3 209:12 211:5
218:7,8 239:6
244:19 245:25
272:7,9 273:2,6
275:19 287:13
325:21 344:1
corporation 1:8 3:9
4:13,18,20,24 5:6
5:10,18,22 6:7,10
7:6,16,19 8:7 9:8,15
10:11,13,14,24
11:18,23 12:8,15,21
14:6,18 26:19 31:13
83:9 93:12,17 97:9
97:16 98:16 99:4
124:4 132:19
142:14 144:22
146:5 147:13
148:20 152:5 159:8
159:23,24 160:2,7
160:16,21 161:8,11
161:15,19 162:1,11
162:14,19 163:13
163:17,19,21,23
164:2,3,16,21
165:19 166:6
167:13,22 168:1,11
168:19 172:3,15,18
172:21 173:25
175:16 177:9 180:7
181:20 182:5,8
187:4,17,22,25
188:3,8 189:20
190:11 191:1,9,12
194:9,19 195:2,9
196:3,5,6,13,19
197:1,3,6 198:12,16
199:4,20,21,24
202:20 204:9,24
208:16,19 213:14
213:16 214:5,16
216:11 217:10
219:17 223:7
225:21 226:25
231:24,25 232:1,4,7
232:9,19 233:6
234:20 236:1,11
237:5,12 238:3,9
239:8 240:9 248:17
250:10 254:12,17
254:21 258:8
260:19,23 261:11
267:3 269:3,19
270:1 273:8,20
274:9,13,25 276:2
276:22 280:9,17
281:22 282:22,24
282:25 292:7,18
293:12 324:7,21
325:13,15 327:1,20
328:18 332:18
333:14 346:1 347:1
347:4 351:25
corporations 46:14
93:23,24,25 96:19
97:19 98:5 112:18
112:22 199:15
219:17 263:20
331:11
correct 31:22 92:24
93:19 116:17,22
157:3 158:11,16
163:14 180:11
190:24 219:15
226:3 251:12
274:18 301:19
311:13 324:17
335:3 351:8
correction 37:24
corrections 351:7
costs 30:7 329:5
couldnt 94:24 95:15
97:12 98:8 224:11
224:18 282:16
302:2 304:25 305:1
305:5 319:16
counsel 97:15 181:22
227:20 229:24
count 298:21
country 252:9 288:15
323:11
county 1:3,9 14:4
201:13,19 215:14
230:15 289:2 320:3
352:3,5
couple 45:25 80:16
144:15 304:15
309:19
course 20:13 25:11
33:25 38:16 54:4

360
Donald Bernard
71:14 92:8 150:21
151:5 198:15
300:17
courses 41:18 42:11
court 1:2 2:5,9 14:4,8
14:9,11,24 21:6,9
47:15,19 48:4,9,11
48:13,13 167:6
184:4 251:14
259:14,16 287:6
340:1 352:4,23
covered 142:6
covering 65:8
covers 201:7
cpa 9:23 205:13
crashed 17:16
crazy 286:14
create 160:6 288:8
created 160:1 170:2
287:18 288:6,10
323:15,17,24
creating 97:22,24
168:10
credit 8:18 123:17,21
123:24 124:1,5
189:15,17 254:3
325:21 327:13,16
327:17 329:24
creek 21:18 172:5,7
crews 57:1
criminal 17:9 49:10
307:1 310:3
cs 180:1 221:10 222:6
251:5 262:18
268:20
culver 48:17
cum 44:16,16
currencies 139:13,23
currency 139:8
current 190:25 191:3
currently 23:25
30:16 31:17 32:11
66:12 67:4 138:9
188:9
cus 295:20
custodian 295:17,18
295:20 298:4
customs 317:9
cut 73:11
deals 44:6
dear 213:12
debit 9:5,12 256:4
debits 261:13
D
debt 156:3 348:4
dad 46:5,25 47:3 49:3 debts 238:24
50:3,12
decade 76:12
dallas 25:20 40:10,12 december 129:12,16
78:12,13 143:18
129:18 130:22
147:25 158:4
234:15,18,21 235:5
damage 36:11
240:2,10,16 241:14
date 28:2 39:3 126:15
242:4,10 244:23
144:1 148:16
246:22 261:20
173:11 178:24
267:19 276:2,9
185:24 188:18
279:14 281:13
206:22 213:3
284:18 285:2,4,16
234:19 237:7
287:13 289:19
242:20 243:18
290:11 291:11,18
256:23 257:14
291:25
267:17,18 269:9,11 decide 113:10 160:9
269:13 279:8,15
decided 113:7,11
284:16,25 285:14
160:11
295:12 296:12
deck 36:4,7
298:15 309:11
deeds 247:9
312:17 322:23
deep 281:22
348:21
defeated 286:11
dated 144:1 217:19
defendant 3:8 17:20
232:14 261:6 279:7
227:4,10 259:23
303:6
defendants 1:20
dates 55:17 66:3,6
defending 47:25
76:10 79:20 111:17 defense 112:16
115:11 320:8
defenses 260:19
daughter 59:25
264:3
day 134:17 149:3
definite 195:8
151:12,12,15
defunct 142:14
238:22 299:24
degree 41:22 42:1
301:11 302:9 318:6
43:9
351:16 352:20
degrees 41:23
days 37:18 64:13,19
deliver 232:3
65:1,5 66:8 152:8
delivered 191:6
238:22 281:19
delta 44:18
304:15 308:2
democratic 26:10
309:19
demonstrate 323:2,4
dba 147:21
department 112:16
dc 25:21 38:22
304:2 307:2 315:3
deal 99:25
depends 244:2 328:2
328:8,12 338:14
deponent 351:3,13
deponents 351:1
deported 134:20
135:21
deposit 149:10
257:24 261:9,21,23
269:11,13 280:11
deposited 151:1
176:25 186:23,24
199:14,16,18 234:7
234:11 251:5
257:23 261:2 262:5
262:17 268:20
280:18
deposition 1:22 2:2
4:6 5:3 6:3 7:3 8:3
9:3 10:3 11:3 12:3
13:3 14:3,12 16:10
17:25 18:9 19:11,16
20:13 58:8 125:18
141:8 142:21 143:3
144:7,8,18 146:16
150:13,14 163:4
164:12,13 166:1,2
167:4,8 173:18,19
177:19 184:2,6
197:25 207:14,15
208:24,25 210:23
210:25 213:2,6,25
214:1 217:13
223:15 225:8,9
230:9,10 231:8,9
232:11,12 233:10
233:11 239:12,18
249:24,25 250:16
250:17 251:16
252:2,3 255:4,5,20
256:19,20 259:10
259:19 266:5 268:6
268:7 273:17 274:5
274:6 276:18
277:16,24 278:23
278:24 285:8
287:10 291:5,6
309:23 338:22

361
Donald Bernard
339:2 343:9,10
349:5 350:6,11,18
351:4,9 352:7,10,12
depositions 16:16
depositor 5:6 171:25
171:25
deposits 261:3,7
des 278:17
describe 23:3 39:7
223:12 226:7 335:7
described 1:15
244:16
description 97:25
223:20,24 228:21
278:14,17
descriptions 228:2
293:20
deserves 348:18
designate 163:22,25
designated 172:16
335:11
desk 302:25
desktops 121:2
destroy 192:20
destroyer 35:12,21
36:3
detail 221:19
detective 331:20
determination 96:8
96:10,11
determine 30:2
234:12 290:13
determined 96:5
135:16
develop 203:1 208:18
214:9 220:2
developed 52:3 223:9
224:1
developer 247:5,24
248:6 249:11
279:17,19 280:25
281:4,8,16 282:20
developing 29:5
development 44:8
81:20 82:14 198:17
223:21
device 286:12
dhabi 51:3
diagnosed 331:3,6
didnt 15:8 33:25
42:16 49:10 65:9
73:19 87:9 94:16
116:16 124:23
125:1,6 128:20
129:22 131:16
135:19 136:11,13
146:11 148:21
155:14,19,21
156:12 157:6
167:21 168:24
169:11 175:3
180:14,15 183:21
198:19 200:16
203:25 206:9
221:18 230:14
236:5 239:4 241:4
243:16 247:13
248:21,22,23,24
249:3,16 251:11
255:1 257:11 264:1
264:13,21 267:5,6
271:25 274:10
275:10,23 279:2
285:11 289:1,6,16
291:16 299:25
300:4,24 301:23,25
308:15 310:3,24
312:12 314:22
315:5,12,19,20
317:4,5,23 318:20
319:5,14 324:25
325:16,19 341:14
341:14 344:9,11,12
345:16,18,20,21,23
345:23 349:2,17
die 50:14,16 348:15
died 50:13
difference 38:7 54:6
249:4 271:14
275:13 311:25
328:17
different 25:18 39:7
45:23 48:8,15 52:20

52:25 54:7 55:24
57:21 60:5 87:4
105:25 107:16
139:24 228:15
334:18 337:2
difficult 281:20
digits 171:22,23
250:21,23,24
dinner 349:21,23
direct 303:7
directed 186:12
206:10 233:5
267:14 283:12
direction 352:14
directive 238:11
directly 42:14 145:6
146:4 190:20
203:10 215:4 241:6
252:25 253:5
288:25 290:18
349:18
director 5:17 67:2
98:19 164:9 166:5,9
166:23 194:16
204:23
directors 5:21 7:15
11:16,22 12:9,14
164:6,7,8 194:14
198:12 233:8
234:17 238:12
241:5 242:1,7
244:25 246:22
283:3
dis 140:7
discharged 39:16,19
39:20
disclosing 283:1
discount 281:22
discounted 282:17
discovery 183:3
185:8 198:24
218:15 219:12
222:16
discuss 124:17
138:25 139:3,8
140:13 225:12
discussed 95:10
124:18 133:18
168:16 198:15,21
229:8 244:23 260:7
264:7 324:10
326:13
discussing 133:16
discussion 140:7,9
232:24
discussions 229:10
dispose 237:5
dispute 93:16 136:21
disregarding 124:24
dissolve 237:4 238:8
239:8
dissolved 238:2,24
distribute 25:6
district 1:2 14:4
diver 71:12
diving 71:7,14
division 26:6 37:7,9
37:10 49:16,18
divorced 60:19,21
dni 265:25
doc 185:19 276:17
doctor 334:22
doctors 334:20
document 5:14
146:17,19,20,21
148:17 180:18
182:25 183:4
185:21 192:15
207:1 209:23
210:15 223:18
226:2 230:16,22
231:13,14 242:13
242:16,20,22 243:4
243:6 250:4 253:19
253:25 255:23
256:2 272:24 273:3
278:7 280:7,8
283:23 285:17
289:10
documentation 149:8
150:3 244:20

362
Donald Bernard
270:13,16 271:23
206:12 211:25
271:25 345:13
213:1,3,12 257:11
documenting 70:19
265:24 268:1
documents 19:16,20
277:23 282:8
20:8 166:13 183:3,7
285:18,25 293:3
183:10 184:10
339:7 348:1
200:15 206:21
donald 1:23 2:3 4:2
211:2 212:18
11:8,14 12:21 14:3
240:20 243:10
14:18 15:2,21,24
276:17 277:13
147:7 148:12 167:2
344:2
181:5 205:2 351:3
doering 69:24 70:7
351:13
71:5
donat 1:5 3:3 6:6,13
doesnt 25:6 73:11
6:19 7:7,10,17 8:8
110:9 143:10
8:15,23 10:6,10
171:16 178:14,18
11:6 12:20,25 13:5
228:25 241:11,11
14:5,16,22,22 20:1
251:6 278:5 279:18
132:8 147:10
279:19 299:15
148:11 149:15
328:17
156:14 172:9
doing 28:12 29:23
182:17,25 183:9
30:1 32:4 38:16
191:5 194:21 202:4
45:22 47:12 49:20
202:17 203:9,16,20
50:19,25 51:4,7,13
204:12 205:1,6
62:10 65:3 69:16,25
206:9,25 207:23
70:1,10,23 71:1
209:20 210:1,4,5
87:1 111:20 112:8
211:20 213:14
141:4 146:3 259:13
220:3,17,25 221:1,8
259:15 309:24
222:22 223:9
328:2 338:14 345:1
225:22 228:12
347:9
230:12 232:1 233:4
dollar 139:1,3,11
233:13 235:25
199:8
238:2,22 240:3
dollars 89:9,11 100:5
244:17 246:18
100:6,7,8,11,25
247:10,23 248:5,8
103:2 138:16,17,18
250:8 251:19
138:24 139:22
260:25 265:6
188:23 283:1
267:23 269:1,22
322:11,13 339:11
270:10,22 276:1
339:12
277:25 279:6
domestic 4:17 163:21
280:22 281:17,20
don 1:8 3:9 6:14,17
281:25 282:15,21
7:22 9:20 15:19
284:13 292:16,25
16:6 141:15 144:19
293:10 295:22
163:12 182:17
296:22 297:7 299:8
184:9 200:15 205:6
312:23 315:1
316:22 317:14
321:3,6 324:25
325:20 330:22
332:1,5 342:14,20
343:19 347:15
349:4,7 351:25
donated 157:2
donation 154:3
donats 238:20 260:14
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177:2,2,12,13,23
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179:11,14,24 180:4
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183:13,15,22
184:22 185:2,7,9
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188:1,18 190:8
191:2,6,11,14,21,22
192:4,9 193:10,17
194:22 195:10,11
197:19 198:17
199:13,16,17,18,21
200:7,10,10,10
202:15,15 204:7
205:17 207:12
209:9 210:12
214:23,25 215:6
216:3,3,24 217:25
217:25 218:8 219:7
219:10 221:15,16
222:18 223:2 224:2
224:19 225:18,19
225:20 227:15
228:1,5 229:4,7
233:25 234:24
235:11,13,17 236:6
236:12,18,20,20,23
238:16,16 241:1,5,9
243:11,14,23 244:6
245:20,21,24
252:24 253:7,13

