Gary Mole and Glacial Energy - Their Links To Blood Diamond Mining In The Congo

Donald Bernard

503 E. Mendenhall, Bozeman, MT 59715 (406) 587-9016Charles Fisher Court Reporting, Inc.

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1

2 MONTANA FIFTH JUDICIAL DISTRICT COURT

3 JEFFERSON COUNTY

4 __________________________________________________

5 ROBERT DONAT,

6 Plaintiff,

7 vs. No. DV-08-10942

8 S & C CORPORATION, DON BERNARD, PETER KOECK,

9 JEFFERSON COUNTY, MONTANA a political subdivision

10 of the State of Montana,

11 and all other persons, unknown

12 claiming or who might claim any right, title,

13 estate, or interest in or

14 lien or encumbrance upon the real property

15 described in the complaint adverse to

16 Plaintiff's ownership or any cloud upon

17 Plaintiff's title thereto, whether such claim

18 or possible claim be present or

19 contingent,

20 Defendants.

21 __________________________________________________

22 VIDEOTAPED DEPOSITION UPON ORAL EXAMINATION OF

23 DONALD BERNARD

24 __________________________________________________

25

Donald Bernard


2 (Pages 2 to 5)

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1 BE IT REMEMBERED, that the videotaped2 deposition upon oral examination of3 DONALD BERNARD, appearing at the instance of4 Plaintiff, was taken at the offices of Charles5 Fisher Court Reporting, 503 East Mendenhall,6 Bozeman, Montana, on Tuesday, April 14, 2009,7 beginning at the hour of 10:03 a.m., pursuant to8 the Montana Rules of Civil Procedure, before9 Allison Nagel, Court Reporter, Notary Public.

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31 APPEARANCES2 ATTORNEY APPEARING ON BEHALF OF THE PLAINTIFF,3 ROBERT DONAT:4 Monica J. Tranel, Esq.

Luxan & Murfitt, PLLP5 Fourth Floor, Montana Club Building

P.O. Box 11446 Helena, Montana 59624-114478 ATTORNEY APPEARING ON BEHALF OF THE DEFENDANT,9 S & C CORPORATION, DON BERNARD, PETER KOECK:

10 Christopher D. Meyer, Esq. CD Meyer Law Firm, PLLP

11 2066 Stadium Drive, Suite 203 P.O. Box 1172

12 Bozeman, Montana 5977113141516171819202122232425

41 I N D E X2 EXAMINATION OF MR. DONALD BERNARD BY: PAGE:3 Ms. Tranel, Esq. 154

5 E X H I B I T S6 DEPOSITION EXHIBITS: PAGE:7 Exhibit No. 1 Public Utility 1428 Commission Rep Report 1449 Re: Energy West

10 Resources, LTD.11 Exhibit No. 2 7/19/2004 Wire Transfer 14612 Request Form 15013 from S&C Corporation 20014 for $500,000.0015 Exhibit No. 3 3/1/2004 Articles of 16416 Incorporation for17 Domestic Profit18 Corporation19 Exhibit No. 4 By-laws of S&C 16620 Corporation21 (Pgs. 1-13)22 Exhibit No. 5 3/30/2004 Resolutions 16723 Adopted By Incorporator24 Of S&C Corporation25

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1 I N D E X (continued)2 E X H I B I T S3 DEPOSITION EXHIBITS: PAGE:4 Exhibit No. 6 6/2/2004 Corporate 1735 Banking Resolution 2496 Depositor: S&C Corporation7 Financial Institution:8 Rocky Mountain Bank9 Exhibit No. 7 6/2/2004 Minutes of 177

10 S&C Corporation11 Re: Opening bank account12 at Rocky Mountain Bank13 Exhibit No. 8 6/19/06 Glacier Bank 18414 Account Document15 Exhibit No. 9 3/30/2004 Resolutions 20716 Adopted by Sole17 Director and Shareholder18 of S&C Corporation19 Exhibit No. 10 6/7/2004 Minutes of 20820 Special Meeting of21 The Board of Directors22 of S&C Corporation232425

Donald Bernard


3 (Pages 6 to 9)

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1 I N D E X (continued)2 E X H I B I T S3 DEPOSITION EXHIBITS: PAGE:4 Exhibit No. 11 6/28/2006 Profit Sharing 2105 Agreement between 2176 Robert Donat and7 S&C Corporation8 Exhibit No. 12 3/30/2004 2139 5/2/2005

10 S&C Corporation11 Stock Certificates12 for Peter Koeck,13 Bob Donat, and14 Don Bernard15 Exhibit No. 13 7/17/2005 letter from 21416 Peter Koeck to17 Don Bernard18 Re: Issuing one share19 of stock to Bob Donat20 Exhibit No. 14 Montana Property 22521 Consultants22 Lots sale listing232425

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1 I N D E X (continued)2 E X H I B I T S3 DEPOSITION EXHIBITS: PAGE:4 Exhibit No. 15 11/1/2006 Buy-Sell 2305 Agreement between6 S&C Corporation and7 Robert Donat8 Exhibit No. 16 9/22/2005 Peter Koeck 2319 Durable Power of Attorney

10 appointing Robert Donat11 Exhibit No.. 17 11/2006 Authorization 23212 To Enter Into Contracts13 Exhibit No. 18 10/31/2006 Minutes of 23314 Special Meeting of The15 Board of Directors of16 S&C Corporation17 Re: Bob Donat negotiating18 and selling real estate19 belonging to corporation20 Exhibit No. 19 3/7/2008 E-mails 23921 between Peter Koeck22 And Don Bernard232425

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1 I N D E X (continued)2 E X H I B I T S3 DEPOSITION EXHIBITS: PAGE:4 Exhibit No. 20 3/5/2008 copy of 2505 check no. 544 2686 for $113,075.007 to S&C Corporation8 from Robert Donat9 Exhibit No. 21 3/5/2008 copy of 251

10 Transaction Receipt 26311 from Rocky Mountain 26812 Bank for $113,075.0013 Exhibit No. 22 12/17/2007 copy of 25214 check from Robert 27715 Donat to Surety Title16 for $125,162.3617 Exhibit No. 23 7/5/2007 Incoming 25518 Wire-Advice of Credit19 Rocky Mountain Bank20 Originating Party:21 Dragon Advance22 Beneficiary Party:23 Robert Donat2425

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1 I N D E X (continued)2 E X H I B I T S3 DEPOSITION EXHIBITS: PAGE:4 Exhibit No. 24 12/27/2007 Outgoing 2555 Wire-Advice of Debit 2766 Rocky Mountain Bank7 Originating Party:8 S&C Corporation9 Beneficiary Party:

10 Sam Panama Trading Co11 Exhibit No. 25 12/27/2007 Outgoing 25612 Wire-Advice of Debit13 Rocky Mountain Bank14 Originating Party:15 S&C Corporation16 Beneficiary Party:17 First Clearing LLC18 Exhibit No. 26 6/26/2008, 6/27/2008 25919 E-mails between20 Don Bernard and21 Peter Koeck22 Exhibit No. 27 2/29/2008 Memo from 25923 Boyd Taylor CPA, PC24 Re: Income and taxes25

Donald Bernard


4 (Pages 10 to 13)

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1 I N D E X (continued)2 E X H I B I T S3 DEPOSITION EXHIBITS: PAGE:4 Exhibit No. 28 2/21/2008 E-mails 2665 between Peter Koeck6 and Bob Donat7 Re: Money8 Exhibit No. 29 12/7/2007 E-mail 2689 from Peter Koeck

10 to Bob Donat11 Exhibit No. 30 U.S. Corporation Income 27312 Tax Return - 200713 S&C Corporation14 Exhibit No. 31 S&C Corporation 27415 Profit & Loss16 July 2007 through17 June 200818 Exhibit No. 32 2007 - Form 1099-S 27819 Proceeds From Real20 Estate Transactions21 Filer's Name:22 Surety Titles, LLC23 Transferor's Name:24 S&C Corporation25

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1 I N D E X (continued)2 E X H I B I T S3 DEPOSITION EXHIBITS: PAGE:4 Exhibit No. 33 12/22/2007 E-mails 2855 between Peter Koeck6 and Bob Donat;7 Peter Koeck and8 Donald Bernard9 Exhibit No. 34 2/3/2008 E-mail 287

10 from Luis A. Bertone11 to Peter Koeck;12 2/3/2008 E-mail13 from Peter Koeck to14 Donald Bernard15 Exhibit No. 35 12/7/2007 Minutes of 29116 Special Directors17 Meeting of S&C18 Corporation19 Exhibit No. 36 2/1/2007 Affidavit 244-24620 with attached 28321 minutes of Special 28922 Directors Meeting 33923 of S&C Corporation24 held 12/13/200725

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1 I N D E X (continued)2 E X H I B I T S3 DEPOSITION EXHIBITS: PAGE:4 Exhibit No. 37 3/20/2008 Affidavit 244-2465 with attached 238-2396 summary of 2837 instructions from 2898 S&C Corporation Board 3399 of Directors meeting

10 held 4/7/200811 Exhibit No. 38 2/20/2009 Affidavit 244-24612 with attached copy 238-23913 of Minutes of Special 28314 Directors Meeting of 28915 S&C Corporation held 33916 2/19/200917 Exhibit No. 39 11/3/2008 letter/fax 30318 from Christopher D. 33919 Meyer to Monica Tranel20 Re: Donat v. S&C21 Corporation and Donald22 Bernard, DV-08-1094223 Exhibit No. 40 4/10/2009 E-mail 34324 from Joseph Walden25 to Bob Donat

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1 I N D E X (continued)2 E X H I B I T S3 DEPOSITION EXHIBITS: PAGE:4 Exhibit No. 41 6/15/2005 E-mail 3495 to Bob Donat6 from Peter Koeck7 Re: Expenses89

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Donald Bernard


5 (Pages 14 to 17)

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1 Tuesday, April 14, 20092 VIDEOGRAPHER: This is the video3 deposition of Donald Bernard taken in the Montana4 Fifth Judicial District Court, Jefferson County,5 Cause No. DV-08-10942, Robert Donat versus S & C6 Corporation, et al. Today is April 14th, 2009.7 The time is 10:03 a.m. We are present at the8 offices of Charles Fisher Court Reporting, 5039 East Mendenhall, Bozeman, Montana. The court

10 reporter is Allison Nagel, and the video operator11 is Lori McMullen of Charles Fisher Court12 Reporting. The deposition is being taken pursuant13 to notice. I would now ask the attorneys to14 identify themselves and for whom they represent.15 MS. TRANEL: I'm Monica Tranel. I16 represent Bob Donat.17 MR. MEYER: I'm Christopher Meyer. I18 represent S & C Corporation, Donald Bernard, and19 Peter Koeck.20 VIDEOGRAPHER: And whoever else is21 present.22 MR. DONAT: Robert Donat, representing23 myself.24 VIDEOGRAPHER: The court reporter will25 now swear in the witness.

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1 Thereupon,2 DONALD BERNARD,3 a witness of lawful age, having been first duly4 sworn to tell the truth, the whole truth, and5 nothing but the truth, testified upon his oath as6 follows:7 MR. SCHUPACK: Would this be the spot? I8 hope this is the spot -- I didn't just come9 barging in somewhere. I'm Alan Schupack.

10 MS. TRANEL: And you are --11 MR. SCHUPACK: With Tina Guestburo. I12 don't think this is the right place. My13 apologies.14 MS. TRANEL: Well, you're welcome to join15 us if you'd like, but -- so -- okay. We'll go16 ahead and get started, then.17 EXAMINATION18 BY MS. TRANEL:19 Q. Don, for the record, can you give us your20 full name?21 A. Donald Ray Bernard.22 Q. And how do you spell your -- can you23 spell your whole name?24 A. D-o-n-a-l-d R-a-y B-e-r-n-a-r-d.25 Q. Do you go by any nicknames?

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1 A. No nicknames.2 Q. Have you ever been known as any -- by any3 other name?4 A. No.5 Q. And is it okay with you if I call you6 Don?7 A. Sure.8 Q. Okay. Are you carrying a weapon today?9 A. No.

10 Q. Have you ever had your deposition taken11 before?12 A. Yes.13 Q. In what case?14 A. I don't remember the style of it. Um,15 there's been -- probably 25 years ago.16 Q. When -- one time, or how many depositions17 have you had taken?18 A. I think that's the only one.19 Q. Just once?20 A. I believe so.21 Q. About 25 years ago?22 A. Yes.23 Q.. Okay. In what state?24 A. Texas.25 Q. And you don't remember the case?

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1 A. No. I don't remember the style of it. I2 remember the case; I don't remember the style of3 it.4 Q. What do you remember -- what do you mean5 by "style"?6 A. The name of it.7 Q. Okay.8 A. I --9 Q. Civil or criminal?

10 A. Civil.11 Q. Okay. And were you suing, or were you12 being sued?13 A. I was being sued.14 Q. And what -- do you -- what was it about?15 A. I own an airplane, and another pilot flew16 it and crashed it. And it was primarily a suit17 against the mechanic that worked on the plane, but18 since I was one of the owners, then I was a named19 party.20 Q. Okay. So you were named as a defendant?21 A. And I was called --22 Q. Okay.23 A. -- to testify.24 Q. Okay. Do you have a copy of that25 deposition?

Donald Bernard


6 (Pages 18 to 21)

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1 A. No.2 Q. Do you know where I could get one?3 A. I have no idea.4 Q. Okay. Have you -- did you ever see a5 copy of it?6 A. I don't recall if I did.7 Q. Okay. So, you probably know a little bit8 about the ground rules, then, if you've had your9 deposition taken, but I'll refresh them for you

10 just so we're all clear today. We'll talk one at11 a time. If you don't understand anything that I12 ask you, I'll explain it. You can't nod. No13 "mm-hmm." No shakes of the head. Everything has14 to be verbal and oral. Do you understand all15 that?16 A. I understand.17 Q.. And you understand that you're under18 oath?19 A. Yes.20 Q. Okay. And you understand that this is21 your testimony just as if we were at trial?22 A. Yes.23 Q. And we can use this at trial?24 A. Yes.25 Q. You understand that?

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1 A. (The witness nodded.)2 Q. Okay. And you understand that this is a3 pursuit of the truth?4 A. Yes.5 Q. And nobody's here to trick you, so if you6 don't understand something, I'll explain it. All7 we're trying to do is get to the truth of the8 issues. Do you understand that?9 A. Yes.

10 Q. Okay. Do you have a copy of the subpoena11 and the notice of deposition that was sent to you?12 A. No.13 Q. You were given in -- a copy of the --14 A. Yes.15 Q.. -- notice? Okay. Did you bring any16 documents with you to this deposition?17 A. You want to know what I brought with me?18 Q. I asked --19 A. I --20 Q. -- did you bring any documents with you?21 A. Yes.22 Q. And what are they?23 A. Corporate minutes book. That's this.24 Q. What else?25 A. I brought the subdivision plat and an

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1 e-mail from Bob Donat to me --2 Q. Okay.3 A. -- and the original affidavits, the three4 affidavits --5 Q. Okay.6 A. -- that were filed regarding this case.7 Q. Okay. And can we make copies of all8 these documents here? Okay. Can I go ahead and9 look at those --

10 A. Sure.11 Q. -- what -- everything that you brought?12 And -- and we'll go through these -- we'll go13 through these in the course of your deposition and14 -- and make copies of everything. Can I see the15 rest of your file?16 A. Oh, did I not give you the other17 affidavit -- here.18 Q. Okay.19 A. These are blank papers.20 Q. Okay. And then this is a corporate21 minute meeting book that you brought?22 A. Yeah.23 Q. Okay. Can I look at that?24 A. Sure.25 Q. Is this something that we can copy here?

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1 VIDEOGRAPHER: Mm-hmm.2 Q. (By Ms. Tranel) And this is -- okay.3 Okay. So we'll go through these. What's your4 mailing address?5 A. 14 Scenic Drive, Whitehall, Montana 59 --6 COURT REPORTER: Can you spell that,7 please?8 THE WITNESS: I'm sorry?9 COURT REPORTER: I'm sorry, what was that

10 street name?11 THE WITNESS: Scenic, S-c-e-n-i-c Drive,12 Whitehall, Montana.13 Q. (By Ms. Tranel) And the zip code there?14 A. 59759.15 Q. Okay. And where is that property16 physically located?17 A. It's between Butte and Whitehall, in the18 Upper Radar Creek area.19 Q. Which is north or south of the20 interstate?21 A. It's south of the interstate.22 Q. Okay. Near Pipestone?23 A. Yes.24 Q. Okay. Off of Old Highway 2?25 A. Yes.

Donald Bernard


7 (Pages 22 to 25)

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1 Q. Okay. Do you actually live on the2 property there?3 A. Yes.4 Q. Okay. And how many acres do you own?5 A. 40.6 Q. And is it in your name?7 A. My name and my wife.8 Q. Are you -- you're joint tenants?9 A.. Pardon?

10 Q. Are you joint tenants?11 A. Yes.12 Q. When did you buy it?13 A. I believe it was 1996.14 Q. Who did you buy it from?15 A. Mary Toff.16 Q. And how did you pay for it?17 A. How do you mean that?18 Q. Cash or finance?19 A. Oh, finance --20 Q. You financed it?21 A. -- and cash.22 Q. Who did you finance it with?23 A. Associates Finance, which then became24 City Finance.25 Q. Have you ever done any work on your

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1 house?2 A. Yes.3 Q. Can you describe that?4 A. We added a garage and a connection from5 the house to the garage, which is like a sunroom.6 Q. Mm-hmm. Did you work on the house7 itself?8 A. Well, we've replaced the roof one time --9 Q. Mm-hmm.

10 A. -- but otherwise, just the usual11 maintenance things.12 Q. When did you add the garage and the13 sunroom?14 A. It was finished in 2006.15 Q. And how long did that -- when did it16 start?17 A. Probably a year --18 Q. Okay. Who paid for that --19 A. Or --20 Q. -- work?21 A. I did.22 Q. You did? Okay. And do you own any other23 real property in Montana, other than the 40 acres?24 A. No.25 Q. Okay. Are you currently employed?

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1 A. I'm employed.2 Q. For -- with whom -- by whom?3 A. Glacial Energy.4 Q. Glacial Energy? What is that?5 A. It's a power -- or energy company.6 Q. Where is it headquartered?7 A. U.S. Virgin Islands.8 Q. Who owns it?9 A. I'm one of the owners.

10 Q. Share -- it's shareholders? Who are11 the --12 A.. Yes.13 Q. -- who are the major owners of it?14 A. The names of the major owners?15 Q. Yeah.16 A. Gary Mole and myself and my wife.17 Q. What's your ownership percentage in that?18 A. It's about 35 percent.19 Q. Okay. What does that company do?20 A. It's -- it buys power -- electric21 power --22 Q. Mm-hmm.23 A. -- and sells electric power.24 Q. Does it --25 A. And it does -- it does some other

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1 activities, but that's the main thing.2 Q. Does it generate power?3 A. No.4 Q. Just buys and sells?5 A. Yes.6 Q. Doesn't distribute?7 A. No.8 Q. Does it own any assets?9 A. Uh -- like what?

10 Q. Hard assets?11 A. Um, no. It -- other -- well, of course12 it owns office equipment, computers --13 Q. Mm-hmm.14 A. -- things like that.15 Q. What are -- where are its offices located16 other than the Virgin Islands?17 A. Um, from the Midwest to the East Coast,18 in different cities.19 Q. Can you name them?20 A. There'd be Houston; Dallas; Chicago;21 Washington DC -- just outside Washington --22 Sandwich, Massachusetts; and I think -- those are23 the main ones.24 Q. How many employees does the company have?25 A. In the power gen -- in the power sales,

Donald Bernard


8 (Pages 26 to 29)

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1 probably a hundred and thirty or forty, something2 like that.3 Q. Are there other employees in other areas?4 A. Yes.5 Q. And can you tell me about that?6 A. We have a mining division.7 Q. Oh, you do? What do you mine?8 A. Cassiterite, primarily.9 Q. And where do you -- where's the mine?

10 A. In Democratic Republic of Congo.11 Q. Okay. And who runs that?12 A. We have a general manager that does that.13 Q. Mm-hmm. And do you oversee those14 operations?15 A. Yes.16 Q. You do? Okay. What's your -- what's17 your job with this company? What do you do?18 A. I'm actually the chairman of that19 corporation there, and then I'm an adviser to the20 main company.21 Q. Okay. So the main company is --22 A. Glacial --23 Q. Oh --24 A. -- Energy..25 Q. -- okay. And what are its subsidiaries?

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1 A. Glacial Energy, LLC.2 Q. And anything else?3 A. No. I think -- we -- I think it has one4 other, which is Glacial Energy New York.5 Q. Mm-hmm.6 A. I believe that's where it is now.7 Q. Mm-hmm.8 A. I just advise to that company; I'm not an9 officer of that company.

10 Q. Are you an officer in the parent company?11 A. No. That's what I'm talking about.12 Q. Okay --13 A.. No, I'm not.14 Q. -- in the subsidiary, are you an officer?15 A. In the subsidiary, yes.16 Q. And what's your title?17 A. Chairman.18 Q. Okay. And you own shares in that one as19 well?20 A. No, that's owned by Glacier --21 Q. It's -- oh, okay.22 A. -- Glacial --23 Q. Okay.24 A. -- Energy.25 Q. When did you invest in Glacial Energy?

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1 A. The entire operation started many years2 ago and I have no idea what date it was. It3 evolved, finally, into what it is today.4 Q. What year -- can you guess?5 A. In the mining part, probably started6 in -- around 1998, something like that.7 Q. And the other part -- the power buy-sell?8 A. Well, the origin of that was probably9 about the same time --

10 Q. Okay.11 A. -- but I wasn't involved in that. That's12 when the other shareholder was doing the power13 business.14 Q. And the other shareholder was Gary?15 A. Gary --16 Q. Okay.17 A. -- yeah.18 Q. So there are two of you?19 A. Yes.20 Q. Okay. When did you invest in the power21 part of it?22 A. It was over a period of time, probably23 starting in -- well, I -- I can't give you an24 exact time. It was probably -- I was starting to25 work in that area in the -- maybe 2003 or so.

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1 Q. Okay. When you say you were starting to2 work in it, does that mean that's when you3 invested in it?4 A. When -- yes. I -- I started working in5 developing that business, studying the issues that6 were happening at the time because this was around7 the time of Enron and, um -- and the company up8 here, which was Touch America -- originally9 Montana Power -- and seeing what we could do in

10 that area.11 Q. And it -- my question was: Is that when12 you invested in it?13 A. That's when we -- yes, I think so. It14 would have been about that time.15 Q. Okay. So your initial investment in the16 power company was about 2003?17 A. I believe it's somewhere in that time --18 Q. Okay. And then --19 A. -- frame.20 Q. -- you had previously invested in the21 mining portion of the company? Is that what you22 said?23 A. I started on that, um -- yes, I was doing24 research at that time --25 Q. Mm-hmm.

Donald Bernard


9 (Pages 30 to 33)

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1 A. -- in both things, we were doing2 research, trying to determine exactly what3 opportunities were available --4 Q. Had you --5 A. -- and what --6 Q. -- invested in it?7 A. Well, yes, it costs money to do this --8 Q.. Okay.9 A. -- yes.

10 Q. Okay. So you invested money into the11 mining portion of it when?12 A. Probably starting in about 1998.13 Q. Okay. All right. Um -- and we'll come14 -- we'll come back to that, but I wanted to go15 through your employment history. So you're16 currently employed with Glacial Energy?17 A. Yes.18 Q. As -- do you have a title? You said19 you're chairman of --20 A. No, I'm --21 Q. -- the subsidiary --22 A. -- adviser to the board.23 Q. That's your title? You're --24 A. Yeah.25 Q. -- an adviser to the board?

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1 A. Yes.2 Q. Okay. Are you compensated for that3 position?4 A. Yes.5 Q. How much?6 A. It varies, but probably in the range of7 200,000 a year. I --8 Q. Any other benefits --9 A. -- it varies, though.

10 Q. Any other benefits? Health insurance?11 A.. No, I don't have other benefits.12 Q. Okay. Is your wife employed by the13 corporation?14 A. Yes.15 Q. And what's her title?16 A. She just does consulting for it.17 Q. Okay. And does she also currently work18 for the park service?19 A. Just seasonally.20 Q. Okay. So she's not a full-time employee21 there?22 A. That's correct.23 Q. And is it the federal --24 A. Yes.25 Q. -- park service? Okay. And she's a

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1 seasonal employee -- is it summers or --2 A. Summers.3 Q. -- what season? Okay. And she's still4 doing -- will she do that this summer?5 A. Yes.6 Q. Okay. Is she compensated by Glacial7 Energy for her consulting work?8 A. Yes.9 Q. Okay. How much?

10 A. I think it's around 2,000 a month.11 Q. Okay. Um, do you currently get any kind12 of Social Security, any other federal kind of --13 A. Yes.14 Q. You do? Okay. Um, can you tell me about15 your military experience?16 A. I was in the U.S. Navy.17 Q. When did you -- did you enlist, or were18 you drafted?19 A. Neither.20 Q. How did you get involved in the U.S.21 Navy?22 A. I was commissioned an officer in the23 Navy.24 Q. What -- can -- I don't understand what25 that means. Can you tell me? I don't understand

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1 that process.2 A. Well, you asked me whether I enlisted or3 drafted. I said no, I was commissioned as an4 officer in the Navy.5 Q. When were you commissioned?6 A. 1954.7 Q. By whom?8 A. The President of the United States.9 Q. The President called you up and asked you

10 to serve in the Navy?11 A. No. The President appoints every officer12 of every military branch.13 Q. Okay. So explain to me how you were --14 how you came to be commissioned as an officer.15 A. I went through the training --16 Q. Okay.17 A. -- that the Naval ROTC program has.18 Q. So you joined the ROTC in college --19 A. In college --20 Q. Okay.21 A. -- yes.22 Q. So you -- so you volunteer -- voluntarily23 en -- you enlisted, but it's not really24 enlisting --25 A. No, I didn't enlist; I took the course in

Donald Bernard


10 (Pages 34 to 37)

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1 college --2 Q. Right.3 A. -- and signed an agreement with the Navy4 to accept a commission.5 Q. What does ROTC stand for?6 A. Reserve Officers' Training Corp.7 Q. So once you went through that program,8 you became an officer?9 A. It's a four-year program; at the end,

10 you're commissioned.11 Q. Okay. And so you --12 A.. But the commissions are issued by the13 President --14 Q. Okay.15 A. -- technically.16 Q. Okay. And then when you were17 commissioned, where did you serve?18 A. I served in a lot of places. The19 Pacific --20 Q. Mm-hmm.21 A. -- the Atlantic -- is that what you mean?22 Q. Yeah, I'm just -- where -- where did you23 go? When -- once you became an officer, where did24 you go? What did you do?25 A. I was on a minesweeper.

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1 Q. Where were you on a minesweeper?2 A. We were on the West Coast and up through3 Alaska --4 Q. Uh-huh.5 A. -- and Lucian's area.6 Q. What year was that?7 A. '54, '55.8 Q. Okay. And how long did you do that?9 A. '54 until mid-'55.

10 Q. Okay. And then what did you do after11 that?12 A. I went to a destroyer in the Seventh13 Fleet.14 Q. Okay. And how did that come to happen?15 A. You get assigned --16 Q. Okay.17 A. -- by the Navy --18 Q. Okay.19 A. -- where -- wherever they need you.20 Q. Okay. And then how long were you on that21 destroyer?22 A. Oh, about one year.23 Q. And where was that?24 A. It was in the -- it was Korea, Vietnam,25 Malaysia --

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1 Q. Mm-hmm.2 A. -- area.3 Q. And what did you do on the destroyer?4 A. I was, um, a deck officer --5 Q. Mm-hmm.6 A. -- which meant that I was -- I served as7 officer of the deck --8 Q. Mm-hmm..9 A. -- underway --

10 Q. Mm-hmm.11 A. -- and in port, and, um, damage control12 officer.13 Q. Okay. And then that lasted until what14 year?15 A. 1956.16 Q. And what did you do after that?17 A. I went back to school.18 Q. Okay. So you resigned from the19 military --20 A. No.21 Q. -- at that point?22 A. No.23 Q. You remained in the military?24 A. Yes.25 Q. Okay. And when -- how long did you serve

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1 in the military?2 A. I was in the active reserve for another3 18 years.4 Q. Okay. And what were your duties in the5 active reserve?6 A. I was assigned to an intelligence7 division.8 Q. Mm-hmm.9 A. I then was in the Submarine Division.

10 And then I was in the Anti-submarine Division, and11 then public relations.12 Q. And what did you -- what did you do for13 -- in those jobs? How often did you actively14 serve in those roles?15 A. Once -- one weekend per month, I would,16 um, go to the training for that position. And17 then every quarter, we would go to sea for three18 days.19 Q. So, four times a year?20 A. About 16 times a year.21 Q. Okay. But you were at sea --22 A. Four times a year --23 Q. Okay.24 A. -- no, correction: Five times a year --25 Q. Okay.

Donald Bernard


11 (Pages 38 to 41)

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1 A. -- because there was a two-week period,2 also.3 Q. Okay.4 A. That -- this was active reserve --5 Q. Okay.6 A. -- not just standby.7 Q. What's the difference?8 A. Well, active, you're in training9 constantly, and you're assigned to sea billets

10 that you go to in case they need you --11 Q. Mm-hmm.12 A. -- for longer than the two weeks. You13 have a place to go.14 Q.. Mm-hmm. Where did you go? Just give me15 some examples of places where you went during the16 course of that time, when you were doing that.17 A. Sometimes I'd go to Long Beach,18 California.19 Q. Mm-hmm.20 A. Sometimes Charleston.21 Q. Mm-hmm.22 A. Sometimes to Washington DC -- to the23 Pentagon.24 Q. Okay. Were you --25 A. And New Orleans.

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1 Q. Okay. And when did you retire from the2 military?3 A. I believe the date was in 1976.4 Q. Okay. And what -- what -- at what rank?5 A. Commander.6 Q. Okay. And when you were first --7 describe the different ranks to me. When you8 first came in, what rank were you?9 A. Ensign.

10 Q. And then how did you -- what are the11 ranks between ensign and commander?12 A. Lieutenant junior grade --13 Q. Mm-hmm.14 A. -- lieutenant, lieutenant commander,15 commander.16 Q. Okay. Were you honorably discharged?17 A. I was honorably retired --18 Q. Okay.19 A. -- not discharged. I'm still not20 discharged.21 Q. Okay. Tell me about your education.22 Where'd you go to high school?23 A. In Houston.24 Q. Okay. Is that where you grew up?25 A. Yes.

40

1 Q. All right. Were you born there?2 A. Yes.3 Q. How many brothers and sisters do you4 have?5 A. Three.6 Q. Brothers or sisters?7 A. One brother and two sisters.8 Q. And where do they live?9 A. One lives in Houston; one lives in

10 Dallas; and -- well, actually, one brother lives11 in Houston; one sister lives in Houston; one12 sister lives in Dallas.13 Q. And where'd you go to high school?14 What's the name --15 A. San Jacinto High School.16 Q. What's the name of it?17 A. San Jacinto.18 Q. Is that a public high school or a --19 A. Yes, it's a public high school.20 Q. Okay. Is it still there today?21 A. It's a community college.22 Q. Oh, okay. And then where'd you go to23 college?24 A. University -- are you talking about each25 college that I attended?

41

1 Q. Did you go to more than one?2 A. Yes.3 Q. Okay. Yeah, tell me the colleges that4 you went to.5 A. University of Guatemala.6 Q. Is that where you started after high7 school?8 A. That's the first one I went to.9 Q. Did you go right out of high school?

10 A. Yes.11 Q. Okay.12 A. But that was just summer school.13 Q. Okay. And then where?14 A. University of Michigan.15 Q. Okay.16 A. University of Texas.17 Q. Any others?18 A. Took some courses at the University of19 Houston.20 Q. Okay. Where did you graduate from?21 A. University of Texas.22 Q. And what was your degree in?23 A. I have three degrees.24 Q. What were they in?25 A. BA, JD, and LLM.

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1 Q. What was your undergrad degree in?2 A. It was primarily political science and3 economics.4 Q. Okay.5 A. But it was a combination program, so. . .6 Q. In those two fields?7 A. Yeah.8 Q. And where -- and did you go to law school9 right after college?

10 A. Well, it was combined with the entry11 courses for law school.12 Q. Okay. So --13 A. That's what I was referring to, so -- I14 went directly into law school --15 Q. Okay.16 A. -- in the third year, but I didn't17 graduate at that time because that's when I -- I18 went into the Navy.19 Q. Okay. Which law school?20 A. University of Texas.21 Q. Okay. And you went into the Navy instead22 of finishing law school?23 A. At that time, yes.24 Q. Okay. And then you did the two-year25 stint in the Navy and came back to school?

43

1 A. Yes.2 Q. Okay. Where did you go back to school?3 A. University of Texas.4 Q. And that was law school?5 A. Yes.6 Q. Okay. So what year were you in law7 school when you came back?8 A. '56 to -- well, it stretched out to about9 '63 because I did the other degree, too, and I was

10 working, so. . .11 Q. Okay. So when you say '63, did you get12 your LLM in 1963?13 A. Yes.14 Q. Okay. So when did you get your JD?15 A. '58 --16 Q. From which school --17 A. -- or '59 -- no, '58, I think.18 Q. From which school?19 A. University of Texas.20 Q. Okay. And then you stayed there for your21 LLM?22 A. Yes.23 Q. Okay. And then it took you another four24 years after that --25 A. Yes.

44

1 Q. -- to get your LLM?2 A. Yes.3 Q. Or five years?4 A. Well, it'd be five years, I guess.5 Q. Okay. And what's your LLM in?6 A. It's -- it deals with the international7 practice of special verdicts that are used in8 Texas -- the origin and development of it.9 Q. Of special verdicts in Texas?

10 A. Yes. That's what the research was in.11 Q. Okay. Did you graduate with any honors12 or any kind of special status?13 A. I graduated with honors, yes.14 Q. You did?15 A. Mm-hmm.16 Q. Cum laude, summa cum laude --17 A. No, I was -- well, to the extent you call18 it "honors," the Phi Delta Phi honorary --19 Q. Mm-hmm.20 A. -- fraternity.21 Q. Okay. Um, have you ever taken a bar22 exam?23 A. Yes.24 Q. Which one?25 A. Texas.

45

1 Q. And did you pass it?2 A. Yes.3 Q. First time?4 A. Yes.5 Q. Okay. Have you ever been licensed to6 practice law?7 A. Yes.8 Q. Where?9 A. In -- well, in Texas.

10 Q. Okay. And, um, have you ever been11 licensed anywhere else?12 A. No.13 Q. When were you licensed to practice law in14 Texas?15 A. It would have been 1958.16 Q. And how long were you licensed to17 practice there?18 A. I retired in -- probably around 1990 --19 about 19 years ago, I guess, because I went into20 business at that time.21 Q. In 1990? So from 1958 to 1990 what were22 you doing?23 A. Well, I did different things. I24 practiced, and I also, um, was in a company with a25 couple of partners during the '70s.

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1 Q. What kind of practice did you have?2 A. It's a business practice.3 Q. Who were your partners?4 A. Just my father.5 Q. It was you and your dad?6 A. Yeah.7 Q. Okay.8 A. Yes.9 Q. And you did business law?

10 A. Yes.11 Q. Give me an example of some of the work12 you did.13 A. I -- I would say formation of14 corporations, working with the boards or the15 owners of the companies in an advisory capacity --16 Q. Mm-hmm.17 A. -- and their businesses.18 Q. Did you ever try any cases?19 A. Some.20 Q. Jury trials?21 A. Some..22 Q. One? Ten?23 A. Not too many. I don't recall the number.24 Q. Okay. Did you ever practice with anybody25 besides your dad?

47

1 A. No.2 Q. Were you ever working as a lawyer other3 than in private practice with your dad?4 A. Pardon? Working --5 Q. Did you ever work for the state, for the6 government --7 A. Yes.8 Q. When? As a lawyer?9 A. Yes.

10 Q. When?11 A. In 1958 through 1960.12 Q. What were you doing?13 A. I was a briefing attorney.14 Q. For whom?15 A. The Supreme Court of Texas.16 Q. And what did you do?17 A. I was a briefing attorney.18 Q. What kind of briefs did you write?19 A. The Supreme Court in Texas just handles20 civil --21 Q. Mm-hmm.22 A. -- matters.23 Q. Mm-hmm.24 A. So it was civil matters.25 Q. So you were writing briefs defending the

48

1 state --2 A. Oh, no. No --3 Q. -- and appeals --4 A. -- the Supreme Court hears cases from5 everyone --6 Q. Uh-huh.7 A. -- and any case that came up on appeal,8 they'd assign to different judges.9 Q. So you worked for the Supreme Court, not

10 for the state?11 A. I was working for the Supreme Court.12 Q. Okay. For any particular justice on the13 court or just for the court generally?14 A. No, we were each assigned to a judge --15 different judges.16 Q. Which judge did you work for?17 A. Judge Griffin, Judge Culver -- primarily.18 Q. Okay. And you wrote briefs for them,19 like you were their law clerk?20 A. Yes.21 Q. Is that what you --22 A. Yes.23 Q. -- you did? Okay. Okay. And then you24 were also getting your LLM during that period of25 time?

49

1 A. Yes.2 Q. Okay. And then after that, when did you3 go into practice with your dad?4 A. No, I went from there to the attorney5 general's office --6 Q. Okay.7 A. -- as an assistant attorney general in8 Texas.9 Q. Okay. Prosecuting cases?

10 A. No, we didn't do criminal.11 Q. You just did civil work?12 A. Civil.13 Q. Okay. And what did you -- what -- what14 kind of cases did you handle for the AG's office?15 A. Um, cases involved with the trust16 division.17 Q. So you were in a --18 A. Charitable trust division.19 Q. Okay. Which means what? What were you20 doing?21 A. We had cases where the state was acting22 as a trustee or was a beneficial owner of some23 asset.24 Q. How long did you do that?25 A. About a year and a half.

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1 Q. Okay. And what did you do after that?2 A. Private practice.3 Q. Then you went in with your dad?4 A. Yes.5 Q. Okay. And what -- did you tell me what6 town that -- where were you in Texas?7 A. Houston.8 Q. You were in -- that was all in Houston?9 A. Yes.

10 Q. Okay. And you did that until 1990?11 A. Approximately, yeah.12 Q.. Was your dad with you that entire time?13 A. Well, at that time, he died. And that --14 Q. When did he die?15 A. Pardon?16 Q. When did he die?17 A. That would have been 1988. And so I just18 ended up finishing up some things that he was19 doing --20 Q. Mm-hmm.21 A. -- and that was it.22 Q. And then you closed it up?23 A. Yes.24 Q. Okay. And then what did you do in 1990?25 A. That's when I started, um, doing work, um

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1 -- some work in the Middle East. And I think2 primarily -- well, let me back up a minute. I'd3 done work prior to that time in Abu Dhabi and4 Jordan, and then early '90s, I was doing5 similar-type work in that area and the same --6 well, mainly in Jordan and then Egypt.7 Q. Mm-hmm. How did you come to be doing8 work over in Jordan and Egypt?9 A. I had a lot of contacts and -- or have --

10 Q. Mm-hmm.11 A. -- contacts in that area, and I had12 taught -- at that time, the other thing I was13 doing was teaching --14 Q. Mm-hmm. And --15 A. -- in the early '90s.16 Q. -- where were you teaching?17 A. At the University of St. Thomas.18 Q. Okay. Where is that?19 A. Houston.20 Q. Okay. Is that a four-year --21 A. Yes.22 Q. -- university? What were you teaching?23 A. International law. And that's where I24 made a lot of contacts.25 Q. Okay. And that was in the early '90s --

52

1 A. Yes.2 Q. -- that you were teaching? And that's3 when you developed your contacts?4 A. Yes.5 Q. Okay.6 A. But I had contacts before.7 Q. What kind of contacts?8 A. International contacts.9 Q. Friends? Business?

10 A. Well, business and friends.11 Q. How did you meet them?12 A. Well, I -- I -- what do you mean, how did13 I meet them?14 Q. Well, what's a "contact" mean to you?15 What does that --16 A. A contact means I either had a friend or17 a business con -- business associate.18 Q. Where did you acquire those19 relationships?20 A. I met people in a lot of different21 places. I was active in aviation --22 Q. Mm-hmm.23 A. -- and you just meet a lot of people. I24 was not just sitting in an office.25 Q. Mm-hmm. So, through your different

53

1 interests?2 A. Yes.3 Q. What -- um, tell me about your aviation.4 Do you have a pilot's license?5 A. Yes.6 Q. Do you have one today?7 A. Yes.8 Q. Okay. And, um, commercial?9 A. Yes.

10 Q. Okay. Instrument?11 A. Yes.12 Q. When did you get your instrument license?13 A. About 1970 -- about 1970, I guess.14 Q. Where did you go to pilot school?15 A. Well, I had my original training in a16 submarine school, which is three-dimensional17 training.18 Q. In submarine school, you learned to be a19 pilot?20 A. My initial instrument training -- yes,21 it's three-dimensional --22 Q. Uh-huh.23 A. -- so, then I went to private training24 outside of that and I had a -- the more advanced25 training with flight safety.

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1 Q. Uh-huh. So, you learned to fly in the2 Navy?3 A. No. I took the training for the4 submarine. Of course, that's three-dimensional.5 Q. Right.6 A. The only difference is, you're in a7 different fluid.8 Q. Right.9 A. It's the same.

10 Q. So, when did you get your private --11 A. 19 --12 Q. -- pilot's license?13 A. -- 69, I believe.14 Q. Okay. And where did you do your hours?15 Where were you flying?16 A. You mean the training --- initial17 training?18 Q. Yeah.19 A. Besides the Navy --20 Q. Right.21 A. -- part?22 Q. Right.23 A. That would have been in Houston.24 Q. Okay. Was there a school, or did you25 have a friend, or how were you --

55

1 A. No, no, it was a school..2 Q. Okay. What was the name of the school?3 A. It was at Andrew Airpark. It was the4 fixed base operator there.5 Q. Okay. Um, and how did you fly -- were6 you -- did you have your own plane? Did you lease7 a plane?8 A. For the training, I leased.9 Q. Uh-huh.

10 A. Not leased, but rented.11 Q. Right. And then when -- after you got12 your license, how did you fly?13 A. I would rent, and then I owned planes.14 Q. Uh-huh.15 A. So. .. .16 Q. When did you own planes?17 A. Oh, I can't give you the dates. I've18 owned several.19 Q. How many?20 A. Prob -- I would -- I would say maybe six,21 seven, something like --22 Q. Six or seven? What kind of planes were23 they?24 A. They were different kinds. They were25 prop, turbo prop, and jet.

56

1 Q. Piper, Cherokee -- what?2 A. No. Cessna, North American, Leer.3 Q. Mm-hmm. How did you -- how did you come4 to own these planes? Did you own them by5 yourself?6 A. No.7 Q. With a group of people -- consortium?8 A. With partner -- our partners.9 Q. Who were they?

10 A. Oh, gosh, I think the first partner I had11 was Jack Holden.12 Q. Mm-hmm. And the two of you bought a13 plane together?14 A. Yes.15 Q. Did he fly?16 A. Yes.17 Q. Okay.. And then over the years, you've18 had other planes with other partners?19 A. Yes.20 Q.. Okay. And did they all fly?21 A. No.22 Q. Okay. What was their interest in owning23 a plane?24 A. They used it in the business, or I used25 it in business. And not everybody was a pilot

57

1 because we had our own flight crews on the larger2 planes.3 Q. Where did you fly, generally? Around4 Texas?5 A. The U.S., Mexico, Belize -- primarily.6 Q. Do you have to have a special license to7 land internationally?8 A. No.9 Q. You can be cleared to land just with your

10 U.S. license?11 A. Yes.12 Q. Okay. Um, did you ever fly overseas,13 um -- inter --14 A. Yes.15 Q. Where?16 A. Between the UK and, um, Austria --17 Q. Mm-hmm.18 A. -- Switzerland.19 Q. What size of plane do you fly in -- not20 two-seaters?21 A. No. Um, well, there's just different22 airplanes --23 Q. But what --24 A. Well --25 Q. -- how -- how many passengers can you

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1 carry?2 A. They vary between -- do you want to know3 from the least number of passengers to the most4 passengers?5 Q. Mm-hmm.6 A. Four to twelve.7 Q. Okay. Um, and -- I should have asked you8 at the -- at the beginning of the deposition, but,9 um, do you drink?

10 A. I have wine occasionally.11 Q. Do you smoke?12 A. No.13 Q. Um, have you taken any medication in the14 last 24 hours?15 A. No.16 Q.. Is there any reason --17 A. Oh, yes. Yes. Just blood pressure18 medicine.19 Q. Anything else?20 A. No.21 Q. Anything that would affect your ability22 to testify here today?23 A. No.24 Q. So no reason why your answers aren't25 truthful and --

59

1 A. No. I'm not under the influence of2 drugs.3 Q. Um, where did you meet your wife?4 A. I met her in the home of a friend of5 mine.6 Q. When was that?7 A. It was in 1984.8 Q. Is she your first wife?9 A. No.

10 Q. Okay. How many times have you been11 married?12 A. I was married before in 1959.13 Q. Okay. And did you have children?14 A. Yes.15 Q. How many?16 A. By the first marriage?17 Q. Yeah.18 A. Two.19 Q. Okay. And where are they today?20 A. One's in Houston; one's in New York City.21 Q.. What do they do?22 A. One -- the one in Houston does computer23 programming for, um, businesses that require24 music- and video-type programming.25 Q. Son or daughter?

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1 A. Son.2 Q. And the one in New York City?3 A. He's a performer.4 Q. What does he do?5 A. He's in different plays on -- stage6 productions --7 Q. So --8 A. -- on Broadway.9 Q. -- actor?

10 A. Yes.11 Q. What's the most recent play he was in?12 A. He's done so many, I -- I don't -- he was13 in Oklahoma; he was in, um, Jesus Christ14 Superstar. He had the lead in that for a while.15 Q. Have you ever gone to see him?16 A. I've seen him in some of the stage17 productions.18 Q. Um, do you, um -- then your second --19 were you divorced from --20 A. Yes.21 Q. Okay. When were you divorced?22 A. It was around 1982.23 Q. And then you met your second wife?24 A. Yes.25 Q. Okay. And do you have any children with

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1 her?2 A. Yes.3 Q. How many?4 A. One.5 Q. And where does that child live?6 A. He is at the university here.7 Q. In Bozeman?8 A. Yes.9 Q. At MSU? Okay. Studying what?

10 A. International business and sociology.11 Q. Okay. Um, and you're still married.12 What's your wife's name?13 A. Elizabeth.14 Q. Okay. Where is she from?15 A. Iowa City.16 Q. And did you meet her -- were you in17 Houston when you met --18 A. No.19 Q. Where were you when you met?20 A. California.21 Q. Okay. I thought I understood that you're22 -- what were you, visiting in California?23 A. Yes.24 Q. Okay. How were -- were you on a trip or25 --

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1 A. Yes.2 Q. Okay. And where is she -- where is she3 from?4 A. Iowa City.5 Q. She's from Iowa City? Okay. And you6 were both in California on a trip?7 A. Yes.8 Q. Okay. At a conference?9 A. No.

10 Q. What were you doing?11 A. She was visiting her sister, and I was12 visiting her sister and her husband. Same -- same13 people.14 Q. Okay. Explain that to me, because I'm15 sure you're not related.16 A. No, they -- my wife was visiting with her17 sister --18 Q. Right.19 A. -- and my friend was the husband of her20 sister.21 Q. Okay. I thought you said you were22 visiting your sister, who was her sister.23 A. No, no, no.24 Q. Okay.25 A. No.

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1 Q. Okay. I'm glad you clarified that for2 me.3 A. No.4 Q. Your friend was her sister's husband?5 A. Yes.6 Q. Do I have that right?7 A. My wife's sister --8 Q. Yes.9 A. -- was married to my friend.

10 Q. Okay. Got it. And you were both at the11 house, and you --12 A. Yes.13 Q. -- met there? Okay. When did you get14 married?15 A. 1986.16 Q. All right. And did she -- you were in17 Houston -- living in Houston. Did she move to18 Houston with you, then, or --19 A. Yes.20 Q. Okay. Where were you married?21 A. In Cancun, Mexico.22 Q. Did she have children from a previous23 marriage?24 A. No.25 Q. Was that her first marriage?

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1 A. Yes.2 Q. Do you speak any other languages?3 A. I speak some Spanish.4 Q. Did you -- were you trained, or did you5 just teach yourself?6 A. No, I took it in college.7 Q. Okay. How fluent are you?8 A. I'm only fluent if I'm there for a while9 and I can practice because it's -- there's not

10 much opportunity here in Montana.11 Q. Mm-hmm. When you say, "there for a12 while," where do you mean?13 A. 30 days.14 Q. Where -- "there" is where?15 A. In a Latin-speaking environment where16 people speak Spanish.17 Q. Where -- have you been in a18 Latin-speaking environment where people speak19 Spanish for 30 days?20 A. I have been, yes.21 Q. Where?22 A. Mexico.23 Q. Where else?24 A. Guatemala.25 Q. Anywhere else?

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1 A. For 30 days, no.. I think that's the only2 two places where I've spent that much time --3 Q. What were you doing --4 A. -- at one --5 Q. -- in Mexico for 30 days?6 A. I was there for school. It's been a long7 time ago.8 Q. What -- what -- when we were covering9 your school, you -- I didn't hear you say --

10 A. That was on the way to Guatemala. So11 between Mexico and Guatemala --12 Q. Mm-hmm.13 A. -- we -- we stopped in Mexico for a14 while --15 Q. Mm-hmm..16 A. -- but went on down to Guatemala.17 Q. Was it an exchange program you were on?18 A. No, it was an extension program that19 University of Houston had.20 Q. So you were at University of Houston's21 program in Guatemala --22 A. Yes.23 Q. -- and you spent some time in Mexico on24 the way?25 A. Yes.

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1 Q. How long were you in Guatemala?2 A. Well, I spent the summer -- I don't3 remember the dates. This has been what: 50 years4 ago.5 Q. Mm-hmm.6 A. No, I don't remember the dates, but it7 was a summer program.8 Q. Okay. So you spent 30 days in Mexico and9 then went and spent the summer in Guatemala?

10 A. Whatever the time was. I don't remember.11 Q. Okay. Um, so you mentioned the company12 that you're currently involved in: Glacial. What13 other companies are you -- do you own stock in any14 other companies?15 A. No. I don't invest in the stock market.16 Q. Okay. You don't invest in the stock17 market. Okay. My question was: Do you own stock18 in any other comp -- companies?19 A. No, I can't think of any that I own stock20 in.21 Q. Okay.22 A. Because I'm involved with Glacial, but I23 don't -- not other companies, no.24 Q. Are you a shareholder in any other25 company?

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1 A. No.2 Q. Okay. Um, have you ever been a director3 or officer of any other company, other than the4 one you're currently involved in?5 A. Yes.6 Q. What companies?7 A. Are you talking about for profit or8 profit or what?9 Q. All of them.

