Anwar et al v. Fairfield Greenwich Limited et al

Filing 1451

JOINT PRELIMINARY TRIAL REPORT. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, PricewaterhouseCoopers Accountants Netherlands N.V., Pricewaterhousecoopers L.L.P., Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A - Plaintiff's Witness List, #2 Exhibit B - Defendant's Witness List, #3 Exhibit C - Deposition Designations)(Barrett, David)

Exhibit A

Privileged & Confidential
Plaintiffs’ Draft 11/13/15
Subject to Revision

EXHIBIT A
Plaintiffs’ Witness List
PLAINTIFFS
1. Bach, Martin (live)1 – background, investments in Funds and damages; significance of
PwC’s audits to reinvestments and holding investments; and other topics from deposition
2. Al Shirawi, Najla (live) – background, investments in Funds and damages; significance
of PwC’s audits to reinvestments and holding investments; and other topics from
deposition
3. Mallis, Anthony (may call) (live) – background, investments in Funds and damages;
significance of PwC’s audits to reinvestments and holding investments; and other topics
from deposition
4. Saif, Abdul (live) – background, investments in Funds and damages; significance of
PwC’s audits to reinvestments and holding investments; and other topics from deposition
5. Marshad, Ali (live) – background, investments in Funds and damages; significance of
PwC’s audits to reinvestments and holding investments; and other topics from deposition
6. Pollock, Duncan (live) – background, investments in Funds and damages; significance
of PwC’s audits to reinvestments and holding investments; and other topics from
deposition
7. Routhier, Richard (live) – background, investments in Funds and damages;
significance of PwC’s audits to reinvestments and holding investments; and other topics
from deposition
8. Hessel, Amir (live) – background, investments in Funds and damages; significance of
PwC’s audits to reinvestments and holding investments; and other topics from deposition
9. Kaufman, Alon (live) – background, investments in Funds and damages; significance of
PwC’s audits to reinvestments and holding investments; and other topics from deposition
10. Hatgis, Natalia (live) – background, investments in Funds and damages; significance of
PwC’s audits to reinvestments and holding investments; and other topics from deposition

1

In the event a witness is not available to testify live, his or her deposition testimony may be
used.

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Plaintiffs’ Draft 11/13/15
Subject to Revision

11. Kessell, Simon (live) – background, investments in Funds and damages; significance of
PwC’s audits to reinvestments and holding investments; and other topics from deposition
12. Wiener, Laurence (live) – background, investments in Funds and damages; significance
of PwC’s audits to reinvestments and holding investments; and other topics from
deposition
13. Wind, Michael (live) – background, investments in Funds and damages; significance of
PwC’s audits to reinvestments and holding investments; and other topics from deposition
PLAINTIFFS’ EXPERTS
14. Carmichael, Douglas (live) qualifications as per CV and deposition – expert testimony
regarding the various ways in which PwC’s audits failed to satisfy the applicable auditing
standards; the role of an independent auditor of financial statements of investment funds
and the significance of such audits
15. Feinstein, Steven (live) qualifications as per CV and deposition – expert testimony that
certain trades tested by PwC contained impossible and nearly-impossible execution based
on the prices reported by BLMIS and the supposed volume that PwC understood that
BLMIS was trading
16. Robert Lindquist (live) qualifications as per CV and deposition – expert testimony that,
based on the fraud risk factors known to PwC, a competently conducted investigation
would have revealed that the trading information provided by BLMIS was inaccurate
17. Leitner, Anthony (live) qualifications as per CV and deposition – expert testimony that
the information and documentation provided by BLMIS regarding its purported option
trading on behalf of the Funds should have raised concerns and led to further
investigation, including contact or verification with counterparties
18. DeMario, Marianne (live) qualifications as per CV and deposition – expert testimony
regarding the “net equity” method of calculating damages; description of “purchaser
damages” and holder damages” and how damages are calculated under each category
19. Krys, Kenneth (live) – testimony concerning the database of transactions in the Funds
FAIRFIELD GREENWICH
20. Lipton, Dan (live) – background information regarding Fairfield Funds and BLMIS;
existence of fraud risk factors; retention of PwC as auditor; scope and importance of