363
Donald Bernard
254:19,25 255:10
256:1,6 258:15
259:10 260:2,11
261:7,9,13,15 262:8
262:23,23 263:13
263:14,17,18 264:8
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316:5 317:10,19
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184:4
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342:17,18 347:14
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emails 7:20 9:19 10:4
E
11:4 120:8 279:6
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64:18
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73:12,13 253:6
330:3,4,6
erased 300:14

364
Donald Bernard
es 67:20
esq 3:4,10 4:3
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289:13
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99:25 198:17,21
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276:8
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F
faa 335:12
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159:23 173:4 224:8

224:9 242:13
249:12
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282:23
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336:25
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265:8 267:13 275:2
279:22 283:7,20
289:4,9 302:17
303:11 332:1 347:5
347:8
filers 10:21

365
Donald Bernard
filing 189:10 235:8
244:7 283:19 289:2
289:3
filings 236:3
filled 165:3,11
166:19,20
final 103:6 183:25
184:13 238:23
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241:2
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22:23,24
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347:20
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155:19 237:6
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133:12 152:12
169:18 180:11
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212:15 228:17
249:17 256:24
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271:4 289:1,3
296:11 303:8
314:16 335:8
343:15 352:8
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69:2 74:3 75:18
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197:22 341:9,15
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137:4 245:13 338:7
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56:20 57:3,12,19
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301:21
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129:1
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222:2 265:3 322:14
325:12,16
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G
gallatin 352:3
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84:11,16 91:23
96:15 153:4 159:16
gas 78:8,9 80:7

366
Donald Bernard
gemico 92:10,13,20
93:9 333:6
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gen 25:25
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76:11 87:5 97:25
308:25
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74:12
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309:11 310:7,10
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348:18
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87:10 151:20
156:16 171:24
185:15 202:13
247:6 252:21,24
351:9
gives 335:14 336:12
giving 223:4 252:15
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27:1,4,22,25 30:16
32:6 66:12,22 78:20
85:6,17 86:22,23
87:13 92:6,12,13,18
92:18 93:4,9,22
95:20 96:1 97:3
112:5 122:9 123:2,4

123:5 144:21
145:12,15,16 146:2
146:10 154:12
155:12,13,13
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159:10 327:22
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170:6 177:22
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182:1,4,7 188:12
214:19 215:2
216:16 253:8
272:15 325:19
344:14 345:8
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20:12 21:3 30:14
34:23,24 37:16,17
38:10,13,14,17
39:22 40:13,22 41:1
41:9 42:8 43:2 49:3
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345:14 347:15
350:14
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128:23,25,25 129:3
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146:15 158:21
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348:2
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governmentprovid...
114:2
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68:1,3
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44:11
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183:11 218:6 284:7
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168:22,23,24,25
169:1,6 292:24
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310:17,20,23 311:6
311:8 312:24 316:3
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319:17 320:13,19
320:25
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H
ha 286:11
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102:16,16,18,21,22
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242:12 250:19
251:18 253:19
255:22 256:22
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272:23 292:19
303:5 342:17
347:14 352:19
handed 91:5 207:12
208:6
handing 180:18
209:23 213:8 228:9
236:25 243:3 250:4
265:16

367
Donald Bernard
handle 49:14 349:2
handled 101:2
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handling 135:18,25
137:1
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174:3,4 192:6,7,11
212:3,12
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192:18
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193:4
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110:12,15,16
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299:23 303:22
310:25
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71:25 216:1
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143:4 179:3 183:12
187:24 189:21
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280:11 326:12,21
326:23 340:9
head 18:13
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95:20 96:2,4
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346:3
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144:16
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318:16,17,18
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74:11 76:16 90:11
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190:12 245:8,9
282:6,7 311:8
helena 3:6
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117:25 118:6
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227:4 237:15
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346:15
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40:18,19 41:6,9
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267:24 303:8,14
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327:4
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137:25 138:1
202:23 206:25
207:24 208:15,17
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206:6,10
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241:12 316:18
347:19
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243:25 300:7,20,22
301:1 303:3 306:2
347:20
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246:8 288:12 327:4
327:9
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327:11
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121:16,25
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239:15 348:5
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74:15 140:19
305:21
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108:11 109:2,5,20
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116:20,23 120:10
120:25 121:7
128:10 310:14
315:25 316:1,19,25
317:22,25 318:6,12
319:6 320:2 349:21
housing 114:2
houston 25:20 39:23
40:9,11,11 41:19
50:7,8 51:19 54:23
59:20,22 61:17
63:17,17,18 65:19
74:14 75:4 76:18
77:2 82:9,12 130:19
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114:15,20,21 349:4
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262:15 283:1
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hunting 105:14 107:2
107:13,15 167:18
167:22,24 168:22
324:23 325:3,8
342:23
hunts 107:4
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63:4
hut 226:6 270:4,23
271:3,10
I
id 38:17 51:2 68:19
82:7 144:6 165:25
180:19 185:5,11
205:16 207:13
209:19 250:5 303:7
304:24 317:8
320:25 338:3
350:13
idea 18:3 28:2 107:11
110:25 159:19
160:6 195:11
244:12 293:1
297:21 319:15
320:20 330:1,10
identification 144:9
150:15 164:14
166:3 167:9 173:20
177:20 184:7

368
Donald Bernard
207:16 209:1 211:1
142:19,20 144:1,24
213:7 214:2 225:10
145:9 146:15
230:11 231:10
148:22,24 149:11
232:13 233:12
150:2,6 151:19,23
239:13 250:18
156:6 159:6 161:21
251:17 252:4 255:6
162:23 163:24
255:21 256:21
166:25 170:20,25
259:21 266:6 268:8
171:17 173:6,24
273:18 274:7
178:8 179:17
278:25 285:9
180:18 181:17
287:11 291:7 339:4
182:25 184:23
343:11 349:6
185:12,14 194:15
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194:24,25 195:14
229:5 307:3
197:8 201:6,6
identify 14:14 228:16
202:12 204:13,15
273:3,4 283:22
205:20 206:15
293:19 306:20
209:20,23 213:8
307:5
217:19 218:22
ill 18:9,12 19:6
220:17 221:19
120:18 126:24
222:24 223:14
164:11 167:3,3
224:7,7,7,9,25
170:18 173:17
226:16 227:2,5,7,12
177:17 184:2
228:9,14 229:9,10
200:12 205:17
231:6 236:8,25
210:23 213:24
239:10 242:5,12
230:8 231:7 232:10
243:3 250:4,19
233:4 242:5 250:15
251:18 252:20
252:1 255:3,17
253:4,18,19 255:22
259:9 268:5 273:15
256:22 258:12,21
274:4 290:15 291:4
258:24 261:7
319:11 348:1,4
263:13 264:23
im 14:15,17 15:9 21:8
265:13,16 266:21
21:9 24:1,9 26:18
267:16 270:24
26:19 27:8,11,13
272:23 286:15
30:20 34:22 39:19
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59:1 62:14 63:1
290:16,17 292:19
64:8,8 66:22 76:4
303:5 317:24
80:11 88:16 89:17
320:10 324:22
92:5 93:24,24 97:4
325:18,23 328:2,9
97:6,6,12 98:7,19
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98:19 104:4 111:25
337:16 338:14
119:17 120:18,22
340:1 342:17
124:20 127:12
346:15,18 347:14
128:19 129:21
347:17 348:2,5,12
132:8 133:23
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139:16,20 141:21
258:15
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347:17
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112:11,12,13,14
273:2 274:17,21
323:3,17,20 324:3
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253:20 254:3
inconveniences
347:25
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160:15 163:13
197:3
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180:7
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197:4
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162:21,24 167:1
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166:14 249:18
296:10 346:24
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148:2 155:6 157:11
158:10 165:10
196:10,11 254:15
290:19 291:1
296:14 310:3
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54:16 71:9 161:2,8
170:10 181:18
186:17 220:18
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170:13 335:18
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ink 351:7
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125:23 126:1 227:2
229:15
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254:25
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104:24 252:16,17
253:16 258:4
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336:10
instrument 53:10,12
53:20 184:20
336:25
instruments 232:3
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204:6
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interest 1:13 56:22
69:15 77:16 80:9
87:19 88:11,18,22
91:8 99:9 151:22
156:21 222:6
229:12 281:21
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51:23 52:8 61:10
78:6,16,22 79:2,19
80:7 253:23 254:5
internationally 57:7
interstate 21:20,21
214:14

369
Donald Bernard
invalid 348:9
inventory 298:10
311:7,9,10 312:15
312:16 313:2,14
314:1,9,13,23
invest 27:25 28:20
66:15,16 145:3,5,7
145:12,16,25 146:4
146:9,11 148:19
invested 29:3,12,20
30:6,10 144:25
146:8 150:17
investigation 303:18
307:1 309:21
investment 29:15
154:13,17
investments 142:3
invited 81:3 82:1,4
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259:6 270:6
invoices 328:23,25
345:17
involve 203:8
involved 28:11 32:20
49:15 66:12,22 67:4
70:24 71:19 73:18
81:25 93:10,17,23
94:19,23 96:19
97:19 98:6,15,17,21
112:19 153:11,13
160:23 161:1,14,17
162:10,13,19,20
168:6 170:12,13,15
191:12,23 195:9
203:9,11,16 206:8
248:24 347:10
iowa 61:15 62:4,5
irrelevant 328:16
irs 275:1 280:13,16
islands 24:7 25:16
84:17 95:21 96:3
159:12
isnt 207:21 261:24
280:1
issue 77:17 91:14
197:5 211:16,21
213:15 229:6
266:16
issued 34:12 90:16
191:21 212:1
issues 19:8 29:5
346:4
issuing 6:18
itd 44:4 159:21
253:16 263:11
342:3
items 293:2 322:15
322:16
itss 339:17
ive 55:17 60:16 65:2
106:3 122:13
123:21 152:22
173:2 180:4 202:8
228:16 229:8
233:21 259:7 260:7
262:23 264:7
265:23 326:13
331:22 338:5,19
343:15
342:20 343:4,6
journal 139:24
juan 101:4 132:14
judge 48:14,16,17,17
judges 48:8,15
judicial 1:2 14:4
judy 174:18 175:23
july 10:16 148:18
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115:9 131:3,19
134:19 136:19
171:3 173:12
204:15 208:20
209:2 257:2,15
261:20,20 348:22
junior 39:12
jury 46:20
justice 48:12
K
ke 190:12
keep 192:9 272:5
301:24 302:18
319:5 337:21
J
keeping 312:24
jacinto 40:15,17
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jack 56:11
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jake 188:5
220:1
january 279:8 284:23 key 299:15,18
337:10
keys 297:8 299:19,20
jd 41:25 43:14
kids 348:18,20
jefferson 1:3,9 14:4
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201:13,19 289:2
kind 32:11,12 44:12
320:3
46:1 47:18 49:14
jesus 60:13
52:7 55:22 73:16
jet 55:25
81:19 105:18 111:7
job 26:17 215:8
163:19 217:7 305:4
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316:10 331:4,6
john 69:24 70:7 71:5 kinds 55:24 167:23
join 15:14
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58:2 73:17 81:6
jointly 90:6
82:6 83:7,17,20
joke 286:6
85:18,21,22 87:17
jordan 51:4,6,8
89:7,13,21,25 90:2
joseph 12:24 342:19
90:15 91:15 95:5,25
102:8,22 103:6
105:8,11 106:2
107:20 109:8,10
110:22 114:19
115:18 116:2,24,25
118:7 122:13 123:6
123:9,18,19,21,22
123:25 124:8
126:22 129:5 134:6
134:8,9 135:19
136:13,17,20,24
137:19 138:22
139:5 140:12 142:4
143:10,11,24 144:4
149:17,24 150:22
152:3 153:7 154:24
155:2,7,7,25 156:2
156:6,7,8,15 157:12
158:1,7,13,14,16,19
158:21,23 159:3,9
159:13,14,16,17
160:11,12 162:6
165:22 166:11
168:14,20 169:20
169:23 170:11
172:8 173:21 177:2
177:13,23 178:21
178:22 179:7,10,11
180:4,12 181:18
183:1,22 185:2
186:11 191:6,14,22
194:16 195:10,15
196:2,17 197:16
198:17 199:11,14
199:17 202:17,19
204:5,13 205:20
210:12 215:5,16,22
216:13 217:10,25
218:11 224:1,2,10
224:12,16,19 225:4
225:12,18,19,20
226:1,4,18,19 227:6
227:7,22 228:1,4,5
228:7 229:4,7
230:14 233:24,25
234:7,10,24 235:11

370
Donald Bernard
235:13,17 236:2,9
236:13,18,20 238:4
238:14 241:1,6
243:14 244:5,6
248:21 249:10
253:7,13 254:2,6,7
254:7,19,25 256:2
257:11 258:15
259:3,5,10 260:9,11
261:13 262:8,23
263:14,16,17,22
264:8,9,14,18 267:5
270:18 271:20
272:19 275:18
276:13,13,14,24
277:3,9 279:19,21
279:22 280:2,18
281:2 283:10
287:21,25 288:5,14
288:25 289:8,21,25
290:11 293:16,22
293:23,24 294:5,9
295:23 296:25
297:19 299:16
300:4,24 302:21
304:9,11 306:16,18
308:1,3,15 309:7,22
310:4,24 312:1,2
313:13,14,19 314:4
314:5,7 315:5
318:10 319:20
320:8 321:10,12,21
321:24 322:1,8,9,10
322:12,20 324:8
325:17,22 326:13
326:23 328:24
329:1,25 330:5
331:19 340:16
342:10 343:6,14,16
343:18,21 346:1,2,4
346:6,10,15 347:9
350:1,3
knowledge 116:19
162:3 165:15,17
166:14 170:22
179:9 186:22
204:14 217:8 220:5

