Text extracted via OCR from the original document. May contain errors from the scanning process.
Fm FEDS-E16529
11f14f2 3 004f035
24
A Absc: ely.
Simii ly, sir, February you're telling the jury
that $10,867
A
is 60 percentuiz
E)
Okal
actually put 1
retainers.
when Mr.
posting revenL .
something
Tuoker.
A
in your
has the
for and
A
1996 in
Kerr;
front:
And
Yesg
And:
Yesg
Yd
the?
No..
12 percent of a negative $9,696?
ilarly you are telling the jury that 6,000
a negative 9,953?
t?s your testimony?
Let's take a look at the, what you've
his chart in terms of these unearned
nderstood, I think you understand that
ted his financial statements when he was
what he received from the company is
lled a sales summary that came from Lisa
hear that testimony?
?ve seen examples of that both today and
ns and so forth. It's a written grid that
invoice number, a reference to what it's
date paid when it's paid, etoetera?
have your set of billing summaries for
you?
PEHEAD I 1-531-631-Ei?
FCIFIJ 2'194
11f14x?201318204107133832? 0053035
. 25
MR. hL EACH: Can we have for the witness
Exhibits 3A, me' going to use 3A through We?ll
start, let'a :ha do them one at a time.
BY be. ALSPACH:
I?m?ha ding you what?a been marked as Plaintiff's
Exhibit 3A. Yb have that Mr. Garvey?
A Yes;
Now.b he identified that as an example of some
type of billiub ummary Mr. Kerr would receive from the
company? i
A Yead
Now t1 5 one happens to be for the whole year,
correct? Jantb: through the last page I believe it?s
December, corrpt
THEwtc RT: or ?96?
MR. b: PACH: Yes, Your Honor.
THE RT: Okay.
BY QR. ALSPACH:
So uh this one was made up the company knew
whether or nod ymente had been made on their invoices for
the entire year, correct?
A Yeed
Nowgw Mr. Kerr received these summaries they
would be on aim thly basis because he needed to do a
finandi statement, correct?
PEHEMZI - -ms
Hanna-:94
11f14f201318208 F331
4101133332? JUHH DUDE QUEHUEE
26
i
A Yes.i
Sc he would receive a summary and
I
sometimes whe
blanks for whE
you would get
that correct?
A It's;
Welj?'
says. Now on
unearned reta:
January of 199
A Yea;
Canl
A Yesi
0 Does?.
A
that summary 1
A No.
various finan:
A
presented to I
is for a reta?h:
Saysi.
My due
Thizi
Yesd
Not!
would receive that summary there would be
rr or not payment had been received because
nt?s take a look at the summary and what it
a document that was given to Mr.
summary before payment had come in, is
pr chart here your first entry of an
is invoice number 960001 for $5,000 in
find invoice 960001 on the sales summary?
say anywhere on that sales summary this
itial payment.
.tion, sir, was does it say anywhere on
. is for a retainer?
Kerr,
statements, isn't it, sir?
hstanding that it doesn?t, it wasn?t
Kerr as a retainer, it was paid, wasn?t
FCIFIHEIJM
'l'lf'l?x?ECI'lE 18:410733832?
JDHH
it?
January wasn't?'
A
And i
Unearned retai;
the company, 1;
A Yes.i
And 2
booked some oil
A No,
booked some o1
been booked Mr.
I?m
your opinion.
any doeuments i
company that
him or you who
A Don
looked at but:
.?eates it was paid January 23,
27
1996.
.as actually booked in January and paid in
Ir testimony was that's an example of an
that was used to inflate the revenues of
that because you think it should have been
time, other than January?
nt's because, well it should have been
time other than January. It should have
the revenue was earned.
3n was the revenue earned on that invoioe?
Kerr know, sir?
I in my opinion needed to ask or inquire.
asking your opinion right now. You gave
at I want you to tell me is, have you seen
all your searohes baok there from the
given to Mr. Kerr that would have shown
his income was aotually earned?