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PwC’s engagement and expectation that PwC was confirming the existence of the Funds’
assets; distribution of audit reports to shareholders; and other topics from deposition
21. Tucker, Jeffrey (live) – background information regarding Fairfield Funds and BLMIS;
existence of fraud risk factors; communications with investors; scope and importance of
PwC’s engagement and expectation that PwC was confirming the existence of the Funds’
assets; and other topics from deposition
22. Noel, Walter (live) – background information regarding Fairfield Funds and BLMIS;
existence of fraud risk factors; scope and importance of PwC’s engagement and
expectation that PwC was confirming the existence of the Funds’ assets; and other topics
from deposition
23. Piedrahita, Andres (live) – existence of fraud risk factors; scope and importance of
PwC’s engagement and expectation that PwC was confirming the existence of the Funds’
assets; and other topics from deposition
24. Vijayvergiya, Amit (may call) (live) – background information regarding Fairfield
Funds and BLMIS; existence of fraud risk factors; communications with investors; scope
and importance of PwC’s engagement and expectation that PwC was confirming the
existence of the Funds’ assets; and other topics from deposition
25. Blum, Robert (may call) (live) – background information regarding Fairfield Funds and
BLMIS; existence of fraud risk factors; communications with investors; scope and
importance of PwC’s engagement and expectation that PwC was confirming the
existence of the Funds’ assets; and other topics from deposition
26. Zhang, Nancy (may call) (live) – background information regarding Fairfield Funds and
BLMIS; existence of fraud risk factors; communications with investors; scope and
importance of PwC’s engagement and expectation that PwC was confirming the
existence of the Funds’ assets; and other topics from deposition
27. McKeefry, Mark (may call) (live) – background information regarding Fairfield Funds
and BLMIS; existence of fraud risk factors; communications with investors; scope and
importance of PwC’s engagement and expectation that PwC was confirming the
existence of the Funds’ assets; and other topics from deposition
28. McKenzie, Gord (may call) (live) – background information regarding Fairfield Funds
and BLMIS; existence of fraud risk factors; communications with investors; scope and

Privileged & Confidential
Plaintiffs’ Draft 11/13/15
Subject to Revision

importance of PwC’s engagement and expectation that PwC was confirming the
existence of the Funds’ assets; and other topics from deposition
29. Dell’Arena, Anthony (may call) (live) – background information regarding Fairfield
Funds and BLMIS; existence of fraud risk factors; communications with investors; scope
and importance of PwC’s engagement and expectation that PwC was confirming the
existence of the Funds’ assets; and other topics from deposition
CITCO
30. Meijer, Folgert (Ger-Jan) (live) – concerns raised by the structure of the Funds with
BLMIS serving as trader, broker, and custodian leading to a lack of segregation and no
independent verification of the financial information provided by BLMIS; alternative
audit procedures available to address the concerns raised by the Funds’ structure;
testimony regarding PwC’s audits of the Funds; and other topics from deposition
31. Verhooren, John (by deposition) – concerns raised regarding the structure of the Funds
with BLMIS serving as trader, broker, and custodian leading to a lack of segregation and
no independent verification of the financial information provided by BLMIS;
communications of concerns with PwC, and reliance on professional performance of
PwC; and other topics from deposition
32. Cova, Anuschka (by deposition) – concerns raised regarding the structure of the Funds
with BLMIS serving as trader, broker, and custodian leading to a lack of segregation and
no independent verification of the financial information provided by BLMIS; frequency
of interaction and communications of concerns with PwC, and reliance on professional
performance of PwC; and other topics from deposition
33. Van Nijen, Albert (by deposition) – concerns raised by the structure of the Funds with
BLMIS serving as trader, broker, and custodian leading to a lack of segregation and no
independent verification of the financial information provided by BLMIS; alternative
audit procedures available to address the concerns raised by the Funds’ structure;
testimony regarding meetings with BLMIS and PwC; testimony regarding reliance on
PwC’s audits of the Funds; and other topics from deposition
34. Boonstra, Renger (by deposition) – concerns raised by the structure of the Funds with
BLMIS serving as trader, broker, and custodian leading to a lack of segregation and no
independent verification of the financial information provided by BLMIS; knowledge of
investment discretion exercised by BLMIS and representations made to Irish Stock
Exchange; interactions between Citco and PwC in administration of the Funds; and other
topics from deposition