226:8 229:11
230:13 231:2,3
233:14,22 235:12
235:18 236:7 241:7
247:1 248:13 283:9
known 16:2 82:7
235:14 238:7
knows 89:24 90:1
135:18 218:2,4
332:9,12,13,14
kobe 311:19
koeck 1:8 3:9 6:12,16
7:8,21 9:21 10:5,9
11:5,7,11,13 13:6
14:19 88:2,19 99:8
99:13 104:8,15
105:21 136:14
141:17 147:7
148:11,13 151:18
152:14 153:24
154:6,7 156:15,20
156:24 160:8,19,22
161:13 162:15
166:5,15,24 171:7
171:13 172:22,24
174:8 175:11 177:7
178:11 182:16,24
183:9 186:14,20
187:8,12 190:6,8,12
191:4 195:18
196:15,23 197:10
199:7 200:4,9,16,24
201:1 202:2,14,24
211:14 212:16
213:9,22 220:16
228:13 230:25
231:22 232:17
235:9,20 241:6
244:9 245:5,12
247:3,6 253:3 257:4
257:9 267:21
270:10 271:16,22
282:3,5,9,11 283:13
284:5 292:23 293:9
343:24
koecks 230:13 272:2

korea 35:24
L
la 339:21 340:3,4,4
land 57:7,9 215:25
241:16 272:20
337:23 338:3,6
landline 118:10
language 119:3,11
languages 64:2
laptop 288:3,4
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193:1
larger 57:1
las 136:3 138:4
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late 80:13,14 284:23
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64:18
laude 44:16,16
law 3:10 42:8,11,14
42:19,22 43:4,6
45:6,13 46:9 48:19
51:23 105:9 187:13
188:1
lawful 15:3
laws 159:10,12
lawsuit 226:22 227:5
227:10,23 265:5,8
266:25 283:20
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117:20 341:17
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341:24
lead 60:14
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learned 53:18 54:1
119:14
lease 55:6 295:1,13
295:15 297:6
leased 55:8,10
leave 134:18 135:15
219:25 301:3
316:25 317:7,21,23
317:24 318:15
319:16
ledgers 344:2,10,11
leer 56:2
left 115:15 134:16,22
134:24,25 137:3
141:15 188:21
201:17 238:25
275:14 300:12,15
300:22 301:5 303:2
316:3,20 318:8,11
lefthand 180:21,22
181:4
leftover 284:20
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303:16 346:25
legally 260:11
letter 6:15 12:17
198:25 199:1 206:8
209:16 213:9,11
216:23 267:7 303:5
347:18
leumi 255:13
level 73:18 333:25
334:1
liar 326:6
license 53:4,12 54:12
55:12 57:6,10
167:21 333:22
335:5,17 336:7,7
licensed 45:5,11,13
45:16 142:18
187:13
licensing 336:5
lien 1:14
liens 238:25
lieutenant 39:12,14
39:14
liked 114:20
likes 284:7
limited 147:21 232:4
254:5
line 335:1
list 143:22
listed 143:16 147:5
147:14 170:8

371
Donald Bernard
171:25 172:4,21
180:25 182:10
listing 6:22
lists 147:18 178:3
liti 274:9
litigation 226:15
228:6 229:6 259:23
265:14 266:16
268:11 274:9 347:8
347:10 348:23
little 18:7 140:22
270:24,25 316:7
live 22:1 40:8 61:5
84:16 108:7,24
110:8 113:14
311:20,22
lived 114:20 116:20
lives 40:9,9,10,11,12
110:10 172:7 312:1
living 63:17 113:15
113:25 114:1,13,18
116:21
livingston 113:16,20
llc 9:17 10:22 27:1
92:8 333:10,13
llcs 97:22,24
llm 41:25 43:12,21
44:1,5 48:24
loan 88:23,25 89:2
154:17,18 155:23
157:18,21
loans 155:16
locals 105:25
located 21:16 25:15
73:4 75:3 77:1
78:11 103:21 108:3
130:9 136:2 158:3
171:11 233:7
lodge 108:12
logical 96:12
london 133:7 134:12
long 23:15 35:8,20
36:25 38:17 45:16
49:24 65:6 66:1
68:6 110:24,25
111:17 115:8,17,18
115:24 130:11
166:1 254:17 318:5
326:22
longer 38:12 126:20
155:11
look 20:9,23 131:24
142:24 146:17
164:1 170:18,19
180:19 200:11,12
200:12 206:18
209:19 213:3
215:25 217:13
218:6 222:23 223:1
228:15,17 242:5
246:21 248:17
249:23 250:5
267:17 268:16,22
291:2 292:20
295:11 298:1
looked 132:1 179:3
236:23 277:4
298:22 300:23
looking 70:15 162:22
162:23 166:12,25
171:1 174:1 178:6,8
182:25 197:8
204:11,15 206:15
206:23 209:22
222:24 242:6 273:4
276:18 277:24
looks 148:10 173:2
265:25 283:25
284:15 348:10,12
lori 14:11
losing 139:7
loss 10:15 222:22
273:20 282:25
345:15
lot 34:18 51:9,24
52:20,23 69:21
114:20 139:13
146:3 225:1 226:4
226:13,23 228:2,20
228:22,24 229:1,5
252:12 273:21
274:3,10,13 278:14
278:17,19 286:12
304:20 308:19
322:6 324:18
lots 6:22 223:8,10,10
223:11,25 224:8,12
224:16,23 225:15
225:16,23 227:22
228:5 244:21
247:10 248:14,15
248:16,18,20 249:1
249:2,4,11,16 260:1
260:6,22,24 264:2
264:19,25 265:3
266:8,13,15,17,20
266:22 268:3,10
271:18 278:20
282:1 286:4 293:13
293:16,18,19,21
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luciano 117:21,23
118:9 119:18 120:3
138:8 286:7 341:18
lucians 35:5
luis 11:10 286:1
lunch 140:23
luxan 3:4
M
machine 73:9 300:10
301:4
machines 73:11
machining 73:7
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340:17
mail 297:8,9
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mailing 21:4
main 25:1,23 26:20
26:21 72:24 73:1
345:12
maintained 103:10
105:9
maintains 73:12
189:1,5,7
maintenance 23:11
major 24:13,14 98:1

making 150:6,7
malaysia 35:25
man 82:4 346:24
managed 103:16
104:5,13
manager 26:12
105:23
mandamus 144:16
manila 68:16,23,25
82:10,16
manner 292:16
maple 143:18 147:25
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206:19,24 207:6,6,9
207:17 237:8
261:22 269:10,14
276:3 337:12
marcie 294:5,9 296:4
296:24 297:12,14
297:17 299:5 302:3
302:7
marilyn 110:7,11
marine 70:4
marios 284:21
mark 142:21 144:6
146:16 164:11
165:25 177:17
182:13 184:2
205:16 210:23
213:24 223:15
225:7 230:8 231:7
252:1 255:3,17
256:18 259:9 266:3
268:5 273:15 274:4
278:22 306:16
307:7,12 308:5
321:8 330:25 343:8
marked 144:9 150:12
150:15 163:3
164:14 166:3 167:4
167:9 173:17,20
177:20 178:11
184:7 207:16 209:1
211:1 213:2,7 214:2
217:15 225:10

372
Donald Bernard
230:11 231:10
232:11,13 233:10
233:12 239:11,13
250:15,18 251:14
251:17 252:4 255:6
255:21 256:21
259:11,20 266:6
268:8 273:18 274:7
278:25 285:6,9
287:7,9,11 291:4,7
339:3 343:11 349:6
market 66:15,17
249:8,9 270:22
marketing 94:4,5,6
333:11,12
marriage 59:16
63:23,25
married 59:11,12
61:11 63:9,14,20
martino 141:22,25
mary 22:15
massachusetts 25:22
material 351:6
matter 152:8 268:2
matters 47:22,24
240:5
mcmullen 14:11
mean 17:4 22:17 29:2
34:21 52:12,14
54:16 64:12 73:8,17
78:15 90:8 98:17,25
99:19 102:5 107:3
110:16 111:22
117:11 119:21
139:6 146:12
153:13 161:9,17
163:25 165:6
168:20 176:19
182:23 189:3
191:10,14,15,22
193:24 194:10
197:2 207:8 220:25
248:23 252:7
265:19 269:17
272:10 275:18
294:1 304:6 324:15
326:16 333:18
meaning 346:11
means 32:25 49:19
52:16 85:21 90:9
151:6 333:17
meant 36:6 282:24
mechanic 17:17
mechanism 241:23
medical 335:8
medicals 334:20
medication 58:13
304:22,23 305:4
medicine 58:18
304:24
meet 52:11,13,23
59:3 61:16 108:19
108:21,25 110:1
111:2 194:2 206:12
297:12,14,16
304:17 305:12
315:21 331:21
meeting 5:20 7:14
11:17,22 12:9,14
20:21 110:13,14
133:4 190:7,9,11,15
198:11 206:20
220:18 232:19,20
232:22,25 233:2
234:17,18 241:25
242:6 244:24 245:4
245:15 246:22
247:18 282:6,10
307:23
meetings 68:9 74:11
74:22 76:16 174:15
190:2,4,5,8 191:24
192:5 193:22
320:16
member 73:23,25
75:13 77:6,7 79:3
79:11 80:20 81:1,18
83:5,8 161:25 162:5
162:6,9 187:8
201:22 283:3
members 68:2 74:2
75:14 80:23 82:24
160:20 161:8,9
162:2 187:11
190:25 191:2,11
194:8,10
memberships 76:5
memo 9:22
memory 170:21,21
247:1 346:6
mendenhall 2:5 14:9
mental 331:4,6 346:3
mentioned 66:11
92:7 315:16 351:10
mentioning 282:20
mercedes 348:7
merged 85:4
merios 284:21,21
message 265:19
300:12,15 301:5
met 52:20 59:4 60:23
61:17,19 63:13
71:14 81:7 82:11,12
106:3 109:1,4 110:2
114:10 115:13
168:9 297:13
304:18 305:15
308:8,18 319:24
320:5,6,9 321:5,8
342:23
metal 73:10,11,14,16
metro 81:14,15
mexico 57:5 63:21
64:22 65:5,11,13,23
66:8
meyer 3:10,10 12:19
14:17,17 124:19
125:2,20,23 126:1
141:1 142:1 144:10
144:14 145:18
150:10,18 152:18
156:18 181:22
210:9 218:14,20
227:1,8,11,15
229:14,18 234:8
264:23 266:11
276:5 291:20 292:5
292:8 296:7 350:9
michigan 41:14
mid55 35:9
middle 51:1 250:21
midwest 25:17
mike 110:7
military 32:15 33:12
36:19,23 37:1 39:2
168:12,15,18,20
million 89:11 100:5
100:25 102:13
103:2 322:10,13
324:10
mine 26:7,9 59:5
167:2 328:3
minesweeper 34:25
35:1
mini 294:10,11
mining 26:6 28:5
29:21 30:11 92:7,22
112:4
minor 228:22 278:19
minute 20:21 51:2
142:23 146:17
186:7 206:22
209:18 231:13
minutes 5:9,19 7:13
11:15,21 12:13
19:23 159:4,5 161:2
161:3 173:25 174:5
174:15 179:2,3
186:7,10,18 189:5
191:24 192:6,23
193:21 194:2
197:22 203:5,22
204:10,12,15
206:13 208:19
209:12 232:18
240:2 242:5,6,9
244:19,22 245:25
246:21 287:18
288:5 289:20
291:17,25 322:24
323:13 344:2,6
miscellaneous 112:17
mission 168:4
missoula 294:15

373
Donald Bernard
297:10,11 298:12
302:14 303:20
304:2 311:1 312:6,7
312:8,12 314:10
mmhmm 18:13 21:1
23:6,9 24:22 25:13
26:13 27:5,7 29:25
34:20 36:1,5,8,10
37:8 38:11,14,19,21
39:13 44:15,19
46:16 47:21,23
50:20 51:7,10,14
52:22,25 56:3,12
57:17 58:5 64:11
65:12,15 66:5 67:11
71:8,11,13,20 72:10
72:22 78:10 92:21
93:14 95:2,14
104:23 113:1,3,6
118:11 119:19
128:1 138:5 139:7
139:14 193:15
213:10 222:11
242:15 258:9 275:9
294:3 310:12
319:13 325:10
332:4 335:13 349:9
349:13
mmm 74:5 106:18
107:20 248:19
329:25
model 87:4
mole 24:16 84:11,14
84:15 87:20 91:23
96:15 153:4 159:16
moment 178:18
242:5
mon 288:1
monday 284:22
285:11 299:25
300:2,18 301:6
money 10:7 30:7,10
88:6,9 101:17
128:20,21 138:16
139:22 146:3,6,9,11
152:2 156:2,10
157:2 173:22
176:25 177:4,8
186:16,23 188:21
199:15 220:1 222:3
222:21 238:25
247:8,15,23 248:6
248:10 249:5,16
251:4 252:5,8,18,21
252:24 253:2,11
254:10 261:5,18
263:14 264:19,22
264:25 266:19,22
266:23 268:19
269:18,21 275:17
275:19,23 276:9,14
276:15,22 277:8
279:3,7,10,11,17,20
285:11 322:6 324:7
324:9,13,18 329:18
340:8,9,12 342:5,8
342:11,13
monica 3:4 12:19
14:15
montana 1:2,9,10 2:6
2:8 3:5,6,12 6:20
14:3,9 21:5,12
23:23 29:9 64:10
94:14 101:22
108:22 112:23
113:8 115:16
134:14 135:2,5,5,13
160:3 172:5 187:14
233:7 247:5 252:23
253:3 281:16
287:24 288:2 307:1
320:4 332:2 333:13
338:17 351:22
352:2,24
montgomery 352:5
month 32:10 37:15
125:16 318:6 339:9
339:11 340:19
monthly 217:7
272:16
months 113:5 131:4
221:3 237:11,13,15
238:17 261:19
308:2 318:7,8
320:12,13 334:8,9
337:13 348:12
monticello 143:14
mood 348:6
morning 299:25
300:2,19
mortgage 80:9
motherfucker 347:24
348:10
motion 281:13 282:2
motions 260:4
mountain 5:8,12 8:11
8:19 9:6,13 101:20
171:1,8 175:9
177:24 180:2
188:11,25 216:18
249:24 250:20
251:6 253:8,9,20
255:7,23 257:25
258:7 265:22
339:15 340:12,23
move 63:17 113:7,10
114:6 116:11
132:10,20 139:22
moved 325:6
msn 121:17,19,21
msu 61:9
murfitt 3:4
music 59:24
mutually 205:6,13
N
nagel 2:9 14:10 352:4
352:23
name 10:21,23 15:20
15:23 16:3 17:6
21:10 22:6,7 25:19
40:14,16 55:2 61:12
67:17 69:23 78:6
82:4 90:10,13,19,22
91:1,17 92:10 99:21
101:9 117:22,23
128:15 130:20
147:6,12,19 148:9
148:22 154:25
158:1,2 169:18
172:21 174:19
175:25 184:21
185:1 186:12
204:21 211:13,19
211:24 213:17
215:6 284:7,8
292:17 295:22
296:20 302:22
305:5 306:25
311:18 332:16
333:7 339:23,24
351:21
named 17:18,20
169:24 172:14,20
259:22 260:18
299:8 352:12
names 24:14 110:6
148:10 182:10
184:17,20 224:14
333:5
narcotics 305:10
306:4,10 330:25
narrowing 240:23
national 75:5
naval 33:17
navy 32:16,21,23
33:4,10 34:3 35:17
42:18,21,25 54:2,19
71:10 112:16
ne 235:15
near 21:22 135:11
need 35:19 38:10
106:9 117:3 141:25
175:7 269:4,7
333:18
needed 155:11 175:1
175:2 176:1,24
309:22
needs 106:11 342:4
negotiate 206:10
233:5,13 291:10,16
291:16
negotiated 157:23
281:17

