IN THE SUPERIOR COURT OF THE VIRGIN ISLANDSDIVISION OF ST. CROIX

MOHAMMAD HAMED,clvrL No. sx-14-cv-278

Plaintiff,v

FATHI YUSUF,ACTION FOR DAMAGES,AND DECLARATORY REL¡EF

Defendants. JURY TRIAL DEMANDED

HAMED'S MOTION AND MEMORANDUM FOR PARTIAL SUMMARY JUDGMENT

On July 7, 2014, the Plaintiff filed a complaint against Yusuf alleging that ceftain

property in St. Thomas, known as the "Dorothea Propefty," that was jointly owned by

them (in the name of two entities known as Y&S and R&F) had been sold and that

Yusuf had received the funds, but would not turn Hamed's half of the funds over. The

amount owed Hamed from the sale had been reduced to a handwritten document

written by Yusuf and given to Hamed, showing the total owed Hamed was $802,955.

See Exhibit l. )r

On March 22, 2016, the parties entered into a stipulation to consolidate this

matter with another pending action (see Exhibat 2), which wilf be referenced herein as

the "370" action. While this Couft indicated the two cases would probably be

consolidated after Judge Brady was consulted, to date no consolidation Order has been

entered.

However, since the stipulation for consolidation was filed, certain events have

occurred which render this matter ripe for summary judgment.

))

))

)))))

Motion for Partial Summary JudgmentPage 2

ln this regard, on September 30, 2016, Yusuf filed a pleading in the "370" case

which admitted thís debt is owed, conceding the liability for the $802,955 (see excerpt

attached as Exhibit 3 at p. 11):

V. Y&S and R&F Stock Sale Proceeds Distríbution

The Paftnership invested in various entities used to purchase either stockor real estate, One such entity was Y&S. The Partners investedPartnership funds through two of their sons, Hisham Hamed and NejehYusuf. The two sons sold their stock for $900,000, pursuant to anagreement dated January 15,2000 with Hakima Salem. Rather thanreceiving the proceeds, the two sons directed that the funds be paid toYusuf, who was to be the nominee of the sales proceeds and, thus,custodian of the funds. The funds were not paid in a lump sum, but ratherperiodically and often late. Yusuf has received all of the proceeds fromthe sale of the stock, Although claims to these funds were the subject ofa separate suit (Hamed v. Yusuf, SuperÍor Court of St. Croix, SX-2014-CY-278), the parties stipulated to have these claims consolidated into thiscase and incorporated into the Partnership accounting and distribution. Asa result of various adjustments reflected on Exhibit I to the complaint inSX-2014-CV-278, $802,966 should be allocated to Hamed to equalizethe Partnership distribution between the Partners resulting from the sale ofthe stock of Y&S and R&F. (Footnoted omitted. Emphasis added.)

Thus, Yusuf has conceded that the $802,966 is: (1) in his possession and (2) is due

and owing to Hamed. There being no dispute as to thís, judgment should be entered in

that amount plus statutory interest.

ln short, all necessary facts are sent forth in Yusuf's admission above:

1. The two parties owned the stock of two corporations

2. By mutual agreement the stock was sold.

3. By mutual agreement, Yusuf collected the funds

4. By mutual agreement, 50% of those funds totaling $802,966, were to bedistributed to Hamed.

5. Yusuf has those funds in his possession.

6. Yusuf concedes those funds are due to Hamed

Motion for Partial Summary JudgmentPage 3

ln short, Yusuf has admitted to converting these funds which he now concedes are

owed to the Plaintiff. As such, Judgment in the amount of $802,966, plus statutory

interestl at the rate of 9% pursuant to 11 V.l.C. $951(a), should be entered in favor of

the Plaintiff on the basis of th

Dated: November 17, 2016

e admissions by Yusuf and the a licable law.

