Irving H. Picard v. Saul B. Katz et al

Filing 135

DECLARATION of DANA M. SESHENS in Support re: 79 MOTION for Summary Judgment.. Document filed by Charles 15 Associates, Charles 15 LLC, Charles Sterling LLC, Charles Sterling Sub LLC, College Place Enterprises LLC, Coney Island Baseball Holding Company LLC, Estate of Leonard Schreier, FFB Aviation LLC, FS Company LLC, Fred Wilpon Family Trust, Arthur Friedman, Ruth Friedman, Iris J. Katz and Saul B. Katz Family Foundation, Inc., Judy and Fred Wilpon Family Foundation, Inc., Amy Beth Katz, David Katz, Dayle Katz, Gregory Katz, Howard Katz, Iris Katz, 157 J.E.S. LLC, Air Sterling LLC, BAS Aircraft LLC, Jason Bacher, Bon Mick Family Partners LP, Bon-Mick, Inc., Brooklyn Baseball Company LLC, C.D.S. Corp., Michael Katz, Saul B. Katz, Todd Katz, Katz 2002 Descendants' Trust, Heather Katz Knopf, Natalie Katz O'Brien, Mets II LLC, Mets Limited Partnership, Mets One LLC, Mets Partners, Inc., Minor 1 (REDACTED), Minor 2 (REDACTED), L. Thomas Osterman, Phyllis Rebell Osterman, Realty Associates Madoff II, Red Valley Partners, Robbinsville Park LLC, Ruskin Garden Apartments LLC, Saul B. Katz Family Trust, Michael Schreier, Deyva Schreier Arthur, See Holdco LLC, See Holdings I, See Holdings II, Sterling 10 LLC, Sterling 15C LLC, Sterling 20 LLC, Sterling Acquisitions LLC, Sterling American Advisors II LP, Sterling American Property III LP, Sterling American Property IV LP, Sterling American Property V LP, Sterling Brunswick Corporation, Sterling Brunswick Seven LLC, Sterling Dist Properties LLC, Sterling Equities, Sterling Equities Associates, Sterling Equities Investors, Sterling Heritage LLC, Sterling Internal V LLC, Sterling Jet II Ltd., Sterling Jet Ltd., Sterling Mets Associates, Sterling Mets Associates II, Sterling Mets LP, Sterling Pathogenesis Company, Sterling Third Associates, Sterling Thirty Venture LLC, Sterling Tracing LLC, Sterling Twenty Five LLC, Sterling VC IV LLC, Sterling VC V LLC, Edward M. Tepper, Elise C. Tepper, Jacqueline G. Tepper, Marvin B. Tepper, Valley Harbor Associates, Kimberly Wachtler, Philip Wachtler, Bruce N. Wilpon, Daniel Wilpon, Debra Wilpon, Fred Wilpon, Jeffrey Wilpon, Jessica Wilpon, Judith Wilpon, Richard Wilpon, Scott Wilpon, Valerie Wilpon, Wilpon 2002 Descendants' Trust, Robin Wilpon Wachtler. (Attachments: # 1 Exhibit BB, # 2 Exhibit CC, # 3 Exhibit DD, # 4 Exhibit EE, # 5 Exhibit FF, # 6 Exhibit GG)(Seshens, Dana)

EXHIBIT GG

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C O N F I D E N T I A L

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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
ADV. PRO. NO. 08-01789 (BRL)

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SECURITIES INVESTOR PROTECTION
CORPORATION,

Videotaped

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Plaintiff-Applicant,
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v.
BERNARD L. MADOFF INVESTMENT
SECURITIES, LLC,

Rule 2004
Examination of:
MARK PESKIN
(Vol. I)

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Defendant.
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In Re:

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BERNARD L. MADOFF,
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Debtor.
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TRANSCRIPT of testimony as taken by and before

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MONIQUE VOUTHOURIS, Certified Court Reporter, RPR,

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CRR and Notary Public of the States of New York and

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New Jersey, at the offices of Baker & Hostetler,

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LLP, 45 Rockefeller Plaza, New York, New York on

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Thursday, July 29, 2010, commencing at 10:15 a.m.

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BENDISH REPORTING, INC.
Litigation Support Services
877.404.2193
www.bendish.com

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deliberate process.

And -- and it was taking far

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longer than expected, but I had to borrow both of

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them.

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it.

One wouldn't do it unless the other one did

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So $27 million wouldn't be good to me

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or to anybody.

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was contingent upon the other guy closing with me.

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So JPMorgan was ready to close, but

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So I needed the 54.

So everything

they couldn't because Citibank wasn't -- wasn't
there to close.

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And this went on for quite a while.
Call it, you know, T minus three

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days, and I'm getting calls every day from Saul and

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Fred, have you got the money?

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money?

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Have you got the

And -Q.

Just so I'm clear, T minus three days

you mean before the option runs out?
A.

Before the option period starts.

They wanted to make sure we got it.
And, so, he kept on calling.

And I

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kept -- we're going to get it done.

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Citibank kept saying we're going to get it done,

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we're going to get it done.

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Because

In fact, we got it done; very close

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to when I had to get it done.

But I depended upon

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them, and they closed the deal, $54 million.

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On the morning that the money was

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going to be transferred or checks signed or however

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it was going to Cablevision, I got a call from

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JPMorgan and said what's this all about.

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extra $54 million in your account.

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get that from?

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I had no idea.

I have an

Where did you

None whatsoever.

And

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I went to Saul and I said what gives.

And he smiled

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and he said, well, we weren't quite sure whether you

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were going to get it done or not, and we had to

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close, so we had some money transferred in from

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Madoff.

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It just ticked me off that they

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didn't have the faith in me.

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it so vividly.

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That's why I remember

And -- and, in fact, it was a big

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joke, ha ha, from the bank's standpoint, you didn't

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trust us.

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and went right back out either the same day or the

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day after.

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and the money went out.

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And, so, but that money was turned around

It was like, you know, within 24 hours

So I didn't learn about the 54

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occurring until after the fact.

And then as quickly

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as it came, it went.

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with Cablevision, and we went on to create a

We closed our $54 million deal

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network.

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heard of the $54 million.

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That was the first and last time I ever

Q.

Other than Saul Katz telling you that

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they had taken -- they had gotten $54 million from

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Madoff, did he give you any other details about the

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transaction?

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A.
Q.

No, no.
Have you ever had -- have you had any

discussions with anyone else concerning the Madoff
$54 million transaction?
A.

It was only after it all happened,

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after Madoff happened and people were asking

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questions, you folks.

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MS. SESHENS:

I think Fernando is

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going to ask you to exclude from your answer any

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conversations you may have had with counsel.

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think --

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A.

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I

Then I never -MS. SESHENS:

-- if we carve that

out, I don't know if your answer is different.

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A.

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about it.

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Q.

I still -- then I wouldn't have known

Okay.

Just let me clarify and clean

it up for a second.
Other than in preparation for this