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

Filing 167

DECLARATION of Regina Griffin in Support re: 162 FIFTH MOTION in Limine To Deem Statements By Sterling Stamos Employees In The Course Of And In Connection With Their Employment By Sterling Stamos As Admissions of The Sterling Defendants.. Document filed by Irving H. Picard. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - Filed Under Seal Pursuant to Protective Order, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15 -1, # 16 Exhibit 15 - 2)(Sheehan, David)

Exhibit 5

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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,

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Rule 2004
Examination of:
DAVID KATZ
(Volume I)

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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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 Tuesday,

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August 31, 2010, commencing at 10:10 a.m.

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

DAVID KATZ 8/31/10

CONFIDENTIAL

SIPC v. BLMIS
2

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A P P E A R A N C E S:

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BAKER & HOSTETLER LLP
45 Rockefeller Plaza
New York, New York 10111
BY: KATHRYN M. ZUNNO, ESQ.
AMANDA E. FEIN, ESQ.
FERNANDO A. BOHORQUEZ, ESQ.
For Irving Picard, Trustee

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DAVIS POLK & WARDWELL LLP
450 Lexington Avenue
New York, NY 10017
BY: DANA M. SESHENS, ESQ.
KAREN E. WAGNER, ESQ.
For Sterling Equities, certain
affiliated entities, and the Witness

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ALSO PRESENT:
GREGORY NERO, ESQ., Sterling Equities
DANIEL McCLUTCHY, Videographer

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BENDISH REPORTING, INC.
877.404.2193

DAVID KATZ 8/31/10

CONFIDENTIAL

SIPC v. BLMIS
103

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A.
Q.
A.
Q.

We don't talk.
You don't talk?
No.
But Sterling is still invested in

Sterling Stamos, right?
A.
Q.

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A.

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Correct.
Is there a reason you don't talk?

diverged.

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Q.
A.

Our visions of the world kind of

Okay.

What do you mean by that?

He looks at things differently.

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still want a smaller office.

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We

originally wanted.

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Q.

We want what we

Was there a particular point in time

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when Sterling Stamos became something other than a

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family office?

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A.

Yeah, when they started taking other

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people's money in more size than just big families,

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you know what I'm saying.

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Q.

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A.

And do you recall when that

happened?

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Okay.

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Q.

No.
Was it prior to Merrill Lynch's

involvement in Sterling Stamos?
A.

Yes.
BENDISH REPORTING, INC.
877.404.2193