10 A. All of them?11 Q. Mm-hmm.12 A. Angeles University Foundation.13 Q. What's that?14 A. It's a university in the Philippines.15 Q. Uh-huh. And what's your role there?16 A. I was on the board of governors.17 Q. Can you spell the name -- what is it --18 the Angeles --19 A. Angeles. A-n-g-e-l-e-s.20 Q. E-s. Okay. And you were on the board of21 governors?22 A. Yes.23 Q. When?24 A. This was during the '90s.25 Q. Okay. How did you come to be on the

68

1 board of governors at that university foundation?2 A. I was asked to be on it by members of the3 board of governors.4 Q. Okay. How big was that board?5 A. I think there were about ten people.6 Q. Okay. How long did you serve?7 A. About four or five years.8 Q. Okay. And how often did you guys have9 meetings?

10 A. We conferred on the phone fairly11 frequently, and I was over there probably three or12 four times a year.13 Q. Where is "there"?14 A. In the Philippines.15 Q. Okay. Where in the Philippines?16 A. In Manila, primarily.17 Q. Okay. At the university?18 A. No. Angeles University is in Angeles19 City, and I would be up there some -- I'd been20 there, but --21 Q. Angeles City where?22 A. In the Philippines.23 Q. Okay. How far away from Manila is that?24 A. It's about a three-hour drive.25 Q. Okay. So how often did you go to Manila?

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1 A. About three or four times a year.2 Q. A -- for four or five years?3 A. Yes.4 Q. And did they pay for your flight?5 A.. This was a nonprofit and they did not6 pay. I was really contributing my time.7 Q. So you were out-of-pocket all those8 expenses?9 A. Yes.

10 Q. So were you compensated for your position11 on the board?12 A. No.13 Q. Okay. So -- it was totally volunteer?14 A. It -- it was volunteer.15 Q. And what was your interest in that? Why16 were you doing that?17 A. Because we had some other business over18 there at the time, and so I would do it as a19 combination trip --20 Q. Who is "we"?21 A. -- a lot of times. Um, we had, um,22 several people that were interested in projects23 over there. Um, one was a gentleman by the name24 of John Doering. And we went over there -- we25 were doing some research. We were thinking about

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1 doing a, um, project on a old ship and some other2 similar-type things that we had heard about there,3 and it -- we were -- it was an interesting thing4 for us to do. He's a professional marine engineer5 photographer.6 Q. Who is "we"?7 A. John Doering and me.8 Q. Okay. So the two of you were going into9 a joint venture?

10 A. Well, we were doing research at that11 time.12 Q. About what?13 A. About these sites that we understood were14 there -- the ships that had not been explored at15 all, and we were looking at those, primarily.16 Q. Sunken ships?17 A. Yes.18 Q. Okay. And you were exploring them or --19 A. Yes. We were just documenting what they20 were.21 Q. Okay. Was anybody paying for this22 research?23 A. No. We were doing it ourselves.24 Q. Was the government involved in any way?25 A. No.

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1 Q. You were just doing it because you were2 interested?3 A. Yes.4 Q. Okay. And how did you get hooked up with5 this John Doering?6 A. Well, one of the things -- one of my7 hobbies had been diving --8 Q. Mm-hmm.9 A. -- because we had taken initial training

10 in that in the Navy --11 Q. Mm-hmm.12 A. -- and he was a professional diver --13 Q. Mm-hmm.14 A. -- and we met in the course of my diving15 experiences and became friends.16 Q. Did anything come of that research?17 A. Um, he went on -- yes. He -- not out18 there. He did some other projects that I was not19 involved in.20 Q. Mm-hmm.21 A. So he did the Atocha wreck.22 Q. Did you write anything -- summarize it?23 Publish anything about your -- what you'd done?24 A. No.25 Q. Okay. Um, and so this was happening at

72

1 the same -- during that same four-year period of2 time --3 A. Yes.4 Q. -- that you were on the board of the --5 A. Yes.6 Q. -- university? What years were they --7 those?8 A. I don't recall exactly, but it was9 probably between -- it would have been early '80s.

10 Q. Mm-hmm. That was the first board that11 you were ever on?12 A. No.13 Q. Okay. What was the first board you were14 ever on?15 A. I don't recall which was the first one.16 Q. Okay. Would've been before the '80s?17 A. Yes.18 Q. All right. Well, tell me which other19 boards you were on.20 A. So, back -- okay. Do you want me to go21 back 30 years?22 Q. Mm-hmm.23 A. During the '70s, I was on the board of24 Main Corp.25 Q. What's that?

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1 A. No, no. No -- yeah, Main Corp. It was2 an engineering -- precision engineering tool-type3 company.4 Q. Where was that located?5 A. Freeport, Texas.6 Q. Okay. And what did they do?7 A. They did precision machining.8 Q. What does that mean?9 A. A precision machine operation is an

10 organization that works with metal. And it11 doesn't just cut pieces of metal; it machines and12 maintains equipment that has close tolerances in13 their equipment.14 Q. When you say "metal" -- steel, aluminum,15 tin?16 A. Any kind of metal.17 Q. Did you know or did you -- I mean, were18 you involved in that -- at that level?19 A. No, I didn't do it --20 Q. Okay.21 A. -- I was on the board.22 Q. What was your role on the board?23 A. I was a member of the board.24 Q. Well, did you have any title other than25 just a member?

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1 A. No.2 Q. How many members were there?3 A. There were five, I believe.4 Q. Okay. And what was your term there?5 A. I was probably on that board for -- mmm,6 three, four years, something like that.7 Q. Okay. Were you compensated?8 A. Yes.9 Q. Do you remember how much?

10 A. No.11 Q. Okay. And where were the meetings held?12 A. Generally, in the company offices at13 Freeport.14 Q. Okay. How far from Houston was that?15 A. An hour's drive.16 Q. Okay. You drove back and forth?17 A. Normally I would, yes.18 Q. Or you'd participate by telephone?19 A. Yes.20 Q. Okay. And did you have any21 administrative duties, other than participating in22 the meetings?23 A. No.24 Q. Okay. What other boards were you on?25 A. Port City State Bank.

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1 Q. And what was that?2 A. It was a bank.3 Q. Okay. Where was it located?4 A. Houston.5 Q. Right. Regional? National?6 A. It was just a state bank --7 Q. Okay.8 A. -- not regional.9 Q. Only in Texas?

10 A. Yes.11 Q. Okay. And what was your role on that12 board?13 A. Just a member of the board.14 Q. How many board members were there?15 A. I don't recall.16 Q. 50? 2 --17 A. No, no. 50? No.18 Q. Less than five?19 A. No, it was between 10 and 20.20 Q. Okay.. What years were you on that board?21 A. I really don't recall the time --22 Q. '60s? '70s?23 A. What?24 Q. In the '60s?25 A. No. I said this was in the '70s. You

76

1 were asking about --2 Q. This was in the '70s --3 A. -- I think, the '70s.4 Q. I'm just asking about your boards --5 memberships and affiliations. The next one you6 said was Port City Bank?7 A. Yeah. What -- what was your question?8 Q. When were you on the board of Port City9 Bank?

10 A. I don't recall the dates.11 Q. Can you give me a general parameter and12 decade? The '70s or the '80s --13 A. The '70s.14 Q. It was in the '70s?15 A. Yes.16 Q. Okay. And where were the meetings held?17 A. At the bank.18 Q. In Houston?19 A. Yes.20 Q. Okay. Were you compensated?21 A. Yes.22 Q. Okay. Do you remember how much?23 A. No.24 Q. What other boards?25 A. Union Bank.

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1 Q. And where was that bank located?2 A. Houston.3 Q. State bank? City? Regional?4 A. State.5 Q. Okay. And what did you do there? Just a6 member of the board?7 A. Just a member of the board.8 Q. And how big was that board?9 A. Between 10 and 20 people.

10 Q. Okay. And what period of time was that11 when you served on that board?12 A. That was in the '70s, also..13 Q. Were you on these bank boards at the same14 time?15 A. Yes.16 Q. Okay. Was there any conflict of interest17 issue?18 A. No.19 Q. Okay. Did it -- did that ever come up?20 A. It never came up.21 Q. Okay. And did you serve as an attorney22 for any of these boards?23 A. No.24 Q. Okay. Um, and were you compensated for25 the Union Bank work?

Donald Bernard


21 (Pages 78 to 81)

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1 A. Yes.2 Q. Okay. Do you remember how much?3 A. No.4 Q. Okay. What other boards were you on?5 A. I was on one board for a short period of6 time, a company by the name of Wolf International.7 Q. What company is that?8 A. It was an oil and gas company.9 Q. An oil and gas company?

10 A. Mm-hmm.11 Q. Where was it located?12 A. Dallas.13 Q. In Dallas? And how big of a company was14 it?15 A. What do you mean by "big"?16 Q. Was it an international company? Was it17 a -- just a U.S. company? Did it have --18 A. It had some business in -- besides the19 U.S., in the Philippines.20 Q. Was it bigger than Glacial Energy?21 A. No, no.22 Q. Okay. Employees at Wolf International?23 A. I believe there -- they had a small24 subsidiary and they only had about, I think, ten25 employees, something like that.

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1 Q. And what was your role with Wolf2 International?3 A. Just member of the board.4 Q. Do you own any shares of that company?5 A. I don't own any shares in that company.6 Q. Did you ever?7 A. Yes.8 Q. How many?9 A. I don't recall.

10 Q. Did you own shares while you were a11 member of the board?12 A. Yes.13 Q. Okay. Were you given the shares, or did14 you buy them?15 A. I was given those as compensation.16 Q. For being on the board?17 A. Yes.18 Q. Okay. And what years were you on the19 board of Wolf International?20 A. Probably -- I can't give you exact dates.21 Think it would have been around 1998.22 Q. When did you sell your shares?23 A. Probably around 1999 or 2000.24 Q.. What was the profit for those?25 A. I don't recall.

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1 Q. You kept that all?2 A. Pardon?3 Q. You kept all the profit that you got when4 you sold those?5 A. Well, I -- it was paid to me, yes.6 Q. Okay. What was the -- what did Wolf7 International do besides oil and gas?8 A. That's all, as I recall, except -- they9 may have had some interest in a small mortgage

10 company.11 Q. Okay. And I -- I'm sorry, did you --12 what years were you on that board?13 A. I think it was late '90s.14 Q. Late '90s? Okay. How -- and how many15 years?16 A. Probably a couple of years.17 Q. About two?18 A. About two.19 Q.. Okay. And what was your role?20 A. Member of the board.21 Q. Okay. Did you ever have any other title?22 A. No.23 Q. How many board members were there?24 A. Probab -- I think it was somewhere around25 ten.

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1 Q. And how did you come to be a member of2 that board?3 A. I was invited by the chairman.4 Q. Who was that?5 A. George Wolf.6 Q. How did you know him?7 A. I met him through other friends over the8 years.9 Q. Okay. Um, do you still stay in touch

10 with him?11 A. No.12 Q. Any other boards?13 A. I can't think of any others right now.14 Q. What's Metro Verde?15 A. Oh, Metro Verde, that was a company in16 the Philippines, yes. I was on the board there.17 Q. And what was your role?18 A. I was a member of the board.19 Q. What kind of a company is that?20 A. That was a real estate development21 company.22 Q. In the Philippines?23 A. Yes.24 Q. Okay. And how did you come to be25 involved with that?

Donald Bernard


22 (Pages 82 to 85)

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1 A. Again, I was invited.2 Q. By whom?3 A. I believe it was the -- the one that4 invited me, I believe, was a man by the name of5 Precy Perlas.6 Q. And how did you know him?7 A. I'd known him for many years, just -- he8 was a friend from quite a few years ago.9 Q. From Houston?

10 A. No, he's from Manila.11 Q. Okay. You'd met where?12 A. I met him originally in Houston, I think.13 Q. Okay. And when you say, "real estate14 development" -- commercial? Residential?15 A. No, commercial.16 Q. And just in Manila or all over the17 Philippines?18 A. No, it was just outside. It was up19 around Angeles City, also, where the university20 was.21 Q. Okay. Um, were you compensated?22 A. I believe I received some compensation23 for that. I don't recall what it was.24 Q. Okay. Um, and how many board members25 were there?

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1 A. Not more than ten.2 Q. Where were they from?3 A. They were primarily -- or probably all of4 them were Philippine.5 Q. You were the only U.S. board member?6 A. I believe so -- at that time. I don't7 know before or after who was on the board.8 Q. And what years were you a board member of9 that corporation?

10 A. The early -- early '80s.11 Q. Okay. And that was -- was that for12 profit?13 A. Yes..14 Q. Okay. Any other boards?15 A. I can't think of any.16 Q. What's Energy West Resources?17 A. Energy West? I don't know Energy West.18 Q. You've never been affiliated with that?19 A. I don't recognize that. Where is it?20 Q. Do you know a -- what's Franklin Power21 Company?22 A. Yes.23 Q. Are you affiliated with that?24 A. Yes --25 Q. How?

84

1 A. -- well, I was.2 Q. How?3 A. I was an adviser.4 Q. Okay. You weren't a part of the board?5 A. No, I -- I don't believe I was on that6 board.7 Q. Okay. What was your role with the8 company?9 A. Adviser.

10 Q. Okay. And who hired you?11 A. That would have been Gary Mole.12 Q. Okay. That was his company?13 A. Yes.14 Q. How do you spell "Mole"?15 A. M-o-l-e.16 Q. Where does Gary live now?17 A. Virgin Islands.18 Q. Okay. Do you have an address for him?19 A. No.20 Q. Can you get me one?21 A. I suppose I can get one, but I don't -- I22 don't have it.23 Q. Do you have a telephone number for him?24 A. I have a phone number for him.25 Q. Do you have a way to contact him?

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1 A. I can contact him, yeah.2 Q. Okay. Um, and are you still with3 Franklin Power today?4 A. No. Franklin Power was merged -- or it5 was terminated, and the business was taken over by6 Glacial.7 Q. When did that happen?8 A. I would think it would have been around9 two thousand and -- around 2005 --

10 Q. What was it --11 A. -- roughly.12 Q. How was it terminated?13 A. Business was -- the company itself?14 Q. Yeah.15 A. I don't recall now how it was terminated;16 it just -- the assets were -- were contracts and17 they ran out, and then Glacial picked up the18 contracts. So I don't know what happened to -- to19 Franklin Power. As far as terminating it? Is20 that what you're asking?21 Q. I don't know what "terminating" means.22 A. Well, I don't even -- I don't know what23 you're asking.24 Q. Was it -- did it go bankrupt?25 A. Oh, no.

Donald Bernard


23 (Pages 86 to 89)

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1 Q. Okay. But its assets were sold?2 A. No. They were contracts that --3 Q. Okay.4 A. -- were completed --5 Q. Okay.6 A. -- and the purpose for which it was set7 up was finished.8 Q. What was the purpose for which it was set9 up?

10 A. Selling power --11 Q. Okay.12 A. -- buying and selling power.13 Q. Who were the contracts with?14 A. Well, there were numerous contracts to --15 commercial and res -- and -- commercial and16 business users.17 Q. Okay. So they were all completed?18 A. They were completed.19 Q. Okay. And then Franklin Power took them20 over?21 A. No --22 Q. Or Glacial took over --23 A. -- Glacial --24 Q. Okay.25 A. -- started with new contracts.

87

1 Q. Okay. Doing the same thing?2 A. Yes.3 Q. Okay..4 A. A different business model, but in the5 same general business.6 Q. Did you own shares in -- when it was7 Energy West or when it was Franklin Power?8 A. No.9 Q. You didn't have any -- were any shares

10 given to you?11 A. No.12 Q. How about when it became Glacier --13 Glacial Power?14 A. Yes.15 Q. You own shares now. How many shares do16 you own?17 A. I don't know the number. It's -- I18 already testified that we had about 35 percent19 interest.20 Q. Okay. And is Mole the only other21 shareholder in the company?22 A. There -- he, and then a smaller portion23 is owned by one other shareholder.24 Q. What percentage?25 A. About 15 percent.

88

1 Q. Who is that?2 A. That's Peter Koeck.3 Q. When did he buy into it?4 A. That would have been around -- I think5 about 2005.6 Q. Okay. How much money did he buy into it7 with?8 A. I don't recall that there's any purchase9 money used.

10 Q. How did he purchase that 10 percent11 interest, then?12 A. Did you say 10 percent?13 Q. The -- the -- did -- I thought you told14 me it was about 10 percent.15 A. No, 15.16 Q. Okay, I'm sorry. 15 percent.17 A.. Yes.18 Q. Okay. 15 percent interest is Peter19 Koeck?20 A. Yes.21 Q. How did he acquire that 15 percent22 interest?23 A. It was compensation for a loan that he24 had made.25 Q. What loan did he make?

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1 A. I -- I don't recall the exact amount, but2 he made a loan.3 Q. When?4 A. About 2005 --5 Q. Okay.6 A. -- I believe.7 Q. And you don't know the amount?8 A. I don't recall the amount.9 Q. Can you guess? Five dollars?

10 A. I can't guess.11 Q. A million dollars?12 A. I can't speculate on that. I -- I just13 don't know.14 Q. Where is that information?15 A. I would imagine that the company has it.16 Q. Okay. And you have access to it?17 A. No. I'm an adviser to that company; I18 don't have access to its books.19 Q. Okay. Can you get that information for20 me?21 A. I don't know if I can get it, but you'll22 have -- you can talk to my attorney about it. I23 -- I --24 Q. Someone knows --25 A. -- don't know if I can get it.

Donald Bernard


24 (Pages 90 to 93)

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1 Q. Someone knows at the company?2 A. Someone probably would know, yes.3 Q. Okay. If you -- you and your wife have4 35 percent?5 A. Yes.6 Q. Okay. Do you own those shares jointly?7 A. Well, for the family, yes.8 Q. What does that mean?9 A. That it -- that means it's for my family.

10 Q. Whose name is on the shares?11 A. They're being held just in -- for me and12 my wife, my son -- one son.13 Q. So whose name is on the shares?14 A. They're held under an agreement with the15 company and -- I don't know that they've actually16 been issued, is my agreement, and that would be17 about 35 percent.18 Q. So they're not -- you don't have shares19 in your name?20 A. No.21 Q. Okay. Are there shares in your wife's22 name?23 A. No.24 Q. Okay. Are there shares in anyone's --25 A. No.

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1 Q. -- name that you're related to?2 A. No.3 Q. Okay. The company owns the shares?4 A. No. They're -- they're -- they haven't5 handed us share certificates, no.6 Q. Okay. So, why not?7 A. Because we have an agreement with them to8 hold that interest for us.9 Q. What's the -- why -- why are they holding

10 it for you?11 A.. We just set it up that way.12 Q. Why?13 A. We wanted it to be held for our benefit,14 and there's no reason to issue actual shares, as15 far as I know.16 Q. Okay. So you don't want the shares in17 your name?18 A. We can have any time we want them, but we19 have an agreement for this 35 percent.20 Q. Is that a written agreement?21 A. Yes.22 Q. Who is it with?23 A. Gary Mole.24 Q. The two of you signed it?25 A. Yes.

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1 Q. Okay. Where is it?2 A. He has a copy there and I have a copy.3 Q. Okay. What other companies are you4 affiliated with in any way?5 A. I'm not affiliated with any other6 companies, other than the Glacial companies that I7 mentioned to you. The mining operation, of8 course, is a part of it, and that's under the LLC.9 Q. What other companies?

10 A. The subsidiary name is Gemico, but it's11 all part of the same thing. So when you say,12 "other," are you referring to other in Glacial?13 Q. Well, Gemico is a sub of Glacial --14 A. Yes.15 Q. -- is that your testimony?16 A. Yes.17 Q. Okay. And then there's another sub of18 Glacial, or is there only one sub of Glacial?19 A. Only one sub.20 Q. Okay. And that is Gemico --21 A. Mm-hmm.22 Q. -- and that's the mining company?23 A. Yes.24 Q. Is that correct?25 A.. Yes.

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1 Q. Okay. And that's a completely separate2 operations --3 A. Yes.4 Q. -- than Glacial?5 A. Yes.6 Q. Is that right?7 A. Yes.8 Q. Okay. What other companies, other than9 that -- Glacial and its sub, Gemico -- are you

10 involved with?11 A. None.12 Q. S & C Corporation?13 A. Well, S & C, the one that we have here --14 Q. Mm-hmm.15 A. -- but other than what the present16 dispute is about, no.17 Q. You're involved with S & C Corporation --18 A. S & C --19 Q. -- correct?20 A. -- yes.21 Q. Okay. So other than those two companies22 -- Glacial and its sub and S & C -- are you23 involved with any other corporations?24 A. Active corporations -- I -- I'm sure I'm25 on some old corporations as a registered agent --

Donald Bernard


25 (Pages 94 to 97)

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1 Q. Which ones?2 A. -- things like that.3 Q. Which ones?4 A. The -- Franklin Marketing.5 Q. What's Franklin Marketing?6 A. It's -- it was set up to do marketing for7 Franklin Power years ago, but we never did8 anything with it.9 Q. You're the registered agent for that

10 company?11 A. Yes.12 Q. Where?13 A. Here.14 Q. In Montana?15 A. Yes. But there is no business here, so16 we didn't do anything.17 Q. Is there business anywhere?18 A. No.19 Q. What other companies are you involved20 with or affiliated with?21 A. I believe that's it.22 Q. Okay. What other companies have you ever23 been involved with?24 A. Oh, I couldn't even begin to tell you,25 because over the years, there are many that we've

95

1 been -- that have been set up --2 Q. Mm-hmm.3 A. -- and -- which is a normal thing you do4 for other people, and I -- I don't have any5 records about those. I don't even know what6 happened to them.7 Q. Okay. What other companies do you own8 shares in?9 A.. None that I can think of, other than the

10 ones that we have discussed already.11 Q. Okay. And what other companies have you12 owned shares in, in the past?13 A. In the past 50 years?14 Q. Mm-hmm.15 A. I -- I couldn't even begin to tell you16 that.17 Q. Okay. Too many to remember?18 A. Yes.19 Q. Okay.. Um, okay. Where is Franklin Power20 headquartered -- which is now Glacial? In the21 Virgin Islands?22 A. In -- well, it's not Franklin. Franklin23 hasn't existed for years --24 Q. Right --25 A. -- as far as I know.

96

1 Q. -- it's Glacial now. It's at -- where is2 it headquartered?3 A. Virgin Islands.4 Q. Okay. Why is it headquartered there?5 A. It was determined that was the proper6 place for it to operate for, um, employees and7 tax --8 Q. Who made that determination?9 A. The -- the president of it made that

10 determination. I consulted with him on it and I11 -- and we made that determination that it was the12 logical place, along with attorneys and13 accountants.14 Q. Who is the president?15 A. Gary Mole.16 Q. Okay. And you advised him?17 A. Yes.18 Q. Okay. Do you give legal advice to the19 corporations that you've been involved in over the20 years?21 A. No.22 Q. None?23 A. None.24 Q. Okay. Have you -- have you ever worked25 for any of them as an attorney?

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1 A. No.2 Q. Never?3 A. Are we talking about Glacial?4 Q. I'm talking about all the companies5 you've ever been affiliated with.6 A. In 50 years, I'm sure I did, but I'm --7 nothing recently. Not in --8 Q. Have you -- have you worked as an9 attorney for a corporation?

10 A. Yes --11 Q. Which one?12 A. -- I'm sure I did. I couldn't tell you.13 There are probably dozens of them over the last 5014 years.15 Q. Okay. Were you ever inside counsel for16 any corporation?17 A. No.18 Q. Okay. So your duties for the19 corporations you were involved in were what?20 A. There -- they -- I can't even answer21 that.22 Q. Creating LLCs?23 A. What?24 Q. Creating LLCs, setting them up? Just25 give me a general description of that.

Donald Bernard


26 (Pages 98 to 101)

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1 A. Those were some of the major things that2 I did, was establish the companies --3 Q. Okay..4 A. -- yes.5 Q. Any other corporations that you've been6 involved with?7 A. Well, as I told you, over 50 years, I'm8 sure there are some, but I have -- I couldn't9 possibly even tell you who they are.

10 Q. What is Sol Pico?11 A. Sol -- Sol Pico? That's the Argentine12 company. So you're talking about in Argentina13 now.14 Q. We're talking about companies you've been15 involved with. What is Sol Pico?16 A. That's a corporation in -- well, what do17 you mean by "involved with"?18 Q. Have anything to do with whatsoever.19 A. I'm -- I'm not an officer or director of20 Sol Pico.21 Q. Are you involved with it in any way?22 A. Yes.23 Q. How?24 A. Just as a owner -- part owner.25 Q. What does that mean? Are you a

99

1 shareholder?2 A. Yes.3 Q. What is Sol Pico?4 A. It's a corporation.5 Q. What does it do?6 A. It has a ranch.7 Q. Okay. Who are the owners of it?8 A. Peter Koeck and myself.9 Q. Okay. What's your ownership interest?

10 A. Half.11 Q. 50 percent?12 A. Yes.13 Q. And Peter Koeck is the other 50 percent?14 A. Yes.15 Q. When did you acquire Sol Pico?16 A. Probably in about 2006..17 Q. How did you acquire it?18 A. We -- we bought it from an Argentine19 owner. Is that what you mean?20 Q. Who was that?21 A. I don't recall his name.22 Q. Who did you, um -- how did you pay for23 it?24 A. We paid cash for it.25 Q. Okay. Did you deal with a real estate

100

1 agent?2 A. I don't recall.3 Q. How much did you pay for it?4 A. It was about, um -- I don't remember the5 exact price. It was over a million dollars.6 Q. U.S. dollars?7 A. U.S. dollars.8 Q. And did you pay in U.S. dollars?9 A. Yes.

10 Q. Okay. And when you say, "cash," did you11 give them U.S. dollars?12 A. Yes.13 Q. Or a check?14 A. We wired the funds.15 Q. You wired the funds?16 A. Wired --17 Q. Okay..18 A. -- the funds.19 Q. To whom?20 A. To the owner --21 Q. And who was that?22 A. -- the seller.23 Q. And who was that?24 A. I don't recall who that was.25 Q. You sent a million dollars to somebody;

101

1 you can't remember who that was?2 A. We had attorneys that handled it for us.3 Q. Who were they?4 A. Juan Chiesa..5 Q. Where is he?6 A. Buenos Aires.7 Q. Okay. Do you have his address?8 A. No.9 Q. Can you spell his last name for me?

10 A. C-h-i-e-s-a.11 Q. Okay. Was he the only attorney?12 A. Yes -- at that time.13 Q. You wired him the cash?14 A. Part of it went through his trust15 account, and I don't remember if -- if all of it16 did or not.17 Q. Okay. Where did the money come from?18 A. We -- I don't remember which bank it came19 from.20 Q. Rocky Mountain Bank in Whitehall?21 A. No.22 Q. Was it in Montana?23 A. No.24 Q. Was it in the U.S.?25 A. No.

Donald Bernard


27 (Pages 102 to 105)

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1 Q. Okay. So it was wired to Buenos Aires2 from --3 A. It was an -- an external account. I4 don't remember which bank it came from, though.5 Q. What does "external account" mean?6 A. Out -- well, you're asking me about U.S.7 It was outside the U.S.8 Q. You don't know where?9 A. No. The bank -- you're asking me

10 specifically where it came from. I don't recall11 which bank it came from.12 Q. Okay. Did you and Pete each pay a13 million?14 A. No. That was the total price.15 Q. How much did you pay?16 A. Half of it was related to me and half was17 related to him.18 Q. Okay. Half is what?19 A. Whatever the total price was. I don't20 recall.21 Q. Okay. So approximately half is what?22 A. I don't know what the half is because I23 don't remember the purchase price on that.24 Q. Okay. Approximately how much did you25 pay?

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1 A. It had to be -- well, it's certainly less2 than a million dollars. I don't remember the3 amount.4 Q. Okay. 500,000?5 A. It could have been in that range, but I6 don't know for sure what the final price was.7 Q. Okay. Where did you get $500,000 in8 cash?9 A. It was from an account that was

10 maintained in Europe.11 Q. Your account?12 A. No.13 Q. Whose account?14 A. It -- it belonged to a trust.15 Q. What trust?16 A. The -- the one that managed it was Sinco.17 Q. Spell that for me.18 A. S-i-n-c-o.19 Q. Okay. And who is Sinco?20 A. It's a -- a trust company.21 Q. Where are they located?22 A. They're in Switzerland.23 Q. Okay. Where in Switzerland?24 A. In Zurich.25 Q. Okay.. And you had $500,000 in cash in

104

1 Zurich, Switzerland?2 A. We had cash in Switzerland --3 Q. Who's "we"?4 A. -- well, it wasn't really -- I'm not sure5 which bank this was in, but it was managed by6 them.7 Q. Who's "we"?8 A. Peter Koeck and myself.9 Q. Okay. You had cash in an account?

10 A. Yes.11 Q. In Switzerland?12 A. Well, no, I don't think the cash was in13 Switzerland. It was managed there.14 Q. Okay. How much cash did you and Peter15 Koeck have?16 A. That we transferred?17 Q. Total.18 A. Whatever the amount was that was19 transferred, that's what we had at that time.20 Q. Okay. And did you both have access to21 that account?22 A. No. Pete had access to it.23 Q. Mm-hmm. Did you have access to it?24 A. Under his instructions.25 Q. Okay. And you had it wired from Zurich

105

1 to where?2 A. Whatever bank the attorney used. I think3 he may have used Citibank.4 Q. And where was that?5 A. Probably -- I think it was New York.6 Q. Okay. And it was wired from there to7 where?8 A. I don't know. It was his account --9 wherever the law firm maintained their account.

10 It -- it may have been Citibank Buenos Aires. I11 don't know.12 Q. Okay. And what does Sol Pico do on this13 ranch?14 A. It's a hunting ranch.15 Q. Okay. What do they hunt?16 A. Animals that are considered to be big17 game.18 Q. What kind of animals are those?19 A. Like blackbuck, boar, red stag.20 Q. Who runs it?21 A. Peter Koeck.22 Q. Okay. Anyone else?23 A. No. He's the primary manager.24 Q. Who works for him?25 A. He has different locals that work for

Donald Bernard


28 (Pages 106 to 109)

106

1 him.2 Q. Do you know them?3 A. I've met some of them.4 Q. Okay. Did you hire any of them?5 A. No.6 Q. He hired them all?7 A. Yes.8 Q. Okay. How often do you go there?9 A. Whenever I need to, I go there, and that

10 could be -- I don't have a regular schedule. It11 could be whenever he needs me there.12 Q. When did you acquire this in 2006?13 A. Yes.14 Q. When in 2006?15 A. June of 2006.16 Q. Since then, how many times have you been17 there?18 A.. Mmm, four or five times.19 Q. Who pays for your tickets?20 A. Sometimes I have paid for it and21 sometimes he's reimbursed me.22 Q. Okay. When you go there, do you take23 cash to Pete?24 A. No.25 Q. None?

107

1 A. None.2 Q. Okay. Tell me more about the hunting.3 A. What do you mean?4 Q. Who hunts there?5 A. Anyone that wants to pay to hunt --6 Q. Okay. Who do they --7 A. -- from anywhere.8 Q. Who do they pay?9 A. They pay Pete.

10 Q. How much?11 A. I have no idea.12 Q. How is it advertised?13 A. He's had publicity through hunting14 writers that write articles about him, and he15 cooperates with another hunting operation down16 there that goes to shows different places in the17 world.18 Q. Do you have copies of articles of these19 publications you're talking about?20 A. Mmm, no. I just know about them.21 Q. Have you ever read them?22 A. Some, yes.23 Q. Okay. And how -- how big is this ranch?24 A. It's 40 -- no, it's 20 -- about 220025 hectare, something on that magnitude.

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1 Q. Okay. How many acres is that?2 A.. About 4500 acres, I guess.3 Q. And where is it located in Argentina?4 A. Santa Rosa -- outside of Santa Rosa.5 Q. How far outside of Santa Rosa?6 A. Perhaps 40 kilometers.7 Q. Okay. Does Pete live there?8 A. Yes.9 Q. Do you stay with him when you go there?

10 A. Yes.11 Q. At his house?12 A. Well, it's a lodge. Yes.13 Q. Okay. Does your wife go with you?14 A. No.15 Q. Has she ever been?16 A. No.17 Q. Your children?18 A. No.19 Q. Okay. When did you first meet Peter?20 A. About seven or eight years ago.21 Q. Where did you meet him?22 A. In Montana.23 Q. Where?24 A. In Upper Radar area, where I live.25 Q. Okay. How did you first meet him?

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1 A. He was staying out there and I met him at2 a friend's house the first time, as I recall.3 Q. Who was he staying with?4 A. He wasn't staying with him; I just met5 him at the house of the Pennochs.6 Q. Where was he staying?7 A. At that time, I don't recall where he was8 staying. I know he was up there, but I don't9 think I knew at the time where he was staying.

10 Q. Okay.. Did you come to know later where11 he'd been staying?12 A. Sometime later, yes, I found out that he13 was on the property of the Caples.14 Q. How do you spell that?15 A. C-a-p-l-e, Caple. I --16 Q. He was staying on their property?17 A. Yes.18 Q. With their permission?19 A. Yes.20 Q. Okay. In a house?21 A. No.22 Q. In what?23 A. He had a tent up there.24 Q. He was staying in a tent?25 A. Yes.

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1 Q. Okay. And where did you meet him?2 A. I met him, I believe, at the Pennochs'3 house.4 Q. How do you spell that?5 A. P-e-n-n-o-c-h-s.6 Q. Okay. What are their first names?7 A. Mike and Marilyn.8 Q. Do they still live there?9 A. One does; one doesn't.

10 Q. Who lives there?11 A. Marilyn.12 Q. Okay. And what happened at that first13 meeting?14 A. It was a friendly meeting.15 Q. What happened?16 A. What do you mean, what happened?17 Q. Did you talk to him?18 A. Yes.19 Q. How did you become acquainted?20 A. We were talking.21 Q. Okay. Did you exchange phone numbers?22 A. I don't know if we did or not at that23 time.24 Q. How long did you talk?25 A. I have no idea. It's been a long time

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1 ago.2 Q. And then when did you meet him next?3 A. I saw him periodically up there on the4 road.5 Q. Did he have a car?6 A. Yes.7 Q. What kind of car --8 A. Not a car, he had a Hummer.9 Q. Okay. And he was driving and you'd see

10 him on the road?11 A. And he would stop and we'd talk.12 Q. Okay.13 A. Because he'd drive right by my house.14 Q. What year was that?15 A. Well, this started back, as I told you,16 perhaps seven, eight years ago. I don't remember17 the dates. It's been a long time.18 Q. After 2000?19 A. Shortly after 2000.20 Q. Okay. And what were you doing at the21 time?22 A. What do you mean?23 Q. Where were you working?24 A. At that time, I would have been working25 on the same thing I'm working on now and that

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1 would be -- and the -- the energy -- we were2 studying the energy industry at that time.3 Q. Okay.4 A. And mining.5 Q. Okay. You were working for Glacial,6 which was then Franklin?7 A. No. At that time, I was independent. I8 was doing my own research at that time.9 Q. Okay. How were you getting paid?

10 A. I wasn't being paid.11 Q. Okay. You had no income?12 A. No, I had -- I have retirement income. I13 have other income.14 Q. Okay. What's your retirement income15 from?16 A. U.S. Navy, Defense Department, um, Social17 Security, um, miscellaneous other things.18 Q. From the corporations you've been19 involved with?20 A. No.21 Q. Nothing from that?22 A. No, not from other corporations.23 Q. Okay. And what brought you to Montana?24 A. My wife, as I told you, is a senior25 supervisor --

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1 Q. Mm-hmm.2 A. -- in the park service.3 Q. Mm-hmm.4 A. And she had her work up here; we'd be5 here at least three months every year anyway --6 Q. Mm-hmm.7 A. -- so we decided just to -- just move8 permanently to Montana. This is where her work9 was.

10 Q. When did you decide to move here?11 A. We decided about 16, 17, 18 years ago,12 something like that.13 Q. Okay. When -- when did you buy the place14 where you live now?15 A. Well, we -- yes, but we were living in --16 outside Livingston before.17 Q. Okay. On property?18 A. Yeah, we owned.19 Q. You owned it? Where outside of20 Livingston?21 A. Shields Valley.22 Q. Okay. Did you sell it?23 A. Yes.24 Q. Okay. When you were coming up here for25 the summers, where were you living?

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1 A. We were living in the parks on2 government-provided housing.3 Q. Which parks?4 A. Grand Teton, and then, um -- yeah, Grand5 Teton at that time.6 Q. Okay. And when did you move to your7 place outside of Whitehall?8 A.. It's about 14 -- that'd be about 14 years9 ago.

10 Q. Okay. So, you met Pete -- was it11 summertime, wintertime?12 A. I really don't recall when.13 Q. Okay. He was living in a tent. Was that14 your testimony?15 A. He had a tent and he had his Hummer.16 Q. Okay.17 A. And --18 Q. Was he living in the tent?19 A. Well, you know, as I recall, he -- he20 liked his Hummer a lot, and he lived with the21 Hummer and the tent -- the both.22 Q. Okay. On --23 A. He traveled around.24 Q. -- someone else's property?25 A. Yes, with their consent.

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1 Q. Okay.2 A. It was right off their driveway.3 Q. Okay. And you had some interactions with4 him?5 A. Yes.6 Q. Over what period of time?7 A. The entire time he was up there.8 Q. Which was how long?9 A. He was up there until June of 2004 -- oh,

10 well, no, I -- I think he went to Nevada before11 that. I don't remember the dates, but I would12 talk to him on the phone.13 Q. So you met him in Whitehall; he went to14 Nevada, and then he came back?15 A. I think he left the U.S. -- from Nevada,16 not from here -- and Montana, as I recall.17 Q. Okay. So how long was he in Whitehall?18 A. I don't know how long he was in19 Whitehall --20 Q. Outside of --21 A. -- area.22 Q. -- Whitehall.23 A. He wasn't in Whitehall, but outside.24 Q. Right. How long was he in that area?25 A. I don't recall.

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1 Q. One year? Five years?2 A. I just don't know.3 Q. Okay. And you came to be friends with4 him?5 A. Yes.6 Q. Okay. And did you have him to your7 house?8 A. Yes.9 Q. Did he ever stay with you?

10 A. No.11 Q. Okay. Did he ever move out of the tent?12 A. No.13 Q. Did he ever own property around14 Whitehall?15 A. None other, except through S & C.16 Q. He didn't ever buy any by himself?17 A. That's correct --18 Q. Okay.19 A. -- to my knowledge.20 Q. And he never lived in a house while he21 was living in the Whitehall area?22 A. I believe that's correct.23 Q. Did he ever stay in a house?24 A. I don't know.25 Q. You don't know. Okay. How often do you

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1 talk to Pete today?2 A. It's sporadic. Whenever he wants to talk3 or I need to talk, we talk.4 Q. Do you call him?5 A. You can't call him because of the phone6 service. For some reason, it's not compatible7 with his phones from here.8 Q. Okay.9 A. He calls me.

10 Q. So it works one way?11 A. What do you mean?12 Q. His telephone.13 A. It works when he calls from there.14 Q. Okay. You can't call him?15 A. I have to wait for him to call me. He16 gets e-mail, though.17 Q. Okay. You communicate with him by18 e-mail?19 A. Or our lawyer there.20 Q.. Okay. And who is your lawyer there?21 A. Luciano Alba.22 Q. Spell his name for me.23 A. L-u-c-i-a-n-o. Last name Alba, A-l-b-a.24 Q. And where does he work?25 A. He's in Santa Rosa.

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1 Q. Okay.2 A. And his office can reach --3 Q. Do you have --4 A. -- Peter.5 Q. Do you have an address for him?6 A. I think he's -- I -- I -- yeah, I have an7 address, I think, but I -- I don't know what it8 is.9 Q. How do you communicate with Luciano?

10 A. Well, his -- he has a landline.11 Q. Mm-hmm.12 A. So I can talk to him on the phone --13 Q. Okay.14 A. -- or e-mail.15 Q. You e-mail him -- okay. What telephone16 number do you call him on?17 A. I don't have that number.18 Q. Do you have it somewhere?19 A. Yes.20 Q. Can you get it for me?21 A. Well, you can talk to my attorney.22 That's the same way I communicate with my attorney23 here, is by telephone and e-mail.24 Q. Do you have his phone number?25 A. I don't have it with me, no.

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1 Q. Can you get it?2 A. I can get it, yes.3 Q. Okay. And what language do you4 communicate with him in?5 A. English.6 Q. Okay. He speaks English?7 A. Yes.8 Q. Fluently?9 A. Yes.

10 Q. Okay. He speaks to Peter in what11 language?12 A. In Spanish and English.13 Q. Pete speaks Spanish?14 A. He's learned Spanish pretty well.15 Q. Okay. What computer do you e-mail Pete16 on?17 A. When I'm not -- if I have to ask him to18 call, then I -- I will go through Luciano --19 Q. Mm-hmm.20 A. -- typically.21 Q. When you say, "go through," do you mean22 call?23 A.. No, e-mail.24 Q. Okay.25 A.. You're asking me about --

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1 Q. You e-mail --2 A. -- e-mail.3 Q. -- Luciano --4 A. Yes.5 Q. -- and ask Pete to call you?6 A. Yes.7 Q. Okay. What computer do you use to send8 those e-mails?9 A. I have a commute -- a computer.

10 Q. In your house?11 A. Yes.12 Q. How many?13 A. The one I use is the one that I -- the14 one I normally use.15 Q. You have one?16 A. I have more than one, but the one that I17 use -- well, I -- I might e-mail on another one if18 I'm out of town. I'll use other computers.19 Q. How many do you have?20 A. Well, I use Hotmail --21 Q. Okay.22 A. -- if I'm in other places.23 Q. How many computers do you own?24 A. I have two.25 Q. Okay. Are they both in your house?

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1 A. Yes.2 Q. Okay. Are they both desktops or laptops?3 A. Laptops.4 Q. They're both laptops?5 A. Yep.6 Q. Who has access to them?7 A. Well, anyone in my house.8 Q. Which is who?9 A. My wife, my son.

10 Q. Do they use them?11 A. Yes.12 Q. Okay. And which ones do you use to13 communicate with Pete from? Both of them?14 A. I would say both.15 Q. Okay. Do you have any e-mail accounts16 other than your Hotmail one?17 A. Well, that's MSN.18 Q. What's your e-mail address?19 A. MSN.20 Q. What is your e-mail address?21 A. [email protected] Q. Okay.23 A. Yeah.24 Q. And --25 A. But I get to it through Hotmail --

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1 Q. Okay.2 A. -- most of the time.3 Q. Okay. Um, do you have a cellphone?4 A. Yes.5 Q. Do you have a Blackberry?6 A. Yes.7 Q. Okay. Who -- who, um, bought those?8 A. I don't remember if I bought it9 personally or whether Glacial bought it.

10 Q. Can you find out?11 A. I can -- I think this one may be within12 the time that I have some records on it. I don't13 know. It's not a new one. I've had it for a good14 while --15 Q. The cell phone --16 A. -- the Blackberry.17 Q. -- or the Blackberry?18 A. Well, the Blackberry.19 Q. Okay. What's the cellphone number?20 A. (406) 490-2474.21 Q. And what's your Blackberry number?22 A. No, that's it. That's the only one I23 use.24 Q. So your cellphone and your Blackberry are25 the same thing?

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1 A.. Yeah.2 Q. Okay. And you think Glacial Bank bought3 those for you?4 A. No, not Glacial Bank.5 Q. Glacial Power?6 A. No, I -- I don't recall. I don't know7 how we paid for that.8 Q. Okay. Did you pay for it personally?9 A. That's what I don't know. It's been two

10 or three years. I don't remember.11 Q. Okay. Where did you buy it from?12 A. I bought it online.13 Q. Okay. From one of your computers at14 home?15 A. I don't think so. I bought it through16 Verizon.17 Q. Okay. Did you use a credit card?18 A. I don't know.19 Q. Okay. Who would know?20 A. Let me think. I would have used a -- a21 credit card. I just don't know -- because I've22 been with Verizon and -- I don't know if they put23 that on the bill when they changed the phone or24 whether I paid a credit card. That's what I don't25 know.

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1 Q. Okay. Do you have a personal credit2 card?3 A. Yes.4 Q. And do you have an S & C Corporation5 credit card?6 A. No.7 Q. Does anyone?8 A. I don't know. Certainly, none was ever9 authorized.

10 Q. When was the last time you talked to11 Peter?12 A. Yesterday.13 Q. By telephone?14 A. Yes.15 Q. Okay. Who called whom?16 A. He called me.17 Q. Okay. And what did you discuss?18 A. We discussed this case --19 MR. MEYER: Ob -- objection:20 Attorney-client privilege. I'm going to instruct21 you not to answer that.22 THE WITNESS: All right.23 Q. (By Ms. Tranel) You didn't -- what --24 disregarding any conversations you had with your25 attorney, what did you and Pete talk about?

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1 A. We didn't.2 MR. MEYER: Same objection.3 Q. (By Ms. Tranel) You spoke with Pete4 yesterday?5 A. With the attorney.6 Q. Oh, you didn't tell me he was on the7 telephone as well.8 A. He was.9 Q. Okay. You had a conference call

10 yesterday?11 A. Yes.. We were all three on the phone.12 Q. Okay. Who else was on the phone?13 A. The three of us.14 Q. Okay. When did you -- when was the last15 time you talked to Pete, just the two of you?16 A. Within the last month, probably.17 Q. Okay. And your conversation yesterday18 was to prepare for this deposition?19 A. You're --20 MR. MEYER: Objection:21 Attorney-client --22 MS. TRANEL: You can --23 MR. MEYER: -- privilege. I instruct24 you --25 MS. TRANEL: You can answer.

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1 MR. MEYER: I would instruct you not to2 answer that.3 THE WITNESS: Okay.4 Q. (By Ms. Tranel) Your conversation5 yesterday was with Pete and with your attorney.6 Is that right?7 A. Yes.8 Q. Okay. Where was that conversation held?9 A. My attorney's office.

10 Q. In Bozeman?11 A. Yes.12 Q. Okay. All right. And you traveled here13 for that -- okay. And when was the last time14 before that you spoke with Pete?15 A. I don't recall the date.16 Q. When was the last time you e-mailed him?17 A. Sometime this week.18 Q. When was the last time he e-mailed you?19 A. I haven't had an e-mail from him for at20 least a week or so -- maybe longer.21 Q. What his -- what is his e-mail address?22 A. I don't know it offhand.23 Q. Okay. Can you get me that information?24 A. I'll give it to my attorney and --25 Q. Do you have it?

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1 A. I don't have it here, no.2 Q. Okay. Can you get it?3 A. I can get it.4 Q. Okay. Have you ever been to Europe with5 Pete?6 A. Yes.7 Q. When?8 A. Oh, several times.9 Q. Okay. When?

10 A. Did I -- are you asking if I went with11 him or what?12 Q. I'm asking you: Did you go to Europe13 with Pete?14 A. No.15 Q. Okay. Did you ever go to Europe and see16 Pete in Europe?17 A. Yes.18 Q. Okay. When?19 A. Well, there have been several occasions.20 Can you -- which one are you asking about?21 Q. When were they?22 A. Probably every year in the last four or23 five years.24 Q. When have you gone to see him?25 A. When?

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1 Q. Mm-hmm.2 A. I don't remember each and every time3 offhand, but last year, I saw him.4 Q. In 2008?5 A.. In 2008, in Europe.6 Q. When?7 A. April.8 Q. Okay. Where?9 A. Um, in Zurich and --

10 Q. Does Pete own a house there?11 A. No.12 Q.. Where did you stay?13 A. I was at -- at the Hilton, um, part of14 the time and one other hotel. I don't recall the15 name of it.16 Q. Who paid for it?17 A. I paid for that.18 Q. Out of your personal funds?19 A. I -- I'm not sure which funds I used for20 that. It didn't -- it wasn't Pete's money, no.21 It was my money.22 Q. What was the purpose of your trip?23 A. I had -- we were going to visit in Vienna24 because he had -- it was a social function that he25 was going to, and I was going to be with him.

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1 Q. What social function?2 A. He had a friend there that -- I wasn't3 going with that; I was going to see him for social4 reasons -- that is, Pete. But he was there for --5 some friend of his -- I don't -- I don't know.6 Q. When was the last time before April of7 last year that you saw him?8 A. Um, well, I -- last year I saw him in9 Argentina in February -- 2008, we're still talking

10 about. That was the next time, going backwards.11 Q. Okay. When before that did you see him?12 A. I saw him in December of 2007.13 Q. Where?14 A. In Buenos Aires.15 Q. When?16 A. In December.17 Q. Christmas?18 A. No. It was early in December.19 Q. Okay. And who paid for that trip?20 A. I believe I paid for that, as I recall.21 But I -- I'm not sure again on that. But he22 didn't pay for it; I paid for it.23 Q. Who paid for the Argentina trip in24 February?25 A. Same answer. I -- I think I paid for

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1 both those trips.2 Q. Okay. Do you have the records for that?3 A. I think I -- I would or either my4 accountant.5 Q. Who's your accountant?6 A. Rudd and Company.7 Q. Who is it?8 A. Rudd -- Rudd, R-u-d-d.9 Q. Where are they located?

10 A.. Bozeman.11 Q. Okay. How long have they been your12 accountant?13 A. This past year.14 Q. Did you have an accountant before that?15 A. Yes.16 Q. Who was that?17 A. Steve Oldmixon.18 Q. Who's he -- where is he?19 A. In Houston area.20 Q. Spell his name.21 A. O-l-d-m-i-x-o-n.22 Q. When was the last time before December of23 '07 that you saw Pete?24 A. I don't recall what other time I saw him25 during 2007. In 2006, I saw him two times -- and

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1 maybe in early 2007, but in 2006, two times.2 Q. When?3 A. June and August, I believe were the4 months.5 Q. Where?6 A. Buenos Aires.7 Q. Both times?8 A. Yes.9 Q. You flew there?

10 A. Yes.11 Q. Who paid for it?12 A. I think he reimbursed me for those.13 Q. Do you fly first-class or coach?14 A. That was coach.15 Q. Okay. And before that?16 A. I didn't fly to see him anywhere before17 that.18 Q. Okay. What was the purpose of the trips19 in June and August of '06?20 A. That was the acquisition of the Sol Pico21 properties.22 Q. In Argentina?23 A. Yes.24 Q. Did you look at the properties before25 they were purchased?

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1 A. We went and looked at them on one2 occasion. The -- we had not completed the3 purchase, I don't think --4 Q. Who --5 A. -- at that time.6 Q. -- is "we"?7 A. I think Pete and I, and maybe Robert8 Donat was there. I'm -- I don't recall.9 Q. Okay. And, um, did you advise Pete to

10 move forward with the purchase?11 A. I was working with the attorney there12 that was representing us and --13 Q. Which attorney was that?14 A. Juan Chiesa.15 Q. Okay.16 A. And I relied on him for the title --17 Q. Okay.18 A. -- confirmation and ownership of that19 corporation.20 Q. Was it your recommendation to move21 forward with that?22 A. At that time, yes.23 Q. Okay. And when was the last time before24 that, that you saw Pete?25 A. That -- that would have been in 2005.

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1 Q. Okay.2 A. I believe it was some -- sometime in3 2005. I don't remember when.4 Q. Where was that meeting?5 A. Well, let me revise that. It would have6 been 2004/2005, during that period of time, in7 Zurich and London.8 Q. You saw him twice in a one-year period?9 A. Yes.

10 Q. Both times in Europe?11 A. Yes.12 Q. Okay. Do you remember which came first?13 A. No.14 Q. Okay. What was the purpose of those15 trips?16 A. We were discussing various businesses.17 Q. Which businesses?18 A. I don't recall everything we discussed at19 that time. We had --20 Q. Okay --21 A. -- thought about that --22 Q. -- were you talking about S & C?23 A. We talked about -- I'm sure we talked24 about S & C. I don't re -- remember anything in25 specific terms.