374
Donald Bernard
negotiating 7:17
154:22
negotiations 206:7
neither 32:19 235:15
net 217:1
nevada 115:10,14,15
134:24,25
never 77:20 83:18
94:7 97:2 116:20
153:21 154:10
156:17 165:16
180:4 187:11,18,21
187:22 191:6 201:9
202:8 216:21
217:16 226:2 247:6
259:7 261:14
264:13 265:13
271:14,18 274:11
279:13 282:20
283:17,20 284:7
286:6 331:5 332:5
338:6 342:9 344:8
new 27:4 38:25 59:20
60:2 86:25 105:5
122:13 155:14
nicknames 15:25
16:1
nissan 286:3
nobodys 19:5 218:5
nod 18:12
nodded 19:1
nominated 166:8,14
nonprofit 69:5
noon 140:23 302:10
normal 95:3
normally 74:17
120:14 194:3
252:14
north 21:19 56:2
148:6 214:14
nos 259:20 339:2
notarial 352:19
notary 2:9 347:19,21
348:5,15 351:22
352:4,23
notes 140:1 192:3,4,8
192:9,15,18
notice 14:13 19:11,15
198:11 244:15
246:18 267:1 283:9
notification 238:21
notified 234:22,25
235:25 236:3
notify 235:6,9
november 303:6
number 46:23 58:3
84:23,24 87:17
118:16,17,24
122:19,21 167:4,5
171:14,16,17,19,22
172:1,19 177:18
180:25 184:3 248:3
248:4,9 250:1
259:12 273:16
298:22 300:6,7,22
numbers 110:21
144:15 228:2 229:1
numerous 86:14
nuts 286:2
O
oath 15:5 18:18
ob 124:19
object 156:18 181:22
264:23
objection 124:19
125:2,20 145:18
150:18 152:18
210:9 227:1,11
229:14,18 234:8
266:11 276:5
291:20 292:5,8
296:7
obligations 267:3
282:23
obtain 215:12
obtained 160:2,4,17
163:18
obviously 249:3
286:2
occasion 132:2 319:2
327:5 329:6,13
occasionally 58:10
341:12 344:5
occasions 127:19
349:12
320:5,7,9 328:20
oil 78:8,9 80:7
oclock 140:24
okay 15:15 16:5,8,23
october 232:19,21
17:7,11,20,22,24
337:10
18:4,7,20 19:2,10
odessa 143:14 148:6
19:15 20:2,5,7,8,18
offer 199:2,3
20:20,23 21:2,3,15
offers 225:12
21:22,24 22:1,4
offhand 126:22 128:3
23:18,22,25 24:19
155:7 170:19
26:11,16,21,25
173:23 174:19
27:12,18,21,23
255:10
28:10,16,20 29:1,15
office 25:12 49:5,14
29:18 30:8,10,13
52:24 118:2 126:9
31:2,12,17,20,25
241:11,12 288:13
32:3,6,9,11,14
302:1 347:21
33:13,16,20 34:11
officer 27:9,10,14
34:14,16 35:8,10,14
32:22 33:4,11,14
35:16,18,20 36:13
34:8,23 36:4,7,12
36:18,25 37:4,21,23
67:3 98:19 174:21
37:25 38:3,5,24
176:21 241:17,18
39:1,4,6,16,18,21
241:19,21,24 242:3
39:24 40:20,22 41:3
260:18,23 282:24
41:11,13,15,20 42:4
302:23
42:12,15,19,21,24
officers 34:6 150:21
43:2,6,11,14,20,23
172:14,20 195:16
44:5,11,21 45:5,10
204:17
46:7,24 48:12,18,23
offices 2:4 14:8 25:15
48:23 49:2,6,9,13
74:12 204:21
49:19 50:1,5,10,24
official 265:23
51:18,20,25 52:5
294:10
53:8,10 54:14,24
oh 20:16 22:19 26:7
55:2,5 56:17,20,22
26:23 27:21 35:22
57:12 58:7 59:10,13
40:22 48:2 55:17
59:19 60:21,25 61:9
56:10 58:17 81:15
61:11,14,21,24 62:2
85:25 94:24 115:9
62:5,8,14,21,24
125:6 127:8 164:4
63:1,10,13,20 64:7
167:2 171:17
66:8,11,16,17,21
193:10 200:20
67:2,20,25 68:4,6,8
207:8 247:3 248:12
68:15,17,23,25
250:24 253:24
69:13 70:8,18,21
269:6 305:21
71:4,25 72:13,16,20
309:16 312:10
73:6,20 74:4,7,11
318:10 320:11
74:14,16,20,24 75:3
322:19 336:4
75:7,11,20 76:16,20

375
Donald Bernard
76:22 77:5,10,16,19
77:21,24 78:2,4,22
79:13,18 80:6,11,14
80:19,21 81:9,24
82:11,13,21,24
83:11,14 84:4,7,10
84:12,18 85:2 86:1
86:3,5,11,17,19,24
87:1,3,20 88:6,16
88:18 89:5,16,19
90:3,6,21,24 91:3,6
91:16 92:1,3,17,20
93:1,8,21 94:22
95:7,11,17,19,19
96:4,16,18,24 97:15
97:18 98:3 99:7,9
99:25 100:10,17
101:7,11,17 102:1
102:12,18,21,24
103:4,7,19,23,25
104:9,14,20,25
105:6,12,15,22
106:4,8,22 107:2,6
107:23 108:1,7,13
108:19,25 109:10
109:20 110:1,6,12
110:21 111:9,12,20
112:3,5,9,11,14,23
113:13,17,22,24
114:6,10,13,16,22
115:1,3,17 116:3,6
116:11,18,25 117:8
117:14,17,20 118:1
118:13,15 119:3,6
119:10,15,24 120:7
120:21,25 121:2,12
121:15,22 122:1,3,7
122:19 123:2,8,11
123:13,17,19 124:1
124:15,17 125:9,12
125:14,17 126:3,8
126:12,13,23 127:2
127:4,9,15,18 128:8
129:11,19 130:2,11
131:15,18 132:9,15
132:17,23 133:1,12
133:14,20 134:7,12
134:20,24 135:4,15
135:23 136:12,14
136:17,19 137:8,11
137:15,18,20,23
138:1,7,9,21,25
139:10,21 140:14
140:18,21 141:3,15
141:24 142:11,17
142:20,25 143:12
143:15,20 144:3,6
144:14,24 145:16
146:4,15 147:2,5,9
147:14,18,23 148:2
148:8,16,19 149:5
150:2,23 151:1,4,19
152:5,15 153:2,17
154:2,7,18 155:8,12
155:23 156:10,13
156:15 157:5,11,13
157:21 158:3,5,25
159:7,10,22 160:1,9
160:15,18,20 161:6
161:7,14,18,25
162:8,13,18,22
163:4,8,10,12,16,19
164:5,6,10,24
165:11,13,18,24
166:4,8,17 167:3,7
167:25 168:4,17,24
169:3,13 170:1,1,8
170:15,20,24 171:2
171:11,24 172:10
172:25 173:4,8,11
173:16,24,24 174:7
174:14,23,25 175:9
175:20,23 176:1,10
176:18,23 177:4,8,8
177:13,16,24
178:16 179:12,15
179:18 180:6,13,18
180:20,25 181:3,8
181:11,16,19
182:18 183:2,14,23
184:1,5 185:3,10,17
185:23 186:1,15
188:2 189:1,7,10,19
189:23 190:1,20,23
191:8,19 192:1,5,14
192:17,20,22 193:1
193:5,7,12,19 194:1
194:4,8,18 195:7,19
195:22 196:3 197:6
197:10,18,19 198:7
198:23 199:8,11,14
199:19 200:5,8,20
200:21 201:4,8,21
202:5,17 203:3,8,19
204:5 205:3,8,15
206:1,22 207:19,25
208:4,19 209:4,14
209:23 210:3,8,15
210:19,22 211:4,12
211:18 212:14,17
213:8,23 214:3,7,10
214:15 215:3,8,17
215:23 216:5,17,22
217:3,6,9,13,18
218:9,13 219:3,4,9
219:11,16,25,25
220:8 221:2,9,20,23
222:2,16,19,19
223:7,14,16,20,23
223:25 224:3,10,12
224:21,23 225:6,21
226:4,12 227:22
228:9,17 229:3,25
230:7,16,19 231:5
232:10,18,22 233:9
233:16 234:1,6,13
234:22 235:6,19,22
235:24 236:10,19
236:22,25 237:3,11
238:13,16 239:3,9
240:15,22 241:2,10
241:15,21 242:2,12
242:22 243:3,15,18
243:21,25 245:17
246:9 247:12,17,20
248:1,3,7,12,25
249:5,7,14,19,21,23
250:4,11,14,19
251:1,4,8,13,18,22
251:25 252:11,18
253:15,17,22 255:2
255:11,14,17,22
256:2,17 257:13
258:6,17,21 259:3,5
259:17,25 261:1
262:7,11,12,14,17
262:20,25 263:4,7
263:12,19,23
264:15 265:10,16
266:2,19,24 267:16
268:5,15,22 269:4
269:15,25 270:17
270:24 271:7,11,20
271:23 272:1,23,24
273:10,14 274:4,12
274:25 275:4,6,6,21
276:1,17,25 277:4
277:12,23 278:4,7
278:14,21 279:12
279:24 280:3,7,12
280:15,20,24 281:1
281:9,12 283:8,14
283:22,25 284:11
284:16,25 285:3,17
286:14,19,25 287:2
287:5,17,17 288:5,8
288:16 289:19,25
290:9,14,21,22
291:14 292:14,19
293:4,24 294:5,23
296:4,6,13,19 297:2
297:10,16,23 298:6
298:19 299:1,3
300:10,14 301:11
302:6,18 303:5,14
303:19 305:6,12
306:9 307:12,25
309:4 311:16,24
312:3,5,14 313:10
313:15,22 314:3,13
314:16,25 315:21
316:17 317:4,17,21
318:5,8,23,24 319:4
319:11,24 320:15

376
Donald Bernard
320:18,23 321:19
322:14 324:13
326:5 327:6,22
328:4,22 329:2,22
330:11,19,21 331:3
331:8,17,21 332:7
332:25 333:4,12
334:2,15,21 335:2
335:10,15,22,23,24
336:4,8,11,14,16,18
336:19,23 337:3,5,8
337:23 338:7,15
339:7,11,14,16,20
339:25 340:8,10
341:1,4,11,16 342:5
342:17,21 343:5,16
343:20,23 344:7,10
345:1,7,14,21
346:14 347:14
350:14
oklahoma 60:13
old 21:24 70:1 93:25
172:9 313:20
oldmixon 130:17,21
once 16:19 34:7,23
37:15 190:3 216:2
302:7 308:10
ones 25:23 59:20,20
94:1,3 95:10 121:12
160:23 165:22
183:19 211:4 262:8
333:7
oneyear 133:8
ongoing 336:3
online 123:12 315:9
open 170:1 173:22
175:8,10,20 176:2
176:20,24 180:14
180:15 186:16
299:17 314:22
opened 170:11,25
171:2,6 175:25
177:1,8,22 180:11
180:12 181:19
182:1,3 186:15
opening 5:11 175:14
180:16 181:10
operate 96:6
operated 145:4
operating 142:16
144:22 164:7
operation 28:1 73:9
92:7 107:15 198:22
254:10
operations 26:14
93:2
operative 165:18
operator 14:10 55:4
opinion 194:23,24
286:16,17 292:12
opinions 140:8,9
opportunities 30:3
opportunity 64:10
264:4 350:7,10
opposite 204:21
oral 1:22 2:2 18:14
310:10 334:14
336:12 337:4 351:9
order 206:13 286:12
292:23 314:19
organization 73:10
organized 287:9
origin 28:8 44:8
original 20:3 53:15
167:12 184:11
284:3
originally 29:8 82:12
198:20
originating 8:20 9:7
9:14
orleans 38:25
outdoor 167:25
outgoing 9:4,11
255:8,24 261:7
276:9,21
outofpocket 69:7
outside 25:21 53:24
82:18 102:7 108:4,5
113:16,19 114:7
115:20,23 135:10
137:14 166:13
overseas 57:12 252:6
oversee 26:13 215:23

overstayed 136:24
owe 155:19,21
owes 197:11
owned 27:20 55:13
55:18 87:23 95:12
113:18,19 142:7
221:25 232:6
293:12
owner 49:22 98:24
98:24 99:19 100:20
153:9
owners 17:18 24:9,13
24:14 46:15 99:7
153:3
ownership 1:16
24:17 99:9 132:18
142:2 154:12
156:21 157:16
213:14 229:12
230:2
owning 56:22
owns 24:8 25:12 91:3
197:11,11 332:18
333:4,9
224:23,25 245:20
245:21 247:8
248:10 259:3 260:1
260:6,15,22 264:1,6
268:10,13 270:22
271:14 275:20
277:7 281:19
323:19 325:8,11,14
327:12,17 329:7
339:8 347:11 348:7
pain 304:24 305:4
pampa 339:22 340:3
340:4
panama 9:10
paper 282:1
papers 20:19 310:5
paragraph 172:12,13
parameter 76:11
pardon 22:9 47:4
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329:15
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P
84:4 92:8,11 98:24
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204:5 215:1 223:7
passengers 57:25