Kerr would have
TIC).
DDTIDEE
mam
10:00 FAR 4107033002? JDHH 0000 000E035
23
1 And Mr Kerr was deing eempilatien statements
2 wasn't he, sin?
3 A Yes.;
4 I mean te de a compilation statement yeu rely
5 upen the inferma ien that's previded by the cempany tn the
6 is it, sir?
7 A That: ene ef the things, yes.
3 Let?: ente the nest unearned revenue, unearned
9 retainer en chart. $2,500. DD yeu see (inaudible)?
10 A Yes
11 New the sale summary fer inveiee 960008 dues
12 that refer to . word retainer anywhereyeur Chart, isn?t it?
15 A Yes,?: is.
16 New alse was paid, wasn't it?
17 A It paid in February, the end 0f February.
13 Se first twe the cempany actually get the
19 m?ney fer thede irst twe entries, didn't they?
20 A Yesi
3 Let?s te February inveiee number 0016. Ian
22 see that in yeu February summary Mr. Garvey?
23 A I
24 Dee: werd retainer appear anywhere en the
25 sales summary?
I 1-310-631 49E
FIJFIH 21194
11f14x?2013 10:00 FAH 4107033002? 0000 003E035
a 29
1 A No.
2 And ihjt was also paid, wasn't it?
3 A Yes.
4 And it was also paid in the same month, wasnLet'e go onto the next entry we have here which
3 is the entry 960024 for March 14, do you see that?
9 $6,000 correct? ir?
10 A Yes
See px?er sales summary?
12 A Yesd
13 And t1?t one actually does say initial retainer
14 doesn't it?
15 A YesL
15 It aha: was paid, wasn't it?
17 A It paid in April of ?96.
13 Let's go on to 960046, May 30?, do you have that
19 one there?
2D A Yes.
3 That?:s also for a initial retainer for a
22 controller po?i'non wasn't it?
23 A Yes:
24 Andii' was also paid wasn't it?
25 A In Llu
1-531-331-569
F-DFIHEQEH
113?14x?201310200 FHA
JDHH 0000 [?0103035
30
And "5 go onto 960047. Initial retainer,
oorreot?
A Yes
Pair aen?t it?
A In st.
960( initial retainer, you see that?
A Yes
It a paid wasnonto 960063, we're in July now, July
ll?. Retained =llas and (inaudible) do you see that?
A Yes
ThatE we a big one, $75,000, wasn't it?
A It ?5 $75,000.
And i was also paid in the same month, wasn't
it?
A It A paid July 15?.
And; -n on July 15? there was another retainer
wasn't there? i 008?? I?m sorry, 960067.
A 67. s.
Now: :t doesn't say retainer, does it?
A No.5
Butl ardless it was also paid in the same
month, waen?ti'
A It paid July EBHH
i
I 1-520-531-655?
PEI-11.132391-
11f14x?201310200 FHA
4101033032? 0000 011E035
31
August we?re now in August 960072.
A QkayL
Reta?n r, investment services, do you see that?
A
And th was also paid, wasn?t it?
A It wee paid August 22?.
Samegr nth, correct. And finally we're down to
960082, correct?
A Yes
$10,0t initial retainer? Do you have that?
A Yes?
It also paid, wasn't it?
A It ma: paid in October.
And p: we have, we're into September now,
960004, do yeti: that?
A Yes.1
Retail $3,000, that was paid also wasn't it?
A In mber.
Okag. And then we have nothing until December
and when you ?e ified on Friday I think you particularly
pointed out t?a $100,000 retainer 960118, do you remember
that?
A Yesl
Andgy said this was the one that another Chart
you had up showed recorded as sale without support or
i
i
I 1-6141-531 ?553
FDFIH 2W4
11f1?f2013 JDHH [?01
EIUSE
some reference?
A Yes.