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1 Q. Who paid for those trips?2 A. I don't recall who paid for that..3 Q. Did you?4 A. I may have.5 Q. Did Pete?6 A. I told you I don't know.7 Q. Okay. Can you find out?8 A. I don't know if I can go back that far9 and find out, no. I don't know.

10 Q. When else were you in Europe with Pete?11 A. I believe those were the only times.12 Q. Okay. So, before London or Zurich, when13 was the last time before that you saw Pete?14 A. Here in Montana. It was, um, 2004.15 Q. When in '04?16 A. Before he left. I don't remember what17 day.18 Q. When did he leave?19 A. June.20 Q. Okay. Was he deported?21 A. No.22 Q. He left voluntarily?23 A.. Yes.24 Q. Okay. And he left from Nevada?25 A. I think he left from Nevada. And then I

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1 saw him after that -- I saw him in Zurich, I2 believe. But I saw him in Montana and then Zurich3 in 2004.4 Q. Okay. And when you saw him in '04, where5 was that in -- in Montana -- where in Montana was6 that?7 A. In the Whitehall area.8 Q. Where?9 A. Well, I saw him in the Upper Radar area;

10 I saw him in Whitehall itself; I saw him outside11 of Whitehall, near Townsend.12 Q. Do you remember the last time that you13 saw Pete in Montana?14 A. No.15 Q. Okay. Why did Pete leave the U.S.?16 A. His visa was finally determined by some17 administrative hearing to have been ex -- to have18 expired. The attorney handling that knows about19 that. I don't know -- anyway, they -- he didn't20 have a visa anymore.21 Q. He was deported?22 A. No.23 Q. Okay. His visa expired?24 A. It expired.25 Q. Who was the attorney handling that?

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1 A. Peter Ashman.2 Q.. And where is he located?3 A. Las Vegas.4 Q. And how did you come to get associated5 with him?6 A. Because he was representing Pete..7 Q. In what case?8 A. In the administrative proceeding with9 immigration.

10 Q. How did you come to hire Pete Ashman?11 A. I didn't hire him; Peter did.12 Q. Okay.. Did you recommend him?13 A. No. I didn't know Peter Ashman.14 Q. Okay. Peter Koeck found Peter Ashman on15 his own?16 A. Yes.17 Q. Okay. Do you know anything about that?18 A. No.19 Q. Okay. Um, his visa expired in June?20 A. No. I don't know when it expired, but21 they were having a dispute about the validity of22 the visa and --23 Q. Uh-huh.24 A. -- he was overstayed, but I don't know25 about the proceedings. Anyway, Ashman was

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1 handling that.2 Q. All right. And where did Pete go when he3 left?4 A. He flew to Zurich, I believe.5 Q. I think you already testified to this,6 but I forgot. Does he have a home there?7 A. No.8 Q. Okay. What -- does he have family in9 Zurich?

10 A. No..11 Q. Okay. Does he have a home anywhere in12 Europe?13 A. Well, he has a home with his family in14 Austria, outside of Vienna.15 Q. Okay. But he -- does he own any property16 in Switzerland?17 A. No.18 Q. Okay.19 A. Not that I know of.20 Q. Okay. Did you -- in your relationship21 with Peter, did you act as an attorney to him?22 A. No.23 Q. Okay. Did you explicitly tell him you24 weren't acting as an attorney?25 A. Yes, because we always hired attorneys.

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1 Q. Okay.. How many attorneys have you hired?2 A. We had one in Zurich; we had one in, um,3 Buenos Aires; we have one here. We -- he had his4 in Las Vegas.5 Q. Mm-hmm.6 A. So I suppose four --7 Q. Okay.8 A. -- five, including Luciano.9 Q. Okay. You currently have five attorneys

10 working for you?11 A. Not -- no, not continuously. And there's12 another one, but they're on a case-by-case basis,13 typically.14 Q. When you made that transaction to15 purchase the Sol Pico, um, you said you did that16 in U.S. dollars. Did you transfer the money from17 euros to dollars?18 A. No, they were in U.S. dollars.19 Q. In Zurich?20 A. Yes --21 Q. Okay.22 A. -- well, I don't know if they -- I don't23 recall if they were in Zurich, but they were in24 U.S. dollars.25 Q. Okay. When did you and Pete discuss the

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1 dollar collapsing?2 A. When did what?3 Q. You and Pete discuss the dollar4 collapsing?5 A. I think that's been a -- I don't know6 what you mean by "collapsing." Collapsing?7 Q. Mm-hmm. Losing its value.8 A. We discuss currency periodically all the9 time.

10 Q. Okay.. Did you have a con -- conversation11 about the value of the dollar?12 A. We have talked about the valuation of a13 lot of currencies.14 Q. Mm-hmm.15 A. Are you asking me about a particular16 event? I -- I'm not sure what you're talking17 about.18 Q. Did you ever -- was there a particular19 event?20 A. Not that I'm aware of.21 Q. Okay. Did you ever recommend to Peter to22 move his money out of U.S. dollars?23 A. We have talked about currencies. We read24 The Wall Street Journal. He reads different25 financial publications, I do, and we compare

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1 notes.2 Q. Do you advise him?3 A. We talk about it.4 Q. Do you --5 A. It's not --6 Q. -- do you advise him?7 A. We dis -- we just have a discussion be --8 between ourselves. And he has some opinions and I9 have some opinions, and it's just a discussion.

10 Q. Do you give him advice?11 A. He tells me things and I tell him things,12 and I don't know that you would characterize it as13 advise. We discuss. So I guess the answer is no.14 Q. Okay.15 A. It's time for a break, I think.16 Q. Would you like to take a break?17 A. Yeah, I think so, because it's --18 Q. Okay. It's --19 A. -- we've been going at it for two hours,20 so --21 Q. Okay.22 MS. TRANEL: It's a little bit after23 noon. We'll take a break for lunch. Does one24 o'clock sound reasonable to be back, or would you25 like more time? 1:15?

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1 MR. MEYER: Yeah.2 THE WITNESS: 1:15.3 MS. TRANEL: Okay. We'll be back here at4 1:15. We can go off the record. How are we doing5 on the tape?6 VIDEOGRAPHER: We're off the record at7 12:10 p.m.8 (Whereupon, the deposition was in recess9 at 12:10 p.m., and subsequently

10 reconvened at 1:17 p.m., and the11 following proceedings were had and12 entered of record:)13 VIDEOGRAPHER: We're on the record at14 1:17 p.m.15 Q. (By Ms. Tranel) Okay. Don, when we left16 off, we were talking about some of the personal17 background that you have with Peter Koeck. I want18 to take you back to your testimony about Franklin19 Power and Energy West Resources.20 A. One -- one thing --21 Q. I'm sorry -- wait -- go ahead.22 MS. MARTINO: I was just going to hand23 him some coffee and --24 MS. TRANEL: Okay.25 MS. MARTINO: -- see what you guys need.

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1 MR. MEYER: Thank you.2 A. In your questions about share ownership3 -- I was talking about investments, but I don't4 know if we -- you were talking about S & C. I5 have one share of stock in that. Now, was that6 covered in your questions?7 Q. (By Ms. Tranel) I asked you if you owned8 shares in any companies. What is your -- is your9 testimony that you do?

10 A. I have one share in S & C.11 Q. Okay. Um, and -- so I wanted to take you12 back to Franklin Power and -- and Energy West13 Resources. And I think you testified that, um,14 Franklin Power is a defunct corporation. Is that15 accurate?16 A. It's not operating.17 Q. Okay. Is it, um, active in any states or18 licensed with any public utility commissions?19 A. Not that I'm aware of.20 Q. Okay. I'm going to hand you what we'll21 mark as our Deposition Exhibit No. 1. This is a22 public u -- u -- utility commission report from23 the state of Texas. Could you take a minute to24 look at that?25 A. Okay.

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1 Q. Is that referring to the same Energy West2 Resources/Franklin Power that you've talked about3 during your deposition?4 A. I haven't talked about Energy West5 Resources.6 Q. Does that refer to Franklin Power on7 there?8 A. I see down here: "Firefly powered by9 Franklin," above it: "Franklin Power Company." I

10 don't know about this. This doesn't appear to be11 any company that I know anything about.12 Q. Okay. What's the address on that13 company?14 A. This says: "301 Monticello, Odessa."15 Q. Okay. Um, can I just see the -- what's16 the address that's listed right there on the17 bottom?18 A. "3500 Maple Avenue, Suite 1340, Dallas,19 Texas" --20 Q. Okay. And --21 A. -- "75219."22 Q. And does that list that company as23 active?24 A. I don't know if it's active or not.25 There -- there's something says "status," and this

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1 is dated in 2003 or -- I'm not sure what the date2 is.3 Q. Okay. Do you -- are you -- does that4 give you any -- do you know anything about that?5 A. No.6 Q. Okay. I'd like to mark this as7 Deposition Exhibit No. 1.8 (Whereupon, Deposition Exhibit No. 19 was marked for identification.)

10 MR. MEYER: Let's go off the record for11 just one second.12 MS. TRANEL: No, I don't want to go off13 the record. Let's stay on the record. Thanks.14 MR. MEYER: Okay. Um, I think you've15 already got a couple of exhibit numbers from the16 mandamus hearing.17 MS. TRANEL: We'll start with this as18 Deposition Exhibit No. 1. Thanks.19 Q. (By Ms. Tranel) Don, you gave some20 testimony about, um, Franklin Power and it being21 terminated, and then Glacial Energy now being the22 operating corporation earlier?23 A. Yes.24 Q. Okay. Tell me again -- I'm not sure if I25 caught it. Tell me again how you invested in

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1 Franklin Power.2 A. In Franklin Power?3 Q. Did you invest in Franklin Power?4 A. That company operated for a very short5 time, and I did not invest in Franklin Power6 directly, no.7 Q. Did you invest in any of the affiliates8 of Franklin Power?9 A. I'm not aware of any --

10 Q. Did you --11 A. -- affiliates.12 Q. Did you invest in Glacial?13 A. Yes.14 Q. -- Energy?15 A. Glacial Energy.16 Q. Okay. And how did you invest in Glacial17 Energy?18 MR. MEYER: Objection: Asked and19 answered.20 MS. TRANEL: You can answer..21 A. I believe I answered that before.22 Q. (By Ms. Tranel) What was your answer?23 A. Can we read back?24 Q. If you remember, just tell me what --25 what was -- how did you invest in it?

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1 A. We started research on that sometime2 before the formation of Glacial Energy, and I3 spent a lot of time and money doing that.4 Q. Okay. Did you directly invest by buying5 shares of the corporation?6 A. I spent money to help start the company.7 I don't recall exactly how much was expended or8 invested.9 Q. Did you invest money on behalf of anybody

10 else in Glacial Power?11 A. I didn't invest money -- to purchase12 shares, you mean?13 Q. Right.14 A. No.15 Q. Okay. I'm going to hand you, um, what16 we'll mark as Deposition Exhibit No. 2. Take a17 minute to look at that document.18 A. (The witness complied.)19 Q. Is that document familiar to you?20 A. I don't remember this document.21 Q. What's the title of that document up at22 the very front?23 A. It says: "Wire transfer request."24 Q. Is that -- is that everything it says?25 What does it say up at the top?

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1 A. "Page 1 of 2."2 Q. Okay. And what is the amount right3 beneath that?4 A. 500,000.5 Q. Okay. And who is listed as a sender6 under "name"?7 A.. "Peter Koeck; power of attorney, Donald8 R. Bernard" --9 Q. Okay. That's down at the bottom --

10 A. -- "and Robert Donat."11 Q. That's down at the bottom. Up at the12 top, under "sender information," who is the name?13 A. "S & C Corporation.."14 Q. Okay. And what address is listed?15 A. "14 Scenic Drive."16 Q. And what's your home address?17 A. 14 Scenic Drive.18 Q. Okay. And this lists under the19 beneficiary information, "the BNF name is" --20 what?21 A. "Energy West Resources Limited, DBA22 Franklin Power Company."23 Q. Okay. And what's the address of that24 company?25 A. "3500 Maple Avenue, Suite 1340, Dallas,

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1 Texas 75219."2 Q. Okay. And the receiving bank information3 is which bank?4 A. "Bank of America."5 Q. And what's the address?6 A. "700 North Grant Avenue, Odessa, Texas7 79761."8 Q. Okay. And what is the sender's9 signature? Whose name is --

10 A. There are three names. It looks like:11 "Robert Donat; Peter Koeck; power of attorney,12 Donald R. Bernard."13 Q. Did you sign this for Peter Koeck?14 A. I believe I must have. That's my15 signature.16 Q. Okay. And what's the date on that17 document?18 A. July 19th, 2004.19 Q. Okay. So did you invest $500,000 into20 Franklin Power on behalf of S & C Corporation?21 A. We -- as I recall, now, I did -- I didn't22 recognize the name "Energy West." Um, I'm not23 sure what that was. Franklin Power is -- is one24 that I'm talking -- that I referred to.. 500,00025 was transferred in, which was then replaced by a

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1 separate wire into S & C of 500.2 Q. What was replaced?3 A. The 500,000, I believe, the next day or4 two.5 Q. Okay. Explain that to me in steps.6 500,000 was wired out of S & C?7 A. Yes. And 500,000 was put back in.8 Q. Do you have any documentation to show9 that?

10 A. There should be a deposit reflected in11 the Glacier bank records, I'm sure.12 Q. Do you have one?13 A. I don't have it right here with me, no.14 Q. Can you get it for me?15 A. Mr. Donat has all the records on --16 Q. Can you get it for me?17 A. I -- I don't know if I can now, but I18 might be able to. You'll have to just talk to my19 attorney about it.. We'll see if we can find it.20 Q. Do you have access to the bank account?21 A. That -- that bank account is closed now.22 The records should be in the bank, yes.23 Q. And you have access to them?24 A. I can request it. I don't know if25 they're there, but I assume so. We -- I think we

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1 provided those to you.2 Q. Okay. I'm requesting that you produce3 that documentation showing that wire transfer to4 me. Can you do that?5 A. I think this --6 Q. I'm making that request to you.7 A. You're making that request.8 Q. Yes.9 A. A second request --

10 MR. MEYER: Hopefully, you can make that11 request to me in writing.12 MS TRANEL: We'll have this marked as13 Deposition Exhibit No. 2.14 (Whereupon, Deposition Exhibit No. 215 was marked for identification.)16 Q. (By Ms. Tranel) What happened to that17 $500,000 that was invested into Franklin Power?18 MR. MEYER: Objection: Foundation.19 MS. TRANEL: You can answer.20 A. It was transferred into Franklin Power21 and the officers used it in the course of22 business, as far as I know.23 Q. Okay. Were -- did S & C own shares in24 Franklin Power?25 A. No.

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1 Q. Okay. $500,000 was deposited into2 Franklin Power?3 A. Yes.4 Q. Okay. And it was used how?5 A. In the course of business.6 Q. Which means what?7 A. They were in the power business, and it8 was then used in their business to buy and sell9 power.

10 Q. Did S & C ever receive any profit from11 that?12 A. 500,000 the next day -- or the next day13 -- whenever it went back into the account.14 Q. S & C gave Franklin Power $500,000, and15 the next day, Franklin Power --16 A. No, no.17 Q. -- gave S & C $500,000?18 A. No. It was replaced by Peter Koeck.19 Q. Okay. I'm talking about the $500,00020 that was given to Franklin Power?21 A. It was re -- it was replaced. S & C had22 no interest in it.23 Q. That's not my question. I'm asking you24 --25 A. What happened to it?

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1 Q. -- what Franklin Power did with the2 money?3 A. As far as I know, they spent it on power4 purchase and sales.5 Q. Okay. And S & C Corporation just gave6 Franklin Power $500,000?7 A. No. They received 500,000 back. It was8 only for a matter of days.9 Q. Who did they receive the $500,000 back

10 from?11 A. The same person that put it into S & C in12 the first place.13 Q. Which was whom?14 A. Peter Koeck.15 Q. Okay. That's not my question. My16 question is what Franklin Power did with the17 $500,000.18 MR. MEYER: Objection: Asked and19 answered.20 Q. (By Ms. Tranel) You can answer the21 question.22 A. Well, I've answered it five times.23 Q. They spent it on their own personal24 business?25 A. Not personal business. It's -- they

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1 spent it in their business.2 Q. Okay. And who were the -- who were the3 owners of that business?4 A. That was -- that was Gary Mole.. I think5 he's a principal.6 Q. And who else?7 A. I don't know the other people.8 Q. And you?9 A. I was not an owner of that company at

10 that time -- or any time.11 Q. You were involved with the company at12 that point?13 A. What do you mean by "involved"?14 Q. What was your affiliation with Franklin15 Power at that point?16 A. I was advising Franklin.17 Q. Okay. So S & C gave Franklin Power18 $500,000. Did S & C get anything back from19 Franklin Power?20 A. No.21 Q. Never?22 A. Except the 500,000 was returned.23 Q. From whom?24 A. From Peter Koeck.25 Q. Not from Franklin Power?

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1 A. No.2 Q. Okay. So, S & C essentially made a3 donation to Franklin Power of $500,000?4 A. No. The arrangement was that it would5 transfer it and the funds would be replaced. They6 all belonged to Peter Koeck.7 Q. Okay. So Peter Koeck gave Franklin Power8 $500,000?9 A. Yes.

10 Q. And he never got that back from Franklin11 Power?12 A. No. He received ownership in Glacial.13 Q. In exchange for the $500,000 investment14 in --15 A. It was a --16 Q. -- Franklin Power?17 A. It was not an investment; it was a loan.18 Q. Okay. Who made the terms of that loan?19 A. Peter.20 Q. And who?21 A. And Franklin.22 Q. Who -- who was negotiating for Franklin?23 A. Their accountant. I don't -- their24 controller. I don't know -- I don't remember his25 name now.

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1 Q. Who does?2 A. I don't know.3 Q. Where can you --4 A. It's been -- that was in 2004: Five5 years ago.6 Q. Where can you get that information?7 A. I don't know offhand who would know that.8 Q. Okay. All right. So Peter gave $500,0009 to Franklin Power. Franklin Power was terminated?

10 A. It completed its contracts. It was no11 longer needed.12 Q. Okay. And Glacial Power took over?13 A. Glacial Power -- no, Glacial Energy14 started a -- a totally new business. They didn't15 assume any contracts.16 Q. Did they assume loans?17 A. I don't -- I don't remember if they paid18 it back or who paid it back, but it -- Franklin19 didn't owe it, as I recall, after it finished its20 contracts.21 Q. It didn't owe what?22 A. The 500.23 Q. Okay. Did Peter forgive the loan?24 A. Everything. Everything was paid back to25 Peter, as far as I know.

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1 Q. From Franklin Power?2 A. I don't know where he got the money from.3 But it -- I don't believe there's any debt to4 Peter from Franklin Power.5 Q. So Franklin Power paid it back to Peter?6 A. I -- I'm telling you I don't know.7 Q. Who does know?8 A. I don't know. That was five years ago.9 I don't have any records on that.

10 Q. Okay. And you wired that money from your11 home address?12 A. I didn't wire it from my home address.13 Q. Okay. Where did you wire it from?14 A. Mr. Donat signed it at the bank, I think.15 Q. Okay. Was Peter Koeck surprised to know16 that he had given Franklin Power $500,000 that was17 never repaid?18 MR.. MEYER: I object to your19 characterization of the testimony. He's already20 said that he was -- Peter Koeck received the -- an21 ownership interest --22 Q. (By Ms. Tranel) You can answer.23 A. Well, I did.24 Q. What is your answer? Was Peter Koeck25 surprised?

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1 A. That he had been repaid?2 Q. To learn that he had donated the money.3 A. That's not correct. That's not what I4 said. Who said --5 Q. Okay. What did you say?6 A. No, I didn't say that.7 Q. What did you say?8 A. I said that he had been repaid.9 Q. By Franklin Power?

10 A. I don't recall who repaid him.11 Q. Okay. Where can we get that information?12 A. I don't know.13 Q. Okay. You think he was repaid, but you14 don't have any evidence to show that?15 A. I told you I believe that he received the16 shares, the ownership in Glacial.17 Q. In exchange for what?18 A. The loan.19 Q. Of $500,000?20 A. Yes.21 Q. Okay. So the $500,000 was a loan?22 A. Yes.23 Q. And that was a contract negotiated by the24 accountant?25 A. Yes.

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1 Q. And you don't know his name?2 A. I don't remember his name.3 Q. Okay. Where was he located?4 A. Dallas.5 Q. Okay. What are Peter's shares worth in6 Glacial Energy?7 A. I don't even know how you can calculate8 that.9 Q. You don't have any shareholder agreement,

10 shareholder information?11 A. You asked me the value. Is that correct?12 Q. I did.13 A. I don't know what the value is.14 Q. You don't know the value of Peter's15 shares?16 A. That's correct. I don't know the value.17 Q. Do you --18 A. It's not a public company; it's private.19 Q. Do you know how to calculate it?20 A. Well, you tell me the formula you want to21 use. I don't know what formula you're going to22 use.23 Q. Do you know how to value it?24 A. No, I don't.25 Q. Okay. Do the shares have any value?

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1 A. Yes.2 Q. What is the value of each share?3 A. I don't know.4 Q. Are there corporate minutes?5 A. That's not in any corporate minutes that6 I'm aware of.7 Q. Okay. Is there a -- a share value8 assigned anywhere in the corporation?9 A. No. Not that I know.

10 Q. Okay. What laws is Glacial Energy11 incorporated under?12 A. The laws of Virgin Islands. I just don't13 know what the values are.14 Q. Does anyone know?15 A. I doubt it.16 Q. Does Gary Mole know?17 A. I don't think he would know. It's a18 private company.19 Q. And nobody has any idea what the value of20 their shares are?21 A. It'd be a guess and speculation.22 Q. Okay. Let's talk about S & C23 Corporation. Are you familiar with S & C24 Corporation?25 A. Yes.

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1 Q. Okay. How was it created?2 A. A corporation charter was obtained from3 the secretary of state in the state of Montana.4 Q. Who obtained that?5 A. I did.6 Q. Whose idea was it to create that7 corporation?8 A. Peter Koeck.9 Q. Okay. When -- when did he decide to do

10 that?11 A. I don't know when he decided to do that;12 I just know when it was formed.13 Q. What year was it formed?14 A. 2004.15 Q. Okay. Who incorporated it?16 A. I filed the corporation application and17 obtained the charter.18 Q. Okay. Who asked you to do that?19 A. Peter Koeck.20 Q. Okay. Who were the members of the21 corporation?22 A. Peter Koeck, Frank Heilig and myself were23 the ones that were initially involved in that24 company.25 Q. What was the purpose --

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1 A. When I say, "involved," we -- we signed2 the initial minutes -- or Peter -- I guess, in3 thinking back, it -- well, we have the minutes4 right here. You can see who signed.5 Q. Go ahead and take them out, if you would.6 A. Okay. What is your question?7 Q. Okay. My question was: Who were the8 initial members of S & C Corporation?9 A. What do you mean by "members"?

10 Q. Who was -- who was in the company? Who11 was in the corporation? Who were the12 shareholders?13 A. Peter Koeck.14 Q. Okay. Who else was involved in the15 corporation?16 A. Well, I -- I don't understand what you17 mean by "involved."18 Q. Okay.. Was there any other person who was19 affiliated in any way with S & C Corporation?20 A. Are you -- I don't -- what is21 "affiliation"? I -- I -- I'm really not sure what22 you're getting at.23 Q. Who was Frank Heilig?24 A. Frank Heilig was the secretary.25 Q. Okay. So was he a member of the

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1 corporation?2 A. We -- there were no members, to my3 knowledge.4 Q. He was just a secretary without being a5 member of it?6 A. Well, I don't know what "member" is.7 What is --8 Q. Okay.9 A. -- "member"?

10 Q. Well, he did -- was he involved with the11 corporation?12 A. As secretary.13 Q. Okay. Who else was involved with the14 corporation?15 A. Peter Koeck.16 Q. And he was the only shareholder?17 A. Yes.18 Q. Okay. And were you affiliated or19 involved with the corporation?20 A. I was not affiliated or involved. I was21 the incorporator.22 Q. Okay. What are you looking at?23 A. I'm looking at the -- where I signed as24 incorporator.25 MS. TRANEL: Can we make a copy of

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1 that --2 VIDEOGRAPHER: Sure.3 MS. TRANEL: -- and have that marked as4 our -- the next deposition exhibit? Okay.5 VIDEOGRAPHER: We're off the record at6 1:40 p.m.7 (Whereupon, a break was taken.)8 MS. TRANEL: Okay. Go back on the9 record.

10 VIDEOGRAPHER: Okay. The time is11 1:43 p.m.12 Q.. (By Ms. Tranel) Okay. Don, you13 testified that you incorporated S & C Corporation.14 Is that correct?15 A. Yes.16 Q. Okay. And, um, what -- how did you17 structure S & C Corporation?18 A. I obtained a charter.19 Q. Okay. And what kind of a corporation was20 it?21 A. Domestic profit corporation.22 Q. Did you -- did you designate it a closed23 corporation?24 A. No. Or -- I -- I'm not sure. When --25 when do you mean, did I designate it?

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1 Q. If you look under No. 1, there's a box2 there that says: "This corporation is a closed3 corporation." Did you check that box?4 A. Oh, here, yes. Yes --5 Q. Okay.6 A. -- okay. With directors --7 Q. And was it operating with directors or8 without directors?9 A. With director.

10 Q. Okay.11 MS. TRANEL: I'll just mark this as12 Deposition Exhibit No. 3..13 (Whereupon, Deposition Exhibit No. 314 was marked for identification.)15 Q. (By Ms. Tranel) Who drafted the bylaws16 of S & C Corporation?17 A. These bylaws were in the book that we18 purchased.19 Q. Where did you purchase a book?20 A. I don't recall. It's one of the21 corporation services.22 Q. Who purchased it?23 A. I purchased it.24 Q. Okay. And the bylaws were in the book?25 A. Yes.

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1 Q. They came with it?2 A. Yes.3 Q. Who filled in the blanks?4 A. Peter and I did that together.5 Q. Does Peter type?6 A. You mean, who physically put --7 Q. Yes.8 A. -- the words in the blanks?9 Q. Yes.

10 A. I put the -- I typed in the information.11 Q. Okay. So you filled this out?12 A. Yes.13 Q. Okay. Were these bylaws ever amended in14 any way?15 A. Not to my knowledge.16 Q. They never changed?17 A. Not to my knowledge.18 Q. Okay. So these are the operative bylaws19 of the corporation as it stands today?20 A. Yes.21 Q. And they always have been?22 A. As far as I know, they're the only ones23 that exist.24 Q. Okay..25 MS. TRANEL: I'd like to mark this as

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1 Deposition Exhibit No. 4. It's 14 pages long.2 (Whereupon, Deposition Exhibit No. 4 was3 marked for identification.)4 Q. (By Ms. Tranel) Okay. Um, now, is it --5 Peter Koeck was the only director of the6 corporation?7 A. Yes.8 Q. Okay. And who nominated him to be the9 director?

10 A. (No response.)11 Q. Do you know?12 A. I was just looking here to see.13 Q. Outside of the documents, do you have14 independent knowledge about who nominated Peter15 Koeck?16 A. No.17 Q. Okay. Who drafted these resolutions?18 A. These resolutions were in the form. We19 just filled in the blanks.20 Q. Who filled in the blanks?21 A. I did.22 Q. And who signed it?23 A. The sole director and shareholder was24 Peter Koeck.25 Q. I'm looking at the resolutions adopted by

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1 the incorporator. Whose signature is that?2 A. Oh, that's mine -- Donald R. Bernard.3 MS. TRANEL: Okay. I'll -- I'll have4 this marked as a deposition exhibit number --5 whatever the next number is.6 COURT REPORTER: 5.7 MS. TRANEL: Okay.8 (Whereupon, Deposition Exhibit No. 59 was marked for identification.)

10 Q. (By Ms. Tranel) What was the purpose of11 incorporating S & C?12 A. The original purpose was to have a13 corporation to buy and sell surplus goods.14 Q. Surplus goods?15 A. Yes.16 Q. What is that?17 A. Peter wanted to purchase surplus goods18 that were related to hunting, primarily.19 Q. Guns?20 A. Clothing, tents. I don't think guns21 because he didn't have a license for that.22 Q. It -- it was a hunting corporation?23 A. No. Clothing, tents, all kinds of things24 related to camping and hunting.25 Q. Okay. So it was an outdoor recreational

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1 corporation?2 A. I suppose you could characterize it that3 way.4 Q. Okay. Did it have a mission statement?5 A. I don't believe so.6 Q. Was it involved in the community in any7 way?8 A. I don't believe so.9 Q. Did you -- when you -- when you, um, met

10 Peter and talked to him about, um, creating S & C11 Corporation, did you talk to him about your12 military background?13 A. I don't recall what we talked about.14 Q. Do you know if you talked to him about15 your military background?16 A. At some point, we probably discussed it.17 Q. Okay. And did you tell him that you18 could help him with military pursuits as part of19 the cop -- coop -- corporation?20 A. I don't know what you mean by "military21 pursuits."22 Q. Guns, hunting.23 A. Guns? No.24 Q. Okay. You didn't talk to him about guns?25 A. Helping him with guns in what way?

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1 Q. Did you talk to Peter about buying guns?2 A. No.3 Q. Okay. Did you talk to him about4 surplus --5 A. Tents --6 Q. -- guns --7 A. -- and --8 Q. -- ammunition, rifles, anything like9 that?

10 A. No.11 Q. You didn't talk to him about --12 A. No.13 Q. Okay. Who is a registered agent of14 S & C?15 A. I am.16 Q. What does S & C stand for?17 A. I don't recall what he was thinking when18 he came up with that name, except the first -- the19 "s," I believe, was "surplus." I -- I can't guess20 at it, I guess. I don't know what he was21 thinking.22 Q. "Surplus" and something?23 A. I don't know what it was.24 Q. Peter named it?25 A. Yes.

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1 Q. Okay. Okay. Um, did S & C open a bank2 account when it was created?3 A. Yes.4 Q. Where?5 A. Glacier Bank.6 Q. Where -- where is Glacier Bank?7 A. In Butte.8 Q. Okay. And who is -- who was listed on9 that bank account?

10 A. On the initial bank account when it was11 opened? I don't know.12 Q. Were you involved in any way with that?13 A. I don't recall initially being involved14 with that.15 Q.. Okay. When did you become involved with16 it?17 A. Sometime later. I don't recall. If you18 have anything there for me to look at, I'll be19 happy to look at it. I -- I don't recall offhand.20 Q. Okay. I'm asking you, um, from your21 memory, if you can testify from your own memory22 and knowledge.23 A. I don't recall.24 Q. Okay.25 A. We had then opened another account -- I'm

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1 looking at this -- with Rocky Mountain Bank.2 Q. Okay. And when was that opened?3 A. On June 2nd.4 Q. Of what year?5 A. '04.6 Q. Who opened it?7 A. Um, Peter Koeck.8 Q. Rocky Mountain Bank, where is9 that bank --

10 A. Whitehall.11 Q. -- located? Okay. And who had access to12 that bank account?13 A. Peter Koeck and myself.14 Q. And what's the account number on that?15 A. I don't see one on here. On the banking16 resolution, it doesn't have an account number --17 oh, wait, I'm sorry. There is an account number18 up here.19 Q. And what's the account number?20 A. 80032885.21 Q. What are -- could you read the last four22 digits of that account number again?23 A. The last four digits are 2885.24 Q. Okay. And what's the address given for25 the depositor? Who is a depositor listed right

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1 above the account number where you were just --2 where you were just reading? Who is it --3 A. S & C Corporation.4 Q. And what address is listed there?5 A. 6 Radar Creek Road, Whitehall, Montana6 59759.7 Q. Who lives at 6 Radar Creek Road?8 A. I don't know.9 MR. DONAT: That's my old address.

10 MS. TRANEL: Okay.11 Q. (By Ms. Tranel) Um, if you go down to12 the third paragraph there, where it starts out,13 "resolved," that paragraph says that: "The14 following named officers or employees of this15 corporation whose actual signatures are shown16 below" -- um -- "are designated" -- um -- "and17 they may be withdrawn on checks" -- "funds of this18 corporation may be withdrawn on checks bearing the19 following appropriate number of signatures any one20 of the following named officers or employees of21 this corporation. . ." Whose name is listed there?22 A. Peter Koeck.23 Q. And whose signature is that?24 A. Peter Koeck.25 Q. Okay. And how do you recognize his

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1 signature?2 A. I've seen it before. It looks like his3 signature.4 Q. Okay. You're familiar with his5 signature?6 A. I'm not an expert in handwriting at all,7 but it -- it appears to be his --8 Q. Okay.9 A. -- signature. I -- that's all I can tell

10 you.11 Q. Okay. And what's the date on this?12 A. June 2nd, 2004.13 Q. And -- and who signed that as a secretary14 or assistant secretary?15 A. Frank Heilig.16 Q. Okay.17 MS. TRANEL: I'll have this marked as18 Deposition Exhibit No. 6.19 (Whereupon, Deposition Exhibit No. 6 was20 marked for identification.)21 Q. (By Ms. Tranel) Do you know how much22 money was used to open that bank account?23 A. I don't recall offhand.24 Q. Okay. Okay. And I'm going to hand you25 some handwritten minutes of S & C Corporation. I

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1 believe you were looking at those in your book?2 A. Yes.3 Q. Whose hand -- whose handwriting is that?4 A. That's my handwriting.5 Q. So those are your minutes?6 A. Yes.7 Q. Okay. And --8 A. That -- well, they're -- Peter Koeck9 signed these.

10 Q. You drafted them?11 A. I wrote them out --12 Q. The --13 A. -- there at the -- there at the bank.14 Q. Okay. And what was the purpose of those15 meetings -- minutes?16 A. The secretary told me what to write.17 Q. Who was the secretary?18 A. I think it's Judy. I don't remember her19 last name offhand.20 Q. So -- the secretary of the bank?21 A. Well, she is a bank officer, I suppose.22 But she --23 Q. Okay.24 A. -- was there at the bank.25 Q. Okay.

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1 A. And she told me what they needed.2 Q. Why did you ask her what they needed?3 A. I didn't. She told me.4 Q. Why did you have that conversation with5 her?6 A. Because I was sitting in front of her and7 she said, "I need for you to write this out so8 that we can open the account."9 Q. Okay. So did you go into Rocky Mountain

10 to open the account?11 A. I was with Peter Koeck.12 Q. You went in together?13 A. Yes.14 Q. For the purpose of opening an account?15 A. Yes.16 Q.. For the corporation?17 A. Yes.18 Q. Was anybody else with you?19 A. Frank Heilig.20 Q. Okay. The three of you went in to open a21 bank account?22 A. Yes.23 Q. Okay. And you sat down with Judy?24 A. I believe that's when that -- I think25 that was her name -- the one that opened it.

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1 Q. Okay.. And she told you what she needed2 to open the account?3 A. Yes.4 Q. And you wrote this out?5 A. Yes.6 Q. And Peter signed it?7 A. Yes.8 Q. Did this all take place in the bank?9 A. Yes..

10 Q. Okay. And Peter signed it, and whose11 signature is that down there at the bottom?12 A. Frank Heilig.13 Q. As a secretary?14 A. Yes.15 Q. And you were there with them when they16 signed this?17 A. Yes.18 Q. Okay. And the purpose of this is what?19 A. What do you mean?20 Q. Is to open the account, right?21 A. That's what the -- the bank officer told22 us --23 Q. Okay.24 A. -- was needed to open the account.25 Q. Was there any money deposited when you

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1 opened this account?2 A. I believe so, but I don't -- I don't know3 what the amount was.4 Q. Okay. Whose money was it?5 A. That was Peter's --6 Q. Was it a check -- was it --7 A. -- Peter Koeck.8 Q. Okay. Okay. So Pete's money opened this9 account for S & C Corporation?

10 A. Yes.11 Q. Was it a check?12 A. I don't recall..13 Q. Okay. And you don't know how much it14 was?15 A. No.16 Q.. Okay.17 MS. TRANEL: I'll mark this as the next18 exhibit number.19 (Whereupon, Deposition Exhibit No. 7 was20 marked for identification.)21 Q. (By Ms. Tranel) Um, now, when was the22 Glacier Bank account opened?23 A. I don't know.24 Q. Okay. Um, on -- on the Rocky Mountain25 Bank account, you said that you and Pete had

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1 access to the account. Is that right?2 A. Yes.3 Q. On the corporate resolution, it lists4 only Pete as an author -- authorized signature on5 that account. Is that right?6 A. On this one that we were just looking7 at --8 Q. I'm looking at the --9 A. -- yes. Let's see.

10 Q. -- corporate banking resolution, which11 was marked as Exhibit 6, that has Peter Koeck as12 the only authorized signature --13 A. Yes.14 Q. -- on the account, doesn't it?15 A. Yes.16 Q. Okay. Are -- were -- did you have access17 to the account?18 A. At that moment, it doesn't appear that I19 did.20 Q. When did you get access to it?21 A. I don't know.22 Q. You don't know when you were added to the23 account?24 A. It was sometime after that date, I would25 assume.

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1 Q. How would -- was it in the corporate2 minutes?3 A. I haven't looked at the corporate minutes4 to see.5 Q. Would it be reflected somewhere in there6 -- was there some corporate action taken to add7 you to the account? Do you know --8 A. I don't --9 Q. -- to the best of your knowledge?

10 A. -- I don't know. I would assume, but I11 don't know. I can't say.12 Q. Okay. Did you sign something at the bank13 that added you to the account?14 A. I don't recall.15 Q. Okay. Would those records be at the16 bank?17 A. I'm sure the bank would have the records.18 Q. Okay. Can we get them?19 A. I can't control what's at the bank,20 but --21 Q. You have access to the records --22 A. -- you can talk to my attorney.23 Q. You have access to the records --24 A. I don't have access to the bank and its25 records, but you can ask my attorney --

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1 Q. Do you have access to S & C's records at2 Rocky Mountain Bank?3 A. Whether they would give them to me,4 I don't know. I assume they would -- I've never5 asked them for any records.6 Q. Okay. Were you compensated for7 incorporating S & C Corporation?8 A. I don't recall. It was a -- I don't9 recall.

10 Q. The Glacier Bank account, you testified11 was opened first. Is that correct?12 A. No. I don't know when it was opened.13 Q. Okay.14 A. I didn't open it.15 Q. You didn't open it?16 A. I don't recall opening it. I -- I was17 not on the account.18 Q. Okay. I'm handing you a document that19 I'd like you to look at.20 A. Okay.21 Q. In the upper left-hand corner, what does22 that say? Upper left-hand corner. What does that23 say?24 A. "Glacier Bank."25 Q. Okay. And what account number is listed

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1 there?2 A. This is "170017898."3 Q. Okay. And whose signature is down in the4 bottom left-hand corner?5 A. Donald R. Bernard.6 Q. Is that your signature?7 A. Yes --8 Q. Okay.9 A. -- but this was not -- this is not the

10 first opening of the account.11 Q. Okay. Were there two accounts at Glacier12 Bank?13 A. No.14 Q. There was only one?15 A. Yes.16 Q. Okay. What account is that one?17 A. I'm talking about -- this page was not18 the initial page. I know that.19 Q. Okay. Is that an account that was opened20 for S & C Corporation?21 A. Yes --22 MR. MEYER: Counsel, I object to you23 examining about this unless you make this part of24 the record because --25 Q. (By Ms. Tranel) You can answer the

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1 question. Was that account opened at Glacier2 Bank?3 A. I believe this is one that was opened at4 Glacier Bank.5 Q. (By Ms. Tranel) For S & C Corporation?6 A. Yes.7 Q. Were there other accounts at Glacier Bank8 for S & C Corporation?9 A. No.

10 Q. Whose names are listed on that account11 over on the right-hand side, on the bottom? Whose12 signatures are there --13 A. Are we going to mark this one now?14 Q. Answer the question. Whose signatures15 are there on the right-hand side?16 A. There are three signatures: Peter Koeck,17 Robert Donat, and Don R. Bernard.18 Q. Okay. Is that your signature?19 A. Yes, but it was placed there later.20 Q. You signed it later?21 A. This is the second or third version of22 this.23 Q.. What does that mean?24 A. The first one had Peter Koeck and Robert25 Donat on it. I'm looking at a document here -- I

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1 don't know which version it was.2 Q. Okay. When I asked you in -- in3 discovery to produce documents to me, you produced4 that. Is that an accurate document --5 A. This was not the first one. You were6 asking about the first one, now.7 Q. Are there additional documents?8 A. As I recall, there was one with just9 Peter Koeck and Robert Donat, and then this one --

10 Q. Where are those documents?11 A. I guess they're at the bank. But this --12 Q. Why haven't you produced them to me?13 A. We don't have them --14 Q. Okay --15 A. -- I don't have them.16 Q. -- why did you produce this to me?17 A. Because this is the only one I had. You18 asked me about the first one.19 Q. And you have access to the other ones --20 A. They're at the bank --21 Q. -- and you didn't produce them to me?22 A. I don't know --23 Q. Okay..24 A. -- if they're even there. But this is a25 final version, yes.

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1 Q. Okay.2 MS. TRANEL: I'll mark that as Deposition3 Exhibit No. 8 -- or the next -- the next number --4 COURT REPORTER: Eight.5 MS. TRANEL: Okay.6 (Whereupon, Deposition Exhibit No. 87 was marked for identification.)8 Q. (By Ms. Tranel) Now, I want to be clear,9 Don: Is it your testimony that there are previous

10 documents?11 A. There were -- there's an original, and12 then I believe the bank asked us to sign it again.13 And that's when this -- the final version was put14 on.15 Q. Why did the bank ask you to sign them16 again?17 A. Because we wanted all three names on it,18 I believe, and the first two, for some reason,19 they only had two on -- I believe this was the20 instrument that only had two names on it.21 Q. And you wanted to add your name?22 A. I don't remember the circumstances. All23 -- all I'm saying is, you were asking about the24 first one that was signed, but this is the one25 that they placed on file.

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1 Q. When was your name added to it?2 A. I don't know, but it was about that time.3 Q. Okay.4 A. Yeah.5 Q. I'd like you to produce to me the6 previous versions --7 A. Well, I don't have the --8 Q. -- which I requested in discovery.9 A. And I don't have it.

10 Q. Okay. The bank has them, and you have11 that one. So I'd like you to --12 A. I'm not sure if the --13 Q. -- produce those to me.14 A. -- I'm not sure if the bank has it or15 not. They may have given us the same one back and16 I may have signed --17 Q. Okay.18 A. -- the same one.19 Q. So this may be the only existing doc --20 A. Yes.21 Q. -- document?22 A. Yes.23 Q. Okay. So you added your signature at a24 later date --25 A. I believe that's what happened.

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1 Q. Okay.2 A. Yeah.3 Q. Was there a corporate -- corporate4 resolution that authorized you to add your5 signature to that bank account?6 A. I don't recall. It must -- if it's in7 the minutes, it would be in the minute book here.8 Q. If it -- if there was a corporate9 resolution -- a corporate action was taken, would

10 it be reflected in the minutes?11 A. I don't know.12 Q. Who directed you to add your name to the13 bank account?14 A. Peter Do -- no, Peter Koeck.15 Q. Okay. When that bank account was opened,16 how much money was used to open it?17 A. The initial funding according to the18 minutes here was $1,100,000.19 Q. And whose funds were those?20 A. Peter Koeck.21 Q. His personal funds?22 A. To my knowledge, yes.23 Q. And how was that money deposited?24 A. It was deposited through a wire, as I25 recall.

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1 Q. And where did the wire come from?2 A. I don't recall.3 Q. What was your role in S & C from the4 beginning of the corporation?5 A. I was assistant secretary and then6 secretary for most of the time.7 Q. Who elected you as assistant secretary?8 A. Peter Koeck was the sole member of the9 board. He did.

10 Q. And then who elected you as secretary?11 A. The members of the board never changed.12 It was always Peter Koeck.13 Q. Are you licensed to practice law in14 Montana?15 A. No.16 Q. Did you act as an attorney for S & C17 Corporation?18 A. Never.19 Q. Did you ever tell anyone you were act --20 acting as an attorney for S & C --21 A. Never.22 Q. -- Corporation? You never represented23 that you were --24 A. No, I haven't practiced --25 Q. -- the attorney for the corporation?

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1 A. -- I don't practice law.2 Q. Okay. Did you ever tell Boyd Taylor that3 you were an attorney for S & C Corporation?4 A. No.5 Q. Did you ever tell Jake Adams that you6 were an attorney --7 A. No.8 Q. -- for S & C Corporation? What bank9 accounts do you currently have authority over for

10 S & C?11 A. Rocky Mountain Bank.12 Q. What happened to the Glacier Bank13 account?14 A. Closed.15 Q. Who closed it?16 A. I did.17 Q. When?18 A. I don't re -- remember the exact date,19 but it must have been the end of 2006 or early20 2007.21 Q. And how much money was left in it when22 you closed it?23 A. A few hundred dollars.24 Q. What did you do with it?25 A. I put it in Rocky Mountain Bank.

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1 Q. Okay. Who maintains the corporate2 records for S & C?3 A. The corporate records? What do you mean4 by that?5 Q. Who maintains the minutes?6 A. I do.7 Q. Okay. And who maintains the status with8 the secretary of state?9 A. I do.

10 Q. Okay. Did you make that filing this11 year?12 A. Yes.13 Q. And how did you pay for it?14 A. I paid for it personally.15 Q. With a credit card?16 A. Yes.17 Q. Your own personal credit card?18 A. Yes.19 Q. Okay. And will you be reimbursed from20 the corporation?21 A. I haven't even thought about it. It was22 only $15.23 Q. Okay. So you paid for corporate expenses24 out of your own personal accounts?25 A. Yes.

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1 Q. Okay. How often do you hold corporate2 meetings?3 A. Once a year, except when we have special4 meetings.5 Q. Who calls the special meetings?6 A. It would be Peter Koeck.7 Q. Have you ever called a special meeting?8 A. I don't call meetings. Peter Koeck does.9 Q. Have you ever called a meeting?

10 A. Not as I recall.11 Q. So every meeting that the corporation has12 ever held has been called by Ke -- Peter Koeck?13 A. Yes.14 Q. All right. How does he contact you to15 have a meeting?16 A. He calls me or -- well, typically, he'll17 call me.18 Q. Does he have his attorney call you?19 A. No.20 Q. Okay. So he can call you directly from21 his phone?22 A. Yes.23 Q. Okay. But you can't call him?24 A. That's correct.25 Q. Who are the current members of S & C

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1 Corporation?2 A. We don't have members.3 Q. Who are the current shareholders?4 A. We have Peter Koeck; I have one share --5 there's one that was prepared for Robert Donat,6 but never delivered. I don't know the status of7 that.8 Q. Okay. Can you be -- can you participate9 in S & C Corporation and not be a shareholder?

10 A. What do you mean "participate"?11 Q. Well, you don't have members. Is there a12 way to be involved in the corporation without13 being a shareholder?14 A. Well, I -- I don't know what you mean.15 You mean employee?16 Q. Well, if you're the -- you were the17 secretary, weren't you?18 A. Yes.19 Q. Okay. And were you a shareholder the20 entire time you were a -- the secretary?21 A. I don't remember when we issued that22 share, but I -- I don't know what you mean by23 "involved."24 Q. Who takes the minutes for the meetings?25 A. I do.

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1 Q. Okay. How do you do that?2 A. I write.3 Q. And where are those notes?4 A. I don't have any notes.5 Q. Okay.. When you have meetings, you take6 the minutes in handwriting?7 A. That's right, in handwriting.8 Q. And where are those notes kept?9 A. I don't keep notes --

10 Q. Where is that -- where is that11 handwriting kept?12 A. There are none. They're here. They're13 printed.14 Q. Okay. Do you translate your written15 notes to a printed document?16 A. Yes.17 Q. Okay. And what do you do with the18 handwritten notes?19 A. I toss them.20 Q. Okay. You destroy them?21 A. Yes.22 Q. Okay. How do you translate them to the23 written minutes?24 A. I go to any available computer and type25 them.

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1 Q. Okay. On your own laptops at home?2 A. No.3 Q. Where do you do it?4 A. Where we are -- wherever we happen to be.5 Q. Okay. And you type them up?6 A. Yes.7 Q. Okay. And then do you save them?8 A. I give them to Pete to sign.9 Q. You print them out?

10 A. Or either -- oh, yeah -- no, I don't save11 them; I print them.12 Q. Okay.. Do you save them --13 A. Because it could be public computers in14 hotels --15 Q. Mm-hmm.16 A. -- things like that.17 Q. And you don't save them on the computer?18 A.. No.19 Q. Okay. You print them out?20 A. Print them out and we sign them.21 Q. Do you take the minutes at -- right -- as22 soon as the meeting's taking place?23 A. I write as we're talking. Is that what24 you mean -- contemporaneously? Yes,25 contemporaneously.

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1 Q. Okay. And then when do you write the2 meet -- minutes up in -- in typewriting?3 A. Normally, right afterwards.4 Q. Okay. And Pete signs them?5 A. Yes.6 Q. While you're together?7 A. Typically.8 Q. Okay. Who are the voting members of9 S & C Corporation?

10 A. The voting members. You mean11 shareholders? Who --12 Q. Who votes in the elections?13 A. Peter -- are we talking about14 shareholders or directors?15 Q. I'm talking about who can vote to elect16 somebody to a director. Do you know?17 A. Peter and myself.18 Q. Okay. And who are the other people who19 have anything to do with S & C Corporation?20 A. Well, there are no other voters21 because -- unless you consider Donat a22 shareholder, which I -- I don't -- I can't give23 you an opinion about that because I --24 Q. I'm not asking for your opinion about25 that; I'm asking you to tell me who else has

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1 anything to do whatsoever with S & C2 Corporation --3 A.. Well, that is --4 Q. -- in any way.5 A. -- so broad, I -- I can't even imagine6 what you're talking about.7 Q. Okay.8 A. Could you be really definite?9 Q. Who was involved with S & C Corporation?

10 A. Your client, and I don't know who else11 with him. I don't have any idea who he has with12 him. Are -- are you talking about now or last13 year or 2004 --14 Q. I'm talking about today.15 A. Today. The two shareholders I know16 about, the two officers --17 Q. Who are they?18 A. -- Peter Koeck and myself.19 Q. Okay. And you're the shareholders as20 well. Is that right?21 A. Yes.22 Q. Okay.23 A. And there's no one else that I could24 think of.25 Q. Is there anybody else who has any

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1 relationship whatsoever with S & C?2 A. Not that I know of.3 Q. Okay. What is a share in the corporation4 worth?5 A. Which corporation?6 Q. S & C Corporation.7 A. Today?8 Q. Yes.9 A. If you'll provide me -- or have your

10 client provide me with information -- I have no11 information to put a value on it.12 Q. You -- you testified that there are two13 shareholders in S & C Corporation?14 A. Yes.15 Q. You and Peter Koeck?16 A. Yes.17 Q. Do you know the value of a share --18 A. No.19 Q. -- in S & C Corporation?20 A. No.21 Q. How many shares do you own?22 A. One.23 Q. How many shares does Peter Koeck own?24 A. 1,000.25 Q. How many other shares are there in S & C

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1 Corporation?2 A.. What -- what do you mean?3 Q. You incorporated S & C Corporation?4 A. Um, in the incorporation, it says it's5 authorized to issue 10,000 shares.6 Q. Okay. So S & C Corporation has 10,0007 shares?8 A. I'm looking at your exhibit -- see9 which -- here it is -- Exhibit 3. 10,000 shares.