377
Donald Bernard
58:3,4 338:11,13
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99:22 100:3,8
102:12,15,25 107:5
107:8,9 123:8
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68:14,15,22 78:19
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316:2
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99:3,15 105:12
131:20 138:15
221:25
piece 348:4,9

378
Donald Bernard
pieces 73:11
pilot 17:15 53:14,19
56:25
pilots 53:4 54:12
333:22 335:5
338:17
piper 56:1
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120:22
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337:21
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76:8
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53:23 54:10 158:18

159:18
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141:11 198:3
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338:25
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335:4
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273:5
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71:12
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profit 4:17 6:4 10:15

379
Donald Bernard
67:7,8 79:24 80:3
83:12 151:10
163:21 217:1
271:17,19 273:20
345:14
profits 234:6,11
272:19
profitsharing 209:24
210:7 217:3,11,14
217:21 219:1,20
program 33:17 34:7
34:9 42:5 65:17,18
65:21 66:7
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59:24
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244:15
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198:24
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139:25
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164:18,22,23
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285:19
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167:10,12 174:14
175:14 176:18
198:14,16 233:2
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231:24
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292:1,13,21 342:21
344:6 347:15 350:7
350:11 351:5
reading 172:2 207:11
207:21,22
Q
reads 139:24
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23:23 81:20 82:13
334:4,22 346:16
99:25 198:16,21
quarter 37:17
232:5,6 233:6,14,17
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233:19 234:3
76:7 151:23 152:15
246:19 247:5
152:16,21 161:6,7
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91:14 117:6 184:18
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208:6 249:15
270:23 271:3,9,10
260:13 289:13,18
289:22
R
reasonable 140:24
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135:9 172:5,7
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72:8,15 75:15,21
ranch 99:6 105:13,14
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107:23
82:23 85:15 88:8
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89:1,8 99:21 100:2
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100:24 102:10,20
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109:2,7 114:12,19
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145:23 171:21
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152:11 165:6,10
184:13 188:25
196:11 203:22
215:20 265:21,22
267:1 277:2 297:7
321:1 324:5 328:24

380
Donald Bernard
157:10 164:20
168:13 169:17
170:13,17,19,23
173:23 177:12
179:14 180:8,9,16
183:8 186:6,25
187:2 190:10
199:13,16,18 200:7
200:10 202:15,15
202:22 204:7
214:23,25 221:15
236:24 243:11,23
245:20,22,24
252:24 255:10
256:1,6 261:15
263:18 297:18,22
302:22 305:11
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308:8,10,11,13
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318:1 319:2 321:7
321:16,18 322:16
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347:9
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251:2
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217:1 225:11
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154:12 156:20
157:15 225:3
247:23 249:22
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266:23 274:20
275:1 279:20 280:9
299:5
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338:22
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139:21
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132:20 204:2
recommendations
281:23
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198:2 239:19
277:17 338:23
record 15:19 141:4,6
141:12,13 144:10
144:13,13 163:5,9
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212:21,24 224:25
239:16,22,23
277:14,20,21
321:17 338:20
339:1,5 350:15,16
352:15
recorded 201:10,16
201:18 211:10
230:14,15
recorder 201:15
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321:15,16
records 95:5 122:12
130:2 149:11,15,22
156:9 179:15,17,21
179:23,25 180:1,5
189:2,3 201:13
219:18 220:19
221:1,6 224:18
272:7,9 321:25
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240:2
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303:10
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261:25
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203:21 204:12
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169:13
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131:12 189:19
245:21 328:18
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345:22
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167:24
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309:8
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17:1,2,2,4 66:3,6,10
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157:8,10,13
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149:2 151:18,21
154:5
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341:3
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216:8 235:1,3
241:12 302:17,19
303:23
reported 280:12,16

381
Donald Bernard
303:19 304:16
310:23 352:12
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21:6,9 167:6 184:4
251:14 259:14,16
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352:23
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14:18
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271:15
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149:24 150:6,7,9,11
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221:3 275:12
295:19
requesting 150:2
258:21
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292:23
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44:10 69:25 70:10
70:22 71:16 112:8
146:1
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38:4
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352:24
resigned 36:18
resolution 5:5 171:16

178:3,10 186:4,9
205:10 207:19
233:3 239:6 244:19
244:25 281:11,12
287:13,18
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166:17,18,25 205:9
207:10
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206:25 207:23
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346:22
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204:22
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return 10:12 236:10
273:2,6 274:17,21
293:1
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292:25 300:3
307:21
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221:10,12 238:23
240:5 272:22 344:4
344:7,8
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324:20
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274:1,10,13,22
275:1
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345:25
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344:8,14
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235:20 239:4
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30:13 34:2 40:1
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124:22 126:6,12
137:2 143:16
146:13 147:2
149:13 155:8 161:4
171:25 176:20
178:1,5 190:14
192:7 193:21 194:3
195:20 200:18
207:13 208:3,7,21
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259:8 262:1,18
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301:20 302:11,24
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348:8
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172:7
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7:10 8:8,14,23 14:5
14:22 132:7 147:10
148:11 182:17,24
183:9 191:5 202:4
205:6 206:9 209:20
210:4,4 221:8
228:12 231:25
240:3 244:17
260:25 269:1
280:22,22 292:16
351:25
rocky 5:8,12 8:11,19
9:6,13 101:20 171:1
171:8 175:9 177:24
180:2 188:11,25
216:18 249:23
250:20 251:5 253:8
253:9,20 255:7,23
257:25 258:7
265:22 339:15
340:12,23
role 67:15 73:22
75:11 79:1 80:19
81:17 84:7 187:3
240:15,18 242:3
254:12
roles 37:14 240:23
roof 23:8
rosa 108:4,4,5 117:25
340:5 341:22
rotc 33:17,18 34:5
rough 256:10
roughly 85:11
rudd 130:6,8,8,8
rules 2:8 18:8
rulings 265:15
running 348:8
runs 26:11 105:20
S
safar 330:14
safari 330:12,14,17
safety 53:25

382
Donald Bernard
sailer 306:16 307:7
307:12 321:8
330:25
salary 217:7
sale 6:22 232:5
233:14 249:18
271:18 281:25
sales 25:25 152:4
234:7,11 241:16
272:20 273:21
274:3,10,13 284:20
324:16,18
sam 9:10
san 40:15,17
sandwich 25:22
santa 108:4,4,5
117:25 340:5
341:22
sat 175:23 344:22
satisfactory 233:8
satphone 348:8
saturday 300:21
337:19
save 193:7,10,12,17
saved 243:25 244:3
saw 111:3 128:3
129:7,8,12 130:23
130:24,25 132:24
133:8 134:13 135:1
135:1,2,4,9,10,10
135:13 201:23
210:17,20 221:18
247:9 261:1
saying 184:23 253:18
260:22 261:4 279:2
325:18
says 143:14,25
146:23,24 164:2
172:13 197:4
204:20 205:4 209:2
209:24 210:14
228:2,22 231:15,18
231:19 238:22
257:11,21 261:12
262:4 265:21
276:12 280:9 284:4
289:13 299:18
303:9,16
scenic 21:5,11,11
147:15,17
schedule 106:10
school 36:17 39:22
40:13,15,18,19 41:7
41:9,12 42:8,11,14
42:19,22,25 43:2,4
43:7,16,18 53:14,16
53:18 54:24 55:1,2
65:6,9
schupack 15:7,9,11
science 42:2
scope 334:13
sea 37:17,21 38:9
seal 352:19
season 32:3 318:10
seasonal 32:1
seasonally 31:19
sec 348:6
second 60:18,23
144:11 150:9
182:21 211:18
212:5,7,8 228:11
255:19 298:20
299:1 303:14
332:21 344:19
seconded 281:14
282:4
secondly 249:20
secret 304:5 307:6
secretary 160:3
161:24 162:4,12
173:13,14 174:16
174:17,20 176:13
187:5,6,7,10 189:8
191:17,20 205:2
241:14 244:18,18
245:7 248:23
267:15 283:13
288:11
section 214:13
221:21 231:24
237:2 303:8
security 32:12 112:17
301:23,24 315:4,6
see 18:4 20:14 60:15
111:9 127:15,24
129:3,11 131:16
141:25 143:8,15
149:19 161:4
166:12 171:15
178:9 179:4 197:8
200:17 207:12
218:8 247:7 248:18
250:7 261:3,9 276:8
276:9 291:2 297:24
298:4,23 323:10
326:1,3 334:16
345:3
seeing 29:9 224:25
228:1 256:1
seen 60:16 173:2
202:8 210:15
217:16 226:2
228:16 230:16,19
233:21 253:25
255:8,24 259:7
260:24,24 261:14
262:24 270:12
272:25 280:11
343:15
sell 79:22 113:22
151:8 167:13 233:5
233:17,19 247:25
268:3 281:7,15,22
282:18,19
seller 100:22
selling 7:18 86:10,12
sells 24:23 25:4
send 120:7 258:3,12
288:22
sender 147:5,12
senders 148:8
sending 284:22
285:11 330:22
senior 112:24
sent 19:11 100:25
257:23 258:1,13
261:5 279:6 288:20
288:20 297:4
299:19
separate 93:1 149:1
217:21 219:1
334:20
separately 348:2
september 337:11
ser 248:25
serve 33:10 34:17
36:25 37:14 68:6
77:21
served 34:18 36:6
77:11
service 31:18,25
113:2 117:6 268:2
304:5 307:6 348:7
services 164:21
205:13
set 86:6,8 91:11 94:6
95:1 204:9,12
352:18
sets 204:16
setting 97:24
seven 55:21,22
108:20 111:16
seventh 35:12
shakes 18:13
shape 331:7
share 6:18 24:10 91:5
142:2,5,10 159:2,7
191:4,22 196:3,17
199:9 213:15,16
shareholder 5:17
28:12,14 66:24
87:21,23 99:1 158:9
158:10 162:16
166:23 191:9,13,19
194:22 231:23
shareholders 24:10
161:12 191:3
194:11,14 195:15
195:19 196:13
239:7
shares 27:18 79:4,5
79:10,13,22 87:6,9
87:15,15 90:6,10,13
90:18,21,24 91:3,14

383
Donald Bernard
91:16 95:8,12 142:8
146:5,12 150:23
157:16 158:5,15,25
159:20 196:21,23
196:25 197:5,7,9,12
197:16 199:3,12
211:15,21 212:1
sharing 6:4
sheet 351:8
sheraton 327:8
shes 31:20,25 32:3
62:5
shields 113:21
ship 70:1
ships 70:14,16
shit 348:4,10,11,17
short 78:5 145:4
197:20 205:22
206:3 208:12
212:23 277:10
338:18
shorthand 352:13
shortly 111:19
298:14
show 149:8 157:14
208:20 226:8
255:11 268:19
269:17,21 272:24
273:11,21 274:15
276:21 318:18,18
324:3
showed 280:21 319:6
324:16
showing 150:3 345:8
shown 172:15 264:17
shows 107:16 251:4
255:12 274:22
276:24 277:7
side 182:11,15
273:11 336:9
sign 148:13 179:12
184:12,15 193:8,20
209:21 216:10,17
236:15,17 251:8
252:15,16 288:16
288:19 310:15
329:11 350:11,13
signature 148:9,15
167:1 172:23 173:1
173:3,5,9 176:11
178:4,12 181:3,6
182:18 185:23
186:5 212:14
213:21 228:13
231:1,22 232:16
242:18 243:1,8
350:19
signatures 172:15,19
182:12,14,16
228:10,14,14
signed 34:3 91:24
156:14 161:1,4
162:23 166:22
173:13 174:9 176:6
176:10,16 182:20
184:24 185:16
199:6 200:14,14
201:6 206:8 210:4
214:22,25 232:15
236:10,24 246:9
297:6 344:5,5 351:8
signing 213:17 240:5
signs 194:4
similartype 51:5 70:2
sinco 103:16,18,19
sister 40:11,12 62:11
62:12,17,20,22,22
63:7
sisters 40:3,6,7 63:4
sites 70:13
sitting 52:24 175:6
245:11
six 55:20,22 212:17
261:19
size 57:19
skill 352:16
skyban 332:22,24
333:8
slip 261:23
slips 261:9
small 78:23 80:9
smaller 87:22
smoke 58:11
socalled 257:22 262:4
social 32:12 112:16
128:24 129:1,3
sociology 61:10
sol 98:10,11,11,15,20
99:3,15 105:12
131:20 138:15
221:25
sold 80:4 86:1 223:8
224:16,24 234:4
247:11 248:4,5,18
248:21 249:2 286:4
293:14,15
sole 5:16 166:23
187:8 204:23
somebody 100:25
194:16 284:12
somewhat 228:15
son 59:25 60:1 90:12
90:12 121:9 311:11
311:12,16,17
313:20 314:7
soon 193:22 286:9
309:10
sorry 21:8,9 80:11
88:16 141:21
171:17 236:8
251:15 287:8
317:24 340:1
sound 140:24
sounded 299:10
300:24
source 323:2 324:20
south 21:19,21
spanish 64:3,16,19
119:12,13,14
speak 64:2,3,16,18
309:16
speaks 119:6,10,13
special 5:20 7:14
11:16,21 12:13 44:7
44:9,12 57:6 190:3
190:5,7 234:17
246:21
specific 133:25
specifically 102:10
292:3 293:24
speculate 89:12
speculation 159:21
276:6 321:21
speculative 322:7
spell 15:22,23 21:6
67:17 84:14 101:9
103:17 109:14
110:4 117:22
130:20 332:23
333:2 340:3
spend 275:17,19,23
spending 220:1
321:25
spent 65:2,23 66:2,8
66:9 146:3,6 152:3
152:23 153:1
spoke 125:3 126:14
sporadic 117:2
sportsman 316:10
spot 15:7,8
spots 286:12
ss 352:2
st 51:17
stack 206:20 207:4
207:13 208:7
stadium 3:11
stag 105:19 330:12
stage 60:5,16
stamped 248:18
stand 34:5 169:16
299:16
standby 38:6
standing 302:1
stands 165:19 227:11
stars 250:22,24
start 23:16 144:17
146:6 322:21,23
started 15:16 28:1,5
29:4,23 41:6 50:25
86:25 111:15 146:1
155:14
starting 28:23,24
29:1 30:12 256:23
256:25