Now ?c
it, sir?
A It?sio
It
A Yes
And i
A Not:
Jane
didn?t it?
A Yes;
So
month of, or
unearned retamhe
the company go
A At 1
WelE
it got in the;
A Yes.
But
inflating the;
company actuai~
A Coui
he that. Do you recall that?
starters 960118, it's not a retainer, is
of three payments.
says payment two of three, doesn't it?
fact it was paid, wasn't it?
il January.
7 1:11 I
1997. The company got the money,
Garvey isn?t it true, sir, that for the
the year of 1996 all of the supposedly
actually were paid to the company and
ll that revenue?
point, yes.
thin 1996 except for the very last one and
st week of January?
remains your testimony that Mr. Kerr was
enues of the company. Even though the
got the money? It's a yes or no.
on ask the question again?
ins your testimony that Mr. Kerr was
Fm
mm
11f14f2913 19:410193992?
JDHH
inflating the
retainers.
actually get
A Yes
Let?
1997 up there?
A
questiens abe1
at the year er
A
leek at the bet?
accerding te yeI
negative 519,3
A Yesd
New;
retainers that
fer 1997.
sales summary.
A Ne,
Letlhe
A Whecb.
Let's
recerding ef
Yealk
Okajk
Yeun
The
it}
33
is enues ef the cempany by rec?rdi?g
.Is yeur testimeny. Even theugh the cempany
:eek at 1997. Mr. Prejectienist is that
a aside Mr. Garvey geing back te my
he chart yeu presented fer 1996 if we leek
sir?
ef August 1997, cerrect,
art is telling us, is it net that, let me
percentage ef menth inceme,
chart $19,400 is 100 percent ef a
sir?
cerrect? On yeur chart,
"s take a leek at what happened with these
claim were unearned and inflated revenues
'rst ene is 970037, de yeu see that yeur
a?m serry yeu need 1997. De yeu have ?97?
:s is just ?96.
hand that te yeu. It?s BB.
I'm serry my fault.
ake a leek at 1997, Mr. Garvey, yeur first
unearned retainer is fer March, de yeu see
0135035
PEMEFEI - 1-600-531
Fem-1m
11f14f2013 410?83832?
JDHH 0000 [?01
4f035
that in the an:
A Yes.
Now i
A
You?
April of ?97,
A Yes;
$100
A Yes;
And?
A It
And 0
retainer for
A C611:
And:
A In 0
Let?
because you ca
actually paid 0
to understand
accounting.
wasn?t paid uri:
your looking a
income for Jun
Yes,g;'
34
of $4,000?
at was paid also, wasn?t it, sit?
w'paid in June.
June there was a report of an unearned
I00, Correct?
wasn?t it sir?
just stop you there for just a second
gnue to point out which month it was
And that's fair enough. But I?m trying
theory of your complaint here about this
just told us that $5,000 retainer for June
a couple of months later. So by way of
'hings that $5,000 should come out of
right?
doesn't really have anything to do with
I 1%
FINE-12094
11,314,5201310210 FAH
JEIHH 015E035
35
the date it?s pa d.
Butugn-r testimony is that $5,000 shouldn?t be
included in Juh? because it wasn?t earned in June?
A That}s correct.
But don't know when it was earned, do you?
A No.?
And'hi Kerr didn't know when it was earned, did
he?
A Prohsk not
you just testified and confirmed from the
chart that if p: go back one month the $10,000 retainer in
April, 0052, see that sir, the $10,000 retainer in
April? 5
A Aprid hf?
I
A Oh, gel
paid in June, wasn't it?
A Yea;
So if ie change the accounting procedure so that
instead of boo
were invoiced,
were paid, the
chart,
A No,
You'
correc?
the retainers in the month that they
were to hook them in the month that they
~5,000 would come out of June on your
nisagree with where you are going.
f?t know where I am going yet,
sir.
m- 1-500-335-5205?
