Trial - Collard Deposition

lif??l'r?E?lE 13:23 Fill-i 005.3031) I Deposition of John Collard - Taken on November 20, 2003 Page .iparticular situation as to where it might take you. 2 Q. You had no personal involveme .. I I I. Q. Do you believe that the investigation you 3 of the people who were employed by . company, did -- performed in this case was thorough? 4 you? . 4 A. Yes. i 5 A. Generally speaking no. I may ..- been 5 Q. And up to the point where we are today in Fl 6 introduced to Mr. Beckett sometime li 0 years ago 6 this case do you believe your i5 5 7 or something only because we were In 5 napolis and I 7 complete? a happened to be in a building, that was ill by A. To where we are today, I think it?s pretty 9 believe Gary Jobson one day. and I be] Backett 9 well complete. I have not h- I have gone through 1D Brown, one of the companies was in th building at 10 some of the depositions that were handed to me just 11 one point. Something says I was Intro? ted to the 11 very recently and I've gone through them very, very' 12 man at one point, hi, how are you. Cit. than that, 12 quickly, not at the detail that I would have liked 13 you know, it he walked in the room thi ii ay I 13 to only because time did not permit. If given the I. 14 wouldn't know him. I've never done a .2 business 14 opportunity and I needed no review more, I would go 15 with him. 15 back and look at those. But other than those 16 Q. And you had no prior associab? with 16 depositions which I was just given recently. I 17 Mr, gm, correct? 17 think, yeah, I've gotten through most all stuff. 19 Q. Correct, yes? 19 I Q. Other than the attorneys at Semmes, who 20 A. Correct. I did not know Mr. i Z. prior to 20 have you spoken to in connection with your 21 this case. 21 investigation in this case? Page 95 Page 97 1 Q. Why did you conduct your legal nature or of any nature? 2 you did? 2 Q. Any nature. 3 A. As opposed to? . 3 A. I have had conversation with Mr. Garvey, 4 Q. What was your thought - r. Describe 4 he had a a- I met with Mr. Garvey here one day. _l 5 what you did, but was it, were you ing a 5 There was a gentleman that was working on his staff, 6 methodology, was there anything be choosing to 6 I don?t remember the gentleman's name. It was one '7 approach your assignment this way? 7 of fellows that works for Garvev. Garvey and I were 8 A. I was trying to investigate to derstand 3 having the conversation, he asked this fellow some 9 what had gone on at a company wh I was not 9 of the questions, the fellow was in the meeting but 10 present. So when I do that and don't remember what his name was. I think that?s 11 companies when I go into a client In bled, I try to 11 the only other person I talked to about any of the 12 find as much information as I can to derstand the 12 details of the sense. 13 picture. And then as I see possible - as that 13 Q. You certainly talked in Mr- Md- 14 might be worth more investigation I'm sorry. 15 more questions about those and dig those a 15 Q. I meant other than Semmes. 16 little deeper. I look at patterns as hat might 16 A. I'm sorry. I misunderstood. 17 have been going on to try to fonnul some sort of 1? Q. Any others other than Semmes' lawyer? 13 opinion, et cetera. 13 A. I've had some conversations with Mr. Dodo. 19 So I just followed those of 19 I have talked with Ms. Andrew. I have talked With 20 investigations that I?ve done in the II t. And each 20 Mr. GarvEYr 2.1 situation is different. It depends mi the 21 Q- 0143?!- .us.osa.essl..m..am men?v am ?an "Mt-r" "mm ?m 25 (Pages . Corbin 3t Hook Reporting, Inc. (410) ass?sous a (sea) asrvs'ns iir?iili'r?ECIiE 18:39 FAi-i JEIHH Deposition of John Collard - Taken on November 20, 2003 . Page 94 Page 96 1 A- ND- 1 particular situation as to where it might take you. 2 Q. You had no personal involveme with any 2 Q. Do you believe that the investigation you 3 Of DEBBIE were employed by th company, did 3 performed In thi? case wag thorough? :2 4 you? i 4 A. Yes. 5 A- Generally speaking no. I may - been 5 Q. Anti up to the point where we are today in 6 introduced to Mr. Beckett sometime like I. 0 years ago 6 this case do you believe your investigation is ,l 7 or something only because we were in napoiis and I 7 complete? 