10 Q. Okay. And you own one and Peter Koeck11 owes -- owns 1,000. Who owns the remaining12 shares?13 A. No one.14 Q. And --15 A. They're unissued.16 Q. And do you know the value of the shares?17 A. No.18 Q. Okay.19 A. Okay. Why don't we take a break.20 Q. We can take a short break, if you'd like21 to.22 A. It's an hour -- five minutes.23 VIDEOGRAPHER: Off the record at24 2:19 p.m.25 (Whereupon, the deposition was in recess

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1 at 2:19 p.m., and subsequently2 reconvened at 2:25 p.m., and the3 following proceedings were had and4 entered of record:)5 VIDEOGRAPHER: Back on the record at6 2:25 p.m.7 Q. (By Ms. Tranel) Okay. You have your8 corporate, um, book with you?9 A. Yes.

10 Q. Do you have a copy of a March 30th, 200411 waiver of the notice of first meeting of the board12 of directors of S & C Corporation?13 A. Yes, I have that. And to clarify one14 thing on the purpose, I told you about S & C --15 what we first discussed. Ultimately, of course,16 the purpose of the corporation for -- was real17 estate development. I don't know if you18 understood that or not.19 Q. You didn't --20 A. From surplus -- originally what we21 discussed. But then it became a real estate22 operation.23 Q. Okay. Um, on the answers that you24 provided to me in discovery, on the page after25 that -- or behind that, there's a letter. What

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1 does that letter say?2 A. "I offer to purchase 1,000" -- "I the3 undersigned hereby offer to purchase 1,000 shares4 of common stock of the corporation at a total5 price of $1,000."6 Q. And who signed that?7 A. Peter Koeck.8 Q. Okay. So, was the value a dollar a9 share?

10 A. At that point, yes.11 Q. Okay. Do you know how Pete paid for12 those shares?13 A. I don't recall.14 Q. Okay. Did -- do you know if he deposited15 money into one of the corporation's bank accounts?16 A. I don't recall where he deposited it.17 Q. You don't know?18 A. I don't recall where it was deposited.19 Q. Okay. Do you have a power of attorney20 for anyone in the corporation?21 A. For anyone in the corporation? I don't22 have a corporate power of attorney.23 Q. Do you have a power of attorney from24 anyone in the corporation?25 A. Are you asking -- a -- a personal power

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1 of attorney?2 Q. Any power of attorney.3 A. I have a power of attorney for Peter4 Koeck.5 Q. Okay. When did he give you that power of6 attorney?7 A. I don't recall.8 Q. Okay. Does it authorize you to do9 corporate business on behalf of Peter Koeck?

10 A. I -- I don't recall. I don't -- I don't11 have it with me to look at. And I -- do you have12 one I can look at it -- if you have one, I'll look13 at it.14 Q.. You signed -- you signed one of these15 documents as Bernard -- Don Bernard as POA for16 Peter Koeck, didn't you?17 A. Let me see it.18 Q. The -- it's Exhibit No. 2, right there on19 the bottom.20 A. Oh, okay. Yes.21 Q. Okay..22 A. Yes.23 Q. Do you have a power of attorney for Peter24 Koeck?25 A. I have a power of attorney from Peter

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1 Koeck, yes.2 Q. Do you have a copy of it with you?3 A. No.4 Q. Okay. And does that authorize you to5 conduct corporate business on his behalf?6 A. I'm -- if I signed that, I'm sure it7 covers it.8 Q. Okay. Has that ever been revoked?9 A. Never.

10 Q. Has it ever been recorded?11 A. Yes.12 Q. Where?13 A. Jefferson County records --14 Q. When was it --15 A. -- with the recorder.16 Q. -- recorded?17 A. Prior to the time that he left the U.S.18 Q. And that was -- that was recorded in19 Jefferson County?20 A. Yes.21 Q. Okay. Does anyone else in S & C have22 power of attorney for any other member?23 A. I saw one that you attached to your24 amended complaint.25 Q. Who was that from?

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1 A. Do you have the amended complaint? I --2 I believe it was from Peter Koeck.3 Q. To whom?4 A. To Do -- Robert Donat.5 Q. Okay.6 A. But the --7 Q. Does anyone else --8 A. I've never seen that before. But it's in9 your complaint.

10 Q. Does anyone else in S & C have a power of11 attorney from anyone else?12 A. I'm not aware of any.13 Q. Have you ever given a power of attorney14 to Peter Koeck?15 A. I don't recall. I don't recall if I16 have.17 Q. Okay. Do you know Bob Donat?18 A. Yes.19 Q. How do you know him?20 A. He came to work for S & C Corporation.21 Q. When did he come to work for S & C?22 A. In 2004, as I recall.23 Q. Who hired him?24 A. Peter Koeck.25 Q. To do what?

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1 A. To, um, find some property and develop2 it.3 Q. Okay. Was there a corporate action taken4 that authorized that --5 A. Yes, there's some minutes that --6 Q. -- hire?7 A. -- refer to that.8 Q. Okay. Did you involve -- were you9 involved in the hiring of Bob Donat?

10 A. No. Pete worked directly with him.11 Q. Were you involved in it in any way?12 A. In hiring him --13 Q. Yes.14 A. -- is that what your question is? What15 is your question?16 Q. Were you involved in hiring Bob Donat?17 A. I did not hire him and I wasn't told to18 hire him.19 Q. Okay. Did you participate in the hiring20 of Bob Donat in any way?21 A. Regarding his compensation, I think we22 put that in the minutes, if you want to go to23 that.24 Q. Did you authorize his compensation?25 A. I didn't have any authorization to

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1 authorize his compensation.2 Q. Did you make a recommendation about what3 his compensation should be?4 A. No.5 Q. Okay. Do you know if he was paid health6 insurance?7 A. I don't recall that, no.8 Q. Who, um -- was -- was Bob authorized to9 set up accounts for S & C Corporation?

10 A. Whatever the minutes authorized is what11 he's authorized to do.. Are you looking at a12 particular set of minutes regarding Bob Donat --13 Q. I'm asking you if you know from your14 personal knowledge.15 A. I'm looking at the minutes of June 7,16 2004, where it sets out what he's -- what the17 officers are supposed to do and authorized to do.18 Q. And what does that say he was authorized19 to do?20 A. It says: "The person who's elected to21 the offices that" -- "opposite his name to assume22 the duties and responsibilities fixed by the23 bylaws by the undersigned as the sole director of24 the corporation."25 Q. And what does it say underneath that?

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1 A. "Construction supervisor, Bob Donat;2 assistant secretary, Donald R. Bernard."3 Q. Okay.4 A. And then it says: "Resolve that the5 president enter into an employment agreement with6 Don -- Robert -- or Bob Donat, which is mutually7 agreeable."8 Q. Okay. What does it say after that?9 A. There's two resolutions.

10 Q. What -- what was -- the next resolution11 say?12 A.. "Resolve that the president retain13 services of Boyd Taylor, CPA on a mutually14 agreeable fee basis."15 Q. Okay.16 MS. TRANEL: I'd like to mark this as an17 exhibit. And I don't have an extra copy, so I'll18 have to make --19 A.. You want to make --20 Q. Yeah. You know, I'm going to actually21 want to make a copy of all of your stuff, so if22 you want to go off the record and take a short23 break to do that, that might be the most24 productive way to proceed here.25 VIDEOGRAPHER: We're off --

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1 A. Okay.2 VIDEOGRAPHER: -- the record at 2:35 p.m.3 (Whereupon, a short break was taken.)4 VIDEOGRAPHER: Back on the record at5 2:39 p.m.6 A. Let me clarify one thing: On the hiring7 you're talking about, the negotiations and all,8 Pete was involved in that. I signed the letter9 agreement with Robert Donat, but I didn't

10 negotiate with him -- the hiring. I was directed11 to do that by the president.12 Q. (By Ms. Tranel) Don, are these meet --13 minutes in order?14 A. Um, I thought they were.15 Q. I'm looking for a copy of that one that I16 think we should have just had copied to make as an17 exhibit.18 A. Let me look back.19 Q. No, it's a March -- it was a March 30th,20 2004 meeting. But it's not in my stack of copied21 documents.22 A. Okay. Wait a minute. What -- what date23 are you looking for?24 Q. The March 30th, 2004, where it was25 resolved that Bob Donat would be hired as a

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1 construction supervisor. Where is that document?2 A. We just had it here.3 Q. Yeah. And we should have -- it should4 have been photocopied, but it's not in this stack5 that we just had photocopied.6 A. March -- March 30th, 2006? Is that --7 Q. It's not --8 A. -- no, you mean 2000 -- oh.9 Q. March 30th of 2004 -- I -- no -- when was

10 that -- those res -- those resolutions that we11 were just reading from? And I thought we just12 handed it to be copied, and I don't see it in this13 stack right here. So, I'd like to make that as a14 deposition exhibit.15 (Whereupon, Deposition Exhibit No. 916 was marked for identification.)17 A. March 30, 2004.18 Q. (By Ms. Tranel) And that has the19 resolution, but -- okay.20 A. What's that?21 Q. This isn't the one you were just reading22 from. The one you were just reading from was the23 one that said that it was resolved that Bob Donat24 would be hired as the construction supervisor --25 A. Okay --

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1 Q. -- and that's not here.2 A. -- it must be --3 Q. Here it is, right here.4 A. Okay.5 Q. This is what I want to have copied. But6 for some reason, that's not -- you handed this7 whole stack, right?8 A. Yeah.9 Q. It should be in here.

10 VIDEOGRAPHER: Off the record at11 2:42 p.m.12 (Whereupon, a short break was taken.)13 VIDEOGRAPHER: We're back on the record14 at 2:43 p.m.15 Q. (By Ms. Tranel) Why was Bob hired by16 S & C Corporation?17 A. He was hired to assist in acquiring18 property to develop into a subdivision.19 Q. Okay. And the S & C Corporation minutes20 show that he was, um, hired on June 7th of 2004.21 Is that right?22 A. The --23 MS. TRANEL: I want to make that a24 deposition exhibit.25 (Whereupon, Deposition Exhibit No. 10

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1 was marked for identification.)2 A. June 7th? It says: "The employment3 agreement should be entered into" --4 Q. Okay.5 A. Yeah.6 Q. And do you have a copy of that employment7 agreement?8 A. No. I think that was in your complaint.9 It was attached. I -- I don't have one here, but

10 you have --11 Q. Is there a copy of the employment12 agreement in the corporate minutes?13 A. No.14 Q. Okay. Who drafted that employment15 agreement?16 A. It was a letter drafted by me.17 Q. You drafted it?18 A.. Um, I -- let me back up a minute. If we19 have it somewhere, I -- I'd like to look at it.20 I'm not sure that's what Robert Donat gave me to21 sign or whether I prepared it or someone else. I22 might be able to tell from looking at it.23 Q. Okay. I'm handing you a document that's24 -- it says it's a profit-sharing agreement. Is25 that the employment agreement that S & C entered

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1 into with Bob Donat?2 A. No.3 Q. Okay. What is that agreement?4 A. It's one signed by Robert Donat to Robert5 Donat.6 Q. And what is it?7 A. It's a profit-sharing agreement.8 Q. Okay. And what does it accomplish?9 MR. MEYER: Objection: Calls for a

10 conclusion --11 Q. (By Ms. Tranel) You can answer.12 A. I -- I don't know what it is --13 Q. (By Ms. Tranel) You --14 A. -- except what it says.15 Q.. Okay. Have you ever seen that document16 before?17 A. I saw it in your complaint the first18 time.19 Q. Okay. And is that the first time you20 ever saw it?21 A. Yes.22 Q. Okay.23 MS. TRANEL: I'll mark that as Deposition24 Exhibit No. 11.25 (Whereupon, Deposition Exhibit No. 11 was

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1 marked for identification.)2 Q. (By Ms. Tranel) What are these documents3 here? They're from your book.4 A. Yeah. Okay. They're the same ones from5 the corporate book. And can we make copies of6 these?7 Q. We'll make copies of them. Can you tell8 me what they are?9 A. They're stock certificates and -- they --

10 recorded page re -- as Stock Certificate 1, 2, and11 3.12 Q. Okay. And who -- on the first stock13 certificate, whose name is on that certificate?14 A. Peter Koeck.15 Q. And how many shares of stock does that16 issue to him?17 A. 1,000.18 Q. Okay. And on the second stock19 certificate, whose name is on that?20 A. Bob Donat.21 Q. And how many shares does that issue to22 him?23 A. One.24 Q. And on the third, whose name is on that?25 A. Don Bernard.

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1 Q. And how many shares are issued to him?2 A. One.3 Q. Whose handwriting is that on those --4 A. On --5 Q. -- on the second --6 A. -- which one?7 Q. -- on the second page?8 A. On the second page?9 Q. Yeah.

10 A. The printed --11 Q. Yes.12 A. -- is -- that's not handwriting, but I13 printed that.14 Q. That's yours? Okay. And whose signature15 is on the first page of that?16 A. Peter Koeck and Frank Heilig.17 Q. Okay. Can I make copies of those six18 documents and have --19 A. You want --20 Q. Yes.21 VIDEOGRAPHER: Off the record at22 2:48 p.m.23 (Whereupon, a short break was taken.)24 VIDEOGRAPHER: Back on the record at25 2:49 p.m.

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1 Q. (By Ms. Tranel) Don, these will be2 marked as Deposition Exhibit No. 12. And if you3 look at those, Don, what is the date of the4 certificates to you and to Bob?5 A. May 2nd, 2005.6 (Whereupon, Deposition Exhibit No. 127 was marked for identification.)8 Q. (By Ms. Tranel) Okay. I'm handing you a9 typed letter from Peter Koeck to you.

10 A. Mm-hmm. Yes.11 Q. Can you read that letter?12 A. "Dear Don,13 "Pursuant to my conversation with Bob14 Donat regarding ownership in S & C Corporation, I15 authorize you to issue one share of stock in that16 corporation to Bob and one share of stock to17 yourself, by signing my name on this certificate18 as president, in accordance with your power under19 the Power of Attorney I previously granted to20 you."21 Q. And is it -- whose signature is that?22 A. Peter Koeck.23 Q. Okay.24 MS. TRANEL: I'll mark that as the next25 deposition exhibit.

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1 (Whereupon, Deposition Exhibit No. 13 was2 marked for identification.)3 Q. (By Ms.. Tranel) Okay. So -- now, Bob4 was hired, um, to do construction for S & C5 Corporation. Is that right?6 A. Yes.7 Q. Okay. And what else was he hired to do?8 A. He was authorized to find property to9 develop.

10 Q. Okay. And did he do that?11 A. Yes, he found the property.12 Q. What property did he find?13 A. The section that was made a subdivision14 west of Whitehall and north of Interstate 90.15 Q. Okay. Did he purchase property for S & C16 Corporation?17 A. S & C purchased it, yes.18 Q. How did S & C pay for it?19 A. From the S & C Glacier account --20 Q. Who --21 A. -- bank account.22 Q. -- who signed the check?23 A. I don't recall.24 Q. Did you?25 A. I -- I just don't recall who signed the

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1 check, but it was paid for by -- through the2 Glacier account.3 Q. Okay. Was that -- that was a check, so4 that came directly out of the bank account. Um,5 who -- who was that purchased from, do you know?6 A. I don't remember her name. It was an7 attorney, I believe.8 Q. Okay. Um, and what was Bob's job? What9 was he supposed to do with that?

10 A. With the property?11 Q. Yes.12 A. He was supposed to, um, obtain a -- a13 subdivision, um, plat for it, have it surveyed,14 and then submit it for approval to the county.15 Q. Did he do that?16 A. As far as I know, he did.17 Q. Okay. Um, and then was -- what else --18 what was Bob supposed to do after that?19 A. He was supposed to construct the roads20 and put in the underground.21 Q. Did he do that?22 A. As far as I know, he did.23 Q. Okay. Did you oversee his work?24 A.. No.25 Q. Did you go out to the land and look at

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1 what was happening?2 A. I was out there, um, no more than once or3 twice. I don't -- I don't think I was out there4 any more than that.5 Q. Okay.6 A. It was his responsibility, and he and7 Pete had worked that out.8 Q. Who did Bob report to?9 A. Pete.

10 Q. Who -- was -- was Bob authorized to sign11 checks for S & C Corporation?12 A. Yes.13 Q. And did he do that -- do you know?14 A. Yes.15 Q. Out of which bank account?16 A. Glacier.17 Q. Okay. Was he authorized to sign on the18 Rocky Mountain Bank account?19 A. No.20 Q. Ever?21 A. Never.22 Q. Okay. How was Bob compensated?23 A. The -- the agreement -- letter of24 agreement that I referred to that I don't have a25 copy of here -- you may -- authorized him to

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1 receive a percentage of the net profit from the2 subdivision.3 Q. Okay. So there was a profit-sharing4 agreement?5 A. Yes.6 Q. Okay. In addition to that, did Bob have7 any kind of a monthly or an annual salary?8 A. Not to my knowledge.9 Q. Okay. So the only compensation he got

10 from the corporation that you know of was a11 profit-sharing agreement?12 A. Yes.13 Q. Okay. Can you look at that Deposition14 Exhibit No. 11? And this profit-sharing15 agreement, which has been marked as Exhibit16 No. 11, you've testified you've never seen before?17 A. That's right.18 Q. Okay.19 A. This is dated in 2006. I'm not aware of20 any -- being authorized in 2006.21 Q. Is there a separate profit-sharing22 agreement somewhere?23 A. Yes.24 Q. Where?25 A. I don't -- I don't know where it is right

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1 now, but --2 Q. Who knows?3 A. Pardon?4 Q. Who knows?5 A. Nobody's asked for it, and we'd have to6 look for it, I guess.7 Q. Is it in the corporate books?8 A. I don't see it in the corporate book.9 Q. Okay. But it exists?

10 A. Yes.11 Q. Do you know where it is?12 A. I think I can get a copy of it.13 Q. Okay. When can you get me a copy of it?14 MR. MEYER: It's already been produced in15 discovery.16 MS. TRANEL: Where is it?17 Q. (By Ms. Tranel) I want a copy of it.18 Can you get me a copy of it?19 A. Well --20 MR. MEYER: It's already been produced.21 A. I gave --22 Q. (By Ms. Tranel) I'm asking for a copy of23 the --24 A. I gave it to my attorney.25 Q. If there's another copy -- if there's

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1 another profit-sharing agreement separate from2 this one and you have it, I want a copy of it.3 A. Okay. I gave it to my attorney and I --4 Q. Okay.5 A. -- pres --6 Q. And you'll produce another copy to me?7 A. I don't have another copy; my attorney8 has it --9 Q. Okay.

10 A. -- any -- I don't have any other copies.11 Q. Okay. And there's nothing above and12 beyond what you've produced in discovery --13 A. No.14 Q. -- is that your testimony?15 A. That -- that's correct.16 Q. Okay. You've produced to me everything17 that exists in the corporation -- corporation's18 records?19 A. That's it.20 Q. All of the profit-sharing agreements that21 exist have been produced to me?22 A. If that was in what was produced to you,23 that's what I intended to produce, and it should24 be there.25 Q. Okay. Okay. We'll leave that here. Who

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1 kept track of the money that Bob was spending on2 behalf of S & C to develop the subdivision?3 A. Bob Donat.4 Q. Did anybody else?5 A. Not to my knowledge.6 Q. Did you?7 A. No..8 Q. Okay. Um, did -- you -- you testified9 that S & C had an accountant. Is that right?

10 A. Yes.11 Q. And -- and who was that?12 A. Boyd.13 Q. Boyd Taylor?14 A. Yes.15 Q. Who hired him?16 A. Peter Koeck and I, and perhaps -- I -- I17 believe Bob Donat was there. I'm not sure if he18 was there on the initial meeting.19 Q. Have you asked for S & C records from20 Boyd Taylor?21 A. Yes.22 Q. Has he produced them to you?23 A. Tax returns, I believe, are the only24 things that he had. The rest of the returns, Bob25 Donat has -- I mean, the best -- the rest of the

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1 records, Bob Donat has.2 Q. Okay.3 A. We -- we requested some months ago the4 accounting.5 Q. Boyd Taylor repre -- he pro -- he6 produced to you the records that he had?7 A. He produced them at that time, but we've8 not gotten them from Robert Donat.9 Q. Okay. Um, so do you have a copy of

10 S & C's tax returns?11 A. Boyd Taylor gave us copies of the tax12 returns.13 Q. For what years?14 A. All that were required to be filed, I --15 I believe, he gave to us. I don't recall. I16 don't have them here.17 Q. Did you review them?18 A. I saw them; I -- I didn't review them in19 detail because I'm not an accountant.20 Q. Okay. Did S & C own -- own any other21 property than that one section?22 A. No.23 Q. Okay. In Argentina?24 A. No.25 Q. That was all owned by Sol Pico?

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1 A. Yes.2 Q. Okay. Were any of the funds that were3 used to purchase that money, did they come from4 S & C?5 A. No.6 Q. Do you have any interest in S & C's7 property?8 A. What property?9 Q. The --

10 A. S -- S & C property?11 Q. Mm-hmm.12 A. Individually? Is that what you're13 asking?14 Q. Yes.15 A. No.16 Q. Okay. Do you have your discovery17 responses with you today?18 A. No, I don't have them with me.19 Q. Okay. Okay. In your, um, responses to20 requests for admissions, you were asked to admit21 that S & C accepted money transmitted from Bob22 Donat for the loss in the subdivision?23 A. Can I look at that?24 Q. Yes. I'm looking at --25 A. Which one are we talking about?

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1 Q. This one right here. And you can look at2 that if you don't have it with you.3 A. What is your question?4 Q. Do you remember giving that answer to5 that question?6 A. Yes.7 Q. Okay. Was S & C Corporation paid for8 lots that were sold out of the subdivision that9 was developed by Bob Donat?

10 A. Which -- which lots? These lots?11 Q. For any of the lots that were --12 A. "Describe in A and B" -- this one -- is13 -- did you supplement this?14 Q. Okay. I'm going to hand you what we'll15 mark as the next deposition exhibit.16 A. Okay.17 Q. (By Ms. Tranel) Do you recognize what18 that document is?19 A. No.20 Q. Okay. Is that a description of the21 development that S & C engaged in?22 A. It appears to be --23 Q. Okay.24 A. -- a description.25 Q. Okay. And are those all of the lots that

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1 were developed -- do you -- do you know?2 A. I -- I don't know.3 Q. Okay.4 A. But your question, I can't answer, other5 than as we have answered -- is that what you're6 asking me?7 Q. I'm -- I -- I'm -- I'm -- are you8 familiar with the lots in S & C subdivision?9 A. I'm familiar with them.

10 Q.. Okay. Do you know where they are?11 A. I couldn't drive to them, no.12 Q. Okay. Do you know who has purchased lots13 in the subdivision?14 A. I have some names of some buyers that15 have purchased.16 Q. Do you know which lots have been sold?17 A. No, I -- I -- without reviewing the18 records, I -- I couldn't tell you.19 Q. You don't know?20 A. Not off --21 Q. Okay.22 A. -- not just now, no.23 Q. Okay. Was S & C paid for the lots that24 were sold?25 A. I'm not seeing any record of who paid

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1 what for any lot.2 Q. Do you --3 A. We haven't received an accounting.4 Q. Do you know?5 A. No.6 Q. Okay.7 MS. TRANEL: We'll mark this as the next8 deposition exhibit.9 (Whereupon, Deposition Exhibit No. 14 was

10 marked for identification.)11 Q. (By Ms. Tranel) Did Peter ever receive12 any accounting or discuss any offers that you know13 of?14 A. About -- of what?15 Q. The -- the lots?16 A. Any of the lots?17 Q. Yes..18 A. I don't know.19 Q. You don't know?20 A. I don't know.21 Q. Okay. Did, um, S & C Corporation enter22 into a buy-sell agreement with Bob Donat for the23 purchase of any of the lots?24 A. There was one that you attached to your25 complaint that I was not aware of. That's the

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1 only one I know about.2 Q. You had never seen that document before?3 A. That's correct.4 Q. Okay. Do you know which lot it was that5 was the subject of that buy-sell agreement?6 A. It was the one where the Quonset hut is.7 Q. Can you describe -- can you -- base --8 from your knowledge, can you show me on this --9 A. No.

10 Q. -- exhibit where that is?11 A. No.12 Q. Okay. Are you contesting Bob's purchase13 of that lot --14 A. I think that's a --15 Q. -- in this litigation?16 A. -- conclusion I -- I'm really not17 qualified to answer.18 Q. Do you know?19 A. Do I know what?20 Q. Whether or not you're contesting Bob's21 purchase of his --22 A. In -- in this lawsuit?23 Q. -- of his lot, pursuant to the buy-sell24 agreement that he entered into with the25 corporation?

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1 MR. MEYER: Objection: Attorney-client2 privilege. I'm going to instruct you not to3 answer that.4 MS. TRANEL: He's a defendant in this5 lawsuit. I'm asking him if he contests the6 purchase of that agreement. I want to know, and7 I'm entitled to know --8 MR. MEYER: No -- no --9 MS. TRANEL: -- what his position is in

10 this lawsuit as a defendant.11 MR. MEYER: And the objection stands.12 Q. (By Ms. Tranel) I'm asking you to answer13 the question.14 A. I --15 MR. MEYER: Don't answer.16 Q. (By Ms. Tranel) Are you refusing to17 answer?18 A. Yes.19 Q. Are you re -- are you refusing to answer20 on advice of your counsel?21 A. Yes.22 Q. Okay. Do you know which lots are the23 subject of this lawsuit?24 A. You're referring to Exhibit 14?25 Q. Yes.

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1 A. This one? I don't know without seeing2 the descriptions. And this just says lot numbers3 and acreage.4 Q. Do you know -- you -- is it your5 testimony that you don't know which lots are the6 subject of this litigation?7 A. I know from what you -- what had been --8 what has been identified in the complaint.9 Q. Okay. I'm handing you what's identified

10 as a buy-sell agreement. Whose signatures are on11 the second page of that agreement?12 A. It appears to be Robert Donat and Peter13 Koeck. But I can't tell from the signature -- the14 signatures. I'm not a -- an expert on signatures.15 And they actually look somewhat different from16 some I've seen, so I -- I can't identify.17 Q. Okay. If you look at the first page of18 that agreement --19 A. Yes.20 Q. -- what lot is identified in the property21 description?22 A. It says: "Lot 1 of S & C No. 1 minor23 subdivision."24 Q. Which lot is that on that exhibit?25 A. Well, it doesn't say which subdivision

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1 this is in. It just -- we have lot numbers and2 acreage. That's all that's on this.3 Q. Okay.4 A. So I don't know which it is.5 Q. Is the lot that's identified in the6 buy-sell agreement at issue in this litigation?7 A. Again, I don't know. I can't answer8 that. I've discussed it with my attorney and --9 Q. I'm not asking you to talk about any

10 discussions you've had with your attorney. I'm11 asking you, to the -- to your knowledge, are you12 challenging Bob's ownership interest in that13 property?14 MR. MEYER: Objection: Attorney-client15 privilege.. I instruct you not to answer.16 Q. (By Ms. Tranel) Are you challenging17 that?18 MR. MEYER: Same objection.19 Q. (By Ms. Tranel) Will you answer the20 question?21 A. No.22 Q. And why are you refusing to answer the23 question --24 A. On advice of counsel.25 Q. Okay. So you're -- you're refusing to

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1 answer the question about whether or not you're2 challenging Bob's ownership?3 A. Yes.4 Q. And the basis for your refusal to answer5 is what?6 A. Attorney-client privilege.7 Q. Okay.8 MS. TRANEL: I'll mark this as the next9 deposition exhibit.

10 (Whereupon, Deposition Exhibit No. 15 was11 marked for identification.)12 Q. (By Ms. Tranel) Did Bob Donat have Peter13 Koeck's power of attorney, to your knowledge?14 A. I didn't know it until you recorded it --15 or he recorded it in county.16 Q. Okay. Have you ever seen that document17 before?18 A. Yes.19 Q. Okay. Where have you seen it?20 A. In the -- I believe it was the amended21 complaint.22 Q. And what is that document?23 A. This is a durable power of attorney.24 Q. From whom?25 A. From Peter Koeck.

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1 Q. And is that Peter's signature -- to the2 best of your knowledge?3 A. To the best of my knowledge, it appears4 to be --5 Q. Okay.6 A. -- his, but I'm not an expert.7 MS. TRANEL: I'll mark that as the next8 deposition exhibit.9 (Whereupon, Deposition Exhibit No. 16

10 was marked for identification.)11 Q. (By Ms. Tranel) And that's an12 authorization to enter into contracts. If you'll13 take a minute and review that document. What does14 that document authorize?15 A. It says: "Authorization to enter into16 contracts."17 Q. And what does it do?18 A. Well, it's a -- it just says -- all I can19 do is read this, what it says. You want me to20 read it?21 Q. Sure.22 A. "By the signature below, Peter Koeck, the23 president and principal shareholder of S & C24 Corporation, hereby, pursuant to Section XII of25 the bylaws of S & C Corporation, authorizes Robert

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1 Donat as the vice president of S & C Corporation2 to enter into any contracts or to execute and3 deliver any instruments on behalf of S & C4 Corporation, including but not limited to entering5 any contracts for the purchase or sale of [real6 estate]" -- "of real property owned by S & C7 Corporation or otherwise. This authorization8 shall be valid until terminated by S & C9 Corporation in writing."

10 MS. TRANEL: Okay. I'll have that as an11 -- marked as the next deposition exhibit.12 (Whereupon, Deposition Exhibit No. 1713 was marked for identification.)14 A. It's not -- it's not dated.15 Q. (By Ms. Tranel) Is it signed?16 A. There appears to be a signature by Peter17 Koeck.18 Q. Okay. And this is a copy of the minutes19 of the October, 2006 meeting of the corporation.20 Were you at that meeting?21 A. October 31st, yes.22 Q. Okay. Were you at that meeting?23 A. Yes.24 Q. And was there some discussion at that25 meeting?

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1 A. Yes.2 Q. And what was the purpose of the meeting?3 A. To enter a -- to have a resolution4 passed -- I'll read this to you: "That Bob Donat,5 vice president, has directed to negotiate and sell6 all real estate belonging to the corporation that7 is located in the state of Montana on terms or8 conditions satisfactory to board of directors."9 MS. TRANEL: Okay. We'll have that

10 marked as the next deposition exhibit.11 (Whereupon, Deposition Exhibit No. 1812 was marked for identification.)13 Q. (By Ms. Tranel) Did Bob Donat negotiate14 the sale of real estate -- to your knowledge?15 A. Yes.16 Q. Okay. And did he enter into any17 contracts to sell real estate?18 A. Did he -- repeat that.19 Q. Enter into any contracts to sell real20 estate?21 A. I've not seen him.22 Q. To your knowledge, did he?23 A. I assume -- I can't -- well --24 Q. Do you know?25 A. I don't know --

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1 Q. Okay.2 A. -- if he did.3 Q. Was any of the real estate from S & C4 sold?5 A. I understand it was.6 Q. Okay. Where were the profits of those7 sales deposited -- do you know?8 MR. MEYER: Objection: Assumes facts not9 in evidence.

10 Q. (By Ms. Tranel) Do you know where the11 profits from those sales were deposited?12 A. I haven't been able to determine that.13 Q. Okay. When was Bob's position with S & C14 terminated?15 A. In December of 2006 -- '7 -- 2007.16 Q. How was it terminated?17 A. By a meeting of -- special director's18 meeting on December 13th, 2007.19 Q. So what was the date of Bob's termination20 from the corporation?21 A. December 13th, 2007.22 Q. Okay. And when was Bob notified that he23 was terminated?24 A. I don't know.25 Q. Was he notified?

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1 A. The annual report was filed, is all I2 did.3 Q. When did you file the annual report?4 A. About -- about that time, I believe -- in5 December, 2007.6 Q. Okay. Did you ever notify Bob that he7 had been terminated?8 A. No. Other than filing with the state.9 Q. Did Peter Koeck ever notify Bob term --

10 Bob that he had been term -- terminated --11 A. I don't know.12 Q. -- to your knowledge?13 A. I don't know.14 Q. Would Bob have known in any way that he15 had been terminated if you ne -- neither you nor16 Pete had told him?17 A. I don't know. Other than the recording18 with the state, which is public knowledge.19 Q. Okay. Was Bob's power of attorney from20 Pete Koeck ever revoked?21 A. Yes.22 Q. Okay. How was that done?23 A. With the affidavit that was filed.24 Q. Okay. Was Bob -- was Boyd Taylor ever25 notified that Bob Donat had been terminated from

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1 the corporation?2 A. I do not know. Other than from the3 public filings, he would have been notified.4 Q. Did you call him and tell him?5 A. I didn't talk to him at that time, I6 don't believe.7 Q. Did, um -- to your knowledge, did Bob8 tell him -- or I'm sorry -- Pete tell him?9 A. I do not know.

10 Q. Okay. Who signed the 2007 tax return for11 the S & C Corporation?12 A. Do you have them there? I -- I don't --13 Q. Do you know?14 A. No.15 Q. Did you sign it?16 A.. No.17 Q. Did Pete sign it?18 A. I don't know.19 Q. Okay. Was one filed?20 A. I don't know. I don't have copies of21 them.22 Q. Okay. You said that you reviewed them.23 A. Well, I looked at them, but I don't24 recall who signed them.25 Q. Okay. All right. I'm handing you an

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1 e-mail copy from you to Pete. Could you read that2 highlighted section there?3 A. Okay. "Then it would be time for you to4 advise him that he has no authority to dissolve5 the corporation or act to dispose of any assets,6 since he has finished his work for you."7 Q. What's the date of that e-mail?8 A. Um, March 7th.9 Q. Of what year?

10 A. 2008.11 Q. Okay. So it's three months after the12 corporation terminated him?13 A. This would be about three months, yes.14 Q. Why is Peter e-mailing you to tell Bob15 that he's been terminated three months after he16 was terminated?17 A. He was e-mailing me?18 Q. Why are you --19 A. No -- I mailed him --20 Q. -- who's that from -- who's that e-mail21 from?22 A. It's from me.23 Q. To whom?24 A. To Pete.25 Q. Why are you telling Pete?

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1 A. Because I was concerned about the fact2 that Donat had advised that he had dissolved the3 corporation, and there was no authority for that.4 Q. Did he know that he had no authority for5 that?6 A. Absolutely.7 Q. How would he have known that?8 A. He had no authority to dissolve the9 corporation.

10 Q. Did you tell him that?11 A. He -- he had no directive from the board12 of directors.13 Q. Okay.14 A. We -- as far as I know, you can't do that15 unless you have authority to do it. That's --16 Q. Okay. I don't -- I don't understand.17 Maybe you can explain to me why three months after18 you terminated him, you're telling Pete to tell19 him.20 A. This must be a response to Donat's21 notification that he had -- here it is -- from22 Donat to Pete the day before -- or two days, says:23 "All of the final tax returns are filed. The24 company has been dissolved. There are no debts,25 liens, or assets left, and the remaining money in

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1 your account" -- blah, blah, blah. That is right2 here. And he had no authority to do that.3 Q. Okay. So, if that authority had been4 revoked, why didn't you tell him that?5 A. No one would have the authority unless6 there was a corporate resolution authorizing --7 and with the consent of the shareholders -- to8 dissolve a corporation.9 Q. Okay.

10 MS. TRANEL: I'm going to have this --11 just this page marked as a exhibit.12 (Whereupon, Deposition Exhibit No. 1913 was marked for identification.)14 A. Let's take a quick break. It's been15 another hour.16 VIDEOGRAPHER: Off the record at17 3:20 p.m.18 (Whereupon, the deposition was in recess19 at 3:20 p.m., and subsequently reconvened20 at 3:30 p.m., and the following21 proceedings were had and entered of22 record:)23 VIDEOGRAPHER: Back on the record at24 3:30 p.m.25 A. To -- to further clarify what you were

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1 asking me about before we took a break, this --2 the minutes of December 13th refer to termination3 of authority of Robert Donat to transfer our --4 any property. It had nothing to do with5 administrative matters such as signing tax returns6 and so on. It's --7 Q. (By Ms. Tranel) So Bob --8 A. But --9 Q. -- Bob was retained by the corporation

10 after December of '07 --11 A. He --12 Q. -- in some capacity?13 A. -- he was not -- he was not terminated by14 this -- as I read this.15 Q. Okay. So -- so Bob still had a role in16 S & C after December of 2007?17 A. Yes.18 Q. And what was that role?19 A. Everything other than -- that his duties20 included everything except executing documents to21 transfer property.22 Q. Okay. And did you ever advise Bob about23 the narrowing of his roles?24 A. I personally did not.25 Q. Did Peter?

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1 A. I don't know.2 Q. Okay. Was Bob ever finally and3 completely terminated from S & C?4 A. I did not terminate him. I didn't have5 that authority. The board of directors -- I don't6 know if Peter Koeck did directly with him or not.7 Q. To your knowledge, is Bob still a8 participant in S & C?9 A. I don't believe so.

10 Q. Okay. How -- why not?11 A. He doesn't have any office. He doesn't12 hold any office in S & C. That report was filed13 with the -- as I testified, it was filed with the14 secretary of state sometime in December of 2007.15 Q. Okay. So can he still do everything16 other than transact land sales?17 A. No. He -- he's not an officer -- wasn't18 an officer after that time.19 Q. Was he an officer before that?20 A. Yes.21 Q. Okay. When did he become an officer?22 A. On April 19th, 2005.23 Q. By what mechanism did Bob become an24 officer?25 A. At the annual meeting of the board of

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1 directors.2 Q. Okay. And when was he removed from his3 role as an officer?4 A. In December of 2000 -- rather -- just a5 moment and I'll look at the minutes. What I'm6 looking at -- in the minutes of the annual meeting7 of the board of directors, it reflects that, um,8 he was not reelected as vice president.9 Q. Which minutes are those?

10 A. December 7 -- excuse me -- that is April11 7th, 2008.12 Q. Okay. Um, I'm going to hand you what's13 titled an affidavit. Is that document familiar to14 you?15 A. Mm-hmm.16 Q. Who wrote that document?17 A. I did.18 Q. Is that your signature on there?19 A. Yes.20 Q. And what's the date of that document?21 A. February 20th of 2009.22 Q. Okay. And what's this document?23 A. It's an affidavit.24 Q. Who wrote that?25 A. I did.

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1 Q. And is that your signature?2 A. Yes.3 Q. Okay. And I'm handing you a third4 document, and what is that titled?5 A. Affidavit.6 Q. And who wrote that document?7 A. I did.8 Q. Is that your signature on it?9 A. Yes.

10 Q. Where did you write those documents?11 A. I don't -- I do not recall where I wrote12 these.13 Q. Was it on a computer?14 A. Yes, but I don't know which one.15 Q. Okay.16 A. Because I -- I didn't always use the same17 computer.18 Q. Okay. What's the most recent date of19 those affidavits?20 A. February 20th, 2009.21 Q. Okay.. Do you remember where you wrote22 that affidavit?23 A. I don't recall where I was at the time I24 wrote that.25 Q. Okay. Would it be saved on your home

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1 computers?2 A. It depends on which -- if I used a public3 computer, it wouldn't have been saved; I would --4 printed it.5 Q. Do you know?6 A. I don't know.7 Q. All right. Who initiated the filing of8 these affidavits?9 A. Peter Koeck, the president.

10 Q. Did he contact you?11 A. Yes.12 Q. It was his idea?13 A. Yes.14 Q. And what was the purpose of them?15 A. To give notice that these properties that16 are described here were not authorized to be17 transferred to Robert Donat. And he instructed me18 as secretary to file these -- secretary of S & C.19 Q. What corporate resolution or minutes or20 documentation do you have rescinding Bob's21 authority to transfer those lots?22 A. I believe that is the minutes that we23 discussed earlier on -- the 13th of December,24 2007, there was a meeting of the board of25 directors and a resolution was voted at that time

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1 to terminate his authority --2 Q. Who attended --3 A. -- to transfer.4 Q. -- who attended that meeting?5 A. That was Peter Koeck.6 Q. Who else attended it?7 A. I was there as secretary.8 Q. Where was it held?9 A. It was held in Buenos Aires.

10 Q. How did you attend?11 A. I was sitting at the same table with12 Peter Koeck.13 Q. You flew to Buenos Aires?14 A. Yes.15 Q. For the purpose of having this meeting?16 A. Yes.17 Q. Okay. Did Peter ask you to come down?18 A. Yes..19 Q. Did he pay for your flight?20 A. I don't recall if I paid for it or he21 paid for it. He may have reimbursed me. I don't22 recall.23 Q. All right. Did S & C pay for it?24 A. I don't recall.25 Q. Who drafted those corporate minutes?

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1 A. I did that.2 Q. When?3 A. While I was there.4 Q. On what computer?5 A. The computer in the hotel.6 Q. What hotel?7 A. The -- I believe I was in the Hilton8 hotel, in the business center.9 Q. Okay. So Pete signed them while you were

10 there?11 A. Yes.12 Q. Can you --13 A. The waiver.14 Q. -- tell me --15 A. The waiver.16 Q. Can you tell me what the purpose of those17 affidavits is?18 A. To give notice that Bob Donat did not19 have authority to transfer real property.20 Q. Why did you rescind his authority?21 A. If you look at the minutes of the special22 directors meeting, December 7th, 2007, by23 telecommunications, um, it recites -- you want me24 to read this?25 Q. No. I want you to tell me from your

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1 memory, your personal knowledge, of why his2 authority was rescinded?3 A. Oh, because at that time, Peter Koeck had4 agreed to accept a contract from a Three Forks5 Montana real estate developer. And a contract was6 never given to him, and Peter Koeck asked me to7 check and see what happened to the property8 because no money was ever paid. And so I went and9 checked and saw that there were deeds to Bob

10 Donat, not a third party, of the lots that were11 supposed to be sold.12 Q. Okay.13 A. And we didn't understand what was going14 on. Peter said, "You got to stop this because it15 -- what happened to the buyer? There's no money;16 there's no buyer." So, he was very concerned.17 Q. Okay. So, that was a genesis for this18 meeting?19 A. Yes.20 Q. Okay. Peter's concern that there was no21 buyer?22 A. Well, that the transferred -- transferred23 to Bob Donat and no money was received, and it was24 not to the Three Forks developer that he had25 agreed to sell them to.

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1 Q. Okay. So, Peter's concern was twofold?2 A. Yes.3 Q. Okay. Number one?4 A. Number one, they weren't sold -- they5 were not sold as represented by Donat to a Three6 Forks developer, and there's no money anyway.7 Q. Okay.8 A. There's no contract with Bob Donat.9 Q. And that's number two: There was -- no

10 money was paid for them?11 A. Yes.12 Q. Oh -- okay. To the best of your13 knowledge, was there any concern about who the14 purchases -- purchasers of the other lots were?15 A. Which other lots?16 Q. All of the other lots in S & C17 Corporation. If you look at Exhibit 14, you can18 see on there that these lots all stamped sold --19 A. Mmm, yes.20 Q. Did you care who purchased those lots?21 A. I -- I didn't know if they were sold.22 Q. So you didn't care who purchased them?23 A. I didn't -- you -- you mean as secretary?24 I -- I didn't even get involved in it.25 Q. Okay. Did Peter care who ser -- who

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1 bought -- who bought those lots?2 A. He wanted the lots sold, as I understand3 it -- obviously. And it didn't make any4 difference who bought the lots.5 Q. Okay. He just wanted the money for them?6 A. That's -- yes.7 Q. Okay.8 A. But those were market value. Those are9 market prices, as I understood it.

10 Q. Do you know what the purchase price of11 the lots were to the Three Forks developer?12 A. The contract that I was familiar with was13 supposed to be for $250,000.14 Q. Okay. Is it your testimony that the15 reason for the revocation of Bob's authority is16 because Peter didn't receive money for those lots?17 A. No. First of all, it -- it was supposed18 to be a sale to an independent third party.19 Q. Okay.20 A. And secondly, 250,000 --21 Q. Okay.22 A. -- which was not received.23 Q. Okay. Let's look at the Rocky24 Mountain Bank deposition exhibit. This is25 Deposition Exhibit No. 6. We talked about that

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1 previously. What's the bank account number on2 that?3 A. 80032885.4 Q. Okay. I'm handing you a document that5 I'd like you to look at.6 A. Yes.7 Q. Can you see what that is? It's a check8 from -- a copy of a check from Bob Donat. Who is9 that made out to?

10 A. It's made out to S & C Corporation.11 Q. Okay. And what's the amount on that12 check?13 A. $113,075.14 Q. Okay.15 MS. TRANEL: I'll have that marked as the16 next deposition exhibit.17 (Whereupon, Deposition Exhibit No. 2018 was marked for identification.)19 Q. (By Ms. Tranel) Okay. I'm going to hand20 you a transaction receipt from Rocky Mountain21 Bank. In the middle of that, it has four digits22 followed by some stars. Can you read those23 digits?24 A. Four digits followed by stars -- oh, four25 -- the last four -- 2885.

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1 Q. Okay. And what's the amount on that2 transaction receipt?3 A. $113,075.4 Q. Okay. So that shows that that money was5 deposited into S & C's bank account at Rocky6 Mountain Bank, doesn't it?7 A. Yes.8 Q. Okay. And you had the ability to sign on9 that account?

10 A. Yes.11 Q. And Bob didn't?12 A. That's correct.13 Q. Okay.14 COURT REPORTER: Do you want this marked?15 MS. TRANEL: I do, yeah. Sorry.16 (Whereupon, Deposition Exhibit No. 2117 was marked for identification.)18 Q. (By Ms. Tranel) Okay. I'm going to hand19 you a copy of a check from Bob Donat. Who is that20 made pay -- payable to?21 A. Surety Title.22 Q. Okay. And what's the amount on that23 check?24 A. $125,162.36.25 Q. Okay.

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1 MS. TRANEL: I'll mark that as the next2 deposition exhibit.3 (Whereupon, Deposition Exhibit No. 224 marked for identification.)5 Q. (By Ms. Tranel) Did you ever wire money6 overseas?7 A. What do you mean?8 Q. Did you ever wire money from a bank in9 the United States to any other country?

10 A. I have done that in the past 50 years --11 Q. Okay.12 A. -- a lot of times.13 Q. Can you tell me how that process works?14 A. You normally go to the bank, and they15 have a form that you have to sign giving the16 instructions. You sign it, and those are17 instructions for the bank to affect a transfer.18 Q. Okay. How did Peter get money in19 Argentina?20 A. When and what? I -- I'm -- when?21 Q. Was Peter given money in Argentina?22 A. When?23 Q. From the S & C bank accounts in Montana?24 A. I don't recall if he was ever given money25 directly -- what -- which event or time are you

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1 talking about?2 Q. Did money go from the S & C bank accounts3 in Montana to Peter Koeck?4 A. There's one that went out -- I'm not sure5 if it went directly to him or to pay for some6 equipment or something that he was buying, I7 think. I -- I -- I don't know which bank now.8 Q. Glacier or Rocky Mountain?9 A. Rocky Mountain. I would -- I would think

10 there was one out of there anyway, yes.11 Q. Would it have -- would that money have12 been wired to him?13 A. I don't know if it went to him or went to14 someone to pay for something.15 Q. Okay.16 A. It'd be at his instructions --17 Q. Okay.18 A. -- is -- is what I'm saying.19 Q. I'm going to hand you a document from20 Rocky Mountain Bank that's an incoming wire21 advice --22 A. Okay.23 Q. -- from Dragon International.24 A. Oh --25 Q. Have you ever seen that document before?

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1 A. No.2 Q. Do you know what it is?3 A. It's an incoming wire advice of credit.4 Q. Who was it wired from?5 A. Dragon Advanced International Limited.6 Q. Do you know who that is?7 A. I know -- well, I know what it is, yes.8 Q. What is it?9 A. It's, um, a commercial account, um --

10 well, it's a commercial operation that holds money11 for Peter.12 Q. Do you have any role in that corporation?13 A.. No. No, except if Peter asked me to do14 anything with that, then -- then I may have15 something. I may pass on information, but that's16 about it.17 Q. How long has that corporation been in18 existence?19 A. I don't know when it was formed.20 Q. Are you authorized to transact wires on21 behalf of that corporation?22 A. No.23 Q. So would that wire have come from Pete?24 A. This wire would have come from Dragon25 Advance. I don't know who would have instructed

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1 them; I didn't.2 Q. Okay.3 MS. TRANEL: I'll mark that as the next4 deposition exhibit.5 (Whereupon, Deposition Exhibit No. 236 was marked for identification.)7 Q. (By Ms. Tranel) This is a Rocky Mountain8 Bank outgoing wire advice. You ever seen that9 before?

10 A. I don't recall this offhand.11 Q. Okay. What does that show?12 A. Um, it shows that there's a wire from13 S & C to Bank Leumi.14 Q. Okay. And what's the amount on that wire15 transfer?16 A. $73,330.17 Q. Okay. I'll mark that as the next18 exhibit, but I want you to hang on to it. One19 second.20 (Whereupon, Deposition Exhibit No. 2421 was marked for identification.)22 Q. (By Ms. Tranel) Okay. I'm going to hand23 you another document. It's Rocky Mountain Bank24 outgoing wire advice. Have you ever seen that25 before?

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1 A. No, I don't recall seeing this.2 Q. Okay. Do you know what that document is?3 A. It purports to be a wire advice -- a4 debit. 800 --5 Q. For which account?6 A. 80042295. I just don't recall it.7 Q. What's the amount on that?8 A. This is $50,000.9 Q. So add those two wire amounts together.

10 You can just give me a rough addition. What's the11 amount --12 A. 1 --13 Q. -- of those two?14 A. -- 23.15 Q. Approximately?16 A. Approximately.17 Q. Okay.18 MS. TRANEL: Let's mark that as the next19 deposition exhibit.20 (Whereupon, Deposition Exhibit No. 25 was21 marked for identification.)22 Q. (By Ms. Tranel) I'm going to hand you an23 e-mail. Starting from the top, what's the date of24 that first e-mail?25 A. Starting from the top --

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1 Q. Yes.2 A. -- that's June 27th, 2008.3 Q. And who is that from?4 A. That's from Peter Koeck to me, and the5 one below that is from me to him.6 Q. The one from the first one?7 A. On top?8 Q. Yes.9 A. That's the one from Peter Koeck to me.

10 Q. And what does that say?11 A. It says: "Thanks, Don. I didn't know12 what he was talking about."13 Q. Okay. And the e-mail just below that is14 what date?15 A. That's June 27th.16 Q. Who is that from?17 A. That's from me to Pete.18 Q.. You wrote it?19 A. Yes.20 Q. What does it say?21 A. Says: "That was the 125,000, less the22 so-called expenses of around 13,000, so the23 balance deposited was about 113,000. I sent the24 100,000 to you. It's the only deposit he ever25 made to Rocky Mountain Bank."

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1 Q. You sent $100,000 to Pete?2 A. Yes.3 Q. How did you send it?4 A. Well, he gave me wire instructions and I5 wired it.6 Q. Okay. From what account?7 A. From the Rocky Mountain account of, um,8 S & C Corporation.9 Q. Mm-hmm.