FORM 3354
11f14f201310210 FAH
410?00002? JDHH 0000 E0103005
36
A Yes,?1 do.
if we beeked them en the menth they were
paid instead CE
eeme eut ef the
$5,000 retainer
net be shewn an
A The L.
53.00
A I?m t1
the jury se. a
I k?im
want tn knew if
te de that banal
they are paid 01
weuld have ten%
weuldn't we?
A That?
New
$3,000 eerreet?
A Year
It
A Yesi
We a0:
A Yesd
It he.
he menth they were inveieed, $5,000 weuld
eerreet? Because yen just teld us it was
June was paid in September. Se it weuld
une weuld it?
sir?
answer that questien, weuld yeu,
ing te answer it. I den't want te mislead
well, we'll get inte that later. But I
5,000 is remeved from June and we?re geing
we're geing te heek the retainers when
tead ef when the inveiee gees eut, then we
$10,000 frem April and put it into June
right.
'3 ge ente August. We have retainer 0093.
paid, wasn?t it?
have retainer 0094. $8,400, eerreet?
paid wasn?t it?
1-503-631-6539
11f1?1f2013 10:410103032? 0000 01?,?035
37
A Yes..
Reta0n 0098, $3,000, it was paid wasn?t it?
A Yemi
Retmintr 970l05, $5,000 it was paid, wasn't it?
A Yes.
We 0 September we have 0110 for $5,000. I'm
sorry, I'm wrjnu $1,000, correct?
A Yes
Andnt. was paid wasnNovember 0144, $10,000 that was
paid, wasn't it1
A Yes
155.5 a
A Yes
156,; s:
A Yesi
also paid was?
A Yes.;
the year of 199'
testimony as uhc1
all those rete
didn?t they, ad:
SD (313'.
paid, wasn?t it?
all of the retainers for the month, for
that you characterised under your direct
rned revenue that inflated profit figures,
-rs in fact became cash for the company,
in 1997?
FEHEAEI
11f14f2013 10:10 FAH 410103002? JDHH 0000 0103035
33
1 A Yes.i
2 0 Let'e 'eek at the 1990, Mr. Garvey. And I think
3 I need te giveEEru a new exhibitapelegize te turn my back an you, but
6 the dynamics he-w are each I have te. I'm geing ta give
7 you a new exhuh and 1?11 take that other one back. I
3 think we're dehu with that.
9 A It?ei 15 Due
10 There Du go. And we have 1998 up there, right.
Same exercise a I'll try te meve as quickly as I ean.
12 January, $15,001! number 16 paid, correct?
13 A Hele? a see. 16 paid? yes.
14 Febrha there was ene retainer in the amount cf
15 $10,000.
15 A I thdii that was March.
17 I'm hairy, yeu?re right, it?s March. I
13 apelegize. Met: a retainer in the ameunt ef $10,000,
19 eerreet?
20 A Yeea
21 Paieg, a ight?
22 A Yes.%
23 A rat .ner in the amount 0f 5,000 that was paid,
24
25
FWD 1-520-331-6595
roman-04
10:11 FAR 410T03002T JEIHH 0000 010E035
39
1 Anouha' retainer in the amount of $,5000, that
2 was paid, waankt it?
3 A Yea
4 Anodhei retainer in the amount of $10,000 in
5 Maroh and thatim a paid, wasn?t it?
5 A Yes
7 Let's go to April, retainer amount of $5,000
8 paid, wasn't at"
9 A April
10 0 Numta: 0075.
A Yeah
12 And hl bar 0077, $7,100 that was paid also?
13 A YES.
14 0 In apaii?
15 A
15 0 And the retainer number 00057, $500 that was
17 paid, wasn't 0:1
18 A Yes, . was.
19 And ;etainer finally in that month for $17,500
20 that was it?
3 A
22 Now to May whioh is our next set retainer
3, amount of $5,301 that was paid, wasn?t it?
