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 I

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A. KAUFMAN

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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.
09-CV-0118(VM)

vs.

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FAIRFIELD GREENWICH LIMITED, et al.,

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Defendants.
------------------------------------x

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VIDEOTAPED DEPOSITION OF ALON KAUFMAN

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New York, New York

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July 27, 2011

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Reported by:

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

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JOB NO. 40466

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A. KAUFMAN
like Ella, about this Madoff scam.
Q. Has Harel considered bringing suit
against Credit Suisse?
A. I don't know. You should ask the
legal -- Legal Department of Harel. I'm not
familiar.
Q. Do you know?
A. I don't know if. I don't know.
MS. FEINBERG: Nothing further.
EXAMINATION BY
MS. PIERCE:
Q. Mr. Kaufman, my name is Betsy Pierce.
And I know it's late in the day. Sometimes my
questions might sound similar to each other, but
they're going to be a little bit different, so
just be patient with me and I ask you to pay
close attention. If you don't understand
something, just let me know and I'll try to
rephrase it.
A. Okay.
Q. First of all, do you know who audited
the Fairfield Sentry Fund?
A. Yes. We know that PwC audited the
Fairfield Sentry Fund.

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Q. And how do you know that PwC audited
the Fairfield Sentry Fund?
A. First it was mentioned in all the fact
sheets, presentations, and as you shown me
before, I probably received some audit sheet,
audit balance sheet from the fund -- financial
statements, sorry, from the fund.
Q. Are the -- the documents that you just
referred to, are those documents that you
received from Credit Suisse?
A. I don't remember if it was from -- I
believe it was from Credit Suisse, yes, yes.
Q. And is it your testimony that all of
the fact sheets and all of the presentations and
all of the materials that you received
referenced PricewaterhouseCoopers as the auditor
of Fairfield Sentry?
A. I -- I cannot tell you about 100
percent, but I believe in most of these
presentations and fact sheets PwC was mentioned
as an auditor of the fund.
Q. Can you remember right now which,
specifically which documents referenced
PricewaterhouseCoopers as the auditor of

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Fairfield Sentry?
A. I think it was in all the fact sheets.
They published a monthly fact sheet, and I
believe in any fact -- any monthly fact sheet it
was mentioned.
Q. And you're referring to monthly fact
sheets that were prepared by Fairfield Greenwich
Group?
A. Yes. Yes, and were on the Website of
FGG.
Q. Do you remember when you first learned
that PricewaterhouseCoopers was the auditor for
Fairfield Sentry?
A. Yes, from the beginning we saw it as
very important, very important that they have an
auditor as PwC.
Q. And generally speaking, not in
connection with this case or with Fairfield
Sentry, are you familiar with the firm
PricewaterhouseCoopers?
A. We're familiar of Pricewaterhouse,
yes, yes.
Q. Do you have an opinion yourself of
PricewaterhouseCoopers as an accounting firm?

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A. KAUFMAN
A. I didn't -- I didn't have any specific
due diligence on this firm, but we know it's a
well-established auditor firm.
Q. And did you take comfort in knowing
that PricewaterhouseCoopers audited the
Fairfield Sentry Fund?
A. Yes.
Q. Are you aware that
PricewaterhouseCoopers is made up of many
different firms in many different countries?
A. I believe, I believe so, yes.
Q. What is your understanding of
PricewaterhouseCoopers' role in this litigation?
A. I believe Pricewaterhouse should have
audited -- audited the performance and the -the assets of the fund and should provide it
accurate to the -- to the investors in the
financial statement.
Q. Do you know which of the
PricewaterhouseCoopers firms audited Fairfield
Sentry?
A. I don't remember the exact name.
That's why I refer to PwC as general, like the
questions about Citco. I know there are a few

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A. KAUFMAN
entities with the name PwC.
Q. You testified earlier that you believe
you received financial statements for Fairfield
Sentry. Do you recall that testimony?
A. You just showed me one of the exhibits
that I received it from -- from Credit Suisse,
so I believe I have received it.
Q. Do you know -- so just for
clarification, are you referring to Exhibit 4?
A. It wasn't in Exhibit 4. It was in
Exhibit -- a different exhibit. DDQ. DDQ plus
the financial statement was -Q. I think the DDQ and financial
statements is, unless I have written it down
incorrectly -MR. ROETHER: Yes, I have Exhibit 4 as
well.
Q. -- is Exhibit 4.
So can you put Exhibit 4 in front of
you.
A. Yes. Yes, I'm sorry, I'm -- I looked
at another exhibit. Yes, you are correct.
Q. Okay. So you -- do you believe that
you reviewed this financial statement for

