Lewis Tein Supplemental Motion For Sanctions

IN THE CIRCUIT COURT OF
THE 11TH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
CASE NO.: 12-12816-CA-40
MICCOSUKEE TRIBE OF INDIANS
OF FLORIDA,
Plaintiff/Counter-Defendant,
v.
GUY LEWIS, MICHAEL TEIN, and
LEWIS TEIN, PL,
Defendants/Counter-Plaintiff.
LEWIS TEIN'S SUPPLEMENTAL MEMO SUPPORTING SANCTIONS

AND REFERRALS FOR INVESTIGATION INTO CRIMINAL CONDUCT
1.
Recent depositions show that the Tribe, through its attorney Bernardo
Roman, has conspired with the attorneys for the Bermudez plaintiffs (Ramon
Rodriguez, Dennis Whittelsey and Andrew Harris "RWH"), their unlicensed
"private investigator" Darren Bock, and new defense counsel (Jose "Pepe"
Herrera) for Bermudez defendant Jimmy Bert, to obstruct justice.
2.
Among other things, the object of this conspiracy was to obstruct
justice by tampering with witnesses Jodi Goldenberg, Jimmy Bert, and Tribe ViceChairman Jasper Nelson. The manner and means of this conspiracy included the
following overt acts:
26035186.1Carlton Fields,P.A.
Miami Tower - 100 Southeast Second Street, Suite 4200 - Miami - Florida 33131-2114 - 305.530.0050
CASE NO.: 12-12816-CA-40
a. Bernardo Roman attempted to convince the Tribe's senior

accountant, Jodi Goldenberg to testify falsely at her deposition,
and when she refused, he fired her on the eve of her deposition.
b. Bernardo Roman and "Pepe" Herrera worked in concert, along
with Tribal "Judge" Pete Osceola, to obtain a false sworn
statement from Tribe member Jimmy Bert, purporting to deny the
existence of loans for legal fees.
i. When we deposed Bert, however, he readily admitted the
truth and revealed Bernardo Roman and "Pepe" Herrera's
attempt to manufacture his false testimony in the prior sworn
statement.
ii. By that time, Herrera had secretly provided the sworn
statement to the RWH Bermudez lawyers, who represented
his client's adversaries.
iii. Herrera filed the false statement with the Court requesting
affirmative relief based on the false statement.
iv. Herrera, in concert with Bernardo Roman and RWH, filed
the false statement in support of his phony "withdrawal" of
his client's earlier motion to sanction RWH for filing false
perjury allegations against Lewis Tein.
v. Herrera withheld the sworn statement from the undersigned
until after his client's deposition, despite having provided it
to RWH, the lawyers for his client's adversary.
c. After Tribe Vice-Chairman Jasper Nelson testified about the
existence of loans to Lewis Tein's clients for their legal fees,
Bernardo Roman and others attempted to remove Nelson from his
elected office in an effort to intimidate him and other Tribal
officials and employees from testifying truthfully in the future.
d. The Tribe, through Bernardo Roman, concealed "smoking gun"
documents from discovery in this case. Specifically, they knew
about but failed to produce copies of Lewis Tein's invoices for the
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CASE NO.: 12-12816-CA-40
Bermudez matter, containing specific signed notations and attached

loan documentation.
i. These items prove, by themselves, that Lewis Tein's
testimony in the Bermudez proceeding was true, and that the
Tribe's allegations here are false.
ii. Copies of these invoices and the attached documentation
were retained by Ms. Goldenberg after the Tribe fired her.
She produced them at her deposition, on Friday February 1,
2013. A copy of that deposition is attached hereto.
iii. These documents were the product of an open procedure of
review and processing by multiple departments within the
Tribe's accounting and legal function, and their existence is
well-known throughout the Tribe's accounting and legal
departments.
iv. The originals are in the custody of the Tribe.
v. The Tribe has not produced them in response to discovery.
e. Knowing of the existence of documents, including concealed
documents, that prove Lewis and Tein told the truth, Bernardo
Roman has repeatedly represented to Judge Dresnick, this Court,
the U.S. District Court and the Third District Court of Appeals that
Lewis Tein's representations were "false" and "falsities."
3.
Lewis Tein has served subpoenas on RWH, Herrera and Bock for
depositions and documents relating to their communications and payments

between them and the Tribe's attorneys. Despite this Court's having ordered their
depositions, these deponents have refused to appear, claiming scheduling conflicts,
"attorney-client" privilege with their adversary, and other frivolous objections.
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CASE NO.: 12-12816-CA-40
WHEREFORE, Lewis Tein requests the following relief:

(1)The Tribe's lawsuit should be dismissed forthwith.
(2) Sanctions in the form of defense costs should be awarded to Lewis Tein.
(3)The Tribe's attorneys, Bernardo Roman, Yesenia Rey and Yinet Pinot
should be referred to the Florida Bar.
(4) This Court should refer the conduct of attorneys, Bernardo Roman, Yinet
Pinot, Yesenia Rey, Ramon Rodriguez, Dennis Whittlesey, Andrew
Harris, Jose "Pepe" Herrera and their unlicensed "private investigator"
Darren Bock, to the State Attorney's Office and /or the United States
Attorney's Office for investigation regarding obstruction of justice,
witness tampering and fraud.
Respectfully submitted,
CARLTON FIELDS, P.A.
By:
b(Ar
u A. Calli
Florida Bar No. 994121
Joseph Ianno, Jr.
pcalli@carltonfields.com
Email:
j ianno@carltonfields.com
cbussone@carltonfields.com
miaecf@cfdom.net
Attorneys for Defendants / CounterPlaintiff Lewis Tein
100 S.E. Second Street, Suite 4200
Miami, Florida 33131
Carlton Fields,P.A.
Miami Tower - 100 Southeast Second Street, Suite 4200 - Miami - Florida 3313 1-21 14 - 305.530.0050
CASE NO.: 12-12816-CA-40
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a copy of the foregoing was furnished via
email this 4th day of February, 2013 to: BERNARDO ROMAN III, ESQ.,
Miccosukee Tribe of Indians of Florida, P. 0. Box 440021, Tamiami Station,
Miami, FL 33144, Telephone: (305) 894-5214; Facsimile: (305) 894-5212; Email:
bromanlaw@bellsouth.net, JOSE M. HERRERA, ESQ., 2350 Coral Way, Suite
201 Miami, FL 33125, Telephone: (305) 445-1100, Facsimile: (305) 221-8805,
Email: jmh@herreralawfirm.com, vrodriguez@herreralawfirm.com ,
gaguilera@herreralawfirm.com , DENISE V. POWERS, ESQ., 2600 Douglas
Road, Suite 607, Coral Gables, FL 33134, Email: dvpowers@bellsouth.net,
ANDREW HARRIS, ESQ., 444 West Railroad Avenue, West Palm Beach,
Florida 33401, Email: aah@flappellatelaw.com, DANIEL BACHI, ESQ., Sellars,
Marion & Bachi P.A., PO Box 3767, West Palm Beach, FL 33402, Email:
dbachi@smb-law.com, RAMON RODRIGUEZ, ESQ., 782 N.W. LeJeune Road,
Suite 537, Miami, FL 33126, rmr.lawoffice@att.net , MARIA L. RUBIO, ESQ.,
9100 South Dadeland Blvd., One Datran Center, Suite 1510, Miami, FL 33156,
Email: maria@marialrubio.com.
FI bar
1-01, 1
ul A. Calli
5
Carlton Fields,P.A.
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IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
EXHIBITS
GENERAL JURISDICTION DIVISION

CASE NO.
12-12916 CA-40
MICCOSUKEE TRIBE OF INDIANS OF

FLORIDA,
Plaintiff,
vs.
GUY LEWIS, MICHAEL TEIN,
LEWIS TEIN, P.L.,
Page
Description
Exhibit No. 1
Exhibit No. 2
Exhibit No. 3
Exhibit No. 4
Defendant's Exhibit No. 5
Exhibit No. 6
Plaintiff's Exhibit No. 1
Witness Exhibits No. 1 & 2
Witness Exhibit No. 3
and
Defendants.
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184
198
LEWIS TEIN, PL
Counter-Plaintiff,
vs.
MICCOSUKEE TRIBE OF INDIANS OF
FLORIDA,
Counter-Defendant.
Carlton Fields
100 S.E. Second Street
Suite 4200
February 1st, 2013
12:14 p.m. - 6:20 p.m.
DEPOSITION OF JODI RAE GOLDENBERG

Taken before JOANNE CAUDILL, Court Reporter and Notary
Public in and for the State of Florida at Large, pursuant
to Notice of Taking Deposition filed in the above cause.
EDMEE PRATS COURT REPORTING SERVICES
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324-5431
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APPEARANCES
On behalf of the
THE VIDEOGRAPHER: We are now on the
Plaintiff:
BERNARDO ROMAN III

ATTORNEY AT LAW
1250 SW 27th Avenue
BY:
BERNARDO ROMAN, ESQUIRE
BY:
VIRGINIA LEE PEREZ, ESQUIRE
BY: YIN ET PINO, ESQUIRE
video record.
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Today is Friday, the

February, 2013.
On behalf of the Defendant:

CARLTON FIELDS
100 SE Second Street
Suite 4200
M lam i, Florida 33131
PAUL A. CALLI, ESQUIRE
BY:
BY: CHARLES P. SHORT, ESQUIRE
Street, Miami, Florida for the purpose of
taking the videotape deposition of Jodi
Goldenberg.
The case is
of Florida versus Guy
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Lewis Tein,
The court reporter is Joanne Caudill and

the video is Don Savoy, both from
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Deposition
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JODI RAE GOLDENBERG

DIRECT EXAMINATION
BY MR. CALLI:
CROSS EXAMINATION
BY MR. ROMAN:
REDIRECT EXAMINATION
BY MR. CALLI:
Esquire
Solutions.
Will counsel please announce their

appearances for the record.
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PAGE:
Lewis, Mike Tein and
PL.
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W ITN ESS:
Miccosukee Tribe of Indians
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INDEX
The time is 12:14 p.m..
We are here at 100 Southeast Second
On behalf of the Deponent:

REYES LAW GROUP
2924 Davie Road, Suite 102
Davie, Florida 33314
BY: CARLOS J. REYES, ESQUIRE
BY: STEPHEN LOPEZ, ESQUIRE
BY: HOW ARD M. SCHEINBERG, ESQUIRE
1st day of
MR. CALLI:
My name is Paul Calli, along
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with Chaz Short; we're from
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We represent Guy Lewis, Michael Tein and the
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Lewis Tein
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Law
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Miccosukee.
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an
Fields.
Firm.
MR. ROMAN:
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Carlton
Bernardo Roman on behalf of
With me are Virginia
Perez
d --
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MS. PINO:
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MR. REYES:
Yinet Pino.
Carlos Reyes from
the Reyes

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objection, you have to wait until the objection is made
and any responses given. In almost all the cases you'll
was called as a witness by the Defendants and having been
still be able to answer the question. The objection is
first duly sworn, testified as follows:
for purposes of preserving the record and arguing it at
Law Group; my colleague Stephan Lopez and

Howard Scheinberg on behalf of Ms.
Goldenberg.
Thereupon:
JODI RAE GOLDENBERG
The subpoena?
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down a nod of the head and particularly the words or
MR. LOPEZ: The subpoena duces tecum that
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sounds uh-huh and huh-uh don't really show up well; do you
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understand?
Ms. Goldenberg, please state your full name for
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the record.
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A.
Jodi Rae Goldenberg.
Q.
Can you spell all three parts of your name,
please.
Q.
J-o-d-i R-a-e G-o-l-d-e-n-b-e-r-g.

Okay.
You're here today to give a deposition orally and
have had documents subpoenaed; have you been provided by

your attorney with a copy of that subpoena or discussed it
with him.
A.
know what it is exactly you're being asked. If there's an
trial. If there is some other objection that's different
BY MR. CALLI:
A.
including yours, you need to hear the question so that you
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DIRECT EXAMINATION
Q.
For the record, for everybody's own good,
I showed you.
THE WITNESS: The one that came to my -MR. LOPEZ:
No, the one that he sent to
than that, we'll deal with it and you'll know, you have
your lawyers here. You're free at any time to take a
break for any reason
A.
Okay.
Q.
--
--
to use the restroom, to get fresh air, to get
something to eat, or to speak to your lawyers for any

reason. If at any time you feel uncomfortable, you should
stop the deposition and let us know.
A.
Okay.
Q.
You have to answer yes or no to any question.
Even though there is a videographer present, the

stenographer is critically important.
She cannot take
A.
Yes.
Q.
Most importantly, if you don't understand a

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the -- he served electronically that I showed
question, do not guess, just say I don't understand, could
you.
you re-ask; do you understand?
THE WITNESS: Okay, yes.

BY MR. CALLI:
A.
Yes.
Q.
A.
What was your last job?
Q.
A.
Q.
Do you hold any professional licenses?
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ago, I'm an attorney defending Mike Tein, Guy Lewis and
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their law firm against a lawsuit filed by the Miccosukee
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Tribe, and I'm going to ask you some questions today that
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are relevant to that lawsuit; do you understand?
Q.
You mentioned the one that came to your house
that was for a prior deposition setting, we'll talk about
that.
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You're aware you're here under subpoena today?
A.
Yes.
Q.
My name is Paul Calli. As I said a few moments
I was an accountant for the Miccosukee Tribe.

No.
Approximately, for how long were you an
accountant for the Miccosukee Tribe?
A.
This March would have been 21 years.
Q.
You don't look old enough to have worked there
21 years.
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purpose of the record, I will go over them briefly. You
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should wait until I complete, or anyone completes
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answering a question or making a statement before you
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begin to answer it so that, number one, the court reporter
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maybe he wanted me to appear to be a disgruntled employee.
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can take down everybody because it's hard for her to take
things down appropriate when multiple people are speaking.
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Also, I wouldn't hire one of his friends.
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your lawyers have already covered with you, but for the
A.
Yes.
Q.
And have you ever given a deposition before?
A.
No.
Q.
All right. Couple of important rules as I'm sure
Thank you.
Q.
When were you fired -- were you fired?
A.
I was fired on the -- on the 22nd, January 22nd.
Q.
A.
Q.
Why were you fired?
A.
Well, I think there are several reasons. One
I wasn't given a reason.

Why do you believe you were fired?
being that I know the truth in some of these cases that

are going on and I think that what I'm going to say is
contrary to what the Tribe's attorney wants me to say;

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A.
Q.
Did you like your job?

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objection to that, now is the time for them
to put that on the record.
A.
Yes.
Q.
Did you like working for the Tribe?
A.
Yes.
Q.
You were previously set for deposition in this
MR. CALLI: You can step outside.
THE VIDEOGRAPHER: Were going off the
case; is that correct?
A.
Yes.
Q.
You were fired, was it a day or two days before
that deposition?
record at 12:23 p.m.

(Thereupon, a short recess was taken,
after which the following proceedings were
had:)
A.
I think it was three days before.
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Q.
Did you intend to appear at that deposition?
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A.
Yes.
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Q.
Did you intend on testifying at that deposition?
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A.
Yes.
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Q.
Did you intend to tell the truth at that
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THE VIDEOGRAPHER: We are back on the

video at 12:24 p.m.
MR. CALLI: I'm going to ask the court
reporter to read back my last question.
(Thereupon, the question was read back
by the reporter as above recorded.)
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deposition?
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A.
Yes.
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Q.
Did you communicate those three things to the
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MR. ROMAN: No objection.
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Tribe's lawyer, Bernie Roman?
BY MR. CALLI:
Q.
Let me ask the question this way. First, do you
attend General Council meetings?
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A.
Yes.
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A.
I have attended some.
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Q.
Do you believe that Mr. Roman and the Tribe
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Q.
Okay.
So my question is this: Do you have a
recollection of being at a General Council meeting where
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terminated you because you were going to appear and tell
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the truth?
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A.
Yes.
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Mr. Bert or Ms. Billie requested a loan or the Council
Okay.
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approved it?
Let's talk about -- when you say tell the truth,
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Q.
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A.
No.
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Q.
can you tell me what you're referring to?
Other than not being at that meeting, do you know
whether the Tribe lent money to Tammy Billie and Jimmie
A.
The --
Q.
This lawsuit, woven throughout it are a number of
Bert to pay their legal fees in the Bermudez wrongful
claims by the Tribe against my clients, one of which is
death case?
central in my opinion, is the Tribe's accusation that when
A.
Yes.
my clients represented to a Court that their former
Q.
Does that include to the Law Firm Lewis Tein?
clients, Jimmie Bert and Tammy Gwen Billie, who are
A.
Yes.
individual Tribe members, were sued in a wrongful death
Q.
And did the Tribe make that loan to Mr. Bert and
case; that Mr. Bert and Ms. Billie obtained approval from
Ms. Billie?
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the General Council for loans -- General Council being the
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A.
Yes.
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voting body of the Tribe, not its lawyer -- to pay their
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Q.
Do you know if Mr. Bert and Ms. Billie made
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legal fees in defense of the Bermudez wrongful death case
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and the Tribe continues to assert that that's a false
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A.
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statement. When you say you know the truth, are you
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Q.
Did they?
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referring to that issue?
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A.
Yes.
Q.
How is it you know that the Tribe made loans to
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A.
Yes.
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Q.
So starting with the question: Do you know
repayments on that loan?