24 A Yes.
25 And a Ietainer in the amount of $3,000 that was
1-830-631-Em
11f14x?2013 18:11 FAH 4107033832? UEUHUBE
40
1 paid wasn?t it? Nd, I'm that was deleted, wasn't it?
2 A Yes;
3 New 1; ?s leak at that one. What ddes it say?
4 That wasn?t far retainer was it, sirearly warning subscriptidn.
5 0 De any idea what that is?
7 A Yes
8' It?siiwt a retainer though, is it. It's a
9 magazine subscrimtidn wasn't it, sir? A newsletter
1o subscriptidn??
A I bei::ve it was a, yes. Electronic (inaudible).
12 And tH? dne beldw that which was alse deleted yDu
13 have an there a: an unearned retainer that was also a
14 newsletter wasn't it?
15 A Yesd
16 And we get back to actual retainers we?re at
17 dne for E13, and that was paid, wasn?t it?
13 A YES.:
19 And we have 118 for $12,000 that was paid, wasn?t
20 it" i
21 A Yesd
22 And Egg June we have a retainer fer $6,00 paid,
23 correct? I
24 A I hiwej?t fdund it but I'm sure it was.
25 And tl- next Dne $6,000 that was paid, wasn?t it?
1-500-631-5535
410103002? JDHH 0000 021E035
41
A Which number is that, sir?
0 That it 148
A 148.; es, that was paid.
And tI-n we go to July, 156, that was paid,
wasn't it?
A Yesa
And we go to 165 for $5,000 that was paid, wasn't
it?
A YesE
And 16 for $6,425, you see that one?
A Yes;
That -as paid, wasn't it?
A Yes;
Then go to September and we have one for
$1,000, see ttet'
A Septer-er, 1,000, yes.
That v?s paid in that month, wasn't it?
A Yes;
And the next one below it, $4,000 that was
paid also, waah? it?
A Yes.
is one for $30,300 and that was paid,
wasn?t it?
A Yes?
And have one for $4,000 that was paid wasn?t
FEM 9-
FCIFIH EDS-4107033002? JDHH 0000 @0223035
42
it?
A Yes.
0 313,60 that was paid, wasn?t it?
A Yesd
Octdhe we have one for $6,216. Paid, correct,
sir?
A Yes, i 1999.
0 0n as: ary oorreot?
A Yeah
And we have one for $5,000 that was paid, wasn't
it? I
A Yes.
And tr finally in November we have one for
$1,000 and that as paid, wasn't it?
A YES.
0 Now fa some reason there was this retainer for
$10,000 in Augps that I skipped at the bottom of the line
for some reason,1 number 180, $10,000 in August, that was
also paid in as st wasn't it, sir?
A What: the number, sir?
180'
A 180, 3 s.
So do in 1998 all of the retainers that were
recorded as revs
cash to the ocm?
us were paid by the clients and became
ny. The company received it, didn't it,
1-300-531-5969
Panama:
'l'lf'l?h?E?'410703932? 0000 023:035
43
air?
A Yes.
Let?s fake a leek at 1999. Yeu have a retainer
fer $3,000 in CC 5 that wae paid, wasn?t it air?
A I ddn' knew I den't have it.
I?m ed ry, yeu?re right because I didn?t give yeu
Exhibit SD.
A All riJht. Yes.
We hawt a retainer for $12,000, 0020, that was
paid alse wasn?t:it, sir?
A Yes.
0 And we jump then te February and we have 0040 for
$5,000, eerreet?
A Yes
Andqm- that paid?
A No
Thatgu a deleted, wasn't it?
A Delete: in June
You hf-w what that means?
A De Izl aw what deleted means?
0 Rigl't
A Of cpmree.
WelM c; you knew what deleted in June means?
A Yes.
In Thiha All right let?e ge en te
PM I 1-500?531-6353
2094
11f14x?201318212 FAH
?messes? 024:035
44
Maroh. $3,000' orrect?