10 A. Yes.11 Q. To Peter?12 A. I'm not sure where he said to send it,13 but I sent it and I assume he picked it up.14 Q. Do you have a copy of that wire?15 A. I -- I imagine I do. I don't know if16 I --17 Q. Okay.18 A. -- have it.19 Q. Can you get it?20 A. I could probably get that.21 Q. Okay. I'm requesting that you produce22 that to me.23 A. Well -- to my attorney.24 Q. What is the, um -- what were -- I'm going25 to hand you a copy of a -- Boyd Taylor's invoice.

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1 What's the amount of that invoice?2 A. 8,425.3 Q. Okay. Do you know if that was ever paid?4 A. No.5 Q. Okay. Do you know anything about that6 invoice?7 A. No. I've never seen it before.8 Q. All right.9 MS. TRANEL: I'll mark that as the next

10 deposition exhibit. And I -- I don't know where11 we are, but I want that previous one marked as12 well. 26, I think, is the number on that one.13 MS. TRANEL: How are you doing?14 COURT REPORTER: What's that?15 MS. TRANEL: How are you doing?16 COURT REPORTER: Fine.17 MS. TRANEL: Okay.18 MS. TRANEL: This'll be 27.19 (Whereupon, Deposition Exhibit20 Nos. 26 and 27 were marked for21 identification.)22 Q. (By Ms. Tranel) You're named personally23 as a defendant in this litigation?24 A. Yes.25 Q. Okay. What's the basis for your position

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1 that S & C wasn't paid for the lots?2 A. I don't believe we filed any answers.3 And -- I haven't filed an answer in this case4 because there're pending motions.5 Q. What is the basis for your position that6 S & C wasn't paid for the lots?7 A. I've discussed this with my attorney and8 I can't answer, on his advice.9 Q. Do you know what the basis is for your

10 position?11 A. I don't know legally what that position12 is going to be.13 Q. You testified the reason for revoking Bob14 Donat's authority to enter into contracts was15 because S & C wasn't paid. What is the basis for16 that position?17 A. You predicated this by stating that I was18 named personally, not as an officer of the19 corporation. And I have defenses personally that20 have --21 Q. Do you have a -- do you have a basis for22 -- for saying that S & C wasn't paid for the lots?23 A. As an officer of the corporation, I have24 not seen payment for any lots, nor have I seen a25 contract with Robert Donat.

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1 Q. Okay. Well, you just saw approximately2 $250,000 deposited into S & C accounts.3 A. Could I see those deposits?4 Q. And you wrote an e-mail to Pete saying5 that you sent him $100,000 of the money.6 A. These are dated in 2007, and they're7 outgoing wires. I don't have the deposits. I'm8 really confused about what these are because I9 don't see any deposit slips.

10 Q. They're wire advances to S & C11 Corporation, are they not?12 A. It -- it says that these are wire advice13 debits. I don't know what this is for.14 Q. You've never seen them before?15 A. I don't recall these.16 Q. Where did you get the $100,000 that you17 took to Pete?18 A. There's money in the account, and that19 was in -- about six months after this, I believe20 -- June. These are December. And then in June,21 there's a deposit -- or sometime close to that --22 of 113 -- March, April, some --23 Q. That's not a deposit slip; that's your24 e-mail, isn't it?25 A. It's referring to 113 --

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1 Q.. Right.2 A. -- these are not 113.3 Q. Well, what does your e-mail say?4 A. It says that was 125k, less so-called5 expenses of around 13, so the balance deposited6 was 113. That's not these.7 Q. Okay.8 A. So I don't know which ones we're talking9 about.

10 Q. Is it this one?11 A. Okay. Here's the 113 --12 Q. Okay.13 A. That's not these.14 Q. Okay.15 A. So, that's where the hundred must have16 come from.17 Q. Okay. And that was deposited into18 S & C's account, right?19 A. Yes.20 Q. Okay. So that's 113. And then what do21 these -- Exhibit 24 and 25, you said total22 approximately 123?23 A. Well, I don't -- I -- I don't know. I've24 not seen these.25 Q. Okay. If you add 123 and 113 together,

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1 what do you get?2 A. Whatever they total -- is 230 or so.3 Q. 113 plus 123?4 A. Whatever that totals to. Okay.5 Q. Comes to what: 236?6 A. Well, I just said, 230-something.7 Q. Okay.8 A. Yes.9 Q. And if you add in the $8,000 that Boyd

10 Taylor charged you, what do you get?11 A. It'd be close to 244.12 Q. Okay.13 A. But I -- I don't -- I'm not sure where14 all this came from. I don't know where this money15 came from.16 Q. Do you know where it went?17 A. No, because -- I don't know what these18 accounts are. I don't recall them.19 Q. Okay. When -- when -- on -- on20 Exhibit No. 21, that's S & C Corporation's21 account?22 A. I know about this one.23 Q. Okay.24 A. Yes.25 Q. So, my question to you is: What is the

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1 basis for your position that S & C didn't get paid2 for the lots?3 A. Again, we have defenses that we have not4 alleged yet. We haven't had an opportunity.5 Q. Do you have a basis for your position6 that S & C wasn't paid?7 A. I've discussed it with my attorney --8 Q. I don't want to know what you talked to9 your attorney about; I want to know what you --

10 A. I have no basis --11 Q. -- personally -- you have no basis?12 A. -- myself personally, other than that --13 I didn't -- the -- there was never any contract14 with anyone that I know of.15 Q. Okay.16 A. And I can't relate this to any payments17 that were made that you've shown me.18 Q. Do you know whether or not Pete ever19 received the money for those lots?20 A. No.21 Q. Were you ever told by Pete that he didn't22 get the money?23 MR. MEYER: Well, I'm going to object24 because it's assuming facts not in evidence about25 receiving money for the lots.

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1 MS. TRANEL: You can answer the question..2 A. I remember he was very concerned about3 not receiving the funds for these lots.4 Q. (By Ms. Tranel) Did you ever bring a5 lawsuit against Bob?6 A. No. Bob Donat?7 Q. Yes.8 A. No, I have not filed a lawsuit against9 him.

10 Q. Okay. Why not?11 A. We're -- I believe he sued me. Is that12 what you're asking?13 Q. I'm asking you why you never sued him.14 A. We're in litigation right now and we're15 awaiting rulings.16 Q. Okay. I'm handing you an e-mail that's17 been printed off a computer. At the top of that18 e-mail, what does that say?19 A. What is -- you mean the message?20 Q. Yes.21 A. It says: "Thanks, Bob. Put it in" --22 "yes, put it in the Rocky Mountain Bank, please.23 I can use it for official use here because I've24 got the checkbook. Please consult with Don in re:25 Container and collection. Looks like I get my DNI

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1 next week."2 Q. Okay.3 MS. TRANEL: Go ahead and mark that as4 the next exhibit.5 (Whereupon, Deposition Exhibit No. 286 was marked for identification.)7 Q. (By Ms. Tranel) Did you -- was it your8 understanding that Bob had conveyed the S & C lots9 to himself fraudulently?

10 A. The only thing I can tell you is that --11 MR. MEYER: Objection: Vague, as to12 time.13 A. Well, first, are -- which lots are we14 talking about?15 Q. (By Ms. Tranel) The lots that are at16 issue in this litigation.17 A. The four lots. He had no authority to18 transfer those to himself.19 Q. Okay. And yet S & C received money for20 those lots?21 A. I'm not aware that they have received22 money for those lots -- that -- that S & C has23 received the money.24 Q. Okay. Why did you file these affidavits25 rather than bringing a lawsuit against Bob?

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1 A. I wanted it put on notice that he had no2 right to be transferring property to himself due3 to his fiduciary obligations to the corporation.4 Q. Did you call him and tell him that?5 A. I didn't. I don't know if Pete did. I6 didn't --7 Q. Did you ever write him a letter?8 A. I did not.9 Q. Why not?

10 A. I wasn't asked to.11 Q. Did you ever consider that?12 A. No.13 Q. You just went and filed the affidavits?14 A. Yes -- as directed by the president. I15 was his secretary, so I did it.16 Q. Okay. I'm going to hand you another17 e-mail. If you can look at the date on that18 e-mail -- what's the date?19 A. December 7th, 2007.20 Q. Who is that e-mail from?21 A. It purports to be from Peter Koeck.22 Q. Who is it to?23 A. It's to Bob Donat.24 Q. And can you read the highlighted portion25 of that?

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1 A. It's: "Don,2 "Thanks for your service in this matter,3 for the lots. Sell them for what you can get for.4 I don't care anymore."5 MS. TRANEL: Okay. I'll mark that as the6 next deposition exhibit.7 (Whereupon, Deposition Exhibit No. 29 was8 marked for identification.)9 Q. (By Ms. Tranel) Are you challenging the

10 price of the lots that was paid in this11 litigation?12 A. You're as -- I think you're assuming that13 it was paid, so I can't answer the question that14 way.15 Q. Okay. Well, we don't want to make any16 assumptions. Let's go back and look at the17 exhibits. This is Exhibit No. 21.18 A. Yes.19 Q. How much money does that show was20 deposited into S & C's account?21 A. $113,075.22 Q. Okay. And let's look at Exhibit No. 20.23 How much is that check written out for?24 A. 113,075.25 Q. And who is it written from?

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1 A. Robert Donat.2 Q. And who is it written to?3 A. S & C Corporation.4 Q. Okay. So, we don't need to make any5 assumptions there, do we?6 A. Oh, yes, we do.7 Q. What assumptions do we need to make?8 A. What was it for?9 Q. What date is the check written?

10 A. March 5th --11 Q. What date is the deposit --12 A. -- of 2008.13 Q. And what date is that deposit made?14 A. March 5th.15 Q. Okay. So --16 A. What is the question?17 Q. Why -- I mean, does that not show that18 the money was transferred from Bob to S & C19 Corporation?20 A. For what?21 Q. Does that money show that $113,000 was22 transferred from Bob Donat to S & C?23 A. Yes, but there's no explanation what it24 was for.25 Q. Okay. What would Bob have been paying S

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1 & C Corporation --2 A. The balance --3 Q. -- $113,000 for?4 A. -- due on that first Quonset hut5 property. That's what was due, approximately..6 Q. Is there an invoice for that?7 A. That was the agreement, as I understood8 it..9 Q. Where is that agreement?

10 A. It was between Donat and Peter Koeck.11 Q. Is it in writing?12 A. I haven't seen it.13 Q. Do you have any documentation to prove14 that agreement exists?15 A. I don't personally have any16 documentation.17 Q. Okay. What's the amount of that18 agreement for, do you know?19 A. Yes.20 Q. What?21 A. It -- it was for an amount less than the22 market value and what Donat paid for that -- that23 property and that Quonset hut.24 Q. Okay. So, I -- I'm a little confused.25 Maybe you can clarify me -- for me a little bit.

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1 A. All right.2 Q. What are you talking about with the3 Quonset hut property?4 A. That was the first property transfer that5 you attached a copy to your complaint for.6 There's a buy-sell agreement.7 Q.. Okay. So the property that's subject to8 the buy-sell agreement is what property: The9 Quonset --

10 A. The Quonset hut property.11 Q. Okay. And why -- how does that affect12 this payment?13 A. I understood this was to pay the balance14 due on that. It was never paid. The difference15 is -- was based on Donat's representation to Peter16 Koeck that he was taking off his portion of the17 profit that he proposed would be there for S & C18 for the sale of these lots, but it never happened.19 There was no profit.20 Q. There was -- okay. And how do you know21 that?22 A. Peter Koeck told me.23 Q. Okay. Do you have documentation to prove24 that?25 A. He didn't give me documentation, no.

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1 Q. Okay. So you're just taking Peter2 Koeck's word for it?3 A. You have to ask him. That's what he told4 me.5 Q. Did he keep the books?6 A. What books?7 Q. Do you have corporate records of your8 bank accounts?9 A. Corporate records of the bank account --

10 you mean statements?11 Q. Yes.12 A. Yes.13 Q. Does Peter have them?14 A. He does not have -- he -- well, I think15 he has all of them from Glacier Bank now.16 Q. Did he get the statements on a monthly17 basis?18 A. No.19 Q. Does he know whether there were profits20 or not from the land sales?21 A. No, just from this -- from Boyd Taylor,22 from the tax returns.23 Q. Okay. I'm going to hand you -- let me --24 let me show you -- okay -- a two-page document.25 You ever seen that before?

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1 A. For 2007, this purports to be the2 corporate income tax return. I --3 Q. Can you identify that document?4 A. -- I can't identify it without looking at5 the one that was produced.6 Q. Is that the 2007 corporate tax return --7 A. Yes.8 Q. -- for S & C Corporation?9 A. Yes.

10 Q. Okay. Up at the top, over on the11 right-hand side, what does that show for revenues12 for the year?13 A. $411,463.14 Q. Okay.15 MS. TRANEL: I'll mark that as the next16 exhibit number.17 (Whereupon Deposition Exhibit No. 3018 was marked for identification.)19 Q. (By Ms. Tranel) And this is an S & C20 Corporation profit and loss statement. Up on the21 top of that, what does that show for lot sales?22 A. Which year? Just both of them?23 Q. Yes.24 A. 2008: 411,463.15. And that's for the25 end of that fiscal year.

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1 Q. And what does it say that those revenues2 are from?3 A. Lot sales.4 MS. TRANEL: Okay. I'll mark that as the5 next deposition exhibit..6 (Whereupon Deposition Exhibit No. 317 was marked for identification.)8 Q. (By Ms. Tranel) Is it your position in9 this liti -- litigation that S & C Corporation

10 didn't receive revenues from lot sales?11 A. No. I never testified to that.12 Q. Okay. What did you testify to? Did S &13 C Corporation receive revenues from lot sales?14 A. Apparently, from that -- if that is from15 Boyd Taylor, then it would show that there were16 revenue.17 Q. That's your income tax return, is it not?18 A. Yes. If that's the correct one. I -- I19 don't have any way to compare it to the one that20 we received from him.21 Q. All right. And the income tax return22 shows revenues of a -- about 411,000. Is that23 right?24 A. Yes.25 Q. Okay. So, S & C Corporation at least

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1 told the IRS that it received revenues?2 A. Yes, if that was filed with the Internal3 Revenue.4 Q. Okay. In the amount of over $400,000?5 A. Yes.6 Q. Okay. Okay. So maybe you can explain to7 me -- in this e-mail, you say you gave Peter8 $100,000?9 A.. Mm-hmm. Yes.

10 Q. Why didn't you give him the entire11 amount?12 A. He requested 100.13 Q. What happened to the difference?14 A. It was left in the account.15 Q. And who had access to that account?16 A. I have access to the account.17 Q. Did you spend the money?18 A. I don't know what you mean by: Did I19 spend the money. If there were corporate20 expenses, I paid the expenses.21 Q. Okay.22 A. Not to me personally, no.23 Q. You didn't spend the money on personal24 expenses?25 A. Absolutely not.

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1 Q. Okay. Why would Bob Donat give S & C2 Corporation approximately $250,000 in December of3 2007 and March of 2008?4 A. Well, you're assuming that --5 MR. MEYER: Objection: It assumes facts6 not in evidence and it calls for speculation.7 MS. TRANEL: You can answer the question.8 A. I don't see any evidence that he gave9 S & C any money in December. I see outgoing

10 wires.11 Q. (By Ms. Tranel) From where?12 A. It says "S & C wire account.." I -- I13 don't know -- I don't -- I don't know that he gave14 it. I don't know how the money got there if this15 money really came out of there. I have nothing to16 verify this with.17 Q. Okay. This doc -- these two documents18 that you're looking at are Deposition Exhibits19 No. 24 and 25.20 A. Yes.21 Q. And those two wire advices show outgoing22 money from an S & C Corporation account. Is that23 right?24 A. That's what it shows, but I don't know --25 Q. Okay.

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1 A. -- where it went in. I -- you're asking2 me if he -- if I acknowledge that he put it in. I3 don't know.4 Q. Okay. And you've already looked at that5 exhibit?6 A. Yes.7 Q. And that shows that Bob paid Surety Title8 how much money?9 A. 125,162.36 -- for what, I don't know.

10 Q. We can take a short break if you want11 to --12 A. Okay.13 Q. -- and I can get some documents.14 VIDEOGRAPHER: We're off the record at15 4:23 p.m.16 (Whereupon, the deposition was in recess17 at 4:23 p.m., and subsequently reconvened18 at 4:31 p.m., and the following19 proceedings were had and entered of20 record:)21 VIDEOGRAPHER: We're on the record at22 4:31 p.m.23 Q. (By Ms. Tranel) Okay. Don, you were24 looking at Deposition Exhibit No. 22. And that's25 a check from Bob Donat to who?

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1 A. To Surety Title.2 Q. And what's the amount of that check?3 A. 125,162.36. But I --4 Q. Okay.5 A. -- I don't -- it doesn't have what it's6 for.7 Q. Okay. And here is, um, a document from8 Surety Title.9 A. Yes.

10 Q. That's a 2007 1099.11 A. Yes.12 Q. What's the amount on that?13 A. 125.14 Q. Okay. And is there a lot description15 down in the lower right-hand corner?16 A. Yes.17 Q. And what does that lot des -- description18 say?19 A. "Lot 1 of S & C No. 3 minor subdivision20 and Lots 1 and 2 of S & C No. 4."21 Q. Okay.22 MS. TRANEL: Let's mark that as the next23 deposition exhibit.24 (Whereupon, Deposition Exhibit No. 3225 was marked for identification.)

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1 Q. (By Ms. Tranel) Can you explain why2 you're -- you're saying that S & C didn't get this3 money?4 A. Yes..5 Q. What's your explanation?6 A. Bob Donat sent e-mails stating that he is7 waiting for the money. These are dated No -- the8 date on this is 12/22/07. In January and9 February, he was advising us that he was waiting

10 on the money. If this is valid, then something11 happened to this money.12 Q. Okay. Let's just take it when --13 A. It never got to S & C because this is14 December.15 Q. What's the date on that one?16 A. This is 12/20, and he referred to Three17 Forks developer pay it -- to pay the money. This18 is -- doesn't say anything about Three Forks19 developer. I don't know -- this doesn't say20 anything except that there's money received. If21 these -- I don't even know these have even been22 filed. I don't know what these are, except some23 forms.24 Q. Okay. That's a form from Surety Title --25 A. You say.

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1 Q. -- isn't it?2 A. No. I don't know where this came from.3 Q. Okay. So you're contesting the --4 A. A --5 Q. -- valid -- validity of the form --6 A. Absolutely.7 Q. -- of the document? Okay. All right.8 But that document that you have in front of you9 says that S & C Corporation received one twenty fr

10 -- 125 from Surety Title?11 A. I haven't seen a deposit in that amount.12 Q. Okay. Surety Title reported to the13 IRS --14 A. If this is valid.15 Q. -- that it -- okay. If that's valid,16 Surety Title reported to the IRS that it gave17 S & C Corporation $125,000?18 A. I don't know where -- if it was deposited19 in an S & C account or not.20 Q. Okay.21 A. I have the check here you just showed me22 for 125 to Robert -- from Robert Donat to Surety23 Title --24 Q. Okay.25 A. -- not Three Forks developer.

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1 Q. Okay.2 A. So there -- I -- I don't -- I don't know3 what this is about, really.4 Q. Well, why is a Three Forks developer5 important?6 A. Because that was the agreement that was7 made by S & C: To sell it to Three Forks8 developer.9 Q. Okay.

10 A. We have e-mails that was the agreement;11 we have the resolution.12 Q. Okay. Where's the resolution?13 A. "December 7th, by a motion dually made14 and seconded, it was unanimously voted to accept a15 contract to sell the remaining four 80-acre tracts16 with a Three Forks Montana real estate developer,17 the contract being negotiated by Bob Donat and18 which would be executed immediately with cash in19 the amount of $250,000 to be paid within ten days.20 Bob Donat represented that it was very difficult21 to find buyers. It would be in the best interest22 of the corporation to sell at a deep discount23 from his earlier recommendations of 189,000 for24 each 80-acre tract. And at that very same time,25 Bob Donat was advertising for $189,000 sale price

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1 these exact same lots in the paper."2 Q. Who, um, made that motion?3 A. Peter Koeck.4 Q. And who seconded it?5 A. Peter Koeck.6 Q. Where was that meeting held?7 A. It was held by a telecommunications8 conference. I was on the phone -- Don Bernard9 with Peter Koeck.

10 Q. Who called the meeting?11 A. Peter Koeck.12 Q. How did he contact you?13 A. By phone.14 Q. And said what?15 A. He said that Bob Donat had made this16 proposal because he couldn't find any other buyer17 and that S & C should accept this discounted18 price. Even though Pete was in no hurry to sell,19 he urged him to go on and sell to the Three Forks20 developer, never mentioning that it was, in effect21 and truthfully, Bob Donat, which is fraud on the22 corporation as far as Pete is concerned because23 it's a breech of fiduciary obligations on the part24 of an officer of the corporation. It meant that25 there was a loss to the corporation of several

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1 hundred thousand dollars without disclosing this2 to Pete, who was the chair -- the chairman of the3 board and member of the board of directors.4 Q. Did you ever advise Bob of your position?5 A. Yes.6 Q.. How?7 A. We filed the affidavits.8 Q. Okay.9 A. That's public knowledge and legal notice,

10 as far as I know.11 Q. That's all you did?12 A. That's what I was directed to do as13 secretary by Peter Koeck, who was the president.14 Q. Okay. So, it was your position that Bob15 had committed fraud?16 A. Yes.17 Q. And you never told him that?18 A. I personally did not, except through the19 filing.20 Q. You never filed a lawsuit?21 A. Did not.22 Q. Okay. Can you identify what that23 document is?24 A. It appears to be a -- an e-mail.25 Q. Okay. And it looks like it was

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1 forwarded. Is that true?2 A. (No response.)3 Q. Who was the original e-mail from?4 A. It says from Grey wolf, which is Peter5 Koeck.6 Q. Why does he use Grey Wolf?7 A. He likes that name, I guess. Never asked8 him. That's his e-mail name.9 Q. Who is it to?

10 A. It's to me.11 Q. Okay. And did you forward it to12 somebody?13 A. It's from Bob Donat to Peter.14 Q. And then did Peter forward it to you?15 A. That's -- yes, it looks like it.16 Q. Okay. What's the date of the e-mail from17 Bob to Peter?18 A. It's December 22nd, 2007.19 Q. And what does that e-mail say?20 A. "Leftover from the past few sales as21 Mario's" -- or merios -- "Merios wires are not22 usually my no. I am sending you 125 on Monday and23 the balance in late January. As there is some24 financing taking place."25 Q. Okay. What's the date of that e-mail

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1 again?2 A. December 22nd, which is after the --3 Q. Okay. And when were these, um --4 A. It's just December 22nd.5 Q. Right. And --6 A. You want this marked?7 Q. Yeah, I do.8 (Whereupon, Deposition Exhibit No. 339 was marked for identification.)

10 Q. (By Ms. Tranel) And Bob told Peter he11 was sending him the money on Monday, didn't he --12 in that e-mail that you just read?13 A. He -- I think that's what it said.14 Q. And what is the date on those wire15 advices?16 A. The 27th of December.17 Q. Okay. Do you recognize that document,18 Don?19 A. It's a -- it purports to be a -- an20 e-mail from Pete to me.21 Q. And what does that e-mail say?22 A. The one -- the top one? You want me to23 read the top one?24 Q. Yeah.25 A. "Hi Don,

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1 "Here's a reply from Luis. He also2 thinks, obviously, that D is nuts. He also told3 me yesterday he wants to buy back the Nissan truck4 D sold to him 1.5 years ago because he has lots of5 business to take care of in" -- "in AR. What a6 joke. Never got a reply from our last e-mail in7 re: 125 in the S & C ACC. Typical. Luciano is8 drafting an agreement between L and me, and as9 soon as I got it in the comp, I forward it to you

10 for review. Everything else is good here, after I11 defeated a forest fire on 100 ha. The thermal12 device helped a lot in order to find hot spots.13 "Regards, Pete."14 Q. Okay. Do you think Bob is crazy?15 A. I'm not a psychiatrist or a psychologist,16 so I can't form an opinion about that.17 Q. You don't have an opinion about it?18 A. No.19 Q. Okay. Did you and Peter talk about Bob20 being stupid?21 A. You're assuming that I even talked to22 him. I -- I --23 Q. You don't talk to Pete?24 A. About that, no --25 Q. Okay.

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1 A. -- typically not.2 Q. Okay. You don't talk to Pete about Bob?3 A. It -- it's useless. There's nothing to4 talk about.5 Q. Okay.6 COURT REPORTER: Did you want that7 marked?8 MS. TRANEL: Yeah, I'm sorry. Was that9 marked? I have to get these organized.

10 (Whereupon, Deposition Exhibit No. 3411 was marked for identification.)12 Q. (By Ms. Tranel) On that -- that13 corporate resolution that you read from December14 7th, 2007, you testified that that -- you were --15 participated by telephone?16 A. Yes.17 Q. Okay. And Peter -- okay. Where were the18 minutes for that resolution created?19 A. I don't remember if I was out of town. I20 travel a good bit and I could have -- I -- I don't21 know where I was when that took place.22 Q. You were -- were you in Argentina?23 A. I was not in Argentina.24 Q. Were you in Montana?25 A. I don't know where I was at that time. I

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1 travel -- besides Argentina and Mon -- and2 Montana, I tra -- travel to other areas.3 Q. Did you have your laptop with you?4 A. I don't carry my laptop with me.5 Q. Okay.. Do you know where those minutes6 were created?7 A. No.8 Q. Okay. Did you create them and print9 them?

10 A. I created them and printed them as a11 secretary. I would have printed them. I could12 have been in a hotel; I could have been in someone13 else's office -- anywhere.14 Q. You don't know where you were?15 A. No, because I travel out of the country.16 Q. Okay. Did you sign them after you17 printed them?18 A. Yes.19 Q. How did Pete sign it?20 A. I sent them from where I was. I sent21 them to him by -- I use FedEx or UPS.22 Q. Did he send them back to you?23 A. They're here, so I guess he did -- or24 either he gave them to me, or I may have gone25 directly there. I don't know.

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1 Q. Why didn't you file this with your first2 filing of Jefferson County?3 A. What first filing?4 Q. You filed an affidavit in February of5 2008.6 A. Why didn't I file this?7 Q. Yes.8 A. I don't know. I -- I prepared an9 affidavit and filed it.

10 Q. Did this document exist in February of11 2008?12 A. I'm sure it did. I think the affidavit13 essentially says the same thing. The reason that14 it terminated the authority was our concern about15 this problem.16 Q. Why didn't you include this with the17 affidavit?18 A. There's no reason to.19 Q. Okay. You included the December 13th20 minutes?21 A. I don't know why they aren't attached.22 There's no reason to.23 Q. It's your testimony that they existed?24 A. Yes.25 Q. Okay. You don't know what computer they

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1 were made on?2 A. No.3 Q. They were typed by you?4 A. Yes.5 Q. On a computer?6 A. Yes, I would have used a computer.7 Q. Somewhere?8 A. That's right.9 Q. Okay. Do you have travel receipts?

10 A. Travel receipts?11 Q. Do you know where you were on December12 7th of 2007?13 A. I could probably determine that.14 Q. Okay. Can you find that out and tell me?15 A. I'll tell my attorney and --16 Q. I'm asking you to tell me.17 A. No, I can't do that -- I'm not going to18 contact you directly. I can't --19 Q. You're refusing to provide information?20 A. I don't have it.21 Q. Okay.22 A. Okay?23 Q. You'll get it?24 A. No. You talk to my attorney about that.25 Q. Will you get it? Yes or no? Will you

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1 get the information?2 A. I will look for it and see if I have it.3 Q. Thank you.4 MS. TRANEL: I'll have that marked as the5 next deposition exhibit.6 (Whereupon, Deposition Exhibit No. 357 was marked for identification.)8 Q. (By Ms. Tranel) I un -- I understand9 that you -- your testimony to be that Bob's

10 authority to negotiate contracts was terminated in11 December of '07?12 A. His power to transfer property is what my13 testimony was -- was terminated.14 Q. Okay.15 A. To terminate any authority to transfer,16 not negotiate. N -- I didn't say negotiate. I17 read this from the minutes.18 Q. Tell me what was terminated in December19 of '07?20 MR. MEYER: Objection: Asked and21 answered.22 Q. (By Ms. Tranel) You can answer the23 question.24 A. It's the same thing I read before in the25 minutes of December 13th, 2007. You want me to

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1 read what --2 Q. (By Ms. Tranel) No, I don't. I want you3 to tell me specifically what it was that was4 terminated in 2007 --5 MR. MEYER: Objection --6 Q. (By Ms. Tranel) -- with respect to Bob7 Donat's authority in S & C Corporation?8 MR. MEYER: Objection: Calls for a9 conclusion.

10 Q. (By Ms. Tranel) You can answer the11 question.12 A. Well, I can't give you an opinion about13 it; I can only read what is here.14 Q. Okay. It --15 A. "Voted to terminate any authority by16 Robert Donat to transfer in any manner any real or17 personal property out of the name of S & C18 Corporation."19 Q. Okay. I'm going to hand you an e-mail20 from yourself to an ATF agent. If you could look21 at the bottom of that e-mail and read that for me?22 A. "Could you please advise me if there's23 any action required by me or Peter Koeck in order24 that the guns/ammunition re -- recovered from R.25 Donat be returned to us at the appropriate time.

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1 Also, do you have any idea when the return of2 these items is expected?3 "Thanks, Don Bernard."4 Q. Okay. When you're talking about the5 real and personal -- you can give that back to6 me --7 A. The what?8 Q. When you're talking about the real and9 personal property of Peter Koeck that Pete -- that

10 Bob Donat had authority over, what property are11 you talking about?12 A.. The property owned by the corporation13 were the remaining lots in the subdivision.14 Q. That had not been sold yet?15 A. That we understood had not been sold..16 Q. Do you know which lots you're talking17 about?18 A. All the remaining unsold lots.19 Q. Can you identify those lots?20 A. The descriptions are in the affidavit --21 tho -- those lots.22 Q. Do you know where they are?23 A. I know they're in the subdivision.24 Q. Okay. Do you know specifically in the25 subdivision where they are?

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1 A. You mean if I could walk to them and2 point to them?3 Q. Mm-hmm.4 A. No.5 Q. Okay. Do you know who Marcie Campbell6 is?7 A. Yes.8 Q. Who is she?9 A. Well, Marcie is, um -- I don't know what

10 her official position is. She works at Mini11 Storage -- American Mini Storage --12 Q. Where --13 A. -- I believe.14 Q. -- where is that?15 A. In Missoula.16 Q. Have you ever talked to her?17 A. Yes.18 Q. When?19 A. When we executed the contract on the20 storage unit there.21 Q. Who executed?22 A. I did.23 Q. Okay. What contract?24 A. What what?25 Q. What contract?

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1 A. The rental -- or the lease of that unit2 there.3 Q. When did you -- when did you con --4 execute that?5 A. That would have been about April or May6 of 2007 -- I think it was. I don't have it in7 front of me, so --8 Q. What did you --9 A. -- whenever it was. It was -- let me

10 think. No, about 2008 -- it must have been in11 2008, but I -- if you have it, I can look at it.12 The date would be right on there.13 Q. Why did you lease a contract --14 A. Why did I --15 Q. -- why did you lease a storage --16 A. Because Pete's guns collection was there,17 and I was the custodian at that point.18 Q. Why were you the custodian?19 A. He requested it.20 Q. And who was a cus -- who was a custodian21 for you?22 A. The unit was in the name of Yvonne Donat.23 Q. How do you know that?24 A. I -- I have the contract.25 Q. Where is it?

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1 A. I have it in -- I guess, in my file.2 Q. You have a copy of it?3 A. Yes.4 Q. Okay. Did you call Marcie?5 A. Yes.6 Q. Okay. And what did you say to her?7 MR. MEYER: Objection: Vague, as to8 time.9 MS. TRANEL: You can answer the question.

10 A. I don't have any independent recollection11 of what I said to her. The first time -- I don't12 even remember the date or the time.13 Q. Okay.14 A. If you have that information --15 Q. You said it was in April of 2008?16 A. I said A --17 Q. Approximately.18 A. Approximately. Sometime in that.19 Q. Okay. And how did you transfer the20 storage facility to your name?21 A. She talked to -- at some point -- to22 Yvonne Donat.23 Q. Who talked to Yvonne?24 A. Marcie.25 Q. How do you know that?

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1 A. She told me she did.2 Q. Okay.3 A. And it was released to me -- that unit.4 And so they sent me the contract.5 Q. How was it released to you?6 A. The person that signed on the lease was7 Yvonne. And then either she or Bob Donat put in8 the mail a copy of the contract and the keys and9 mailed them to me in the U.S. mail.

10 Q. Okay. Did you go to Missoula?11 A. I have been to Missoula, yes.12 Q. Did you go there to meet Marcie?13 A. I have met her, yes.14 Q. Did you go there in April to meet Marcie?15 A. No.16 Q. Okay. When did you go there to meet17 Marcie?18 A. I don't recall.19 Q. Do you know --20 A. Sometime after that.21 Q. No idea when? Summer?22 A. I don't recall when I went there.23 Q. Okay. Why did you go there?24 A. I went there to see if everything was in25 the storage that was supposed to be there and made

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1 a inspection trip over. It was to look inside.2 Q. Did someone ask you to make that trip?3 A. Peter asked me to do it because I was a4 custodian. He said, "Go check and see if5 everything is in there, including the ammunition."6 Q. Okay. And you went?7 A. Yes.8 Q. And what did you find?9 A. It appeared to me that most everything

10 was in there from the inventory.11 Q. All right. Did you make any other trips12 after that to Missoula?13 A. I believe I made another trip, also, um,14 shortly after that. I -- I don't remember the15 date.16 Q. They were pretty close together, the two17 trips?18 A. I believe so.19 Q. Okay. And what was the purpose of your20 second trip?21 A. I was -- I was going to do a count at22 that time of the number of boxes. I looked inside23 to see how many boxes were in there.24 Q. What did you find?25 A. I found there were boxes in there.

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1 Q. Okay. And is this the second trip?2 A. Yes.3 Q. Okay. Did you make any other trips after4 that?5 A. Yes, when I received a call from Marcie6 that there was a problem over there.7 Q. What was the problem?8 A. She said someone named Bob Donat was very9 excited and emotional. I wasn't there.. And it

10 sounded really -- very bad to me, that something11 was going on. I asked her what it was, and she12 said she thinks that he was getting in there, and13 who is he, or -- and I said, "Well, he has no14 right to go in there. How can he get in there?15 He doesn't have the key code." And she said,16 "Well, you know, he could always stand there and17 wait for someone else to open the door to get in.18 And he says he has a key." I said, "Well, that's19 impossible. He sent me two keys, and I asked you20 how many keys there were way back," and she said21 two at the time. She said, "Well, no, I think22 there were three." So, anyway, that's what23 happened. I went over there then.24 Q. That day?25 A. I didn't find out until Monday morning.

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1 She said he was over there Friday.2 Q. She called you Monday morning?3 A. I returned -- she called me Friday. I4 called her back; she was gone. I didn't know what5 the call was about.6 Q. What phone number did she call you on?7 A. My home number.8 Q. Which is what?9 A. 494-6883.

10 Q. Okay. Do you have an answering machine?11 A. Yes.12 Q. She left a message?13 A. Yes.14 Q. Okay. Have you erased it?15 A. The message she left?16 Q. Yes.17 A. Of course.18 Q. All right. You called her back Monday19 morning?20 A.. No. I tried to call her at her home on21 Saturday.22 Q. She left you her home phone number?23 A. No. I looked in the book because she24 sounded excited. And I didn't know what was going25 on, so I was really concerned.

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1 Q. You called her at home?2 A. But no one answered --3 Q. Did you leave a --4 A. -- or they had an answering machine,5 maybe. I think I left a message there. Then she6 called me on Monday.7 Q. And said what?8 A. She told me that there's a real9 problem -- that's when she told me there's a

10 problem there.11 Q. Okay. Did you go over that day?12 A. Yes.13 Q. And what did you find?14 A. It was empty.15 Q. So prior to this trip, you took three16 trips over there?17 A. No. Two, I think..18 Q. This was your third?19 A. I believe that's correct.20 Q. All right. What did you do when you21 found out it was empty?22 A. I went in and asked her what was going23 on, was there any security that -- why didn't they24 have security to keep people from breaking in.25 And she said they didn't have physical people

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1 standing there; the office is around the corner,2 and they couldn't control who went in and out.3 Q. Did Marcie tell you she was there when4 Bob came over?5 A. Yes.6 Q. Okay. So you had a conversation with7 Marcie once you got there?8 A. Yes.9 Q. What time of day was that?

10 A. Probably around noon.11 Q. All right. And then what did you do12 after that?13 A. I went to the police station.14 Q. In Missoula?15 A. Yes.16 Q. And what did you do there?17 A. I filed a report.18 Q. Okay. Did you keep a copy of it?19 A. No. I gave a verbal report to the20 police.21 Q. Do you know who you talked to?22 A. I don't recall his name. It's a police23 officer there --24 Q. All right.25 A. -- at the complaint desk.

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1 Q. All right. And then what did you do?2 A. I left.3 Q. You went home?4 A. Yes.5 Q. Okay. I'm going to hand you a letter6 that's dated November 3rd, 2008, from your7 attorney to me. I'd like to direct your attention8 to that highlighted section there. And the first9 one says: "My clients will drop the charges."

10 What charges are being referred to?11 A. The complaint that I filed over there12 against the -- all of the guns being taken and the13 ammunition.14 Q. Okay. What does the second highlighted15 part say?16 A. Says: "We'll pursue all legal remedies17 available to them while cooperating fully with the18 police investigation of this felony theft."19 Q. Okay. What did you do after you reported20 it to the Missoula police?21 A. I waited for them to find out what22 happened and try and recover the guns.23 Q. Did you report it to anybody else?24 A. No.25 Q. Did you ever contact the FBI?

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1 A. I made no contact with anyone else about2 it, other than the Missoula Police Department.3 Q. Did you ever contact the FBI?4 A. No.5 Q. Did you ever contact Secret Service?6 A. You mean call these people --7 Q. Yes.8 A. -- no, I did not call them.9 Q. Do you know who Tad Downs is?

10 A. Yes.11 Q. How do you know him?12 A. Because he contacted me.13 Q. When did he contact you?14 A. It was one -- I think it was either15 that -- within a couple days of the -- of the time16 that I reported this to --17 Q. Did you meet with him?18 A. I met with him.19 Q. And what did you say?20 A. There's a lot going on, and frankly, I21 don't have much of a recollection at that time. I22 was under heavy medication at the time.23 Q. What medication?24 A. It was a pain medicine. I'd had surgery25 on Friday. I couldn't even drive over there. My

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1 wife had to drive me. I couldn't even drive.2 Q. What'd you have surgery for?3 A. Implants -- teeth, two teeth.4 Q. What kind of pain medication were you on?5 A. I couldn't tell you the name of it.6 Q. Okay.7 A. So my recollection is very foggy about8 all that.9 Q. Did you tell Tad you were under the

10 influence of narcotics when you talked to him?11 A. I don't recall if I did or not.12 Q. Okay. Did you meet with him at any other13 point after that?14 A. No.15 Q. That was the only time you met with him?16 A. I think that -- that was the only time,17 one time.18 Q. Did you ever talk to him on the phone?19 A. Yes.20 Q. When?21 A. Oh, within 24 or 48 hours of that event22 -- brief conversation.23 Q. You called him?24 A. No.25 Q. He called you?

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1 A. He called me.2 Q. At home?3 A. Yes.4 Q. And you were still under narcotics?5 A. Yes.6 Q. Did you ever talk to him at any other7 time?8 A. No.9 Q. Okay. So all the conversations you had

10 with Tad Downs, you were under narcotics?11 A. That's right.12 Q. Do you recall those conversations -- at13 all?14 A. Not very well. I was really out of it15 that week.16 Q. Do you know Mark Sailer?17 A. Yes.18 Q. How do you know him?19 A. He came with, um, Tad.20 Q. Did he identify himself?21 A. Yes.22 Q. And who was he with?23 A. He was with Tad and Brian.24 Q. Who's Brian?25 A. Brian -- I don't remember his last name.

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1 He's from the Montana criminal investigation2 department.3 Q. Is that how I -- he identified himself?4 A. Yes.5 Q. How did Tad Downs identify himself?6 A. Secret Service.7 Q. And Mark Sailer?8 A. FBI.9 Q. And you talked to them all at the same

10 time?11 A. Yes.12 Q. Okay. Did you ever talk to Mark Sailer13 other than that time?14 A. Did I talk to him at that time? Yes,15 I --16 Q. Did you ever talk to him other than that17 time?18 A. Yes.19 Q. Where?20 A. I don't recall, but he either -- he21 called me or I returned a call to him. He22 called --23 Q. Before that personal meeting or after it?24 A. No, after.25 Q. Okay. And when was that?

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1 A. I don't know.2 Q. Weeks? Months? Days?3 A. I don't know.4 Q. Did you -- did you have more than one5 conversation with Mark?6 A. I had more than one.7 Q. How many?8 A. I don't recall. I -- I met with him one9 time and after that, had talked to him on the

10 phone once, that I can recall.11 Q. You don't recall any other phone12 conversations with him?13 A. I had one with him -- yes, I recall14 another, um, recently, to find out about the15 transfer of the guns. I didn't know when they16 were going to be transferred back.17 Q. Other than that, have you talked to him?18 A. I met him accidentally in the parking19 lot.20 Q. Where?21 A. In Butte.22 Q. Did you talk?23 A. Yeah.24 Q. About what?25 A. We talked about -- just general things.

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1 Q. Did you talk about Bob?2 A. I don't believe we talked about Bob at3 all at that time.4 Q. Okay. What did you ask him about the5 guns for?6 A. We expected them back by now, and we -- I7 just wanted to know when they were going to be8 released.9 Q. What did he tell you?

10 A. He said, "Soon."11 Q. Did they give you a date?12 A. No.13 Q. Did you ever talk to Brian again?14 A. No.15 Q. Did he call you?16 A. After that? Oh, yes, I did speak to him17 briefly -- but recently.18 Q. When?19 A. It's been -- a couple of days ago, just a20 brief conversation about who was in charge of the21 investigation. I wanted -- I told him that I22 thought that I needed to know because of this23 deposition whether I could testify anything about24 what he was doing and what I -- any conversation I25 had with him.

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1 Q. You called him?2 A. Yeah. Just to clear it because of the3 confidential criminal information act. I didn't4 know.5 Q. Did you file papers with these agencies?6 A. No.7 Q. Did you take any -- give any written8 statements?9 A. No.

10 Q. Did you give any oral statements?11 A. To the agencies?12 Q. Mm-hmm. These people you talked to --13 A. I talked to the people -- I told you they14 came to my house.15 Q. Did you sign anything?16 A. No.17 Q. Have you talked to Pete about the guns?18 A. When?19 Q. Have you ever talked to Pete about the20 guns?21 A. Yes.22 Q. When?23 A. I reported to him that the guns were24 stolen, as far as I could tell, and I didn't know25 how it happened.

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1 Q. Did you tell the Missoula police they2 were stolen?3 A. Yes. I told them they were stolen from4 my storage unit. I gave them a copy of the5 agreement that I had with the storage unit, and I6 said, "The guns are gone; the ammunition's gone."7 Q. Did you ever make an inventory of the8 guns that were held in that storage facility?9 A. I had the inventory.

10 Q. Who made that inventory?11 A. My son.12 Q. Your son?13 A. That's correct.14 Q. Is that what you said?15 A. Yeah.16 Q. Okay. Which son?17 A. My youngest son.18 Q. What's his name?19 A. Kobe.20 Q. Where does he live?21 A. He goes to the university here.22 Q. Does he live on campus?23 A. Yes.24 Q. Okay. What dorm?25 A. What difference does it make?

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1 Q. Do you know what dorm he lives in?2 A. Yes, I know which one.3 Q. Okay. Which one is it?4 A. Quad C.5 Q. Okay. How many times did he go to6 Missoula with you?7 A. How many times do I go to Missoula?8 Q. How many times did he go to Missoula with9 you -- for the trips that you made --

10 A. Oh --11 Q. -- to check on the storage facility?12 A. -- he didn't go to Missoula with me to13 check.14 Q. Okay.15 A. He did the inventory before.16 Q. When did he do the inventory?17 A. I don't recall the date, but I think it18 was somewhere around 2005, 2006.19 Q. How would he have had access to that20 storage facility --21 A. Because --22 Q. -- in 2006?23 A. -- they were in a container that Donat24 had. He was keeping the guns --25 Q. Did --

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1 A. -- at that time for Pete.2 Q. Where did he do the inventory?3 A. At his place --4 Q. Whose --5 A. -- at Donat's place.6 Q. -- place? He went to Bob's place?7 A. Yes.8 Q. Was Bob there?9 A. Yes.

10 Q. Okay. So he did it with Bob?11 A. Yes.12 Q. They went through it together?13 A. I don't know if they went through it14 together. I know they made the inventory.15 Q. Okay. What year was that?16 A. I don't have it with me, but I believe it17 was somewhere around 2005.18 Q. Summer?19 A. I don't know.20 Q. How old would your son have been in 2005?21 A. He would have been, at that time, 15.22 Q. Okay. Was he driving?23 A. Yes..24 Q. Did he drive up there by himself?25 A. Yes.

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1 Q. And did an inventory with Bob?2 A. Yes.3 Q. Okay. Was there anybody else there that4 you know of?5 A. I wasn't there. I don't know who all was6 there.7 Q. But you know your son was there?8 A. Yeah.9 Q. All right. And you had that inventory

10 when you went to Missoula to check on the con --11 the storage facility?12 A. Yes.13 Q. Okay. Was that the inventory you were14 using?15 A.. Yes.16 Q. Okay. And the first two times you17 went --18 A. Yes.19 Q. -- everything was in order?20 A. It seemed to be.21 Q. Did you --22 A.. I didn't open every box, no.23 Q. Did you take the inventory with you?24 A. Yes.25 Q. Okay. Did you ever make any statements

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1 to any other government agencies about Bob Donat?2 A. Not that I can recall.3 Q. Did you ever talk to the Department of4 Homeland Security?5 A. I didn't know anyone at Homeland6 Security --7 Q. Did you ever --8 A. -- at all.9 Q. -- make any online statements?

10 A. No.11 Q. E-mail?12 A. I didn't contact any other agencies at13 all. They contacted me and that was the end of14 it.15 Q. Any other agencies besides those three16 that you mentioned?17 A. Right. Those were --18 Q. Those --19 A. -- they contacted me; I didn't contact20 them and I didn't contact any other agencies.21 Q. Okay. Did you meet with Bob in the22 summer of 2007?23 A. Yes.24 Q. Where?25 A. I think he came to my house.

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1 Q. He came to your house?2 A. I believe that's when he picked up the3 guns that he had left with me to take to Pete.4 Q. Which guns were those?5 A. I don't recall where they were. They6 were in two containers.7 Q. Big containers or little containers?8 A. Gun containers.9 Q. How big were they?

10 A. The kind you buy at a sportsman store..11 Plastic -- hard, black plastic.12 Q. Were they big?13 A. Well, they're big enough for rifles.14 Q. How heavy are they?15 A. Well, the package itself is not heavy;16 it's the gun that's heavy.17 Q. Okay.18 A. They hold two.19 Q. And you had two of them at your house?20 A. He had left them there.21 Q. Who?22 A. Bob Donat.23 Q. Were they Bob's guns?24 A. No, they were Pete's guns.25 Q. Why did Bob leave them at your house?

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1 A. He wanted me to take them down there.2 Q. Down where?3 A. To Argentina.4 Q. Okay. Why didn't you?5 A. I didn't want to take them down --6 there's no way for me to take them through and7 leave them there, from my understanding, of -- I8 checked and they said I'd have to bring them back9 out -- the customs people. So I said, "Come get

10 them; I don't want them."11 Q. You -- you told that to Pete?12 A. I told Pete that.13 Q. To come and get them?14 A. No. I told Bob Donat to come and get15 them. I told Pete that I wasn't going to bring16 them down.17 Q. Okay. When did you tell Bob to come and18 get them?19 A. I don't remember. Sometime during that20 year.21 Q. Okay. When did Pete leave them at your22 house?23 A. Pete didn't leave them at my --24 Q. I'm sorry, when did Bob leave them at25 your house?

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1 A. I don't recall. It was sometime earlier2 than that summer.3 Q. Earlier than the summer of what?4 A. 2007.5 Q. Okay. How long had they been at your6 house: A year? A month? A day?7 A. Several months.8 Q. Several months? Okay. So he left them9 there in the winter?

10 A. Oh, I don't know what season it was.11 Q. I don't understand why Bob left them at12 your house.13 A. I don't either.14 Q. Did he call you and ask you if he could15 leave them there?16 A. Bob did whatever he wanted to do. He'd17 come -- sometimes he'd announce he was coming and18 not show up; sometimes he'd show up without19 calling. So --20 Q. He didn't a -- so did -- did he ask --21 A. He said, "Here, take them, and take them22 to Pete."23 Q. Okay.24 A. Okay?25 Q. Did he ask you in person or on the phone

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1 or --2 A. I don't recall on that occasion whether3 he asked me in person or just brought them.4 Q. Okay. So --5 A. I didn't keep track of it.6 Q. -- he showed up at your house with some7 guns?8 A. And said, "Next time you go to Argentina,9 take these with you."

10 Q. And did -- what did you say?11 A. I said, "Okay. I'll check on it." I did12 check on it later --13 Q. Mm-hmm.14 A. -- and I -- I didn't think it was a good15 idea because you have to bring them back out. I16 couldn't take them down there and leave them.17 Q. So Bob came back to get the guns?18 A. Yes.19 Q. And when was that?20 A. I told you, I don't know. It was21 sometime in the summer.22 Q. The summer of what year?23 A. 2007.24 Q. Okay. And that was the only time you met25 with him in Whitehall that summer?

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1 A. Now, are you talking about in Whitehall2 or at my house?3 Q. At -- anywhere in Jefferson County --4 anywhere in Montana?5 A. No. I met with him on several occasions.6 Q. Anywhere in the world. In 2007, you met7 with him in -- on several occasions?8 A. I don't know the dates. Between 2004 and9 2007, I met with him on several occasions.

10 Q. I'm talking about the summer of 2007 --11 A. Oh, I can't tell you more than --12 Q. -- about 18 months ago.13 A. Yeah, 18 months ago, I gave him the guns14 back.15 Q. Okay. And did you have any other16 meetings with him that summer that you remember?17 A. No.18 Q. Okay. What was your conversation with19 him when he came to get his guns?20 A. I have no idea what my conversation was.21 Q. You don't remember what you talked about?22 A. No.23 Q. Okay. Had Bob --24 A. Except to get -- tell him that I can't25 take the guns. "I'd like for you to take them and

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1 put them back in storage," wherever that was.2 Q. Have you told anybody else that you3 talked to Bob Donat in the summer of 2007?4 A. No.5 Q. Did you tell Tad Downs that you met with6 Bob Donat in the summer of 2007?7 A. I don't recall whether I told him or not.8 Q. Did you tell Mark Sailer that you met9 with him in the --

10 A. I don't know.11 Q. -- summer of 2007? Did you tell Brian?12 A. I don't know.13 Q. You don't remember?14 A. I don't remember.15 Q. Was anybody recording that conversation?16 A. I don't recall any recording.17 Q. Did anybody ask if they could record it?18 A. I don't recall that.19 Q. Okay. If they'd asked you, would you20 have said yes?21 A. That's speculation. I don't know what I22 would have said at that time. I was not feeling23 very well.24 Q. Do you know if Pete keeps very good25 records of his spending?