384
Donald Bernard
starts 172:12
state 1:10 16:23 47:5
48:1,10 49:21 74:25
75:6 77:3,4 142:23
160:3,3 189:8 233:7
235:8,18 241:14
332:2 333:25
351:22 352:2,5,24
statement 168:4
273:20
statements 272:10,16
310:8,10 314:25
315:9 344:25 345:3
345:10,15
states 33:8 142:17
252:9
stating 260:17 279:6
station 302:13
status 44:12 143:25
189:7 191:6
stay 81:9 108:9 116:9
116:23 128:12
144:13
stayed 43:20 327:3,6
327:9
staying 109:1,3,4,6,8
109:9,11,16,24
steel 73:14
steps 149:5
steve 130:17
stint 42:25
stock 6:11,19 66:13
66:15,16,17,19
142:5 199:4 211:9
211:10,12,15,18
213:15,16
stole 326:25
stolen 310:24 311:2,3
stop 111:11 247:14
stopped 65:13
storage 294:11,11,20
295:15 296:20
297:25 311:4,5,8
312:11,20 314:11
321:1
store 316:10
street 21:10 139:24

stretched 43:8
structure 163:17
studying 29:5 61:9
112:2
stuff 205:21
stupid 286:20
style 16:14 17:1,2,5
sub 92:13,17,18,19
93:9,22
subdivision 1:9 19:25
208:18 214:13
215:13 217:2 220:2
222:22 223:8 224:8
224:13 228:23,25
278:19 293:13,23
293:25
subject 226:5 227:23
228:6 271:7
submarine 37:9
53:16,18 54:4
submit 215:14
345:21,24
subpoena 19:10
subscribed 351:15
subsequently 141:9
198:1 239:19
277:17 338:23
subsidiaries 26:25
subsidiary 27:14,15
30:21 78:24 92:10
substance 346:8,11
sued 17:12,13 265:11
265:13
suicide 348:15
suing 17:11
suit 17:16
suite 3:11 143:18
147:25
summa 44:16
summarize 71:22
summary 12:6
summer 32:4 41:12
66:2,7,9 297:21
313:18 315:22
318:2,3 319:21,22
319:25 320:10,16
321:3,6,11
summers 32:1,2
113:25
summertime 114:11
sunken 70:16
sunroom 23:5,13
superstar 60:14
supervisor 112:25
205:1 207:1,24
supplement 223:13
suppose 84:21 138:6
168:2 174:21
supposed 204:17
215:9,12,18,19
247:11 249:13,17
297:25 347:24
supreme 47:15,19
48:4,9,11
sure 16:7 20:10,24
62:15 93:24 97:6,12
98:8 103:6 104:4
128:19 129:21
133:23 139:16
144:1,24 148:23
149:11 161:21
163:2,24 179:17
185:12,14 201:6
209:20 220:17
231:21 253:4
258:12 263:13
289:12 329:20
surety 8:15 10:22
251:21 277:7 278:1
278:8 279:24
280:10,12,16,22
surgeon 335:9
surgery 304:24 305:2
331:5
surplus 167:13,14,17
169:4,19,22 198:20
324:6
surprised 156:15,25
surveillance 330:2,4
330:6
surveyed 215:13
suvre 330:6
swear 14:25
switzerland 57:18
103:22,23 104:1,2
104:11,13 137:16
sworn 15:4 351:15
352:8
system 348:14
T
table 245:11
tad 304:9 305:9
306:10,19,23 307:5
321:5 330:25
take 106:22 140:16
140:23 141:18
142:11,23 146:16
161:5 176:8 192:5
193:21 197:19,20
205:22 231:13
239:14 277:10
279:12 286:5 310:7
314:23 316:3 317:1
317:5,6 318:21,21
319:9,16 320:25,25
324:4 328:15
337:23 338:11,13
338:18 348:6,17
taken 2:4 14:3,12
16:10,17 18:9 44:21
58:13 71:9 85:5
163:7 179:6 186:9
203:3 206:3 208:12
212:23 303:12
339:14 352:11
takes 191:24
talk 18:10 89:22
110:17,24 111:11
115:12 117:1,2,3,3
118:12,21 124:25
140:3 149:18
159:22 168:11,24
169:1,3,11 179:22
229:9 236:5 286:19
286:23 287:2,4
290:24 305:18

385
Donald Bernard
306:6 307:12,14,16
308:22 309:1,13
315:3 326:18,20,20
326:24 331:17
talked 124:10 125:15
133:23,23 139:12
139:23 143:2,4
168:10,13,14
249:25 264:8
286:21 294:16
296:21,23 302:21
305:10 307:9 308:9
308:17,25 309:2
310:12,13,17,19
320:21 321:3 326:9
326:11,12,21
330:25 331:22
332:5
talking 27:11 40:24
67:7 97:3,4 98:12
98:14 107:19
110:20 129:9
133:22 139:16
141:16 142:3,4
148:24 151:19
181:17 193:23
194:13,15 195:6,12
195:14 206:7
222:25 253:1
257:12 262:8
266:14 271:2 293:4
293:8,11,16 320:1
320:10 328:13
331:5 334:18 341:7
349:12
talks 326:16
tape 141:5
taught 51:12
tax 10:12 96:7 220:23
221:10,11 236:10
238:23 240:5
272:22 273:2,6
274:17,21 344:4,7,8
taxes 9:24
taylor 9:23 188:2
205:13 220:13,20
221:5,11 235:24
263:10 272:21
274:15
taylors 258:25
teach 64:5
teaching 51:13,16,22
52:2
technically 34:15
teeth 305:3,3
telecommunications
246:23 282:7
telephone 74:18
84:23 117:12
118:15,23 124:13
125:7 287:15
tell 15:4 26:5 32:14
32:25 39:21 41:3
50:5 53:3 72:18
94:24 95:15 97:12
98:9 107:2 125:6
137:23 140:11
144:24,25 145:24
158:20 168:17
173:9 187:19 188:2
188:5 194:25
209:22 211:7
224:18 228:13
236:4,8,8 237:14
238:10,18 239:4
246:14,16,25
252:13 266:10
267:4 290:14,15,16
291:18 292:3 302:3
305:5,9 309:9
310:24 311:1
317:17 320:11,24
321:5,8,11 332:7
338:16 348:3
telling 156:6 237:25
238:18
tells 140:11 348:8
ten 46:22 68:5 78:24
80:25 83:1 281:19
tenants 22:8,10
tent 109:23,24
114:13,15,18,21
116:11
tents 167:20,23 169:5
term 74:4 235:9,10
terminate 241:4
245:1 291:15
292:15
terminated 85:5,12
85:15 144:21 155:9
232:8 234:14,16,23
235:7,10,15,25
237:12,15,16
238:18 240:13
241:3 289:14
291:10,13,18 292:4
331:8
terminating 85:19,21
termination 234:19
240:2
terms 133:25 154:18
233:7
test 334:13 336:15
testified 15:5 87:18
137:5 142:13
163:13 180:10
196:12 217:16
220:8 241:13
260:13 274:11
287:14 339:8
testify 17:23 58:22
170:21 274:12
309:23 352:8
testimony 18:21
92:15 114:14
141:18 142:9
144:20 156:19
184:9 219:14 228:5
249:14 289:23
291:9,13 352:15
teton 114:4,5
texas 16:24 41:16,21
42:20 43:3,19 44:8
44:9,25 45:9,14
47:15,19 49:8 50:6
57:4 73:5 75:9
142:23 143:19
148:1,6
thank 142:1 291:3

350:9
thanks 144:13,18
257:11 265:21
268:2 293:3
thatd 114:8
thatll 341:1
thats 16:18 19:23
25:1 27:6,11,20
28:11 29:2,13 30:23
31:22 41:8 42:13,17
44:10 50:25 51:23
52:2 54:4 65:1 80:8
88:2 92:8,22 93:1
94:21 98:11,16
104:19 116:17,22
118:22 121:17
122:22,22 123:9,24
139:5 143:16 147:9
147:11 148:14
151:23 152:15
157:3,3 158:16
159:5 167:2 172:9
173:9 174:4 175:24
176:21 184:13
185:25 190:24
192:7 208:1,6
209:20,23 212:12
212:14 217:17
219:15,19,23
225:25 226:3,14
229:2,2,5 231:11
238:15 248:9 249:6
251:12 253:20
254:15 257:2,4,9,15
257:17 261:23,23
262:6,13,15,20
263:20 265:16
270:5 271:7 272:3
273:24 274:17,18
276:24 277:24
278:10 279:24
280:15 283:9,11,12
284:8,15 285:13
290:8 299:18,22
301:9,19 303:6

386
Donald Bernard
306:11 311:13
141:20 198:14
316:2,16 321:21
206:6 266:10
322:7 323:11
289:13 291:24
324:17,18,19
334:18 336:6,24
329:12 333:18
340:2 345:12
334:17,17,20,22
347:23
335:11,11,16,17,20 things 23:11 25:14
336:6 337:2 340:4
30:1 45:23 50:18
340:21
70:2 71:6 94:2 98:1
theft 303:18
112:17 140:11,11
thered 25:20 341:22
167:23 193:16
thereon 351:7
220:24 308:25
therere 260:4
345:11
theres 16:15 57:21
think 15:12 16:18
64:9 88:8 91:14
25:22 27:3,3 29:13
92:17 138:11
32:10 43:17 51:1
143:25 156:3 164:1
56:10 65:1 66:19
184:11 191:5
68:5 76:3 78:24
195:23 198:25
79:21 80:13,24
203:5 205:9 218:25
81:13 82:12 83:15
218:25 219:11
85:8 88:4 95:9
247:15,16 248:6,8
104:12 105:2,5
253:4 255:12
109:9 115:10,15
261:18,21 269:23
118:6,7 122:11
271:6 279:20 287:3
123:2,15,20 129:25
289:18,22 292:22
130:3 131:12 132:3
301:8,9 304:20
132:7 134:25 137:5
317:6 333:23 334:3
139:5 140:15,17
337:11,16
142:13 144:14
thereto 1:17
149:25 150:5 153:4
thermal 286:11 330:7
156:14 157:13
theyre 90:11,14,18
159:17 167:20
91:4,4 103:22 121:4
174:18 175:24
138:12 149:25
195:24 203:21
165:22 174:8
206:16 209:8 216:3
183:11,20,24
218:12 226:14
192:12,12 197:15
253:7,9 259:12
211:3,4,9 261:6,10
268:12 272:14
288:23 293:23
285:13 286:14
316:13 332:19
289:12 295:6,10
334:19 348:19
299:21 301:5,17
theyve 90:15
304:14 305:16
thief 326:7
312:17 315:25
thing 25:1 51:12 70:3
319:14 329:6
87:1 92:11 95:3
331:20 337:11,19
111:25 122:25
338:19 339:21
344:19
thinking 69:25 161:3
169:17,21
thinks 286:2 299:12
third 42:16 172:12
182:21 211:24
243:3 247:10
249:18 301:18
332:25 336:24
thirty 26:1
thisll 259:18
tho 293:21
thomas 51:17
thought 61:21 62:21
88:13 133:21
189:21 206:14
207:11 309:22
thousand 85:9 283:1
339:10,11 340:15
344:20
three 20:3 37:17 40:5
41:23 68:11 69:1
74:6 113:5 123:10
125:11,13 148:10
175:20 182:16
184:17 237:11,13
237:15 238:17
247:4,24 248:5
249:11 279:16,18
280:25 281:4,7,16
282:19 299:22
301:15 315:15
332:16 337:6,17
338:9
threedimensional
53:16,21 54:4
threehour 68:24
tickets 106:19 328:5
time 14:7 16:16
18:11 23:8 28:9,22
28:24 29:6,7,14,17
29:24 38:16 42:17
42:23 45:3,20 48:25
50:12,13 51:3,12
65:2,7,23 66:10
69:6,18 70:11 72:2
75:21 77:10,14 78:6

83:6 91:18 101:12
104:19 109:2,7,9
110:23,25 111:17
111:21,24 112:2,7,8
114:5 115:6,7 122:2
122:12 124:10
125:15 126:13,16
126:18 128:2,14
129:6,10 130:22,24
132:5,22,23 133:6
133:19 134:13
135:12 139:9
140:15,25 145:5
146:3 153:10,10
163:10 185:2 187:6
191:20 201:17
210:18,19 221:7
235:4 236:5 237:3
241:18 243:23
244:25 247:3
252:25 266:12
281:24 287:25
292:25 296:8,11,12
298:22 299:21
302:9 304:15,21,22
305:15,16,17 306:7
307:10,13,14,17
308:9 309:3 313:1
313:21 319:8,24
321:22 326:22
334:5 337:8,18
343:1,3,15 344:19
345:24 347:22
351:9 352:11
times 37:19,20,22,24
59:10 68:12 69:1,21
106:16,18 127:8
130:25 131:1,7
133:10 134:11
152:22 252:12
312:5,7,8 314:16
tin 73:15
tina 15:11
title 1:12,17 8:15
27:16 30:18,23