A Okan
Was At paid?
A Yes
And for $12,500, paid, correct?
A Yes
And for $21,250. Now do you see that one
there?
A Yes.
That: ze was not paid. That was, it said deleted
in August didn
A Yes
Now ?n Mr. Kerr got this statement. this
summary did it
A No.
It mu
doesn?t it?
A Corr
And
sometimes shor
for that month
MR.
BY tut-R .
If ?o1
?Hy anything about that being a retainer?
says plaoement of Patty (inaudible)
Kerr got this summary in March or
thereafter to do his finanoial statement
Objection.
ALSPACH:
know. Do you know when Mr. Kerr got
I 1M1-EBH
maze-a
11f14x?201310212 FAH
410103002? JDHH 0000 025E035
45
A No, I on?t
THE E0IRT Reatate your question.
MR. I'll go on, Your Honor.
BY MR. ALSPACH:
Let'a No on to the next month is June, correct?
I?m sorry we Mia right It's only April. $100,000
retainer. 0006 on see thatD
A I do.
That was paid, wasn't it?
A Yes.
Then'ua have 0071. $2,500 that was paid, wasn't
it?
A I oam' tell from this printout here.
Well lpt's, mine indicates it was paid but we?ll
just leave that 'n limbo since yours is not clear.
A Okay:
Then go $5,000, 0075, and that was paid wasn?t
it?
A No.
That v05 deleted in June wasn?t it?
A Correc
And there is a retainer for three positions,
it was also do
A
0
YES.
So
15
'2th i
fed in June,
correct?
month there was a $5,000, a $15,000
Fm- 1m1-eaag
FCIFIH 211-91
11f14x?201310212 FAH
4101030021
JDHH 0000
retainer that
I did skip Jur
particular meI
ene, twe, thre
that?
A Yes
And i
A Weli
And
and one fer $2
net,
yes,
the qua
990147?
A Yes.
Let'
A OkaE.
A YES
Ther
A Yes.
And
is that
A 912':
it's aett
Rig
get a retainer fer $5,000,
a prebably an easier way fer this
ry were all paid, weren't they?
?n in July yeu have a retainer fer $5,588
ry en the next sheet.
46
net get paid, eerreet?
He en te July.
did I skip June?
De yeu see these retainers fer
Garvey.
Let me hand yeu. There's
eur, five retainers in June.
De yeu see
YES .
'50, eerreet?
den't see that ene en this sheet. Oh,
Yes, it was paid and
air? I believe yeur addressing
That ens did net, that ene was net paid
1-5113-5145933
FCIHHEIEH
11f1?1s?2013 10:10103002?
JDHH 0000
and deleted,
fer July bette
0147 and it say'
it says en yeu
paid,
paid?
was paid,
paidYes
0h,
Pla
Yes
And
correct
YES.
And
Yes.
And
Yes.
And
Yesd
And"
cerrect'
cerceny
t1
Se
47
ect? Because if yeu leek en yeur chart
what happened there?
that's true.
-acement fell threugh?
I leted in July.
king at the bettem line ef July befere
placement fell through. Isn?t that what
serry I didn?t see that. Yes, sir.
ht fell through?
in August we had ene fer $3,000 that was
ItEmber we had one fer $5,000. Was that
,Octeber we have ene fer $15,000 and that
Nevember we have ehe fer $1,250 and that
December we have ene 0236 that was also
uDu see that 00236 teward the hettem?
027'3?035
FEM 1-310-531-5565
FCIFHIE 21:94
11f14f2013 10:3035
4101838321 JDHH 0000 [?023
43
A Yes.
I'll tnke that one back from you. Now we're
almost through
what?s in evio
that, sir?
A Yes
0 You
2000?
MR.
3E is your sun
MR.
2000. We neec
THE
MR.
THE
BY
Okay
exercise real
income and log
A I
0 Just
for February
A Yes.