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1 A. I don't know what he keeps down there.2 Q. Is Pete rich?3 A. What?4 Q. Is Pete rich?5 A. What is "rich"?6 Q. Does he have a lot of money?7 A. That's really speculative. I --8 Q. Do you know?9 A. I don't know what all he has.

10 Q. Do you know if he has more than a million11 dollars?12 A. I don't know exactly what he has, but I13 -- I expect it's more than a million dollars.14 Q. Okay. Did Peter use S & C funds to buy15 personal items?16 A. I don't recall him buying personal items.17 Like what?18 Q. Did Peter ever get a paycheck from S & C?19 A. Oh. Now, he receives a paycheck, yes.20 Now, what he uses that for, I don't know.21 Q. When did he start getting a paycheck from22 S & C?23 A. I don't remember the start date, but it24 would be in the minutes.25 Q. What was the purpose of him getting a

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1 paycheck from S & C?2 A. To demonstrate that he has some source of3 income.4 Q. Who was he trying to demonstrate that to?5 A. To the government.6 Q. What government?7 A. Argentina.8 Q. Why?9 A. He was, um, applying for residency, and

10 they wanted to see that it wouldn't become a11 burden on the country somehow, and so -- that's12 what he gets.13 Q. So you dummied up some minutes?14 A. Dummied up?15 Q. Created --16 A. Well --17 Q. -- you created an income for him?18 A. Well, he's the president. He's entitled19 to be paid.20 Q. He had an income before that?21 A. From S & C?22 Q. Yeah.23 A. No.24 Q. So you just created this for purposes of25 providing something --

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1 A. Well, he wanted --2 Q. -- to the Argentine government?3 A. -- he wanted to show that he had income.4 He could take it out when he wanted anyway.5 Whatever that he had put in, if there was any6 surplus, then he could pay himself.7 Q. Where did the corporation get money from,8 if you know?9 A. The money was transferred in, as we

10 discussed before -- the $1.1 million.11 Q. That was Pete's?12 A. Yes.13 Q. Okay. Where else did it get money from?14 A. Well, there were -- there must have15 been -- in -- into that account, you mean? Or the16 -- there were sales, you just showed me, and I17 assume that's correct, that there -- there were18 lot sales and that's where money came from.19 That's what the business was.20 Q. Was there any other source of revenue for21 S & C Corporation?22 A. Not that I'm aware of.23 Q. Did you go on any hunting trips with24 Peter?25 A. No. Donat did; I didn't.

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1 Q. Why not?2 A.. I was busy.3 Q. Did Peter go to Argentina on hunting4 trips?5 A. I believe he did.6 Q. Before he moved there?7 A. Yes, I believe so.8 Q. Who paid for those hunting trips?9 A. For Peter?

10 Q. Mm-hmm.11 A. He paid for them.12 Q. Out of his personal funds or out of the13 corporation?14 A. I don't recall anything being paid by the15 corporation. He wasn't here.16 Q. So Peter didn't use the company funds for17 any of his personal expenses, as far as you know?18 A. No, I'm not saying that. I don't recall19 because I didn't really control that Glacier20 account; Bob Donat did.21 Q. Um, were there any corporate S & C credit22 cards, do you know?23 A. I'm not aware of any.24 Q. Did you ever use one?25 A. No.

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1 Q. Did you ever see Pete use one?2 A. No.3 Q. Did you ever see Bob use one?4 A. No.5 Q. Okay. Have you told the people in the6 Whitehall community that Bob is a liar and a7 thief?8 A. No.9 Q. Have you ever talked to other people in

10 the Whitehall community about Bob?11 A. People have talked to me about Bob. I12 haven't talked to them about Bob, as far as I13 know, other than -- yes, we've -- I've discussed14 Bob.15 Q. What do you say --16 A. I mean, everybody talks about everybody17 in Whitehall.18 Q. What do you say about Bob when you talk19 about him?20 A. When I talk about him -- if I ever talk21 about him -- I haven't talked to him -- about him22 for a very long time. I -- I don't -- I -- I23 don't know. I -- I haven't -- I can't even24 recall because I don't talk to people.25 Q. Have you told people that he stole from

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1 the corporation?2 A. No.3 Q. You said that you tried -- stayed at the4 Hilton Hotel. Is that in Buenos Aires?5 A. On that occasion, I did.6 Q. Okay. What other hotels have you stayed7 at in Buenos Aires?8 A. Sheraton and then some other . . .9 Q. Have you stayed at the Claridge Hotel?

10 A. Yes.11 Q. And how do you pay for those hotels?12 A. I don't recall now how I paid for it.13 Q. Do you pay with a credit card or with14 cash?15 A. Not cash. I don't --16 Q. You pay with a credit card?17 A. I would have paid by credit card.18 Q. Your own?19 A. I don't recall which one I used.20 Q. Do you have one for the corporation?21 A. No.22 Q. Okay. Do you have one for Glacial23 Energy?24 A. Yes.25 Q. Do you use that one to pay for your

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1 trips?2 A. It depends on whether I'm doing anything3 for Glacial. Otherwise, I use mine.4 Q. Okay. How do you pay for your airline5 tickets?6 A. To where?7 Q. Well, when you fly to Buenos Aires.8 A. When I -- whenever I go -- it depends on9 what business I'm going on, and I use a card for

10 that, whichever card it is.11 Q. Which card do you use?12 A. Depends on the trip. What -- what trip13 are you talking about?14 Q. When you go to Buenos Aires, which card15 do you take?16 A. I don't recall. It's irrelevant because17 it doesn't make any difference.18 Q. Are you reimbursed from S & C Corporation19 for your trips?20 A. I believe I was on one or two occasions,21 yes.22 Q. Okay. And do you give them -- do you23 give receipts, invoices?24 A. Um, I don't know if that -- I have put25 the invoices in a file for S & C. No, I don't

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1 know that.2 Q. Okay --3 A. I --4 Q. -- how do you reimburse?5 A. Whatever it costs, then I reimburse.6 If -- I think on one occasion, I did that.7 Otherwise, I would have paid for it.8 Q. How do you do that? Do you write9 yourself a check?

10 A. Yes.11 Q. And you sign it?12 A. I believe that's what I did on that one13 occasion.14 Q. Does Pete authorize it?15 A. Pardon?16 Q. Does Pete authorize it?17 A. Yes.18 Q. How much money did you reimburse19 yourself?20 A. I can't be sure, but I believe about21 $2500.22 Q. Okay.23 A. On -- yes.24 Q. Has Peter ever had a credit card?25 A. Mmm, I don't -- I don't know. I -- I

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1 have no idea.2 Q.. Has Pete purchased surveillance3 equipment?4 A. Surveillance equipment like what?5 Q. Do you know?6 A. What is suvre -- surveillance equipment?7 Q. Thermal imaging cameras?8 A. Yes, he has one.9 Q. How'd he buy it?

10 A. I have no idea.11 Q. Okay. Have you ever been on a Golden12 Stag Safari?13 A. Have I been on --14 Q. Have you ever been at a safar -- safari15 convention?16 A. No.17 Q. A Safari Club convention?18 A. No.19 Q. Okay.. Does Pete go on them?20 A. No, not that I have heard.21 Q. Okay. Have you ever told anybody that22 you're sending Bob Donat to federal prison?23 A. No.24 Q. You said that you were under heavy25 narcotics went you talked to Mark Sailer and Tad

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1 Downs. Is that right?2 A. Yes.3 Q. Okay. Have you ever been diagnosed with4 any kind of mental condition?5 A. I was talking about surgery. And never6 diagnosed with any kind of mental condition that7 was abnormal in any way, shape, or form.8 Q. Okay. Have you ever been terminated from9 any of your positions --

10 A. No.11 Q. -- with corporations? Ever been fired?12 A. No.13 Q. Ever been reprimanded?14 A. No.15 Q. Questioned?16 A. No.17 Q. Okay. Did you ever talk to Bob Blake?18 A. Who?19 Q. Bob Blake. Do you know who Bob Blake is?20 A. He -- I think he's a detective.21 Q. Okay. Did you ever meet with him?22 A. I've talked to him, yes.23 Q. Did he contact you?24 A. I called him.25 Q. Why did you call him?

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1 A. Because Donat filed a complaint with the2 Montana State Bar and used him as a reference, so3 I called him and said -- asked him why.4 Q. Mm-hmm. What did he say to you?5 A. He said he never talked to Bob Donat6 about me.7 Q. Okay. Did you tell Bob Blake you were an8 attorney?9 A. No. Quite the contrary. He knows what

10 business I'm in.11 Q. What business are you in?12 A. Power business. He knows that.13 Q. He knows you're in the power business?14 A. He knows I'm in the power business.15 Q. Do you own an airplane today?16 A. Not in my name. We have three.17 Q. What are they?18 A. Um, the corporation owns them, and19 they're a Cessna 401, an Airban, and a Cirus.20 Q. What are they? Cessna 401? What's the21 second one?22 A. Skyban.23 Q. How do you spell that?24 A. S-k-y-b-a-n..25 Q. Okay. What's the third one?

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1 A. Cirus.2 Q. Spell that for me.3 A. C-i-r-u-s.4 Q. Okay. Who owns those planes?5 A. The -- the names -- two of them are in6 Gemico.7 Q. Which ones are in Gemico's name?8 A. The 401 and the Skyban.9 Q. And whose -- owns the other one?

10 A. The other one is under an LLC, which is11 Franklin Marketing Group.12 Q. Okay. Who's Franklin Marketing Group?13 A. It's an LLC that is a Montana14 corporation.15 Q. What does it do?16 A. It is an arm of Glacial. We, um -- it17 provides a means for me to get around and go where18 I need to go, if that's what you mean.19 Q. Who flies it?20 A. I do.21 Q. Is there ever -- how often do you have to22 get your pilot's license renewed?23 A. There's no renewal. You have to go24 through recurrency and biannual flight checks.25 Q. How does that work? At the state level?

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1 A. No, federal level.2 Q. Okay. Where do you go to get that done?3 A. Wherever there's a flight instructor4 who's qualified to give that to you.5 Q. When was the last time you did that?6 A. I do it every year.7 Q. When?8 A. Whenever -- it has to be within 12 months9 of one another -- every 12 months.

10 Q. So you do it when you can?11 A. Yeah. Whenever you -- so you don't ex --12 let it expire.13 Q. What's the scope of that test?14 A. It's oral and flight both.15 Q. Okay. Vision? Do they care if you can16 see?17 A. That's not what you're asking me. That's18 a totally different thing. You're talking about19 flight proficiency. They don't -- they're not20 doctors. You have medicals. That's separate.21 Q. Okay. How does that work?22 A. You go to a doctor that's qualified to23 give you those exams.24 Q. And they say you can fly or not fly? Is25 that how it works?

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1 A. The bottom line is, yeah --2 Q. Okay.3 A. -- that would be correct.4 Q. I don't understand the process for having5 a pilot's license, so --6 A. Well, you --7 Q. -- maybe you can describe it to me.8 A. First, you have to get a medical, and9 then -- you have to go to a flight surgeon.

10 Q. Okay.11 A. That's someone that's designated with the12 proper training by the FAA.13 Q. Mm-hmm.14 A. And he or she gives you an exam --15 Q. Okay.16 A. -- that's very comprehensive.17 Q. That's when you get your license18 initially?19 A. No.20 Q. That's every year?21 A. Every year is what I --22 Q. Okay.23 A. -- I do that, okay?24 Q. Okay.25 A. Now, what is your other --

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1 Q. Well, I'm just --2 A. -- question?3 Q. -- asking how the ongoing flight --4 A. Oh, okay --5 Q. -- licensing --6 A. All right. That's one thing. The7 license -- you don't go get another license.8 Q. Okay.9 A. On the other side, you have to go to a

10 flight -- certified flight instructor --11 Q. Okay.12 A. -- and he or she gives you an oral13 examination --14 Q. Okay.15 A. -- and a flight test.16 Q. Okay. So you fly with them?17 A. Yes.18 Q. Okay. And they say --19 A. Okay.20 Q. -- you can fly for another year. Is that21 what they do?22 A. Yes.23 Q. Okay.24 A. And then this -- the third thing is,25 you -- if you fly and file instrument flight

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1 plans, you have to be certified that you can do2 that. So that's a different flight check --3 Q. Okay.4 A. -- and oral exam.5 Q. Okay.6 A. So you're examined -- you have three7 exams a year.8 Q. Okay. And you -- when was the last time9 you took those?

10 A. January and -- one in October, one in11 September, and there's -- the other one, I think,12 was March, a year ago. So there have been four,13 actually, in the past 12 months.14 Q. How often do you fly?15 A. Sometimes every week; sometimes every16 other week. Sometimes there's a -- if I'm out of17 town, it's three weeks.18 Q.. When was the last time you were up?19 A. Last -- I think it was last -- Saturday,20 a week ago.21 Q. Where do you keep your plane?22 A. At Butte.23 Q. Okay. So you take off and land from --24 A. Yes.25 Q. -- the airport there? Have you ever

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1 flown into Whitehall?2 A. No. If I go to -- that would be the3 place I'd al -- always land. No, not Whitehall.4 Q. And Butte?5 A. If I've -- I -- sometimes I -- no, I6 would never land in Whitehall, no. It's Butte.7 Q. Okay. Where was the last place you flew8 to?9 A. Um, I went down to Three Bridges and then

10 came back up to Butte.11 Q. Did you take passengers with you?12 A. No.13 Q. Do you usually take passengers with you?14 A. It just depends on what I'm doing.15 Q. Okay.16 A. I can only -- I can only tell you that17 this is typical of most pilots in Montana.18 Q. We'll take a short break, and then I19 think I've got just a few more questions for you.20 VIDEOGRAPHER: We are off the record at21 5:36 p.m.22 (Whereupon, the deposition was in recess23 at 5:36 p.m., and subsequently reconvened24 at 5:50 p.m., and the following25 proceedings were had and entered of

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1 record:)2 (Whereupon, Deposition Exhibit Nos. 36,3 37, 38 and 39 were marked for4 identification.)5 VIDEOGRAPHER: Back on the record at6 5:50 p.m.7 Q. (By Ms. Tranel) Okay. Don, you8 testified that Pete's getting paid about $900 a9 month?

10 A. It's a thousand.11 Q. A thousand dollars a month? Okay. U.S.12 dollars?13 A. Yes.14 Q. Okay. What account is that taken out of?15 A. Rocky Mountain Bank.16 Q. Okay. And who writes the checks?17 A. Its's wired.18 Q. It's wired to him? Who does the wiring?19 A. I do.20 Q. Okay. What account do you wire it to?21 A. It's an account in -- I think it's in La22 Pampa, in --23 Q. Is it in Pete's name?24 A. Yes, it's in his name.25 Q. Okay.

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1 COURT REPORTER: I'm sorry, what was that2 last thing you said? In --3 Q. (By Ms. Tranel) Can you spell La Pampa?4 A. La -- L-a P-a-m-p-a -- two words. That's5 a province. The city it's in is Santa Rosa.6 Q. In Argentina?7 A. In Argentina.8 Q. Okay. How is the money replenished?9 A. We haven't had to replenish the money --

10 Q. Okay. How much --11 A. -- because --12 Q. How much money is in the Rocky Mountain13 Bank account?14 A. Um, it's probably a balance of somewhere15 around eleven or twelve thousand, maybe. I don't16 know exactly, but it's something like that17 magnitude.18 Q. And Pete gets a wire transfer of 1,00019 every month?20 A. Yes.21 Q. And that's not automatic?22 A. No, it's not.23 Q. You go down to Rocky Mountain Bank and do24 it?25 A. Yeah.

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1 Q. Okay. So that'll last about another2 year?3 A. Yeah. Unless it's replenished.4 Q. Okay. You may have said this, but I5 don't remember what your answer is if you did.6 Who retains S & C lawyers?7 A. Which -- which lawyers are we talking8 about now?9 Q. You said there were five?

10 A. That had been used, yes.11 Q. Okay. Who retains --12 A. Oh, wait, no. S & C?13 Q. Yes.14 A. No, I didn't -- I didn't say S & C had15 five lawyers.16 Q. Okay.17 A. S & C has one lawyer right now here --18 well, then Luciano advises us from down there.19 Um --20 Q. "Down there" is Argentina? Is that21 right --22 A. In Santa Rosa. Those -- so there'd be23 two. I --24 Q. Who hires those lawyers -- who hired25 them?

Donald Bernard


87 (Pages 342 to 345)

342

1 A. S & C.2 Q. Who did it on behalf of S & C?3 A. Pete and I up here. Down there, it'd be4 Pete for whatever needs to be done.5 Q. Okay. You wire money to Pete. Is that6 right?7 A. Yes.8 Q. Do you ever carry money to him?9 A. Never.

10 Q. Does anybody else that you know of carry11 money to him?12 A. Yes.13 Q. Who carries money to him?14 A. I understood that Bob Donat did.15 Q. Anybody else?16 A. No.17 Q. Okay. I'm going to hand you an e-mail.18 Who is that e-mail from?19 A. This is from Joseph Walden. I -- it's20 from Joseph Walden to Bob Donat.21 Q. Okay.. What does it say? Can you read22 it?23 A. "When I met Bob at airport on my hunting24 trip to Argentina, Pete told me to pick up 10,00025 from him and bring it to him. I did this, and he

343

1 told me every time I come down to pick up 10,0002 and bring it to him. I only did this the one3 time.4 "Joseph Walden."5 Q. Okay.6 A. I don't know -- this is from Joseph to7 Bob..8 MS. TRANEL: We'll mark that as a9 deposition exhibit.

10 (Whereupon, Deposition Exhibit No. 4011 was marked for identification.)12 Q. (By Ms. Tranel) Did anybody else carry13 $10,000 to Pete?14 A. Well, I don't know if he did or not.15 That -- I've just seen that for the first time.16 Q. Okay. Do you know if anybody else17 carried $10,000 to Pete?18 A. I don't know of anyone other than Bob19 Donat.20 Q. Okay.21 A. And I only know that because he told me.22 So. . .23 Q. Okay. Did you ever review the S & C24 books with Pete Koeck?25 A. Which books?

344

1 Q. The corporate books -- the S & C books.2 Anything: S & C documents, minutes, ledgers --3 A. He --4 Q. -- tax returns, anything?5 A. Oh, he signed all -- he signed all of the6 minutes, so he read them.7 Q. Okay. Tax returns?8 A. No, I never reviewed tax returns with him9 because I didn't have them.

10 Q. Okay. Ledgers?11 A. I didn't have any ledgers because I12 didn't have any.13 Q. Bank accounts?14 A. I reviewed, I believe, in the Glacier15 account with him.16 Q. When did you review that with him?17 A. When I was down there.18 Q. When was that?19 A. I think it was the second time I was down20 there, in February of two thousand and -- that21 would be 2008.22 Q. You sat down with him?23 A. Yes.24 Q. And went over the bank account?25 A. The statements.

345

1 Q. Okay. What was the purpose of doing2 that?3 A. He wanted to see the statements and I --4 I brought them down to him.5 Q. He asked you to come?6 A. Yes.7 Q. Okay. So you went down there for the8 purpose of showing him the Glacier Bank account --9 A. Well --

10 Q.. -- statements?11 A. -- other things, too, but that was the12 main thing that I can remember, as far as any13 documentation from S & C.14 Q. Okay. Did you go through the profit and15 loss statements with him?16 A. There were -- we didn't have any.17 Q. Invoices?18 A. We didn't have any.19 Q. Receipts?20 A. We didn't have any.21 Q. Okay. You didn't submit them for22 reimbursement of your expenses?23 A. No, I didn't -- I didn't have any to24 submit to him at that time.25 Q. Did Bob review the books of S & C

Donald Bernard


88 (Pages 346 to 349)

346

1 Corporation with Pete, do you know?2 A. No, I don't know.3 Q. You -- does Pete have any mental health4 issues, do you know?5 A. No.6 Q. Any memory problems, do you know?7 A. No.8 Q. Any substance abuse problems --9 A. No.

10 Q. -- do you know? None?11 A. "Substance abuse," meaning what?12 Q. Alcohol, tobacco.13 A. Well, he drinks.14 Q. Okay. Is he an alcoholic?15 A. I don't know if he's an alcoholic. I'm16 not really qualified to say that, but he drinks.17 Q. How much?18 A. When I'm around him, he usually -- he'll19 drink -- he drinks wine.20 Q. Does Pete do what you say?21 A. In what respect?22 Q. In any respect.23 A. I would say that Pete is a very24 independent man. He does what Pete wants to do.25 Q. Do you act in any way in any legal

347

1 capacity for the corporation?2 A. None.3 Q. Have you ever drafted an affidavit for4 the corporation?5 A. Well, these affidavits that I filed, I6 drew them up for myself.7 Q. Have you ever drafted any affidavits that8 got filed in any litigation?9 A. I don't recall doing that. I don't know

10 what other litigation we've been involved in.11 Q. Did you ever get paid for drafting12 affidavits?13 A. No.14 Q. Okay. I'm going to hand you an e-mail15 from Pete to Bob Donat. Go ahead and read that16 out loud.17 A. "Bob, I'm going to include in the FedEx18 letter with the affidavit also the bill for the19 notary. If I get hold of the bills for the cab I20 had to hire to get me to find -- to and back home21 from the notary office, I also want to charge it,22 or charge FR. for the time I wasted with this23 case. I want you to do the same thing. This24 brain-dead motherfucker is supposed to pay for all25 the inconveniences we had.. I want included a

348

1 bill from Don for drafting the affidavit. I'll2 e-mail him separately regarding that. I'm going3 to tell him not to be too cheap. I want this4 piece of shit being buried in debt. I'll be at5 the notary in one hour from now and I'm also in a6 great mood over here. I had to take 500 SEC7 Mercedes in for service, paid $800, and it still8 ain't running right. My satphone tells me my9 battery's invalid and I can't charge the piece of

10 shit anymore. Looks like the motherfucker took a11 shit on me after I had it in my possession for two12 months. Looks to me like everything I'm touching13 lately turns into a turd. Fuck this planet,14 Frank, and the system and everything else. In15 case I die on the way to the notary in a suicide16 by cop incident, enjoy S & C and its assets. It's17 all yours, in case I take a shit; you're the only18 one who deserves it. Just give your kids all the19 hardware they like and say hi to them. They're20 good kids."21 Q. What's the date of that e-mail?22 A. 2005, June 15th.23 Q. Are you aware of any litigation with24 Frank Heilig?25 A. Yes.

349

1 Q. What was it?2 A. Um, I didn't handle that and -- since I3 really had no contact with it except through Bob4 Donat, and it was for recovery of a Hummer.5 (Whereupon, Deposition Exhibit No. 416 was marked for identification.)7 Q. Do you like Bob Donat?8 A. Do I like him?9 Q. Mm-hmm.

10 A. In what way?11 Q. Do you enjoy his company?12 A. Oh, I enjoy talking to Bob.13 Q. Mm-hmm.14 A. I don't have any problem with that.15 Q. Did you enjoy working with him with16 S & C?17 A. I really didn't work with him much. He18 worked directly with Pete.19 Q. Did you have any personal relationship?20 A. Like what?21 Q. Did you have dinner at his house?22 A. No.23 Q. Did he ever have -- ever have dinner at24 yours?25 A. No.

Donald Bernard


89 (Pages 350 to 352)

350

1 Q. Did he know your wife?2 A. Yes.3 Q. Did you know his wife?4 A. Yes.5 Q. I don't have any more questions. We'll6 adjourn the deposition. You'll have an7 opportunity to read and -- I don't -- do you have8 any questions?9 MR. MEYER: No. Thank you.

10 MS. TRANEL: You'll have an opportunity11 to read and sign your deposition. You can waive12 that if you want.13 THE WITNESS: No, I'd like to sign it.14 MS. TRANEL: Okay. We can go off the15 record.16 VIDEOGRAPHER: We're off the record at17 6:02 p.m.18 (Whereupon, the deposition was concluded19 at 6:02 p.m.; witness excused, signature20 reserved.)2122232425

351

1 DEPONENT'S CERTIFICATE23 I, DONALD BERNARD, the deponent in the4 foregoing deposition, DO HEREBY CERTIFY, that I5 have read the foregoing - 350 - pages of6 typewritten material and that the same is, with7 any changes thereon made in ink on the corrections8 sheet, and signed by me, a full, true and correct9 transcript of my oral deposition given at the time

10 and place hereinbefore mentioned.1112 ________________________13 DONALD BERNARD, Deponent.1415 Subscribed and sworn to before me this _____16 day of _________________, 2009.17181920 __________________________21 PRINT NAME:_______________22 Notary Public, State of Montana23 Residing at:______________24 My commission expires:____25 ARN - Robert Donat vs. S&C Corporation

352

1 C E R T I F I C A T E2 STATE OF MONTANA )

) ss3 COUNTY OF GALLATIN )4 I, Allison Nagel, Court Reporter - Notary5 Public in and for the County of Montgomery, State6 of Alabama, do hereby certify:7 That the witness in the foregoing deposition8 was by me first duly sworn to testify the truth,9 the whole truth, and nothing but the truth in the

10 foregoing cause; that the deposition was then11 taken before me at the time and place herein12 named, that the deposition was reported by me in13 shorthand and later transcribed into typewriting14 under my direction, and the foregoing pages15 contain a true record of the testimony of the16 witness, all done to the best of my skill and17 ability.18 IN WITNESS WHEREOF, I have hereunto set my19 hand and affixed my notarial seal on this the20 ______________ day of __________________, 2009.2122 _______________________________23 Allison Nagel, Court Reporter

Notary Public in and for24 The State of Alabama,

Residing at Bozeman, Montana25 My commission expires: 01/03/2012

Donald Bernard


353Donald Bernard


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104:20,22,23 121:6149:20,23 171:11178:1,16,20 179:21179:23,24 180:1183:19 275:15,16312:19accidentally 308:18accomplish 210:8account 5:11,14

101:15 102:3,5103:9,11,13 104:9104:21 105:8,9149:20,21 151:13170:2,9,10,25171:12,14,16,17,19171:22 172:1173:22 175:8,10,14175:21 176:2,20,24177:1,9,22,25 178:1178:5,14,17,23179:7,13 180:10,17180:25 181:10,16181:19 182:1,10186:5,13,15 188:13214:19,21 215:2,4216:15,18 239:1250:1 251:5,9 254:9256:5 258:6,7261:18 262:18263:21 268:20272:9 275:14,15,16

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added 23:4 178:22179:13 185:1,23addition 217:6

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354Donald Bernard


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141:21 161:5 266:3347:15aint 348:8airban 332:19aires 101:6 102:1

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332:15airplanes 57:22airport 337:25

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99:18 324:2arm 333:16arn 351:25arrangement 154:4articles 4:15 107:14

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355Donald Bernard


187:5,7 205:2associate 52:17associated 136:4associates 22:23assume 149:25

155:15,16 178:25179:10 180:4204:21 233:23258:13 324:17assumes 234:8 276:5assuming 264:24

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269:5,7atf 292:20atlantic 34:21atocha 71:21attached 11:20 12:5

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245:4,6attention 303:7attorney 3:2,8 7:9

47:13,17 49:4,777:21 89:22 96:2597:9 101:11 105:2118:21,22 124:25125:5 126:5,24132:11,13 135:18135:25 137:21,24147:7 148:11149:19 179:22,25187:16,20,25 188:3188:6 190:18199:19,22,23 200:1200:2,3,6,23,25201:22 202:11,13213:19 215:7218:24 219:3,7229:8,10 230:13,23235:19 258:23260:7 264:7,9

290:15,24 303:7332:8attorneyclient

124:20 125:21227:1 229:14 230:6attorneys 14:13

96:12 101:2 126:9137:25 138:1,9august 131:3,19austria 57:16 137:14author 178:4authority 188:9

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Bba 41:25back 30:14 36:17

42:25 43:2,7 51:272:20,21 74:16111:15 115:14134:8 140:24 141:3141:18 142:12145:23 149:7151:13 152:7,9153:18 154:10155:18,18,24 156:5161:3 163:8 185:15198:5 206:4,18208:13 209:18212:24 239:23268:16 286:3288:22 293:5299:20 300:4,18308:16 309:6 317:8319:15,17 320:14321:1 338:10 339:5347:20background 141:17

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356Donald Bernard


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348:1billets 38:9

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205:13 220:12,13220:20 221:5,11235:24 258:25263:9 272:21274:15bozeman 2:6 3:12

14:9 61:7 126:10130:10 352:24braindead 347:24branch 33:12break 140:15,16,23

163:7 197:19,20205:23 206:3208:12 212:23239:14 240:1277:10 338:18breaking 301:24breech 282:23brian 306:23,24,25

309:13 321:11bridges 338:9brief 305:22 309:20briefing 47:13,17briefly 309:17briefs 47:18,25 48:18bring 19:15,20 265:4

317:8,15 319:15342:25 343:2bringing 266:25broad 195:5broadway 60:8brother 40:7,10brothers 40:3,6brought 19:17,25

20:11,21 112:23

357Donald Bernard


319:3 345:4buenos 101:6 102:1

105:10 129:14131:6 138:3 245:9245:13 327:4,7328:7,14building 3:5burden 323:11buried 348:4business 28:13 29:5

45:20 46:2,9 52:952:10,17,17 56:2456:25 61:10 69:1778:18 85:5,13 86:1687:4,5 94:15,17150:22 151:5,7,8152:24,25 153:1,3155:14 200:9 201:5246:8 286:5 324:19328:9 332:10,11,12332:13,14businesses 46:17

59:23 133:16,17busy 325:2butte 21:17 170:7

308:21 337:22338:4,6,10buy 22:12,14 79:14

88:3,6 113:13116:16 123:11151:8 167:13 286:3316:10 322:14330:9buyer 247:15,16,21

282:16buyers 224:14 281:21buying 86:12 146:4

169:1 253:6 322:16buys 24:20 25:4buysell 7:4 28:7

225:22 226:5,23228:10 229:6 271:6271:8bylaws 4:19 164:15

164:17,24 165:13165:18 204:23

231:25

Ccab 347:19calculate 158:7,19california 38:18

61:20,22 62:6call 16:5 44:17 117:4

117:5,14,15 118:16119:18,22 120:5125:9 190:8,17,18190:20,23 236:4267:4 296:4 299:5300:5,6,20 304:6,8307:21 309:15318:14 331:25called 17:21 33:9

124:15,16 190:7,9190:12 282:10300:2,3,4,18 301:1301:6 305:23,25306:1 307:21,22310:1 331:24 332:3calling 318:19calls 117:9,13 190:5

190:16 210:9 276:6292:8cameras 330:7campbell 294:5camping 167:24campus 311:22cancun 63:21cant 18:12 28:23

55:17 66:19 79:2081:13 83:15 89:1089:12 97:20 101:1117:5,14 169:19179:11,19 190:23194:22 195:5 224:4228:13,16 229:7233:23 238:14260:8 264:16268:13 273:4286:16 290:17,18292:12 320:11,24326:23 329:20

348:9capacity 46:15

240:12 347:1caple 109:15,15caples 109:13car 111:5,7,8card 123:17,21,24

124:2,5 189:15,17327:13,16,17 328:9328:10,11,14329:24cards 325:22care 248:20,22,25

268:4 286:5 334:15carried 343:17carries 342:13carry 58:1 288:4

342:8,10 343:12carrying 16:8case 16:13,25 17:2

20:6 38:10 48:7124:18 136:7 260:3347:23 348:15,17casebycase 138:12cases 46:18 48:4 49:9

49:14,15,21cash 22:18,21 99:24

100:10 101:13103:8,25 104:2,9,12104:14 106:23281:18 327:14,15cassiterite 26:8caught 144:25cause 14:5 352:10cd 3:10cell 122:15cellphone 122:3,19

122:24center 246:8certainly 103:1 124:8certificate 211:10,13

211:13,19 213:17351:1certificates 6:11 91:5

211:9 213:4certified 336:10

337:1certify 351:4 352:6cessna 56:2 332:19

332:20chair 283:2chairman 26:18

27:17 30:19 81:3283:2challenging 229:12

229:16 230:2 268:9changed 123:23

165:16 187:11changes 351:7characterization

156:19characterize 140:12

168:2charge 309:20 347:21

347:22 348:9charged 263:10charges 303:9,10charitable 49:18charles 2:4 14:8,11charleston 38:20charter 160:2,17

163:18cheap 348:3check 8:5,14 100:13

164:3 177:6,11214:22 215:1,3247:7 250:7,8,12251:19,23 268:23269:9 277:25 278:2280:21 298:4312:11,13 314:10319:11,12 329:9337:2checkbook 265:24checked 247:9 317:8checks 172:17,18

216:11 333:24339:16cherokee 56:1chicago 25:20chiesa 101:4,10

132:14

358Donald Bernard


child 61:5children 59:13 60:25

63:22 108:17christ 60:13christmas 129:17christopher 3:10

12:18 14:17circumstances

184:22cirus 332:19 333:1,3citibank 105:3,10cities 25:18city 22:24 59:20 60:2

61:15 62:4,5 68:1968:21 74:25 76:6,877:3 82:19 340:5civil 2:8 17:9,10

47:20,24 49:11,12claim 1:12,17,18claiming 1:12claridge 327:9clarified 63:1clarify 198:13 206:6

239:25 270:25clear 18:10 184:8

310:2cleared 57:9clearing 9:17clerk 48:19client 195:10 196:10clients 303:9close 73:12 261:21

263:11 298:16closed 50:22 149:21

163:22 164:2188:14,15,22clothing 167:20,23cloud 1:16club 3:5 330:17coach 131:13,14coast 25:17 35:2code 21:13 299:15coffee 141:23collapsing 139:1,4,6

139:6collection 265:25

295:16college 33:18,19 34:1

40:21,23,25 42:964:6colleges 41:3com 121:21combination 42:5

69:19combined 42:10come 15:8 30:13,14

35:14 51:7 56:367:25 71:16 77:1981:1,24 101:17109:10 136:4,10187:1 202:21 222:3245:17 254:23,24262:16 317:9,13,14317:17 318:17343:1 345:5comes 263:5coming 113:24

318:17commander 39:5,11

39:14,15commercial 53:8

82:14,15 86:15,15254:9,10commission 4:8 34:4

142:22 351:24352:25commissioned 32:22

33:3,5,14 34:10,17commissions 34:12

142:18committed 283:15common 199:4communicate 117:17

118:9,22 119:4121:13community 40:21

168:6 326:6,10commute 120:9comp 66:18 286:9companies 46:15

66:13,14,18,23 67:692:3,6,6,9 93:8,21

94:19,22 95:7,1197:4 98:2,14 142:8company 24:5,19

25:24 26:17,20,2127:8,9,10 29:7,1629:21 45:24 66:1166:25 67:3 73:374:12 78:6,7,8,9,1378:16,17 79:4,580:10 81:15,19,2183:21 84:8,12 85:1387:21 89:15,17 90:190:15 91:3 92:2294:10 98:12 103:20130:6 143:9,11,13143:22 145:4 146:6147:22,24 153:9,11158:18 159:18160:24 161:10238:24 325:16349:11compare 139:25

274:19compatible 117:6compensated 31:2

32:6 69:10 74:776:20 77:24 82:21180:6 216:22compensation 79:15

82:22 88:23 203:21203:24 204:1,3217:9complaint 1:15

201:24 202:1,9209:8 210:17225:25 228:8230:21 271:5302:25 303:11332:1completed 86:4,17,18

132:2 155:10completely 93:1

241:3complied 146:18comprehensive

335:16

computer 59:22119:15 120:7,9192:24 193:17243:13,17 244:3246:4,5 265:17289:25 290:5,6computers 25:12

120:18,23 123:13193:13 244:1con 52:17 139:10

295:3 314:10concern 247:20 248:1

248:13 289:14concerned 238:1

247:16 265:2282:22 300:25concluded 350:18conclusion 210:10

226:16 292:9condition 331:4,6conditions 233:8conduct 201:5conference 62:8

125:9 282:8conferred 68:10confidential 310:3confirmation 132:18conflict 77:16confused 261:8

270:24congo 26:10connection 23:4consent 114:25 239:7consider 194:21

267:11considered 105:16consortium 56:7constantly 38:9construct 215:19construction 205:1

207:1,24 214:4consult 265:24consultants 6:21consulted 96:10consulting 31:16 32:7contact 52:14,16

359Donald Bernard


84:25 85:1 190:14244:10 282:12290:18 303:25304:1,3,5,13 315:12315:19,20 331:23349:3contacted 304:12

315:13,19contacts 51:9,11,24

52:3,6,7,8contain 352:15container 265:25

312:23containers 316:6,7,7

316:8contemporaneously

193:24,25contesting 226:12,20

280:3contests 227:5contingent 1:19continued 5:1 6:1 7:1

8:1 9:1 10:1 11:112:1 13:1continuously 138:11contract 157:23

247:4,5 248:8249:12 260:25264:13 281:15,17294:19,23,25295:13,24 297:4,8contracts 7:12 85:16

85:18 86:2,13,14,25155:10,15,20231:12,16 232:2,5233:17,19 260:14291:10contrary 332:9contributing 69:6control 36:11 179:19

302:2 325:19controller 154:24convention 330:15,17conversation 125:17

126:4,8 139:10175:4 213:13 302:6

305:22 308:5309:20,24 320:18320:20 321:15conversations 124:24

306:9,12 308:12conveyed 266:8coop 168:19cooperates 107:15cooperating 303:17cop 168:19 348:16copied 206:16,20

207:12 208:5copies 20:7,14 107:18

211:5,7 212:17219:10 221:11236:20copy 8:4,9,13 12:12

17:24 18:5 19:10,1320:25 92:2,2 162:25198:10 201:2205:17,21 206:15209:6,11 216:25218:12,13,17,18,22218:25 219:2,6,7221:9 232:18 237:1250:8 251:19258:14,25 271:5296:2 297:8 302:18311:4corner 180:21,22

181:4 278:15 302:1corp 34:6 72:24 73:1corporate 5:4 19:23

20:20 159:4,5 178:3178:10 179:1,3,6186:3,3,8,9 189:1,3189:23 190:1 198:8199:22 200:9 201:5203:3 209:12 211:5218:7,8 239:6244:19 245:25272:7,9 273:2,6275:19 287:13325:21 344:1corporation 1:8 3:9

4:13,18,20,24 5:6

5:10,18,22 6:7,107:6,16,19 8:7 9:8,1510:11,13,14,2411:18,23 12:8,15,2114:6,18 26:19 31:1383:9 93:12,17 97:997:16 98:16 99:4124:4 132:19142:14 144:22146:5 147:13148:20 152:5 159:8159:23,24 160:2,7160:16,21 161:8,11161:15,19 162:1,11162:14,19 163:13163:17,19,21,23164:2,3,16,21165:19 166:6167:13,22 168:1,11168:19 172:3,15,18172:21 173:25175:16 177:9 180:7181:20 182:5,8187:4,17,22,25188:3,8 189:20190:11 191:1,9,12194:9,19 195:2,9196:3,5,6,13,19197:1,3,6 198:12,16199:4,20,21,24202:20 204:9,24208:16,19 213:14213:16 214:5,16216:11 217:10219:17 223:7225:21 226:25231:24,25 232:1,4,7232:9,19 233:6234:20 236:1,11237:5,12 238:3,9239:8 240:9 248:17250:10 254:12,17254:21 258:8260:19,23 261:11267:3 269:3,19270:1 273:8,20

274:9,13,25 276:2276:22 280:9,17281:22 282:22,24282:25 292:7,18293:12 324:7,21325:13,15 327:1,20328:18 332:18333:14 346:1 347:1347:4 351:25corporations 46:14

93:23,24,25 96:1997:19 98:5 112:18112:22 199:15219:17 263:20331:11correct 31:22 92:24

93:19 116:17,22157:3 158:11,16163:14 180:11190:24 219:15226:3 251:12274:18 301:19311:13 324:17335:3 351:8correction 37:24corrections 351:7costs 30:7 329:5couldnt 94:24 95:15

97:12 98:8 224:11224:18 282:16302:2 304:25 305:1305:5 319:16counsel 97:15 181:22

227:20 229:24count 298:21country 252:9 288:15

323:11county 1:3,9 14:4

201:13,19 215:14230:15 289:2 320:3352:3,5couple 45:25 80:16

144:15 304:15309:19course 20:13 25:11

33:25 38:16 54:4

360Donald Bernard


71:14 92:8 150:21151:5 198:15300:17courses 41:18 42:11court 1:2 2:5,9 14:4,8

14:9,11,24 21:6,947:15,19 48:4,9,1148:13,13 167:6184:4 251:14259:14,16 287:6340:1 352:4,23covered 142:6covering 65:8covers 201:7cpa 9:23 205:13crashed 17:16crazy 286:14create 160:6 288:8created 160:1 170:2

287:18 288:6,10323:15,17,24creating 97:22,24

168:10credit 8:18 123:17,21

123:24 124:1,5189:15,17 254:3325:21 327:13,16327:17 329:24creek 21:18 172:5,7crews 57:1criminal 17:9 49:10

307:1 310:3cs 180:1 221:10 222:6

251:5 262:18268:20culver 48:17cum 44:16,16currencies 139:13,23currency 139:8current 190:25 191:3currently 23:25

30:16 31:17 32:1166:12 67:4 138:9188:9cus 295:20custodian 295:17,18

295:20 298:4customs 317:9cut 73:11

Ddad 46:5,25 47:3 49:3

50:3,12dallas 25:20 40:10,12

78:12,13 143:18147:25 158:4damage 36:11date 28:2 39:3 126:15

144:1 148:16173:11 178:24185:24 188:18206:22 213:3234:19 237:7242:20 243:18256:23 257:14267:17,18 269:9,11269:13 279:8,15284:16,25 285:14295:12 296:12298:15 309:11312:17 322:23348:21dated 144:1 217:19

232:14 261:6 279:7303:6dates 55:17 66:3,6

76:10 79:20 111:17115:11 320:8daughter 59:25day 134:17 149:3

151:12,12,15238:22 299:24301:11 302:9 318:6351:16 352:20days 37:18 64:13,19

65:1,5 66:8 152:8238:22 281:19304:15 308:2309:19dba 147:21dc 25:21 38:22deal 99:25

deals 44:6dear 213:12debit 9:5,12 256:4debits 261:13debt 156:3 348:4debts 238:24decade 76:12december 129:12,16

129:18 130:22234:15,18,21 235:5240:2,10,16 241:14242:4,10 244:23246:22 261:20267:19 276:2,9279:14 281:13284:18 285:2,4,16287:13 289:19290:11 291:11,18291:25decide 113:10 160:9decided 113:7,11

160:11deck 36:4,7deeds 247:9deep 281:22defeated 286:11defendant 3:8 17:20

227:4,10 259:23defendants 1:20defending 47:25defense 112:16defenses 260:19

264:3definite 195:8defunct 142:14degree 41:22 42:1

43:9degrees 41:23deliver 232:3delivered 191:6delta 44:18democratic 26:10demonstrate 323:2,4department 112:16

304:2 307:2 315:3depends 244:2 328:2

328:8,12 338:14deponent 351:3,13deponents 351:1deported 134:20

135:21deposit 149:10

257:24 261:9,21,23269:11,13 280:11deposited 151:1

176:25 186:23,24199:14,16,18 234:7234:11 251:5257:23 261:2 262:5262:17 268:20280:18deposition 1:22 2:2

4:6 5:3 6:3 7:3 8:39:3 10:3 11:3 12:313:3 14:3,12 16:1017:25 18:9 19:11,1620:13 58:8 125:18141:8 142:21 143:3144:7,8,18 146:16150:13,14 163:4164:12,13 166:1,2167:4,8 173:18,19177:19 184:2,6197:25 207:14,15208:24,25 210:23210:25 213:2,6,25214:1 217:13223:15 225:8,9230:9,10 231:8,9232:11,12 233:10233:11 239:12,18249:24,25 250:16250:17 251:16252:2,3 255:4,5,20256:19,20 259:10259:19 266:5 268:6268:7 273:17 274:5274:6 276:18277:16,24 278:23278:24 285:8287:10 291:5,6309:23 338:22

361Donald Bernard


339:2 343:9,10349:5 350:6,11,18351:4,9 352:7,10,12depositions 16:16depositor 5:6 171:25

171:25deposits 261:3,7des 278:17describe 23:3 39:7

223:12 226:7 335:7described 1:15

244:16description 97:25

223:20,24 228:21278:14,17descriptions 228:2

293:20deserves 348:18designate 163:22,25designated 172:16

335:11desk 302:25desktops 121:2destroy 192:20destroyer 35:12,21

36:3detail 221:19detective 331:20determination 96:8

96:10,11determine 30:2

234:12 290:13determined 96:5

135:16develop 203:1 208:18

214:9 220:2developed 52:3 223:9

224:1developer 247:5,24

248:6 249:11279:17,19 280:25281:4,8,16 282:20developing 29:5development 44:8

81:20 82:14 198:17223:21

device 286:12dhabi 51:3diagnosed 331:3,6didnt 15:8 33:25

42:16 49:10 65:973:19 87:9 94:16116:16 124:23125:1,6 128:20129:22 131:16135:19 136:11,13146:11 148:21155:14,19,21156:12 157:6167:21 168:24169:11 175:3180:14,15 183:21198:19 200:16203:25 206:9221:18 230:14236:5 239:4 241:4243:16 247:13248:21,22,23,24249:3,16 251:11255:1 257:11 264:1264:13,21 267:5,6271:25 274:10275:10,23 279:2285:11 289:1,6,16291:16 299:25300:4,24 301:23,25308:15 310:3,24312:12 314:22315:5,12,19,20317:4,5,23 318:20319:5,14 324:25325:16,19 341:14341:14 344:9,11,12345:16,18,20,21,23345:23 349:2,17die 50:14,16 348:15died 50:13difference 38:7 54:6

249:4 271:14275:13 311:25328:17different 25:18 39:7

45:23 48:8,15 52:2052:25 54:7 55:2457:21 60:5 87:4105:25 107:16139:24 228:15334:18 337:2difficult 281:20digits 171:22,23

250:21,23,24dinner 349:21,23direct 303:7directed 186:12

206:10 233:5267:14 283:12direction 352:14directive 238:11directly 42:14 145:6

146:4 190:20203:10 215:4 241:6252:25 253:5288:25 290:18349:18director 5:17 67:2

98:19 164:9 166:5,9166:23 194:16204:23directors 5:21 7:15

11:16,22 12:9,14164:6,7,8 194:14198:12 233:8234:17 238:12241:5 242:1,7244:25 246:22283:3dis 140:7discharged 39:16,19

39:20disclosing 283:1discount 281:22discounted 282:17discovery 183:3

185:8 198:24218:15 219:12222:16discuss 124:17

138:25 139:3,8

140:13 225:12discussed 95:10

124:18 133:18168:16 198:15,21229:8 244:23 260:7264:7 324:10326:13discussing 133:16discussion 140:7,9

232:24discussions 229:10dispose 237:5dispute 93:16 136:21disregarding 124:24dissolve 237:4 238:8

239:8dissolved 238:2,24distribute 25:6district 1:2 14:4diver 71:12diving 71:7,14division 26:6 37:7,9

37:10 49:16,18divorced 60:19,21dni 265:25doc 185:19 276:17doctor 334:22doctors 334:20document 5:14

146:17,19,20,21148:17 180:18182:25 183:4185:21 192:15207:1 209:23210:15 223:18226:2 230:16,22231:13,14 242:13242:16,20,22 243:4243:6 250:4 253:19253:25 255:23256:2 272:24 273:3278:7 280:7,8283:23 285:17289:10documentation 149:8

150:3 244:20

362Donald Bernard


270:13,16 271:23271:25 345:13documenting 70:19documents 19:16,20

20:8 166:13 183:3,7183:10 184:10200:15 206:21211:2 212:18240:20 243:10276:17 277:13344:2doering 69:24 70:7

71:5doesnt 25:6 73:11

110:9 143:10171:16 178:14,18228:25 241:11,11251:6 278:5 279:18279:19 299:15328:17doing 28:12 29:23

30:1 32:4 38:1645:22 47:12 49:2050:19,25 51:4,7,1362:10 65:3 69:16,2570:1,10,23 71:187:1 111:20 112:8141:4 146:3 259:13259:15 309:24328:2 338:14 345:1347:9dollar 139:1,3,11

199:8dollars 89:9,11 100:5

100:6,7,8,11,25103:2 138:16,17,18138:24 139:22188:23 283:1322:11,13 339:11339:12domestic 4:17 163:21don 1:8 3:9 6:14,17

7:22 9:20 15:1916:6 141:15 144:19163:12 182:17184:9 200:15 205:6

206:12 211:25213:1,3,12 257:11265:24 268:1277:23 282:8285:18,25 293:3339:7 348:1donald 1:23 2:3 4:2

11:8,14 12:21 14:314:18 15:2,21,24147:7 148:12 167:2181:5 205:2 351:3351:13donat 1:5 3:3 6:6,13

6:19 7:7,10,17 8:88:15,23 10:6,1011:6 12:20,25 13:514:5,16,22,22 20:1132:8 147:10148:11 149:15156:14 172:9182:17,25 183:9191:5 194:21 202:4202:17 203:9,16,20204:12 205:1,6206:9,25 207:23209:20 210:1,4,5211:20 213:14220:3,17,25 221:1,8222:22 223:9225:22 228:12230:12 232:1 233:4233:13 235:25238:2,22 240:3244:17 246:18247:10,23 248:5,8250:8 251:19260:25 265:6267:23 269:1,22270:10,22 276:1277:25 279:6280:22 281:17,20281:25 282:15,21284:13 292:16,25293:10 295:22296:22 297:7 299:8312:23 315:1

316:22 317:14321:3,6 324:25325:20 330:22332:1,5 342:14,20343:19 347:15349:4,7 351:25donated 157:2donation 154:3donats 238:20 260:14

271:15 292:7 313:5donbernard 121:21dont 15:12 16:14,25

17:1,2 18:6,11 19:631:11 32:24,2546:23 60:12 66:2,666:10,15,16,23 72:872:15 75:15,2176:10 79:5,9,2582:23 83:6,17,1984:5,21,22 85:15,1885:21,22,22 87:1788:8 89:1,7,8,13,1889:21,25 90:15,1891:16 95:4,5 99:21100:2,4,24 101:15101:18 102:4,8,10102:19,22,23 103:2103:6 104:12 105:8105:11 106:10109:7,8 110:22111:16 114:12115:11,18,25 116:2116:24,25 118:7,17118:25 122:8,12123:6,6,9,10,15,18123:21,22,24 124:8126:15,22 127:1128:2,14 129:5,5130:24 132:3,8133:3,18,24 134:2,6134:8,9,16 135:19136:20,24 138:22138:22 139:5140:12 142:3143:10,24 144:12146:7,20 149:13,17

149:24 153:7154:23,24,24 155:2155:7,17,17 156:2,3156:6,8,9 157:10,12157:14 158:1,2,7,9158:13,14,16,21,24159:3,12,17 160:11161:16,20 162:6164:20 167:20168:5,8,13,20169:17,20,23170:11,13,17,19,23171:15 172:8173:23 174:18177:2,2,12,13,23178:21,22 179:8,10179:11,14,24 180:4180:8,8,12,16 183:1183:13,15,22184:22 185:2,7,9186:6,11 187:2188:1,18 190:8191:2,6,11,14,21,22192:4,9 193:10,17194:22 195:10,11197:19 198:17199:13,16,17,18,21200:7,10,10,10202:15,15 204:7205:17 207:12209:9 210:12214:23,25 215:6216:3,3,24 217:25217:25 218:8 219:7219:10 221:15,16222:18 223:2 224:2224:19 225:18,19225:20 227:15228:1,5 229:4,7233:25 234:24235:11,13,17 236:6236:12,18,20,20,23238:16,16 241:1,5,9243:11,14,23 244:6245:20,21,24252:24 253:7,13