Yes.
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Jimmie Bert and Tammy Billie to pay their legal fees in
whether the General Council and thus the Miccosukee Tribe
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the Bermudez wrongful death case if you weren't at the
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authorized the request of the Berts and Tammy Billie to
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General Council meeting where it would have been approved?
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pay their legal fees to whomever would be representing
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them in the Bermudez wrongful death case.
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A.
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A.
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process and been told to code them as a legal fees
Can I speak to you?
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receivable if it had not been an approved loan.
MR. CALLI: I just got through saying
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that if you need to speak to your lawyer you
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may. If Mr. Roman and his co counsel have an
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Q.
Who would have told you to code them as a legal
fees receivable?
A.
That would have been my supervisor, Julio

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Because I wouldn't have been given those bills to
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Q.
Martinez.
I'm going to go down the list that you just
Were you, to your knowledge, were you and Julio
Martinez the only ones who were aware of the Tribe's loans
to Mr. Bert and Ms. Billie to pay their legal fees in the
Mr. Martinez was aware of the Tribe's loans to Mr. Bert
Bermudez wrongful death case?
and Ms. Billie to pay their legal fees in the Bermudez
No.
case?
Q.
A.
Q.
Who else was aware of the loans?
A.
The finance director, Mike Hernandez; the
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Business Council; the General Council; administration
staff.
articulated and ask the same question as to each one.

So as to Julio Martinez, how is it you know that
A.
Because that's who instructed me to process
payments -- to code it as such.
Q.
What does it mean to code it as a receivable?
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A.
In accounting that -- it wasn't coded as a legal
MR. ROMAN: Excuse me, Mr. Calli.
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expense of the Tribe. It was coded as a receivable, as
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MR. CALLI: Yes, sir.
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something that's going to be paid back.
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MR. ROMAN: Can we make a quick
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Q.
If it was coded as a legal expense to the Tribe,
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distinction when she refers to General
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how would that -- what character would that give that to
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Council that we're speaking about the
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the payment? How would it change it from a receivable?
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Tribe's, not the general counsel in the legal
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form.
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A.
It would be an expense.
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Q.
Would it be a gift to that Tribe member then?
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A.
Okay. So you mean if it was a payment on behalf
MR. ROMAN: Okay.
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MR. CAUL What Mr. Roman is asking
of a Tribal member that was coded as an expense?
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Q.
Yes.
is -- is lawyers tend to assume general
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A.
It could be assistance. It could be because of
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counsel means somebody in the position that
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Mr. Roman currently holds and so let's -- I'm
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going to ask you, when you speak of General
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Council that you if you're referring to the
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something that's a Tribal matter.
Q.
What's assistance?
A.
Assistance would be something paid on behalf of a
Tribal member that they would not have to pay back.

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Q.
When Julio Martinez -- let me back up. On how
voting body of the Tribe, you specify that,
and if you're referring to the lawyer, you
specify that; do you understand that?
you have communication with Julio Martinez about the
Tribe's loans to Mr. Bert and Ms. Billie to pay their
legal fees in the Bermudez case?
THE WITNESS: Yes. Add to that in-house
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counsel.
BY MR. CALLI:
Q.
So a moment ago when you mentioned General
many occasions do you recall, if it's quantifiable, did
A.
I don't know.
Q.
More than ten?
Council, you were referring to the voting body of the
A.
Yes.
Tribe?
Q.
More than fifty?
Correct.
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A.
Possibly. It went on for a long time.
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Q.
And you've now added in-house counsel?
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Q.
When you say "this" what are you referring to?
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A.
Yes.
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A.
The case -- the payment of legal bills for Tammy
Q.
Now, for approximately how long has, if you know,
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has mister -- let me back up. Is Mr. Roman currently the
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in-house counsel?
and Jimmie.
Q.
Did the time where it went on occur in both the
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periods when -- did it occur when Billy Cypress was the
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A.
No.
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Chair of the Tribe?
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Q.
What is his position?
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A.
He's the -- he is the general counsel, the other
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kind, s-e-I.
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Q.
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Do you have -- they have an in-house counsel
A.
Yes.
Q.
Did it also occur when Colley Billie was the
Chair of the Tribe?
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A.
Yes.
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Q.
Is Colley Billie a member of the Business
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currently?
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A.
Not at the time that I was terminated.
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Q.
Who previously -- who was the last in-house
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A.
Yes.
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Q.
When you say the Business Council was aware of
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counsel?
A.
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Janeen Bennett.
Council?
the Tribe's loans to Bert and Billy to pay their fees in
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the Bermudez case, does that include Colley Billie?

A.
Yes.
Q.
In any of the discussions you ever had with Julio
Q.
What fashion?
A.
As part of a legal fees receivable that included
theirs as well as other people.
Martinez about the Tribe's loans to Mr. Bert and Ms.
Billie to pay their legal fees in the Bermudez case, in
any discussion, did he ever instruct you to tell nobody
Mr. Roman present. Does -- is the loan that you're
about the arrangement? Did he ever instruct you to keep
testifying about that the Tribe made to Mr. Bert and Ms.
it secret?
Billie in the Bermudez case, is that -- is that the only
instance you're aware of where the Tribe has made a loan
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A.
No.
Q.
Did he ever say to you anything directly that
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Q.
Is -- does the -- what I'm about to ask you has
been filed in Court, testified to in Court by the IRS with
like that?
these were not really loans and this was just a big fraud
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A.
No.
to make it look like they were loans?
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Q.
Are you aware of many other instances where the
Tribe has made such loans?
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A.
Never.
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Q.
Did you ever -- did he ever insinuate to you that
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A.
Yes.
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Q.
Do you have any information whatsoever that
15
this was a fraud or there was something nefarious or
16
untruthful about the way this revenue was being booked as
16
booking the loans to Bert and Billy were -- was, as loans
17
a loan on the Tribe's books?
17
as a receivable, was a fraud?
18
A.
A.
18
No.
No.
19
Q.
If he had done that, what would you have done?
19
Q.
Do you believe that it was accurate?
20
A.
I --
20
A.
Yes.
21
Q.
A.
Do you have --
21
Q.
Did anybody ever, at the Miccosukee Tribe, from
I would have had a big problem with that. I
22
the Chairman to the Business Council, to the
23
administrative office, to the lawyers, ever say anything
24
or communicate anything to you that gave you a reason to
25
believe that booking the expense -- pardon me -- booking
22
23
24
25
would have booked it correctly.
Q.
Do you have any reason to believe that these
loans were not, in fact, loans?
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18
the transaction as a legal fee receivable was a fraud?
A.
No.
Q.
Are you aware with personal knowledge that there
A.
No. You said anything that would make me
believe --
A.
Yes.
Q.
Did you ever discuss with Mr. Bert or his wife,
Q.
A.
Yeah.
5
6
Louise or with Ms. Billie, any of them, or have any
Q.
Did anybody ever say anything --
communication with them about the loans?
were repayments by Bert and Billie on these loans?
-- that it was a fraud?
A.
No, not that would make me believe, no.
A.
I don't remember.
Q.
Did anybody ever say anything to you that made
Q.
How is it you know that Mike Hernandez was aware
10
11
12
of the loans?
A.
He was the finance director. He would have been
the hair on the back of your neck stand up and question
10
whether the -- booking the transactions as legal fee
11
receivables was false?
12
aware.
A.
No.
13
Q.
Who is the administration staff?
14
function of the finance director such that I understand
14
A.
I mean -- they have various staff, I mean.
15
your statement.
15
Q.
Is there a director sort of?
16
A.
The Chairman would be the Director of the
13
16
Q.
A.
Well, describe to me the interaction and the
The finance director and the supervisor, Julio,
17
would have been in General Council, the voting body; the
17
18
meetings, would have been in Business Council meetings;
18
Administrative Coordinator. They have various people that
19
would have sufficient interaction with the Business
19
just carry out duties of administration.
Administration Staff. I mean, there used to be a Tribal
20
Council to be aware of what's going on. Mike also was in
20
21
charge of the financial statements, overseeing the
21
administrative staff had -- in your view had knowledge
22
financial statements for the Tribe.
22
that these were loans approved by the Tribe?
23
24
25
Q.
And would the loans appear on the financial
23
statements in some fashion?

A.
Q.
24
Yes.
A.
Because what is owed by Tribal members for
various things is kept track of in administration.
25

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Why would folks who were members of that
Q.
Are there records of that?

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23
21
Q.
And what prompted him to say to you that they
A.
Yeah.
Q.
What form do those records take?
A.
I don't -- I don't know because they're not my
A.
Why did he say that?
Q.
Right. What statement did you make --
4
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records.
Q.
were not approved loans?
Are there financial records that are your records
that track this?
MS. PINO: I'm going to object on the

basis of attorney-client privilege. Any
A.
Not all loans, no.
discussions she had with Tribal attorney
Q.
Why is that?
after the litigation had commenced, was in
A.
Because its not my job as an accountant to track
pursuance of that litigation.
10
10
everybody's loans.
MR. LOPEZ: I'm going to go ahead and
11
Q.
Whose job is that?
11
disclaim that there was any attorney-client
12
A.
It would be the job of somebody in
12
privilege because Mr. Roman purported to be
13
Mrs. Goldenberg's attorney numerous times and
13
14
administration.
Q.
15
16
Okay.
14
numerous communications, and then
Do you have knowledge of whether records would
15
specifically instructed her that he wasn't --
16
that he wasn't her attorney. And so if the
17
A.
Yes.
17
attorney-client privilege is for
18
Q.
Do you have a sense of what kind of records would
18
Mrs. Goldenberg or Mrs. Goldenberg's behalf,
19
then it's clearly not applicable.
19
exist in administration for that?
exist?
20
A.
Not sure.
20
21
Q.
Why do you think -- why do you think Mr. Roman
21
preparation of the litigations, there's been
22
no testimony as when this occurred, whether

it was after or before, whether he was
22
would want you fired for giving this testimony?
If he's indicating that this is in
23
A.
Because its not the same thing he's saying.
23
24
Q.
Does he have access to the records that you're
24
representing the Tribe at that time or not.
25
describing?
25
So my objection is that this was not
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A.
I don't know.
Q.
And how would the Business Council be aware of
the loans?
4
5
A.
They're at the General Council meetings and the
Business Council meetings.
Q.
So other than Julio Martinez telling you about
attorney-client privilege in either instance.

MR. ROMAN: I just want the record to
reflect that the privilege has been invoked
and Ms. Goldenberg's attorney has instructed
her to answer. That's fine. We can move on.
MR. CALLI: There is also a criminal
coding the transactions as legal fees receivable, who
fraud exception if you were going to give
else, if anyone, did you have direct contact with about
truthful testimony in a proceeding and
the loans from the Tribe to Bert and Billy?
10
11
anybody was trying to obstruct or suppress
A.
About how to record them you mean?
10
your ability do that. So if your attorney
Q.
Anything. Anything. Any discussion, no matter
11
says it's okay for you to answer, then I will
12
how material or tangential about these loans, whether it's
12
ask the question. If your attorneys instruct
13
ministerial, or and an accountancy function, or a general
13
you not to answer, then I will not request an
14
discussion, or that you overheard?
14
answer. If your attorneys need a moment to
15
A.
I have spoken to everybody who has been my
15
ponder that, I'm fine with that, and waive

the objection. If not, I'll move forward.
16
supervisor or boss about this. People who came in new
16
17
that would not have been there at the time.
17
18
Q.
Did you ever talk to Mr. Roman about the loans?
MR. ROMAN: Mr. Calli, when you're
18
referring to her attorneys from now on we
19
A.
Yes.
19
are referring to Mr. Lopez and the Reyes Law
20
Q.
Did you do that in advance of being fired?
20
Firm, correct?
21
A.
Yes.
21
MR. CALLI: Unless you tell me that you
22
Q.
What did he say?
22
were ever Ms. Goldenberg's attorney, I don't
23
A.
He said they were not approved loans.
23
know that there's a need to clarify that.
24
Q.
Did you respond to him?
24
25
A.
I don't think so.
25

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MR. ROMAN: Okay. I just wanted to be

the record clear that were referring to the
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Reyes' Law Firm and to Mr. Lopez will be
her -- Ms. Goldenberg's attorneys.
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video at 12:47 p.m.
after which the following proceedings were
MR. SCHEINBERG: Is Mr. Roman suggesting

that he was counsel to Ms. Goldenberg?
That he wanted me to think that, yes.

Why do you say that?
20 after Colley Billie became Chairman that was a dispute
Because I don't think he ever represented my
21
22
23
Did you ever understand Mr. Roman to be your
attorney?
A. Yes.
Q.
Okay.
What time period?
A.
When -- when I received the first subpoena he
told me that I -- that he represented me under the

umbrella of the Tribe.
Q.
And did you interpret that to mean he represented
your interests?
A. (No audible response).
Q.
If you don't know, you don't know. It's no right
or wrong answer.
A.
Q.
A.
interest.
Q.
(Thereupon, a short recess was taken,
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BY MR. CALLI:
Q.
THE VIDEOGRAPHER: We're going off the
Why would you say
--
had:)
THE VIDEOGRAPHER: We're back on the
record at 12:49 p.m.
BY MR. CALLI:
Q.
I was asking you questions about whether the
Tribe or anyone at it has ever expressed concerns before

you were fired about your performance, and then I asked
you about your knowledge of any written documentation to
that effect; do you recall that question?
A.
Q.
A.
Q.
Yes.
Are you able to answer that question?
Yes. About my performance, nothing negative.
Okay.
A. All my performance evaluations have been

positive. There was one incident that occurred shortly
between Tribal members and I -- I was in the middle of it

and I almost got terminated for that but didn't, and in
the end it was because the person involved was somebody
24 related to the former Chairman and they were trying to
MS. PINO: Objection. Just for the

record.
25 make it seem like I was doing the former Chairman's

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BY MR. CALLI:
1 relative some sort of favor, which had nothing to do with
memorandum raising any perceived deficiency in your
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performance?
17
Q.
Why would you say you think he wanted you to
believe he was your lawyer?

A. Because he didn't want me to bring my own lawyer.
Q.
Why -- is that your belief?
A.
Because I think he wanted to get me to say what
he wanted me to say.
Q.
So is it your testimony that you believe that Mr.
Roman did not want you to testify to your knowledge that

these were loans the Tribe made to Bert and Billy?
A.
Q.
Yes.
In the years you worked at the Tribe, did anyone
ever complain about your performance?
A.
No.
Q.
Are you aware of any written reports or
anything.
Q.
accountancy function?
A. Now?
Q.
A.
Did that matter have to do with why I'm now
Q.
No. Did your involvement in the dispute you just
articulated have to do with your function?
A.
Q.
A.
Q.
Have to do with my function?

With your job?
Yes.
So how was it resolved?
A. I was suspended.
Q.
Okay.
What was the accusation?
A. There was -- okay -- there -- a community member
19 came in with some checks that she asked to be voided and
question?
20
MR. CALLI: Anything you're aware of in

your personnel file that would suggest the
made payable to somebody else, the type of request that in
21 the finance department we have always been told to
Tribe was ever unhappy with you.
22 accommodate Tribal members; that if it turned out -- and
THE WITNESS: Can I talk to you for a
23 I'll say community members because this person was
24
second?
MR. LOPEZ: Sure. Sure.
actually a Seminole and not a Miccosukee, so I'll say
25 community members. We were supposed to treat them all

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No, this matter you're talking about.
terminated?
18
MR. LOPEZ: Do you understand the
Did it have to do with your discharge of your
02/03/2013 06:30:03 PM
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1
with respect, that if they came in were supposed to
2
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6
accommodate them, and if it turns out that they asked for
want us getting in the middle of their disputes. They
years; is that right generally?
something that they weren't supposed to have, if they did
2
3
A.
Q.
something regarding another Tribal member that they
general counsel, are you aware whether he performed legal
shouldn't have, that the Tribe would handle that amongst
work for the Tribe and/or its individual members as well?
themselves. That -- that would be -- that they didn't
didn't want us challenging community members and Tribal
6
7
8
paid in the same manner that Lewis and Tein were paid in
members. They wanted us to accommodate them. If one of
the Bermudez case, that is, are you aware of whether the
A.
Q.
Yes.
Before -- before Mr. Roman became the Tribe's
Yes.
Are you aware of whether or not Mr. Roman was
8
9
10
them was to do something they shouldn't have done, they
10
11
would handle that among themselves.
11
represented by Bernie Roman to pay those people's legal
12
fees and the money was later collected through their
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distributions?
24
the loans were processed?
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Q.
So this involved two, either Tribe or community
members?
A.
Right.
Q.
And the request was put to you?
A.
Right.
Q.
A.
And then it resulted in what you just described?

Right, I accommodated the person, like I was
always supposed to do, and later on --
Q.
But my real question -- sounds like you're
describing a political spat.

A.
This was more of a family thing at the time.
Q.
But was there an accusation that you engaged in
any misconduct or fraud related to?
A.
Miccosukee Tribe ever granted loans to individual member
I think so.
Q.
A.
Q.
I think I've seen it.

So what's the process? What's the process for
processing these loans? How does it work? What happens?

When does it come to your attention?
A.
It depends.
Q.
A.
Q.
In the case of Lewis Tein.
A.
25
No.
A.
Uh-huh.
Do you have a recollection of how it worked, how
The -- the invoices at some point would be given
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asked you to hire a friend and you didn't. When,
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4
generally speaking, when was that?
Q.
That was really my question.
A.
No. No. No.
3
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9
Q.
A.
You mentioned something earlier that Mr. Roman
That was sometime between, I would say, July and
October of this year, more or less.
Q.
A.
to me.
Q.
When you say the invoices, do you mean the
invoices of Lewis Tein?
A.
Q.
Yes.
How would they be given to you? What are the
different ways in which those invoices could find their
way to you?
What do you recall about that?
Well, it was when we didn't have a finance
A.
Either from my supervisor, the finance director,
or possibly even somebody from administration, or legal.
10
director. One of the staff walked out. I needed to fill
10
Q.
And --
11
the position, and Bernie asked me if I would consider
11
A.
Most likely from my supervisor or the finance
12
13
14
hiring that person.
director.
Because I did not think that it was a good idea.
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Q.
A.
Did you interview the person?