And
A Yes.
31'
IWJECTIDNIST:
CC
retainers for $12,000 correct?
.RT:
wke a look at February.
hre Mr. Garvey. I?m going to hand you
as Plaintiff?s Exhibit 3E. Do you have
3E up Mr. Projectionist? BE in the year
That?s not Plaintiff's 43.
Okay, I gave you the summary for
I'm sorry, sir.
RT: He's got that up.
Is that it?
Yeah, that?s it.
ALSPACH:
e're finally in 2000. Before we do this
.ck let me bring your attention back to the
ine for this year. Do you see that, air?
There was income
correct?
. 1-303-631-6959
F43an
11f14f2013 18:meanness? 0000 [3233035
49
And chart is representing te the Ceurt and
the jury that $1*,000 is 447 percent cf $53,609?
A Yes, i. is.
And in January we had an inceme of $5,050, right?
A Yes
And we have retainers that menth cf $14,200,
ccrrect?
A Yes.
And y: chart is representing that $14,200 is 36
percent cf isn?t it7
A Yes.
In
A Yes.
We 1
A Yes.
And
percent cf $11
A YES.
New
$14,148, ccrre
A YES-
And
A YES.
And
percent had income cf $17,036, correct?
retainers ef $31,884,
right?
chart represents that $31,884 is 53
HE, doesn't it?
-April we had a less fer the menth ef
have retainers cf $21,900, right?
?r chart is representing that $21,900 is 73
-gative $14,148, isn?t it?
PENIS-WU 1
FDFIH 2119-1-
11f14f2013 18:3035
JDHH 0000 [?030
leek at August. August yeu had a less
fer the menth cf $59,538, isn?t it?
A Yes
And we have retainer inceme that menth 0f $4,320,
cerrect?
A That'w cerrect.
And ye yeur chart represents a $4,320 is 1,378
percent ef the
A
happened in tt
That was paid,
fer whatever
I think the as
secend page ar
is page ene at
page twe. See
A YesWel] I
was it? Beca:
YES.
Letwgative $59,538, is that correct?
Fake a leek at the retainers and what
~ear 2000. First ene is 0002, $10,000.
wsn't it, sir? New I think yeu need te ge
en when the Plaintiff's put this tegether
page, the first page is linked te the
.eu have te flip te the secend page which
hen yeu ge back to the first page which is
lat I mean?
?2 fer $10,000 that was paid, wasn't it?
tell frem leeking at this.
?t tell frem that ene?
_n?t have a payment date.
certainly wasn't charged back by the bank
there?s a celumn fer charge backs,
W-
11f14f2013 18:410183832?
JDHH 0000
@031
3035
carrect?
A Ccrrec
And 00
charged back ta
A ND.
Retailw
back, was it?
A ND.
New rE'
page, yeu had the
presented tn
being a retair
A I
was presented
You
calls it is,
Analysis, isn'
A Yes,
It:
it?
A Nat
And
being a retair
Search and rep
A ND.
dc
pk at the description ccmment.
H5 retainer far
There is ne
he campany was
0017,
ainer 0026,
$12,000,
51
charge hack listed.
$4,200 that was never
it?
that was charged
which is back an the first
in yDur chart but the sales summaries
Kerr,
dces it, sir?
frant of me.
hat what it says?
are it dcesn't,
$420,
either,
ing, cerrect?
DD.
dces it?
was charged back.
say anything aheut a retainer,
It says,
that deesn?t say anything absut that
I dcn't have the sale summary that
What it
,rcject Ccllecticn and
dces
dcesn't say anything absut that
public records
FENEAEI 1-533-631-5959
11f14x?201310213 FAH
4101030021 JDHH 0000 032E035
52
I'm asking what it reperted, what the
substance cf th transacticn was, it was public records
search and repel ing, correct? And then it was charged
back.