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35. Smeets, Christopher (by deposition) – concerns raised by the structure of the Funds with
BLMIS serving as trader, broker, and custodian leading to a lack of segregation and no
independent verification of the financial information provided by BLMIS; testimony
regarding PwC’s audits of the Funds; and other topics from deposition
36. Van Zanten, Michel (by deposition) – concerns raised by the structure of the Funds with
BLMIS serving as trader, broker, and custodian leading to a lack of segregation and no
independent verification of the financial information provided by BLMIS; alternative
audit procedures available to address the concerns raised by the Funds’ structure;
testimony regarding PwC’s audits of the Funds; testimony regarding involvement in
meeting with BLMIS and PwC, among others, and related communications with PwC;
and other topics from deposition
37. Ma, Viona (may call) (by deposition) – concerns raised by the structure of the Funds
with BLMIS serving as trader, broker, and custodian leading to a lack of segregation and
no independent verification of the financial information provided by BLMIS; alternative
audit procedures available to address the concerns raised by the Funds’ structure;
testimony regarding PwC’s audits of the Funds, and professional communications
between Citco and PwC in furtherance of PwC audits of the Funds; and other topics from
deposition
38. Keunen, William (may call) (by deposition) – concerns raised by the structure of the
Funds with BLMIS serving as trader, broker, and custodian leading to a lack of
segregation and no independent verification of the financial information provided by
BLMIS; alternative audit procedures available to address the concerns raised by the
Funds’ structure; testimony regarding PwC’s audits of the Funds, and communication of
Citco concerns to PwC; and other topics from deposition
39. Lokhorst, Bert (may call) (by deposition) – concerns raised by the structure of the Funds
with BLMIS serving as trader, broker, and custodian leading to a lack of segregation and
no independent verification of the financial information provided by BLMIS; alternative
audit procedures available to address the concerns raised by the Funds’ structure;
testimony regarding PwC’s audits of the Funds, and communication regarding same with
Citco; propriety of third-party confirmation of Fund transactions; and other topics from
deposition
40. Luckmann, Larry (may call) (by deposition)– concerns raised by the structure of the
Funds with BLMIS serving as trader, broker, and custodian leading to a lack of
segregation and no independent verification of the financial information provided by

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Plaintiffs’ Draft 11/13/15
Subject to Revision

BLMIS; alternative audit procedures available to address the concerns raised by the
Funds’ structure; testimony regarding PwC’s audits of the Funds; interactions with PwC
in performing obligations; and other topics from deposition
THIRD PARTIES
41. Watson-Brown, Scott (live) – testimony regarding the site visits to BLMIS; the planning
and performance of audit procedures conducted by PwC Bermuda’s audit team in
connection with auditing the Kingate funds’ financial statements; and other topics from
deposition
42. McGowan, Linda (live) – testimony regarding the site visits to BLMIS and Friehling &
Horowitz; and other topics from deposition
43. Berman, Gil (live) – testimony concerning his analysis of the purported trading on behalf
of the Funds; and other topics from deposition
44. Geigel, Susan (live) – testimony regarding the Deposit Trust Company; and other topics
from deposition
PWC NETHERLANDS
45. Smit, Gerrit (live) – the initial engagement of PwC Netherlands to audit the financial
statements of the Funds and provide audit opinions to the Funds’ shareholders; the
planning and performance of audit procedures conducted by PwC Netherland’s audit
team in connection with auditing the Funds’ financial statements; and other topics from
deposition
46. Van Veen, Daniel (live) – the planning and performance of audit procedures conducted
by PwC Netherland’s audit team in connection with auditing the Funds’ financial
statements; and other topics from deposition
47. Villoria, Sylvie (live) – the planning and performance of audit procedures conducted by
PwC Netherland’s audit team in connection with auditing the Funds’ financial
statements; and other topics from deposition
48. Hartkamp, Eric (live) – the planning and performance of audit procedures conducted by
PwC Netherland’s audit team in connection with auditing the Funds’ financial statements
49. Hage, Cornelius (live) – the planning and performance of audit procedures conducted by
PwC Netherland’s audit team in connection with auditing the Funds’ financial
statements; and other topics from deposition

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50. Meijnders, Chris (live) – the planning and performance of audit procedures conducted
by PwC Netherland’s audit team in connection with auditing the Funds’ financial
statements; and other topics from deposition
51. Gertsen, Fred (live) – the planning and performance of audit procedures conducted by
PwC Netherland’s audit team in connection with auditing the Funds’ financial
statements; and other topics from deposition
PWC CANADA
52. Bergeron, Lisa (live) – the planning and performance of audit procedures conducted by
PwC Canada’s audit team in connection with auditing the Funds’ financial statements;
and other topics from deposition
53. Woo, Selene (live) – the planning and performance of audit procedures conducted by
PwC Canada’s audit team in connection with auditing the Funds’ financial statements;
and other topics from deposition
54. Luzadas, Jess (live) – the planning and performance of audit procedures conducted by
PwC Canada’s audit team in connection with auditing the Funds’ financial statements;
and other topics from deposition
55. Taylor, Robin (live) – the planning and performance of risk analysis conducted by
Dorothy Sanford and Robin Taylor; and other topics from deposition
56. Sanford, Dorothy (live) – the planning and performance of risk analysis conducted by
Robin Taylor and Dorothy Sanford; and other topics from deposition
57. Hatoum, Derek (live) – the planning and performance of audit procedures conducted by
PwC Canada’s audit team in connection with auditing the Funds’ financial statements;
and other topics from deposition
58. Perruzza, Patricia (live) – the planning and performance of audit procedures conducted
by PwC Canada’s audit team in connection with auditing the Funds’ financial statements;
and other topics from deposition
59. Wall, Stephen (live) – the planning and performance of audit procedures conducted by
PwC Canada’s audit team in connection with auditing the Funds’ financial statements;
and other topics from deposition