That person?
Q.
Are you aware of how these Lewis Tein invoices
would get to the finance director?
A.
The exact route that they would take, not
Q.
A.
Q.
A.
Q.
Yeah.
And what happened as a result with Mr. Roman?
19
for their records and it would be given to me, or even
A.
I'm sure he didn't like it.
20
someone else in my department to pay.
(Thereupon, the document referred to was
21
No.
Why not?
necessarily. But they would come addressed to somebody,

probably the Chairman. I believe at some point they would
be reviewed by legal. Administration would be aware of it
Q.
Am I correct in understanding -- you're
subsequently marked as Exhibit No. 1 for
22
describing what sounds to me like a procedure where
Identification.)
23
multiple departments monitor and keep track of, or
24
otherwise are involved with processing these loan payments
25
on behalf of Tribe members, is that accurate?
BY MR. CALLI:
Q.
You say you've been at the Tribe almost 20, 21
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1
A.
Yes.
Q.
So when the invoice for Lewis and Tein for the
invoices they submitted to be paid, the loan payments.
Q.
So you're not saying that each invoice did or did
not have handwritten notations?
A.
Right.
A.
Uh-huh.
Q.
You agree with that statement?
Q.
What happened when they came to you, what did you
A.
Yes.
Q.
What you're saying is you can't recall and can't
6
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8
9
do with them?
A.
I would write up a purchase order to pay them and
give it to accounts payable.

Q.
10
there?
11
A.
truthfully testify that every Lewis Tein invoice you saw
had it, or didn't have it?

A.
And then do you know what would happen from
10
They would cut a check. The checks would go on a
Correct. You might find some that don't have it,
so I don't want to say a hundred percent.
11
Q.
And do you know if Lewis Tein represented other
12
list of checks. They would get released in the course of
12
individual Tribal members, other than Jimmie Bert or Tammy
13
time that that would take and I don't know if this would
13
Billie?
14
either be picked up by somebody or mailed out, that I'm
14
A.
I think so.
15
not sure.
15
Q.
Do you know if Lewis Tein represented the Tribe
16
Q.
16
At that point you're describing, the creation of
itself in any matters?
17
the purchase order I believe, and then providing it to
17
A.
Yes.
18
accounts payable, how are, if at all at that point, are
18
Q.
Do you have a recollection of whether you ever
19
you recording the transaction as a -- coding it as a legal
19
created a purchase order for a Lewis Tein invoice for a
20
fee receivable?
20
check to Lewis Tein that was coded as an expense --
21
A.
22
order.
23
24
25
Q.
By writing the appropriate code on the purchase
So that's right then and there is where the
coding commences?
A.
21
A.
Yes.
22
Q.
-- not as a loan, not as a legal fee receivable.
23
A.
Yes.
24
Q.
Okay.
And if I were to take every check that the
25
Correct.
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Q.
2
3
Okay.
Miccosukee Tribe ever cut to Lewis Tein during a four or
When the invoice comes to you, comes to you to
five-year period where the firm was performing work for
the Tribe or its individual members, would I be able to
create the PO, the purchase order?
A.
Uh-huh.
match those check numbers up to journal entries that would
Q.
What, if anything, did it have on it?
correspond to whether it was a legal fee receivable or a
A.
The invoice, what did the invoice have on it?
legal expense to the Tribe?
Q.
Well, let me ask you this question.
A.
Okay.
Q.
What would come to you?
10
A.
Uh-huh.
10
notations, can you describe to me what you're referring to
Q.
First, would it be a legal invoice from Lewis
11
when you discuss handwritten notations?
11
12
13
Yes.
Q.
You described having a recollection of Lewis Tein
invoices in the Bermudez case having handwritten
A.
That it would be signed by Louise Bert.
A.
Yes.
13
Q.
Who is Louise Bert?
Q.
Do you recollect if it had descriptive
Tammy's mother. Jimmie's wife.
Tein?
12
A.
14
A.
15
information about the amount and character and description
15
Q.
Have you ever met Louise Bert?
16
of the legal work performed?
16
A.
Yes.
14
17
18
19
22
23
24
25
Yes.
17
Q.
Does she speak English?
Q.
Would there be any handwritten notations on that
18
A.
Yes.
19
Q.
Have you ever met Jimmie Bert?
20
A.
Yes.
21
Q.
Does he speak English?
22
A.
A little, yes.
23
Q.
Do you have any knowledge of whether Ms. Bert
invoice?
A.
20
21
A.
I can't say a hundred percent of the time, but
yes.
Q.
Why do you say you can't say a hundred percent of
the time?
A.
Because there was many, many invoices and I would
have to see all of them to tell you a hundred percent.
24
assists him or not in his affairs or in translating his
25
affairs?

9 of 83 sheets

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A.
Q.
I don't know.
What do you mean it would be signed by Louise
Bert?
A.
Q.
A.
Q.
"Ok to pay", with her signature.

On a Lewis Tein invoice?
Yes.
What else, if anything, would come to you with
that invoice you just described?
A.
Nothing.
Q.
What does this mean, "Ok to pay".
A. It would mean that Louise is saying that that was

ok to pay, she is aware of it.
Q. If that wasn't a loan -- if the Tribe didn't
grant a loan to Jimmie Bert and Tammy Billie to pay their
legal fees in Bermudez, why would the family have to okay
it for payment?
A.
Q.
It wouldn't.
Can you estimate for me for how long the Tribe,
to your knowledge, has engaged in providing loans to its

members to pay legal fees or other expenses and recouping
the money from the Tribe member through collecting it from
their quarterly distribution or other monies due and owing
to it?
MR. ROMAN: Objection. I'm going to
claim attorney-client privilege on behalf of
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I want you to look at both pages. When

you're done looking at it carefully, only
then, look up at me and tell me that you're
done, please.
Here's a copy for the Tribe.
MR. LOPEZ: And, for the record, go ahead
and testify to these matters as truthfully.
Don't worry about the confidentiality
agreement; they've availed themselves to the
Court of the federal jurisdiction by bringing
this lawsuit and Mr. Roman has signalled you
as the witness with the most knowledge. He
has released information that's confidential
to the Tribe upon information and belief
without the Tribe's consent and I'm going to
go ahead and ask that you testify truthfully
to whatever questions asked.
MS. PINO: And, just to clarify the
record, counsel just referred to federal
jurisdiction. This deposition is being taken
on the state case, not the federal case.
MR. LOPEZ: Okay.
MR. ROMAN: I want the record to make
sure that Ms. Goldenberg is providing
testimony from now on waiving any and all
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the Tribe and also the confidentiality

agreement that Ms. Goldenberg signed with the
Tribe in 2010 as to any matters involving or
relating to Jimmie Bert or Tammy Gwen Billie.
If her attorney, Mr. Lopez and the Reyes
Law Firm, of course as her attorney in this
deposition, wish to instruct her to waive the
privilege, that is a decision they have to
make. I'm invoking it on behalf of the
Tribe.
MR. CALLI: I'm going to ask you a
different question. That's one of the most
frivolous and bad faith legal objections I've
ever heard in my life. I'm going to show you
a document that the Tribe's lawyer, the man
who just articulated that objection put in
the public record and gave to me.
I think
it's an internal Tribe account going back to

2003 showing the Tribe loan to Tammy Billie
to various lawyers including 2003. So if
he's got the courage of his convictions he
can take that up with the Court and your
lawyer afterwards, but I think it's an
impotent objection.
So here's Exhibit 1 for this deposition.
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privileges pursuant to her attorney's advice,

being the Reyes Law Firm and Mr. Lopez, and
also waiving any confidentiality agreement
that she had signed with the Tribe in matters
not related to Tammy Billie or/and Jimmie
Bert loans.
MR. SCHEINBERG: And Mr. Roman, did you
not advise the witness not long ago that you
intended on waiving the Tribe's privilege in
providing records concerning this litigation?
MR. ROMAN: I have never given such
advice, and I definitely not have given that
advice here today. If you want we can play
the tape back or -MR. SCHEINBERG: I'm asking you -MR. ROMAN: Let me finish.
MR. SCHEINBERG: I'm asking you about -MR. ROMAN: Let me finish. If you are
saying that I have stated here today that I
have instructed her, Ms. Goldenberg to waive
any privileges? My answer is no. I have
never instructed her in any capacity to waive
any privileges that the Tribe has. However,
if as her attorney, you are instructing her
to waive those privilege she, I assume, will
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43
41
have to listen to you as your attorney.
MR. SCHEINBERG: My question for you, sir
A.
No.
Q.
Are they a paper transaction and nothing more?
is, did you not, by way of E-Mail, advise Ms.
A.
No.
Goldenberg that it was your intention to
Q.
Are these books cooked?
waive attorney-client privilege on behalf of
A.
No.
the Tribe and provide information with regard
Q.
Is this a scheme to create false loans to make it
to this lawsuit prior to her deposition and
prior to her termination? Did you not advise
A.
No.
her of that by E-Mail? Are you saying there
Q.
Does the issuance of a check by the Tribe to the
10
11
look like they're loans, but they're not?
will not be any -- there's no such E-Mail to
10
that effect?
11
with whether it's a loan to the Tribe member or a legal
12
expense to the Tribe -- the check itself?
12
MR. ROMAN:
Mister -- I'm sorry, your
Lewis Tein Law Firm in and of itself have anything to do
13
A.
No.
14
MR. SCHEINBERG: Scheinberg.
14
Q.
So if you just look at a check without the
15
MR. ROMAN: Okay, Mr. Scheinberg. I
15
16
made my objection. You answered it. I am
16
without the deductions, without where its booked, does it
17
not the witness. I don't have to answer your
17
tell you anything, the check --
18
question.
18
A.
No.
19
Q.
-- about whether it's a loan to the Tribe member,
13
name?
19
MR. SCHEINBERG: And you're declining to
backup, without the coding, without the accounting,
20
concede that you've advised my client that it
20
21
was your intention to waive the privilege
21
A.
No.
that you're now claiming you're invoking?
22
Q.
What is the code for, if you recall, for legal
22
23
24
23
For the record, there's no response, but

there's videotape so it's clear.
25
an expense to the Tribe?
fees receivable, the code itself?
24
A.
1069 001.
25
Q.
What's the code for Tribe legal expense?
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42
1
BY MR. CALLI:
Q.
Have you reviewed that two-page record marked as
A.
8078-001. 8078-001.
MR. CALLI: By the way, in my
Exhibit 1?
A.
Yes.
any specific question, it needs to be made.
Q.
Can you tell me what it is?
We don't have continuing objections because
A.
It's a schedule of what is owed on the balance of
that -- it confuses the witness and the
record. So if there is any objection to be
what's owed for Tammy's legal fees.
depositions, if anybody has an objection to
Q.
And --
made as to any question, please make it, but
A.
It's the details of who has been paid, how much
we're not going to have running objections
10
unless all the parties agree to it, which I
11
Q.
For how many years, what's the range of years?
11
think is fair and accommodating.
12
A.
It starts with -- through 9/30/2003. So I don't
12
Do you see Lewis Tein's name on this?

THE WITNESS: Yes.
10
and how much has been paid back.
13
have the detail from what was before that on here. Let me
13
14
see. No, actually. Okay. That was probably something
14
15
that needed to come off the schedule. It started in 2003,
15
Q.
So back in 2003 you see the name Michael Diaz?
16
fiscal year 2003.
16
A.
Yes.
BY MR. CALLI:
17
Q.
Through?
17
Q.
He's got like 2.3 and a half million dollars?
18
A.
Through November 21st, 2012.
18
A.
Yes.
19
Q.
In -- every year do you see the word deductions?
19
Q.
Are all the deductions, starting in '03 and
20
A.
Yes.
20
carrying on down, is that only to repay Mr. Diaz's, the
21
Q.
What does that mean?
21
loans to Mr. Diaz, is that the way it works? You got to
22
A.
That's what was paid back.
22
pay him first and all these other people owe money and
23
Q.
Paid back by whom to whom?
23
it's a fake loan?
24
A.
By Tammy and/or Jimmie to the Tribe.
24
A.
No.
25
Q.
Are those deductions false and fraudulent?
25
Q.
Is there anything fake about the loans the Tribe

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47
45
1
made?
A.
No.
Q.
Do you have any reason to believe that those
3
4
1
2
weren't loans?
A.
I don't know why it was designed that way. That
is just how it was done.
Q.
Tribe?
A.
Almost 21 years.
Q.
And in the -- since this lawsuit has been
In -- how long did you say you worked at the
A.
No.
Q.
Do you doubt that they were loans?
A.
No.
pending, and technically recently, has Bernie Roman, and
Q.
Was it ever told to you to keep it secret because
the two lawyers currently flanking him in this deposition,
or any lawyers working with them, or any of their
they weren't really loans?
10
A.
No.
10
assistants, ask that you or anybody in your department, to
11
Q.
Is the only one who ever asked you to testify
11
your knowledge, search for and provide potentially
12
responsive documents that they're obligated to supply in
12
that these weren't loans Bernie Roman?
13
A.
He didn't tell me to say they weren't loans.
13
discovery? Has Mr. Roman and the lawyers sitting with
14
Q.
Then why do you say you believe he didn't want
14
him --
15
A.
Uh - huh.
Q.
-- in the last six months, without telling me
15
16
17
18
you to tell the truth?

A.
Because he -- because he is saying they're not
approved loans.
Q.
Is there anybody else at the Tribe, anybody,
16
17
what they said, come to you and asked you to look at a
18
document request I gave to them and to gather materials to
19
Tribe member, community member, employee, executive
19
produce back to me that I have requested from the Tribe in
20
administrator, that has asserted that these aren't loans
20
this lawsuit?
21
that you're aware of?
21
A.
No.
Q.
Do you have custody of accounting and financial
22
A.
No.
22
Q.
Whose name is on the Lewis Tein invoices that
23
records that would be relevant to the issue of whether
24
bear Louise Bert's handwritten notation "ok to pay," who
24
these are loans in your department?
25
are they addressed to?
25
23
A.
Not custody of. Access to.

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46
Does Mr. Roman have access to those records?
A.
I -- all the invoices?
Q.
Q.
No, what you recall.
A.
Probably.
Q.
Are you aware that Mr. Roman, before he fired
A.
I'm not sure.
Q.
Do you recall?
you, designated you the -- one of the persons with most
A.
Probably the Chairman of the Tribe.
knowledge of this lawsuit at the Tribe?
Q.
Does it mean that they weren't loans because they
A.
Yes.
Q.
Prior to learning that you had been designated as
were addressed to the Chairman, not to the individual
Tribe members who received the loan benefit?
a person with most knowledge, did Mr. Roman, or any of the
two lawyers seated with him today, or anybody on their
A.
No.
Q.
Does that indicate to you that it's part of a
10
legal staff, ever discuss this matter with you in an
11
scheme and pattern and practice to make these fake loans
11
effort to determine whether you were the person with most
12
and hide it?
12
knowledge of the lawsuit?
13
A.
No.
13
Q.
10
Was that there, to your knowledge, in Lewis Tein
14
15
going back to however long, was that the system that was
15
16
in place as requested by the Tribe?
16
14
17
A.
Could you repeat the question, please?
17
18
Q.
The fact that the law firm sent its invoices to
18
A.
I don't think so.
Q.
Did you bring any documents with you today
pursuant to the subpoena?

MR. LOPEZ: The documents that you gave
me.
THE WITNESS: Yes.
19
the Chairman, was that a result of the manner in which the
19
20
Tribe put the procedure in place? Was that the Tribe's
20
21
procedure?
21
you just testified to:
22
A.
Yes.
22
Tribe signed by Louise Bert "ok to pay".
23
Q.
Was it designed to be able to better track the
23
A.
Q.
24
loans and the payments and the process and the amounts, et
24
25
cetera?
25
BY MR. CALL:
Q.
Lewis Tein's legal fees to the
Yes.
Okay.
Would you, please, confer with your lawyer and
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Do you have documentation regarding invoices that
12 of 83 sheets
51
49
produce them to me -- any invoice that you're referring
A. No.
to. Invoice.
Q.
3
4
5
6
the record, after which the following
proceedings were had:)
A. No.
Q.
(Thereupon, a discussion was held off
over you and your department?
video record at 1:22 p.m.
THE VIDEOGRAPHER: This is tape number

two. We're back on the record at 1:32 p.m.
Did Lewis Tein have any control or involvement
Did Dexter Lehtinen have any control or
involvement over you or your department?
A. No.
Q.
A. Yes.
Is this document true and accurate?
10
Q.
11
11
A. No.
12
Identification.)
12
Q.
13
A. No.
10
13
MR. CALLI: Before I proceed, I'm going
Is it a fraud?
Are these, in fact, loans?
14
to show you what has been marked for this
14
Q.
15
deposition as Exhibit No. 2 and provide a
15
A. No.
16
copy to the Tribe's attorney.
16
Q.
17
A. No.
Did you cook the books?