387
Donald Bernard
31:15 73:24 80:21
132:16 146:21
251:21 277:7 278:1
278:8 279:24
280:10,12,16,23
titled 242:13 243:4
titles 10:22
tobacco 346:12
today 14:6 16:8
18:10 28:3 40:20
53:6 58:22 59:19
85:3 117:1 165:19
195:14,15 196:7
222:17 332:15
toff 22:15
told 88:13 98:7
111:15 112:24
134:6 157:15
174:16 175:1,3
176:1,21 198:14
203:17 235:16
264:21 271:22
272:3 275:1 283:17
285:10 286:2 297:1
301:8,9 309:21
310:13 311:3
317:11,12,14,15
319:20 321:2,7
326:5,25 330:21
342:24 343:1,21
tolerances 73:12
tooltype 73:2
top 146:25 147:12
256:23,25 257:7
265:17 273:10,21
285:22,23
toss 192:19
total 102:14,19
104:17 199:4
262:21 263:2
totally 69:13 155:14
334:18
totals 263:4
touch 29:8 81:9
touching 348:12
town 50:6 120:18
287:19 337:17
townsend 135:11
tra 288:2
track 220:1 319:5
tract 281:24
tracts 281:15
trading 9:10
trained 64:4
training 33:15 34:6
37:16 38:8 53:15,17
53:20,23,25 54:3,16
54:17 55:8 71:9
335:12
tranel 3:4 4:3 12:19
14:15,15 15:10,14
15:18 21:2,13
124:23 125:3,22,25
126:4 140:22 141:3
141:15,24 142:7
144:12,17,19
145:20,22 150:12
150:16,19 152:20
156:22 162:25
163:3,8,12 164:11
164:15 165:25
166:4 167:3,7,10
172:10,11 173:17
173:21 177:17,21
181:25 182:5 184:2
184:5,8 198:7
205:16 206:12
207:18 208:15,23
210:11,13,23 211:2
213:1,8,24 214:3
218:16,17,22
223:17 225:7,11
227:4,9,12,16
229:16,19 230:8,12
231:7,11 232:10,15
233:9,13 234:10
239:10 240:7
250:15,19 251:15
251:18 252:1,5
255:3,7,22 256:18
256:22 259:9,13,15
259:17,18,22 265:1
265:4 266:3,7,15
268:5,9 273:15,19
274:4,8 276:7,11
277:23 278:22
279:1 285:10 287:8
287:12 291:4,8,22
292:2,6,10 296:9
339:7 340:3 343:8
343:12 350:10,14
transact 241:16
254:20
transaction 8:10
138:14 250:20
251:2
transactions 10:20
transcribed 352:13
transcript 351:9
transfer 4:11 138:16
146:23 150:3 154:5
240:3,21 244:21
245:3 246:19
252:17 255:15
266:18 271:4
291:12,15 292:16
296:19 308:15
340:18
transferors 10:23
transferred 104:16
104:19 148:25
150:20 244:17
247:22,22 269:18
269:22 308:16
324:9
transferring 267:2
translate 192:14,22
transmitted 222:21
travel 287:20 288:1,2
288:15 290:9,10
traveled 114:23
126:12
trial 18:21,23
trials 46:20
trick 19:5
tried 300:20 327:3
trip 61:24 62:6 69:19
128:22 129:19,23
298:1,2,13,20 299:1
301:15 328:12,12
342:24
trips 130:1 131:18
133:15 134:1
298:11,17 299:3
301:16 312:9
324:23 325:4,8
328:1,19
truck 286:3
true 284:1 351:8
352:15
trust 49:15,18 101:14
103:14,15,20
trustee 49:22
truth 15:4,4,5 19:3,7
352:8,9,9
truthful 58:25
truthfully 282:21
try 46:18 303:22
trying 19:7 30:2
323:4
tuesday 2:6 14:1
turbo 55:25
turd 348:13
turns 348:13
twelve 58:6 340:15
twenty 280:9
twice 133:8 216:3
two 28:18 38:12 40:7
42:6 56:12 59:18
65:2 70:8 80:17,18
85:9 91:24 93:21
120:24 123:9
125:15 130:25
131:1 140:19 149:4
181:11 184:18,19
184:20 195:15,16
196:12 205:9
238:22 248:9 256:9
256:13 276:17,21
298:16 299:19,21
301:17 305:3
314:16 316:6,18,19
328:20 333:5 340:4
341:23 344:20

388
Donald Bernard
348:11
twofold 248:1
twopage 272:24
twoseaters 57:20
twoweek 38:1
twoyear 42:24
type 165:5 192:24
193:5
typed 165:10 213:9
290:3
typewriting 194:2
352:13
typewritten 351:6
typical 286:7 338:17
typically 119:20
138:13 190:16
194:7 287:1
U
uh 25:9
uhhuh 35:4 48:6
53:22 54:1 55:9,14
67:15 136:23
uk 57:16
ultimately 198:15
um 16:14 25:11,17
29:7,23 30:13 32:11
32:14 36:4,11 37:16
44:21 45:10,24
49:15 50:25,25 53:3
53:8 55:5 57:12,13
57:16,21 58:7,9,13
59:3,23 60:13,18,18
61:11 66:11 67:2
69:21,21,23 70:1
71:17,25 77:24 81:9
82:21,24 85:2 95:19
96:6 99:22 100:4
112:16,17 114:4
122:3,7 128:9,13
129:8 132:9 134:14
136:19 138:2,15
142:11,13,17
143:15 144:14,20
146:15 148:22
163:16 166:4 168:9
168:10 170:1,20
171:7 172:11,16,16
177:21,24 197:4
198:8,23 203:1
204:8 206:14
208:20 209:18
214:4 215:4,8,12,13
215:17 216:2 220:8
221:9 222:19
225:21 236:7 237:8
242:7,12 246:23
254:9,9 255:12
258:7,24 278:7
282:2 285:3 294:9
298:13 306:19
308:14 323:9
325:21 328:24
332:18 333:16
338:9 340:14
341:19 349:2
un 291:8
unanimously 281:14
undergrad 42:1
underground 215:20
underneath 204:25
undersigned 199:3
204:23
understand 18:11,14
18:16,17,20,25 19:2
19:6,8 32:24,25
161:16 234:5
238:16 247:13
249:2 291:8 318:11
335:4
understanding 266:8
317:7
understood 61:21
70:13 198:18 249:9
270:7 271:13
293:15 342:14
underway 36:9
union 76:25 77:25
unissued 197:15
unit 294:20 295:1,22
297:3 311:4,5
united 33:8 252:9
university 40:24 41:5

41:14,16,18,21
42:20 43:3,19 51:17
51:22 61:6 65:19,20
67:12,14 68:1,17,18
72:6 82:19 311:21
unknown 1:11
unsold 293:18
upper 21:18 108:24
135:9 180:21,22
ups 288:21
urged 282:19
use 18:23 120:7,13,14
120:17,18,20
121:10,12 122:23
123:17 158:21,22
243:16 265:23,23
284:6 288:21
322:14 325:16,24
326:1,3 327:25
328:3,9,11
useless 287:3
users 86:16
uses 322:20
usual 23:10
usually 284:22
338:13 346:18
utility 4:7 142:18,22
V
vague 266:11 296:7
valid 232:8 279:10
280:5,14,15
validity 136:21 280:5
valley 113:21
valuation 139:12
value 139:7,11
158:11,13,14,16,23
158:25 159:2,7,19
196:11,17 197:16
199:8 249:8 270:22
values 159:13
varies 31:6,9
various 133:16
vary 58:2
vegas 136:3 138:4
venture 70:9
verbal 18:14 302:19
verde 81:14,15
verdicts 44:7,9
verify 276:16
verizon 123:16,22
version 182:21 183:1
183:25 184:13
versions 185:6
versus 14:5
vice 232:1 233:5
242:8
video 14:2,10
videographer 14:2
14:20,24 21:1 141:6
141:13 163:2,5,10
197:23 198:5
205:25 206:2,4
208:10,13 212:21
212:24 239:16,23
277:14,21 338:20
339:5 350:16
videotaped 1:22 2:1
videotype 59:24
vienna 128:23 137:14
vietnam 35:24
virgin 24:7 25:16
84:17 95:21 96:3
159:12
visa 135:16,20,23
136:19,22
vision 334:15
visit 128:23
visiting 61:22 62:11
62:12,16,22
voluntarily 33:22
134:22
volunteer 33:22
69:13,14
vote 194:15
voted 244:25 281:14
292:15
voters 194:20
votes 194:12
voting 194:8,10
vs 1:7 351:25

389
Donald Bernard
W
wait 117:15 141:21
171:17 206:22
299:17 341:12
waited 303:21
waiting 279:7,9
waive 350:11
waiver 198:11 246:13
246:15
walden 12:24 342:19
342:20 343:4
walk 294:1
wall 139:24
want 19:17 58:2
72:20 91:16,18
141:17 144:12
158:20 184:8
203:22 205:19,21
205:22 208:5,23
212:19 218:17
219:2 227:6 231:19
246:23,25 251:14
255:18 259:11
264:8,9 268:15
277:10 285:6,22
287:6 291:25 292:2
317:5,10 347:21,23
347:25 348:3
350:12
wanted 30:14 91:13
142:11 167:17
184:17,21 249:2,5
267:1 309:7,21
317:1 318:16
323:10 324:1,3,4
345:3
wants 107:5 117:2
286:3 346:24
washington 25:21,21
38:22
wasnt 28:11 104:4
109:4 112:10
115:23 128:20
129:2 203:17
241:17 260:1,6,15
260:22 264:6
267:10 299:9 314:5

317:15 325:15
wasted 347:22
way 65:10,24 70:24
84:25 91:11 92:4
98:21 117:10
118:22 161:19
165:14 168:3,7,25
170:12 191:12
195:4 203:11,20
205:24 235:14
268:14 274:19
299:20 317:6 331:7
346:25 348:15
349:10
weapon 16:8
wed 111:11 113:4
218:5
week 126:17,20
266:1 306:15
337:15,16,20
weekend 37:15
weeks 38:12 308:2
337:17
welcome 15:14
went 33:15 34:7
35:12 36:17 38:15
41:4,8 42:14,18,21
45:19 49:4 50:3
53:23 65:16 66:9
69:24 71:17 101:14
115:10,13 127:10
132:1 151:13
175:12,20 247:8
253:4,5,13,13
263:16 267:13
277:1 297:22,24
298:6 299:23
301:22 302:2,13
303:3 313:6,12,13
314:10,17 330:25
338:9 344:24 345:7
west 4:9 35:2 83:16
83:17,17 87:7
141:19 142:12
143:1,4 147:21
148:22 214:14
weve 23:8 94:25
140:19 221:7
326:13 347:10
whatd 305:2
whats 21:3 24:17
26:16,16 27:16
31:15 38:7 40:14,16
44:5 52:14 60:11
61:12 67:13,15
72:25 81:14 83:16
83:20 91:9 94:5
99:9 112:14 121:18
122:19,21 143:12
143:15 146:21
147:16,23 148:5,16
171:14,19,24
173:11 179:19
207:20 228:9 237:7
242:12,20,22
243:18 250:1,11
251:1,22 255:14
256:7,10,23 259:1
259:14,25 267:18
270:17 278:2,12
279:5,15 284:16,25
311:18 332:20,25
334:13 348:21
whatsoever 98:18
195:1 196:1
whered 39:22 40:13
40:22
whereof 352:18
wheres 26:9 281:12
whichever 328:10
whitehall 21:5,12,17
101:20 114:7
115:13,17,19,22,23
116:14,21 135:7,10
135:11 171:10
172:5 214:14
319:25 320:1 326:6
326:10,17 338:1,3,6
whos 104:3,7 130:5
130:18 204:20
237:20,20 306:24
333:12 334:4
wife 22:7 24:16 31:12
59:3,8 60:23 62:16
90:3,12 108:13
112:24 121:9 305:1
350:1,3
wifes 61:12 63:7
90:21
wine 58:10 346:19
winter 318:9
wintertime 114:11
wire 4:11 146:23
149:1 150:3 156:12
156:13 186:24
187:1 252:5,8
253:20 254:3,23,24
255:8,12,14,24
256:3,9 258:4,14
261:10,12 276:12
276:21 285:14
339:20 340:18
342:5
wireadvice 8:18 9:5
9:12
wired 100:14,15,16
101:13 102:1
104:25 105:6 149:6
156:10 253:12
254:4 258:5 339:17
339:18
wires 254:20 261:7
276:10 284:21
wiring 339:18
withdrawn 172:17,18
witness 14:25 15:3
19:1 21:8,11 124:22
126:3 141:2 146:18
350:13,19 352:7,16
352:18
wolf 78:6,22 79:1,19
80:6 81:5 284:4,6
word 272:2
words 165:8 340:4
work 22:25 23:6,20
28:25 29:2 31:17
32:7 46:11 47:5