Joel Holt, EsqCo for PlaintiffLaw Offices of Joel H. Holt2132 Company Street,Christiansted, Vl 00820Email: holtvi@aol.comTele: (340) 773-8709Fax: (340) 773-8677

Garl J. Hartmann lll, Esq.Co-Cou nsel for Plaintiff5000 Estate Coakley Bay, L6Christiansted, Vl 00820Email: carl@carlhartmann.comTele: (340) 719-8941

CERTIFICATE OF SERVICE

I hereby certify that on this 17th day of November, 2016, I served a copy of theforegoing by email, as agreed by the parties, on:

Gregory H. HodgesLaw House, 10000 Frederiksberg GadeP.O. Box 756St. Thomas, Vl 00802qhodges@dtflaw.com

' ln his April 2, 2014 depositíon in Mohammad Hamed v. Fathi Yusuf and UnitedCorporation, SX-12-CV-370, Yusuf admits that he had received all of the funds by thedate of the deposition - but states he cannot recall when he received them. See Exhibit4. To simplify calculations, Hamed will accept interest from the date of the deposition.

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EXHIBIT

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EXtlIBIT

IN THE SUPERIOR COURT OF THE V¡RGIN ISLANDSDIVISION OF ST. GROIX

MOHAMMAD HAMED, by hisauthorized agent WALEED HAMED,

P I ai ntiff/Cou nterclaim Ð ëfe nd an t,vs.

FATHI YUSUF and UNITED CORPORATION,

Defendants and Cou nterclaimants,

VS

MOHAMMAD HAMED,

Plaintiff,VS;

FATHI YUSUF,

Defendant.

WALEED HAMED, WAHEED HAMED,MUFEED HAMED, HISHAM HAMED, andPLESSEN ENTERPRISES, INC.,

Counterclaim Defendants.

Case No.: SX-2012- CV-370

ACTION FOR DAMAGES,INJUNCTIVE REL¡EF ANDDECLARATORY RELIEF

inÏ 7-,{ft!:;l

..L ....

i^ 4 c.,

Case No,:aSk-zor¿- cv-zra

ACTION FOR DEBT ANDCONVERSION

JURY TRIAL DEMAN,D-F-q

Oì

>;ctN

!Þ

JURY TRIAL DEMANDFP

STIPULATION RE: GONSOLIDATION

The parties ín each of the above captioned matters, by counsel, hereby stipulate

to substantively consolidate these cases, since the claims asserted in the more recently

filed case, SX-2014-CV-278 (assigned to Judge Molloy), may be treated as claíms for

resolution in the liquidation process of the older case, SX-2012-CV-370 (assigned to

Judge Brady), As SX-2012-CV-370 is the oldest case, it is respectfully submitted that

SX-2014-CV-278 should be consolidated with it for final disposition and assigned to

Judge Brady. A proposed Order is attached.

aE

IXtlIBITt

Stlpulatlon for ConsolldationPage2

It is further stipulated that thls stipulation renders moot the motion for stay of

discovory filed by Moharnmad Hamed on February 26, 2016ln Civil No, SX-2014-CV-

278,

It is further stipulated that this stipulation shall be filed ln Civil No. SX-2012-CV-

370 and Civíl No. SX-2014-CV-2T8,

It_Dated: March 2016

Dated: March /0 ,2016

Offices of Joel H. Holt2132 Company Street,Christiansted, Vl 00820(340) 773-8709holtvi@aol.com

Carl J. Harfnann lll, Esq.Co-Counsel for Plaí ntitr5000 Estete Coakley Bay, L-6Christlansted, Vl 00820

ryTopper Feuerzeig, LLP

1000 Frederlkeberg Gade - Box 756St. Thomas, Vl 00804ghodges@dtflaw.com

Nlzar A. DeWoodThe Dewood Law FirmEastern Suburb, Suite 101Christiansted, Vl 00820nlzar@dewood-law.com

Stlpulatlon for ConsotldationPage 3

Dated: March 6

Dated: March 16 ,zola

rk W. EckardHamm & Eckard, P.C.5030 Anchor WayChristiansted, Vl 00820meckard@hammeckard. com