363Donald Bernard


254:19,25 255:10256:1,6 258:15259:10 260:2,11261:7,9,13,15 262:8262:23,23 263:13263:14,17,18 264:8267:5 268:4,15269:4 270:15274:19 275:18276:8,13,13,13,14276:24 277:3,9278:5 279:19,21,22280:2,18 281:2,2286:17,23 287:2,19287:20,25 288:4,14288:25 289:8,21,25290:20 292:2 294:9295:6 296:10,11297:18,22 298:14302:22 304:21305:11 306:25307:20 308:1,3,8,11309:2 312:17313:13,16,19 314:5316:5 317:10,19318:1,10,11,13319:2,20 320:8,21321:7,10,12,13,14321:16,18,21 322:1322:9,12,16,20,23325:14,18 326:22326:23,24 327:12327:15,19 328:16328:24,25 329:25329:25 334:11,19335:4 336:7 340:15341:5 343:6,14,18346:2,15 347:9,9349:14 350:5,7door 299:17dorm 311:24 312:1doubt 159:15downs 304:9 306:10

307:5 321:5 331:1dozens 97:13drafted 32:18 33:3

164:15 166:17174:10 209:14,16209:17 245:25347:3,7drafting 286:8

347:11 348:1dragon 8:21 253:23

254:5,24drew 347:6drink 58:9 346:19drinks 346:13,16,19drive 3:11 21:5,11

68:24 74:15 111:13147:15,17 224:11304:25 305:1,1313:24driveway 115:2driving 111:9 313:22drop 303:9drove 74:16drugs 59:2dually 281:13due 267:2 270:4,5

271:14duly 15:3 352:8dummied 323:13,14durable 7:9 230:23duties 37:4 74:21

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14:5

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281:23 318:1,3early 51:4,15,25 72:9

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184:4either 52:16 130:3

193:10 288:24297:7 304:14307:20 318:13elect 194:15elected 187:7,10

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12:23 13:4 20:1117:16,18 118:14118:15,23 119:15119:23 120:1,2,17121:15,18,20126:19,21 237:1,7237:20 256:23,24257:13 261:4,24262:3 265:16,18267:17,18,20 275:7283:24 284:3,8,16284:19,25 285:12285:20,21 286:6292:19,21 315:11342:17,18 347:14348:2,21emailed 126:16,18emailing 237:14,17emails 7:20 9:19 10:4

11:4 120:8 279:6281:10emotional 299:9employed 23:25 24:1

30:16 31:12employee 31:20 32:1

191:15employees 25:24 26:3

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205:5 209:2,6,11,14209:25

empty 301:14,21en 33:23encumbrance 1:14ended 50:18energy 4:9 24:3,4,5

26:24 27:1,4,24,2530:16 32:7 78:2083:16,17,17 87:7112:1,2 141:19142:12 143:1,4144:21 145:14,15145:17 146:2147:21 148:22155:13 158:6159:10 327:23engaged 223:21engineer 70:4engineering 73:2,2english 119:5,6,12enjoy 348:16 349:11

349:12,15enlist 32:17 33:25enlisted 33:2,23enlisting 33:24enron 29:7ensign 39:9,11enter 7:12 205:5

225:21 231:12,15232:2 233:3,16,19260:14entered 141:12 198:4

209:3,25 226:24239:21 277:19338:25entering 232:4entire 28:1 50:12

115:7 191:20275:10entitled 227:7 323:18entry 42:10environment 64:15

64:18equipment 25:12

73:12,13 253:6330:3,4,6erased 300:14

364Donald Bernard


es 67:20esq 3:4,10 4:3essentially 154:2

289:13establish 98:2estate 1:13 7:18

10:20 81:20 82:1399:25 198:17,21232:6 233:6,14,17233:20 234:3 247:5281:16et 14:6europe 103:10 127:4

127:12,15,16 128:5133:10 134:10137:12euros 138:17event 139:16,19

252:25 305:21everybody 56:25

326:16,16evidence 157:14

234:9 264:24 276:6276:8evolved 28:3ex 135:17 334:11exact 28:24 79:20

89:1 100:5 188:18282:1exactly 30:2 72:8

146:7 322:12340:16exam 44:22 335:14

337:4examination 1:22 2:2

4:2 15:17 336:13examined 337:6examining 181:23example 46:11examples 38:15exams 334:23 337:7exchange 65:17

110:21 154:13157:17excited 299:9 300:24excuse 242:10

excused 350:19execute 232:2 295:4executed 281:18

294:19,21executing 240:20exhibit 4:7,11,15,19

4:22 5:4,9,13,15,196:4,8,15,20 7:4,8,117:13,20 8:4,9,13,179:4,11,18,22 10:4,810:11,14,18 11:4,911:15,19 12:4,11,1712:23 13:4 142:21144:7,8,15,18146:16 150:13,14163:4 164:12,13166:1,2 167:4,8173:18,19 177:18177:19 178:11184:3,6 197:8,9200:18 205:17206:17 207:14,15208:24,25 210:24210:25 213:2,6,25214:1 217:14,15223:15 225:8,9226:10 227:24228:24 230:9,10231:8,9 232:11,12233:10,11 239:11239:12 248:17249:24,25 250:16250:17 251:16252:2,3 255:4,5,18255:20 256:19,20259:10,19 262:21263:20 266:4,5268:6,7,17,22273:16,17 274:5,6277:5,24 278:23,24285:8 287:10 291:5291:6 339:2 343:9343:10 349:5exhibits 4:6 5:3 6:3

7:3 8:3 9:3 10:311:3 12:3 13:3

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231:6expire 334:12expired 135:18,23,24

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352:25explain 18:12 19:6

33:13 62:14 149:5238:17 275:6 279:1explanation 269:23

279:5explicitly 137:23explored 70:14exploring 70:18extension 65:18extent 44:17external 102:3,5extra 205:17

Ffaa 335:12facility 296:20 311:8

312:11,20 314:11fact 238:1facts 234:8 264:24

276:5fairly 68:10familiar 146:19

159:23 173:4 224:8224:9 242:13249:12family 90:7,9 137:8

137:13far 68:23 74:14 85:19

91:15 95:25 108:5134:8 150:22 152:3155:25 165:22215:16,22 238:14282:22 283:10310:24 325:17326:12 345:12father 46:4fax 12:17fbi 303:25 304:3

307:8february 129:9,24

242:21 243:20279:9 289:4,10344:20federal 31:23 32:12

330:22 334:1fedex 288:21 347:17fee 205:14feeling 321:22felony 303:18fiduciary 267:3

282:23fields 42:6fifth 1:2 14:4file 20:15 184:25

235:3 244:18266:24 289:1,6296:1 310:5 328:25336:25filed 20:6 160:16

221:14 235:1,23236:19 238:23241:12,13 260:2,3265:8 267:13 275:2279:22 283:7,20289:4,9 302:17303:11 332:1 347:5347:8filers 10:21

365Donald Bernard


filing 189:10 235:8244:7 283:19 289:2289:3filings 236:3filled 165:3,11

166:19,20final 103:6 183:25

184:13 238:23finally 28:3 135:16

241:2finance 22:18,19,22

22:23,24financed 22:20financial 5:7 139:25financing 284:24find 122:10 134:7,9

149:19 203:1 214:8214:12 281:21282:16 286:12290:14 298:8,24299:25 301:13303:21 308:14347:20fine 259:16finished 23:14 86:7

155:19 237:6finishing 42:22 50:18fire 286:11fired 331:11firefly 143:8firm 3:10 105:9first 9:17 15:3 39:6,8

41:8 45:3 56:1059:8,16 63:25 72:1072:13,15 108:19,25109:2 110:6,12133:12 152:12169:18 180:11181:10 182:24183:5,6,18 184:18184:24 198:11,15210:17,19 211:12212:15 228:17249:17 256:24257:6 266:13 270:4271:4 289:1,3

296:11 303:8314:16 335:8343:15 352:8firstclass 131:13fiscal 273:25fisher 2:5 14:8,11five 37:24 44:3,4 68:7

69:2 74:3 75:1889:9 106:18 116:1127:23 138:8,9152:22 155:4 156:8197:22 341:9,15fixed 55:4 204:22fleet 35:13flew 17:15 131:9

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56:20 57:3,12,19131:13,16 328:7334:24,24 336:16336:20,25 337:14flying 54:15foggy 305:7followed 250:22,24following 141:11

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352:7,10,14forest 286:11forgive 155:23forgot 137:6forks 247:4,24 248:6

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161:24 173:15175:19 176:12212:16 348:14,24franklin 83:20 85:3,4

85:19 86:19 87:794:4,5,7 95:19,2295:22 112:6 141:18142:12,14 143:2,6,9143:9 144:20 145:1145:2,3,5,8 147:22

148:20,23 150:17150:20,24 151:2,14151:15,20 152:1,6152:16 153:14,16153:17,19,25 154:3154:7,10,16,21,22155:9,9,18 156:1,4156:5,16 157:9333:11,12frankly 304:20fraternity 44:20fraud 282:21 283:15fraudulently 266:9freeport 73:5 74:13frequently 68:11friday 300:1,3 304:25friend 52:16 54:25

59:4 62:19 63:4,982:8 129:2,5friendly 110:14friends 52:9,10 71:15

81:7 109:2 116:3front 146:22 175:6

280:8 295:7fuck 348:13full 15:20 351:8fulltime 31:20fully 303:17function 128:24

129:1funding 186:17funds 100:14,15,18

128:18,19 154:5172:17 186:19,21222:2 265:3 322:14325:12,16further 239:25

Ggallatin 352:3game 105:17garage 23:4,5,12gary 24:16 28:14,15

84:11,16 91:2396:15 153:4 159:16gas 78:8,9 80:7

366Donald Bernard


gemico 92:10,13,2093:9 333:6gemicos 333:7gen 25:25general 26:12 49:7

76:11 87:5 97:25308:25generally 48:13 57:3

74:12generals 49:5generate 25:2genesis 247:17gentleman 69:23george 81:5getting 48:24 112:9

161:22 299:12322:21,25 339:8give 15:19 20:16

28:23 38:14 46:1155:17 76:11 79:2096:18 97:25 100:11126:24 140:10144:4 180:3 193:8194:22 200:5244:15 246:18256:10 271:25275:10 276:1292:12 293:5309:11 310:7,10328:22,23 334:4,23348:18given 19:13 79:13,15

87:10 151:20156:16 171:24185:15 202:13247:6 252:21,24351:9gives 335:14 336:12giving 223:4 252:15glacial 24:3,4 26:22

27:1,4,22,25 30:1632:6 66:12,22 78:2085:6,17 86:22,2387:13 92:6,12,13,1892:18 93:4,9,2295:20 96:1 97:3

112:5 122:9 123:2,4123:5 144:21145:12,15,16 146:2146:10 154:12155:12,13,13157:16 158:6159:10 327:22328:3 333:16glacier 5:13 27:20

87:12 149:11 170:5170:6 177:22180:10,24 181:11182:1,4,7 188:12214:19 215:2216:16 253:8272:15 325:19344:14 345:8glad 63:1go 15:15,25 20:8,12

20:12 21:3 30:1434:23,24 37:16,1738:10,13,14,1739:22 40:13,22 41:141:9 42:8 43:2 49:353:14 68:25 72:2085:24 106:8,9,22108:9,13 119:18,21127:12,15 134:8137:2 141:4,21144:10,12 161:5163:8 172:11 175:9192:24 203:22205:22 215:25252:14 253:2 266:3268:16 282:19297:10,12,14,16,23298:4 299:14301:11 312:5,7,8,12319:8 324:23 325:3328:8,14 330:19333:17,18,23 334:2334:22 335:9 336:7336:9 338:2 340:23345:14 347:15350:14goes 107:16 311:21

going 70:8 124:20128:23,25,25 129:3129:3,10 140:19141:22 142:20146:15 158:21173:24 182:13205:20 223:14227:2 239:10242:12 247:13250:19 251:18253:19 255:22256:22 258:24260:12 264:23267:16 272:23290:17 292:19298:21 299:11300:24 301:22303:5 304:20308:16 309:7317:15 328:9342:17 347:14,17348:2golden 330:11good 122:13 286:10

287:20 319:14321:24 348:20goods 167:13,14,17gosh 56:10gotten 221:8government 47:6

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114:2governors 67:16,21

68:1,3grade 39:12graduate 41:20 42:17

44:11graduated 44:13grand 114:4,4grant 148:6granted 213:19great 348:6grew 39:24grey 284:4,6

griffin 48:17ground 18:8group 56:7 333:11,12guatemala 41:5

64:24 65:10,11,1665:21 66:1,9guess 28:4 44:4 45:19

53:13 89:9,10 108:2140:13 159:21161:2 169:19,20183:11 218:6 284:7288:23 296:1guestburo 15:11gun 316:8,16guns 167:19,20

168:22,23,24,25169:1,6 292:24295:16 303:12,22308:15 309:5310:17,20,23 311:6311:8 312:24 316:3316:4,23,24 319:7319:17 320:13,19320:25guys 68:8 141:25

Hha 286:11half 49:25 99:10

102:16,16,18,21,22hand 141:22 142:20

146:15 173:24174:3 223:14242:12 250:19251:18 253:19255:22 256:22258:25 267:16272:23 292:19303:5 342:17347:14 352:19handed 91:5 207:12

208:6handing 180:18

209:23 213:8 228:9236:25 243:3 250:4265:16

367Donald Bernard


handle 49:14 349:2handled 101:2handles 47:19handling 135:18,25

137:1handwriting 173:6

174:3,4 192:6,7,11212:3,12handwritten 173:25

192:18hang 255:18happen 35:14 85:7

193:4happened 85:18 95:6

110:12,15,16150:16 151:25185:25 188:12247:7,15 271:18275:13 279:11299:23 303:22310:25happening 29:6

71:25 216:1happy 170:19hard 25:10 316:11hardware 348:19hasnt 95:23havent 91:4 126:19

143:4 179:3 183:12187:24 189:21225:3 234:12 260:3264:4 270:12280:11 326:12,21326:23 340:9head 18:13headquartered 24:6

95:20 96:2,4health 31:10 204:5

346:3hear 65:9heard 70:2 330:20hearing 135:17

144:16hears 48:4heavy 304:22 316:14

316:15,16 330:24

hectare 107:25hed 109:11 111:13

318:16,17,18heilig 160:22 161:23

161:24 173:15175:19 176:12212:16 348:24held 11:24 12:10,15

74:11 76:16 90:1190:14 91:13 126:8190:12 245:8,9282:6,7 311:8helena 3:6hell 190:16 346:18help 146:6 168:18helped 286:12helping 168:25hereinbefore 351:10heres 262:11 286:1hereunto 352:18hes 60:3,5,12 70:4

82:10 105:23106:21 107:13117:25 118:6119:14 153:5156:19 204:11,16227:4 237:15241:17 307:1323:18,18 331:20346:15hi 285:25 348:19high 39:22 40:13,15

40:18,19 41:6,9highlighted 237:2

267:24 303:8,14highway 21:24hilton 128:13 246:7

327:4hire 106:4 136:10,11

203:6,17,18 347:20hired 84:10 106:6

137:25 138:1202:23 206:25207:24 208:15,17208:20 214:4,7220:15 341:24

hires 341:24hiring 203:9,12,16,19

206:6,10history 30:15hobbies 71:7hold 91:8 190:1

241:12 316:18347:19holden 56:11holding 91:9holds 254:10home 59:4 123:14

137:6,11,13 147:16156:11,12 193:1243:25 300:7,20,22301:1 303:3 306:2347:20homeland 315:4,5honorably 39:16,17honorary 44:18honors 44:11,13,18hooked 71:4hope 15:8hopefully 150:10hot 286:12hotel 128:14 246:5,6

246:8 288:12 327:4327:9hotels 193:14 327:6

327:11hotmail 120:20

121:16,25hour 2:7 197:22

239:15 348:5hours 54:14 58:14

74:15 140:19305:21house 23:1,5,6 63:11

108:11 109:2,5,20110:3 111:13 116:7116:20,23 120:10120:25 121:7128:10 310:14315:25 316:1,19,25317:22,25 318:6,12319:6 320:2 349:21

housing 114:2houston 25:20 39:23

40:9,11,11 41:1950:7,8 51:19 54:2359:20,22 61:1763:17,17,18 65:1974:14 75:4 76:1877:2 82:9,12 130:19houstons 65:20howd 330:9hummer 111:8

114:15,20,21 349:4hundred 26:1 188:23

262:15 283:1hunt 105:15 107:5hunting 105:14 107:2

107:13,15 167:18167:22,24 168:22324:23 325:3,8342:23hunts 107:4hurry 282:18husband 62:12,19

63:4hut 226:6 270:4,23

271:3,10

Iid 38:17 51:2 68:19

82:7 144:6 165:25180:19 185:5,11205:16 207:13209:19 250:5 303:7304:24 317:8320:25 338:3350:13idea 18:3 28:2 107:11

110:25 159:19160:6 195:11244:12 293:1297:21 319:15320:20 330:1,10identification 144:9

150:15 164:14166:3 167:9 173:20177:20 184:7

368Donald Bernard


207:16 209:1 211:1213:7 214:2 225:10230:11 231:10232:13 233:12239:13 250:18251:17 252:4 255:6255:21 256:21259:21 266:6 268:8273:18 274:7278:25 285:9287:11 291:7 339:4343:11 349:6identified 228:8,9,20

229:5 307:3identify 14:14 228:16

273:3,4 283:22293:19 306:20307:5ill 18:9,12 19:6

120:18 126:24164:11 167:3,3170:18 173:17177:17 184:2200:12 205:17210:23 213:24230:8 231:7 232:10233:4 242:5 250:15252:1 255:3,17259:9 268:5 273:15274:4 290:15 291:4319:11 348:1,4im 14:15,17 15:9 21:8

21:9 24:1,9 26:1826:19 27:8,11,1330:20 34:22 39:1959:1 62:14 63:164:8,8 66:22 76:480:11 88:16 89:1792:5 93:24,24 97:497:6,6,12 98:7,1998:19 104:4 111:25119:17 120:18,22124:20 127:12128:19 129:21132:8 133:23139:16,20 141:21

142:19,20 144:1,24145:9 146:15148:22,24 149:11150:2,6 151:19,23156:6 159:6 161:21162:23 163:24166:25 170:20,25171:17 173:6,24178:8 179:17180:18 181:17182:25 184:23185:12,14 194:15194:24,25 195:14197:8 201:6,6202:12 204:13,15205:20 206:15209:20,23 213:8217:19 218:22220:17 221:19222:24 223:14224:7,7,7,9,25226:16 227:2,5,7,12228:9,14 229:9,10231:6 236:8,25239:10 242:5,12243:3 250:4,19251:18 252:20253:4,18,19 255:22256:22 258:12,21258:24 261:7263:13 264:23265:13,16 266:21267:16 270:24272:23 286:15287:8 289:12290:16,17 292:19303:5 317:24320:10 324:22325:18,23 328:2,9332:10,14 336:1337:16 338:14340:1 342:17346:15,18 347:14347:17 348:2,5,12imagine 89:15 195:5

258:15

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347:17included 240:20

289:19 347:25including 138:8

232:4 298:5income 9:24 10:11

112:11,12,13,14273:2 274:17,21323:3,17,20 324:3incoming 8:17

253:20 254:3inconveniences

347:25incorporated 159:11

160:15 163:13197:3incorporating 167:11

180:7incorporation 4:16

197:4incorporator 4:23

162:21,24 167:1independent 112:7

166:14 249:18296:10 346:24individually 222:12industry 112:2influence 59:1 305:10information 89:14,19

126:23 147:12,19148:2 155:6 157:11158:10 165:10196:10,11 254:15290:19 291:1296:14 310:3initial 29:15 53:20

54:16 71:9 161:2,8170:10 181:18

186:17 220:18initially 160:23

170:13 335:18initiated 244:7ink 351:7inside 97:15 298:1,22inspection 298:1instance 2:3institution 5:7instruct 124:20

125:23 126:1 227:2229:15instructed 244:17

254:25instructions 12:7

104:24 252:16,17253:16 258:4instructor 334:3

336:10instrument 53:10,12

53:20 184:20336:25instruments 232:3insurance 31:10

204:6intelligence 37:6intended 219:23inter 57:13interactions 115:3interest 1:13 56:22

69:15 77:16 80:987:19 88:11,18,2291:8 99:9 151:22156:21 222:6229:12 281:21interested 69:22 71:2interesting 70:3interests 53:1internal 275:2international 44:6

51:23 52:8 61:1078:6,16,22 79:2,1980:7 253:23 254:5internationally 57:7interstate 21:20,21

214:14

369Donald Bernard


invalid 348:9inventory 298:10

311:7,9,10 312:15312:16 313:2,14314:1,9,13,23invest 27:25 28:20

66:15,16 145:3,5,7145:12,16,25 146:4146:9,11 148:19invested 29:3,12,20

30:6,10 144:25146:8 150:17investigation 303:18

307:1 309:21investment 29:15

154:13,17investments 142:3invited 81:3 82:1,4invoice 258:25 259:1

259:6 270:6invoices 328:23,25

345:17involve 203:8involved 28:11 32:20

49:15 66:12,22 67:470:24 71:19 73:1881:25 93:10,17,2394:19,23 96:1997:19 98:6,15,17,21112:19 153:11,13160:23 161:1,14,17162:10,13,19,20168:6 170:12,13,15191:12,23 195:9203:9,11,16 206:8248:24 347:10iowa 61:15 62:4,5irrelevant 328:16irs 275:1 280:13,16islands 24:7 25:16

84:17 95:21 96:3159:12isnt 207:21 261:24

280:1issue 77:17 91:14

197:5 211:16,21

213:15 229:6266:16issued 34:12 90:16

191:21 212:1issues 19:8 29:5

346:4issuing 6:18itd 44:4 159:21

253:16 263:11342:3items 293:2 322:15

322:16itss 339:17ive 55:17 60:16 65:2

106:3 122:13123:21 152:22173:2 180:4 202:8228:16 229:8233:21 259:7 260:7262:23 264:7265:23 326:13331:22 338:5,19343:15

Jjacinto 40:15,17jack 56:11jake 188:5january 279:8 284:23

337:10jd 41:25 43:14jefferson 1:3,9 14:4

201:13,19 289:2320:3jesus 60:13jet 55:25job 26:17 215:8jobs 37:13john 69:24 70:7 71:5join 15:14joined 33:18joint 22:8,10 70:9jointly 90:6joke 286:6jordan 51:4,6,8joseph 12:24 342:19

342:20 343:4,6journal 139:24juan 101:4 132:14judge 48:14,16,17,17judges 48:8,15judicial 1:2 14:4judy 174:18 175:23july 10:16 148:18june 10:17 106:15

115:9 131:3,19134:19 136:19171:3 173:12204:15 208:20209:2 257:2,15261:20,20 348:22junior 39:12jury 46:20justice 48:12

Kke 190:12keep 192:9 272:5

301:24 302:18319:5 337:21keeping 312:24keeps 321:24 322:1kept 80:1,3 192:8,11

220:1key 299:15,18keys 297:8 299:19,20kids 348:18,20kilometers 108:6kind 32:11,12 44:12

46:1 47:18 49:1452:7 55:22 73:1681:19 105:18 111:7163:19 217:7 305:4316:10 331:4,6kinds 55:24 167:23knew 109:9know 18:2,7 19:17

58:2 73:17 81:682:6 83:7,17,2085:18,21,22 87:1789:7,13,21,25 90:290:15 91:15 95:5,25

102:8,22 103:6105:8,11 106:2107:20 109:8,10110:22 114:19115:18 116:2,24,25118:7 122:13 123:6123:9,18,19,21,22123:25 124:8126:22 129:5 134:6134:8,9 135:19136:13,17,20,24137:19 138:22139:5 140:12 142:4143:10,11,24 144:4149:17,24 150:22152:3 153:7 154:24155:2,7,7,25 156:2156:6,7,8,15 157:12158:1,7,13,14,16,19158:21,23 159:3,9159:13,14,16,17160:11,12 162:6165:22 166:11168:14,20 169:20169:23 170:11172:8 173:21 177:2177:13,23 178:21178:22 179:7,10,11180:4,12 181:18183:1,22 185:2186:11 191:6,14,22194:16 195:10,15196:2,17 197:16198:17 199:11,14199:17 202:17,19204:5,13 205:20210:12 215:5,16,22216:13 217:10,25218:11 224:1,2,10224:12,16,19 225:4225:12,18,19,20226:1,4,18,19 227:6227:7,22 228:1,4,5228:7 229:4,7230:14 233:24,25234:7,10,24 235:11

370Donald Bernard


235:13,17 236:2,9236:13,18,20 238:4238:14 241:1,6243:14 244:5,6248:21 249:10253:7,13 254:2,6,7254:7,19,25 256:2257:11 258:15259:3,5,10 260:9,11261:13 262:8,23263:14,16,17,22264:8,9,14,18 267:5270:18 271:20272:19 275:18276:13,13,14,24277:3,9 279:19,21279:22 280:2,18281:2 283:10287:21,25 288:5,14288:25 289:8,21,25290:11 293:16,22293:23,24 294:5,9295:23 296:25297:19 299:16300:4,24 302:21304:9,11 306:16,18308:1,3,15 309:7,22310:4,24 312:1,2313:13,14,19 314:4314:5,7 315:5318:10 319:20320:8 321:10,12,21321:24 322:1,8,9,10322:12,20 324:8325:17,22 326:13326:23 328:24329:1,25 330:5331:19 340:16342:10 343:6,14,16343:18,21 346:1,2,4346:6,10,15 347:9350:1,3knowledge 116:19

162:3 165:15,17166:14 170:22179:9 186:22

204:14 217:8 220:5226:8 229:11230:13 231:2,3233:14,22 235:12235:18 236:7 241:7247:1 248:13 283:9known 16:2 82:7

235:14 238:7knows 89:24 90:1

135:18 218:2,4332:9,12,13,14kobe 311:19koeck 1:8 3:9 6:12,16

7:8,21 9:21 10:5,911:5,7,11,13 13:614:19 88:2,19 99:899:13 104:8,15105:21 136:14141:17 147:7148:11,13 151:18152:14 153:24154:6,7 156:15,20156:24 160:8,19,22161:13 162:15166:5,15,24 171:7171:13 172:22,24174:8 175:11 177:7178:11 182:16,24183:9 186:14,20187:8,12 190:6,8,12191:4 195:18196:15,23 197:10199:7 200:4,9,16,24201:1 202:2,14,24211:14 212:16213:9,22 220:16228:13 230:25231:22 232:17235:9,20 241:6244:9 245:5,12247:3,6 253:3 257:4257:9 267:21270:10 271:16,22282:3,5,9,11 283:13284:5 292:23 293:9343:24

koecks 230:13 272:2korea 35:24

Lla 339:21 340:3,4,4land 57:7,9 215:25

241:16 272:20337:23 338:3,6landline 118:10language 119:3,11languages 64:2laptop 288:3,4laptops 121:2,3,4

193:1larger 57:1las 136:3 138:4lasted 36:13late 80:13,14 284:23lately 348:13latinspeaking 64:15

64:18laude 44:16,16law 3:10 42:8,11,14

42:19,22 43:4,645:6,13 46:9 48:1951:23 105:9 187:13188:1lawful 15:3laws 159:10,12lawsuit 226:22 227:5

227:10,23 265:5,8266:25 283:20lawyer 47:2,8 117:19

117:20 341:17lawyers 341:6,7,15

341:24lead 60:14learn 157:2learned 53:18 54:1

119:14lease 55:6 295:1,13

295:15 297:6leased 55:8,10leave 134:18 135:15

219:25 301:3316:25 317:7,21,23

317:24 318:15319:16ledgers 344:2,10,11leer 56:2left 115:15 134:16,22

134:24,25 137:3141:15 188:21201:17 238:25275:14 300:12,15300:22 301:5 303:2316:3,20 318:8,11lefthand 180:21,22

181:4leftover 284:20legal 96:18 283:9

303:16 346:25legally 260:11letter 6:15 12:17

198:25 199:1 206:8209:16 213:9,11216:23 267:7 303:5347:18leumi 255:13level 73:18 333:25

334:1liar 326:6license 53:4,12 54:12

55:12 57:6,10167:21 333:22335:5,17 336:7,7licensed 45:5,11,13

45:16 142:18187:13licensing 336:5lien 1:14liens 238:25lieutenant 39:12,14

39:14liked 114:20likes 284:7limited 147:21 232:4

254:5line 335:1list 143:22listed 143:16 147:5

147:14 170:8

371Donald Bernard


171:25 172:4,21180:25 182:10listing 6:22lists 147:18 178:3liti 274:9litigation 226:15

228:6 229:6 259:23265:14 266:16268:11 274:9 347:8347:10 348:23little 18:7 140:22

270:24,25 316:7live 22:1 40:8 61:5

84:16 108:7,24110:8 113:14311:20,22lived 114:20 116:20lives 40:9,9,10,11,12

110:10 172:7 312:1living 63:17 113:15

113:25 114:1,13,18116:21livingston 113:16,20llc 9:17 10:22 27:1

92:8 333:10,13llcs 97:22,24llm 41:25 43:12,21

44:1,5 48:24loan 88:23,25 89:2

154:17,18 155:23157:18,21loans 155:16locals 105:25located 21:16 25:15

73:4 75:3 77:178:11 103:21 108:3130:9 136:2 158:3171:11 233:7lodge 108:12logical 96:12london 133:7 134:12long 23:15 35:8,20

36:25 38:17 45:1649:24 65:6 66:168:6 110:24,25111:17 115:8,17,18

115:24 130:11166:1 254:17 318:5326:22longer 38:12 126:20

155:11look 20:9,23 131:24

142:24 146:17164:1 170:18,19180:19 200:11,12200:12 206:18209:19 213:3215:25 217:13218:6 222:23 223:1228:15,17 242:5246:21 248:17249:23 250:5267:17 268:16,22291:2 292:20295:11 298:1looked 132:1 179:3

236:23 277:4298:22 300:23looking 70:15 162:22

162:23 166:12,25171:1 174:1 178:6,8182:25 197:8204:11,15 206:15206:23 209:22222:24 242:6 273:4276:18 277:24looks 148:10 173:2

265:25 283:25284:15 348:10,12lori 14:11losing 139:7loss 10:15 222:22

273:20 282:25345:15lot 34:18 51:9,24

52:20,23 69:21114:20 139:13146:3 225:1 226:4226:13,23 228:2,20228:22,24 229:1,5252:12 273:21274:3,10,13 278:14

278:17,19 286:12304:20 308:19322:6 324:18lots 6:22 223:8,10,10

223:11,25 224:8,12224:16,23 225:15225:16,23 227:22228:5 244:21247:10 248:14,15248:16,18,20 249:1249:2,4,11,16 260:1260:6,22,24 264:2264:19,25 265:3266:8,13,15,17,20266:22 268:3,10271:18 278:20282:1 286:4 293:13293:16,18,19,21loud 347:16lower 278:15luciano 117:21,23

118:9 119:18 120:3138:8 286:7 341:18lucians 35:5luis 11:10 286:1lunch 140:23luxan 3:4

Mmachine 73:9 300:10

301:4machines 73:11machining 73:7magnitude 107:25

340:17mail 297:8,9mailed 237:19 297:9mailing 21:4main 25:1,23 26:20

26:21 72:24 73:1345:12maintained 103:10

105:9maintains 73:12

189:1,5,7maintenance 23:11

major 24:13,14 98:1making 150:6,7malaysia 35:25man 82:4 346:24managed 103:16

104:5,13manager 26:12

105:23mandamus 144:16manila 68:16,23,25

82:10,16manner 292:16maple 143:18 147:25march 198:10 206:19

206:19,24 207:6,6,9207:17 237:8261:22 269:10,14276:3 337:12marcie 294:5,9 296:4

296:24 297:12,14297:17 299:5 302:3302:7marilyn 110:7,11marine 70:4marios 284:21mark 142:21 144:6

146:16 164:11165:25 177:17182:13 184:2205:16 210:23213:24 223:15225:7 230:8 231:7252:1 255:3,17256:18 259:9 266:3268:5 273:15 274:4278:22 306:16307:7,12 308:5321:8 330:25 343:8marked 144:9 150:12

150:15 163:3164:14 166:3 167:4167:9 173:17,20177:20 178:11184:7 207:16 209:1211:1 213:2,7 214:2217:15 225:10

372Donald Bernard


230:11 231:10232:11,13 233:10233:12 239:11,13250:15,18 251:14251:17 252:4 255:6255:21 256:21259:11,20 266:6268:8 273:18 274:7278:25 285:6,9287:7,9,11 291:4,7339:3 343:11 349:6market 66:15,17

249:8,9 270:22marketing 94:4,5,6

333:11,12marriage 59:16

63:23,25married 59:11,12

61:11 63:9,14,20martino 141:22,25mary 22:15massachusetts 25:22material 351:6matter 152:8 268:2matters 47:22,24

240:5mcmullen 14:11mean 17:4 22:17 29:2

34:21 52:12,1454:16 64:12 73:8,1778:15 90:8 98:17,2599:19 102:5 107:3110:16 111:22117:11 119:21139:6 146:12153:13 161:9,17163:25 165:6168:20 176:19182:23 189:3191:10,14,15,22193:24 194:10197:2 207:8 220:25248:23 252:7265:19 269:17272:10 275:18294:1 304:6 324:15

326:16 333:18meaning 346:11means 32:25 49:19

52:16 85:21 90:9151:6 333:17meant 36:6 282:24mechanic 17:17mechanism 241:23medical 335:8medicals 334:20medication 58:13

304:22,23 305:4medicine 58:18

304:24meet 52:11,13,23

59:3 61:16 108:19108:21,25 110:1111:2 194:2 206:12297:12,14,16304:17 305:12315:21 331:21meeting 5:20 7:14

11:17,22 12:9,1420:21 110:13,14133:4 190:7,9,11,15198:11 206:20220:18 232:19,20232:22,25 233:2234:17,18 241:25242:6 244:24 245:4245:15 246:22247:18 282:6,10307:23meetings 68:9 74:11

74:22 76:16 174:15190:2,4,5,8 191:24192:5 193:22320:16member 73:23,25

75:13 77:6,7 79:379:11 80:20 81:1,1883:5,8 161:25 162:5162:6,9 187:8201:22 283:3members 68:2 74:2

75:14 80:23 82:24

160:20 161:8,9162:2 187:11190:25 191:2,11194:8,10memberships 76:5memo 9:22memory 170:21,21

247:1 346:6mendenhall 2:5 14:9mental 331:4,6 346:3mentioned 66:11

92:7 315:16 351:10mentioning 282:20mercedes 348:7merged 85:4merios 284:21,21message 265:19

300:12,15 301:5met 52:20 59:4 60:23

61:17,19 63:1371:14 81:7 82:11,12106:3 109:1,4 110:2114:10 115:13168:9 297:13304:18 305:15308:8,18 319:24320:5,6,9 321:5,8342:23metal 73:10,11,14,16metro 81:14,15mexico 57:5 63:21

64:22 65:5,11,13,2366:8meyer 3:10,10 12:19

14:17,17 124:19125:2,20,23 126:1141:1 142:1 144:10144:14 145:18150:10,18 152:18156:18 181:22210:9 218:14,20227:1,8,11,15229:14,18 234:8264:23 266:11276:5 291:20 292:5292:8 296:7 350:9

michigan 41:14mid55 35:9middle 51:1 250:21midwest 25:17mike 110:7military 32:15 33:12

36:19,23 37:1 39:2168:12,15,18,20million 89:11 100:5

100:25 102:13103:2 322:10,13324:10mine 26:7,9 59:5

167:2 328:3minesweeper 34:25

35:1mini 294:10,11mining 26:6 28:5

29:21 30:11 92:7,22112:4minor 228:22 278:19minute 20:21 51:2

142:23 146:17186:7 206:22209:18 231:13minutes 5:9,19 7:13

11:15,21 12:1319:23 159:4,5 161:2161:3 173:25 174:5174:15 179:2,3186:7,10,18 189:5191:24 192:6,23193:21 194:2197:22 203:5,22204:10,12,15206:13 208:19209:12 232:18240:2 242:5,6,9244:19,22 245:25246:21 287:18288:5 289:20291:17,25 322:24323:13 344:2,6miscellaneous 112:17mission 168:4missoula 294:15

373Donald Bernard


297:10,11 298:12302:14 303:20304:2 311:1 312:6,7312:8,12 314:10mmhmm 18:13 21:1

23:6,9 24:22 25:1326:13 27:5,7 29:2534:20 36:1,5,8,1037:8 38:11,14,19,2139:13 44:15,1946:16 47:21,2350:20 51:7,10,1452:22,25 56:3,1257:17 58:5 64:1165:12,15 66:5 67:1171:8,11,13,20 72:1072:22 78:10 92:2193:14 95:2,14104:23 113:1,3,6118:11 119:19128:1 138:5 139:7139:14 193:15213:10 222:11242:15 258:9 275:9294:3 310:12319:13 325:10332:4 335:13 349:9349:13mmm 74:5 106:18

107:20 248:19329:25model 87:4mole 24:16 84:11,14

84:15 87:20 91:2396:15 153:4 159:16moment 178:18

242:5mon 288:1monday 284:22

285:11 299:25300:2,18 301:6money 10:7 30:7,10

88:6,9 101:17128:20,21 138:16139:22 146:3,6,9,11152:2 156:2,10

157:2 173:22176:25 177:4,8186:16,23 188:21199:15 220:1 222:3222:21 238:25247:8,15,23 248:6248:10 249:5,16251:4 252:5,8,18,21252:24 253:2,11254:10 261:5,18263:14 264:19,22264:25 266:19,22266:23 268:19269:18,21 275:17275:19,23 276:9,14276:15,22 277:8279:3,7,10,11,17,20285:11 322:6 324:7324:9,13,18 329:18340:8,9,12 342:5,8342:11,13monica 3:4 12:19

14:15montana 1:2,9,10 2:6

2:8 3:5,6,12 6:2014:3,9 21:5,1223:23 29:9 64:1094:14 101:22108:22 112:23113:8 115:16134:14 135:2,5,5,13160:3 172:5 187:14233:7 247:5 252:23253:3 281:16287:24 288:2 307:1320:4 332:2 333:13338:17 351:22352:2,24montgomery 352:5month 32:10 37:15

125:16 318:6 339:9339:11 340:19monthly 217:7

272:16months 113:5 131:4

221:3 237:11,13,15

238:17 261:19308:2 318:7,8320:12,13 334:8,9337:13 348:12monticello 143:14mood 348:6morning 299:25

300:2,19mortgage 80:9motherfucker 347:24

348:10motion 281:13 282:2motions 260:4mountain 5:8,12 8:11

8:19 9:6,13 101:20171:1,8 175:9177:24 180:2188:11,25 216:18249:24 250:20251:6 253:8,9,20255:7,23 257:25258:7 265:22339:15 340:12,23move 63:17 113:7,10

114:6 116:11132:10,20 139:22moved 325:6msn 121:17,19,21msu 61:9murfitt 3:4music 59:24mutually 205:6,13

Nnagel 2:9 14:10 352:4

352:23name 10:21,23 15:20

15:23 16:3 17:621:10 22:6,7 25:1940:14,16 55:2 61:1267:17 69:23 78:682:4 90:10,13,19,2291:1,17 92:10 99:21101:9 117:22,23128:15 130:20147:6,12,19 148:9

148:22 154:25158:1,2 169:18172:21 174:19175:25 184:21185:1 186:12204:21 211:13,19211:24 213:17215:6 284:7,8292:17 295:22296:20 302:22305:5 306:25311:18 332:16333:7 339:23,24351:21named 17:18,20

169:24 172:14,20259:22 260:18299:8 352:12names 24:14 110:6

148:10 182:10184:17,20 224:14333:5narcotics 305:10

306:4,10 330:25narrowing 240:23national 75:5naval 33:17navy 32:16,21,23

33:4,10 34:3 35:1742:18,21,25 54:2,1971:10 112:16ne 235:15near 21:22 135:11need 35:19 38:10

106:9 117:3 141:25175:7 269:4,7333:18needed 155:11 175:1

175:2 176:1,24309:22needs 106:11 342:4negotiate 206:10

233:5,13 291:10,16291:16negotiated 157:23

281:17

374Donald Bernard


negotiating 7:17154:22negotiations 206:7neither 32:19 235:15net 217:1nevada 115:10,14,15

134:24,25never 77:20 83:18

94:7 97:2 116:20153:21 154:10156:17 165:16180:4 187:11,18,21187:22 191:6 201:9202:8 216:21217:16 226:2 247:6259:7 261:14264:13 265:13271:14,18 274:11279:13 282:20283:17,20 284:7286:6 331:5 332:5338:6 342:9 344:8new 27:4 38:25 59:20

60:2 86:25 105:5122:13 155:14nicknames 15:25

16:1nissan 286:3nobodys 19:5 218:5nod 18:12nodded 19:1nominated 166:8,14nonprofit 69:5noon 140:23 302:10normal 95:3normally 74:17

120:14 194:3252:14north 21:19 56:2

148:6 214:14nos 259:20 339:2notarial 352:19notary 2:9 347:19,21

348:5,15 351:22352:4,23notes 140:1 192:3,4,8

192:9,15,18notice 14:13 19:11,15

198:11 244:15246:18 267:1 283:9notification 238:21notified 234:22,25

235:25 236:3notify 235:6,9november 303:6number 46:23 58:3

84:23,24 87:17118:16,17,24122:19,21 167:4,5171:14,16,17,19,22172:1,19 177:18180:25 184:3 248:3248:4,9 250:1259:12 273:16298:22 300:6,7,22numbers 110:21

144:15 228:2 229:1numerous 86:14nuts 286:2

Ooath 15:5 18:18ob 124:19object 156:18 181:22

264:23objection 124:19

125:2,20 145:18150:18 152:18210:9 227:1,11229:14,18 234:8266:11 276:5291:20 292:5,8296:7obligations 267:3

282:23obtain 215:12obtained 160:2,4,17

163:18obviously 249:3

286:2occasion 132:2 319:2

327:5 329:6,13

occasionally 58:10occasions 127:19

320:5,7,9 328:20oclock 140:24october 232:19,21

337:10odessa 143:14 148:6offer 199:2,3offers 225:12offhand 126:22 128:3

155:7 170:19173:23 174:19255:10office 25:12 49:5,14

52:24 118:2 126:9241:11,12 288:13302:1 347:21officer 27:9,10,14

32:22 33:4,11,1434:8,23 36:4,7,1267:3 98:19 174:21176:21 241:17,18241:19,21,24 242:3260:18,23 282:24302:23officers 34:6 150:21

172:14,20 195:16204:17offices 2:4 14:8 25:15

74:12 204:21official 265:23

294:10oh 20:16 22:19 26:7

26:23 27:21 35:2240:22 48:2 55:1756:10 58:17 81:1585:25 94:24 115:9125:6 127:8 164:4167:2 171:17193:10 200:20207:8 247:3 248:12250:24 253:24269:6 305:21309:16 312:10318:10 320:11322:19 336:4

341:12 344:5349:12oil 78:8,9 80:7okay 15:15 16:5,8,23

17:7,11,20,22,2418:4,7,20 19:2,1019:15 20:2,5,7,8,1820:20,23 21:2,3,1521:22,24 22:1,423:18,22,25 24:1926:11,16,21,2527:12,18,21,2328:10,16,20 29:1,1529:18 30:8,10,1331:2,12,17,20,2532:3,6,9,11,1433:13,16,20 34:1134:14,16 35:8,10,1435:16,18,20 36:1336:18,25 37:4,21,2337:25 38:3,5,2439:1,4,6,16,18,2139:24 40:20,22 41:341:11,13,15,20 42:442:12,15,19,21,2443:2,6,11,14,20,2344:5,11,21 45:5,1046:7,24 48:12,18,2348:23 49:2,6,9,1349:19 50:1,5,10,2451:18,20,25 52:553:8,10 54:14,2455:2,5 56:17,20,2257:12 58:7 59:10,1359:19 60:21,25 61:961:11,14,21,24 62:262:5,8,14,21,2463:1,10,13,20 64:766:8,11,16,17,2167:2,20,25 68:4,6,868:15,17,23,2569:13 70:8,18,2171:4,25 72:13,16,2073:6,20 74:4,7,1174:14,16,20,24 75:375:7,11,20 76:16,20

375Donald Bernard


76:22 77:5,10,16,1977:21,24 78:2,4,2279:13,18 80:6,11,1480:19,21 81:9,2482:11,13,21,2483:11,14 84:4,7,1084:12,18 85:2 86:186:3,5,11,17,19,2487:1,3,20 88:6,1688:18 89:5,16,1990:3,6,21,24 91:3,691:16 92:1,3,17,2093:1,8,21 94:2295:7,11,17,19,1996:4,16,18,24 97:1597:18 98:3 99:7,999:25 100:10,17101:7,11,17 102:1102:12,18,21,24103:4,7,19,23,25104:9,14,20,25105:6,12,15,22106:4,8,22 107:2,6107:23 108:1,7,13108:19,25 109:10109:20 110:1,6,12110:21 111:9,12,20112:3,5,9,11,14,23113:13,17,22,24114:6,10,13,16,22115:1,3,17 116:3,6116:11,18,25 117:8117:14,17,20 118:1118:13,15 119:3,6119:10,15,24 120:7120:21,25 121:2,12121:15,22 122:1,3,7122:19 123:2,8,11123:13,17,19 124:1124:15,17 125:9,12125:14,17 126:3,8126:12,13,23 127:2127:4,9,15,18 128:8129:11,19 130:2,11131:15,18 132:9,15132:17,23 133:1,12

133:14,20 134:7,12134:20,24 135:4,15135:23 136:12,14136:17,19 137:8,11137:15,18,20,23138:1,7,9,21,25139:10,21 140:14140:18,21 141:3,15141:24 142:11,17142:20,25 143:12143:15,20 144:3,6144:14,24 145:16146:4,15 147:2,5,9147:14,18,23 148:2148:8,16,19 149:5150:2,23 151:1,4,19152:5,15 153:2,17154:2,7,18 155:8,12155:23 156:10,13156:15 157:5,11,13157:21 158:3,5,25159:7,10,22 160:1,9160:15,18,20 161:6161:7,14,18,25162:8,13,18,22163:4,8,10,12,16,19164:5,6,10,24165:11,13,18,24166:4,8,17 167:3,7167:25 168:4,17,24169:3,13 170:1,1,8170:15,20,24 171:2171:11,24 172:10172:25 173:4,8,11173:16,24,24 174:7174:14,23,25 175:9175:20,23 176:1,10176:18,23 177:4,8,8177:13,16,24178:16 179:12,15179:18 180:6,13,18180:20,25 181:3,8181:11,16,19182:18 183:2,14,23184:1,5 185:3,10,17185:23 186:1,15

188:2 189:1,7,10,19189:23 190:1,20,23191:8,19 192:1,5,14192:17,20,22 193:1193:5,7,12,19 194:1194:4,8,18 195:7,19195:22 196:3 197:6197:10,18,19 198:7198:23 199:8,11,14199:19 200:5,8,20200:21 201:4,8,21202:5,17 203:3,8,19204:5 205:3,8,15206:1,22 207:19,25208:4,19 209:4,14209:23 210:3,8,15210:19,22 211:4,12211:18 212:14,17213:8,23 214:3,7,10214:15 215:3,8,17215:23 216:5,17,22217:3,6,9,13,18218:9,13 219:3,4,9219:11,16,25,25220:8 221:2,9,20,23222:2,16,19,19223:7,14,16,20,23223:25 224:3,10,12224:21,23 225:6,21226:4,12 227:22228:9,17 229:3,25230:7,16,19 231:5232:10,18,22 233:9233:16 234:1,6,13234:22 235:6,19,22235:24 236:10,19236:22,25 237:3,11238:13,16 239:3,9240:15,22 241:2,10241:15,21 242:2,12242:22 243:3,15,18243:21,25 245:17246:9 247:12,17,20248:1,3,7,12,25249:5,7,14,19,21,23250:4,11,14,19

251:1,4,8,13,18,22251:25 252:11,18253:15,17,22 255:2255:11,14,17,22256:2,17 257:13258:6,17,21 259:3,5259:17,25 261:1262:7,11,12,14,17262:20,25 263:4,7263:12,19,23264:15 265:10,16266:2,19,24 267:16268:5,15,22 269:4269:15,25 270:17270:24 271:7,11,20271:23 272:1,23,24273:10,14 274:4,12274:25 275:4,6,6,21276:1,17,25 277:4277:12,23 278:4,7278:14,21 279:12279:24 280:3,7,12280:15,20,24 281:1281:9,12 283:8,14283:22,25 284:11284:16,25 285:3,17286:14,19,25 287:2287:5,17,17 288:5,8288:16 289:19,25290:9,14,21,22291:14 292:14,19293:4,24 294:5,23296:4,6,13,19 297:2297:10,16,23 298:6298:19 299:1,3300:10,14 301:11302:6,18 303:5,14303:19 305:6,12306:9 307:12,25309:4 311:16,24312:3,5,14 313:10313:15,22 314:3,13314:16,25 315:21316:17 317:4,17,21318:5,8,23,24 319:4319:11,24 320:15

376Donald Bernard


320:18,23 321:19322:14 324:13326:5 327:6,22328:4,22 329:2,22330:11,19,21 331:3331:8,17,21 332:7332:25 333:4,12334:2,15,21 335:2335:10,15,22,23,24336:4,8,11,14,16,18336:19,23 337:3,5,8337:23 338:7,15339:7,11,14,16,20339:25 340:8,10341:1,4,11,16 342:5342:17,21 343:5,16343:20,23 344:7,10345:1,7,14,21346:14 347:14350:14oklahoma 60:13old 21:24 70:1 93:25

172:9 313:20oldmixon 130:17,21once 16:19 34:7,23

37:15 190:3 216:2302:7 308:10ones 25:23 59:20,20

94:1,3 95:10 121:12160:23 165:22183:19 211:4 262:8333:7oneyear 133:8ongoing 336:3online 123:12 315:9open 170:1 173:22

175:8,10,20 176:2176:20,24 180:14180:15 186:16299:17 314:22opened 170:11,25

171:2,6 175:25177:1,8,22 180:11180:12 181:19182:1,3 186:15opening 5:11 175:14

180:16 181:10operate 96:6operated 145:4operating 142:16

144:22 164:7operation 28:1 73:9

92:7 107:15 198:22254:10operations 26:14

93:2operative 165:18operator 14:10 55:4opinion 194:23,24

286:16,17 292:12opinions 140:8,9opportunities 30:3opportunity 64:10

264:4 350:7,10opposite 204:21oral 1:22 2:2 18:14

310:10 334:14336:12 337:4 351:9order 206:13 286:12

292:23 314:19organization 73:10organized 287:9origin 28:8 44:8original 20:3 53:15

