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 B

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

EXHIBIT B
Defendants’ Witness List1
PLAINTIFFS
1.

Bach, Martin2 – background, knowledge of an reliance upon PwC audit opinions, and
other topics from deposition

2.

Al Shirawi, Najla – background, knowledge of an reliance upon PwC audit opinions,
and other topics from deposition

3.

Mallis, Anthony – background, knowledge of an reliance upon PwC audit opinions, and
other topics from deposition

4.

Saif, Abdul – background, knowledge of an reliance upon PwC audit opinions, and other
topics from deposition

5.

Marshad, Ali – background, knowledge of an reliance upon PwC audit opinions, and
other topics from deposition

6.

Pollock, Duncan – background, knowledge of an reliance upon PwC audit opinions, and
other topics from deposition

7.

Routhier, Richard – background, knowledge of an reliance upon PwC audit opinions,
and other topics from deposition

8.

Hessel, Amir – background, knowledge of an reliance upon PwC audit opinions, and
other topics from deposition

9.

Kaufman, Alon – background, knowledge of an reliance upon PwC audit opinions, and
other topics from deposition

10.

Hatgis, Natalia – background, knowledge of an reliance upon PwC audit opinions, and
other topics from deposition

1

In the event a non-PwC witness is called to testify by the plaintiffs, defendants expect they will
not need to re-call the witness in their own case, but they reserve the right to do so.
2
Unless otherwise noted, defendants expect to call witnesses to testify in person, but in the event
a witness is unavailable, his or her deposition testimony may be used.
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Privileged & Confidential
Defendants’ Draft 11/13/15
Subject to Revision

11.

Kessell, Simon – background, knowledge of an reliance upon PwC audit opinions, and
other topics from deposition

12.

Wiener, Laurence – background, knowledge of an reliance upon PwC audit opinions,
and other topics from deposition

13.

Wind, Michael – background, knowledge of an reliance upon PwC audit opinions, and
other topics from deposition

DEFENDANTS’ EXPERTS
14.

Temkin, Robert -- PwC Netherlands’s audit work and its compliance with applicable
professional standards, and other topics from reports, depositions, and testimony of
plaintiffs’ experts

15.

Meyerowich, Richard -- PwC Canada’s audit work and its compliance with applicable
professional standards, and other topics from reports, depositions, and testimony of
plaintiffs’ experts

16.

Lundelius, Charles -- The Madoff fraud and the feasibility of plaintiffs’ suggested
means by which the defendants should have uncovered the fraud, and other topics from
reports, depositions, and testimony of plaintiffs’ experts

17.

Samson, Steven -- the roles, responsibilities, and work of FGG with respect to the funds
and the fraud, and other topics from reports, depositions, and testimony of plaintiffs’
experts

18.

Marais, Laurentius -- plaintiffs’ alleged damages, whether and to what extent the
defendants caused plaintiffs’ alleged damages, and other topics from reports,
depositions, and testimony of plaintiffs’ experts

FAIRFIELD GREENWICH
19.

Lipton, Dan – background information regarding Fairfield Funds and BLMIS; terms of
the retention of PwC; FGG’s representations to and responses to inquiries from PwC, and
other topics from deposition

20.

Tucker, Jeffrey – background information regarding Fairfield Funds and BLMIS;
FGG’s monitoring of BLMIS, including investigating the potential for loss or fraud, and
other topics from deposition

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

21.

Vijayvergiya, Amit – background information regarding Fairfield Funds and BLMIS;
existence of fraud risk factors; communications with investors; representations to
regulators, investors and others regarding BLMIS, and other topics from deposition

22.

Zhang, Nancy – background information regarding Fairfield Funds and BLMIS; terms of
the retention of PwC; FGG’s representations to and responses to inquiries from PwC, and
other topics from deposition

23.

McKenzie, Gord – background information regarding Fairfield Funds and BLMIS;
FGG’s monitoring of BLMIS, including investigating the potential for loss or fraud, and
other topics from deposition

24.

Dell’Arena, Anthony – background information regarding Fairfield Funds and BLMIS;
FGG’s monitoring of BLMIS, including investigating the potential for loss or fraud, and
other topics from deposition

CITCO
25.

Meijer, Folgert (Ger-Jan) (by deposition) – concerns raised within Citco as to BLMIS,
whether those concerns were know by or communicated to FGG or PwC, whether Citco
relied on PwC to address those concerns, steps taken by Citco to address the concerns,
and other topics from deposition

26.

Van Nijen, Albert (by deposition) – concerns raised within Citco as to BLMIS, whether
those concerns were known by or communicated to FGG or PwC, whether Citco relied
on PwC to address those concerns, steps taken by Citco to address the concerns, and
other topics from deposition

27.

Ma, Viona (by deposition) – Citco’s administrative work with respect to the funds and
PwC Canada’s work with respect to that work and information gathered and/or
maintained by Citco, communications with investors, and other topics from deposition

28.

Anuschka Cova (by deposition) – Citco’s administrative work with respect to the funds
and PwC Netherlands’ work with respect to that work, and information gathered and / or
maintained by Citco, communications with investors, and other topics from deposition

29.

John Verhooren (by deposition) – Citco’s administrative work with respect to the funds
and PwC Netherlands’ work with respect to that work, and information gathered and / or
maintained by Citco, communications with investors, and other topics from deposition

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

THIRD PARTIES
30.

Watson-Brown, Scott – the site visits to BLMIS and other topics from deposition

31.

Geigel, Susan – the nature, extent, and availability of information regarding BLMIS at
the Deposit Trust Company and other topics from deposition

32.

Representative of BLMIS Trustee – authentication of documents produced to Anwar
parties (to the extent not agreed with Plaintiffs or covered by business records
declaration).

PWC NETHERLANDS
33. Van Veen, Daniel – 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
34.

Villoria, Sylvie – 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

35.

Meijnders, Chris – 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

36.

Gertsen, Fred – 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
37.

Sanford, Dorothy – the planning and performance of risk analysis conducted by Robin
Taylor and Dorothy Sanford; and other topics from deposition

38.

Hatoum, Derek – 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

39.

Perruzza, Patricia – 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

67009818_1

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

40.

Wall, Stephen – 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

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