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 F

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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 NICHOLAS HATGIS

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New York, New York

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June 23, 2011

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Reported by:

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

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JOB NO. 39619
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877-702-9580

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N. Hatgis
questions.
EXAMINATION BY
MS. CRAWFORD:
Q. Good afternoon, Mr. Hatgis.
A. Good afternoon.
Q. My name is Amy Crawford and I'm from
the law firm of Kirkland & Ellis and we
represent PricewaterhouseCoopers (Canada), okay?
Have you ever heard of PricewaterhouseCoopers
(Canada)?
A. No.
Q. Or PricewaterhouseCoopers?
A. Pricewaterhouse I have heard, but not
the Canada entity.
Q. Have -- are you aware of
PricewaterhouseCoopers' involvement with
Fairfield Greenwich?
A. No.
Q. Do you know who audited the Greenwich
Sentry Partners fund?
A. No.
Q. Did you ever receive any documents
from PricewaterhouseCoopers in connection with
the investment in Greenwich Sentry Partners?
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N. Hatgis
MR. VICKERY: Objection to form again.
A. No.
Q. Go ahead.
A. Huh?
Q. Go ahead.
A. Say it again.
Q. Am I correct that nothing from
PricewaterhouseCoopers factored into the family
decision to invest in Greenwich Sentry Partners?
A. Correct.
MR. VICKERY: Objection to form.
Q. And am I correct that nothing that
PricewaterhouseCoopers did or said influenced
the family decision to retain the investment in
Greenwich Sentry Partners?
MR. VICKERY: Objection to form.
A. Nothing.
Q. Were you not aware that
PricewaterhouseCoopers is a defendant in this
lawsuit?
A. When? When was I aware?
Q. Did you know that
PricewaterhouseCoopers (Canada) is a defendant
in this lawsuit?
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N. Hatgis
A. No.
Q. Before or after the investment?
A. I don't recall.
Q. Did you ever have any contact with
anyone from PricewaterhouseCoopers?
A. No. I was spending a lot of time in
Europe.
Q. Did you ever receive an audit report
from PricewaterhouseCoopers?
A. No.
Q. And am I correct, then, that nothing
from PricewaterhouseCoopers factored into the
family decision to invest in Greenwich Sentry
Partners?
MR. VICKERY: Objection to form.
THE WITNESS: So what do I say?
BY MS. CRAWFORD:
Q. You can answer the question?
MR. VICKERY: You can answer it if you
understand it.
A. Can you repeat it again?
Q. Am I correct that nothing from
PricewaterhouseCoopers factored into the family
decision to invest in Greenwich Sentry Partners?
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N. Hatgis
A. No.
Q. Are you aware of any basis for claims
asserted against PricewaterhouseCoopers (Canada)
in this lawsuit?
A. No.
MR. VICKERY: Objection to form.
MS. CRAWFORD: No further questions.
EXAMINATION BY
MS. PIERCE:
Q. Mr. Hatgis, my name is Betsy Pierce
and I'm with the firm of Hughes Hubbard & Reed.
We represent PricewaterhouseCoopers
(Netherlands). I'm going to ask you very
similar questions to the questions you were just
asked about from counsel for
PricewaterhouseCoopers (Canada), but I want to
make sure that you know that I'm speaking about
PricewaterhouseCoopers (Netherlands).
A. Uh-huh.
Q. Are you aware that
PricewaterhouseCoopers (Netherlands) is a
defendant in this litigation?
A. I'm not aware of it.
Q. Do you have any understanding of the
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N. Hatgis
relationship between PricewaterhouseCoopers
(Netherlands) and the Fairfield Greenwich Group?
A. No.
Q. Before your daughter's investment in
Greenwich Sentry Partners, did you contact
anyone from PricewaterhouseCoopers
(Netherlands) -A. No.
Q. -- regarding Fairfield Greenwich
Group?
A. No.
MR. VICKERY: Okay. Wait until the
question is complete, okay, before.
Q. Before your daughter's investment,
were you contacted by anyone from
PricewaterhouseCoopers (Netherlands) with
respect to Fairfield Greenwich Group?
A. No.
Q. Have you ever received any documents
from PricewaterhouseCoopers (Netherlands) with
respect to Fairfield Greenwich Group?
A. No.
Q. Have you ever received any documents
from PricewaterhouseCoopers (Netherlands) with
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N. Hatgis
respect to Greenwich Sentry Partners, the fund
that your daughter invested in?
A. No.
Q. I believe that you testified earlier
that you did not receive any documents related
to your daughter's investment in
Pricewaterhouse -- or, excuse me, your
daughter's investment in Greenwich Sentry
Partners. Would you agree with that?
A. Would you repeat that again?
Q. I'll rephrase it. I believe that some
of your earlier testimony today was that, with
respect to your daughter's investment in
Greenwich Sentry Partners, you did not receive
or you do not recall receiving any documents
relating to her investment?
MR. VICKERY: Objection to form.
Q. Is that correct?
A. Yes.
Q. And that would include both before
your daughter's investment in Greenwich Sentry
Partners and after your daughter's investment in
Greenwich Sentry Partners?
MR. VICKERY: Objection to form.
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N. Hatgis
A. I don't recall, but whatever you say.
MS. PIERCE: I think those are all the
questions I have for you, sir. Thank you.
THE VIDEOGRAPHER: The time is 3:46
P.M. We're going off the record.
oOo

____________________
NICHOLAS HATGIS
Subscribed and sworn to
before me this day
of
2011.

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N. Hatgis
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 NICHOLAS HATGIS, 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 29th day of June, 2011.
------------------------------KATHY S. KLEPFER, RPR, RMR, CRR, CLR

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_______________________
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