8 happened to be in a building, that was an by A. To where we are today, I think it's pretty i, 9 believe Gary Jobson one day, and I bell Beckett 9 well complete. I have not -- I have gone through i 19 Brown, one of the companies was in the I. building at 10 some of the depositions that were handed to me just 11 one point. Something says I was intro ed to the 11 very recently and I've gone through them very, very ii: 1.2 man at one point, hi, how are you. Dt than that, 12 quickly, not at the detail that I would have liked . 13 you know, if he walked in the room thi u, ay I 13 to only because time did not permit. If given the 14 wouldn't know him. I?ve never done a business 14 opportunity and I needed to review more, I would go 15 with him. I 15 back and look at those. But other than those 16 Q. And you had no prior associati with 16 depositions which I was just given recently, I 17 Mr. Dodd, correct? 5 17 think, yeah, I've gotten through most all stuff. 19 Q. Correct, yes? i 19 Q. Other than the attorneys at Semrnes, who 20 A. Correct. I did not know Mr. Do prior to 20 have y0u spoken to in connection with your 21 this case. 21 investigation in this case? Page 95 Page 97 1 Q. Why did you conduct your legal nature or of any nature? 2 you did? 2 Q. Any nature. 3 A, A5 Dppoged ta? 3 A. I have had conversation with Mr. Garvey, 4 Q. What was your thought proc Describe 4 he had a I met with Mr. Garvey here one day. 5 what you did, but was it, were you wing a 5 There was a gentleman that was working on his staff, 6 methodology,- was there anything be choosing to 6 I don't remember the gentleman's name. It was one 7 approach your assignment this way? 7 of fellows that works for Garvey. Garvey and I were 8 A. I was trying to investigate to derstand 8 having the conversation, he asked this follow some 9 what had gone on at a company Wh: I was not 9 of the questions, the fellow was in the meeting but! 10 present, 5.3 when 1 do that and I i. at in 10 I don?t remember what his name was. I thinift t:ats I 11 companies when I go into a client tr bled, I try to 11 the only other i tallied t0 ab?ut any 0 12 ?nd as much information as I can to nderstand the 12 details of the case. I 13 picture. And then as I see possible i as that 13 Q- ?fou cartalniv tallied ?43 Mr- 9049- 14 might be worth more investigation 1 9i? ?3 95k 14 Sorry' 15 more questions about those and dig to those a 15 Q. meant Gtille?shuanl?iltjs- 16 ?we deeper. -1 IGOR at patter? as ti . [1322; of other than Semmes' lawyer? 17 hen-IE? been 90mg I've had some conversations with Mr. Dodd. :3 ammo?! atgfiejrj?it followed those 1 ds of 19 I have talked with Ms. Andrew. I have talked with 2O investigations that I've done in the .- st. And each 20 Mr. Garvey. 21 situation is different. It depends nli the 31 Q- Gka?1-m? onwn-I-n-I-n-v-n-r . m1 'u m-i -rmI'm urn- 25 (aes 94 to 97) Corbin at Hook Reporting, Inc. 3 (410) ass-sons - (ass) 337-6778 11f?Tr?281318231F83-1 410733832? [311.3030 Deposition of John Collard Taken on November 20, 2003 I I Page 88. Page 100 Li 1 A. I believe that's it. Could ha -: been 1 Q. Paul Rakowski, Jr.? 2 someone else out I don't think so. 2 I A. No. 3 MR. THOMPSON: So far of th last series 3 Q, Brad Andrew? 4 what I heard was that you spoke II ith 4 A. I?ve heard the name. I?ve not spoken to 5 Mr. Garvey, Mr. Dodd and Lisa A rew. Did you 5 Brad. 6 give any other names? o. Glenda Andrew? l: 7 THE WITNESS: No. 7 A. No. 8 MR. ROBBINS: No, he didn't. 8 Q. Angelo Bizzarro? I: 9 A. I mi5unclerstooc your questit? . I thought 9 A, No, I. 10 you were saying that I hadn't talked bout prior to 10 o. Jay Bly? 11 thisThat's ?ne. You didn't know 12 Q. Mark Prosner? 13 Mr. Rakowski, in fact you hadn't rne him until 13 A. No. 14 today, correct? 14 Q. Sarah Slenker? 15 A. That's correctYou didn't speak with him in onnection 16 Q. Ron Mal?? 17 with your investigation, did youHave you spoken to anybody else who was 19 Q. Did you speak to Mr. Ward? 19 associated with Mr. Beckett? . 21 Q. Have you spoken to anybody who was Page as Page 101 1 A, No, a 1 associated with Mr. Dodd personally but who may not 2 Vince CanniStl-?arg? 2 have been With 521Mr. Dodd's lawyers other than Semmes? 4 q, Dave Bresett? 4 A. Yes, there was a gentleman there's a . 