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A. KAUFMAN
Fairfield Sentry?
A. I might have. That's what's mentioned
in this e-mail, so I believe I might have seen
it, yes.
Q. Did you discuss this financial
statement with anyone at Credit Suisse?
A. I don't recall doing so.
Q. Did you try to contact
PricewaterhouseCoopers to discuss this financial
statement?
A. No.
Q. Okay. Now I'm going to switch to
asking you questions about
PricewaterhouseCoopers (Netherlands) and I might
refer to PwC (Netherlands).
A. Okay.
Q. If that's okay. You'll understand I'm
talking about the same firm.
So, prior to this litigation, had you
ever heard of PricewaterhouseCoopers
(Netherlands)?
A. We heard, as I mentioned before, we
heard specifically -- generally about the firm
PwC. I wasn't familiar with any branches or --

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A. KAUFMAN
or companies out in the world.
Q. So you're -- you are not -A. I specifically know. I wasn't aware
of the Netherlands, PwC Netherlands.
Q. Prior to the decision for Harel to
initially invest in Fairfield Sentry in 2003,
did you have any contact with
PricewaterhouseCoopers (Netherlands) concerning
the Fairfield Sentry investment?
A. No.
Q. So you did not speak to anyone at PwC
(Netherlands) concerning the Fairfield Sentry
investment on behalf of Harel?
A. Not that I recall.
Q. And prior to your -- prior to the
decision to invest Harel in Fairfield Sentry in
2003, you did not request any materials from
PricewaterhouseCoopers (Netherlands) with
respect to the investment in Fairfield Sentry;
is that correct?
A. That's correct, yes.
Q. Is it also correct that you didn't
review any materials prepared by
PricewaterhouseCoopers (Netherlands) concerning

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your investment in Fairfield Sentry?
MR. VICKERY: Objection to form.
A. I reviewed this financial statement on
Exhibit 4. I don't know if it's connected to
Netherlands specifically.
Q. Prior to the decision for Harel to
invest in Fairfield Sentry in 2003, are you
aware if PricewaterhouseCoopers (Netherlands)
made any representations directly to you about
the Fairfield Sentry funds' investment in
securities?
A. Made direction?
Q. I'll repeat it.
A. Again, it's late and I'm not so
concentrated. So, again.
Q. Prior to Harel's decision to invest in
Fairfield Sentry in 2003, did
PricewaterhouseCoopers (Netherlands) make any
representations directly to you about the
Fairfield Sentry Fund's investment in
securities?
MR. VICKERY: I'm going to object on
form. Just the concept of directly to you
is sort of vague in my mind. You might want

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A. KAUFMAN
to explain that. If you mean did they talk
or communicate directly to each other, if
that's directly, then that's fine, but if
it's, you know, this may be viewed, since it
has -- you know what it says in front, it
could be viewed as a direct communication.
So I think it has to be a little more
precise.
BY MS. PIERCE:
Q. Okay. I'm going to -- I'm going to
rephrase.
Again, prior to your decision, prior
to Harel's decision to invest in Fairfield
Sentry in 2003, what representations do you
think you received from PricewaterhouseCoopers
(Netherlands) with respect to whether Fairfield
Sentry Fund was invested in securities?
A. If I remember, I think the -- this
financial statement or maybe other financial
statements where the contact between us getting
information from PwC.
Q. Besides the financial statements that
you may have reviewed, did you receive anything
else from PricewaterhouseCoopers (Netherlands)

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A. KAUFMAN
that made a representation to you that the
Fairfield Sentry Fund was invested in
securities?
A. I believe not.
Q. Similar question, but a little
different: Did -A. Can you ask slowly? You run and I -Q. Aside from the financial statements -A. Yes.
Q. -- that you may have reviewed, did
PricewaterhouseCoopers (Netherlands) ever make
any representations to you that they were
verifying the existence of the Fairfield Sentry
Fund's holdings?
A. And what I understand is the holdings
were in the financial statements, but what -Q. So aside from the financial
statements -A. Besides from that, we didn't -- I
don't recall we obtaining any other information
besides the financial statement.
Q. And regarding the financial statements
that you may have reviewed -A. Yes.