Did Billy Cypress ask you to do so?
17
I would ask you to review this and it's
18
two pages. When you're done, just look up
18
Q.
19
and acknowledge please, verbally, that you've
19
A. No.
20
completed your review.
20
Q.
21
A. No.
22
Q.
21
22
23
24
THE WITNESS: Yes, I'm done.

BY MR. CALLI:
Q. What is that?
A. That's a schedule of Billy Cypress's legal fees
25 that he owes to the Tribe.
23
Did Julio Martinez ask you to do so?

Did Mike Hernandez ask you to do so?
Mr. Roman has alleged that the Tribe engaged in
kickbacks schemes between Billy Cypress and Lewis Tein.
24
MR. ROMAN: Objection.
25
MR. CALLI: What is the legal objection?

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50
Q.
A. Yes.
Q.
A. That's specifically Billy's legal fees.
Q.
can even understand the allegations, it's that there
Does that bear the code 1078-001?

What's that?
When you testified earlier that 1069-001 is a
MS. PINO: Mr. Roman has not.

BY MR. CALLI:
Q.
Mr. Roman has signed a lawsuit saying that Billy
Cypress and Lewis Tein engaged in a kickback scheme. If I
code for legal fees receivable, is 1069-001 specific to
was -- Lewis Tein billed for fake legal work, legal work
who?
that really didn't exist and/or they overbilled.
A. Specific to any loan for legal fees that's not
9 for Billy. And that wasn't -- I'm trying to think how to

10 say this. They're the legal fees receivables that are not
11
Billy's.
12
Q.
13
8
9
Did anything ever occur -- did anyone ever say,

or request anything of you that led you to believe that
10
the transactions on here were part of a kickback scheme or
11
illegal or fraudulent?
12
A. No.
A. Billy Cypress.
13
Q.
14
Q.
14
did you have with Lewis Tein over the four or five years
15
A. Yeah.
15
they were involved with the Tribe?
16
Q.
16
A. None.
17
A. Yes.
17
Q.
18
Q.
18
A. None.
19
A. Yes.
19
Q.
20
Q.
20
A. No.
21
A. Me.
21
22
Q.
22
the far right column, the column titled "amount" and if
23
A. No.
23
you go down about three quarters, there's a line item
24
Q.
24
which indicates "credit" and then it's -- I think it's
25
Lehtinen?
25
$10,000. Far right column.
By Billy you mean?

Billy Cypress?
Is Exhibit 2 a document created by the Tribe?
Do you know who created it?
Who created it?
Was it created at the direction of Lewis Tein?
Was it created at the direction of Dexter
Q.
Ever personally?
Ever?
If you look at Exhibit 2, on the first page, in

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Are you aware of -- how much interaction, if any,
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55
53
A. Uh huh.
Q.
2 at the time I would not necessarily have known if it was
Three quarters of the way down.
A. I
would have to pull out individual invoices, but
A. Yes.
3 specific to Tammy, specific to Jimmie. This was all, as
Q.
4 far as this was concerned, its all the same case.
A. Uh huh.
Q.
Q.
A. I know there's been more than one case
A. Yes.
7 surrounding it, but one -- but it's all the same thing,
Q.
Thank you.
8 the Bermudez case.
You see that?
Credit, $10,000, in parens.

-
First time.
Q.
Okay.
When you say all the same case, you mean the
10
A. Yes.
10
criminal prosecution of Tammy, the civil wrongful death
11
Q.
11
case?
12
A. That would indicate that a credit from that
Does that indicate -- what does that indicate?
12
A. Correct.
But all Bermudez related, is that what you mean?
13 vendor -- either a credit or a void. I think it is a
13
Q.
14 credit. Its a reduction.
14
A. Correct.
15
Q.
15
Q.
16
A. This is old. I would have to pull out documents
Okay.
17 to -18
Q.
Does the Tribe still maintain accounting records
And Bert and Billy had different lawyers before
16
Lewis Tein; right?
17
A. Yes.
18
Q.
To your knowledge, were they paid in the same
19
manner, a loan from the Tribe paid through quarterly
20
A. I think so.
20
distributions to Bert and Billy?
21
Q.
21
19
to document loans made to its Tribe members?

What do you mean?
A. Yes.
Q.
So you can set aside one and two. And leave
22
A. I'm not there.
22
23
Q.
23
those close to you because the reporter will take them at
24
A. Yes.
24
the end.
25
Q.
As of six days ago.

Earlier on Exhibit 1, you made the comment that
A. Okay.
25
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56
54
1
it seems to me --
A. Uh huh.
Q. --
document?
because whose name is at the top of that
Q.
You'll get copies with your deposition through
your lawyer.
I asked you when we broke if you had brought
documents pursuant to the subpoena, any invoices that you
A. Tammy.
had discussed?
Q.
It seems to me you made a statement to suggest
A. Yes.
What did you bring?
that the loan and amounts due are -- were reflected on
Q.
there was to Tammy or Jimmie, am I correct in that or not?
A. I have three invoices.
9
10
11
12
A. Yes.
Q.
Please explain to me what you mean and why or how
you know it?

A. Because I believe that this schedule was for all
13 of the payments having to do with that particular case.
Q.
MR. CALLI: I'm going to mark these.
10
For the record, the witness has handed me a
11
composite exhibit consisting of 22-pages and
12
rather than take the time to mark every page
13
or separate them I'm going to mark this as a
14
composite exhibit in the interest of time so
15
that I can try to conclude your deposition
A. Yes.
16
and afford the Tribe time to ask you
17
Q.
17
questions.
18
A. Yes.
19
Q.
14
15
16
When you say "that" are you referring to the
Bermudez case?
Because Tammy Billie is Jimmie Bert's daughter?
18
19
Louise Bert is Jimmie Bert's wife?
This will be Exhibit Number 3.

20
A. Yes.
20
21
Q.
21
Identification.)
22
that document reflect loans to amounts due from?

MR. SCHEINBERG: Exhibit 1.
23
24
25
So for whom -- for which of those three would
BY MR. CALLI:
Q.
Exhibit 1.
22
MS. PINO: Can we see the exhibit?
23
MR. CALLI: I haven't -- all I have done
24
is count the pages and mark it. I would like
25
the witness to describe it, for the record,
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59
57
1
and then I'm happy to stand with the Tribe
while they review and I can look over their
shoulder, or wait if they're not comfortable
with that.
BY MR. CALL!:
Q.
What is Exhibit -- Composite Exhibit 3?
A.
It is three invoices with purchase orders and
check stubs for payments to Lewis Tein.
10
11

video.
12
A.
Probably an invoice number here.
Q.
When you say "here" you're pointing to the upper
left-hand corner -- what number is that?
MS. PINO: Okay.
purchase order to the check stub in this instance?
A.
6166 -- 8166.
Q.
On Page 1, in the upper left is the number 8166;
is that correct?
A.
Yes.
Q.
Does that number appear on Page 2?
10
A.
Yes.
11
Q.
Does that tell you that the PO corresponds to the
12
check stub?
13
13
A.
Yes.
14
14
Q.
Does the code 1069-001, legal fees receivable,
15
15
appear on the PO or the check stub?
16
video.
16
A.
The PO.
17
BY MR. CALLI:
17
Q.
There is handwriting and a date in the middle of
18
Q.
I'm going to show these to the Tribe. If the
18
Page 2, do you know whose handwriting that is?
19
Tribe doesn't object, I would like to look at them as
19
A.
I think so.
20
well.
20
Q.
Who do you believe it to be?
Thank you.
21
A.
I think that is Megan Acosta's signature.
I'm going to affix a post-it note, since it's a
21
22
Q.
Who is that?
23
composite exhibit, for the purpose of being able to
23
A.
Administration staff at the time.
24
expedite finding the page and asking the witness a
24
Q.
Is she still -- was she still there at the time
question. Does the Tribe have any problem if I mark the
25
22
25
you were recently terminated?

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58
1
2
MR. ROMAN: No.
60
A.
No.
Q.
What was her role?
A.
She was a Tribal loan officer.
bottom of the page?

MR. CALLI: I'm going to write a number
on the lower right-hand corner of each page
Q.
Tribal loan officer.
so I can say Composite 3-1. I learned
A.
She did a lot of things.
something today.
Q.
Do you know what her duties were as it related to
7
8
So what is -- on Exhibit 3, what is Page
9
10
being a Tribal loan officer?
A.
Some. I don't know all her duties.
Q.
Why did the Tribe need a Tribal loan officer?
A.
To keep track of what's owed by Tribal members
10
1?
11
12
And at least there are 22-pages, as I

said earlier.
11
THE WITNESS: That's the check stub.

BY MR. CALLI:
and to process loans.
12
Q.
If this was a legal expense to the Miccosukee
13
Q.
Meaning what?
13
Tribe, in your experience over twenty years, would Megan's
14
A.
Actually, that's the part of the stub that
14
signature be on this document?
15
A.
I don't know.
Q.
Okay.
16
Q.
With the Tribe?
17
A.
This signature only indicates who picked up the
18
A.
Yes.
18
check.
19
Q.
What is Page 2?
19
Q.
Who picked up the check?
20
A.
That's the purchase order.
20
A.
Correct.
21
Q.
Created by?
21
Q.
Megan Acosta picked up the check?
22
A.
Me.
22
A.
I think that's her signature.
23
Q.
And it corresponds to the check stub on Page 1?
23
Q.
When you say this signature, you're referring to
24
A.
Yes.
24
the one in -- since there are several on Page 2, you're
25
Q.
Other than the amounts, what links up the
25
referring to the one in the center of the page, roughly?
15
16
remains with the purchase order.
17

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61
1
A.
Correct.
A.
Yes.
Q.
So whose signature is in the lower left?
Q.
What does it say?
A.
Mine.
A.
It says "Tammy Gwen Billie/wrongful death
Q.
And whose initials are in the lower right
action."
authorized by?
Q.
What's does it indicate -- do you have a
recollection of when this invoice came to you whether or

not it had "ok to pay" and signed by Louise Bert?
A.
I think that's Alina Fuentes.
Q.
Who's that?
A.
Another accountant for the Tribe.
A.
I believe it would have, yes.
Q.
Would Megan and Alina know what 1069 - 001 means?
Q.
Do you --
10
A.
Megan would not.
10
A.
I receive a lot of invoices, so...
11
Q.
How is that? She's a Tribal loan officer.
11
Q.
12
Is it
Okay.
After you created the purchase order -- let me
12
a different accounting function?
13
A.
She wouldn't code documents.
13
ask: Do copies of these documents remain together, check
14
Q.
Okay.
14
stub, purchase order, backup in the form of the invoice?
So it's in an different end of the transaction?
15
A.
Yes.
Right.
16
Q.
Does the Tribe maintain those?
15
16
A.
17
Q.
Her involvement?
17
A.
Yes.
18
A.
Right.
18
Q.
Is this reflective of Tribe's records that it
19
Q.
Okay.
19
20
21
22
23
24
25
Is there something else you want to tell me about

that you think is important?
20
Billie and Jimmie Bert to pay their legal fees in the
21
wrongful death case?
22
A.
No.
Q.
On Page 3 of Composite Exhibit 3, who is that
legal invoice from?

A.
would maintain relative to the Tribe's loan to Tammy Gwen
Lewis Tein.
A.
To all payments from the Tribe.
23
Q.
So you're going more broad?
24
A.
Correct.
25
Q.
You're saying every check goes out is going to
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62
1
Q.
Who is it addressed to?
A.
Chairman Colley Billie.
A.
Yes.
Q.
Chairman Colley Billie, the current Chair of the
Q.
Purchase orders?
Tribe?
A.
Yes.
A.
Yes.
Q.
Coding of some sort, whatever it may be?
Q.
What's the date?
A.
Yes.
A.
I don't know the date of the invoice. It is for
Q.
There's strict accounting function?
A.
Yes.
Q.
And in your experience the Tribe maintains its
the -- well, May 30th, 2010. I'm sorry.
Q.
That's okay.
10
A.
Yeah, its the invoice for the month of May,
11
2010.
12
Q.
13
And there's handwriting on the upper, sort of
right of Page 1?
10
have backup?
accounting records?
11
A.
Yes.
12
Q.
So if I pull any check and I go to the Tribe, I
13
should be able to find -- to work my way backwards through

the transaction as it were; is that correct?
14
A.
Yes.
14
15
Q.
What does that handwriting say?
15
A.
Yes.
16
A.
It says "ok to pay" and it's signed by Louise
16
Q.
And find a copy of the check in the Tribe's
17
18
19
17
Bert.
Q.
And on Page 1 of that invoice, is there a re
section indicating what the invoice relates to?
possession or the check stubs?
18
A.
19
Q.
Page 1 of this exhibit, yes or no?
A.
Yes.
Yes.
A.
Yes.
20
21
Q.
And what does it say?
21
Q.
Is a purchase order created by you?
22
A.
I think it says Tammy Billie.
22
A.
Yes.
23
Q.
On Page 3.
23
Q.
Yes or no?
24
A.
Oh.
24
A.
Not necessarily me, but yes.
25
Q.
Is there a re section?
25
Q.
Created by somebody in your department in the
20

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Tribe?
A.
Uh-huh -- yes.
Q.
You're doing well.
A.
Or administration.
Q.
Administration could create the purchase order?
A.
Yes.
2
3
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9
10

Identification.)
BY MR. CALLI:
Q.
you not?
Q.
How is it
A.
-- in that conversation.
Q.
In the conversation you testified about, where
--
--
you testified earlier he said these are not loans, do you

recall testifying to that today?
A.
Yes.
Q.
In any manner did you make it clear to him or was
he just telling you that they weren't loans?

A.
11
I'm showing the Tribe what I've marked as
I don't know if I said what I was going to say
A.
He was telling me they weren't approved loans
Exhibit 4 and asking -- I think these are the checks the
12
because he did not find the approval in the minutes of the
Tribe's produced and were filed in the -- maybe in every
13
meetings.
action by now.
14
15
16
17
18
19
20
21
22
23
24
25
The Tribe indicated it's in agreement that that's

what Exhibit 4 represents. I'm not going to go through
each and every one of these checks so don't be concerned
about that.
However, and if the Tribe has an objection to the
manner I ask it, or correction to what I'm saying, I
invite them to correct me or object.
Exhibit 4 are checks issued by the Miccosukee
Tribe to the Lewis Tein Law Firm that the Tribe
voluntarily produced to Plaintiff's lawyer in the Bermudez
case that were filed in that action and that form the
Q.
How long have you worked in and around Bernie
Roman?
A.
Well, we have never worked in the same
department, but we both worked for the Tribe for almost

20 years.
Q.
Have you had an opportunity to observe him while
he's been working as a lawyer for or on behalf of the

Tribe or its members -- not in Court, but at the Tribe?
A.
I've seen him at work.
Q.
Do you know whether Mr. Roman reviewed all of the
General Council and Business Council and Special Council

minutes?
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basis of proceedings there and are involved in other
A.
I don't know. He said he did. I don't know.
lawsuits; do you understand?
2
3
4
5
6
7
8
9
Q.
Do you believe him?
A.
No.
Q.
Why not?
A.
Because he has given me reasons not to believe
A.
Yes.
Q.
And there's checks over a, maybe a 4 year period,

-
give or take, I don't know exactly, but the exhibit will

be part of the record of this deposition.
So these checks are certainly cut and issued
while you were an employee of the Miccosukee Tribe; do you
understand?
A.
Yes.
10
Q.
Is it your testimony that for each and every one
11
12
13
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15
16
17
18
19
20
21
22
23
24
25
of these checks, the same documentation that you just

testified to in Exhibit 3 should exist at the Tribe for
these records?
A.
Yes.
Q.
If they don't exist, what would your belief be as
to why they don't exist?

A.
Somebody would have had to take them or hide them
or destroy them.
Q.
Has anybody ever asked you to supply information,
proving or disproving that the Tribe made these loans to

Lewis Tein in the Bermudez case?
A.
No.
Q.
Did you ever discuss -- you did discuss that you
would testify that these were loans with Mr. Roman, did
things that he says; he has lied to me.

Q.
he did?

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Do you believe if he actually reviewed the
minutes and saw the approval that he would disclose that
A.
No.
MR. SCHEINBERG: As you're marking that,
what appears to be an exhibit, at some point

before your questioning can you let my client
peruse through some of it?
MR. CALLI: Yes. I'm going to hand you
4 and -- 4 is the composite exhibit of the
checks so while I'm marking 5, which is not
voluminous, feel free to look at 4.
MR. SCHEINBERG: Thank you.
MR. CALLI: While I'm marking, I'm going
to provide the Tribe a set of what is now
Exhibit 5. That's your copy.
MR. ROMAN: That's fine.
subsequently marked as Defendant's Exhibit

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1 bills with.
No. 5 for Identification.)

THE VIDEOGRAPHER: Were going off the
video.
video at 2:17 p.m.
Q.
Q.
3
4
5
6
7
8
A. Yes.
Q. Would go over bills that were submitted by
BY MR. CALLI:
10
I'm going to finish with Exhibit 3, Composite
The legal department?
outside lawyers to the Tribe for payment of the legal fees

as loans, is that what you're saying?
A.
Q.
They would go over all legal bills.