CRT1132 Suite 3ch vt 00820email : jeffreymlaw @yahoo.com

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDSDIVISION OF ST. CROIX

MOHAMMAD HAMED, by hisauthorized agent WALEED HAMED,

Case No.: SX-201 2-CV-37O

P I a i ntiff/Cou nterclai m Defe nd a nt,VS. ACTION FOR DAMAGES,

INJUNCTIVE RELIEF ANDDECLARATORY RELIEF

FATHI YUSUF and UNITED CORPORATION,

D efe nd a nts a nd Co u nte rcla i mants,

VS

WALEED HAMED, WAHEED HAMED,MUFEED HAMED, HISHAM HAMED, andPLESSEN ENTERPRISES, INC.,

Counterclaim Defendants.

MOHAMMAD HAMED,

Plaintiff,Case No.: SX-201 4-CV-278

ACTION FOR DEBT ANDCONVERS¡ON

FATHI YUSUF,

Defendant JURY TRIAL DEMANDED

ORDER

This matter is before the Court on the parties' Stipulation to Consolidate the

above matters. Upon consideration of the matters before the Court, it is hereby

Ordered that Civil No. SX-2014-CV-278 is hereby consolidated with Civil No.

SX-2012-CV-370 and assigned to the Honorabfe Judge Douglas A. Brady.

JURY TRIAL DEMANDEDi¡Í.!.J' tl tr '"

:}'Yt:li "¿.,_

i¡

o\

=>=tN

TA

^iÀJ

VS

ORDERPago2

Dated:HONORABLE ROBERT A, MOLLOYJudge, Superior Court

ATTEST: ESTRELLA GEORGE

Acting Clerk of Court

By:

Deputy Clerk

Dlst: Honorable Edgar Ross, Joel H, Holt, Garl Hartmann, Gregory Hodges, NlzarDewood, Mark Eckard, Jeffrey Moorhead

IN THE SUPERIOR COURT OF THE VIRGIN ISI.ANDSDtvtstoN oF sT. cRotx

MOHAMMAD HAMED, by htsauthorized agent WALEED HAMED,

Plaintiff/Cou ntorclaÍ m Defendant,v8.

FATHI YUSUF and UNTTED CoRpORATtoN,

Defe nd a nts and Cou ntercl a i ma nts,

vs.

Case No.: SX-2012- CV€70

ACTION FOR DAMAGES,INJUNCNVE RELIEF ANDDECLARATORY RELIEF

Case No.: SX-20 1 4- CV-287

WALEED HAMED, WAHEED HAMED,MUFEED HAMED, HTSHAM HA|UIED, andPLESSEN ENTERPRTSES, f NC.,

CounterclaÍm Defendants.

o\

=>æN-ltÀa,T\)

MOHAMMAD HAñ,IED,

Plaintiff,vs. ACTION FOR DAÍtIAGES AND

DECI-ARATORY RELIEFUNITED CORPORATION,

Defendant. JrlßY TRAL qEMANDED_

STIPULATION RE : CONSOLIDATION

The paftles ln each of the above capt¡oned matters, by counsel, hereby stipulate

to substantively consolidate these cases, sínce the ctaims asserted in the more recently

filed case, SX-2014-CV-287(asslgned to Judge Brady), may be treated as clalms for

resolution in the liquidation process of the older case, SX-2012-CV-370 (also assigned

to Judge Brady). As SX-2012-ÇV-37O is the oldest case, it ís respectfully submítted that

SX-2014-CV'287 should be consolidated with it for flnal disposition. A proposed Order

ls attached.

Stlpulatlon for ConsolldatlonPage 2

It ls further stlpulated that this stipulatlon shall be flled in Civll No. SX-2012-CV-

370 and Clvll No. SX-2014-CV-282.