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A. KAUFMAN
Q. -- you did not reach out to anyone at
PricewaterhouseCoopers (Netherlands) to discuss
the contents of those statements; is that
correct?
A. I believe that's correct, yes.
Q. Okay. Now let's shift our attention
to after that initial investment.
A. Okay.
Q. But prior to the subsequent investment
in 2006.
A. Okay.
Q. Prior to Harel's 2006 investment in
Fairfield Sentry, did you have any
communications with PricewaterhouseCoopers
(Netherlands) concerning the Fairfield Sentry
investment?
A. I believe we haven't, we haven't in
connection -- in connection with PwC.
Q. So between 2003 and 2006, you don't
believe you had any connection with
PricewaterhouseCoopers (Netherlands) -- any
communications with PricewaterhouseCoopers
(Netherlands)?
MR. VICKERY: Objection to form.

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A. KAUFMAN
A. As I recall, the only contacts we
had -- we didn't have any direct contact besides
receiving these financial documents through
Credit Suisse.
Q. And -A. If this answers your question.
Q. Besides the audited financial
statement that we've looked at in Exhibit 4, did
you receive any other financial statements
prepared by PricewaterhouseCoopers in connection
with the Fairfield Sentry investment?
A. Might have. I really don't recall.
Q. Okay. Prior to Harel's first
investment in 2003 in Fairfield Sentry, did you
ask anyone if the fund was audited?
A. Of course it was published in -- in
all the presentations and fact sheets, and the
fund mentioned it; when we spoke with the fund,
they mentioned it was audited by PwC, and Credit
Suisse mentioned it.
Q. But did you -A. So it was an important issue, I think.
Q. Is it your testimony that you saw that
information in those materials? You saw that --

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A. KAUFMAN
is it your testimony that you saw that
PricewaterhouseCoopers was the auditor of
Fairfield Sentry in the materials you just
described?
A. Yes. Yes.
Q. Did you actually ask anyone who
audited the fund prior to the Harel's
investment?
A. Someone who audited the fund is PwC.
Who audited the fund?
Q. My question is did you -A. Yes.
Q. -- as a part of your role at Harel,
did you ask anyone who the auditor was of the
Fairfield Sentry Fund?
A. I'm sorry. If I asked whom? Someone
in Harel or -- or -Q. Do you recall at any time, prior to
knowing that Fairfield Sentry was audited by
PricewaterhouseCoopers, do you recall asking
anyone if the fund was audited?
A. It was -- it was in all presentations.
Why should I ask anyone if it was audited? But
it was mentioned --

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Q. Is it your -A. We spoke with -- with Credit Suisse
and with the fund, and they -- they actually
they mentioned it, so I didn't need to ask them
if -- if it was audited.
Q. Okay. I just want to -- I'm just
trying to clarify some of the today's testimony.
That's all that I'm trying to do.
A. Okay. Okay.
Q. So you don't believe that you asked
that question. Is it correct that you think you
were told that the fund was audited?
A. Yes. Yes. I might have asked, but I
really don't remember if I was asked or was told
or -- but I got this information.
Q. Could you look at -- let's see -- so,
generally, Exhibits 5, 6, 7, 8 and 9 -- let me
make sure I have those right.
Okay, take a second to look over them
just so you are familiar. These are documents
that you discussed earlier.
A. Yes.
Q. And these reflect questions that you
asked of Credit Suisse about Fairfield Sentry

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before Harel's investment, is that correct?
A. Yes.
Q. So you asked several different
questions about Fairfield Sentry, about the
fund's performance, correct?
A. I would like to refer to Exhibit 5.
These are the questions I asked about -- because
you referred to a few exhibits and -Q. Okay.
A. -- I would like to -Q. So let's start with Exhibit 5.
A. Okay.
Q. You asked four questions?
A. Yes.
Q. Right?
A. Yes.
Q. Did any of those questions relate to
the audited financial statements of the
Fairfield Sentry Fund?
A. Question number 4 may have referred to
it, but -Q. You believe that question number 4
that refers to page 16, question 17.6 of the due
diligence questionnaire, which mentions

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A. KAUFMAN
portfolio data that Credit Suisse would provide
or that Fairfield Greenwich Group would provide,
you contend that that portfolio data has to do
with audited financial statements?
A. Might also do with financial
statements because a portfolio where data
appears in the financial statement. I believe
other questions do not refer to financial
statements.
Q. Did any of those questions concern the
auditor of Fairfield Sentry?
A. Can you explain the question? What do
you mean "concern the auditor"? If -Q. There's no reference in your questions
to PricewaterhouseCoopers, correct?
A. Yes. Correct.
Q. And just going back to Exhibit 4
really quickly, it was your testimony earlier
that you didn't actually recall receiving the
due diligence questionnaire and the audit
report. Is that correct, that that was your
initial testimony?
A. Yes, it's correct, but I might have
received it, yes.

