Anwar et al v. Fairfield Greenwich Limited et al

Filing 787

DECLARATION of Savvas A. Foukas in Opposition re: #775 FIRST MOTION to Certify Class.. Document filed by PricewaterhouseCoopers Accountants Netherlands N.V., Pricewaterhousecoopers L.L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Certificate of Service)(Maguire, William)

Exhibit D

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF NEW YORK
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PASHA S. ANWAR, et al.,

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Plaintiffs,
Civil Action No.

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vs.

09-CV-0118(VM)

FAIRFIELD GREENWICH LIMITED, et al.,

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Defendants.
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VIDEOTAPED DEPOSITION OF RICHARD MICHAEL ROUTHIER

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New York, New York

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August 24, 2011

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Reported by:

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KATHY S. KLEPFER, RMR, RPR, CRR, CLR

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JOB NO. 41336
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R. Routhier
the Fairfield Funds?
A. No.
Q. Did you ever receive a copy of an
audit report for the Fairfield investments?
A. I can't recall.
Q. Just give me one second, please.
A. Uh-huh.
Q. You have stated a couple times today
that the decision to invest in the Fairfield
Funds was ultimately made by Mr. Pollock; is
that correct?
A. Yes.
Q. Would it be correct to say that -that your role in those decisions was to approve
them?
A. Yes.
Q. But by approving -- well, I guess
I just -- earlier you had said your role was
that of support?
A. Yes.
Q. So, in terms of approving them, do you
mean that you supported the decision that was
made by someone else?
A. I did, and part of that role is to try
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R. Routhier
to understand the logic and make sure that we -we were -- if we did have disagreements, that we
were able to hash them out, yes.
MS. PIERCE: I think those are all the
questions that I have.
THE WITNESS: Okay. All right.
MS. PIERCE: Thanks.
EXAMINATION BY
MS. CRAWFORD:
Q. Good afternoon. My name is Amy
Crawford and I'm from the law firm of Kirkland &
Ellis. We represent PricewaterhouseCoopers
(Canada), okay?
A. Uh-huh.
Q. And I may refer to
PricewaterhouseCoopers (Canada) as "PwC
(Canada)," okay?
A. Very good.
Q. Now, you mentioned that you don't
recall seeing -- considering who the auditor of
Fairfield Sigma was prior to St. Stephen's
investment in Sigma, right?
A. Correct.
Q. And you didn't know who the auditor of
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R. Routhier
the fund was after the investment was made
either, did you?
A. No.
Q. Did anyone ever tell you that Sigma
had changed audits since St. Stephen's initially
invested?
A. No.
Q. Now, you recall earlier you were asked
what materials you relied on in maintaining St.
Stephen's investment?
A. Yes.
Q. You didn't rely on any audit reports
or audits of year-end financials, right?
A. Correct.
Q. Until this lawsuit was filed, did you
have any idea that PricewaterhouseCoopers
(Canada) was involved in -A. No.
Q. -- the audits of Sigma?
A. No, I did not.
Q. And I know that you mentioned that you
got an M.B.A., right?
A. Yes.
Q. You don't have any knowledge about
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R. Routhier
auditing; is that fair to say?
A. Any knowledge? That's pretty broad.
A little tiny knowledge about
auditing, yes. A little bit. I mean, I
understand that -- a little bit, but that it's a
profession, for instance.
Q. Okay. But you yourself have no
background in accounting or auditing, right?
A. None whatsoever.
Q. And you don't have any knowledge that
would support that PwC (Canada) did anything
wrong in connection with its audits of Sigma,
correct?
A. Only that the fund was a fraud and
that it was never uncovered, but beyond that, I
have no idea of PwC (Canada)'s specific
involvement in that.
Q. To be clear, it was Madoff who was a
fraud, correct?
A. Yes. Correct.
Q. And it was Madoff who lost the money
that St. Stephen's invested, correct?
A. Yes. I think -- yes, he's the root of
the cause here, right? But a lot of people are
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R. Routhier
involved in -- in sort of the safeguards along
the way. That's what I meant.
Q. You understand that PwC (Canada) did
not audit Bernard Madoff's firm, correct?
A. I don't know. I don't know that, no.
Q. So you don't even know what -A. I don't know -Q. -- PwC (Canada) is -- why PwC (Canada)
was sued in this lawsuit; is that fair to say?
A. That's totally fair.
MS. CRAWFORD: No further questions.
MR. CATTELL: Victor, I have just a
handful.
MR. STEWART: Go ahead.
FURTHER EXAMINATION BY
MR. CATTELL:
Q. Mr. Routhier, you mentioned that there
were a lot of safeguards along the way. Would
you have considered -- excuse me. Would you
consider the St. Stephen's Investment Committee
as one of those safeguards?
A. Yes.
Q. Do you know who Gil Berman is?
A. No.
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R. Routhier
Q. Do you know of Harry Markopolous?
A. No.
Q. I'm going to read you a list of names
and please tell me if you recognize any of them.
Walter M. Noel, Jr.
A. I have heard his name as a principal
at Fairfield Greenwich. Founder, I think.
Q. Did you have any communications with
Walter M. Noel, Jr.?
A. No.
Q. Jeffrey Tucker?
A. No. I don't know the name, no.
Q. Andres Piedrahita?
A. No.
Q. Amit Vijay -- I'm butchering his last
name -- Vijayvergiya?
A. No.
Q. Gregory Bowes?
A. No.
Q. Cornelis Boele?
A. No.
Q. David B. Horn?
A. No.
Q. Robert A. Blum?
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A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.