In this instance they're going over, in the legal
department, bills for which loans have been granted to the

individual Tribal member?
Exhibit 3. Page 15 is also what you described as a check
11
A. Yes.
stub as was Page 1. Is Page 15 an example of a separate
12
Q.
and distinct check stub issued by the Miccosukee Tribe to
13
14
those?
Lewis Tein?
A.
Yes.
15
Q.
Q.
Does it bear the number 8053 in the upper
16
date of fire?
17
A.
I don't think there is a legal department now.
18
Q.
Was Janeen Bennett ever replaced?
19
A.
No.
20
Q.
We talked about it at the start, but you were
left-hand corner?
A.
Q.
Yes.
Does that number appear on Composite
Exhibit 3-16?
21
22
23
24
25
A. Yes.
Q. Does 3 16 contain the code 1069 001?
A. Yes.
Q. Is that the Miccosukee Tribe's internal
-
accounting for legal fees receivable?
Do you know if legal would retain copies of
A. I don't know.
Do you know if legal still does that as of the
previously subpoenaed for deposition, the date was

January 28th. Do you remember being subpoenaed
previously? You said you received a subpoena at home.
A. I've received a couple of them.

Q. Do you remember being fired a day or two before
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A.
Q.
1 you were scheduled to give a deposition?
Yes.
Whose handwriting appears in the middle of the
page?
A.
Q.
A.
Q.
A.
I think that is Megan Acosta's signature.
Q.
And the initials in the lower right on the line
This one?
In the middle, yes, that you're pointing to.
The lower left signature.
That's my signature.
authorized by?
A.
Q.
Alina Fuentes.
Page 17, is that a legal invoice from Lewis Tein
dated April 30th, 2010?
14
A. Yes.
15
Q.
In the re section, what does it say?
16
17
A.
Q.
Tammy Gwen Billie, wrongful death action.

Does there appear to be handwriting on the right
18
side of that page?
19
A. Yes.
20
21
22
Q.
And what does it say -- who do you believe wrote
A. Yes.
Q.
It says "ok to pay", and its signed by Louise
23 Bert. I don't know who wrote "ok to pay", probably legal.
22
23
At any time did you receive an E-Mail from Bernie
Roman, or any of the lawyers who work with him and are
here, or not here, but work with him, asking your
availability on January 28th?
A.
An E-Mail asking my availability? I think on the
day I was fired there was an E-Mail that asked something

about availability.
Q.
Okay.
But what I'm really getting at is -- I got an
E-Mail that you weren't available on January 28th before

you were fired, did you ever tell any of the lawyers for
the Tribe or anybody at all that you were not available
that date?
21
it and who's signature do you believe that to be?
A.
2
3
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A.
Q.
A.
Q.
A.
I would have made myself available.
Q.
So why did Mr. Roman send me an E-Mail that says
No.
Were you available?
Did you intend to appear at your deposition?
Yes.
you weren't available?
A. I don't know.
24
Q.
Why do you say probably legal?
24
Q.
Is that a lie?
25
A.
Because I think that is who would go over these
25
A.
No.
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73
Q.
A. Yeah.
1 Council for a loan, anyone other than your lawyers, for a
Is it a lie that you were not available?
loan to pay his legal fees in the defense of the Bermudez
wrongful death case?
Q.
A. Yes.
Q.
Megan Acosta was a loan officer?

From 2005 to 2010 did anybody else occupy that
position?
A. Has anybody-Q.
Has anybody told you that Jimmie Bert testified
in a deposition under oath that, in fact, he made a
A. I don't know.
request to General Council for a loan to pay his legal
Q.
fees in the Bermudez wrongful death case?
A. I don't know.
Is there a loan officer now?
A. I don't know. But I was given transcripts.
Q.
10
10
Q.
11
A. No.
11
12
Q.
12
13
A. She was terminated.
13
14
Q.
14
15
A. I don't know.
Does Megan Acosta still work at the Tribe?

Why not?
Why; if you know?
15
Okay.
Deposition transcripts?
A. Of Jimmie -- I think one or two of Jimmie's

deposition.
Q.
There have been several. Do you have a
recollection of ever reading that before?
A. I'm not sure.
16
Q.
Do you know where she is?
16
17
A.
No.
17
18
Q.
Do you know if it had anything to do with --
18
all the different Bermudez litigation but was all Bermudez

occurred, more or less?
19
because she was going to tell the truth like you; do you
19
20
know if that's why she was fired?
21
Do you know when the incident that gave rise to
20
A. No.
A. I don't know.
21
Q.
Q.
A.
Q.
A.
Q.
I've provided Mr. Lopez and the Tribe's attorney
22
23
with Composite Exhibit 5. It consists of 14 pages and as
23
24
the court reporter suggested, and as Mr. Roman said was
24
25
permissible, I wrote in small letters on this exhibit, as
25
22
Q.
Okay.
A while ago, I mean. But exactly when, no.
Ten years ago?
I think at least, yeah.

So is it your understanding -- these minutes had

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I did in the earlier Exhibit 3, numbers in the lower right
originally presented his request to Business Council, they
corner. These are documents provided by Mr. Roman in
in turn informed him he had to present it to General
redacted form under a compelled Court order after he
Council for their final decision. He stated he is
resisted producing them. They are a composite of Tribe
requesting assistance from General Council and is he
minutes; do you understand?
hopeful they will consider his request. Is it your
A. Yes.
understanding that that's how individual Tribe -- Jimmie
Q.
Bert would have gone about in the Bermudez case asking for
a loan, asking for that assistance; that he would either

go to General Council or Business Council to make the
6
7
Turn to Page 5-3. The date of these records at
the top of the page are 11/5/90. There are the letters
before that date SGCMTG, which I believe stands for
10
Special General Council Meeting. Do you see all that
10
11
information?
request?
A. Either to General Council or Business Council at
11
a meeting or -- I mean not necessarily at a Business
12
A. Yes.
12
13
Q.
13 Council meeting. But yes, if it was from General Council
To yourself read -- read the second full
14
paragraph that appears on the page. "Request from Jimmie
14 it would be at the General Council meeting.
15
Bert". Do you see "Request from Jimmie Bert"?
15
Q.
So look at 5-4.
16
A. Yes.
16
A. Okay.
17
Q.
17
Q.
18
19
Do you believe that to be Jimmie Bert that is in
18
the wrongful death Bermudez case?
Turn the page. I need to give you the marked
copy.
A. Yes.
19
A. Okay.
Q.
21
Q.
A. Yes.
20
22
Q.
22
A. Okay.
23
Q.
20
23
Jimmie Bert, who Lewis Tein represented?
"Jimmie Bert stated".
24
25
21
So read to yourself the paragraph that begins

Before today has anybody ever told you that
Jimmie Bert testified under oath that he asked the General
And, please, read to yourself the top of Page 4.

Does that indicate to you Jimmie Bert is making a
24
request for a loan to pay his legal fees at a special
25
General Council, if you know?

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Okay.

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1
2
A.
A.
He's asking for an advance of his retirement
stipend.
Yeah. I mean, they're not asking for that
assistance.
Q.
A.
It's a stipend that he receives as an
documents concern the Berts and Tammy Billie asking for
loans, discussing repayment where its going to come
ex councilmen.
-
Q.
Ten thousand feet. Ten thousand feet. Do these
Q.
In addition to a quarterly distribution?
from --
A.
It's different.
A.
Yes.
Q.
Does it says what he's asking it for?
Q.
--
advancements, repayments?
A.
To pay legal bills.
A.
Yes.
10
Q.
Look at Page 8.
10
Q.
What's eligible, what's not?
11
A.
Okay.
11
A.
Yes.
Q.
You see where it says "Louise Bert asked Chairman
12
Q.
And, in fact, Chairman Billy Cypress contends,
12
13
13
Cypress -- do you see that?
14
A.
you have responsibility; you have to pay it back; we're
Yes.
14
not a blank check; you have to make commitment. Is that

what that says to you?
And in 2000, which is the date at the top of that
15
16
page, February 3rd, 2000, would that have been Chairman
16
A.
Yes.
17
Billy Cypress?
17
Q.
Look at Page 13. The name Louise Jim appears
Q.
15
18
19
there, is that the same as Louise Bert?
A.
Yes.
Q.
Okay.
19
A.
No.
What does it mean Chairman Cypress and Ms.
20
Q.
That's a different person?
Bert -- in this case for these loans when it says,
21
A.
Yes.
Q.
Set that aside for me if you will. You can leave
20
21
18
22
"Chairman Cypress stated Mrs. Bert and her daughter are
23
24
currently reimbursing the Tribe for legal fees through

their NTDR -- don't tell me about the NTDR. When it asks
22
23
24
25
if the General Council would allow them to receive
25
that right on the stack there.

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78
distributions without the deduction, what does that mean?
A.
To me that means that they were asking for their
whole distribution without having anything deducted from
it.
Q.
You mean they owed money, but they wanted the
whole distribution and to basically skip one quarterly

without repayment?
A.
That's what it -- that's what I understand.
Q.
A request like that had to go to either General
Council or Business Council or Special General Council?
10
12
I don't know exactly where the request would have
to go to, but since they made it there, I would say yes.
Exhibit 6, which I'm passing to the Tribe's
Miami-Dade Circuit Court. It is three pages.
A.
Q.
attorney, is the Affidavit of Bernardo Roman filed in
it.
11
BY MR. CALLI:
5
6
10
Identification.)
Are you done?
A.
Yes.
MR. CALLI: I will give your lawyer a
minute if he needs it.
11
12
Please read
MR. SCHEINBERG: I'm okay.

BY MR. CALLI:
13
Q.
Does it seem like a secret to you?
13
14
A.
No.
14
is the Affidavit of Bernardo Roman dated December 20th,
15
Q.
I mean, Billy Cypress comes to you and says do
15
2012, marked as Exhibit 6. It says, "There are no books
16
of accounts or general ledgers reflecting loans or
16
this, is that's what going on here?
Q.
Look at Paragraph 3. There are no books -- this
17
A.
No.
17
advances made by the Miccosukee Tribe to Jimmie Bert
18
Q.
Look at page -- first 9. Reads also
18
and/or Tammy Gwen Billie for payment of their legal fees
19
and related expenses to Guy Lewis, Esquire, Michael Tein,

or Lewis Tein PL." Is that a truthful statement?
19
September 3rd, 2000.

Look up when you're done.
20
21
A.
Okay.
21
A.
No.
22
Q.
Does that indicate to you that Louise Bert,
22
Q.
Do you know if the Tribe has book of accounts,
20
23
Jimmie Bert, Tammy Billie, that they're going to the
23
general ledgers, financial information that reflects the
24
Tribe's various governing bodies and asking for loans and
24
loans?
25
legal assistance to pay their legal fees?
25
A.

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Yes.
20 of 83 sheets
83
81
Q.
Have you seen that here today?
A.
(Indicating).
before they were even representing them?

THE WITNESS: I guess, yeah.
Q.
What exhibit are you pointing to?
A.
Exhibit 1.
Q.
What about Exhibit 2?
possibly, as a lawyer, pass this off to a Court knowing
A.
Exhibit 2.
what you know and thinking it's not dishonest?
Q.
That's to Billy Cypress?
A.
That's Billy.
That's Billy. Let's take that back.
Q.
Q.
How else could you -- how else could you
MS. PINO: Objection.

BY MR. CALLI:
Q.
10
What about the -- what about Exhibit 3, that's
10
BY MR. CALLI:
Do you know that the Tribe gave loans to Jimmie
11
not a general ledger, but that is -- is that a record
11
Bert and Tammy Billie to pay their legal fees including to
12
reflecting payments?
12
Lewis Tein in the Bermudez case?
13
A.
Yes.
13
14
Q.
You have Exhibit 1, which is compilation of loans
14
A.
Yes. The loan wouldn't-MR. LOPEZ: Just answer the question,
15
okay.
15
titled to Tammy Billie, but you've explained that that
16
could and be probably does include Jimmie Bert and Louise
16
17
Bert; correct?
17
answering. You were saying the loan would
18
not be --
18
19
A.
Everything involving that case, correct.
Q.
Tammy's criminal case, the Bermudez wrongful
MR. CALLI: You can answer. You were
19
THE WITNESS: Be specific to one person.
20
death, any ancillary litigation, is that your
20
21
understanding?
21
Q.
Because why? You're pointing at Exhibit 1.
Because there are many expenses related to these
22
23
24
25
BY MR. CALLI:
A.
Yes.
22
A.
Q.
cases.
You got Exhibit 5 talking about Bert, Lewis Tein
23
and Jimmie requesting loans for legal fees in 1998, 2000
24
Q.
Do you know who Jasper Nelson is?
and forward?
25
A.
Yes.
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82
A.
Yes.
Q.
Who is he?
Q.
When the Bermudez case was pending; right?
A.
Assistant Chairman.
A.
Uh-huh. Yes.
Q.
Now?
Q.
And Exhibit 3 are the Lewis Tein invoices signed
3
4
A.
Yes.
Q.
For how long?
A.
As long as I can remember.
4
5
6
7
8
"ok for payment," right?
A.
Yes.
Q.
And you've told me that these documents are all
Q.
Twenty years?
A.
I think so.
Q.
A.
Okay.
Q.
Are you aware that he testified that Jimmie Bert
coded as a legal loan receivable; right?
A.
Yes.
10
Q.
So what's the game? How is Bernie Roman gaming
10
I think so. I'm not sure.
11
the judge by phrasing this sentence the way he has? Where
11
12
is the big lie in that paragraph? Where is his fraud on
12
and Tammy Billie asked the General Council for unlimited
13
the Court?
13
loans to pay their legal fees in the Bermudez wrongful

death case and General Council approved it?
14
14
15
15
A.
Yes.
16
MR. CALM You can answer.
16
Q.
Look at Paragraph 4. It says, "There are no
17
THE WITNESS: To make it look like we
17
books and/or records entitled 'Jimmie Bert- Legal A/R'
18
were not recording a receivable for her fees.
18
reflecting payments or deductions from Jimmie Bert for
19
payments of legal fees made by the Miccosukee Tribe to Guy
records contain the name Lewis Tein or Guy
20
Lewis, Michael Tein, or Lewis Tein for their
21
Lewis; does that make any sense to you? Does
21
representation of Tammy Gwen Billie and Jimmie Bert." Do
22
that look -- at that time is that what he's
22
you see that?
23
saying? Is that why it wasn't approved? Is
23
24
that why he's saying it wasn't approved,
24
Q.
Let's go back to Exhibit 1.
25
because Lewis Tein's name doesn't appear
25
A.
Uh-huh.
19
20
MR. CALLI: Because none of these
Yes.

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85
1
Q.
A. Right.
1 distribution, whatever money the Tribe gives them, how do
You see how that's titled?

Is Jimmie Bert rolled into that?
you reconcile that paragraph we just discussed with this,
had do you reconcile that?
Q.
A. Yes.
Q.
So is Paragraph 4 -- Paragraph 4 does Mr. Roman
A. I can't.
Q. Because what, Guy Lewis and Mike Tein aren't
mentioned in the meeting?
write that because Jimmie Bert's records are on a document
named Tammy Billie?
A.
Q.
A. Because there's not something specific.
Q.
To Jimmie Bert?
I don't think anybody is mentioned in there.

Right. Right. Right.
Is this all a big ruse by Billy Cypress, Mike
10
A. To Jimmie.
10
Tein and Guy Lewis and the Tribe? To your knowledge, is
11
Q.
11
all this financial data, these minutes, is it all made up?
12
It's included all for the family right here is
A. No.
12
your knowledge?
A. Yes.
Q. Do you think that's honest?
13
Q.
14
14
A. Yes.
15
A. No.
15
Q.
16
Q.
16
associated with them ever -- you never had any contact
17
A. Yes.
17
with them, did you?
18
Q.
18
19
A. No.
19
20
Q.
20
ever tell you about a big fraud or anything -- anything
21
that indicated to you that was -- this was -- this was

fraud, this is a ruse?
13
21
Do you think that's misleading?

Would you ever submit that to a judge like that?
Do you think the legal department knows whose
loans are reflected on this document?
Is it a real loan?
Did any -- did Mike Tein, Guy Lewis, or anybody
A. No.
Q.
Did Chairman Billy Cypress or Chairman Colley
22
A. Yes.
22
23
Q.
23
A.
No.
records entitled 'Tammy Billie Legal A/R similar to
24
Exhibit "I" attached hereto for payments of legal fees
25
Q.
A.
Colley Billie
24
25
Look at Number 5. "There are no books and/or
By the way, who's the Chairman of the Tribe?

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86
1
made by the Tribe to Guy Lewis and Michael Tein for the
representation of Tammy Billie."
Q. So in Exhibit, Composite Exhibit 3, the Lewis

Tein invoices approved for payment by Louise Bert, who are
those invoices addressed to?
What am I missing with regard to Exhibit 1?
A. Chairman Colley Billie.
Please tell me, as an accountant, how I can make sense of
that statement in light of what you've testified to and
I'm holding as Exhibit 1 in this deposition?
lawsuit saying that those payments -- made allegations

that they're not loans to Lewis Tein; do you know that?
Q.
Do you know that Colley Billie has filed a
A. I don't know.
Q.
A. I didn't know that.
Q.
9
10
11
I want you to explain to me why that is not a
lie.
A. I can't.
Q. Look at Paragraph 6. Paragraph 6 and 8 say that
Does the Tribe have annual independent, outside
10
audits? Without getting into specifics or telling me who
11
does that.
12
Mr. Roman has reviewed all minutes from '98 through 2010.
12
A. Yes.
13
In Paragraph 6 he says of the Business Council. In
13
Q.
14
Paragraph 8 he says of the General Council. And in 8 he
14
A. Yes.
15
says, "There are no writings, other information,
15
Q.
16
memoranda, documents, notes, or other things with respect
16
A. Yeah.
17
to accounts receivable for loans in general or loans to
17
18
Jimmie Bert or Tammy Billie by the General Council for
18
adult voting membership of the Miccosukee Tribe as far as
19
payment of legal fees by the Tribe for legal
19
you know?
20
representation by Guy Lewis, Michael Tein or Lewis Tein."
20
21
Do you see that?
21
22
A. Yes.
22
manner a clear categorization of expenditures that are
23
Q.
So in Exhibit 5 where the Berts and Billy and
23
booked as legal loan receivables?
24
Jimmie and Louise are asking for loans and assistance
24
A. Yes.
25
through advances of their retirement, their NTDR, their
25
Q.
Q.
Are they disclosed to the General Council?