167:12 184:11284:3originally 29:8 82:12

198:20originating 8:20 9:7

9:14orleans 38:25outdoor 167:25outgoing 9:4,11

255:8,24 261:7276:9,21outofpocket 69:7outside 25:21 53:24

82:18 102:7 108:4,5113:16,19 114:7115:20,23 135:10137:14 166:13overseas 57:12 252:6

oversee 26:13 215:23overstayed 136:24owe 155:19,21owes 197:11owned 27:20 55:13

55:18 87:23 95:12113:18,19 142:7221:25 232:6293:12owner 49:22 98:24

98:24 99:19 100:20153:9owners 17:18 24:9,13

24:14 46:15 99:7153:3ownership 1:16

24:17 99:9 132:18142:2 154:12156:21 157:16213:14 229:12230:2owning 56:22owns 24:8 25:12 91:3

197:11,11 332:18333:4,9

Ppacific 34:19package 316:15page 4:2,6 5:3 6:3 7:3

8:3 9:3 10:3 11:312:3 13:3 147:1181:17,18 198:24211:10 212:7,8,15228:11,17 239:11pages 166:1 351:5

352:14paid 23:18 80:5

99:24 106:20 112:9112:10 123:7,24128:16,17 129:19129:20,22,23,25131:11 134:1,2155:17,18,24 156:5189:14,23 199:11204:5 215:1 223:7

224:23,25 245:20245:21 247:8248:10 259:3 260:1260:6,15,22 264:1,6268:10,13 270:22271:14 275:20277:7 281:19323:19 325:8,11,14327:12,17 329:7339:8 347:11 348:7pain 304:24 305:4pampa 339:22 340:3

340:4panama 9:10paper 282:1papers 20:19 310:5paragraph 172:12,13parameter 76:11pardon 22:9 47:4

50:15 80:2 218:3329:15parent 27:10park 31:18,25 113:2parking 308:18parks 114:1,3part 28:5,7,21 54:21

84:4 92:8,11 98:24101:14 128:13168:18 181:23282:23 303:15participant 241:8participate 74:18

191:8,10 203:19participated 287:15participating 74:21particular 48:12

139:15,18 204:12partner 56:8,10partners 45:25 46:3

56:8,18party 8:20,22 9:7,9

9:14,16 17:19247:10 249:18pass 45:1 254:15passed 233:4passengers 57:25

377Donald Bernard


58:3,4 338:11,13pay 22:16 69:4,6

99:22 100:3,8102:12,15,25 107:5107:8,9 123:8129:22 189:13214:18 245:19,23251:20 253:5,14271:13 279:17,17324:6 327:11,13,16327:25 328:4347:24payable 251:20paycheck 322:18,19

322:21 323:1paying 70:21 269:25payment 260:24

271:12payments 264:16pays 106:19pc 9:23pending 260:4pennochs 109:5

110:2,5pentagon 38:23people 52:20,23 56:7

62:13 64:16,18 68:569:22 77:9 95:4153:7 194:18301:24,25 304:6310:12,13 317:9326:5,9,11,24,25percent 24:18 87:18

87:25 88:10,12,1488:16,18,21 90:4,1791:19 99:11,13percentage 24:17

87:24 217:1performer 60:3period 28:22 38:1

48:24 72:1 77:1078:5 115:6 133:6,8periodically 111:3

139:8perlas 82:5permanently 113:8

permission 109:18person 152:11 161:18

204:20 297:6318:25 319:3personal 124:1

128:18 141:16152:23,25 186:21189:17,24 199:25204:14 247:1275:23 292:17293:5,9 307:23322:15,16 325:12325:17 349:19personally 122:9

123:8 189:14240:24 259:22260:18,19 264:11264:12 270:15275:22 283:18persons 1:11pete 102:12 104:22

106:23 107:9 108:7114:10 117:1119:13,15 120:5121:13 124:25125:3,15 126:5,14127:5,13,16 128:10129:4 130:23 132:7132:9,24 134:5,10134:13 135:13,15136:6,10 137:2138:25 139:3177:25 178:4 193:8194:4 199:11203:10 206:8 216:7216:9 235:16,20236:8,17 237:1,24237:25 238:18,22246:9 254:23257:17 258:1 261:4261:17 264:18,21267:5 282:18,22283:2 285:20286:13,23 287:2288:19 293:9310:17,19 313:1

316:3 317:11,12,15317:21,23 318:22321:24 322:2,4326:1 329:14,16330:2,19 340:18342:3,4,5,24 343:13343:17,24 346:1,3346:20,23,24347:15 349:18peter 1:8 3:9 6:12,16

7:8,21 9:21 10:5,911:5,7,11,13 13:614:19 88:2,18 99:899:13 104:8,14105:21 108:19118:4 119:10124:11 136:1,11,13136:14,14 137:21139:21 141:17147:7 148:11,13151:18 152:14153:24 154:6,7,19155:8,23,25 156:4,5156:15,20,24 160:8160:19,22 161:2,13162:15 165:4,5166:5,14,24 167:17168:10 169:1,24171:7,13 172:22,24174:8 175:11 176:6176:10 177:7178:11 182:16,24183:9 186:14,14,20187:8,12 190:6,8,12191:4 194:13,17195:18 196:15,23197:10 199:7 200:3200:9,16,23,25202:2,14,24 211:14212:16 213:9,22220:16 225:11228:12 230:12,25231:22 232:16235:9 237:14240:25 241:6 244:9245:5,12,17 247:3,6

247:14 248:25249:16 252:18,21253:3 254:11,13257:4,9 258:11267:21 270:10271:15,22 272:1,13275:7 282:3,5,9,11283:13 284:4,13,14284:17 285:10286:19 287:17292:23 293:9 298:3322:14,18 324:24325:3,9,16 329:24peters 158:5,14 177:5

231:1 247:20 248:1petes 128:20 177:8

295:16 316:24324:11 339:8,23pgs 4:21phi 44:18,18philippine 83:4philippines 67:14

68:14,15,22 78:1981:16,22 82:17phone 68:10 84:24

110:21 115:12117:5 118:12,24122:15 123:23125:11,12 190:21282:8,13 300:6,22305:18 308:10,11318:25phones 117:7photocopied 207:4,5photographer 70:5physical 301:25physically 21:16

165:6pick 342:24 343:1picked 85:17 258:13

316:2pico 98:10,11,15,20

99:3,15 105:12131:20 138:15221:25piece 348:4,9

378Donald Bernard


pieces 73:11pilot 17:15 53:14,19

56:25pilots 53:4 54:12

333:22 335:5338:17piper 56:1pipestone 21:22place 15:12 38:13

96:6,12 113:13114:7 152:12 176:8193:22 284:24287:21 313:3,5,6,6338:3,7 351:10352:11placed 182:19 184:25places 34:18 38:15

52:21 65:2 107:16120:22plaintiff 1:6 2:4 3:2plaintiffs 1:16,17plane 17:17 55:6,7

56:13,23 57:19337:21planes 55:13,16,22

56:4,18 57:2 333:4planet 348:13plans 337:1plastic 316:11,11plat 19:25 215:13play 60:11plays 60:5please 21:7 265:22,24

292:22pllp 3:4,10plus 263:3poa 200:15point 36:21 153:12

153:15 168:16199:10 294:2295:17 296:21305:13police 302:13,20,22

303:18,20 304:2311:1political 1:9 42:2

port 36:11 74:25 76:676:8portion 29:21 30:11

87:22 267:24271:16position 31:3 37:16

69:10 227:9 234:13259:25 260:5,10,11260:16 264:1,5274:8 283:4,14294:10positions 331:9possession 348:11possible 1:18possibly 98:9power 7:9 24:5,20,21

24:23 25:2,25,2528:7,12,20 29:9,1683:20 85:3,4,1986:10,12,19 87:7,1394:7 95:19 123:5141:19 142:12,14143:2,6,9 144:20145:1,2,3,5,8146:10 147:7,22148:11,20,23150:17,20,24 151:2151:7,9,14,15,20152:1,3,6,16 153:15153:17,19,25 154:3154:7,11,16 155:9,9155:12,13 156:1,4,5156:16 157:9199:19,22,23,25200:2,3,5,23,25201:22 202:10,13213:18,19 230:13230:23 235:19291:12 332:12,13332:14powered 143:8practice 44:7 45:6,13

45:17 46:1,2,2447:3 49:3 50:2 64:9187:13 188:1practiced 45:24

187:24precision 73:2,7,9precy 82:5predicated 260:17prepare 125:18prepared 191:5

209:21 289:8pres 219:5present 1:18 14:7,21

93:15president 33:8,9,11

34:13 96:9,14 205:5205:12 206:11213:18 231:23232:1 233:5 242:8244:9 267:14283:13 323:18pressure 58:17pretty 119:14 298:16previous 63:22 184:9

185:6 259:11previously 29:20

213:19 250:1price 100:5 102:14

102:19,23 103:6199:5 249:10268:10 281:25282:18prices 249:9primarily 17:16 26:8

42:2 48:17 51:257:5 68:16 70:1583:3 167:18primary 105:23principal 153:5

231:23print 193:9,11,19,20

288:8 351:21printed 192:13,15

212:10,13 244:4265:17 288:10,11288:17prior 51:3 201:17

301:15prison 330:22private 47:3 50:2

53:23 54:10 158:18159:18privilege 124:20

125:23 227:2229:15 230:6pro 221:5prob 55:20probab 80:24probably 16:15 18:7

23:17 26:1 28:5,828:22,24 30:12 31:645:18 68:11 72:974:5 79:20,23 80:1683:3 90:2 97:1399:16 105:5 125:16127:22 168:16258:20 290:13302:10 340:14problem 289:15

299:6,7 301:9,10349:14problems 346:6,8procedure 2:8proceed 205:24proceeding 136:8proceedings 136:25

141:11 198:3239:21 277:19338:25proceeds 10:19process 33:1 252:13

335:4produce 150:2 183:3

183:16,21 185:5,13219:6,23 258:21produced 183:3,12

218:14,20 219:12219:16,21,22220:22 221:6,7273:5productions 60:6,17productive 205:24professional 70:4

71:12proficiency 334:19profit 4:17 6:4 10:15

379Donald Bernard


67:7,8 79:24 80:383:12 151:10163:21 217:1271:17,19 273:20345:14profits 234:6,11

272:19profitsharing 209:24

210:7 217:3,11,14217:21 219:1,20program 33:17 34:7

34:9 42:5 65:17,1865:21 66:7programming 59:23

59:24project 70:1projects 69:22 71:18prop 55:25,25proper 96:5 335:12properties 131:21,24

244:15property 1:14 6:20

21:15 22:2 23:23109:13,16 113:17114:24 116:13137:15 203:1208:18 214:8,11,12214:15 215:10221:21 222:7,8,10228:20 229:13232:6 240:4,21246:19 247:7 267:2270:5,23 271:3,4,7271:8,10 291:12292:17 293:9,10,12proposal 282:16proposed 271:17prosecuting 49:9prove 270:13 271:23provide 196:9,10

290:19provided 150:1

198:24provides 333:17providing 323:25province 340:5

psychiatrist 286:15psychologist 286:15public 2:9 4:7 37:11

40:18,19 142:18,22158:18 193:13235:18 236:3 244:2283:9 351:22 352:5352:23publications 107:19

139:25publicity 107:13publish 71:23purchase 88:8,10

102:23 132:3,10138:15 146:11152:4 164:19167:17 199:2,3214:15 222:3225:23 226:12,21227:6 232:5 249:10purchased 131:25

164:18,22,23214:17 215:5224:12,15 248:20248:22 330:2purchasers 248:14purchases 248:14purports 256:3

267:21 273:1285:19purpose 86:6,8

128:22 131:18133:14 160:25167:10,12 174:14175:14 176:18198:14,16 233:2244:14 245:15246:16 298:19322:25 345:1,8purposes 323:24pursuant 2:7 14:12

213:13 226:23231:24pursue 303:16pursuit 19:3pursuits 168:18,21

put 123:22 149:7152:11 165:6,10184:13 188:25196:11 203:22215:20 265:21,22267:1 277:2 297:7321:1 324:5 328:24

Qquad 312:4qualified 226:17

334:4,22 346:16quarter 37:17question 29:11 66:17

76:7 151:23 152:15152:16,21 161:6,7182:1,14 203:14,15223:3,5 224:4227:13 229:20,23230:1 263:25 265:1268:13 269:16276:7 291:23292:11 296:9 336:2questioned 331:15questions 142:2,6

338:19 350:5,8quick 239:14quite 82:8 332:9quonset 226:6 270:4

270:23 271:3,9,10

Rradar 21:18 108:24

135:9 172:5,7ran 85:17ranch 99:6 105:13,14

107:23range 31:6 103:5rank 39:4,8ranks 39:7,11ray 15:21,24reach 118:2read 107:21 139:23

145:23 171:21213:11 231:19,20233:4 237:1 240:14

246:24 250:22267:24 285:12,23287:13 291:17,24292:1,13,21 342:21344:6 347:15 350:7350:11 351:5reading 172:2 207:11

207:21,22reads 139:24real 1:14 7:18 10:19

23:23 81:20 82:1399:25 198:16,21232:5,6 233:6,14,17233:19 234:3246:19 247:5281:16 292:16293:5,8 301:8really 33:23 69:6

75:21 104:4 114:12161:21 195:8226:16 261:8276:15 281:3299:10 300:25306:14 322:7325:19 346:16349:3,17reason 58:16,24

91:14 117:6 184:18208:6 249:15260:13 289:13,18289:22reasonable 140:24reasons 129:4recall 18:6 46:23

72:8,15 75:15,2176:10 79:9,25 80:882:23 85:15 88:889:1,8 99:21 100:2100:24 102:10,20109:2,7 114:12,19115:16,25 123:6126:15 128:14129:20 130:24132:8 133:18 134:2138:23 146:7148:21 155:19

380Donald Bernard


157:10 164:20168:13 169:17170:13,17,19,23173:23 177:12179:14 180:8,9,16183:8 186:6,25187:2 190:10199:13,16,18 200:7200:10 202:15,15202:22 204:7214:23,25 221:15236:24 243:11,23245:20,22,24252:24 255:10256:1,6 261:15263:18 297:18,22302:22 305:11306:12 307:20308:8,10,11,13312:17 315:2 316:5318:1 319:2 321:7321:16,18 322:16325:14,18 326:24327:12,19 328:16347:9receipt 8:10 250:20

251:2receipts 290:9,10

328:23 345:19receive 151:10 152:9

217:1 225:11249:16 274:10,13received 82:22 152:7

154:12 156:20157:15 225:3247:23 249:22264:19 266:19,21266:23 274:20275:1 279:20 280:9299:5receives 322:19receiving 148:2

264:25 265:3recess 141:8 197:25

239:18 277:16338:22

recites 246:23recognize 83:19

148:22 172:25223:17 285:17recollection 296:10

304:21 305:7recommend 136:12

139:21recommendation

132:20 204:2recommendations

281:23reconvened 141:10

198:2 239:19277:17 338:23record 15:19 141:4,6

141:12,13 144:10144:13,13 163:5,9181:24 197:23198:4,5 205:22206:2,4 208:10,13212:21,24 224:25239:16,22,23277:14,20,21321:17 338:20339:1,5 350:15,16352:15recorded 201:10,16

201:18 211:10230:14,15recorder 201:15recording 235:17

321:15,16records 95:5 122:12

130:2 149:11,15,22156:9 179:15,17,21179:23,25 180:1,5189:2,3 201:13219:18 220:19221:1,6 224:18272:7,9 321:25recover 303:22recovered 292:24recovery 349:4recreational 167:25recurrency 333:24

red 105:19reelected 242:8refer 143:6 203:7

240:2reference 332:2referred 148:24

216:24 279:16303:10referring 42:13 92:12

143:1 227:24261:25reflected 149:10

179:5 186:10reflects 242:7refresh 18:9refusal 230:4refusing 227:16,19

229:22,25 290:19regarding 20:6

203:21 204:12213:14 348:2regards 286:13regional 75:5,8 77:3registered 93:25 94:9

169:13regular 106:10reimburse 329:4,5,18reimbursed 106:21

131:12 189:19245:21 328:18reimbursement

345:22relate 264:16related 62:15 91:1

102:16,17 167:18167:24relations 37:11relationship 137:20

196:1 349:19relationships 52:19released 297:3,5

309:8relied 132:16remained 36:23remaining 197:11

238:25 281:15

293:13,18remedies 303:16remember 16:14,25

17:1,2,2,4 66:3,6,1074:9 76:22 78:295:17 100:4 101:1101:15,18 102:4,23103:2 111:16115:11 122:8123:10 128:2 133:3133:12,24 134:16135:12 145:24146:20 154:24155:17 158:2174:18 184:22188:18 191:21215:6 223:4 243:21265:2 287:19296:12 298:14306:25 317:19320:16,21 321:13321:14 322:23341:5 345:12remembered 2:1removed 242:2renewal 333:23renewed 333:22rent 55:13rental 295:1rented 55:10rep 4:8repaid 156:17 157:1

157:8,10,13repeat 233:18replaced 23:8 148:25

149:2 151:18,21154:5replenish 340:9replenished 340:8

341:3reply 286:1,6report 4:8 142:22

216:8 235:1,3241:12 302:17,19303:23reported 280:12,16

381Donald Bernard


303:19 304:16310:23 352:12reporter 2:9 14:10,24

21:6,9 167:6 184:4251:14 259:14,16287:6 340:1 352:4352:23reporting 2:5 14:8,12repre 221:5represent 14:14,16

14:18representation

271:15represented 187:22

248:5 281:20representing 14:22

132:12 136:6reprimanded 331:13republic 26:10request 4:12 146:23

149:24 150:6,7,9,11requested 185:8

221:3 275:12295:19requesting 150:2

258:21requests 222:20require 59:23required 221:14

292:23res 86:15 207:10rescind 246:20rescinded 247:2rescinding 244:20research 29:24 30:2

44:10 69:25 70:1070:22 71:16 112:8146:1reserve 34:6 37:2,5

38:4reserved 350:20residency 323:9residential 82:14residing 351:23

352:24resigned 36:18

resolution 5:5 171:16178:3,10 186:4,9205:10 207:19233:3 239:6 244:19244:25 281:11,12287:13,18resolutions 4:22 5:15

166:17,18,25 205:9207:10resolve 205:4,12resolved 172:13

206:25 207:23resources 4:10 83:16

141:19 142:13143:2,5 147:21respect 292:6 346:21

346:22response 166:10

238:20 284:2responses 222:17,19responsibilities

204:22responsibility 216:6rest 20:15 220:24,25retain 205:12retained 240:9retains 341:6,11retire 39:1retired 39:17 45:18retirement 112:12,14return 10:12 236:10

273:2,6 274:17,21293:1returned 153:22

292:25 300:3307:21returns 220:23,24

221:10,12 238:23240:5 272:22 344:4344:7,8revenue 274:16 275:3

324:20revenues 273:11

274:1,10,13,22275:1review 221:17,18

231:13 286:10343:23 344:16345:25reviewed 236:22

344:8,14reviewing 224:17revise 133:5revocation 249:15revoked 201:8

235:20 239:4revoking 260:13rich 322:2,4,5rifles 169:8 316:13right 1:12 15:12

30:13 34:2 40:141:9 42:9 54:5,8,2054:22 55:11 62:1863:6,16 72:18 75:581:13 93:6 95:24111:13 115:2,24124:22 126:6,12137:2 143:16146:13 147:2149:13 155:8 161:4171:25 176:20178:1,5 190:14192:7 193:21 194:3195:20 200:18207:13 208:3,7,21214:5 217:17,25220:9 223:1 236:25239:1 244:7 245:23259:8 262:1,18265:14 267:2 271:1274:21,23 276:23280:7 285:5 290:8295:12 298:11299:14 300:18301:20 302:11,24303:1 306:11 314:9315:17 331:1 336:6341:17,21 342:6348:8righthand 182:11,15

273:11 278:15road 111:4,10 172:5

172:7roads 215:19robert 1:5 3:3 6:6 7:7

7:10 8:8,14,23 14:514:22 132:7 147:10148:11 182:17,24183:9 191:5 202:4205:6 206:9 209:20210:4,4 221:8228:12 231:25240:3 244:17260:25 269:1280:22,22 292:16351:25rocky 5:8,12 8:11,19

9:6,13 101:20 171:1171:8 175:9 177:24180:2 188:11,25216:18 249:23250:20 251:5 253:8253:9,20 255:7,23257:25 258:7265:22 339:15340:12,23role 67:15 73:22

75:11 79:1 80:1981:17 84:7 187:3240:15,18 242:3254:12roles 37:14 240:23roof 23:8rosa 108:4,4,5 117:25

340:5 341:22rotc 33:17,18 34:5rough 256:10roughly 85:11rudd 130:6,8,8,8rules 2:8 18:8rulings 265:15running 348:8runs 26:11 105:20

Ssafar 330:14safari 330:12,14,17safety 53:25

382Donald Bernard


sailer 306:16 307:7307:12 321:8330:25salary 217:7sale 6:22 232:5

233:14 249:18271:18 281:25sales 25:25 152:4

234:7,11 241:16272:20 273:21274:3,10,13 284:20324:16,18sam 9:10san 40:15,17sandwich 25:22santa 108:4,4,5

117:25 340:5341:22sat 175:23 344:22satisfactory 233:8satphone 348:8saturday 300:21

337:19save 193:7,10,12,17saved 243:25 244:3saw 111:3 128:3

129:7,8,12 130:23130:24,25 132:24133:8 134:13 135:1135:1,2,4,9,10,10135:13 201:23210:17,20 221:18247:9 261:1saying 184:23 253:18

260:22 261:4 279:2325:18says 143:14,25

146:23,24 164:2172:13 197:4204:20 205:4 209:2209:24 210:14228:2,22 231:15,18231:19 238:22257:11,21 261:12262:4 265:21276:12 280:9 284:4

289:13 299:18303:9,16scenic 21:5,11,11

147:15,17schedule 106:10school 36:17 39:22

40:13,15,18,19 41:741:9,12 42:8,11,1442:19,22,25 43:2,443:7,16,18 53:14,1653:18 54:24 55:1,265:6,9schupack 15:7,9,11science 42:2scope 334:13sea 37:17,21 38:9seal 352:19season 32:3 318:10seasonal 32:1seasonally 31:19sec 348:6second 60:18,23

144:11 150:9182:21 211:18212:5,7,8 228:11255:19 298:20299:1 303:14332:21 344:19seconded 281:14

282:4secondly 249:20secret 304:5 307:6secretary 160:3

161:24 162:4,12173:13,14 174:16174:17,20 176:13187:5,6,7,10 189:8191:17,20 205:2241:14 244:18,18245:7 248:23267:15 283:13288:11section 214:13

221:21 231:24237:2 303:8security 32:12 112:17

301:23,24 315:4,6see 18:4 20:14 60:15

111:9 127:15,24129:3,11 131:16141:25 143:8,15149:19 161:4166:12 171:15178:9 179:4 197:8200:17 207:12218:8 247:7 248:18250:7 261:3,9 276:8276:9 291:2 297:24298:4,23 323:10326:1,3 334:16345:3seeing 29:9 224:25

228:1 256:1seen 60:16 173:2

202:8 210:15217:16 226:2228:16 230:16,19233:21 253:25255:8,24 259:7260:24,24 261:14262:24 270:12272:25 280:11343:15sell 79:22 113:22

151:8 167:13 233:5233:17,19 247:25268:3 281:7,15,22282:18,19seller 100:22selling 7:18 86:10,12sells 24:23 25:4send 120:7 258:3,12

288:22sender 147:5,12senders 148:8sending 284:22

285:11 330:22senior 112:24sent 19:11 100:25

257:23 258:1,13261:5 279:6 288:20288:20 297:4

299:19separate 93:1 149:1

217:21 219:1334:20separately 348:2september 337:11ser 248:25serve 33:10 34:17

36:25 37:14 68:677:21served 34:18 36:6

77:11service 31:18,25

113:2 117:6 268:2304:5 307:6 348:7services 164:21

205:13set 86:6,8 91:11 94:6

95:1 204:9,12352:18sets 204:16setting 97:24seven 55:21,22

108:20 111:16seventh 35:12shakes 18:13shape 331:7share 6:18 24:10 91:5

142:2,5,10 159:2,7191:4,22 196:3,17199:9 213:15,16shareholder 5:17

28:12,14 66:2487:21,23 99:1 158:9158:10 162:16166:23 191:9,13,19194:22 231:23shareholders 24:10

161:12 191:3194:11,14 195:15195:19 196:13239:7shares 27:18 79:4,5

79:10,13,22 87:6,987:15,15 90:6,10,1390:18,21,24 91:3,14

383Donald Bernard


91:16 95:8,12 142:8146:5,12 150:23157:16 158:5,15,25159:20 196:21,23196:25 197:5,7,9,12197:16 199:3,12211:15,21 212:1sharing 6:4sheet 351:8sheraton 327:8shes 31:20,25 32:3

62:5shields 113:21ship 70:1ships 70:14,16shit 348:4,10,11,17short 78:5 145:4

197:20 205:22206:3 208:12212:23 277:10338:18shorthand 352:13shortly 111:19

298:14show 149:8 157:14

208:20 226:8255:11 268:19269:17,21 272:24273:11,21 274:15276:21 318:18,18324:3showed 280:21 319:6

324:16showing 150:3 345:8shown 172:15 264:17shows 107:16 251:4

255:12 274:22276:24 277:7side 182:11,15

273:11 336:9sign 148:13 179:12

184:12,15 193:8,20209:21 216:10,17236:15,17 251:8252:15,16 288:16288:19 310:15

329:11 350:11,13signature 148:9,15

167:1 172:23 173:1173:3,5,9 176:11178:4,12 181:3,6182:18 185:23186:5 212:14213:21 228:13231:1,22 232:16242:18 243:1,8350:19signatures 172:15,19

182:12,14,16228:10,14,14signed 34:3 91:24

156:14 161:1,4162:23 166:22173:13 174:9 176:6176:10,16 182:20184:24 185:16199:6 200:14,14201:6 206:8 210:4214:22,25 232:15236:10,24 246:9297:6 344:5,5 351:8signing 213:17 240:5signs 194:4similartype 51:5 70:2sinco 103:16,18,19sister 40:11,12 62:11

62:12,17,20,22,2263:7sisters 40:3,6,7 63:4sites 70:13sitting 52:24 175:6

245:11six 55:20,22 212:17

261:19size 57:19skill 352:16skyban 332:22,24

333:8slip 261:23slips 261:9small 78:23 80:9smaller 87:22

smoke 58:11socalled 257:22 262:4social 32:12 112:16

128:24 129:1,3sociology 61:10sol 98:10,11,11,15,20

99:3,15 105:12131:20 138:15221:25sold 80:4 86:1 223:8

224:16,24 234:4247:11 248:4,5,18248:21 249:2 286:4293:14,15sole 5:16 166:23

187:8 204:23somebody 100:25

194:16 284:12somewhat 228:15son 59:25 60:1 90:12

90:12 121:9 311:11311:12,16,17313:20 314:7soon 193:22 286:9

309:10sorry 21:8,9 80:11

88:16 141:21171:17 236:8251:15 287:8317:24 340:1sound 140:24sounded 299:10

300:24source 323:2 324:20south 21:19,21spanish 64:3,16,19

119:12,13,14speak 64:2,3,16,18

309:16speaks 119:6,10,13special 5:20 7:14

11:16,21 12:13 44:744:9,12 57:6 190:3190:5,7 234:17246:21specific 133:25

specifically 102:10292:3 293:24speculate 89:12speculation 159:21

276:6 321:21speculative 322:7spell 15:22,23 21:6

67:17 84:14 101:9103:17 109:14110:4 117:22130:20 332:23333:2 340:3spend 275:17,19,23spending 220:1

321:25spent 65:2,23 66:2,8

66:9 146:3,6 152:3152:23 153:1spoke 125:3 126:14sporadic 117:2sportsman 316:10spot 15:7,8spots 286:12ss 352:2st 51:17stack 206:20 207:4

207:13 208:7stadium 3:11stag 105:19 330:12stage 60:5,16stamped 248:18stand 34:5 169:16

299:16standby 38:6standing 302:1stands 165:19 227:11stars 250:22,24start 23:16 144:17

146:6 322:21,23started 15:16 28:1,5

29:4,23 41:6 50:2586:25 111:15 146:1155:14starting 28:23,24

29:1 30:12 256:23256:25

384Donald Bernard


starts 172:12state 1:10 16:23 47:5

48:1,10 49:21 74:2575:6 77:3,4 142:23160:3,3 189:8 233:7235:8,18 241:14332:2 333:25351:22 352:2,5,24statement 168:4

273:20statements 272:10,16

310:8,10 314:25315:9 344:25 345:3345:10,15states 33:8 142:17

252:9stating 260:17 279:6station 302:13status 44:12 143:25

189:7 191:6stay 81:9 108:9 116:9

116:23 128:12144:13stayed 43:20 327:3,6

327:9staying 109:1,3,4,6,8

109:9,11,16,24steel 73:14steps 149:5steve 130:17stint 42:25stock 6:11,19 66:13

66:15,16,17,19142:5 199:4 211:9211:10,12,15,18213:15,16stole 326:25stolen 310:24 311:2,3stop 111:11 247:14stopped 65:13storage 294:11,11,20

295:15 296:20297:25 311:4,5,8312:11,20 314:11321:1store 316:10

street 21:10 139:24stretched 43:8structure 163:17studying 29:5 61:9

112:2stuff 205:21stupid 286:20style 16:14 17:1,2,5sub 92:13,17,18,19

93:9,22subdivision 1:9 19:25

208:18 214:13215:13 217:2 220:2222:22 223:8 224:8224:13 228:23,25278:19 293:13,23293:25subject 226:5 227:23

228:6 271:7submarine 37:9

53:16,18 54:4submit 215:14

345:21,24subpoena 19:10subscribed 351:15subsequently 141:9

198:1 239:19277:17 338:23subsidiaries 26:25subsidiary 27:14,15

30:21 78:24 92:10substance 346:8,11sued 17:12,13 265:11

265:13suicide 348:15suing 17:11suit 17:16suite 3:11 143:18

147:25summa 44:16summarize 71:22summary 12:6summer 32:4 41:12

66:2,7,9 297:21313:18 315:22318:2,3 319:21,22

319:25 320:10,16321:3,6,11summers 32:1,2

113:25summertime 114:11sunken 70:16sunroom 23:5,13superstar 60:14supervisor 112:25

205:1 207:1,24supplement 223:13suppose 84:21 138:6

168:2 174:21supposed 204:17

215:9,12,18,19247:11 249:13,17297:25 347:24supreme 47:15,19

48:4,9,11sure 16:7 20:10,24

62:15 93:24 97:6,1298:8 103:6 104:4128:19 129:21133:23 139:16144:1,24 148:23149:11 161:21163:2,24 179:17185:12,14 201:6209:20 220:17231:21 253:4258:12 263:13289:12 329:20surety 8:15 10:22

251:21 277:7 278:1278:8 279:24280:10,12,16,22surgeon 335:9surgery 304:24 305:2

331:5surplus 167:13,14,17

169:4,19,22 198:20324:6surprised 156:15,25surveillance 330:2,4

330:6surveyed 215:13

suvre 330:6swear 14:25switzerland 57:18

103:22,23 104:1,2104:11,13 137:16sworn 15:4 351:15

352:8system 348:14

Ttable 245:11tad 304:9 305:9

306:10,19,23 307:5321:5 330:25take 106:22 140:16

140:23 141:18142:11,23 146:16161:5 176:8 192:5193:21 197:19,20205:22 231:13239:14 277:10279:12 286:5 310:7314:23 316:3 317:1317:5,6 318:21,21319:9,16 320:25,25324:4 328:15337:23 338:11,13338:18 348:6,17taken 2:4 14:3,12

16:10,17 18:9 44:2158:13 71:9 85:5163:7 179:6 186:9203:3 206:3 208:12212:23 303:12339:14 352:11takes 191:24talk 18:10 89:22

110:17,24 111:11115:12 117:1,2,3,3118:12,21 124:25140:3 149:18159:22 168:11,24169:1,3,11 179:22229:9 236:5 286:19286:23 287:2,4290:24 305:18

385Donald Bernard


306:6 307:12,14,16308:22 309:1,13315:3 326:18,20,20326:24 331:17talked 124:10 125:15

133:23,23 139:12139:23 143:2,4168:10,13,14249:25 264:8286:21 294:16296:21,23 302:21305:10 307:9 308:9308:17,25 309:2310:12,13,17,19320:21 321:3 326:9326:11,12,21330:25 331:22332:5talking 27:11 40:24

67:7 97:3,4 98:1298:14 107:19110:20 129:9133:22 139:16141:16 142:3,4148:24 151:19181:17 193:23194:13,15 195:6,12195:14 206:7222:25 253:1257:12 262:8266:14 271:2 293:4293:8,11,16 320:1320:10 328:13331:5 334:18 341:7349:12talks 326:16tape 141:5taught 51:12tax 10:12 96:7 220:23

221:10,11 236:10238:23 240:5272:22 273:2,6274:17,21 344:4,7,8taxes 9:24taylor 9:23 188:2

205:13 220:13,20

221:5,11 235:24263:10 272:21274:15taylors 258:25teach 64:5teaching 51:13,16,22

52:2technically 34:15teeth 305:3,3telecommunications

246:23 282:7telephone 74:18

84:23 117:12118:15,23 124:13125:7 287:15tell 15:4 26:5 32:14

32:25 39:21 41:350:5 53:3 72:1894:24 95:15 97:1298:9 107:2 125:6137:23 140:11144:24,25 145:24158:20 168:17173:9 187:19 188:2188:5 194:25209:22 211:7224:18 228:13236:4,8,8 237:14238:10,18 239:4246:14,16,25252:13 266:10267:4 290:14,15,16291:18 292:3 302:3305:5,9 309:9310:24 311:1317:17 320:11,24321:5,8,11 332:7338:16 348:3telling 156:6 237:25

238:18tells 140:11 348:8ten 46:22 68:5 78:24

80:25 83:1 281:19tenants 22:8,10tent 109:23,24

114:13,15,18,21

116:11tents 167:20,23 169:5term 74:4 235:9,10terminate 241:4

245:1 291:15292:15terminated 85:5,12

85:15 144:21 155:9232:8 234:14,16,23235:7,10,15,25237:12,15,16238:18 240:13241:3 289:14291:10,13,18 292:4331:8terminating 85:19,21termination 234:19

240:2terms 133:25 154:18

233:7test 334:13 336:15testified 15:5 87:18

137:5 142:13163:13 180:10196:12 217:16220:8 241:13260:13 274:11287:14 339:8testify 17:23 58:22

170:21 274:12309:23 352:8testimony 18:21

92:15 114:14141:18 142:9144:20 156:19184:9 219:14 228:5249:14 289:23291:9,13 352:15teton 114:4,5texas 16:24 41:16,21

42:20 43:3,19 44:844:9,25 45:9,1447:15,19 49:8 50:657:4 73:5 75:9142:23 143:19148:1,6

thank 142:1 291:3350:9thanks 144:13,18

257:11 265:21268:2 293:3thatd 114:8thatll 341:1thats 16:18 19:23

25:1 27:6,11,2028:11 29:2,13 30:2331:22 41:8 42:13,1744:10 50:25 51:2352:2 54:4 65:1 80:888:2 92:8,22 93:194:21 98:11,16104:19 116:17,22118:22 121:17122:22,22 123:9,24139:5 143:16 147:9147:11 148:14151:23 152:15157:3,3 158:16159:5 167:2 172:9173:9 174:4 175:24176:21 184:13185:25 190:24192:7 208:1,6209:20,23 212:12212:14 217:17219:15,19,23225:25 226:3,14229:2,2,5 231:11238:15 248:9 249:6251:12 253:20254:15 257:2,4,9,15257:17 261:23,23262:6,13,15,20263:20 265:16270:5 271:7 272:3273:24 274:17,18276:24 277:24278:10 279:24280:15 283:9,11,12284:8,15 285:13290:8 299:18,22301:9,19 303:6

386Donald Bernard


306:11 311:13316:2,16 321:21322:7 323:11324:17,18,19329:12 333:18334:17,17,20,22335:11,11,16,17,20336:6 337:2 340:4340:21theft 303:18thered 25:20 341:22thereon 351:7therere 260:4theres 16:15 57:21

64:9 88:8 91:1492:17 138:11143:25 156:3 164:1184:11 191:5195:23 198:25203:5 205:9 218:25218:25 219:11247:15,16 248:6,8253:4 255:12261:18,21 269:23271:6 279:20 287:3289:18,22 292:22301:8,9 304:20317:6 333:23 334:3337:11,16thereto 1:17thermal 286:11 330:7theyre 90:11,14,18

91:4,4 103:22 121:4138:12 149:25165:22 174:8183:11,20,24192:12,12 197:15211:3,4,9 261:6,10288:23 293:23316:13 332:19334:19 348:19theyve 90:15thief 326:7thing 25:1 51:12 70:3

87:1 92:11 95:3111:25 122:25

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30:1 45:23 50:1870:2 71:6 94:2 98:1112:17 140:11,11167:23 193:16220:24 308:25345:11think 15:12 16:18

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344:19thinking 69:25 161:3

169:17,21thinks 286:2 299:12third 42:16 172:12

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53:16,21 54:4threehour 68:24tickets 106:19 328:5time 14:7 16:16

18:11 23:8 28:9,2228:24 29:6,7,14,1729:24 38:16 42:1742:23 45:3,20 48:2550:12,13 51:3,1265:2,7,23 66:1069:6,18 70:11 72:2

75:21 77:10,14 78:683:6 91:18 101:12104:19 109:2,7,9110:23,25 111:17111:21,24 112:2,7,8114:5 115:6,7 122:2122:12 124:10125:15 126:13,16126:18 128:2,14129:6,10 130:22,24132:5,22,23 133:6133:19 134:13135:12 139:9140:15,25 145:5146:3 153:10,10163:10 185:2 187:6191:20 201:17210:18,19 221:7235:4 236:5 237:3241:18 243:23244:25 247:3252:25 266:12281:24 287:25292:25 296:8,11,12298:22 299:21302:9 304:15,21,22305:15,16,17 306:7307:10,13,14,17308:9 309:3 313:1313:21 319:8,24321:22 326:22334:5 337:8,18343:1,3,15 344:19345:24 347:22351:9 352:11times 37:19,20,22,24

59:10 68:12 69:1,21106:16,18 127:8130:25 131:1,7133:10 134:11152:22 252:12312:5,7,8 314:16tin 73:15tina 15:11title 1:12,17 8:15

27:16 30:18,23

387Donald Bernard


31:15 73:24 80:21132:16 146:21251:21 277:7 278:1278:8 279:24280:10,12,16,23titled 242:13 243:4titles 10:22tobacco 346:12today 14:6 16:8

18:10 28:3 40:2053:6 58:22 59:1985:3 117:1 165:19195:14,15 196:7222:17 332:15toff 22:15told 88:13 98:7

111:15 112:24134:6 157:15174:16 175:1,3176:1,21 198:14203:17 235:16264:21 271:22272:3 275:1 283:17285:10 286:2 297:1301:8,9 309:21310:13 311:3317:11,12,14,15319:20 321:2,7326:5,25 330:21342:24 343:1,21tolerances 73:12tooltype 73:2top 146:25 147:12

256:23,25 257:7265:17 273:10,21285:22,23toss 192:19total 102:14,19

104:17 199:4262:21 263:2totally 69:13 155:14

334:18totals 263:4touch 29:8 81:9touching 348:12town 50:6 120:18

287:19 337:17townsend 135:11tra 288:2track 220:1 319:5tract 281:24tracts 281:15trading 9:10trained 64:4training 33:15 34:6

37:16 38:8 53:15,1753:20,23,25 54:3,1654:17 55:8 71:9335:12tranel 3:4 4:3 12:19

14:15,15 15:10,1415:18 21:2,13124:23 125:3,22,25126:4 140:22 141:3141:15,24 142:7144:12,17,19145:20,22 150:12150:16,19 152:20156:22 162:25163:3,8,12 164:11164:15 165:25166:4 167:3,7,10172:10,11 173:17173:21 177:17,21181:25 182:5 184:2184:5,8 198:7205:16 206:12207:18 208:15,23210:11,13,23 211:2213:1,8,24 214:3218:16,17,22223:17 225:7,11227:4,9,12,16229:16,19 230:8,12231:7,11 232:10,15233:9,13 234:10239:10 240:7250:15,19 251:15251:18 252:1,5255:3,7,22 256:18256:22 259:9,13,15259:17,18,22 265:1

265:4 266:3,7,15268:5,9 273:15,19274:4,8 276:7,11277:23 278:22279:1 285:10 287:8287:12 291:4,8,22292:2,6,10 296:9339:7 340:3 343:8343:12 350:10,14transact 241:16

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104:19 148:25150:20 244:17247:22,22 269:18269:22 308:16324:9transferring 267:2translate 192:14,22transmitted 222:21travel 287:20 288:1,2

288:15 290:9,10traveled 114:23

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128:22 129:19,23

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133:15 134:1298:11,17 299:3301:16 312:9324:23 325:4,8328:1,19truck 286:3true 284:1 351:8

352:15trust 49:15,18 101:14

103:14,15,20trustee 49:22truth 15:4,4,5 19:3,7

352:8,9,9truthful 58:25truthfully 282:21try 46:18 303:22trying 19:7 30:2

323:4tuesday 2:6 14:1turbo 55:25turd 348:13turns 348:13twelve 58:6 340:15twenty 280:9twice 133:8 216:3two 28:18 38:12 40:7

42:6 56:12 59:1865:2 70:8 80:17,1885:9 91:24 93:21120:24 123:9125:15 130:25131:1 140:19 149:4181:11 184:18,19184:20 195:15,16196:12 205:9238:22 248:9 256:9256:13 276:17,21298:16 299:19,21301:17 305:3314:16 316:6,18,19328:20 333:5 340:4341:23 344:20

388Donald Bernard


348:11twofold 248:1twopage 272:24twoseaters 57:20twoweek 38:1twoyear 42:24type 165:5 192:24

193:5typed 165:10 213:9

290:3typewriting 194:2

352:13typewritten 351:6typical 286:7 338:17typically 119:20

138:13 190:16194:7 287:1

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53:22 54:1 55:9,1467:15 136:23uk 57:16ultimately 198:15um 16:14 25:11,17

29:7,23 30:13 32:1132:14 36:4,11 37:1644:21 45:10,2449:15 50:25,25 53:353:8 55:5 57:12,1357:16,21 58:7,9,1359:3,23 60:13,18,1861:11 66:11 67:269:21,21,23 70:171:17,25 77:24 81:982:21,24 85:2 95:1996:6 99:22 100:4112:16,17 114:4122:3,7 128:9,13129:8 132:9 134:14136:19 138:2,15142:11,13,17143:15 144:14,20146:15 148:22163:16 166:4 168:9

168:10 170:1,20171:7 172:11,16,16177:21,24 197:4198:8,23 203:1204:8 206:14208:20 209:18214:4 215:4,8,12,13215:17 216:2 220:8221:9 222:19225:21 236:7 237:8242:7,12 246:23254:9,9 255:12258:7,24 278:7282:2 285:3 294:9298:13 306:19308:14 323:9325:21 328:24332:18 333:16338:9 340:14341:19 349:2un 291:8unanimously 281:14undergrad 42:1underground 215:20underneath 204:25undersigned 199:3

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120:17,18,20121:10,12 122:23123:17 158:21,22243:16 265:23,23284:6 288:21322:14 325:16,24326:1,3 327:25328:3,9,11useless 287:3users 86:16uses 322:20usual 23:10usually 284:22

338:13 346:18utility 4:7 142:18,22

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venture 70:9verbal 18:14 302:19verde 81:14,15verdicts 44:7,9verify 276:16verizon 123:16,22version 182:21 183:1

183:25 184:13versions 185:6versus 14:5vice 232:1 233:5

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14:20,24 21:1 141:6141:13 163:2,5,10197:23 198:5205:25 206:2,4208:10,13 212:21212:24 239:16,23277:14,21 338:20339:5 350:16videotaped 1:22 2:1videotype 59:24vienna 128:23 137:14vietnam 35:24virgin 24:7 25:16

84:17 95:21 96:3159:12visa 135:16,20,23

136:19,22vision 334:15visit 128:23visiting 61:22 62:11

62:12,16,22voluntarily 33:22

134:22volunteer 33:22

69:13,14vote 194:15voted 244:25 281:14

292:15voters 194:20votes 194:12voting 194:8,10vs 1:7 351:25

389Donald Bernard


Wwait 117:15 141:21

171:17 206:22299:17 341:12waited 303:21waiting 279:7,9waive 350:11waiver 198:11 246:13

246:15walden 12:24 342:19

342:20 343:4walk 294:1wall 139:24want 19:17 58:2

72:20 91:16,18141:17 144:12158:20 184:8203:22 205:19,21205:22 208:5,23212:19 218:17219:2 227:6 231:19246:23,25 251:14255:18 259:11264:8,9 268:15277:10 285:6,22287:6 291:25 292:2317:5,10 347:21,23347:25 348:3350:12wanted 30:14 91:13

142:11 167:17184:17,21 249:2,5267:1 309:7,21317:1 318:16323:10 324:1,3,4345:3wants 107:5 117:2

286:3 346:24washington 25:21,21

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109:4 112:10115:23 128:20129:2 203:17241:17 260:1,6,15260:22 264:6

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84:25 91:11 92:498:21 117:10118:22 161:19165:14 168:3,7,25170:12 191:12195:4 203:11,20205:24 235:14268:14 274:19299:20 317:6 331:7346:25 348:15349:10weapon 16:8wed 111:11 113:4

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80:6 81:5 284:4,6word 272:2words 165:8 340:4work 22:25 23:6,20

28:25 29:2 31:1732:7 46:11 47:5

390Donald Bernard


48:16 49:11 50:2551:1,3,5,8 77:25105:25 113:4,8117:24 202:20,21215:23 237:6333:25 334:21349:17worked 17:17 48:9

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176:4 242:16,24243:6,11,21,24257:18 261:4

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296:22,23 297:7

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104:25 128:9 133:7134:12 135:1,2137:4,9 138:2,19,23

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103:4,7,25 147:4148:19,24 149:3,6,7150:17 151:1,12,14151:17,19 152:6,7,9152:17 153:18,22154:3,8,13 155:8156:16 157:19,21186:18 196:24197:5,6,9,11 199:2199:3,5 211:17249:13,20 256:8257:21,22,23,24258:1 261:2,5,16263:9 269:21 270:3274:22 275:4,8276:2 280:17281:19,23,25340:18 342:24343:1,13,1701 352:2502 350:17,1903 2:7 14:7 352:2504 134:15 135:4

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11 4:7,15 7:4 11:19

140:25 141:2,4,10141:14 142:21144:7,8,18 147:1163:6,11 164:1

391Donald Bernard


186:18 196:24197:11 199:2,3,5211:10,17 228:22228:22 256:12278:19,20 286:4324:10,10 340:1810 2:7 5:19 7:13

12:23 14:7 75:1977:9 88:10,12,14141:7,9 197:5,6,9208:25 342:24343:1,13,17100 186:18 257:24

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10:8,12,16,18 11:411:15,19,24 129:12130:25 131:1188:20 234:15,18234:21 235:5236:10 240:16241:14 244:24246:22 261:6267:19 273:1,6276:3 278:10284:18 287:14290:12 291:25292:4 295:6 315:22318:4 319:23 320:6320:9,10 321:3,6,112008 7:20 8:4,9 9:18

9:18,22 10:4,1711:9,12 12:4,10,17128:4,5 129:9237:10 242:11257:2 269:12273:24 276:3 289:5289:11 295:10,11296:15 303:6344:212009 2:6 12:11,16,23

14:1,6 242:21243:20 351:16352:202012 352:25203 3:112066 3:11207 5:15208 5:1920th 242:21 243:2021 8:9 10:4 251:16

263:20 268:17210 6:4213 6:8214 6:15217 6:5

392Donald Bernard


22 7:8 8:13 11:4252:3 277:24 279:82200 107:24225 6:2022nd 284:18 285:2,423 8:17 255:5 256:14

277:15,17230 7:4 263:2230something 263:6231 7:8232 7:11233 7:13236 263:5238239 12:5,12239 7:2024 9:4 58:14 255:20

262:21 276:19305:21244 263:11244246 11:19 12:4,11249 5:525 9:11 16:15,21

198:2,6 256:20262:21 276:19250 8:4 249:13,20

261:2 276:2 281:192500 329:21251 8:9252 8:13255 8:17 9:4256 9:11259 9:18,2226 9:18,18 259:12,20263 8:10266 10:4268 8:5,11 10:827 9:4,11,18,22

259:18,20273 10:11274 10:14276 9:5277 8:14278 10:1827th 257:2,15 285:1628 6:4 10:4 266:5283 11:20 12:6,13

285 11:4287 11:92885 171:23 250:25289 11:21 12:7,1429 9:22 10:8 268:7291 11:152nd 171:3 173:12

213:5

33 4:15,15,22 5:15 6:8

7:20 8:4,9 11:9,1212:4,17 164:12,13197:9 211:11239:17,19,20,24278:1930 4:22 5:15 6:8

10:11 64:13,19 65:165:5 66:8 72:21207:17 239:20,24273:17301 143:14303 12:1730th 198:10 206:19

206:24 207:6,931 7:13 10:14 274:6

277:18,2231st 232:2132 10:18 278:2433 11:4 285:8330 255:16339 11:22 12:8,15,1834 11:9 287:10343 12:23349 13:435 11:15 24:18 87:18

90:4,17 91:19 206:2291:6350 351:53500 143:18 147:2536 8:16 11:19 251:24

277:9 278:3 338:21338:23 339:237 12:4 339:338 12:11 339:339 12:17 206:5 339:3

3rd 303:6

44 4:19 12:10,23 166:1

166:2 277:15,17,18277:22 278:2040 12:23 22:5 23:23

107:24 108:6 163:6343:10400 275:4401 332:19,20 333:8406 122:2041 13:4 349:5411 273:13,24 274:2242 208:11425 259:243 163:11 208:144500 108:2463 273:13,2448 212:22 305:2149 212:254902474 122:204946883 300:9

55 4:22 6:9 8:4,9,17

167:6,8 286:4338:21,23,24 339:650 66:3 75:16,17

95:13 97:6,13 98:799:11,13 252:10256:8 338:24 339:6500 4:14 103:4,7,25

147:4 148:19,24149:1,3,6,7 150:17151:1,12,14,17,19152:6,7,9,17 153:18153:22 154:3,8,13155:8,22 156:16157:19,21 348:6503 2:5 14:854 35:7,9544 8:555 35:756 43:858 43:15,17

59 21:5 43:17596241144 3:659759 21:14 172:659771 3:125th 269:10,14

66 5:4,4,9,13,19 6:4

9:18,18 13:4 172:5172:7 173:18,19178:11 249:25350:17,1960s 75:22,2463 43:9,1169 54:13

77 4:11 5:9,19 6:15

7:20 8:17 10:811:15 12:10 177:19204:15 234:15242:10700 148:670s 45:25 72:23

75:22,25 76:2,3,1276:13,14 77:1273 255:1675219 143:21 148:179761 148:77th 208:20 209:2

237:8 242:11246:22 267:19281:13 287:14290:12

88 5:13 184:3,6 259:2

263:9800 256:4 348:780032885 171:20

250:380042295 256:680acre 281:15,2480s 72:9,16 76:12

83:10

9

393Donald Bernard


9 5:15 7:8 207:1590 214:14900 339:890s 51:4,15,25 67:24

80:13,14

Documents

Gary Mole and Glacial Energy - Their Links To Blood Diamond Mining In The Congo