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A. KAUFMAN
Q. Okay. Let's look quickly at Exhibits
11 and 12. Exhibit 11 is -- the last page is
the correspondence from Credit Suisse in
February 2005.
A. 11?
Q. So the last page of that exhibit.
MR. VICKERY: Which page are you on?
MS. PIERCE: Exhibit 11.
THE WITNESS: Page 6?
BY MS. PIERCE:
Q. Page 6, correct, thanks, is the e-mail
that you received from Credit Suisse advising
investors in Fairfield Sentry to redeem,
correct?
A. That's correct, yes.
Q. And then based on this exhibit, and I
believe also Exhibit 12, which was referring to
a meeting -- excuse me, a conference call that
you would have with Fairfield, you contacted
Fairfield to discuss Credit Suisse's concerns
about Fairfield Sentry, right?
A. Yes.
Q. Did you contact anyone else to discuss
Credit Suisse's concerns about Fairfield Sentry?

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A. I don't recall doing so.
Q. Do you recall contacting the fund's
auditors to discuss Credit Suisse's concerns
about Fairfield Sentry?
A. No, I didn't contact.
Q. You did not contact the auditors?
A. I did not contact Pricewaterhouse.
Q. On the March 9, 2005 conference call
that you had with Fairfield, which is referenced
in Exhibit 12, to discuss Credit Suisse's
concerns as to Fairfield Sentry, do you recall
asking Fairfield any questions about the fund's
auditors on that call?
A. Might have. It appears on page 8 that
Pricewaterhouse is the auditor.
Q. And -A. They may have referred to this -- that
they actually been audited by a large firm as
PwC.
Q. And again, you would have taken
comfort that a large firm like PwC was auditing
Fairfield Sentry?
A. Precisely.
Q. Did you, on that call, did you ask for

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to see any additional audit reports for the
fund?
A. I don't remember if I did.
Q. If you did review any additional audit
reports for Fairfield Sentry, do you believe you
would have kept those for your records?
A. I believe so.
Q. Do you know whether other audit
reports besides the one in Exhibit 4 have been
produced?
A. I don't, I don't really recall.
MS. PIERCE: We would just ask if
there's other audit reports in the Harel
records that -- or any audit reports in the
Harel records that you would produce those.
Mr. Kaufman, I don't think I have any
further questions. Thanks for your
patience.
THE WITNESS: Thank you.
EXAMINATION BY
MR. RUSE:
Q. Good afternoon, Mr. Kaufman. My name
is Luke Ruse. I'm with the law firm of Kirkland
& Ellis and we represent PricewaterhouseCoopers

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(Canada).
I might refer to
PricewaterhouseCoopers (Canada) as "PwC
(Canada)." Is that okay?
A. Okay.
Q. And I might refer to the
Pricewaterhouse firms generally, all of them
collectively, as "PwC." Is that okay?
A. Okay. Fine.
Q. Okay. Now, we talked about
investments that Harel made today. Harel made
an investment in Fairfield Sentry in 2003,
right? That was the first investment that Harel
made?
A. That's correct.
Q. And then they made an additional
investment in 2006?
A. Yes.
Q. Do you know if Harel made an
investment in 2007 in the Fairfield Sentry Fund?
A. I believe Harel made an investment,
but, as I mentioned, I was in Phoenix Insurance
at that time.
Q. You left Harel at -- in November of

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2006, is that correct?
A. Correct.
Q. So any investment that would have been
made in 2007, you were no longer employed at
Harel?
A. Yes.
Q. And you would not have -- and you were
not involved in any way in the decision-making
process at Harel to invest in Fairfield Sentry
for that 2007 investment; is that correct?
A. That's correct.
Q. You were involved in the decisions to
invest in Fairfield Sentry in 2003 and in 2006,
right?
A. Right. Yes.
Q. Now, you said that your understanding
was that PwC audited Fairfield Sentry, correct?
A. Yes. Yes.
Q. And you took comfort in the fact that
one of the big auditing firms audited Fairfield
Sentry?
A. Yes. Exactly.
Q. But you're also -- you testified that
you're aware that there are multiple firms with