Is the General Council comprised of the entire
A. Yes.
Q.

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Are those provided to the Business Council?
Do those audited financials include in some
Do they include expenditures by the Tribe for

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91
89
Q.
1 Billy Cypress that are not loans? Expenditures. Do the
but generally speaking, with regard to the audit process,
audited financials shows all the money going out?
Don't tell me who and don't tell me what's on it,
A. Yes.
would you get a list of source documents requested by the
Q.
auditor that he would need to review in preparation for
his annual independent audit?
5
6
7
8
9
10
Does that include whatever money was given to
Billy Cypress as a loan or otherwise?
A. Yes.
A. Yes.
Q.
Q.
A. Yes.
Q.
Was any of that information ever hidden from the
auditor?
A. No.
Q.
10
Were you ever asked by Billy Cypress, Julio
Would you comply with that?

Would it include anything and everything he asked
for?
11
Martinez, Miguel Hernandez, Dexter Lehtinen, Mike Tein,
11
A. Yes.
12
Guy Lewis, were you ever asked to keep the auditor in the
12
Q.
13
dark?
13
A. No.
Did you ever withhold anything from the auditor?
14
A. Never.
14
Q.
15
Q.
15
A. No.
16
Did the auditor have free reign to all the
A. Yes.
18
Q.
19
Q.
16
financial information of the Tribe?
17
17
Are you aware of Billy Cypress ever giving or
receiving kickbacks to Lewis Tein?
Did you ever hide any payments to Lewis Tein?

Did you ever hide any loans made on behalf of
Tribe members to Lewis Tein?
18
A. No.
19
Q.
Did you ever hide any payment or money that was
20
given to Billy Cypress, whether it was a loan or
21
otherwise?
22
MR. LOPEZ: What is the --
22
23
MS. PINO: How would she know?
23
Q.
24
MR. LOPEZ: She said no.
24
A. No.
25
MS. PINO: How would she know one way or
25
Q.
20
A. No.
21
A. No.
Did Lewis Tein ever ask you to do that?
What is an attorney representation letter in the
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90
the other?
BY MR. CALLI:
A. For the audit?
Q.
A. Yeah.
Q.
Did you coordinate or help prepare the annual
budget?
Miccosukee Tribe; have you ever heard that term?

Sure. Yes.
A. Yes.
Q.
Q.
A. That's a request that is made to all attorneys
Do you coordinate, help prepare or provide
7 being paid by the Tribe each year, to write a letter for
information for the annual independent audit?
A. Yes.
Q.
What is it? What does it mean?
8 the audit, I think, detailing what type of litigation and

9 things the Tribe is involved in, anything that might be
Do you post journal entries?
A. Yes.
10 upcoming, so on, outstanding balances.
11
Q.
11
Q.
12
A. Yes.
12
A. Uh huh.
13
Q.
13
Q. -- in my case Lewis Tein, is doing work for the
10
Do you review bank reconciliations?

Do you prepare periodic statements such as
So if that -- if that lawyer, any lawyer --
14
unaudited profit and loss monthly financial statements
14
15
reviewed by the Tribal Council every month?
15
A. Yes.
A. Yes.
16
Q.
Q.
16
Tribe, that letter has to be provided?

If it's for individual Tribal members, that
17
letter does not have to be provided for the audit; is that
18
expenditures, loans, receivables, or expenditures are
18
correct?
19
provided to the Business Council?
19
A. Correct. Yeah.
A. Yes.
20
Q.
21
Q.
21
22
A. Yes.
22
A. I --
23
Q.
23
Q.
17
20
24
25
Are you aware of whether every week all Tribe
In regular meetings?
And that would include loans to Tribe members for
24
legal fees or expenditures by Billy Cypress?
A. Yes.
character of these checks?

You're saying something. If you don't know you
don't know. I'm asking you --
25

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That is a document that would distinguish the
A. I don't know if they would include any of that in

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95
93
their representation letter or not.
BY MR. CALLI:
Q.
My question to you --
A.
Uh - huh.
Q.
Q.
-- as part of the audit function.
A.
Uh - huh.
Q.
Did you ever see the management letter?
Q.
Is the attorney rep letter requested by the
A.
I have seen management letters.
Q.
Do you have any recollection whether there was
Did Julio Martinez ever tell the auditor directly
not to put it in his management letter?
A.
I don't know.
auditor only if the lawyer from whom its requested on the
outside of the Tribe is doing legal work for the Tribe?
any discussion in the management letter about Billy
Cypress's expenditures on credit cards or otherwise?
A.
Yes.
10
Q.
So it's not requested by the auditor if the
11
lawyer outside is representing an individual Tribe member?
10
A.
I think there was.
11
Q.
Was there a discussion that they were excessive
12
A.
Correct.
12
13
Q.
And the Tribe member is responsible for his or
13
A.
I think so.
14
Q.
Does that management letter go to the Management
14
her own legal fees?
or out of the ordinary?
15
A.
Right.
15
Tribe?
16
Q.
No attorney rep letter for the representation of
16
A.
Yes.
17
Q.
Is it part of the unaudited, audited financials,
17
an individual Tribe member for the audit?
18
A.
Correct.
18
19
Q.
So if Bernie Roman wants to take all these
19
A.
Audited.
Q.
So the management letter is going to disclose to
or both?
20
checks, which are truthfully 50 percent for Lewis Tein's
20
21
work for the Tribe, and 50 percent for its work for
21
anybody and everybody who has access to the audited
22
individual Tribe members, and mislead the Court that
22
finances the auditor's concern about Billy Cypress's
23
they're all one payment by one source, the Tribe, the
23
credit card?
24
attorney rep letter would help the Court see what the
24
A.
I'm not sure if it's attached to it or not.
25
truth is; right?
25
Q.
It's accessible to people in the Tribe?

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94
A.
Yes.
A.
Yes, they could come ask to see it. Yes.
Q.
What's a management letter in the audit process
Q.
So how could it be in the lawsuit Mr. Roman
generally? Don't tell me anything specific about the
signed that he alleges my clients, Lewis Tein, conspired
Tribe's business.
to keep Billy Cypress's expenditures secret from the Tribe
if it's in the audited financials?
A.
I believe its the letter where Tribal management
I don't know.
acknowledges what the auditor finds during his audit, more
A.
or less.
Q.
If you think of any way, will you let me know?
A.
Yes.
Q.
If it's after today, will you tell your lawyer so
8
9
Q.
Does that management letter go to outside lawyers
like Lewis Tein?
10
A.
No.
10
11
Q.
Does the audit letter disclose any concerns the
11
A.
12
auditor has?
12
Q.
13
14
they can share it with me?
Yes.
Because I can't figure it out.
A.
Yes.
13
Q.
Like if the auditor was concerned that Billy
14
Billy Cypress, has a separate Number 1078. Does Billy
15
Cypress have a separate loan number? Did he have a
16
separate loan numbers and were his financials tracked
15
Cypress spent a lot of money, he would put it in his
16
management letter?
You mentioned as to Exhibit 2, which is loans to
17
A.
Yes.
17
separately because there was some effort by him and the
18
Q.
Did you ever tell the lawyer not to put that in
18
Tribe to -- to keep secret or fraudulent his transactions?
19
A.
No.
20
A.
No.
20
Q.
Why would you keep track of it if it was a fraud?
21
Q.
Did Julio Martinez ever tell you to tell the
21
A.
Correct.
22
Q.
Was it -- was it fake? Do they just zero it out
19
22
the management letter?
auditor not to put it in his management letter?
23
MR. PINO: Objection.
23
at the end of the year and there's never really any
24
THE WITNESS: No.
24
repayment?
25
A.
25
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02/03/2013 06:30:03 PM
No.
(305) 324-5431
24 of 83 sheets
99
97
Q.
A. Yes.
Q.
To your knowledge, does he still owe money?
attaching the 1099 that it issues when it files the 1099?
Yeah. So if its a fake loan -- never mind.
What would I be looking for -- what should I look
for as indicia that the manner in which the Tribe coded
and booked loans receivable, legal fees receivable for the
7 loans to Tammy and Billy, or whatever lawyers they paid
over the course of the time that they had these unlimited
loans that Jasper Nelson testified about? What indicia
A. No.
Q.
Do you know that 1099's do not contain the date
it was actually manufactured or created?
A. I didn't know that.

THE VIDEOGRAPHER: Were off the video
record.
10
would I look for to show me that the loan was fake, that
10
11
it was a fraud, that it wasn't really a loan? Think
11
THE VIDEOGRAPHER: This is videotape
12
broadly about any financial aspect of this that would
12
number three. We are back on the record at
13
suggest to me a red flag to say this is -- this is the
13
3:12 p.m.
14
smoking gun, this is why this is not a loan; where would I
14
BY MR. CALLI:
15
find that?
15
Q.
Ms. Goldenberg, I asked you earlier and you
16
A. I don't know. You wouldn't.
16
17
Q.
Well, if these payments made to Lewis Tein from
17
has to discuss Tribal financial matters; do you recall
18
the Miccosukee Tribe for payment of Jimmie and Tammy's
18
that?
19
legal fees in the Bermudez civil wrongful death case or
19
20
anything to do with Bermudez, if they were not loans --
testified regarding weekly meetings the Business Council
A. Uh-huh.
20
Q.
21
A. Uh-huh.
21
A. Yes.
22
Q. -- if they were paid by the Tribe with no
22
Q.
You got to say yes.

Based on your experience do you refer to those as
23
obligation for Jimmie and Tammy to repay them, shouldn't
23
24
the Tribe have issued a 1099 to Lewis Tein for every year
24
A. Finance meetings.
25
in which they made those payments?
25
Q.
Monday morning expenditure meetings?

Finance meeting. Have you ever attended any of
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100
98
A.
Yes.
Q.
Right. Does the Miccosukee Tribe adhere to the
A. Yes.
requirement that it issue its 1099's in the month after
Q.
the end of tax year captured on the 1099 form? Does the
A. Many times.
Tribe issue 1099's?
Q.
A. The Business Council.
A.
They issue 1099's.
Q.
Regularly?
A. Yes.
Q.
Have you -- are you aware of the IRS testifying
those?
Many times over 20 years?
Who generally -- who generally is present?
Q.
A. Yes.
Q.
Which consists of five members?

The chairman, vice chairman, the treasurer, and
10
that -- with Mr. Roman that the Tribe is in substantial
10
11
noncompliance for not producing or submitting or serving
11
12
or creating hundreds and hundreds of 1099's?
12
Q.
A. Yes.
13
A.
I know there's some issue with 1099's.
13
Q.
I don't want to get into the taxes. I don't want
the law maker?
A. And the secretary.

And the secretary, okay.
14
Q.
15
to get too far into taxes. What I asked about is public
15
A. Finance director, supervisor, me, possibly and
16
hearing.
16 people from other Tribal enterprises come in and out of
14
17
18
19
Your boss?
17 the meeting.
Do you know what a 1096 is?
A. No.
Q. Are you charged with preparing 1099's or issuing
18
Q.
19
A. Correct.
20
Q.
A. Yes.
Like the controller of the casino?
20
them?
21
A.
No.
21
22
Q.
Who does that?
22
Q.
23
A.
Accounts payable.
23
A. Yes.
Q.
You've never heard that a 1096 is the document
24
Q.
25
A. Yes.
24
25
that in this case the Tribe would send to the IRS

(305) 324-5431
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Like the controller of the hotel?

Like the golf course manager?
Like the service plaza manager?
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103
101
1
Q.
Right.
before the date on that affidavit? Did he talk to about
A.
Yes.
creating that affidavit?
Q.
And at that meeting would you agree with me that
A.
No.
what is discussed among other things is credit card
Q.
Did he ask you for your input? Did he say I have
payments, wires, lists of checks issued to attorneys and
otherwise, and things of that nature?
to do an affidavit, can I ask you some questions?
A.
A.
Yes.
Q.
Did he send any E-mails to that effect?
Q.
Are you aware of any instance where expenditures
A.
About having an affidavit and asking questions,
Q.
Are you aware of anybody else in accounting,
to Billy Cypress, Guy Lewis, Mike Tein or Lewis Tein were
No.
no.
10
purposefully or inadvertently withheld from any Monday
10
11
morning expenditure or Business Council meeting?
11
finance, accounts payable, accounts receivable who he

spoke to about the facts set forth in that affidavit?
12
A.
No.
12
Q.
And these people, these other people not on the
13
A.
No.
14
Business Council who manage other enterprises of the
14
Q.
Do you know how he arrived at the facts in those
15
Tribe, they're privy to this information as well?
15
affidavits?
13
16
A.
No.
16
A.
No.
17
Q.
Are they present when it's discussed?
17
Q.
Do you know who he involved in looking into the
18
A.
Not that part.
18
issue and consulting before he made those representations?
19
Q.
Not that part?
19
A.
No.
20
A.
Right.
20
Q.
Do you know if Mr. Roman ever went into the
21
Q.
That part's just the finance, accounting and
21
finance department to review documents?
22
A.
In the finance department? I don't know.
23
A.
Correct.
23
Q.
Why did you ask me in that manner?
24
Q.
Would a discussion of Billy Cypress's
24
A.
Because the documents would normally be provided
22
25
Business Council?
25
expenditures have occurred at these meetings?
to the Chairman's office, which is not in the finance
(305) 324-5431
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104
102
department.
A.
Possibly.
Q.
Do you have a recollection of whether they were?
Q.
And they would be kept in the Chairman's office?
A.
I don't recall.
A.
I don't know where they would be kept.
Q.
If you don't, who in accounts payable prepares
Q.
What do you mean they would be provided? Do you
the 1099's?
A.
Right now?
mean if requested or in the normal course?

A.
If something was requested -- if the Chairman was
Q.
Yes.
requesting documents from the finance department, they
A.
Terry Kissel.
would be provided to him.
Q.
Who?
Q.
Same for the accounting department? You said
10
A.
Terry Kissel.
10
11
Q.
Can you spell it?
11
A.
Oh, same thing.
12
A.
T e r r yK i s s e I
12
Q.
Would it necessarily be that Mr. Roman as the
general counsel, c-o-u-n-s-e-I of the Tribe would have to

request access through the Chairman?
finance.
13
Q.
Was she doing that in 2012?
13
14
A.
Yes.
14
15
Q.
Do you know anybody else who would create 1099's?
15
A.
He would request on behalf of the Chairman
16
A.
No.
16
Q.
Who is he?
17
Q.
She is still employed there?
17
A.
Bernie.
18
A.
Up until the time I was terminated, yes.
18
Q.
Would request on behalf of the Chairman?
19
Q.
Do you know generally if she lives in Dade or
20
Broward?
19
A.
Correct.
20
Q.
So you're saying he couldn't just go in and thumb
21
A.
Dade.
21
through it?
22
Q.
How long has she worked there?
22
A.
Shouldn't.
23
A.
I don't remember. It's been several years.
23
Q.
So there would be a record then of his request?
Q.
Can you look at Exhibit 6? Did Mr. Roman ever
24
A.
Normally yes.
25
Q.
What type of a record?
24
25
talk to you about any of the matters discussed in there
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26 of 83 sheets
107
105
1
2
3
A.
An E Mail.
Q.
Q.
Who would be charged in each department,
A.
No.
Q.
Well, I mean it's, at the time its attached to a
accounting and finance --
And did you know?
A.
Its the same department.
legal pleading filed by Mister -- or provided by Mr.
Q.
--
Roman; right?
A.
Q.
8
9
A.
with gathering of records?
A.
Yes.
Okay.
Q.
Did the police ever say anything about Mr. Roman?
Look at Exhibit No. 4.
A.
No.
Uh huh.
Q.
Did you ever say I don't know, ask Bernie Roman?
A.
No.
Q.
Now, did anybody from the Business Council
It would depend.
10
Q.
Yes or no, you see that?
10
11
A.
Yes.
11
12
13
Q.
Checks made payable from the Tribe to Lewis Tein;
12
right?
question or ask you about the release of those checks?
13
A.
No.
Q.
If Mr. Roman had been authorized to release those
14
A.
Yes.
14
15
Q.
Listen to me carefully now, I'm going to ask you
15
checks, as he represented to the Third District Court of
16
Appeal, why would the police be investigating where they
16
a series of questions, okay?
17
A.
Okay.
17
came from?
18
Q.
Do you know how those checks were released?
18
A.
I don't know.
No.
19
Q.
Who called the police?
Are you aware of any instance where the
20
A.
I think it was the treasurer.
21
Q.
Which is Jerry Cypress?
Yes.
22
A.
Yes.
Q.
Tell me about it.
23
Q.
How -- I thought the treasurer sat on the
A.
The police came and questioned people in our
24
19
20
21
22
23
24
25
A.
Q.
Miccosukee Tribe investigated the release of those checks?
A.
25
department.
Business Council?
A.
He does.
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106
Q.
1
2
Q.
About what?
A.
About how checks got out.
to authorize the release of those checks, how could the
Q.
Did they ask you?
Business Council have authorized it as Mr. Roman
A.
Yes.
represented to the Third D.C.A., I believe, without Jerry
Q.
Let me try to make sense of it. At the time the
Cypress knowing about it?
4
5
6
7
8
9
10
A.
I don't know.
Yes.
Q.
Could Colley Billie just authorize it without
At the time that they came to your department,
police -- the Miccosukee police, right, is that right?
A.
Q.
A.
Q.
Would that be permissible?
A.
That wouldn't be up to me.
Q.
Why wouldn't Colley tell the treasurer if he was
11
Q.
What do you mean you thought about checks?
12
A.
I thought it was about the checks that were
12
13
released.
14
Q.
So you knew they had been released?
14
15
A.
I had heard something about checks being
15
16
released.
17
Q.
A.
19
20
21
13
going to do that?
A.
I don't know.
Q.
Doesn't the Tribe like to keep its financial
16
records really tight to the vest because of all its IRS
Had you read it in the paper or had you heard it?
17
problems and generally doesn't like anybody telling it
It could have been in the paper. I don't
18
what to do?
19
A.
Yes.
20
Q.
So what's the justification for voluntarily
remember.
Q.
I don't know.
9
10
11
18
anybody else's knowledge?
I thought about checks.
did you even know what they were talking about?
A.
So if the Business Council is the authorized body
And did you know it was released in connection
with the Tribe and Bermudez and Lewis Tein?
21
producing all these checks, as far as you know, that the

Tribe would otherwise resist, as its done with every
22
A.
Yes.
22
23
Q.
And what do you recall the police asking you?
23
other piece of discovery in this case, and just produce
A.
I remember it being vague, just about do you know
24
them to a party who's directly adverse to it, why would
25
that happen?
24
25
how that stuff got out there.