Dated: March 2016

Dated: March J¿_,2016

Dated: March 2016

PlalntlffOfflces of Joel H. Holt

2132 Company Street,Chrlstlansted, Vl 00820(340) 773-870eholtvi@aol.com

Carl J. Hartmann lll, Esq.Co-Counsel for Plaintlff5000 Estate Coakley Bay, L-6Christiansted, Vl 00820

GregoryDudley, , LLP1000 Frederlksberg Gade - Box 756St. Thomas, Vl008O4ghodges@dtflaw,com

Nizar A. DeWoodThe Dewood Law FlrmEastem Suburb, Sulte 101Christlansted, Vl 00820

EckardHamm & Eckard, P.C.5030 AnchorWayChristlansted, Vl 00820meckard@hammeckard.com

$tlptaUon for Congoltdafl onPage 3

Dated: March /6' .zOlA

CRTI Sulte 3

v 00e20Emall : þfrreymlaw @yahoo.corn

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDSDIVISION OF ST. CROIX

MOHAMMAD HAñIED, by hisauthorized agent WALEED HAMED,

Case No.: SX-2012- CV-370

P I ai ntiff/Co u nte rcl ai m D efe nd a nt,VS. ACTION FOR DAMAGES,

INJUNCTIVE RELIEF ANDDECLARATORY RELIEF

FATHI YUSUF and UNITED CORPORATION,

D efe nd a nts and Cou nterclai ma nts,

VS.

JURY TRIAL DEMANDED.

WALEED HAMED, WAHEED HAMED,MUFEED HAMED, HISHAM HAMED, andPLESSEN ENTERPRISES, INC., .-njI.:..

*, r'r' Ì,,-.

:..,r, *"::':: 'f zc-,( ::r?

Cadii No.:

Counterclaim Defend ants.

MOHAMMAD HAMED,

Plaintíff,VS.

UNÍTED CORPORATION,

Defendant. JURY TRIAL DEMANDED

ORDER

This matter is before the Coud on the parties' Stipulation to ConsolÍdate the

above matters. Upon consideration of the matters before the Court, it is hereby

Ordered that Civil No. SX-2014-CV-287 is hereby consolídated with Civil No.

sx-2012-cv-370.

HONORABLE DOUGLAS A. BRAÞYJudge, Superíor Coutt

Ol

=rÞæÌ\,

!

s$zor 4- cv-2BT

ACTION FOR DAMAGES ANDDECLARATORY RELIEF

Dated:

ORDERPage 2

ATTEST: ESTRELLA GEORGEActing Clerk of Court

By:Deputy Clerk

Dist: Honorable Edgar Ross, Joel H. Holt, Carl Hartmann, Gregory Hodges, NizarDewood, Mark Eckard, Jeffrey Moorhead

DUDLEY TOPPER

AND FEUERZEIG, LLP

1000 FroderiksÞerg Gade

P.O. Box 756

S!. Thorras. U.S. V I 00ß04-0756

(34O\ 774-4422

IN'THB SUPEIìIOR COUIIT OF TI{IT VTIì.GIN ISI,ANDSDIVISION OF ST. CIì.OIX

MOHAMMAD HAMED, by hisauthorized agent WALEIID HAMED,

Plaíntiff/Countcrclaim Defendant,

VS.

FATI{I YUSUF and UNITED COIIPORATION,)

Deferrcl arrt s/Counterclairnants,

WALEED I{AMED, \ryAHEED HAMED,MTJFEED HAMED, HISHAM HAMED, andPLI}SSEN ENTETìI'RISES, INC.,

Additional Counterclaim Defendants

MOHAMMAD HAMED,

Plaintiff,,v.

UNITED CORPORATION,

f)efendant.

CIVIL NO. SX-12-CY-370

AC]'ION IìOR DAMAGES,INJ UNC'I'IVE IìELIEI.'AND DECLARAI'ORY RELII]I-

Consolidated With

CIVL NO. SX-I4-CV-287

ACTÍON FOR DAMAGESAND DECLARATORY REI-IEIJ

))))

)))

VS

)))))

)))

)))))

))))))))I

YUSUF'S TTCCOUNTING CL^ß{S AND I'ROI'OSED DISTRIBUTION P[,.AN

Pursuaut to thc "Final V/ind lJp Plan Of The PlazaExtra Partnership," erlterod on January

9,2015 (the "Plan"),1 $9, Step 6, andthe August 31,2016 directive2 of the Master, as clarifiecl

