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

Filing 153

DECLARATION of DANA M. SESHENS in Support re: 143 MOTION in Limine TO BAR USE OF PREJUDICIAL PHRASE., 145 MOTION in Limine TO EXCLUDE STERLING STAMOS DOCUMENTS.. 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 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)(Seshens, Dana)

EXHIBIT A

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

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
11-CV-03605(JSR)(HBP)

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IRVING H. PICARD, Trustee for
the Liquidation of Bernard L.
Madoff Investment Securities LLC,

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v.

Plaintiff,

Videotaped
Deposition of:
DAVID M. KATZ

SAUL B. KATZ, et al.,
Defendants.
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TRANSCRIPT of testimony as taken by and before

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NANCY C. BENDISH, Certified Court Reporter, RMR, CRR

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and Notary Public of the States of New York and New

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Jersey, at the offices of Baker & Hostetler, 45

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Rockefeller Plaza, New York, New York on Wednesday,

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December 28, 2011, commencing at 9:32 a.m.

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PICARD v. KATZ, et al.

CONFIDENTIAL

DAVID M. KATZ 12/28/11
111

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specific BPS or whatever they are that were charged

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for the fund, or funds, plural.

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Q.

You don't recall whether you provided

any commentary into this?
A.
Q.

Not that I recall, no.
You see at the bottom there Stamos

writes "thoughts," question mark?
A.
Q.

Um-hum.
Do you recall if Mr. Stamos ever

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asked you on another -- any other occasion your

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opinion as to what fee discounts to offer to

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investors?

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A.
Q.

I do not recall.
Did you help in any way with respect

to Sterling Stamos' marketing materials?
A.
Q.
A.
Q.
A.

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Q.

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Marketing?
Yeah.
Like what; like brochures and stuff?
Yeah.

Presentations or whatnot.

No.

or brochures?

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A.
Q.
A.

Did you ever review any presentations

For, like, mistakes, or any -For any reason whatsoever.
No.

No.
BENDISH REPORTING, INC.
877.404.2193

PICARD v. KATZ, et al.

CONFIDENTIAL

DAVID M. KATZ 12/28/11
112

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Q.

Do you know if anyone from Sterling

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was involved in helping to draft or in reviewing

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Sterling Stamos marketing materials?

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A.
Q.

No.
Do you know if Sterling Stamos used

marketing materials in soliciting investors?
A.

I actually don't.

I don't recall

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seeing anything, but I am pretty -- have a vague

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memory that they did, but I don't remember seeing

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what it -- what it looks like.
Q.

And do you recall having any

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discussions with anyone at Stamos as to the content

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of those materials?

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A.
Q.

No.
What about the website; did you help

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in any way in terms of setting up the website,

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Sterling Stamos website?

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A.

I thought I said I didn't even know

there was a website.
Q.

You don't recall there being a

website for Sterling Stamos?
A.

No.

No.

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MR. BOHORQUEZ:

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(Exhibit Trustee 168, Email

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Mark that as 168.

w/attachment, Bates SE_T680323-24, marked for
BENDISH REPORTING, INC.
877.404.2193

PICARD v. KATZ, et al.

CONFIDENTIAL

DAVID M. KATZ 12/28/11
326

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record.

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tape 7.

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BY MR. BOHORQUEZ:

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The time is 5:45.

Q.

All right.

This is the beginning of

That's Trustee 187, which

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is Bates SE_T954272 through 314.

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that was produced from your hard copy files

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yesterday by your counsel.

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quick questions about the document.

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It's a document

I just have a couple of

It's titled "Sterling Stamos Company

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Overview, Discussion with Merrill Lynch, February

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2004, Confidential Presentation."

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A.
Q.

Do you see that?

Yup.
Do you know if this was in connection

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with Merrill Lynch becoming a distribution agent for

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Sterling Stamos?

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A.

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Q.

I believe so.
Was there a meeting with Merrill

Lynch that this was presented at?
A.

I remember Peter gave a -- I think I

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might have been asked this -- Peter gave a speech to

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a bunch of -- I don't know if you call them

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salespeople, but they were basically the top, you

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know, X amount of salespeople at Merrill Lynch.

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Asset managers.

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that -- that meeting.

I think this probably was before
I don't think he used this at

BENDISH REPORTING, INC.
877.404.2193

PICARD v. KATZ, et al.

CONFIDENTIAL

DAVID M. KATZ 12/28/11
327

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that meeting, but I could be wrong.

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Q.

A.

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Q.

A.

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Q.

Were you involved at all in the

This document?

No.

And did you review it at any time

before it was provided to Merrill Lynch?

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No.

preparation of this document?

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And do you know -- do you know

who prepared this document?

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Okay.

A.
Q.

Probably not.
Okay.

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oh, last question.

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Now, if you could turn to --

files.

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A.
Q.

This came from your hard copy

Right.
Do you have -- why was it kept in

your hard copy files?
A.
Q.

Why did you put it in there?

I have no idea.
All right.

If you can turn to --

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because -- because of the page numbers like this,

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I'm going to refer to the page numbers at the

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bottom.

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A.
Q.
A.
Q.

Yeah.
I think it's just going to be easier.
Yup.
Can you turn to page 8.
BENDISH REPORTING, INC.
877.404.2193