390
Donald Bernard
48:16 49:11 50:25
51:1,3,5,8 77:25
105:25 113:4,8
117:24 202:20,21
215:23 237:6
333:25 334:21
349:17
worked 17:17 48:9
96:24 97:8 203:10
216:7 349:18
working 29:4 43:10
46:14 47:2,4 48:11
111:23,24,25 112:5
132:11 138:10
349:15
works 73:10 105:24
117:10,13 252:13
294:10 334:25
world 107:17 320:6
worth 158:5 196:4
wouldnt 244:3
323:10
wouldve 72:16
wreck 71:21
write 47:18 71:22
107:14 174:16
175:7 192:2 193:23
194:1 243:10 267:7
329:8
writers 107:14
writes 339:16
writing 47:25 150:11
232:9 270:11
written 91:20 192:14
192:23 268:23,25
269:2,9 310:7
wrote 48:18 174:11
176:4 242:16,24
243:6,11,21,24
257:18 261:4
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xii 231:24
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yeah 20:22 24:15
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50:11 54:18 59:17
73:1 76:7 85:1,14
113:18 114:4 118:6
121:23 123:1
140:17 141:1 185:4
186:2 193:10
205:20 207:3 208:8
209:5 211:4 212:9
251:15 285:7,24
287:8 308:23 310:2
311:15 314:8
320:13 323:22
334:11 335:1
340:25 341:3
year 23:17 28:4 31:7
35:6,22 36:14 37:19
37:20,22,24 42:16
43:6 49:25 68:12
69:1 111:14 113:5
116:1 127:22 128:3
129:7,8 130:13
160:13 171:4
189:11 190:3
195:13 237:9
273:12,22,25
313:15 317:20
318:6 319:22 334:6
335:20,21 336:20
337:7,12 341:2
years 16:15,21 28:1
37:3 43:24 44:3,4
45:19 56:17 66:3
68:7 69:2 72:6,21
74:6 75:20 79:18
80:12,15,16 81:8
82:7,8 83:8 94:7,25
95:13,23 96:20 97:6
97:14 98:7 108:20
111:16 113:11
114:8 116:1 123:10
127:23 155:5 156:8
221:13 252:10
286:4
yep 121:5
yesterday 124:12
125:4,10,17 126:5
286:3
york 27:4 59:20 60:2
105:5
youd 15:15 71:23
74:18 82:11 111:9
197:20
youll 89:21 149:18
196:9 219:6 231:12
290:23 350:6,10
youngest 311:17
youre 15:14 18:17
22:8 30:15,19,23
34:10 38:8,9 54:6
61:11,21 62:15
66:12 67:4 85:20,23
91:1 93:17 94:9
98:12 102:6,9
107:19 119:25
125:19 139:16
150:7 158:21
161:22 173:4
191:16 194:6 195:6
195:19 206:7
222:12 224:5
226:20 227:24
229:25,25 230:1
238:18 259:22
265:12 268:12,12
272:1 276:4,18
277:1 279:2,2 280:3
286:21 290:19
293:4,8,16 330:22
332:13 334:17,18
337:6 348:17
youve 18:8 56:17
83:18 96:19 97:5
98:5,14 112:18
143:2 144:14
217:16,16 219:12
219:16 229:10
261:14 264:17
277:4
yvonne 295:22
296:22,23 297:7
Z
zip 21:13
zurich 103:24 104:1
104:25 128:9 133:7
134:12 135:1,2
137:4,9 138:2,19,23
0
00 4:14 8:6,12
000 4:14 31:7 32:10
103:4,7,25 147:4
148:19,24 149:3,6,7
150:17 151:1,12,14
151:17,19 152:6,7,9
152:17 153:18,22
154:3,8,13 155:8
156:16 157:19,21
186:18 196:24
197:5,6,9,11 199:2
199:3,5 211:17
249:13,20 256:8
257:21,22,23,24
258:1 261:2,5,16
263:9 269:21 270:3
274:22 275:4,8
276:2 280:17
281:19,23,25
340:18 342:24
343:1,13,17
01 352:25
02 350:17,19
03 2:7 14:7 352:25
04 134:15 135:4
171:5
06 5:13 131:19
07 130:23 240:10
279:8 291:11,19
075 8:6,12 250:13
251:3 268:21,24
1
1 4:7,15 7:4 11:19
140:25 141:2,4,10
141:14 142:21
144:7,8,18 147:1
163:6,11 164:1

391
Donald Bernard
186:18 196:24
197:11 199:2,3,5
211:10,17 228:22
228:22 256:12
278:19,20 286:4
324:10,10 340:18
10 2:7 5:19 7:13
12:23 14:7 75:19
77:9 88:10,12,14
141:7,9 197:5,6,9
208:25 342:24
343:1,13,17
100 186:18 257:24
258:1 261:5,16
275:8,12 286:11
1099 278:10
1099s 10:18
11 6:4 7:4,11 12:17
210:24,25 217:14
217:16
113 4:21 8:6,12
250:13 251:3
257:23 261:22,25
262:2,6,11,20,25
263:3 268:21,24
269:21 270:3
1144 3:5
1172 3:11
12 6:8 8:13 9:4,11
10:8 11:4,15,24
141:7,9 213:2,6
279:8,16 334:8,9
337:13
123 262:22,25 263:3
125 8:16 251:24
257:21 277:9 278:3
278:13 280:10,17
280:22 284:22
286:7
125k 262:4
13 6:15 11:24 214:1
257:22 262:5
1340 143:18 147:25
13th 234:18,21 240:2
244:23 289:19
291:25
14 2:6 6:20 14:1 21:5

114:8,8 147:15,17
166:1 225:9 227:24
248:17
142 4:7
144 4:8
146 4:11
14th 14:6
15 4:3 7:4 13:4 87:25
88:15,16,18,21
140:25 141:2,4
189:22 230:10
273:24 313:21
150 4:12
15th 348:22
16 7:8 37:20 113:11
231:9
162 8:16 251:24
277:9 278:3
164 4:15
166 4:19
167 4:22
17 6:15 7:11 8:13
113:11 141:10,14
232:12
170017898 181:2
173 5:4
177 5:9
18 7:13 37:3 113:11
233:11 320:12,13
184 5:13
189 281:23,25
19 4:11 5:13 7:20
12:16 45:19 54:11
197:24 198:1
239:12
1954 33:6
1956 36:15
1958 45:15,21 47:11
1959 59:12
1960 47:11
1963 43:12
1970 53:13,13
1976 39:3
1982 60:22
1984 59:7
1986 63:15
1988 50:17
1990 45:18,21,21
50:10,24
1996 22:13
1998 28:6 30:12
79:21
1999 79:23
19th 148:18 241:22
106:14,15 130:25
131:1 188:19 207:6
217:19,20 232:19
234:15 312:18,22
2007 8:13,17 9:4,11
10:8,12,16,18 11:4
11:15,19,24 129:12
130:25 131:1
188:20 234:15,18
234:21 235:5
2
236:10 240:16
2 4:11 5:4,9 6:9 9:22
241:14 244:24
10:4 11:9,12,19
246:22 261:6
12:11,16 21:24
267:19 273:1,6
32:10 75:16 146:16
276:3 278:10
147:1 150:13,14
284:18 287:14
197:24 198:1,2,6
290:12 291:25
200:18 206:2,5
292:4 295:6 315:22
208:11,14 211:10
318:4 319:23 320:6
212:22,25 278:20
320:9,10 321:3,6,11
20 8:4 12:4,11 75:19 2008 7:20 8:4,9 9:18
77:9 107:24 239:17
9:18,22 10:4,17
239:19 250:17
11:9,12 12:4,10,17
268:22 279:16
128:4,5 129:9
200 4:13 31:7
237:10 242:11
2000 79:23 111:18,19
257:2 269:12
207:8 242:4
273:24 276:3 289:5
2003 28:25 29:16
289:11 295:10,11
144:1
296:15 303:6
2004 4:11,15,22 5:4,9
344:21
5:15,19 6:8 115:9
2009 2:6 12:11,16,23
133:6 134:14 135:3
14:1,6 242:21
148:18 155:4
243:20 351:16
160:14 173:12
352:20
195:13 198:10
2012 352:25
202:22 204:16
203 3:11
206:20,24 207:9,17 2066 3:11
208:20 320:8
207 5:15
2005 6:9,15 7:8 13:4 208 5:19
85:9 88:5 89:4
20th 242:21 243:20
132:25 133:3,6
21 8:9 10:4 251:16
213:5 241:22
263:20 268:17
312:18 313:17,20
210 6:4
348:22
213 6:8
2006 6:4 7:4,11,13
214 6:15
23:14 99:16 106:12 217 6:5

392
Donald Bernard
22 7:8 8:13 11:4
252:3 277:24 279:8
2200 107:24
225 6:20
22nd 284:18 285:2,4
23 8:17 255:5 256:14
277:15,17
230 7:4 263:2
230something 263:6
231 7:8
232 7:11
233 7:13
236 263:5
238239 12:5,12
239 7:20
24 9:4 58:14 255:20
262:21 276:19
305:21
244 263:11
244246 11:19 12:4,11
249 5:5
25 9:11 16:15,21
198:2,6 256:20
262:21 276:19
250 8:4 249:13,20
261:2 276:2 281:19
2500 329:21
251 8:9
252 8:13
255 8:17 9:4
256 9:11
259 9:18,22
26 9:18,18 259:12,20
263 8:10
266 10:4
268 8:5,11 10:8
27 9:4,11,18,22
259:18,20
273 10:11
274 10:14
276 9:5
277 8:14
278 10:18
27th 257:2,15 285:16
28 6:4 10:4 266:5
283 11:20 12:6,13
285 11:4
287 11:9
2885 171:23 250:25
289 11:21 12:7,14
29 9:22 10:8 268:7
291 11:15
2nd 171:3 173:12
213:5
3rd 303:6
59 21:5 43:17
596241144 3:6
4
59759 21:14 172:6
4 4:19 12:10,23 166:1 59771 3:12
166:2 277:15,17,18 5th 269:10,14
277:22 278:20
6
40 12:23 22:5 23:23
107:24 108:6 163:6 6 5:4,4,9,13,19 6:4
343:10
9:18,18 13:4 172:5
3
400 275:4
172:7 173:18,19
3 4:15,15,22 5:15 6:8 401 332:19,20 333:8
178:11 249:25
406 122:20
7:20 8:4,9 11:9,12
350:17,19
41 13:4 349:5
12:4,17 164:12,13
60s 75:22,24
411 273:13,24 274:22 63 43:9,11
197:9 211:11
42 208:11
239:17,19,20,24
69 54:13
425 259:2
278:19
7
43 163:11 208:14
30 4:22 5:15 6:8
7 4:11 5:9,19 6:15
10:11 64:13,19 65:1 4500 108:2
7:20 8:17 10:8
463 273:13,24
65:5 66:8 72:21
11:15 12:10 177:19
48 212:22 305:21
207:17 239:20,24
204:15 234:15
49 212:25
273:17
242:10
4902474 122:20
301 143:14
700
148:6
4946883 300:9
303 12:17
70s 45:25 72:23
30th 198:10 206:19
5
75:22,25 76:2,3,12
206:24 207:6,9
5 4:22 6:9 8:4,9,17
76:13,14 77:12
31 7:13 10:14 274:6
167:6,8 286:4
73 255:16
277:18,22
338:21,23,24 339:6 75219 143:21 148:1
31st 232:21
50 66:3 75:16,17
79761 148:7
32 10:18 278:24
95:13
97:6,13
98:7
7th 208:20 209:2
33 11:4 285:8
99:11,13
252:10
237:8 242:11
330 255:16
256:8 338:24 339:6
246:22 267:19
339 11:22 12:8,15,18
500
4:14
103:4,7,25
281:13 287:14
34 11:9 287:10
147:4 148:19,24
290:12
343 12:23
149:1,3,6,7 150:17
349 13:4
8
151:1,12,14,17,19
35 11:15 24:18 87:18
152:6,7,9,17 153:18 8 5:13 184:3,6 259:2
90:4,17 91:19 206:2
263:9
153:22 154:3,8,13
291:6
800 256:4 348:7
155:8,22 156:16
350 351:5
80032885 171:20
157:19,21 348:6
3500 143:18 147:25
250:3
36 8:16 11:19 251:24 503 2:5 14:8
80042295
256:6
277:9 278:3 338:21 54 35:7,9
80acre
281:15,24
544 8:5
338:23 339:2
80s 72:9,16 76:12
55 35:7
37 12:4 339:3
83:10
56 43:8
38 12:11 339:3
39 12:17 206:5 339:3 58 43:15,17
9

393
Donald Bernard
9 5:15 7:8 207:15
90 214:14
900 339:8
90s 51:4,15,25 67:24
80:13,14


Gary Mole and Glacial Energy - Their Links To Blood Diamond Mining in The Congo

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Gary Mole and Glacial Energy - Their Links To Blood Diamond Mining in The Congo

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Donald Bernard

MONTANA FIFTH JUDICIAL DISTRICT COURT

S & C CORPORATION, DON BERNARD, PETER KOECK,

JEFFERSON COUNTY, MONTANA a political subdivision

of the State of Montana,

and all other persons, unknown

claiming or who might claim any right, title,

lien or encumbrance upon the real property

described in the complaint adverse to

Plaintiff's ownership or any cloud upon

Plaintiff's title thereto, whether such claim

or possible claim be present or

VIDEOTAPED DEPOSITION UPON ORAL EXAMINATION OF

BE IT REMEMBERED, that the videotaped

Commission Rep Report

Re: Energy West

7/19/2004 Wire Transfer 146

from S&C Corporation

Tuesday, April 14, 2009

A. No. I don't remember the style of it. I

e-mail from Bob Donat to me -Q. Okay.

A. (The witness nodded.)

activities, but that's the main thing.

probably a hundred and thirty or forty, something

A. The entire operation started many years

Q. Okay. When you say you were starting to

A. -- in both things, we were doing

seasonal employee -- is it summers or -A. Summers.

college -Q. Right.

Q. Where were you on a minesweeper?

A. -- because there was a two-week period,

Q. All right. Were you born there?

Q. Okay. And when did you retire from the

Q. What was your undergrad degree in?

Q. -- to get your LLM?

Q. And did you pass it?

Q. What kind of practice did you have?

-- some work in the Middle East. And I think

Q. Uh-huh. So, you learned to fly in the

Q. Piper, Cherokee -- what?

A. No, no, it was a school..

because we had our own flight crews on the larger

A. No. I'm not under the influence of

Q. Okay. I'm glad you clarified that for

A. For 30 days, no.. I think that's the only

Q. How long were you in Guatemala?

board of governors at that university foundation?

A. About three or four times a year.

doing a, um, project on a old ship and some other

the same -- during that same four-year period of

Q. You were just doing it because you were

A. No, no. No -- yeah, Main Corp. It was

Q. And where was that bank located?

Q. You kept that all?

Q. And what was your role with Wolf

Q. And how did you come to be a member of

A. Again, I was invited.

A. Not more than ten.

A. I can contact him, yeah.

Q. Okay. But its assets were sold?

Q. Okay. Doing the same thing?

A. I -- I don't recall the exact amount, but

Q. Someone knows at the company?