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1
2
3
4
5
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A. I don't know.
Q. Do you know how the police investigation
concluded?
A.
Q.
No.
Do you know if Colley Billie told them to stop

investigating?
A. I don't know.
Q. But it sounds like somebody took those checks
without permission and didn't have authority to release
them because the police were investigating; right?
A.
It sounds weird.
Q.
And somehow they ended up in the hands of a

lawyer representing a person adverse to the Tribe who
happens to be a friend of Bernie Roman -- that's weird,
right?
A.
Yes.
MR. CALLI: Right. I just have

two minutes -- I don't have any other
questions, Ms. Goldenberg. I don't have any
other questions. Thank you.
THE WITNESS: You're welcome.
MR. LOPEZ: Before the tribe's lawyer
begins questioning I'm going to lay, for the
record, that I have some genuine concerns
about the questioning that's going to take
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place due to the fact there's been some

serious allegations made about Mr. Roman, his
involvement, being a potential witness, yet
representing the Tribe at the same time. I'm
going to ask that if Mr. Roman is going to be
the person asking questions, that after the
questioning he be placed under oath and allow
Ms. Goldenberg's attorney to question him,
and because he's obviously at this stage a
witness to this case inasmuch as he is the
attorney representing this matter before both
the federal court and as it relates to this
deposition in the circuit court in Miami-Dade
County.
MR. CALLI: Do you want to wait and let
him get criminal counsel or do you just want
to go forward?
MR. LOPEZ: I want to give him the
opportunity if he wants -- If he wants to
consult -- two things. One, if he wants to
consult with his client and see if it's okay
for him to continue to represent their
interest when he has been -- its been allege
that he is a material witness in this case
and there's been some allegations made of
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potential misconduct. I want to give him
that opportunity and/or I want him to be
placed under oath and allow Ms. Goldenberg's
attorneys to question him under those two -those are just my genuine concerns and my
objection to his questioning the witness.
MR. ROMAN: Okay. As to your first
concern, I have already fully checked with my
client as it was anticipated that what has
transpired here today had already been
planned. As to number two -MR. CALLI: I'm going to object to
"planned".
MR. ROMAN: As to number two -MR. CALLI: It's a little ironic that he
would use the word "planned".
MR. ROMAN: I have a right, on behalf of
my client, to question now Ms. Goldenberg,
and I intend to do so and I will assume full
responsibility for it. Does that answer your
second concern?
MR. LOPEZ: That's it.
MR. SCHEINBERG: Before you start
questioning, can I just suggest, with all due
respect, that based on the testimony thus
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far, Mr. Roman, you, if not are a direct

witness, you are potentially a witness in the
case, and potentially have a conflict with
the Tribe.
I respectfully suggest that we recess to
allow the Bar to give an opinion regarding
you moving forward with your questioning, and
that actually enures to the benefit of your
client, if the Tribe is still your client,
when you conduct the questioning.
So at the very least, I suggest we
recess to get an opinion from the Bar.
MR. ROMAN: I am -- are you done?
MR. SCHEINBERG: Yes.
MR. ROMAN: I think that your suggestion
is -- it's very well taken. It's very
thoughtful of you, and as a friend and member
of the Bar, I thank you for it. I don't
think that it is necessary. And I, once
again, will assume full responsibility for
proceeding to question your client. And any
matters informing the Florida Bar, I am sure
that Mr. Calli, who's in one of the grievance
committees, will be more than happy to
participate if necessary
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MR. CALLI: I would never participate in
a Bar proceeding that involves you, because
which you are under subpoena here today?
A.
Yes.
that would be a conflict of interest, and so
Q.
Which is that case?
I take exception to your suggestion of
A.
Tribe versus Lewis Tein.
otherwise; you and I have absolutely nothing
Q.
You were asked -- you have been asked by attorney
in common when it comes to the -- our
for -- by the attorney for Lewis and Tein several
character or ethics.
questions regarding former Chairman Billy Cypress; are you
8
9
MR. SCHEINBERG: My point, Mr. Roman,

was simply to suggest, with all due respect,
under the -- is it your belief or understanding that Billy
Cypress is part of this case?
10
that you explore the matters that I mentioned
10
A.
I don't know.
11
before you go forward and move forward with
11
Q.
Is it your belief that this case is about Jimmie
12
your questioning. But as you -- as you say,
12
13
you do it at your own peril or with your own
13
A.
He's involved.
14
responsibility.
14
Q.
How is he involved?
15
A.
Because were talking about the payments to Lewis
15
It appears to me that you're a witness,
Bert?
16
especially in light of the affidavit that I
16
17
just learned about today and the records that
17
18
sit before this witness. I suggest we
18
Tein for their representation of Jimmie Bert and/or Tammy
19
recess, but if you don't want to do that,
19
Billie has anything to do with this case?
20
that's your call.
20
A.
Yes.
21
Q.
How?
21
MR. ROMAN: Thank you. I'm sorry, I have
and Tein on behalf of Tammy and Jimmie.

Q.
Is it your belief that the payments to Lewis and
22
not learned your name yet, even though it's
22
A.
How?
23
on the record.
23
Q.
Yes.
A.
I believe you're saying that they're not loans
24
25
MR. SCHEINBERG: Howard Scheinberg.
24
MR. ROMAN: Okay, thank you.
25
and that you're saying they are lying by saying that they
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CROSS EXAMINATION
Q.
are.
BY MR. ROMAN:
Ms. Goldenberg, how long did you work with --
Q.
So do you -- is it your belief that whether the
payments to Lewis -- to Lewis and Tein are loans or not,
in their representation of Jimmie Bert and Tammy Billie,
A.
From 1992 to 2010.
is part of this case?
Q.
How long did you work alongside Miguel Hernandez?
A.
Yes.
A.
From 1992 until later in 2010.
Q.
Okay.
Q.
And how long did you -- were you employed under
alongside Julio Martinez?
the leadership of former Chairman Billy Cypress?
Now, is it your belief that the outcome -- the

determination of whether payments by the Miccosukee Tribe
From 1992 -- did I say '92 before or 2002?
10
11
MR. REYES: You said '92.
11
or not loans is an issue in this case that you have been
12
THE WITNESS: Okay. So '92 until the
12
subpoenaed for?
10
13
14
15
A.
13
beginning of 2010.
background as it relates to the -- to your employment with
16
17
the Miccosukee Tribe during these years?
17
19
20
21
A.
My -- I have a Bachelor's Degree in Accounting
and I have Master's Degree in Taxation.

Q.
Can you read that back?
15
Can you describe for us your educational
16
18
MR. SCHEINBERG: Can you rephrase that?
14
BY MR. ROMAN:
Q.
to Lewis and Tein, whether they were in the form of a loan
(Thereupon, the question was read back

by the reporter as above recorded.)
MR. SCHEINBERG: Do you understand the
18
question?
19
THE WITNESS: Not the beginning part of
20
And where is your Master's Degree in Taxation
from, what institution?
the question.
21
MR. ROMAN: Let me --
22
A.
University of Miami.
22
THE WITNESS: The outcome or
23
Q.
When did you obtain your Master's in Taxation?
23
determination of whether they're loans -- I
24
A.
1991.
24
25
Q.
Are you aware of what is the case that under
25
don't.
BY MR. ROMAN:

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117
Q.
Anything
Let me rephrase this. Do you believe that
on the attorney-client privilege.
deciding whether these payments were loans or not loans is
that she did was related with any
an issue in this case?
conversation that her and I had as her
A.
Yes.
attorney. And so, other than anything you
Q.
Do you believe that this is what this case is
and I discuss, or anything you told me, is
about?
there anything else you did with regard to
these allegations? Whatever it was that
7
8
MR. LOPEZ: I'm going to object. It

calls for speculation.
MR. ROMAN: You may answer.
10
11
12
related to me, Mr. Reyes or Mr. Scheinberg,
you don't have to answer under
10
THE WITNESS: I don't know that its the
attorney-client privilege.
11
only thing the case is about.

BY MR. ROMAN:
I think -- Mr. Roman, I don't want to
12
misquote or mischaracterize your question.
13
14
Q.
What else do you think this case is about?
13
You're asking anything other than what she
A.
I don't know.
14
told me and her attorneys in -- related to
15
Q.
Are you saying that you came to this deposition
15
this case, did you do or say anything?
16
17
18
19
20
21
16
today without knowing what the case is about?
A.
determined that what was being said about
18
them not being loans was not true. But that,
What are the details that you know about this
19
I think, was said sometime ago, so I -- I
20
have had conversations with various people
That the Tribe paid Lewis and Tein for Tammy's
21
about that.
case.
Q.
case?
A.
22
and Jimmie's legal fees as a loan and that I believe what
22
23
you're saying is that it was not a loan.
23
24
Q.
25
THE WITNESS: Well, he's saying when I
17
I'm saying I don't know all the details of the
Okay.
24
You were asked by the attorney for Lewis and Tein
25
BY MR. ROMAN:
Q.
Okay. All right.

Did you come to the conclusion, before you were
represented by the three attorneys that are in the room

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that the allegation by the Tribe in their lawsuit are not
now on your behalf, that these allegations that these were
true, do you remember that question?
not loans was not true?
A.
Not the specific question, no.
Q.
Okay.
Do you believe that those allegations are true or
5
6
not?
A.
Yes.
Q.
And when was that?
A.
I don't remember exactly when.
Q.
When you first learned that these allegations by
A.
Allegations of what?
the Miccosukee Tribe, that these were not loans, what did
Q.
The allegations in the Complaint.
you do?
A.
Specifically?
10
Q.
The allegations that these are not loans.
10
11
A.
Yes, I do not think that is true.
11
12
Q.
And when did you become aware that these
12
13
14
15
16
17
13
allegations in the lawsuit were not true?
A.
I guess at the time that I heard that that was
being alleged.
Q.
MR. LOPEZ: Who did you speak to? Did

you tell anyone?
MR. ROMAN: That's not my question.
That's not my question. My question is what
did you do. Not who you spoke to. What did
15
you do.
17
alleged?
I think you already asked that.
14
16
And when did you hear that that was being
A.
THE WITNESS: I don't know how to answer

that question.
18
A.
I don't remember.
18
MR. LOPEZ: Ask a specific question.
19
20
Q.
What did you do when you learned of these
19
What did you do? Did you jump? Did you run?
20
Did you cry? Did you scream, "Oh my God, I

can't believe this." I mean, ask a specific
allegations with your knowledge that they were not true?
21
MR. SCHEINBERG: That calls for --
21
22
THE WITNESS: What did I do?
22
question. "What did you do?" That is so
23
MR. ROMAN: Yes.
23
vague and so -- that asks for a narrative
MR. LOPEZ: Can you be specific? Ask a
24
for -- for -- what did she do when? At what
25
time? Exactly when did she hear the
24
25
specific question. I'm going to object also

02/03/2013 06:30:03 PM

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question. When she knew? When she found
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out? Just ask a specific question. She
2
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doesn't know what you're trying to ask her.

BY MR. ROMAN:
Q.
Ms. Goldenberg, before retaining the three
Q.
Is the Chairman's office located on the same
floor as when Billy Cypress was the Chairman?
A.
Yes.
Q.
Now?
A.
In that building, yes.
Q.
Okay.
We were all in the same floor -- in the old
attorneys that are here in the room on your behalf today,
sometime before that you came to terms with the fact that
A.
the allegations that these were not loans was not true;
building.
correct?
Q.
And when was that?
10
A.
Yes.
10
A.
Prior to 2004, I believe.
11
Q.
When you came to terms with that realization, "Oh
11
Q.
What are the years that this lawsuit covers?
my God, the Tribe is out there saying that these are not
12
A.
I don't know.
13
loans and these are loans," when you realized that, what
13
Q.
When was Colley Billie elected Chairman?
14
did you do next?
14
A.
At the end of 2009.
15
Q.
When did Colley Billie take office as the new
12
15
A.
I don't remember because I don't remember the
16
exact moment when I realized that you were alleging that
16
17
they were not loans. That wasn't something that just
17
A.
At the beginning of 2010.
18
happened. I think it has been for sometime now that
18
Q.
Now, we have marked -- I'm sorry. Your attorney
19
that's been going around that you're saying that it's a
19
20
lie that these are loans. I don't think that was just
20
Lewis Tein's attorney has marked as an exhibit a loan for
21
recently. That was sometime ago. So what I did the
21
the former Chairman Billy Cypress, and I believe this is
22
moment that I realized that you were alleging something
22
Exhibit 2, correct?
23
and going forward with legal stuff in regards to something
23
A.
Uh-huh. Yes.
24
that was not correct, I don't remember exactly what I did.
24
Q.
And you have stated that you prepared that list;
25
I know I was not happy about it.
25
Chairman of the Tribe?
has marked as an exhibit -- not your attorney, I'm sorry.
correct?
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Q.
Now, you mentioned Mr. Jerry Cypress, the
Treasurer; correct?
A.
Correct.
Q.
Who asked you to prepare that list?
A.
That would have been my supervisor at the time,
A.
Yes.
Q.
Okay.
Is Mr. Jerry Cypress related to Billy Cypress?
Yes.
6
7
8
9
A.
Julio Martinez.
Q.
Okay.
Did you provide Mr. Billy Cypress a copy of that
Q.
What is the relationship?
A.
They're brothers.
A.
No.
Q.
Okay.
Q.
Okay.
Now, is Jerry Cypress your immediate supervisor?
9
10
10
list after 2010?
When did you prepare that list?
11
A.
No.
11
A.
This version of it?
12
Q.
Who is your immediate supervisor?
12
Q.
Yes.
13
A.
Byron Heslop -- well, was.
13
A.
October 25th, 2012.
Q.
Okay.
14
Q.
Who else -- who was Byron Heslop's supervisor?
14
15
A.
The Business Council.
15
16
Q.
Where is the Treasurer, Jerry Cypress' office
16
present it in his case before the Internal Revenue
17
Service?
17
18
19
located?
A.
On the third floor of the finance -- of the
administration building.
Did you prepare that list for Billy Cypress to
18
A.
No. You requested this list.
19
Q.
Okay.
20
So did you prepare that list for this case?
20
Q.
And where was your office located?
21
A.
On the same floor, in the finance department.
21
22
Q.
Would that be on the same third floor?
22
23
A.
I just said that, yes.
23
Q.
Who was requesting a lot of documents from you?
24
Q.
Where is the Chairman's office located?
24
A.
You.
25
A.
On the fourth floor of the same building.
25
Q.
Did I ever request a document from you to be used
A.

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I wouldn't have been told what case it was for.
I'm requested -- a lot of documents are requested from me.

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in pending cases?
A. I don't -- I don't know what cases you were
Q.
7
8
9
Did I ever request documents for you for purposes
of discovery?
MR. SCHEINBERG: You're asking her to

testify as to what your intentions were?
BY MR. ROMAN:
Q.
Q.
A. Was created in 10/25/12. The document was not
Yes.
3 started at that time. That's when this version of it was
3 asking documents for. You would just request them.

4
Did you ever receive an E-Mail with copies of
4 completed.
5
Q.
A. I don't remember.
Q.
A. Yes.
Q.
10
subpoenas requesting documents while I asked you to put
10
11
them together?
11
When was the document started?

Did you started that document?
Now, when that document started can you tell us
what year and what amount did that document start with?
A. Say again.
Q.
When you first -- when you made the first entry
12
A. Yes.
12
13
Q.
13
on that document.
14
Did you receive an E-Mail from Jerry Cypress
telling you not to release any documents to me?
15
A. No.
16
Q.
Is it your testimony under oath that Jerry
14
A. Uh huh.
15
Q.
16
A. I already told you, I don't remember.
Q.
When was that?