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the PwC name, each in their own country, right?
A. Right. Yes.
Q. And you -- you did not know which PwC
firm audited Fairfield Sentry?
MR. VICKERY: Objection. Form.
Q. Before you made the investment in
2003, before Harel made investment in 2003 in
Fairfield Sentry, you didn't know which PwC firm
audited Fairfield Sentry?
MR. VICKERY: Objection to form.
A. I believe it was mentioned in all -in the presentations and in the fact sheets the
exact name of the -- of the firm.
Q. But you don't know who that was today?
A. I don't remember today, but I believe
in 2003 I've actually seen the exact entity.
Q. And you believe that back in 2003 you
might have known that because you saw it on a
fact sheet?
A. Yes.
Q. And the fact sheet was provided by
Fairfield?
A. Yes.
Q. Before the initial investment was made

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in 2003 -A. It was also, to add to the question, I
think it was also mentioned in -- on the
subscription agreements the name of the auditor.
Q. Before the initial investment was made
in 2003, you didn't have any contact with PwC
(Canada), did you?
A. I did not have.
Q. And you didn't meet with anyone at PwC
(Canada)?
A. I believe I haven't met with anyone.
Q. You never requested any materials from
PwC (Canada)?
A. I did not contact PwC (Canada) to
request any information.
Q. I'm sorry, I'm down here at the end of
the table. Can you speak up just a little?
A. I did not contact PwC (Canada) to
request any information.
Q. Okay. And you never received any
materials from PwC (Canada) before that 2003
investment, correct?
A. I really don't know if I've received
it or not received. I don't recall.

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Q. At any time while you were at Harel
did anyone tell you that the auditor for
Fairfield Sentry had changed?
A. I don't think -- I don't think so, but
I really don't remember if someone actually
phoned or e-mailed me this information.
Q. And at any time while you were at
Harel, did you have any awareness that the
auditor for PwC changed at any time?
A. For me, we saw -Q. I'm sorry, I misspoke. At any time
when you were at Harel did you have any
awareness that the auditor for Fairfield Sentry
had changed at any time?
MR. VICKERY: I'm going to object to
form. The timing is all wrong.
Q. You can answer if you understand.
A. What I can tell you, that since in
2003 we saw one name, PwC. For us, PwC is a
large auditor which has branches in different
countries, and I, in my opinion, it was -- we
did not make any difference if it was in Canada
or Netherlands or PwC U.S. It was actually PwC,
the name PwC.

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Q. To you it didn't matter which of the
PwC firms was the actual auditor?
A. It didn't matter because PwC is for us
one large entity.
Q. Now, after the investment in 2003, at
any time before the investment in 2006 or at any
time while you remained at Harel, did you have
any communication with anyone at PwC (Canada)?
A. We did not contact anyone from PwC
(Canada), did not contact us by e-mail or by
phone.
Q. Did you request any materials from PwC
(Canada)?
A. I don't believe doing so.
Q. And did you receive any materials from
PwC (Canada)?
A. Might have. As I mentioned before, I
don't remember what exact materials we received
from PwC, generally speaking, PwC.
Q. Let me represent to you that
PricewaterhouseCoopers (Canada) audited the
Fairfield Sentry Fund for the year ending in two
thousand -- for the year ending December 31,
2006.

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A. Okay.
Q. And that that audit opinion was issued
on -A. Sorry?
Q. I'm sorry, and that the audit opinion
that PricewaterhouseCoopers (Canada) issued was
issued on April 24, 2007.
A. Okay, so -Q. In 2007, you were working for Phoenix;
is that correct?
A. That's correct.
Q. And if that is the first audit report
that PricewaterhouseCoopers (Canada) had issued,
you would have never received any financial
audited financial statement that
PricewaterhouseCoopers (Canada) had issued; is
that correct?
A. It makes sense. I mean, it's a
logical sentence.
Q. You don't have any reason to
disbelieve that, do you?
A. It's mathematical, isn't it?
Q. Now, you understand that -- that -I'm sorry. Let me rephrase.