R. Routhier
No.
Lourdes Barreneche?
No.
Vianney d'Hendecourt?
No.
Yanko Della Schiava?
No.
Corina Noel Piedrahita?
No.
Harold Greisman?
No.
Jacqueline Harary?
No.
Richard Landsberger?
No.
Daniel Lipton?
No.
Julia Luongo?
No.
Mark McKeefry?
No.
Maria Teresa Pulido Mendoza?
No.
Charles Murphy?

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R. Routhier
A. No.
Q. Santiago Reyes?
A. No.
Q. Andrew Smith?
A. No.
Q. Philip Toub?
A. No.
Q. So, other than Walter M. Noel, who I
believe -- well, excuse me. Withdraw the
question.
And for all the names that I just
listed for you that you did not recognize, you
did not have any communications with them
either, correct?
A. Totally correct.
MR. CATTELL: No further questions at
this time.
MR. STEWART: Does anyone else on your
side have any questions?
(No response.)
MR. STEWART: All right. I may have a
few. Just give me a minute to look over my
notes.
(Pause.)
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R. Routhier
isn't it?
MS. PIERCE: No further questions for
me.
MR. CATTELL: I think, subject to
receiving the documents that we requested
earlier in this deposition, we have no
further questions at this time.
MR. STEWART: Assuming there are any
documents.
MR. CATTELL: Of course. No further
questions.
MR. STEWART: Okay. Fine. I have
nothing further.
THE VIDEOGRAPHER: This concludes the
deposition. We are going off the record at
2:36 P.M.
oOo
____________________
RICHARD MICHAEL ROUTHIER
Subscribed and sworn to
before me this day
of
2011.

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877-702-9580

------------------------------KATHY S. KLEPFER, RPR, RMR, CRR, CLR

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CERTIFICATE
STATE OF NEW YORK )
: ss
COUNTY OF NEW YORK)
I, Kathy S. Klepfer, a Registered
Merit Reporter and Notary Public within and
for the State of New York, do hereby
certify:
That RICHARD MICHAEL ROUTHIER, the
witness whose deposition is herein before
set forth, was duly sworn by me and that
such deposition is a true record of the
testimony given by such witness.
I further certify that I am not
related to any of the parties to this action
by blood or marriage and that I am in no way
interested in the outcome of this matter.
In witness whereof, I have hereunto
set my hand this 30th day of August, 2011.

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_______________________

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INDEX
TESTIMONY OF R. ROUTHIER:
PAGE
Examination by Mr. Cattell
8, 146, 159
Examination by Ms. Moscato
130, 161
Examination by Ms. Pierce
140
Examination by Ms. Crawford
143
Examination by Mr. Stewart
150
ROUTHIER EXHIBITS:
PAGE
Exhibit 1, a document bearing Bates Nos.
37
St. Stephens 225
Exhibit 2, a document bearing Bates Nos.
41
St. Stephens 425 through 432
Exhibit 3, a document bearing Bates Nos.
45
St. Stephens 137 to 139
Exhibit 4, a document bearing Bates Nos.
47
St. Stephens 211 through 218
Exhibit 5, a document bearing Bates Nos.
50
St. Stephens 219 through 222
Exhibit 6, a document bearing Bates Nos.
58
St. Stephens 303 through 306
Exhibit 7, a document bearing Bates Nos.
63
St. Stephens 7
Exhibit 8, a document bearing Bates Nos.
65
St. Stephens 226
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INDEX (Cont'd.)
ROUTHIER EXHIBITS:
PAGE
Exhibit 9, a document bearing Bates Nos.
68
St. Stephens 178 through 179
Exhibit 10, a document bearing Bates Nos.
70
FGANW3576197 to FGANW3576206
Exhibit 11, a document bearing Bates Nos.
72
St. Stephens 182
Exhibit 12, a document bearing Bates Nos.
76
FGANW3576351
Exhibit 13, a document bearing Bates Nos.
78
ANWAR-CFSE-339 through 362
Exhibit 14, a document bearing Bates Nos.
86
SGANW3576591 through 592
Exhibit 15, a document bearing Bates Nos.
89
St. Stephens 192
Exhibit 16, a document bearing Bates Nos.
91
St. Stephens 163
Exhibit 17, Amended Addendum No. 2
93
Exhibit 18, Declaration of Duncan Pollock
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In Support of Plaintiffs' Motion for Class
Certification
Exhibit 19, a document bearing Bates Nos.
97
St. Stephens 16 through 19
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