5 Na 5 lawyer in Easton but I?m forgetting his name at the 5 Joe 8 moment. We did have a conversation regarding some 7 No_ 7 stock pardon me, some potential tax loss carry 3 Q. John Veze?g? 8 forward issues and what Impact that might have on 9 A Na 9 Mr. Dodd and 52L I don?t remember the -- 10 Q. Lisa Tucker? 10 Q- Mike 11 A No. 11 A. Ithink it's Mr. Kopen. That name sounds I 12 Q, Mindy Jenkin?? 12 correct. We only had one conversation so I believe 13 A. 13 it was Kopen. i 14 Jim Kerr? 14 Q. Have you spoken With any of Mr. Dodo: 15 ND. 15 accountants other than the experts in this caseHave you spoken with Dan Mellin or anyone 18 Q. Bob Windish? 18 associated with his firmJim Grassrnan? 20 Q. Have you spoken -- . 21 A. NOI 21 A. Mellin IS Hillman, Brown? summer?n anon-aw I 25 (Pages 93 to 1.01) Corbin 8. Hook Reporting, Inc. 5 (410) zoo-sons - (ass) 33745773 iir'?Tr'E?iE 18:31 Flii-i JEIHH 01 2 2 ii a a Deposition of John Collard i Taken on November 20, 2003 . Page 102 Page 104 1 Q. I mean in connection with this se, by 1 did not bring it with him because he didn't I 2 the way. 2 think that he still had one. However we kept 3 A. I was going to say I'have made a copy of that draft and 4 conversation with anyone at Hillman, min a Darrow 4 I have brought it to Mr. Robbins's attention 5 ?warding this case. I 5 and he's marked it as an exhibit. And I just 6 Q. Do you know that ?rm for othi . reasons? 6 want the record to be absolutely clear on that Ei 7 A. I've had some dealings with I in the 7 so that there's no problem down the road. And 8 past on other issues, nothing to do. wi this issue. 8 obviously you're free to question about the II 9 Q. Have they ever been your la 3 rs? 9 report, so why don't we continueMR. ROBBINS: 11 Q. How many times have you sp with 11 Q. Mr. Collard, I'm showing you what's been :zr 12 Mr. Dodd concerning this case? 12 marked as Exhibit Number 4. Can you identify that 13 A. I don't know. The answer is i his book, 13 for me, please? 14 though. If I spoke with Mr. Dodd, ,th there is an 14 A. Yes. This was given to me just a few 15 entry in one of these entries that said either 15 moments ago. It's dated August 12, 2003. It's a 16 spoke with him or met with him. I-do - know the 16 summary report from me. 17 answer to count it up but the answer - here. 17 Q. It's a draft of the report you submitted i 18 Q. Fair enough. I?ll look through at at 18 in this case? 19 lunch actually to ?nd out for myself. - 19 A. That's correct. 20 Would it also be true that he 20' Q. Without going through it page by page, do i 21 extent you spoke to Ms. Andrew that I uid be 21 you recall what changes were made from this draft, Page 103 Page 105 if 1 reflected in the con?rmation of wo activity in 1 Exhibit 4? 2 Exhibit 1? 2 A. Without I think what you'd find is with 3 AI Thaw correct I 3 the exception of page 4 that's in this draft -- 1'01 4 Q, And would the same be tru for 4 looking at the same thing you are -- the page 4 was 5 conversatigns you had with Mr, (33; y? 5 excluded from the ?nal version. There may be a a; 6 A. That's correct. 6 couple of other spellings or typo kinds of things 7 Q. And is the Mike kopen con rsation 7 but I don't recall what they are. a reflected in that con?rmation of activity? a Q. why was page 4 excluded? 9 A. It should beWhen I gave this to them I thought this i. 10 Shguld be_ 10 was going to be my report. When somebody looked at g, 11 MR, PORCARELLI: He just . ed if it's 11 it and they asked me about what I was discussing on 12 there. 12 page 4 u- I just vaguely remember this, it was 13 I (Brief pause in the proceedi for 13 something that I was talking about I was talking 14 lunch.) 14 about things that were broader than applicable to 15 (Exhibit 4 marked.) I 15 the case, and did it really apply to the case. And 16 MR. PORCARELIJ: For the ord I want to 16 when I relooked at it, I just decided perhaps it I 17 bring to everyone's attention tr fact that 17 didn't halve ES math ?3 the 5359 50 18 Mr. Collard testi?ed earlier this orning that 18 Just dectdad I W?uid delete th? 9399- 19 he did not believe that he had married a 19 Q. Did the SemmES attorney suggest you to 20 draft of his report to counsel. - the break I 20 it Out? I 21 located a copy of such a draft. . r. Collard 21 A. No. They said to take a look at it, by i m?i?n?ui(Pages 102 to 105) Corbinehook Reporting, Inc. I (410) ass-sous - (366) 33745778