I Unless otherwise definecl, all capitalized terms have the sarne rrìeaning as providecl in the Plan.2 That directive required the Paftners to submit any objection to the previonsly subrnittedParlnership Accounting and ariy claims against the Partuersliip or a Partner by September 30,2016. It is undisputed that since the inception of the Partnelship, the only l)artners were Yusufand l-larned, who died on Jnne I 6,2076. On September 20,2016, a Motion And McmorandumFor Substituti<¡n Of Named Plaintiff was filed seeking an Order substituting Waleed M, I-lamed,as Executor of the estate ol'lIamed, as PlaintifT

E)(}lIBIT

eEÞ 3

DUDLEY, TOPPER

AND FEUERZEIG, LLP

1000 Fredoriksberg Gade

P.o. Box 756

St. Thomas, U.S. V.1.00804-0756

(3401774-442?.

Hanted v, Yusuf, SX-L2-CV-370Yusuf's Accounting Claims and Proltosed Distribution PlanPage I I

V. Y&S and R&F Stock Sale Proceeds Distribution

The Parlnership investecì in various entities used to purchase either stock or real estate.

One such entity was Y&S. The Partners invested Partnership funds through two of their sons,

Hisham Hamed and Nejeh Yusuf. Tlie two sons sold their stock for $900,000, pursuant to an

agreement dated January 15,2000 with lfakima Salem. Rather than receiving the proceeds, the

two sons directed that the funcls be paid to Yusuf, u'ho was to be the nominee of the sales

proceeds and, thus, custodian of the funds. The funds were not paid in a lump sum, but rather

periodically and often late. Yusuf has received all of the proceeds from the sale of the stock,

Altltough claims to these funds were the subject of a separate suit (I{amed v. Yusuf, Superior

Court of St. Croix, SX-2014-CV-278), the parties stipulated to have these clairnsl3 consolidated

into this case and incorporated into the Partnership accounting and distribution. As a result of

various adjustments reflected on Exhibit 1 to the complaint in SX-2014-CV-278, $802,966i'

should be allocated to Hamed to equalize the Partnelship distribution between the Partners

restrlting from the sale of the stock of Y&S a¡rct R&F.

VI. Foreign Accounts and Jordanian Properties

As part of the proht sharing arrangement between the Partners, at various points in time,

profits of the Partnership were sent to Jordan to be held in bank accounts or invested in real

property to the mutual benefit of the Partners. In addition, Pafnership profits were also sent to

13 Although no claims have ever been pled in this case or SX-2014-CY-278 concerning the$600,000 in pt'ooeecls from Yusufls sale of his 1,000 shares of stock in R&F pursuant to anagreement dated January 15,2001 with Hakima Salern, Yusuf is prepared to include theseproceeds in his accounting.ra Interest was not included on this claim because, among other things, United did not include allthe interest it could claim on the rent actually awardecl by the Rent Order. See n. I 1, above.T'here are additional reasons for not paying interest on the claim as reflected in Yusufls FirstAnrended Answer And Counterclaim filed in SX-2014-CV-278. See qlso n. 15, below,legarding $ I 50,000 offset.

Hamed v. Yusttf SX-12-CV-370Yu,suf's Accounting Claims and Proposed Distríbution PlanPage20

Respectful ly submitted,

DUDLEY, TOPPER and FEUERZEIG, LLP

DAT'ED: September 30, 2016By:

.L Bar No. 174)1000 GadeP.O. Box 756St. Thomas, VI 00804Telephone: (340) 7 15-4405Telefax: (340)715-4400E-mail : shodsesØdtfl aw.com

Attorneys for Fathi Yusuf and United Corporation

CERTIFICATE OX'' SERVICE

I hereby certify that on this 3Otl' day of September, 2016,I caused the foregoing Yusuf sAccounting Claims and Proposcd Distribution Plan to be served upon the following via e-mail:

Joel H. Holt, Esq.LAW OFFICES OF JOEL H. HOLT2132 Company StreetChristiansted, V.l. 00820Email: holtvi@aol.com