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You had an understanding that a
PricewaterhouseCoopers firm was the auditor for
Fairfield Sentry, right?
A. We had an understanding that PwC was
the auditor.
Q. And you understood that PwC was not
the auditor of Bernard Madoff or BLMIS; is that
right?
A. I -- I don't know. We didn't check or
I didn't -- I wasn't familiar of who was the
auditor to -- to other investments, other funds.
We, specifically, we knew which was the auditor
for Fairfield Sentry. We did not check the
auditors for other funds.
Q. So you never checked to see who the
auditor of Bernard Madoff or his firm BLMIS was;
is that correct?
A. That's correct.
Q. But you understood that Harel's
securities were actually being held by BLMIS,
isn't that right?
MR. VICKERY: Objection. Objection to
form.
Q. When you invested in 2003, you

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A. KAUFMAN
understood that the investments would actually
be held by Bernard Madoff at BLMIS; is that
right?
MR. VICKERY: Objection to form.
A. I think I referred to this question
before, and as I understand, we did not make any
direct investments in Bernard Madoff or any of
his entities. It was not published in the fact
sheets or presentations that there was any
direct investment in Bernard Madoff besides what
you showed me in one of the exhibits that was
mentioned in the DDQ, but I do not recall seeing
it in 2003 or between 2003 and 2006.
Q. And I think that subject -- okay. And
I think that you said that had you realized the
full extent of Bernard Madoff's involvement in
Fairfield Sentry, you would have reconsidered
your investment; is that correct?
MR. VICKERY: Objection to form.
A. I think what I mentioned, if I knew
that the investment manager was Bernard Madoff
and the custodian was Bernard Madoff and the
broker was Bernard Madoff, I would reconsider
the -- this investment.

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A. I believe I felt comfort after this
conference call, but...
Q. Mr. Kaufman, it's fair to say that
you've looked at quite a few documents today?
We've looked at a lot of documents -A. Yes.
Q. -- today, right?
A. Yes.
Q. And some of those documents referred
to Bernard Madoff, that's right?
A. Yes.
Q. And some of them didn't?
A. Some of them didn't, yes.
Q. Is it fair to say, is it fair to say
that you don't recall seeing or reading any of
the documents that refer to Bernard L. Madoff
during your time at Harel from 2003 to 2006?
A. I think that's correct to say, yes.
Q. So if I understand it, the only
documents that you recall reviewing or reading
during the 2003 to 2006 time period were
documents that don't mention Bernard Madoff?
A. I might have read a part of these
documents who do mention Bernard Madoff, but I

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don't recall reading these specific sentences
that mention Bernard Madoff as a manager or a
custodian or whatever.
MR. ROETHER: I have nothing else.
We'll reserve the rest of our questions.
THE VIDEOGRAPHER: That concludes the
video record for today. The time is now
7:35 P.M. We are now off the record.
oOo

____________________
ALON KAUFMAN
Subscribed and sworn to
before me this day
of
2011.

_______________________
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A. KAUFMAN

1
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CERTIFICATE
3
STATE OF NEW YORK )
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: ss
5
5 COUNTY OF NEW YORK)
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I, Kathy S. Klepfer, a Registered
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7 Merit Reporter and Notary Public within and
8
8 for the State of New York, do hereby
9
9 certify:
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10
That ALON KAUFMAN, the witness whose
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11
deposition is herein before set forth, was
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12
duly sworn by me and that such deposition is
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a true record of the testimony given by such
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14
witness.
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I further certify that I am not
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16
related to any of the parties to this action
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17
by blood or marriage and that I am in no way
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18
interested in the outcome of this matter.
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In witness whereof, I have hereunto
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set my hand this 2nd day of August, 2011.
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22
------------------------------KATHY S. KLEPFER, RPR, RMR, CRR, CLR 22
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A. KAUFMAN
INDEX
TESTIMONY OF A. KAUFMAN:
Examination by Mr. Roether
Examination by Ms. Feinberg
Examination by Ms. Pierce
Examination by Mr. Ruse

PAGE
7, 320
249
282
300

KAUFMAN EXHIBITS:
PAGE
Exhibit 1, a document bearing Bates Nos.
78
Harel 000365 through 3705
Exhibit 2, a document bearing Bates Nos.
138
Harel 0000055 through 0000078
Exhibit 3, a document bearing Bates Nos.
172
FGANW003624856
Exhibit 4, a document bearing Bates Nos.
173
FGANW003624811 through 3624855
Exhibit 5, a document bearing Bates Nos.
175
FGANW003624809
Exhibit 6, a document bearing Bates Nos.
185
FGANW003624782
Exhibit 7, a document bearing Bates Nos.
192
FGANW003624768
Exhibit 8, a document bearing Bates Nos.
195
FGANW003624758 through 59
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