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Page 1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 08-3720CF10A JUDGE: LEVENSON STATE OF FLORIDA -vs- MICHAEL BILOTTI, Defendant. CERTIFIED COPY DEPOSITION OF MICHAEL KADOSH Thursday, April 30, 2015 2:14 p.m. - 3:31 p.m. BROWARD COUNTY COURTHOUSE 201 Southeast Sixth Street Room 670 Fort Lauderdale, Florida 33301 Reported By: SANDRA D. SUAREZ, Court Reporter Notary Public, State of Florida Bailey & Associates Reporting, Inc. Fort Lauderdale, Florida Phone - (954) 358-9090 Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128435 2 3 4 5 6 7 a 9 10 13 14 15 16 17 18 19 20. 21 22 23 24 25 Page 2 APPEARANCES: ON BEHALF OF THE STATE: MICHAEL J. SATZ, STATE Attorney BY: GREGG ROSSMAN, Esquire SASHA SHULMAN, Esquire ASSISTANT STATE ATTORNEY 201 Southeast Sixth Street Fort Lauderdale, Florida 33301 (954) 831-8029 ON BEHALF OF MICHAEL BILOTTI: FRED HADDAD, Esquire TARLIKA NAVARRO, Esquire HADDAD & NAVARRO, PLLC ,One Financial Plaza Suite 2612 Fort Lauderdale, Florida 33394 (954) 467-6767 ON BEHALF OF CHRISTIN BILOTTI: J. DAVID BOGENSCHUTZ, Esquire BOGENSCHUTZ, DUTKO, DROLL, P.A., 600 South Andrews Avenue Suite 500 Fort Lauderdale, Florida 33301 (954) 764-2500 ON BEHALF OF JOHN PACCHIANA H. DOHN WILLIAMS, Esquire DOHN WILLIAMS, P.A. 500 Southeast Sixth Street Fort Lauderdale, Florida 33301 (954) 831-8866 Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 INDEX WITNESS: PAGE: MICHAEL KADOSH DIRECT EXAMINATION BY MR. HADDAD: 4 DIRECT EXAMINATION BY MR. WILLIAMS: 61 DIRECT EXAMINATION BY MR. BOGENSHUTZ: 66 CROSS-EXAMINATION BY MR. ROSSMAN: 82 FURTHER DIRECT EXAMINATION BY MR. HADDAD: 91 NO EXHIBITS MARKED Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128437 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 Deposition taken before Sandra D. Suarez, Court Reporter and Notary Public in and for the State of Florida at Large, in the above cause. Thereupon, MICHAEL KADOSH, having been first duly sworn or affirmed, was examined and testified as follows: THE WITNESS: I do. DIRECT EXAMINATION BY MR. HADDAD: Q. What's your name, please? A. Michael Kadosh. Q. Okay. MR. ROSSMAN: K-A-D-O-S-H, correct? THE WITNESS: Yes. BY MR. HADDAD: Q. I know you live down in Miami somewhere, correct? Do you live in Miami? A. Yes, I do. Q. Okay. How long have you been in Miami? A. Since 1979. Q. '79? A. Yes. Q. Okay. And you came from Montreal? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128438 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 A. No. Q. From where? A. I came from New York. Q. Okay. I don't want to go through too much background, because I read all your stuff within the reports. know. You own some hotels still? A. Yes. Q. And you're a rabbi? A. Yes. Q. And you taught college? A. Yes. Q. Where did you teach college? A. In rabbinical college in Brooklyn. Q. Rabbinical college? A. Uh-huh. Q. I think Jackie Mason was a rabbi, isn't he? A. His brother was. Q. His brother was. That's right, he's a cantor. A. Yeah. Q. I like Jackie Mason, that's the only Jewish I A. Cantor make more money than rabbi. Q. Do they? A. Yeah. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128439 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 Q. You did pretty good. It's like you're Catholic or something. A. Yeah. Q. Any rate, you're here today -- obviously, you know why you're here. A. Yes. Q. Okay. So let me ask you a question. I read all of this stuff. How did you end up with the cops? A. Somebody called me, a detective that said that they saw me with Bilotti and they want to talk to me. Q. Okay. Now, do you recall, because this statement that you gave -- did you review this at all before you came here? A. No. Q. Okay. Well, you gave a whole long statement to Yager with Titone there. A. Yes. Q. Okay. Now, do you recall when it was that you gave this statement? A. Yes. Q. What year? A. A couple years ago. I don't remember the exact date, no. Q. Okay. Is there anything that you possess that would refresh your recollection, like, a diary, notes? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128440 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 A. No. Q. So we just know a couple years ago you went. A. They called me -- Q. Yager called -- A. -- and they told me to come in and I went. Q. Is that when you hired Titone? A. Well, I called him, and he said I should be with you. Q. Had you hired him before that? A. Yeah, he was my lawyer for long time. Q. All right. There is a $1,000 check running around somewhere. Is that what he charged you to go to this thing? A. No. I don't know what it was for. No idea. Who the check was for, I don't remember. Q. I don't know. Mike Bilotti gave you a check for a $1,000 made out to Joe Titone. A. From Mike Bilotti's account? Q. I -- A. There was our business. I don't know. Q. Yeah, but I mean it was for Joe Titone. A. Yeah, but I don't know what it was for. Q. You don't remember what it was for? A. No. Q. Could it have been for this? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128441 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 but A. No. Q. You don't think so? A. No. Q. You use Titone for other stuff? A. Yes. Q. I don't want to get into for whatever else, A. Mostly civil cases, disputes in business. Q. Okay. Now, you go to the police -- did you go to them or did they come to you? A. No, I had to go to them. Q. Okay. Well, in the beginning of this statement that you give, you and Titone are talking about the Turks, Mike Bernstein, a whole bunch of other stuff. Who was listening in to your conversation? Why is this recorded? A. I don't know. Q. Were you wearing a wire? A. No, I wasn't wearing any wire. Q. All right. Was Titone wearing a wire? A. Not that I know if. Q. Not on his head, I guess, but you don't know if he's wearing a wire? A. No, I don't think so. Q. Okay. And were you sitting in a police Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128442 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 station room when this was occurring? A. In a small room in the police station. Q. So apparently the cops must have wired the room and didn't tell you? A. I have no idea. I don't know. Q. And you never read any of this or saw this before? A. I did not. Q. Okay. Because Titone is saying to you, "you know, and when you first got sued by O'Hanna, I tried to sit down with them -- " and you say -- he says, no. And Titone said, "fuck you, we're gonna get $200,000." I said, okay. And Titone said, "they're vicious people." Does that recall any recollection to you? Who is O'Hanna? A. O'Hanna was a kid that used to work for me, and he claims he was my partner. And he was running a hostile, and then at the end, the case was dismissed. Q. Okay. A. He represented me. Q. It was also the guy that killed Bruce Lee's sister in Enter the Dragon. A. Oh, I don't know. Q. A little piece of Triva. All right. So at any rate, all of these Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128443 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 conversations are secretly recorded, as far as you know? A. No. No, I don't know. Q. Well, that's what I'm asking you. You didn't know these were recorded conversations. Do you know how long you were there before the cops came in to see you? A. How long -- Q. How long you were sitting in a room? A. I don't remember. Q. Do you know whether or not, you and Titone, in this recorded room had any conversations regarding Mike Bilotti that may not have been in the transcript? A. I don't remember. Q. Okay. Do you know -- let me put it this way. When you came here, we subpoenaed -- they gave your name as a witness, which doesn't matter, but I subpoenaed you, like, last week. A. I got the subpoena. Q. Yeah, I know. To come in and testify. Has the prosecutors or the state, the cops, anybody given you anything to refresh your recollection, tapes, papers, anything -- A. No. Q. -- about this statement that you gave? A. No. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128444 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 Q. All right. And without being too personal, you are undergoing some health issues, correct? A. Yes. Q. I know you're going through dialysis. A. Yes. Q. I think I read somewhere that you have heart issues. A. Uh-huh. MR. WILLIAMS: Is that's a "yes"? THE WITNESS: Yes. BY MR. HADDAD: Q. Now, how old are you, 70-something? A. Seventy-four. Q. Do you have any other issues? A. Health issues. Q. All health issues. Any re memory [sic] issues -- not re memory, any memory issues? Alzheimer? A. No. Q. Dementia? A. No. Q. No. Okay. All right. Now, in this tape, the police say that they have an ongoing investigation where they've continually seen you with Bilotti, do you recall that? A. Yeah. They said they saw me with Bilotti, Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128445 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 yes. Q. And they also said that they picked up conversations with you and Bilotti regarding -- that may involve a murder. Do you recall that, that the cops told you that? A. No. I don't recall that. Q. I'm sorry. A. I don't recall that. Q. All right. Did they ever play for you any tapes or any conversations? A. Not that I remember. Q. Okay. Did they ever tell you whether or not you were picked up on a wiretap? A. Did not. Q. Okay. That was ongoing. A. I don't know. Q. You don't know? All right. Did they ever -- let me put it this way: Did you ever receive a Title III Notice from the federal government at any point within the years of this investigation, advising you that you had been intercepted on a wiretap that was up and going by the feds? A. No. Q. A notice? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128446 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 A. A notice in writing, I never saw. Q. Yeah, a letter. It says, hey, you were intercepted. A. No, I didn't. Q. All right. Because they said, We wanted to give you an opportunity to discuss with us things that may have been discussed by Mr. Bilotti -- you and Mr. Bilotti, particularly concerning a couple of murders that have been mentioned. This is the first time that you ever seen these cops, correct? A. The cops in Davie, yes. Q. Yeah. I mean, you didn't call and say, hey, I got information about -- A. No. No. They called me. Q. They called you. A. We saw you with him. We want to talk to you. I didn't want to go. They said, you have to come. Q. Yeah, I understand that. Do you know how they knew that you had conversations with Bilotti regarding murders? A. I don't know. Q. All right. You don't recall what year you gave this statement, correct? A. I don't. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128447 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 14 Q. Were you ever aware of whether or not you were under a federal investigation? A. No, I'm not. Q. You weren't? A. Not that I know of. Q. Okay. Well, my understanding is that, this statement was not given over for a number of years because some federal prosecutor asked the state not to give this over, are you aware of that? A. No. MR. ROSSMAN: Are you talking about, you guys getting the -- MR. HADDAD: Yeah. MR. ROSSMAN: No, that was in reference to Bilotti. MR. HADDAD: I don't care. We didn't get it. That's what I'm saying. MR. ROSSMAN: I'm answering your question. They directed me that they had ongoing stuff on Bilotti. And I had told them, you need to tell me what you've got to tell me, fish or cut bait, because I've got to give it out in the state case. MR. HADDAD: Yeah, but it was a couple years later you gave it up. MR. ROSSMAN: Yeah, because they were Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128448 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 directing me that I would be impeding their investigation. MR. HADDAD: I don't give a rat's ass what they directed to you. It was a couple years later before we found out. Well, I'll file a motion to find it, but -- BY MR. HADDAD: Q. Do you know who the feds were that were investigating Bilotti? A. No. Q. Okay. Do you know whether or not Yedick [sic] was being investigated also? The banker, what's his name? A. Zedeck. Q. Zedeck. Zedeck -- Yedick whatever. You don't know? A. No. Q. All right. Has anyone, other than the Davie police, come to you to speak to you about Mr. Bilotti, Mr. Zedeck, anyone? A. Yes. Q. Who? A. I don't know their name. Q. Well, who are they with? A. FBI and FDIC. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128449 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 Q. FDIC. So FDIC has got something to do with banks. A. Uh-huh. Q. FBI usually has something to do with white collar issues. So it was some kind of fraud? A. They thought. Yes, I think so. Q. Did you go and talk to the cops about that? A. No, I didn't. Q. You never went before a grand jury? A. No. Q. Did you ever go to the US attorney's office to talk about anything? A. No. Q. Nothing at all? A. They came to me. Q. Okay. Well, let me put it this way: Did anybody come and sit down with you from the FBI, US Attorney's Office and others? A. I believe it was -- I don't remember exactly what, FBI or FDIC together. Q. How long did they speak to you? A. A couple hours. Q. And what did they discuss with you? A. About my dealings with the bank, Bilotti and everything. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128450 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 Q. Was that after your talked to these guys from Davie or before? A. I believe it was after. Q. All right. And did they ever show you a copy of the statement or anything else after that? A. No. Q. Did they ever suggest to you, you might be a witness in a federal prosecution? A. No. Q. Did you ever suggest to them that you were aware of criminal activity that was going on with Zedeck, Bilotti or anyone else? A. I just answered whatever questions they asked. They know everything. Q. Did they ask questions about -- MR. WILLIAMS: Whoa. Whoa. You said, they know everything? MR. HADDAD: I understand. THE WITNESS: Yeah, they basically asked me, how did I get to know Bilotti. What kind of loan I made? Do I have the documents? I said, not right now. And how did Bilotti become my partner. And about Zedeck, and I told what I know. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128451 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 BY MR. HADDAD: Q. You sound like Jackie Mason when you start talking a little faster. A. I like to be like him. Q. At any rate, did they ask you anything with Bilotti regarding the violence that you asserted? A. They asked me what happened. Did I ever see anything. And I told them what I heard. Q. Okay. Did they ever advise you that they had intercepted you on phone conversations? A. No. Q. Did they advise you that they had undercover people that had intercepted you or talked to you or aware of activities that you were involved in? A. No. Q. So all you know is that out of the blue, the Davie police comes to you, correct? A. Yes. They called me, yes. Q. And you go down there? A. (No verbal response.) Q• to you: All right. Here it is, Detective Yager says "YAGER: We're responsible for an investigation of a murder that occurred here in Davie. This is your card, Mr. Titone? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128452 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 "TITONE: Thank you, sir. Here you go. "Involving a Mr. Michael Bilotti. And we know from surveillance and investigation that is continually ongoing that you've met with Mr. Bilotti on more than one occasion. "MR. KADOSH: Yes. "YAGER: And the investigations were able to ascertain some of your conversations, but not every bit of it. And since I believe you have nothing to do with this murder -- and by no means is Mr. Kadosh a subject of any criminal investigation or nor do we have any -- MR. WILLIAMS: By the Davie police department. MR. HADDAD: Dohn, do you want to do it? MR. WILLIAMS: No. No. BY MR. HADDAD: Q. "By the Davie Police Department, nor do we have any information to believe he's involved in any criminal activity, but we wanted to give you an opportunity to discuss with us things that may have been discussed by you -- with you, by Mr. Bilotti, particularly concerning a couple of murders that may have been mentioned." Did they tell you intimate to you or in any way advise you of how they knew what your conversations were with Mr. Bilotti? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128453 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 20 A. I don't remember. Q. Did anyone -- at the time that you talked to Bilotti about murder -- and we'll get to that in a little bit, the only persons that those were discussed with would have been you, what you said that Zedeck said and what Ralph Feo overheard, correct? A. (No verbal response.) Q. Yes? A. I think so. I don't remember exactly. Q. Well, did you tell anyone so that they could have gone running to the cops that Mr. Michael Kadosh was talking about murders -- A. Well, I told when the people called me from the state office -- Q. No. No. A. -- from the police. Q. No. No. I'm talking about when you and Bilotti were having these conversations, like, when he was supposedly going to whack your son-in-law and everything, did you go tell the police? Did you tell anybody? A. I did not. Q. So all of this would have to have been something overheard, like the police said, for them to know, correct? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128454 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 A. What I said? Q. Yeah. No. No. Before that. When they came to you and said, we know from conversations that you had with Bilotti about murders, it certainly wasn't something you went and told the cops. A. No. I didn't tell. Q. You didn't tell your wife to go tell the cops? A. No. Q. You didn't tell your daughter to go tell the cops? A. No. Q. You didn't tell Feo to go tell the cops? You didn't tell anybody, right? A. No. Q. Okay. So it would have had to have come from intercepted conversations, correct? A. I don't know how, but -- MR. ROSSMAN: If they actually knew anything. MR. HADDAD: Well, that's what we're going to find out at some point within the next day or two. BY MR. HADDAD: Q. So did you have phone conversations with Mr. Bilotti where somebody might have discussed being killed? A. No, not a phone conversation. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128455 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 Q. Not a phone conversation. Okay. So you don't know whether or not they're piecing together conversations that maybe related to Bilotti or Zedeck, or other persons conversing regarding this crime, correct? A. I don't know. Q. Okay. Now, since I don't want to keep you here all day. MR. ROSSMAN: Can I ask one question about following-up on what you said? MR. HADDAD: Go ahead. MR. ROSSMAN: Did you ever tell Mr. Titone? THE WITNESS: Yes. BY MR. HADDAD: Q. When? A. When I went to the police. Q. Yeah, you told him that day. A. Yeah, I told him that. He says, you have to tell the truth. I said, that's all I'm going to tell. Q. Titone said that? A. Yeah. Q. Okay. So the only person that you have ever said any of this to, other than when you gave this statement, would have been to Joe Titone on that day when the cops came to get you -- Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128456 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 A. Yes. Q. -- and told you, you had to be there? A. Uh-huh. Q. All right. Now, let's go from there. You don't know when this statement was given unfortunately. A. No, I don't. MR. ROSSMAN: Excuse me a minute. It should be in there. BY MR. HADDAD: Q. Okay. So in there it says that you were 70 years old. You're 74 now, when are you going to be 75? A. In October. Q. All right. So it could have been somewhere four or four-and-a-half years ago, somewhere around there, true? A. Probably. MR. ROSSMAN: I should be able to get you the exact date if we don't have that. MR. HADDAD: Yager didn't put a date. MR. ROSSMAN: I was going to say, Yager should have it in his report. MR. HADDAD: It's not anywhere here. The court reporter transcribed it for me in 2014. I sent the tape over there, because I had a CD of this. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128457 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 24 MR. ROSSMAN: Before we leave today, I should be able to get you that. MR. HADDAD: Okay. BY MR. HADDAD: Q. So at any rate, you first met Bilotti and/or Zedeck -- who did you meet first? A. Zedeck. Q. And you were doing business with Zedeck with -- what is it, Trans America Bank? A. TransCapital Bank. It was called Trans Florida before. Q. Okay. You had been doing business with them for a period of years, correct? A. Twenty. Q. Three years prior? A. Twenty years. Q. Twenty years. So you knew the Zedeck brothers? A. Yeah. Q. For 20 years? A. Yeah. Q. And you had done business with them for 20 years? A. Yes. Q. Okay. And during that period of time, I know Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 you did hotels, you did different things. You had construction loans? A. Yes. Q. All of that other stuff, we don't need to get into that now. And then at some point you meet Mike Bilotti. A. Yes. Q. Did you know Mike Bilotti before you had that first business deal with him? A. I saw him at the bank a few times when I went to make a deposit, but I didn't know exactly who he was. Q. Did he have an office at the bank? A. I found out later he had an office with Zedeck's office at the bank. Q. Okay. A. The same office as Zedeck's office. Q. Right. Which Zedeck? A. Leonard Zedeck. Q. Leonard Zedeck. A. Yeah. He had it on Oakland Park. His office is the same address. Q. Okay. Now, when you first -- you were sort of a good customer of the bank. You're back and forth, and construction goes up, goes down. One day you're rich, one day you're poor. One day you can't make your Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128459 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 payments, one day you sell a building for 10 million bucks, correct? A. Yes. Q. All right. And so I take it they would float you money now and then? A. At the time, yes. Q. Okay. And then, of course, some time around 2008 the banks started having problem with money and regulations. A. Yes. Q. Because they started checking credit and doing all that other stuff, correct? A. Yes. Q. All right. Approximately -- can you put a year when you met Mike Bilotti? A. I can't. I think 2008, 2009, maybe. Q. You had seen him for how long of a period of time before that? Years? A. I had seen him a few times at the bank. Q. Did he ever talk to you? A. Yeah. He said, hello. But I didn't know who he was. Q. Okay. Did he threaten to whack you when you said, hi? A. No. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128460 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 27 Q. Okay. So he said, hello. You would talk, you would be back and forth, correct? A. Yeah, once or twice before. Q. Okay. And then there comes a point in time where, from what I read in your statement, you needed money from the bank. You needed a significant amount of money and they said that Bilotti had to be involved, correct? A. No, that's not the case. Q. Okay. A. I had a commitment to the bank to do construction for two million. Q. Right. A. They gave $600,000 and they stopped. Q. And then the other million four they wouldn't give you unless Bilotti was the one that signed, got the money and paid everybody? A. Right. Right. And he didn't pay anybody. Q. I could say it completely correct if you want me to, but I'm just trying to get the gist of it. A. Yeah. Q. If we have to go through every single part of the details, we'll be here till 6:00 tonight. A. No. Q. I mean, it's business. I'm getting to the Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128461 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 main parts. A. No problem. Q. I mean, I could save the long stuff you're on the witness stand. A. All right. Q. Okay. So what happened? How does it come about that you agree with this proposition to have Mike Bilotti take a million four that you have a commitment for, and in essence, take over your corporation and continue the construction? Why do you do that? A. I had no choice, otherwise the bank would foreclose on me. Q. You were behind? A. Yeah, I was behind and the bank said Bilotti is going to front the loan, and it will be 50/50, but the paper said 80/50 [sic], but it was 80 percent to him and 20 percent to me. Q. Yeah, we're not here on the civil case. I don't care about that. A. Well, that's what happened. MR. ROSSMAN: I care. It took him two seconds. We should get the right facts if you're going to ask him on the stand. MR. HADDAD: I didn't ask that facts. I just asked how he did it. If I want that facts, I'll Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128462 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 ask for it. MR. ROSSMAN: You said you were going to ask him on the stand. MR. HADDAD: Sure. I'm going to ask him on the stand. I don't need to go through it now. BY MR. HADDAD: Q. When they said that Bilotti was going to do this, had you spent any time with Michael Bilotti before that? A. No. Q. So you just saw this short fat guy walking around -- A. The bank had brought him and says, he's going to get the loan in his name and give him half. Q. Did you do any investigation of this person that was becoming your partner? A. I did not. Q. Were you told anything about him by Mr. Zedeck or his partner? A. I had no choice, they told me to take him and that's it. Q. Yeah, I understand you had no choice. We'll get to the no choices. A. I didn't know. I found out later. Q. No. No. Did they tell you anything then? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128463 A. No. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q• Did you know what kind of busines at the time -- A. I did not. Q. Okay. Did you know whether he had any knowledge of construction, hotels, business management? A. I did not. Q. Okay. And you signed a contract with him? A. Yeah. Q. Okay. Is that the one that Zedeck said, if you don't sign it, we're going to whack you? A. Yes. Q. Okay. And that was Zedeck who said that? A. Yeah, it was -- Bill Himes, who is the president of the bank -- Q. Right. A. -- and Zedeck. Q. And they said to you, if you don't sign this contract giving Bilotti -- letting Bilotti be this manager of this money, who's going to whack you? Bilotti? A. Well, they didn't say Bilotti. They said that they foreclose on me. I would lose everything. So I said, let me bring my lawyer. They wouldn't let me bring my lawyer. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 31 Q. Yeah, but you said that you almost had a gun put to your head and they said if you didn't sign this loan, Bilotti was going to have you whacked. A. No, he didn't say, was going to be whacked, he said that they'd foreclose on me. And that Bill Himes told me, who is the president of the bank, that Bilotti will whack me. I said, well I don't want to be whacked. Q. Bill Himes told you that, not Zedeck? A. Yeah. Yeah. Q. And that was -- A. Bill Himes is the president of the bank. Q. All right. A. He says you better sign. So I signed it. Q. Okay. But you had a lawyer? A. No, I didn't have a lawyer. Q. You just said they wouldn't let you bring your lawyer. A. They wouldn't let me bring the lawyer, right. Q. They wouldn't let you bring your lawyer. A. Right. Q. Yeah, okay. A. So I said, can I bring my lawyer, they said, no. Q. Who was your lawyer? A. Ben Jacobi at the time. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128465 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 32 Q. Okay. Now, you're there, you're going to lose -- well, you still have a building, correct, they were going to foreclose? You still had the construction going on, correct? A. No, it was stopped. Q. It was stopped, all right. Now, you signed this loan? A. Right. Q. Did you get to meet Bilotti then? A. Yes. Q. What was your relationship? A. Well, it was partner. The bank told me, he was good, so I took -- Q. Well, did you sit and meet with him? A. I talked to him many times, yes. Q. All right. You used to go to that Turkish restaurant Sultans? A. Yes. Q. And he used to come down at least once or twice a week to the building site, correct? A. No, he used to come to sign the checks. Q. Yeah, every Friday he signed the checks, I know that. I read all that. But he'd come down once in a while during the week to examine the site, didn't he? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128466 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 33 A. Yeah. Q. He took an active interest in it. A. More or less. Q. I mean, he just wasn't -- A. He didn't know anything about construction. Q. Okay. Do you know how many hotels he owned at the time? A. I don't know. Q. Do you know how many restaurants and other businesses he owned? A. Restaurants, he did own. Q. Okay. Do you know whether or not he owned the Holiday Inn in Fort Pierce? What he owned in South Beach? A. No, I didn't know. Q. Okay. So he comes down and every Friday he signs the checks? A. Right. Q. And pays the bills? A. Uh-huh. Q. Correct? A. Yes. Q. Construction is going on again. Everything is going according to plan, correct? A. Uh-huh. Yes. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128467 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 34 Q. Okay. Ralph Feo is there. Is he your contractor? A. Yes. Q. And Feo is there, and he's there on Friday's to get paid with A. Yes. Q. -- the moneys, correct? A. Yes. Q. Does the building get completed? A. It was completed, yes. Q. What year? A. I believe 2011. Q. That's after Bilotti was charged in this case, correct? A. I don't know when he was charged. Q. Didn't you look it up to see when he got arrested, you told us -- you told the cops? A. Well, later on we Googled his name, and it came all the stuff came up. Q. Well, he got arrested in 2008. Were you business partners with him in 2008? A. Not that I know. Q. And no one told you -- what year did you sign the loans? A. I don't remember, '09, '10. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128468 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 35 it? Q. You sold -- A. I sold property in '11. Q. '11, so how many years did it take to complete A. Maybe a year and a half or so. Q. Okay. So give it a year and a half, so that's 2009. In 2009 you didn't know Bilotti had been arrested? A. In 2009, I didn't know. Q. Okay. In 2011, when you sold the building, how much did you get? A. I. got from 15 million, I got a million two. Q. Okay. And who got the rest? A. Bilotti. Q. Bilotti got $14 million? A. No, he got whatever the difference was. I don't know exactly how much he got. Q. Well, you said you sold it for $15 million or did I not hear right? A. Yes, we had to pay the mortgages and all -- Q. How much was the mortgage? A. I don't remember. The mortgage was -- Q. $13 million? A. No. No, not $13 million. The mortgage was maybe $10 million, nine, I don't remember exactly the Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128469 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 36 amount. Q. How many partners were there in that besides you and Bilotti? A. That's the only one that I know of. Q. How much was there to split between the individuals? A. I don't know. I didn't see the final. Q. You didn't see the closing papers? You didn't see anything? A. They just gave me a check. He took 80 percent and the 20 percent was mine. Q. And that's your testimony? A. Yes. Q. Okay. You never saw the paperwork? A. I don't remember whether I saw it or not. Q. Did you sign the paperwork for the closing or you don't remember that? A. I'm sure I had to sign it, yes. Q. Okay. And when you signed the paperwork -- you've been a businessman for 40 years, did you read anything that you were signing? A. I did, but I don't remember the numbers. Q. What did it say? You didn't look at the numbers? A. I said, I don't remember. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128470 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 37 Q. What do you think it said, if you had to take a wild guess? A. Say what? Q. What did the numbers show? The closing documents are available. A. Well, you could get it. Q. I'm trying to test your memory right now, sir. A. well, I don't remember that. Q. You've said a lot of things that you seem to remember clearly, so I'm just trying to see if something as important as millions of dollars you would remember, that's all. A. All I remember is I got a check for a million two, that was my share. Q. A million two, okay. And so from being in foreclosure -- A. I was never in foreclosure. Q. From being close to default A. Yeah. Q. Whoa. Whoa. Let me finish my question. -- and being in a situation where you were in default, in essence, because the bank wouldn't give you the million four that you needed to complete your construction loan, you walked out with a million two when it was over? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128471 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 38 A. Yes. Q. Okay. I just want to make sure. Now, did you have any other business dealings with Bilotti other than that building? A. No. Q. So that's the whole entirety of your -- A. Of the Peter Miller Hotel. Q. I'm sorry. A. The Peter Miller Hotel. That's the hotel, the Peter Miller. Q. That's this building. Yeah, I understand. Now, I'm asking you, did you have anything to do with the Harrison? A. Yeah. Q. one? What did you have to do -- you forgot that A. No. Q. Okay. What happened with the Harrison? A. What happened with the Harrison is he wanted 30 percent of the hotel. I wouldn't give him 30 percent. Q. Who owned the Harrison? A. I did 100 percent. Q. And you got that from whom? The old lady? A. What old lady? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128472 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 39 Q. Who did you buy it from? A. I bought it from a guy in 1989. Q. Okay. All right, and what was your financial interest? You owned 100 percent of it? A. I own 100 percent. Q. Did Bilotti own any part of it? A. Yeah, he gave me a loan. He said he give me $400,000, and I had to give him a million. And then he said that the lawyer, his lawyer, which is Zedeck, which is his partner, told him that I have to give him equity, because it's illegal to take 600 percent interest. So he put in 30 percent equity that I had to buy for a million five later on. Q. Why do you have to buy the -- you needed a loan in other words? A. I didn't want to have nothing to do with him, so I had to buy him out. Q. Who? A. Bilotti. Q. Why did you have him in the Harrison to start with? A. I had no choice. Q. Why? A. The bank told me to take him, otherwise they said I needed -- I need construction loan. I said, I Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128473 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 40 don't need any construction, I just sold the Peter Miller. In a few months I will pay off and I'll have plenty money for -- no, no, take it. Bilotti has got to be your partner. So I said, okay. Q. So they told you that too, Bilotti's got to be your partner? A. Right. MR. WILLIAMS: Is that Himes too? MR. HADDAD: Huh? MR. WILLIAMS: Was that Himes too? BY MR. HADDAD: Q. Who said that, Zedeck or Himes? A. Zedeck. Zedeck and Himes were partners. Q. Now you told all of this to the FBI? A. Whatever I knew, I told them. Q. No, I'm asking you. Did you tell all of this to the FBI on how you were extorted by bank individuals? A. I think so. Q. You think so? The bank is still opened. A. Yes. Q. Those people are still working at the bank. No one has been indicted, correct? A. That's not my problem. Q. I know it's not your problem. Did anyone ask you to be a witness? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128474 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 A. No. No. Q. And how long did you spend talking to the feds about all this stuff that you're telling us here? A. A few hours. Q. Okay. And did you produce documents or did they give you documents to review to show all this stuff -- A. I didn't produce any documents. I didn't have any documents with me. Q. Did they have documents to produce for you? A. They were asking me all kind of questions, I don't remember exactly what. Q. Mr. Kadosh, my question to you is: Did they have documents for you to see? A. I didn't see any documents. Q. All right. They just came to you and asked questions out of the blue and unprepared? A. Unprepared. Q. Unprepared. The feds were unprepared with the questions they were asking you? A. Well, I don't know if they were prepared or unprepared. I wasn't prepared. Q. Okay. I'll ask it this way then. Did they ever come back to you with documents after they met with you? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128475 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 42 A. No. Q. And you've only seen them the one time you met with them, correct? A. Yes. Q. Okay. So they never, ever, as far as you know, done anything to either pull the bank's charter, cease and desist order on the bank, issue search warrants to the bank, or indict any person connected with that bank, correct? A. I'm not aware of anything. Q. Okay. And no one has ever notified you of anything or asked you if you're aware of anything, correct? A. No. Q. All right. Now, another thing that you talked about was the before I get to the good stuff of why we're here. MR. ROSSMAN: You're actually going to get there? MR. HADDAD: Some day. Maybe tomorrow, if I keep the deposition going. You don't have to break balls -- that's give me a hard time. Oh, that's right, you said fuck this morning on a depo, so I don't have to worry. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128476 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 43 BY MR. HADDAD: Q. At any rate -- A. Bilotti told me you were a ball breaker, he says. Q. Huh? A. He says you were a ball breaker. Q. Oh, who's the high price class lawyer he got? A. He said, oh, he put your fortune, he said. Took all his money. Q. Including yours too -- A. Mine and his. Q. I got your share too. A. Yeah, he took more than he got. Q. So I got to break your balls? A. No problem. My pleasure. Q. Okay. So any rate, the night club Angel. A. Yes. Q. Okay. Tell me about that? A. Bilotti came one day to me, asked me if I know anybody in code enforcement, because he had an order to close the place. Q. And that's when he paid the $40,000 to somebody? A. Yeah, and he paid someone $40,000. Q. Okay. And did you meet his lawyer Danny Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128477 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 44 Aaronson, who handled that with the city commission? A. I did not. Q. Okay. Did you know he had a lawyer named Danny Aaronson? A. I did not. Q. Okay. At any rate, he started, according to you, to tell you the story of how he got the club, correct? A. Yes. Q. And he said that he had killed this kid -- somebody killed this kid. A. Angel. Q. Yeah, I know. Somebody killed this kid Angel so that he could get the mother to give him the deed to the club. A. That's what he told me, to the best of my knowledge. Q. And he told you that? A. Yes. Q. All right. And you knew that this kid Angel was killed? A. Well, I didn't know who he was. That's what Mike said. Mike is, you know, he has a big mouth. Q. Okay. MR. ROSSMAN: Fred's told him that before Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128478 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 45 THE WITNESS: He tried to brag to scare me, because he was trying to get -- BY MR. HADDAD: Q. Must be doing a good job, because you're still here talking. A. Yeah. Q. Any rate, did you bring a bodyguard with you here today? A. No. Q. You drove yourself, right? A. At my age Q. Oh, no, you got these guys to drive you. A. At my age 75, I'm not afraid of anything. Q. Well, you were 70 then. A. Yeah. Q. What happened in five years. A. I was in good health, now I'm not. Q. Five years ago -- that bad four years? A. Yeah. Q. Should have taken up smoking and drinking like the gentiles, we do better. A. I never drink or smoke. Q. Okay. Any rate, Angel, how many times did he tell you about this Angel or is it just one story? A. No, he told me a few times that -- Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128479 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 46 Q. All right. And whenever this was in 2010, '11 or whenever you went and sat with the Davie police, you went into explicit detail about this murder in Miami Beach of this club owner, correct? A. Well, I don't remember how detailed. He just asked me if I know, I said that's what he told me. Q. Okay. And you talked about how the kid was killed by another kid. He told you, he hired someone to do it, a young guy to do it at the club -- A. I don't remember the exact details, but that he took care of them. Q. No. You gave exact details in your statement? A. Yes. Q. And you gave exact details of the mother handing over the club, everything. So after you gave this statement of an unsolved murder in Miami, how many Miami Beach police have come to see you? A. No one. Q. How many Metro cops have come to see you? A. No one. Q. How many times have you been called to testify about this murder you said that Bilotti committed? A. None. Q. So as far as you know, you have given Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128480 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 47 information about a murder that can't be solved and no one has done anything about it, correct? A. Correct. Q. Okay. And other than Yager and whatever the guy, Stolks or whatever his name is, they're the only two people you talked about this case? A. I don't remember who, but only at the police station Q. Okay. About this Angel? A. Right. Q. And there was no follow-up by anybody? A. Not that I know of. Q. All right. As a matter of fact, did the Davie cops ever come and see you again? A. No. Q. This statement, they never swore you in? It was never under oath? A. Right. Q. And at any time they've never come back to you for any kind of follow-up or any kind of anything? A. Not that I remember, no. Q. Okay. Did any FBI ever talk to you about the murder -- the supposed murder or whatever murder of this kid Angel? A. No. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128481 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 48 Q. Okay. They didn't try to connect it with any kind of axe of the bank crimes or anything else? A. No. Q. No questions asked about this at all? A. Not that I remember. Q. Did the agents, when they came to see you have this statement with them? A. Not that I know. Q. And they didn't tell you whether or not they were familiar with your statement that you had given to the Davie police? A. No. Q. Okay. Now, give me one second before I go a little further. I'll try to have you out of here. Did the Davie police ever ask you to be a witness against Zedeck or the bank president for suggesting you be killed if you didn't do anything? A. No. Q. Did they ever suggest to you to go to the state attorney's office for the extortion at use? A. No. Q. Okay. Did they ever ask you to be a witness and in essence usury of a 600 percent interest loan? A. No. Q. Whatever happened to the hotel, The Harrison? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128482 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 A. I still own it. Q. You still own it. You got a mortgage on it? A. Yes. Q. How much? A. Six-and-a-half-million. Q. Who owns the mortgage? A. TransCapital Bank. Q. Okay. And what was the mortgage when you bought it? A. When I bought it in '89, it was -- I don't remember. It was very small. Q. Okay. And you refinanced for other projects? A. Yeah. No, I refinanced it, I keep remodeling, and I financing and I remodel (sic]. Q. Okay. How many hotels do you own now? A. One. Q. Just that? A. That's it. Q. Okay. Any other projects? Apartments? Houses? Shopping centers? A. I own some other Q. Okay. What? A. I own a restaurant, a supermarket. Q. Okay. So the six-and-a-half-million helped you acquire some of these things? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128483 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 50 A. No, I had more money before. Q. Oh, yeah. You got a lot of money now? A. I'm okay. Q. I could switch for your lawyer. A. No. I don't have your kind of money. Q. Any rate, okay. So you still have a number of businesses? A. Yes. Q. Okay. How long have you had the supermarket? A. Well, it's not supermarket, it's the building where there is supermarket. Q. So you're the landlord. A. I've had building since 1993. Q. Okay. And you still dabble in real estate when you see a chance? A. I haven't dabbled anything since I got sick in the last four years. Q. All right. Now, you've been to Lefty's a number of times, correct? A. Yes. Q. And why would you go to Lefty's? A. Well, Mike invited me for lunch -- and Zedeck, so I went to meet them. First time I met them at Lefty's. Q. And that was when you were going to sign the Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128484 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 51 partnership papers? A. No, that was before. Q. Before that? A. They asked me that if they could get me financing, that I pay each one of them $100,000, which I accepted. And then they send a guy by the name LaGardi (phonetic] to come, and he came in and I was scared shit. Q. Say that again? A. Jeff LaGardi, you know who that is? Q. Yeah, I know who that is. A. And he was going to take over the property and then pay me $5,000 a month forever. I said, no. Q. And you said, no. A. I said -- I didn't say, no. But when he came in, I cried for Zedeck. I said, this guy came in with five bodyguards, they could kill somebody. I'm scared. Q. So what happened? A. And Zedeck said, I'll get you a better deal. I get you Bilotti to do it. Q. So at any rate, this guy came in with a bodyguard. You called Bilotti, you said he was some kind of connected guy, you said in your statement there. You blew him off, because -- A. I didn't blew him -- I didn't say anything. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128485 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 52 Q. You didn't do business with him? A. No, I just told Zedeck. Q. Okay. So you told Zedeck -- A. I got somebody, don't worry. Q. So you told Zedeck, you're not doing business with this guy. Zedeck and Bilotti were trying to get you the money so that they could each make a $100,000 A. Right. They asked me for $100,000 each, I agreed to pay them. But they never came through with the thing. Q. Were you in need of money at the time? A. Yes. Q. And was this at the same time before Bilotti's $1.4 million? A. About the same time. Q. All right. So at any rate, LaGardi goes out, he leaves with the bodyguards. A. Yes, he came in and he said that he and Bilotti have a lot of business, and he like to buy the hotel for his daughter. She wants to do a lesbian hotel or something like that. And I said -- I didn't say, yes or no. I just -- and so Zedeck send me contract, which I still have, that says that I have to pay back $5,000 a month. Q. But you never signed the contract? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128486 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 53 A. No, at the end, before I signed it -- I didn't want to sign it, but he go, Bilotti is with LaGardi together, so I talked to Bilotti. Q. Okay. Him, Bilotti and LaGardi are together? A. Yes. And LaGardi loaned him the money to pay you for litigation. Q. Oh, yeah? A. That's what Bilotti told me. Q. Oh, that's nice. A. He gave you $800,000 in cash. He got it because he have strip club. Q. This isn't a misdemeanor, I wouldn't have done the case. I don't take cash. A. Bilotti, you know, he said what he said. Q. Well, if Bilotti told you that, that's about as reliable as the murder story. MR. ROSSMAN: What is -- MR. HADDAD: Phillip Morris -- whatever it is. Okay. MR. WILLIAMS: The Harrison. MR. HADDAD: No, the Harrison is the one down there. (Thereupon, a discussion was held off the record.) Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128487 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. HADDAD: Q. Okay. Back on topic. there comes a point in time, to i we're here, you had mentioned tc depressed because of some stuff back from New York and there wz son-in-law, the doctor. A. Former son-in-law. Q. Huh? A. Former son-in-law. Q. Okay. Any rate, you come back from New York, you're all depressed. Where are you sitting, and where are you sitting talking to Mike? A. At the hotel, at the Peter Miller Hotel. Q. With who? A. In the lobby, him and I. Q. Anybody else there? A. No. Q. Okay. Because you said Feo heard Mike say this. A. Later on. Q. Okay. Later on. So what happens? A. What's happening is we were taking, and I told him that my ex son-in-law has been very bad with my Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128488 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 55 daughter, and, you know, I was very upset, and she has four kids, and this and that. And he says, well, if you want, I can whack him. Ten grand and I have somebody whack him. Q. All right. A. Because I have a daughter, somebody try to bother her and I had them whacked. Q. Somebody tried to -- A. And I said, hey, hold, hold, hold, I'm not going to whack my son-in-law. You're crazy, I said. I'm a rabbi. I love my son-in-law, even though he's divorced. And my grandchildren, I can't do that. He says, you're crazy. Q. You didn't read the Old Testament to him? A. No. Q. At any rate, this conversation took place in the hotel lobby? A. Yes. Q. All right. Now, I read in your statement you said, Feo heard this. A. I told Feo what Mike just told me. He said, he's crazy, you know. Q. You told Feo? A. Yeah. Q. You said in your statement that Feo heard you Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128489 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 56 say this. A. Well, I don't know that. I don't remember exactly, but I know Feo was aware. Q. Okay. MR. BOGENSHUTZ: So he may have been aware because you told him? THE WITNESS: Either he heard -- or I don't remember exactly how it happened. They all know. He said, he's crazy. BY MR. HADDAD: Q. Okay. Let me just ask you this, in your statement page 39. "So was no one else present during the conversation between you and Mr. Bilotti? Well, they were present in the lobby when he was bragging about whacking people. The contractor was present. And so, you know, he was present when he was saying he was whacking this guy, whacking that guy, we were trying to whack everybody. He was present, the contractor." "DETECTIVE YAGER: What's your contractor's name?" And I guess the court reporter got this wrong, "the cracker's name was Ralph Feo." I supposed that's Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128490 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 57 the contractor, correct? A. Ralph Feo, yes. Q. Ralph Feo was present to hear this? A. I don't think so. Q. Well, you said it. A. I don't remember. MR. ROSSMAN: But what you just read, he's talking about whacking a bunch of people. MR. HADDAD: I understand that. MR. ROSSMAN: That could be Angel. That could be other people. That doesn't mean it's this conversation. MR. HADDAD: I'm going to go to it. BY MR. HADDAD: Q. And you said that Zedeck heard it too, correct? A. Where? Q. Where he said A. Zedeck wasn't there. Q. Huh? A. No, Zedeck wasn't there. Q. Okay. So the only person that actually heard the conversation, according to you, about whacking your son-in-law -- A. No. No. Feo heard that thing when Mike was Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128491 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 58 bragging, he's going to whack this guy, whack so many people, and Feo know about the nightclub that was burnt and stuff, and he told Feo. Q. I understand all of that. My question to you is, so that we're perfectly clear, because you could only testify a certain way. The only person to hear the conversation that you had with Mike Bilotti about whacking your son-in-law for $10,000 because of his daughter is you? A. Yes. Q. It was between you and he and no one else, correct? A. Yes. Q. And you went and told Feo? A. Yes. Q. And that's it? A. That's it. Q. Who else did you tell? A. I told the guy that is no longer there, Garry Perkins, he was the -- Q. The lawyer? A. -- security guy. No. Q. All right. But Ralph Feo for sure? A. Yes. Q. Now, you told Bilotti that's too much money Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 59 or -- A. No, I told him you're crazy, I said. I thought he was crazy. We Jewish, we don't do that. When we get divorce, we get a lawyer, that's it. Q. Any rate, so that was that time. That's the conversation that you would testify to if you were called as a witness, no one else heard it? A. Yes. Q. Was it said in jest? A. I don't know. Q. All right. A. He was serious. I mean, he was serious. He told me that, my daughter, somebody bothering her and I whack. Q. Did he say what bothering her meant? A. He said somebody was harassing his daughter and he had them whacked. Q. Okay. A. And he said, and now -- and he's laughing, and he said, and now I have to pay all their lawyers to represent all the guys that -- my friends, my bodyguard, I have to pay their legal fees. Q. Uh-huh. A. Not only I have to pay Fred Haddad for me, but I have to pay the other lawyers for them. Because Fred Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128493 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 60 Haddad conflict of interest. Q. You know, at least you say it like the right way. I appreciate that. You sound just like my Palestinian clients. A. Oh, don't call me Palestinian, please. MR. ROSSMAN: No, you just said his last name properly, that's what he's saying. THE WITNESS: Well, Haddad in Arabic means -- MR. HADDAD: Smith. THE WITNESS: -- Smith. Are you Arabic? MR. HADDAD: Part. Mostly Irish and French. THE WITNESS: Irish, no. Haddad is Lebanese. MR. HADDAD: My mother's name was O'Shea. THE WITNESS: Oh, I see. But the father was Arabic? MR. HADDAD: Lebanese. THE WITNESS: Good people. MR. HADDAD: That's where I learned to make Kibana. THE WITNESS: I like Kiba. MR. HADDAD: I love it. (Thereupon, a discussion was held off the record.) Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128494 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 61 BY MR. HADDAD: Q. That's the conversation that you had, correct? A. Yes, sir. Q. And it was the two of you sitting there and he said that? A. Uh-huh. Q. Did he go into any detail about his daughter? What was happening? How it happened? Who got whacked? What got whacked? A. No, nothing. Q. All right. MR. HADDAD: I'm going to let it go for now. Dohn or whoever -- MR. BOGENSHUTZ: Do you want to do it or you want me to go? MR. WILLIAMS: I just have a couple questions. DIRECT EXAMINATION BY MR. WILLIAMS: Q. When you were interviewed by the federal authorities, where did that occur? A. I believe it occurred a little later than when the Sunrise [sic] police. Q. You said after the Davie police, but where did you actually meet with them? A. At the Harrison Hotel, in the lobby. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128495 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 62 Q. They interviewed you in the lobby? A. Well, we have a door that locks. Q. Oh, okay. A. So first I was shocked, I never was interviewed by the FBI in my life. When they called me, they said the FBI is here for you. I said, what did I do? And I was in doctor's office, so I run out and they said they want to talk to you. So I called them. Well, you want to talk to me, fine. And I called Titone, and he said, I'll go with you. So I told them, I'll gladly talk to you. What time? They stay in some other hotel, and they came in 9:00 in the morning to 12:00, three hours. Q. Okay. Let's break this down a little bit. You got a call. A. Yes. Q. You were away from your hotel? A. They called the hotel. Q. And they said that they wanted to speak with you? A. Yes. Q. And then you, yourself called them back? A. Well, the girl called me at the hotel. Before I called them,. I called my lawyer. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128496 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 63 Q. Okay. A. He says, call them and make an appointment. Q. So then you called Joe Titone? A. I called Joe Titone. He says, I'll be with you tomorrow. Q. Okay. A. Call them and tell that tomorrow morning at 9:00. Q. Okay. A. So, I called them, they said it's fine. They stay in some hotel in South Beach, and they came in the next day at 9:00 a.m. Q. Okay. So this is what I'm getting at, you said, the agents were staying at some hotel in South Beach, that's your understanding? A. That's what they told me, yeah. Q. So the indication was these agents were from out of town? A. Yes, Atlanta. Q. Atlanta. A. Okay. Q. And what agency were they with? A. I don't remember. I think it was FBI, FDIC. Q. And they interviewed you for about three hours at your hotel? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128497 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 64 A. Yes. Q. And Mr. Titone was present? A. Yes. Q. Did he sit through the entire interview? A. Yes. Q. Okay. In the hotel -- what was the name of the one that -- MR. HADDAD: Peter Miller? BY MR. WILLIAMS: Q. Peter Miller hotel, that's the one you were involved with Mr. Bilotti? A. Yes. Q. Okay. You said in that deal when it was finally sold, you netted $1.2 million? A. Yes. Q. And if I understand your earlier testimony, that you possessed 20 percent ownership in that hotel. A. Yes. Q. And Mr. Bilotti possessed an 80 percent ownership. A. Yes. Q. Okay. So if I use those figures then, you're saying that Mr. Bilotti, what, netted around $6 million? A. No. No. Because the hotel had, like, $10 million in debt. I don't know how much he netted. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128498 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 65 But he netted -- he was in control of the bank accounts, so. Q. Okay. A. I never signed the checks. He signed the checks, he signed everything. He came from the hotel business a few hundred thousand and then at the end, he got -- he got all together maybe a million. Q. Okay. But -- yeah, I'm just trying to understand how a 20 percent ownership -- A. Because -- Q. Wait a minute. Let me ask the question. I'm just trying to understand, business wise, how a 20 percent ownership nets 1.2, and an 80 percent ownership nets a million? A. I explain to you. It's very simple. Q. Okay. A. The hotel -- also I had a property behind that was called Beach Holding. Q. Okay. A. Beach Holding, they bought the hotel and Beach Holding of which I was the owner of Beach Holding. Q. So wait a minute. You were the sole owner of Beach Holding? A. Beach Holding. Q. Okay. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128499 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 66 A. $4.7 million. Q. Okay. A. So they combined the two for $15 million. So from that, they had to pay the mortgage on Beach Holding, plus what's left for me and the rest for Bilotti. Because I had another property involved in the sale, so. Q. So you had another property involved -- A. $4.7 million, yes. Q. That property sold for $4.7 million? A. No, they sold the Peter Miller and that property together for $14.7 million. Q. Oh, for 14. So, Peter Miller and the other property for 14.7. A. Right. Q. Out of that $14.7 million deal, you netted $1.2 million? A. Correct. Q. And you believe Mr. Bilotti netted a million? A. Probably, I don't know exactly how much. MR. WILLIAMS: Okay. That's all I have. DIRECT EXAMINATION BY MR. BOGENSHUTZ: Q. Okay. I have just a couple of questions. Mr. Kadosh, Mr. Rossman originally introduced Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128500 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 67 us, Dave Bogenshutz representing Christin Bilotti. A. Uh-huh. Q. Have you ever met Christin Bilotti? A. Yes. Q. Where did you meet her? A. In South Beach. Q. Where? A. She came to the hotel to have lunch with Mike. Q. Okay. When was that? A. During the time that Mike was partner in hotel. Q. Okay. Was she present during any conversations that took place? A. No. Q. Have you ever talked to her about anything? A. No. Q. Did you know that her name was Christin, until I just told you? A. No, I know her name. Q. How many times had you seen her, besides that time? A. Maybe once, twice. Q. Same thing? A. Yes. Q. Comes with her father, has lunch, does Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128501 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 68 something like that? A. Yes. Q. Ever have any conversation with her on those -- A. Oh, you're talking about the daughter or the wife? Q. Daughter. A. I only met -- I met the daughter at Lefty's. She never came to the hotel. I thought you said the wife. Q. Well, that's the reason I asked you about Christin. A. Oh, because I don't know. I got confused with the name. Q. That's why I asked you if you knew her name. A. I met her -- the daughter I met at Lefty's, at the restaurant. She served us. Q. Okay. Again, same question: At Lefty's, ever have a conversation with her? Was she ever present when you and Mr. Bilotti had any conversations? A. No. Q. Okay. Now, as I understand this, and I want you to be very careful about your answer, because it's going to -- obviously, we believe you're trying to tell the truth, or at least as much as you know. You had one Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128502 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 69 conversation, one conversation with Michael Bilotti where he talked about having to have some kind of a -- strike that. Having taken care of a fellow who was giving his or harassing his daughter, correct? A. Yeah, that's one time. Then when I was at the restaurant, I remember now, with her, he told me, that's the girl the guy was bothering. Q. That's the daughter? A. Yeah. Q. Let's go back to that though. The conversation about hurting, whacking, killing, whatever it was, this guy that was giving her a problem or so he said, happened one time and it was when you and Mr. Bilotti were together, without Mr. Feo, without Mr. Himes A. No. Q. -- I'm going to get to some other people. Without Mr. Zedeck, without anybody else from the bank, that one conversation, correct? A. Yeah. Q. Now, I want you to tell me, as best as you can, the exact words that Mr. Bilotti A. I don't remember the exact words. Q. I just said, as best you can. That's why I Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128503 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 70 just said, as best you can. A. Yeah. Q. The exact words that Mr. Bilotti used with respect to his daughter. A. What he said is that somebody was bothering his daughter, harassing his daughter, and he had them whacked. Q. Okay. And that's it? A. And that's what I remember to the best of my knowledge. Q. And you didn't respond in any way? A. I was shocked. Q. You didn't respond in any way, did you? A. I said, oh, my God. But I don't respond. What am I going to say? Q. Did you say, what do you mean, whacked? What do you mean? What happened? A. I know what whacked is. He uses whacked every minute. He's going to whack this guy. He's going to whack that guy. That's the language -- how his language is whack and "F" you, that's all. Q. Very simple question, Mr. Kadosh. A. Yes. Q. You didn't ask him anything about the comment, correct? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128504 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 71 A. About the what -- no. Q. The comment that you just discussed. A. No. Q. You didn't ask him anything about why he would suggest that to you? What are you talking about? Anything like that? A. Why I would suggest what? Q. To you, why he would suggest something like that to you about having this fellow whacked? A. Well, because he wanted me to believe that he could do that to my son-in-law. Q. And that's your assumption based on the kind of conversation you had, fair? A. Right. Because when I told him about my son-in-law, he said, if you want me to kill him -- Q. Is Bill Himes still the president of the bank? A. Yes. Q. Is he still there at the bank, at that location? A. Yes. Q. Okay. You're back talking to the FBI. A. Right. Q. When you're telling them all of these things that Mr. Haddad and you discussed, did they ever ask you to wear a wire? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128505 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 72 A. No. Q. Did they ever ask you to make any kind of connection with Mr. Himes, Mr. Zedeck or Mr. Bilotti at all? A. No. Q. So basically, they sit down with you in your hotel, and for three hours you tell them all this stuff, and that's the last you hear -- A. They asked me a question and I answered. Q. Excuse me. A. Yes. Q. That's the last you hear about it? A. Yes. Q. Correct? A. Yes. Q. And you think that was after you talked to the Davie police, correct? A. Yes. Q. And several years ago? A. Yes. Q. Okay. Mr. Haddad also asked you about Mr. Feo, and he recalled your attention, as best you could, because you haven't seen this, to a statement you made during your actual tape recorded statement that we have, about Mr. Feo being present. He recalled your Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128506 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 73 attention to, I think page 36 or 37. Do you remember telling him on page 30 that when Bilotti was saying, quotes, "whacking this guy. Whacking that guy." That the contractor was present? A. Yes. Q. Do you remember telling them also that the contractor was Ralph Feo? A. Yes. Q. Okay. And you remember describing him as being a principal in RN Construction? A. Who? Q. Mr. Feo? A. Yeah. The contractor, yes. Q. Okay. Do you remember telling him that Mr. Feo was also there when Bilotti said something in the lobby of the hotel about Angel? A. Yes. Q. Mr. Feo was there at that point too? A. And Feo was familiar with the Angel case. Q. Okay. And how he got him whacked and that he was bragging, right? A. Yes. Q. Okay. When you talked to the federal agents, did they talk to you about this particular case? Or if they didn't ask you questions, did you tell them about Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128507 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 74 this case? A. I didn't volunteer anything, no. Q. Did they ask you questions about -- A. I only answered the questions. I don't remember what I answered. Q. Did they ask you questions about this case? A. I don't remember. Q. When the agents were taking the statement from you, they were taking it and taking notes, weren't they? A. Yes. Q. Have you ever seen the notes? A. No. Q. Do you know whether or not those notes were ever given to your lawyer? A. Not that I know of, no. Q. Okay. MR. BOGENSHUTZ: I'm going to make a request at this point, Mr. Rossman. MR. ROSSMAN: I'm listening. MR. BOGENSHUTZ: For any 302 MOI's or any type of notes given by the FBI that your office has. MR. ROSSMAN: I can tell you, we don't have any. MR. HADDAD: Davie may have them. MR. ROSSMAN: I asked Yager about that. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128508 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 75 MR. BOGENSHUTZ: And Yager said? MR. ROSSMAN: Yeah, they don't have anything. THE WITNESS: They were more interested in the bank than Bilotti. BY MR. BOGENSHUTZ: Q. Okay. Were you aware that this statement that you were giving, back at the time that you were talking to the Davie PD was videotaped? A. No. Q. Didn't they tell you? A. I don't remember what they told me. Q. Right in the middle of the statement. A. It was in empty room and that's all I know. Q. Okay. A. Small room with me and -- Q. Do you remember Mr. Titone saying, I'm a little confused about how long it may take to get a copy of the statement. And Mr. Yager saying, sometimes we turn the video to the state attorney. Do you remember him saying that? A. I don't remember, no. Q. Okay. And then Mr. Stokes -- Detective Stokes saying, they may keep it as a video, then we'll just give you a copy -- meaning, Mr. Titone. A. No. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128509 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 76 Q. But certainly you never seen a copy of that, correct? A. No. Q. And you've never had a copy of your A. I don't remember. Q. -- statement that we now have here, even though you may not have read it? A. No, I haven't read it. Q. State attorney's never gave you a copy of it, whether you've read it or not, fair? A. No. Q. Okay. In that statement you said that you had not had any more meetings with Bilotti, because you hadn't seen him in a few months, as of the date of the statement. A. Well, if that's what I said, that's what it was. Q. Well, I'm assuming that's what you said. It was given to us by the state attorney. A. Well, I guess. Q. Ever since that time, since the date of this statement, have you seen Mr. Bilotti? A. No. I don't remember. I haven't -- since the day I saw him last is when we did the closing on the sale of the hotel. That's the last time I saw him. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128510 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 77 Q. Okay. That's even easier then. So if that incident is already described in here, since the date of the statement -- and I say, "seen", you have not seen or talked to Mr. Bilotti, correct? A. No. Q. How about Mr. Himes? A. Yes. Q. Okay. When was that? A. I talk to Himes Q. When was the last time you talked to Bill Himes? A. A month ago. Q. Okay. And when was that? A. I believe February or March. Q. Of 2015? A. Yes. Q. Okay. And what was that for? A. We refinanced the hotel. Some notes came in and amounts and note for Bilotti, I have to pay it. Q. Did you have to discussion with him about Mr. Bilotti and about the same incident that you talked about before? A. I did not. Q. Mr. Himes told you, did he not, as far as your Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128511 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 78 testimony is concerned, that he had told you that you needed to sign these papers or Bilotti was going to whack you? A. That was long time ago, yes. Q. Okay. About the loan papers, right? A. Yes. Q. At Lefty's? A. Yes. Q. Correct? A. No, he wasn't at Lefty's. Q. It wasn't back in the back at Lefty's when that took place? A. No. The back at Lefty's was Zedeck, me and Bilotti, only the three of us. Q. Okay. Then lets's talk about Mr. Himes. A. All right. Q. Mr. Himes saw you where? Was it at the bank when you were going -- A. It was at the bank, yes. I was at the bank, yes. Q. Okay. But you remember specifically -- A. Yeah, I remember. Q. -- Mr. Himes saying, sign it or you're going to get whacked -- A. Get whacked. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128512 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 79 Q. -- by Bilotti? A. By who else? Q. Well, did he say Bilotti? A. Yes. Q. Okay. Feo wasn't there at that time? A. Who is Theo? Q. Ralph Feo. A. No. Q. Okay. Mr. Bilotti's bragging, and the things that he was doing all the time, like you told the police, always bragging. He's going to whack this guy. Gonna whack that guy -- those words. A. Yes. Q. Did you ever see a gun? A. I never saw a gun, no. Q. Ever show you a gun? A. No. Q. Ever talk about a gun? A. No. Q. Ever have anybody with him that carried a gun? A. Not that I know of. Q. Or any weapon whatsoever? A. No. Q. Okay. Was it Mr. Himes that you had the conversation with about wanting to know if you should Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128513 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 80 bring your lawyer and he said -- A. It was Mr. Zedeck. Q. Mr. Zedeck. Mr. Zedeck said, no, you bring your lawyer, we're going to foreclose on you? A. Right. Q. All right. Is anybody else present during that conversation? A. Just -- Q. Just you and Zedeck? A. Yes. Q. Okay. And all during this time when he's talking about this one incident with his daughter, he never mentioned the name of the person, correct, that had actually done any shooting whatsoever? A. No. Q. Or any whacking -- A. No, he just said that he had some people do it. And now he has to pay their lawyers, because they have no money. He has to pay them for the job they did. And he said, I have no money, I have to defend them or else they can squeal on me -- something like that. Q. Wait. Wait. Wait. Now you're throwing things in on me. Otherwise he might squeal on me. When did that come up? A. Well, I said -- at the time, I said, why do Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128514 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 81 you have to pay for them. He said, well, they have to be on my side -- to that effect. Not exact words. Q. What happened to the word "squeal"? Where did that come from? A. I said that. Q. Have you done that any other time in this statement? A. No. Q. Told us things that you're telling us that you assume as opposed to what somebody may have said? A. What I said is -- in the context that he was telling me, to tell me that he has to pay their legal fees because, you know. Q. Okay. Mr. Bilotti -- you knew, Mr. Bilotti to be kind of a bragging guy, because he wanted to show you he was macho, right? A. Yes. Q. No question about that in your mind, right? A. No. He brags a lot. Q. Wanted to be a big macho-looking-guy, right? A. Yeah, he is big. Q. Wanted to be and looked at by you as a big macho guy? A. Yeah. Q. Okay. I'm going to ask you a question about Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128515 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 82 something Fred just asked. We're talking about times and dates here that aren't really on here, although Gregg has said he'll give us the date. But if this was about four years ago, and you were 70 -- A. Uh-huh. Q. -- does that seem about right, about four years ago this statement is made? A. Possible. Q. Titone pretty much knew how old you were, didn't he? A. Yeah. Yeah. He doesn't know, I don't tell anybody unless you ask me. MR. BOGENSHUTZ: Okay. That's all I got. THE WITNESS: Okay. MR. HADDAD: I'll save it for when you're on the stand. Okay. Gregg, just so I'm limiting it right here. The only thing you're going to ask him on the witness stand is that one conversation? MR. ROSSMAN: Wait a minute. CROSS-EXAMINATION BY MR. ROSSMAN: Q. The name John Pacchiana mean anything to you? A. No. Q. Don't know who that is? Never heard it Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128516 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 83 before, right? A. No. Q. The name Richard Corbin, does it mean anything to you? A. No. Q. Wayne Palazzola mean anything to you? A. No. Q. Name Richard Rojas mean anything to you? A. No. Q. Eddie Arce mean anything to you? A. No. Q. Okay. Thank you. MR. HADDAD: So I know when I do motions, we're limited to that one conversation, that one time -- MR. ROSSMAN: I, on my case and chief, plan on eliciting that statement, yes. That's it. You were talking about cross-examining him on a whole bunch of other stuff. MR. HADDAD: Why should I open the door? I know what opening the door is. MR. ROSSMAN: I know. MR. HADDAD: I'm questioning to what you're doing on direct. MR. ROSSMAN: What I believe is relevant Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128517 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 84 the only thing I believe is relevant -- MR. BOGENSHUTZ: Be very specific about this. MR. WILLIAMS: Yeah. MR. BOGENSHUTZ: You say, that statement, and we've had a couple of different statements. MR. ROSSMAN: Nothing about Angels. MR. BOGENSHUTZ: Tell me exactly. And have the record reflect, exactly the statement that you expect to elicit from him in trial. MR. ROSSMAN: Where he testified and he answered Fred's questions about him and Mr. Bilotti being in the lobby by themselves -- MR. BOGENSHUTZ: Okay. MR. ROSSMAN: -- about the conversation about him talking about his son-in-law and his response to that, that's it. MR. HADDAD: Nothing else? MR. ROSSMAN: That's it. Nothing about Angels. Nothing about whacking this guy, that guy, other guys. Nothing about Zedeck. You may think all Of that is relevant by the questions you're asking, you may or may not, I don't believe I can go into that, because it's improper in my case in chief for me to get into that stuff. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128518 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 85 MR. HADDAD: I understand. I'm just asking, just in case the judge has a different idea or something comes up with you, because you could fuck up anything, I just want to make sure I ask all the questions. MR. BOGENSHUTZ: I'm sorry. I don't mean to beat a dead horse here. But the statement that you're talking about with specificity is, that my daughter had somebody who was harassing her, bothering her, so I whacked him or had him whacked, period? MR. ROSSMAN: But obviously they're sitting in the lobby. And he's talking about his son-in-law and his daughter, and she's depressed, and Mr. Bilotti volunteering, I can have him whacked. Give me $10,000, I'm going to have him whacked, like I did my daughter -- this guy was harassing my daughter. And he's like, oh, my God. No, we don't do that. MR. BOGENSHUTZ: But that's it about the statement about the daughter? MR. ROSSMAN: Yeah. That's it. MR. BOGENSHUTZ: Okay. MR. WILLIAMS: Well, wait a minute. He also says in his statement that he wasn't there, he Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128519 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 86 says. MR. ROSSMAN: He has -- he hasn't been asked about that. You're talking about what Mr. Bilotti says to him. MR. WILLIAMS: As part of that conversation, let me get to it -- MR. BOGENSHUTZ: Whether it was asked or not, Gregg, are you going to bring it up? MR. ROSSMAN: Wait a minute. MR. BOGENSHUTZ: That's the problem. MR. ROSSMAN: No. No. No. That's not the problem. You've been practicing, as you guys said, a 100 years -- listen, you took the man's deposition, you have his recorded statement -- MR. HADDAD: We haven't released him yet. MR. ROSSMAN: You've got his recorded statement and you want to know what I'm going to ask him. I'm going to ask him about that incident. That capsulated time about when he says, my daughter is having issues, and what Mr. Bilotti says in response to him, and that's it. Whatever that is, out of that, out of this, out of the recording, that's it. No more. No less. MR. WILLIAMS: Let me just make my record here, okay. At page 19 of his statement -- of the Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128520 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 87 transcript of his statement, and I assume he's talking about the same incident, because they jump around. And I'll put it in proper context. Here is what he's saying: "QUESTION: And in mentioning that you say, he mentions just like he had problems -- that his daughter was having problems -- "ANSWER: Right. "QUESTION: And he took care of it? "ANSWER: Yeah, and he took care of him. "QUESTION: Did he ever mention the name of the kid -- "ANSWER: No. "QUESTION: who he took care of? "ANSWER: No. I say, you did it? And he says, I didn't do stuff myself. He said, I don't do stuff myself. I wasn't there. I made sure I wasn't there." And then Mr. Kadosh responded and said, "it scared the shit out of me." MR. HADDAD: That's somebody else's thing. MR. ROSSMAN: That capsulation. That part of the conversation. MR. WILLIAMS: Okay. Perfect. That's all I was asking. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128521 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 88 MR. ROSSMAN: Yeah. And I'm not limiting -- obviously, you guys aren't limited to just what I'm limited to. MR. WILLIAMS: No. No. MR. ROSSMAN: But I'm saying, in my case in chief, what I thought the fear of it is, that I'm going to get into character evidence of Mr. Bilotti about Angels, shakedowns all that -- none of that, I don't believe any of that, in fairness to Mr. Bilotti, is relevant to our issue for July 13th. MR. WILLIAMS: But the part I read you're saying is relevant? MR. ROSSMAN: Yeah, it's part of that conversation. MR. WILLIAMS: That's all I want to know. I'm not arguing with you. MR. BOGENSHUTZ: And I'm going to ask you this, with respect to that, and talking about the capsulated whatever it is. MR. HADDAD: How come you guys have a different thing than I do? MR. BOGENSHUTZ: On page 11 a comment is made by -- allegedly by this witness, that this guy was bothering his daughter a lot and he had to get rid Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128522 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 89 of him, and then he got some lawyer. Talked about the lawyer, some fancy lawyer. And that he paid him a lot of money. MR. ROSSMAN: He's mentioned that here in the depo. I remember that. MR. BOGENSHUTZ: So that's part of this, quote, capsulated group of questions -- MR. HADDAD: No, you can't bring up that he got a lawyer. MR. ROSSMAN: That he hired everybody's lawyers? MR. BOGENSHUTZ: That's coming up, as far as -- MR. ROSSMAN: I would think, yes. Again, I think that is all I think you follow that. MR. BOGENSHUTZ: And then the next thing is, whatever he testified, he changed his story. Talking about this individual who was a witness. He said, this witness -- whatever he had testified, he changed his story so this way he will not -- whatever he said at first, he changed it. So this way Bilotti will not go to jail, because he changed his story to make him go away. Is that coming in? Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128523 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 90 BY MR. ROSSMAN: Q. Do you remember Mr. Bilotti saying that? In that same context, sitting in the lobby, is that where you -- MR. BOGENSHUTZ: We can't get set up on this. MR. HADDAD: No, I understand that. MR. ROSSMAN: There is no set up. You got the details -- MR. HADDAD: I got what he was going to testify. You're going to go into the witness -- now I've got to go depose him some more. MR. ROSSMAN: I'm not going into I'm answering Dave and Dohn's questions. MR. HADDAD: Well, are you going to bring up -- I thought you were just limiting it to the gun -- to whacking the kid. MR. ROSSMAN: I'm limiting -- MR. HADDAD: This is about tampering with a witness, not threatening to whack another witness. If you're bring that up, let me know. MR. ROSSMAN: I think you should move in limine to keep that out if you want that out. I think that's in context in the same exact conversation. Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128524 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 91 MR. HADDAD: All right. Let me ask you a question -- MR. ROSSMAN: Orally make that tomorrow -- or tomorrow you may not have enough time. FURTHER DIRECT EXAMINATION BY MR. HADDAD: Q. Okay. Let me go through this with you for a minute again. In that same conversation, after he said he got some fancy lawyer, he paid a lot of money and that he had a witness -- some guy was going to be a witness and he changed his mind so the case is going to go away, right? A. Yes, sir. Q. Did he describe who the witness was? A. No. Q. Did he ever tell you who the witness was? A. No. Q. Did he tell you what the witness was going to testify to? A. No. Q. Did he ever tell you that there was any witnesses against him? A. I don't remember. Q. And do we know whether or not anyone had cut a deal -- well, we need the date, so we could limit who Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128525 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 92 this might have been. MR. ROSSMAN: Right now, Yager believes that it's -- he's saying that the CD is placed into property 5/25/11. So he believes that is the closest. 5/25/11 -- originally he said 5/25/11 when the CD went to evidence. Palazzola is after that. MR. HADDAD: They're all after that. MR. BOGENSHUTZ: Yes. MR. HADDAD: So this could only be Arce. There is no other witness. MR. ROSSMAN: Whoever you want it to be. MR. HADDAD: No, I'm just asking. Okay. I just wanted to know that. So, I'll keep that out, but if it -- MR. ROSSMAN: And actually, he's saying, yes, at conclusion, I placed statement into property 5/25/11. So that's the date. That's what Yager will testify that that's the date. MR. HADDAD: Ask Yager about the wiretaps, so I could -- MR. ROSSMAN: I have talked to him about that already, there are no wiretaps. He had no pervious information from the FBI or anyone else. MR. BOGENSHUTZ: What about the comment about, Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128526 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 93 we have parts to conversations? MR. ROSSMAN: He did not have any. MR. BOGENSHUTZ: Okay. All right. MR. ROSSMAN: He had been tipped off that Mr. Kadosh was an associate of Mr. Bilotti, all right. So he went to Mr. Bilotti in that regard. In fact, after I told them to share this, even though the feds wouldn't speak to me or share anything with me, I told them to share this with the feds. That's how the feds got this copy. We're off. (Thereupon, the Deposition was concluded at 3:31 p.m.) Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128527 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 94 THE STATE OF FLORIDA, COUNTY OF BROWARD. I, the undersigned authority, certify that MICHAEL KADOSH personally appeared before me on the 30th of April, 2015 and was duly sworn. WITNESS my hand and official seal this 6th day of April, 2015. IIIDTC4 0ic g IIIIII ' e. 0,, a 4 wea OO`e ti , -won ra ZA Court Repoftei-n Notary Public - 'State of Florida My Commission # FF204037 Expires February 26, 2019 Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128528 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 95 CERTIFICATE The State Of Florida, County Of BROWARD. I, SANDRA D. SUAREZ, Court Reporter and Notary Public in and for the State of Florida at large, do hereby certify that I was authorized to and did stenographically report the Deposition of MICHAEL KADOSH; that a review of the transcript was not requested; and that the foregoing pages, numbered from 1 to 93, inclusive, are a true and correct transcription of my stenographic notes of said Deposition. I further certify that said Deposition was taken at the time and place hereinabove set forth and that the taking of said Deposition was commenced and completed as hereinabove set out. I further certify that I am not an attorney or counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected with the action, nor am I financially interested in the action. The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or direction of the certifying reporter. DATED this 6th day of April, 2015. E', Court Reporter Bailey & Associates Reporting, Inc. 954-358-9090 EFTA01128529