Mark W. Eckard, EsqEckard, P.C.P.O. Box 24849

stiansted;V{ 00824Email : mark@markeckard.com

Carl Hartmann, III, Esq.5000 Estate Coakley Bay,#L-6Christiansted, VI 00820Ernai I : carl@carlhartmann,qom

Jeffrey B.C, Moorhead, Esq.C.R.T. Building1132 King Street€hri stiansted; V-I 00B20Email : j effreyrnl âw@.yahoo. com

DUDLET TOPPER

ANO FEUERZEIG, LLP

lOoO Fredsriksborg Gade

P.O. Box 756

St. Thomas, U.S. Vl. 00804-0756

(3401 774.4422

The Honorable Edgar A. I{ossEmail : edgarrossj ud ge@hotmail.com

lfult ,u" bon \n",

RIDOCS\62-54\ I \DRFTPI,DG\ I 6U09OO. DOCX

IN THE SUPERIOR COURT OF THE V]RGIN ISLANDSDTVISÏON OF ST. CROIX

MOHAMMED HAMED by His AuthorizedAgent VüALEED HAMED,

Pl-ainti f f /Countercl-aim De f endant,

vs. Case No. SX-12-CV-370

FATHr YUSUF and UNTTED CORPORATION,

Def endants /Counterclaimants,

vs.

VÍALEED HAMED, WAHEED HAMED, MUFEEDHAMED, HISHAM HAMED, and PLESSENENTERPRISES, INC.,

Additional Counterclaim Defendants.

TTIE VIDEOTAPED ORjAI DEPOSITION OF FAEHI TT'SI'E

htas taken on the 2nd day of April , 201-4, ât the Law Offices

of Adam Hoover, 2006 Eastern Suburb, Christiansted,

St. Croix, U.S. Virgin Islands, between the hours of

9:71 a.m. and 4:16 p.m., pursuant to Notj-ce and Federal

Rules of Civil Procedure.

Reported by:

Cheryl L. HaaseRegistered Professional- Reporter

Caribbean Scribes, Inc.21,32 Company Street, Suite 3

Christiansted, St. Croix U.S.V.I(340) '713-816r

EXHIBIT

4

99

E'ATHI YT'ST'E' -- DTRECT

t_

2

3

4

5

6

1

B

9

10

1-L

T2

13

74

15

76

r'7

t_8

I9

20

2I

22

23

24

Cheryl L. Haase(340) 1'73-8r61

(Deposition Exhibit No. 12 was

marked for identification. )

A. (Mr. HoJ.t) All right. All right. Showing you

Exhibit No. 12, can you teII me if you recognize that? Do

you recogníze that document -

A. Yes, it's my handwriting.

A. And at the top j-t has "Dorothia" written, is that

correct?

A. Yes.

A. Can you tell me, what -- what

this transaction mean?

A. The transaction that we bought

partnership wlth a third person, that we

the Dorothia real estate -- a real estate

the other partner owned the other

-- what what does

-- I^re I^/aS in

own 50 percent of

in Dorothia, and

50 percent.

thi-s deci-sion to sel1 ittoFinally, I come

to my partner. He bought it at one-and-a-half mj-Ilion, and

this number below, it was an idea to Mr. Hamed what would

f -- I am counted for, up to the time I give it to him. I

tell him what it is. By example, Jordan Fund, 75r000, it's

a checking account. This, I'm goíng to reclaim it back.

Because at that time I did it, I did it in the most honest

wây, and we end up transferring property to myself. That

transfer the property cost me money, welÌ, I have to put

that money out of my own pocket, even though the obli-gation25

100

FATHI YUSUE' -- DIRECT

1

2

3

4

5

6

7

B

9

10

11

I2

13

1,4

15

L6

17

1B

t_9

20

21,

22

23

24

CheryJ- L. Haase(340) 1-t3-Br6r

And then I'm going to use whatever it cost me

to transfer that property into my name, at the expense of

four property that

in his name. He

both of us, even though we missing three,

he never transferred it to me. ft's still

ü/as on both of us.

said no, but I can claim, I

A. Okay. So now the

1.5 mi-lIion, those were the

other partner bought

A. Excuse me,

A. The first

A. Yeah, this

Dorothia.

can prove, stil-l in his name.

first line, Dorothia,

funds that you received when the

you out or paid you off?

s ir?