A That the description or the cemment that was
en the decumert
Rigtt And then there was a 513,00 charge hack
descriptien was
A Yes.
0 And
A Okay.
What
A It
It
It says informa1
descripticn is
A That
And
dces say it's
A Yes.
It's
A Yes.
And
A ND.
Then?
t1
a.
DE
i
t}
lacement of Jack Butler, cerrect?
in I guess we?re in April, 0037.
ppened to that cne, sir?
charged back.
n't say anything aheut a retainer dces it?
Isn't that what the
en ccllecticn.
what the descripticn here is, yes.
we have 0038 and that has, that meme
etainer, ccrrect?
retainer?
sir?
was net charged back was it,
have 0040, $2,500 that was charged back,
18:14 FAH JDHH 0333035
53
1 ccrrect?
2 A Yep
3 It cesun*t say it was a retainer, dees it? It
4 says, recerds sea
5 A Cerrec
6 And tlen we have 0045, $13,000. And deesn't shew
7 that was charge: back, dces it?
a A Ne. Ircuse me, ne.
9 0 Se st uhat peint we?ve gene threugh, in May and
10 June we didn?t twve anything, ccrrect?
11 A That?: ccrrect.
12 But t]*n in July twe retainers were
13 $2,473 and You see that?
14 A YES.
15 And i] August a retainer fer $4,320 was recerded,
a
15 cerrect-
17 A Yes.
13 These ere alsc retainers, again retainers that
19 are being rectrc-d intc inceme en the date the inveice gees
20 cut, cerreet?
21 A Yes.
22 0 New M. Garvey in July and August cf 2000 was
23 the CPA deing financial statements fer the eempany?
24 A I?m nc- sure
Yeu'rt net?
25
Pm I
11f14f201310214 FAH
4101033002? JDHH 0000 034x?035
54
A N0. I believe it was Mr. Kerr, but I eeuld be,
or Ms. Andrew, cuse me
Well c:n we confirm that? Can I have JKB,
please? The fin ncial statements. I'm gcing tc shew ycu
what?s been mark
and JK3C. Yen
A Okay.
And
cf Jane
A Yes
And
fer the cempan
A
0
Ms.
And
statements far
A Dces
dcesn?t say.
Thar
repcrt cn it,r
A ND.
And
A If
eutside acceur
All
financial rep:
rd and is already in evidence as JKBA, JKBB
I
these?
se are the financial statements for the
luly and August 2000, right, sir?
June was dcing the financial statement
as Andrew.
July was
dcing the financial
is me ccver sheet here. It
doesn?t have a cempilatien
shculd, shculdn't it?
provided it for the ccmpany as an
t.
eht.
And are ycu aware that was a
previded the ccmpany by Ms. Andrew?
PEHEFDI Hansen-m
FURL-12091
11f14f2 3 13 13:41'31'83832?
55
A I hawe he idea
Hew ahnut September, excuse me, the menth ef
August, whe lhe CPA whe did the financial statement?
A Lis? -:drew.
And tn t?s the same Lisa Andrew that yeu
interviewed as E:
cerrect?
A Yes.
And
Of 331, SEI (?nm
A Cerrec
And f1
qualified certi'
A As a:
And j]
retainers in
were inveiced.
A
MR.
switch gears
THE
yeu te finish
MR.
THE
minutes until
Yes,
AK
i
.:ed public
Yes, I appreciate that.
RT: At 10:30. Se it's new twenty
:00. We'll stand in recess until 11:00
rt cf yeur investigaticn inte retainers,
same Lisa Andrew whe became the President
dihle), cerrect?
.m all the infermatien yeu had was a well
acceuntant, wasn't she?
as I knew.
:t like Mr. Kerr she recerded these
menths when they were earned, when they
Idn't she?
.PACH: Yeur Hener, if I may I?m geing tc
Would this he a cenvenient time tc?
It weuld be. I actually wanted
:t line befere we teek the recess.