Iine, the 1.5 million on that line?

is a fund f received -- I received from

funds that you

kept it. Irm not

it.

little bit towards

Mr Hamed, I

f have

A. And is that actually technically YNH Investments,

ïnc. ? fs that --

A. Yes.

A. Okay. And -- and so those were

received from them, is that correct?

A. I received for our half, but I

steali-ng it. We're going to account f or

a Okay

This is yours, this

Excuse me. I

is mine.

going back a

Hamed money.the 25I,O00. That wasn't

I^Iere giving him $150,000 to the batch plant, and

A

Mr

25

101

E'ATHT YUSI'F -- DTRECT

1

2

3

4

5

6

'7

B

9

t_0

11

L2

13

1,4

15

1,6

1,1

18

79

20

2I

22

23

24

Cheryl L. Haase(340) t13-8161,

proof f deposited it for him in St. Thomas. And up to now,

he denying that money. That money, f give him $1501 000 to

deliver to the batch p1ant, and he cl-aim that the batch

plant is ours.

town fiqht

a.

plant, but

A.

9.

Itts not ours. We put it just not to let the

together.

Okay. I am going to ask you about the batch

Oh, whenever you want.

T want. to try to stick on this document?

A. Yeah. But I want to show you why these people, I

believe they owe me a lot of money.

A. f understand.

A. Why should I pay them? Let's s j-t down and say,

V{hat is yours and what is mine.

A. No probÌem. Let me go down this list.

Dorothia is -- the 1.5 million were -- were

monies paid that belonged to you and -- and Mr. Hamed?

A. Yes.

A. And then the Jordan fund, it says 75,000 dinar. f

take it that, converted,

A. Right.

A. Okay. and those

that's L05,932 U.S. dollars?

are funds that are to be sp11t

between you and Mr. Hamed, as wel_I?

A. I explained to you, sir25

ro2

E'ATHT YUST'E' -- DIRECT

1

2

3

4

5

6

'7

B

9

10

7L

L2

13

T4

15

76

]-'7

1B

1.9

20

2L

22

23

24

Cheryl L. Haase(340) 7'73-Br6r

9. Yeah.

A. The 105 is by mistake. I end up transferring from

his the property was mine and his.

A. Right.

A. And f choose for some reason to put it in his

name, because f trusted him.

A. Right.

A. Now, when we decj-de t.o leave, we have to shake

hands forever. I'm not looking back anymore. f need my

half back,

a.

one you t re

A.

Islands.

9.

A.

a.

it says,

A.

Mr. Mohammad

What is

talking

Several.

-- what is that plot number, the the

about?

Vle have -- we have propertles, too much.

-- I,20O acre right here in the VirginI¡le have I,20O or two

Okay.

Were owned between both of us.

Al-1 right. So then the next l-ine

617,000 for Fathi Yusuf.

No. Yeah, this is I -- f don't

should give him that. This is my half. I

the property with it.

9. Okay. So you --

A. After I give him notice, f don't

you no more.

comes down and

know why f

went and bought

want to work with

25

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FATHI YUSI'I' -- DIRTCT

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Cheryl L. Haase(340) 713-Bt6r

9. So we tel-l you what, Ìet's get to the bottom.

At the bottom of this calcul-ation is $802,966.

A. Sir,

on account.

Do you see that?

it's a lot of -- this 8,200 (sic) I owe him

A. okay.

A. tlüe sit down, he give what f owe him to the

accountant, I give what I believe he oüre me to the

accountant, and letrs (indicatirg) .

A. okay.

A. Letts, what do you call it, reconcile the account,

and who owe whor wêt1l- settl-e. I'm not running aü/ay.

A. Okay. So one of the j-tems that you owe them for,

I understand there are items back and forth, but one of the

items you oü¡e hj-m is the 802,960

I toldA. Not 802, sir you I already spent 105, or

of us is responsible tomost of it, in a property where both

spend that money.

C. Okay. So you would

A. f might -- wel_I, the

should go off.

MR. IIARTI'ÍAIiTN:

A. (Mr. HoJ.t) Half of

A. Yeah, but I -- sir,

know, Itm not speaking Arabic,

take the 105 off of this 802?

others yeah, this that

Hai-f .

that should go

thanks God, I

off?

T you

to now.not even one word up25

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E.ATHI Y{'SUI' DIRECT

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Okay?

English

what is

check of

They all English. I'm talking to you in plain

. Let I s sit down and give this to an accountant and

Vüally to give me an answer for

this check. This is written to your father, drawn on your

account. Can you teJ-l me what is this for?

A. Okay.

A. Al-1 I'm getting, I'11 get to the bottom of it.

V[hen this gentleman is going to reach the bottom?

C. All right. So the sale of -- the money in

Dorothia was 1.5 million, to be split between the two of

you.

A. Yes, sir.

A. Okay. And then you did some more accounting to

come up with the fact --

A. Yeah, this will go, and we'll go through every

little thing, right? Vühatever is his j-s his, whatever is

mine is mine.

yours is yours, what

536,405, begging Mr.

is mi-ne is mine. I have a

anything.

on that pi1e, is 802,966 is

of it is not his.

his.

accountant. Some of it, I told

a

A

a

A

a

A

Okay.

Itm not denying

All- right. And

Yes,

A1I

yes, but all

of this is not

Because therets an

yoü, by example, the bank statement.

Cheryl L. Haase(340) 7'73-BL6r

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E'ATHI YT'SUI' -- DIRECT

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I get

years

A. Okay. And when did you get that money?

A. I get that money, I don't have a date. But

that money maybe, I can guarantee you, it's not three

ft's less than three years. I sold this

years ago.

propert.y many, many

Okay. So you got

got it in 2012?

I don't know when.

Okay.

I donrt remember.

Vüel-1, this l-awsuit

this money, would it be faj-r to

say you

I^tas fil-ed in August of 20L2.

Did you get

a

A

IA

a

the money before

MR. HODGES:

Look at

this lawsuit was filed?

September

the date.

2072.

Go to the owner andA. Maybe.

look at the date,

Thatrs something

or go to the public recorder office.

that can be resolved.

IA

(Mr. HoJ.t) Okay.

I don't remember.

a.

A.

money out.

a.

50/50, and

A.

not hiding

Which 1s another -- another item.

Def initely this was an expense. I brougtht that

okay. So you start with the 1.5 mil-l-ion, which is

then you start adding --

One million and a half is absol-utely 50/50. f 'm

anything.

Cheryl L. Haase(340) 1'73-Br6r

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Cheryl L. Haase(340) 113-816r

9. So you don't remember when it was sold.

A. No. At 1east f 'm not hiding anything, but I donrt

remember when I sold it.

9. A1l right. Let's

Explain to me, fj-rst of aII,

go back to the batch pJ-ant then.

how -- how was the batch --

How did you -- how did thatbatch plant

get -- where

first purchased?

did the funds come from to buy that batch

plant?

A. The batch pJ-ant, when ute l^¡as selling the water and

sending it back home to the poor people,

9. Uh-huh.

A. split between his family members I mean his

family coul-d be 2, 000.

A. Right.

A. f don't mean his brothers and sister, no. Mine,

more or .l-ess the same.

Then every year, they start to ask, V{here's

the water money? I say, Mr. Hamed, look. lVe have to put an

end to this. What do you think, we making our people lazy?

They start to get free money. Vühy don't we try to give them

something to do? After all, you came with nothing. I came

wlth less than nothing. We poor. Our parents is poor.

Very respectable parents, but they're poor. And nol^r I^/e made

it. And you are a Muslim, and I am a Muslim.

And Muslim reJ-igion have five pilIar. The25