Can you please look at the document that you have
17
Cypress never sent you an E-Mail, and to your supervisor
17
18
Byron Heslop, stating not to provide documents to me?
18
in front of you.
19
A. Yes.
19
A. Yes.
20
Q.
20
Q.
21
A. Yes.
22
Q.
Do you understand my question?
The first entry on that document, what year was
21
Just to be clear, it is your testimony that Jerry
22
Okay.
it?
A. What year is -- what year is the transaction, the
Cypress never sent you an E-Mail telling you not to
23
24
release any documents to Bernie Roman at the legal
24 first transaction did it take place or what year did I
25
department?
25 make the first entry on the document?
23
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A.
Q.
Jerry Cypress doesn't have E Mail.
Q.
Did you receive an E-Mail from Jerry Cypress'
A. The dates indicate the date of the transaction.
Q.
Okay.
Okay. Let's look at the date of the transaction,
secretary where they informed you that Jerry Cypress was
instructing you not to release any document to me?
okay. What is the date of the first transaction in that

document?
A. No.
Q.
A. Didi Kelly and Barbara Rodriguez.
7 Three o six. Something o six. I'm not sure.
Q.
Q. O six?
A. On the third floor of the administration
A. It's blurry. I'm not sure.
Who is Jerry Cypress' secretary?

Where are their offices?
A. It's blurry, but think it's -- I don't know.
Q.
10
10 building.
I'm sorry. When you say three o six, would three
11
Q.
12
A. It's on the other side of the floor.
12
13
Q.
13
Q.
14
A. Yes.
14
How close is their office to yours?

How close was Julio Martinez' office when he was
at the Tribe?
11
be the month?
A. Yes.
Would six be the year?
15
A. Two doors down from mine.
15
Q.
16
Q.
16
A. Sixty-three thousand eighty-two dollars
17
And how close was Julio -- I'm sorry, was Mike
17 twenty-seven cents.
Hernandez' office when you worked at the Tribe?
18
A. It was across the building -- across the floor.
18
19
Q.
19
20
21
22
23
24
That exhibit regarding the loan to Billy Cypress
that you have, I believe as Exhibit 2.

A. Uh huh.
-
Q.
And what is the amount?
When was that list -- that document first
created?
A. The document in this state with the balance as of
Q.
Okay.
The second entry -- I'm sorry. The sixty-three
20
thousand and something that you just said, what does that
21
mean?
22
A. That's an amount.
23
Q.
24
A. The amount of the check that it is on the same
What does that amount mean?
25 line with.
25 10/25/12?
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Q.
Okay.
Q.
What else?
When you said the amount of the check, what does
A.
Eighty-three dollars and sixty-two cents.
Q.
Okay.
that mean?
A.
Checks have amounts.
Q.
Okay.
a check on behalf of Billy Cypress for one hundred and
Does that mean that there was checks issued on
fifty-one thousand zero eight three point sixty-two,

according to that check?
6
7
behalf of Billy Cypress for sixty-three thousand some odd
dollars to somebody?
Now, does that mean that the Tribe paid -- issued
A.
Well, as I said, that's not necessarily the
amount of the check. That would be the amount for that
And, actually, let me correct that. That would
10
be the amount on that check for that case because the
10
11
check can have more than one case on them. So that check
11
12
could be that amount, or it could be bigger than that
12
is the last transaction date that you have on that sheet
13
amount, but that amount indicates how much of that check
13
that you prepared?
14
was for that case.
14
A.
I guess it would be August of '09.
15
Q.
Now -- and what is the amount of the check in
15
A.
Q.
Okay.
16
And would it fair to say that according to that
16
17
document that you prepared, that you have in front of you,
17
18
that was a payment from the Miccosukee Tribe on behalf of
18
19
Billy Cypress?
19
case included in that check.

Q.
Now, let's look all the way to the bottom. What
August of 09?
A.
One hundred and seventy-five dollars and
something cents -- I can't read.

Q.
You said you had updated this in October 2012;
20
A.
Yes.
20
21
Q.
Okay.
21
A.
Correct.
When was the second entry made?
22
Q.
Before October of 2012 what is the last
22
23
A.
Again, its the same question you already asked.
23
24
Q.
You're totally right. I'm sorry. When was the
24
second transaction -- what does the second transaction
25
25
correct?
transaction that you have in this loan that you prepared?

A.
I just answered that. Its the last transaction
on there. Is that not what you're asking? What are you
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there says? When was the second transaction on that
paper?
A.
What is the date of the second transaction on
asking?
Q.
this paper?
What date was the last transaction that appears
in that document that you created?

A.
What is the date of the last transaction on this
document?
Q.
Yes.
A.
It's blurry, but it looks about the same.
Q.
Yes.
Q.
And --
A.
August of '09.
A.
It's just the month. Its not an exact date.
Q.
Are there any transactions after August of '09 in
7
8
9
10
It's a month. Its either February or March of '06.
this document?
10
It's hard to read.
A.
I don't think so, unless I've missed one.
Q.
Now, just to be clear how this specific loan to
11
Q.
And what is the amount?
11
12
A.
A thousand dollars.
12
Billy Cypress worked. You would put a first transaction
13
Q.
Let's jump all the way to the first transaction
13
in and then you will keep updating it as the transactions

were made; correct?
14
in 2007, the first one that you find there. When was that
14
15
first transaction?
15
A.
Not necessarily.
16
Q.
Okay.
16
A.
Well, these are not all in chronological order.
Who will update this loan to Billy Cypress?
These are in order of -- let me see -- check number, I
17
18
believe. So in order for me to determine which was the
18
19
first from 2007, I have to go through them. I guess -- I
19
necessarily -- had an entry done each time a transaction
20
guess it would be the one that's January '07.
20
took place. At a certain point I would be asked for an
17
A.
This schedule was done by me, was not
21
Q.
And what was the amount of the check?
21
updated schedule, and at that point I would go and bring
22
A.
January of '07. One hundred fifty-one o
22
it up-to-date.
23
23
ninety-three sixty-two.
24
Q.
Is that 151,000?
24
25
A.
Yes.
25
Okay.
A.
When?
Who would ask you for an updated schedule?

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Q.
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Q.
A.
Who?
Q.
Okay.
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Because you asked for this one.
Did anyone before me would ask you for updated

schedules of this loan that you prepared?
A.
No.
Q.
Why not?
A.
Why not? I just didn't.
Q.
Let me get this straight: You have a co-worker
of 20 years gets fired, you don't ask why he was fired?
A.
My bosses would have been Julio or Mike.
A.
Ask Mike? Who would I ask?
Q.
Did Billy Cypress ever ask you to update this
7
8
9
Q.
Did you ask Mike?
schedule?
A.
I don't recall. I don't think so. Normally, if
10
he wanted something from us, it would go through my boss
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or supervisor.
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Q.
A.
Q.
A.
Q.
And who would be your boss or supervisor?

Who I just told you, Julio or Mark.
Would that be Julio Martinez and Mike Hernandez?
Correct.
During the 20 years or 21 years that you have
described that you were at the Tribe, did your supervisors

were ever anyone other than Julio Martinez or Mike
Hernandez or both?
A.
Yes.
Q.
A.
Who?
Yousef Dalal, Y-o-u-s-e-f D-a-I-a-I; Hose
Tercilla, H-o-s-e T-e-r-c-i-l-l-a; Byron Heslop, B-y-r-o-n

H-e-s-l-o-p.
Q.
How long was Byron Heslop your supervisor?
MR. LOPEZ: I'm going to object. It's

been and asked. She didn't ask him. Doesn't
matter why she didn't ask him.
MR. ROMAN: You may answer. Why didn't
you ask Mike Hernandez about why he was
fired?
THE WITNESS: I don't have the specific
answer for that, I mean.
BY MR. ROMAN:
Q.
When Mike Hernandez was fired, did you ask anyone
why he was fired?

A.
No.
Q.
Do you know why was Mike Hernandez fired?
A.
No.
Q.
When Mike Hernandez was fired, were you concerned
why he was fired?
A.
Q.
Yes.
Why were you concerned?
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A.
Between two and three months.
2
3
4
5
6
7
8
9
Q.
How long was Yousef Dalal your supervisor?
A.
I think a year and a half.
Q.
Q.
And how long was Hose Tercilla your supervisor?
A.
They fired the director.
A.
I think a year. I don't remember exactly. Maybe
Q.
Were you also concerned when Julio Martinez was
10
11
12
13
14
15
16
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18
less.
Q.
A.
When did Yousef Dalai become your supervisor?
A.
Because I didn't know what was going to happen in
the finance department.
fired?
A.
Yes.
Q.
Why were you concerned?
A.
When your bosses get fired, it's unsettling.
Q.
Was it also unsettling when Yousef Dalal was
A.
Before Mike was fired?
Q.
A.
Yes.
8
9
10
11
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13
No.
14
A.
About why he resigned?
Q.
Before Mike was fired, was Julio Martinez your
Q.
Yes.
A.
No.
Q.
Do you know why he resigned?
A.
No.
Q.
Now, you were asked whether -- about an incident
At the beginning of 2000 -- no. When Mike was
fired. I don't remember the exact date. It was in 2010.
Q.
Before Mike was fired in 2010, was Hose Tercilla
your immediate supervisor?
fired?
A.
Yeah, but he resigned.
Q.
Were you concerned about why he resigned?
A.
Yes. Before Julio was fired, yes.
Q.
And who was fired first, Julio or Mike?
19
A.
Julio.
20
21
22
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24
25
Q.
Do you know why Julio was fired?
A.
No.
Q.
How long did you work with Julio Martinez?
A.
You already asked that.
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18
19
20
21
22
23
Q.
I'm sorry. When Julio Martinez was fired, did
24
happened. You mentioned something about checks, or
25
something like that. What happened?
immediate supervisor?
you ask me why he had been fired?
that happened back in 2010 in which you said you were

suspended; correct?

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A.
Correct.
Q.
Can you give us details, exact details of what

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137
A.
Its long.
Q.
We have time.
is -- was at the time, the sister of former Chairman Billy
A.
Cypress?
Q.
Were you also aware that Linda Cypress was, or
A Tribal member -- a community member came in
with a check payable to an insurance company that was to
A.
Yes.
pay the insurance for her son. She told me that she
Q.
Now, Linda Cypress comes to you with a check;
needed the check voided and made payable to her son; that
he had to cash the check and go take care of this in
A.
Uh-huh.
person, something to that effect. I did what she asked.
Q.
Now, the check is not named -- issued to Linda
That -- I didn't think much more of it after that.
correct?
Cypress; correct?
10
Sometime after that, a Tribal member came in and asked me
10
A.
11
about a check made payable for some insurance that the
11
Q.
Yes.
Who was the check made to?
12
insurance company never received. So I told her let me
12
A.
Some insurance company.
13
look it up. I looked. The checked had not cleared. And
13
Q.
So Linda Cypress says to you, "I want you to void
14
then when I went to search for backup documentation, I
14
this check and give a check from the Miccosukee Tribe to
15
realized which check it was, so I explained to her what
15
me."
16
had happened. And she told me she wasn't the person --
16
A.
No. Payable to her son.
17
the person who brought the check in was not allowed to do
17
Q.
Okay.
18
what she had done.
18
So Linda Cypress comes to you with a check and
19
I, of course, didn't know that, but she was very
19
20
upset because -- I guess she had given the check to that
20
A.
Yes.
21
person and then that person didn't do what they were
21
Q.
And the check clearly said this check is for an
insurance company and this is the name of the insurance

company?
says, "I have a check for an insurance company," correct?
supposed to do with the check. So she, at that point, got
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23
upset and I suppose went and complained: Why did finance
23
24
void this check and make a new check.
24
A.
25
an amount.
22
25
Q.
Let me see if I understand, and you were correct,
It was a check that says payable to, and it has
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its a long explanation, but let me understand this. When
you say community member it means that's it not a member
of the Miccosukee Tribe; correct?
Q.
And it has -- when it says payable, it says X
insurance company, whatever name it was?
A.
Correct.
Q.
And it had an amount, like you said?
happen to know because I know that. For the 90 percent of
A.
Correct.
the people who are there, they're not going to know if
Q.
So Linda Cypress came to you and says what? What
somebody is a Miccosukee or a Seminole. They know that
they are community members and we have not been instructed
A.
to treat anybody differently with regard to that. Most
to her son.
A.
Because it's a Seminole member, which I just
10
people would not even know if somebody necessarily was or
did she ask you to do with the check?
10
Q.
She said it needs to be voided and made payable
So what did you do?
11
wasn't a Miccosukee Tribal member, a Seminole Tribal, an
11
A.
I accommodated her.
12
independent, so on. There are different classes of
12
Q.
13
Indians that are part of that community and you may or may
13
A.
I voided the check, made a new check payable to
14
not know. And they switch sometimes.
15
16
Q.
14
her son.
15
Wasn't the person that came with that check Linda
16
Cypress?
Q.
Then she left with a new check made payable to
her son and who cashed the check?
17
A.
Yes.
17
A.
I don't know.
18
Q.
Okay.
18
Q.
Was the check cashed at Miccosukee?
Didn't Linda Cypress work at the Miccosukee
19
A.
I think so.
19
20
Gaming Agency on the second floor of the new building for
20
Q.
How long were you suspended for this?
21
several years?
21
A.
A week.
22
A.
Yes.
22
Q.
Do you feel that this was done because of
23
Q.
Were you aware that Linda Cypress was a member of
23
24
25
the Seminole Tribe?
A.
Yes.
politics?
24
A.
Yes.
25
Q.
Why?

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Because it was Billy's sister. And I was told
handled by the Tribe and I would not have had knowledge
that the Chairman wanted to send a message that, you know,
because they would have handled it amongst themselves.
A.
10
means the check was given to her, so she had control of
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that check. If she wasn't to be trusted with that check,
11
why would anybody give her the check?
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this was not okay.
Q.
Do you think that doing what you did with this
check its okay?
A.
Well, like I explained before, at that time we
were -- had always been instructed to accommodate

communicate members when they came in and asked us for
things. The fact that she had possession of the check
And going back to what I had already said, when

one Tribal member, it would turn out, would do something
wrong to another Tribal member, like in this case, she
took her own authority to do something with this check
that she wasn't supposed to do, because it was another
Tribal member who had the authority to do that; that those
types of things would be handled by the -- by the Tribal
administration, by Tribal members because they did not
want Non-Tribal members getting involved in issues between
Tribal members. They would handle it amongst themselves.
They did not want us policing Tribal members, asking
people to prove things, asking for ID, that's how it
always was up until that point.
Q.
Okay.
Are you saying that if this incident that you
have described for which you were suspended would have

happened not in 2010, but before, the year before, or the
year before, or the year before, it would have been
different?
A.
Q.
Correct.
Now, isn't it true that after this incident you
were allowed to come back to work?

A.
Yes.
Q.
And isn't it true that you were let go because of
this incident, or suspended, or whatever term you want to

use -- let's use suspended, that you were suspended?
A.
It was suspended.
Q.
And you were suspended under the administration
of Colley Billie, the new Chairman; correct?

A.
Correct.
Q.
And it was the same Chairman, Colley Billie who
allowed you to come back after suspension; correct?

A.
Correct.
Q.
Okay.
Can you agree with me that in 2010 Chairman
Colley Billie had the authority to basically say to you

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Q.
When you said up -- when you said that that was
the way it was back then?
A.
Q.
A.
Yep.
Q.
A.
Up to 2010?
What do you mean back then?
I said up until that point.

Yeah. Up until that incident. That's when I
became aware that things were now different. At that

point we were still no longer allowed to ask Tribal
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5
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7
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9
10
members any questions or to make it inconvenient for them,
10
11
we just had to run the risk of being responsible if one of
11
12
them was going to do something to somebody else, whereas
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before if that happened it was handle amongst themselves.
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Q.
Does that mean that before this incident in 2010
there would have been -- this was common practice, is that

what you're saying?
A.
Q.
A.
What was common practice?

What you did that day for Linda Cypress.
That specific thing? Somebody coming in with a
check that they wanted to change to make payable to

somebody else but didn't really have the authority over
that check?
Q.
A.
Yes.
I don't know. Because if it was determined that
something like that happened before, it would have been
don't come back?

I guess so, yeah.
Q.
And isn't it also true that in 2010 Colley Billie
basically had the authority to say to you, "I'm not going

to suspend you. I'm just going to fire you."
A.
I guess. I don't know exactly what he has the
authority to do or not do. That's not up to me.
Q.
Are you saying that after 20 years with the Tribe
you do not know what authority the Chairman of the Tribe

has?
A.
Everything that he's authorized to do either on
his own or needing other councilmen, correct.

Q.
Now, you continued to work for the Miccosukee
Tribe during the year 2010; correct?

A.
Yes.
Q.
Miguel Hernandez was fired; correct?
A.
Correct.
Q.
A.
Q.
You continued to work there?

Correct.
Miguel Hernandez was fired, you continued to work
there?
A.
Q.
Yeah. You just said that.

Oh, I'm sorry. Julio Martinez was fired, you
continued to work there?
A.
Uh-huh.
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1
Q.
Correct?
about every relevant matter that has nothing
A.
Yes.
to do with the issues here, the purposes of
Now, Mr. Heslop was fired, you continued to work
Q.
there?
A.
Q.
6
7
this deposition, just for the record.
Anything to do with salary cuts, anything to
Resigned, yes.
do with what happened 20 years ago that has
Are you 100 percent sure, as you sit here today,
no bearing on this case, I'm going to object
on relevance grounds. That's it.
that Yousef Dalai resigned?
A.
Yes.
Q.
Would it be fair to say that you don't know the
Q.
Was your salary cut?
BY MR. ROMAN:
10
A.
Yes.
11
A.
Correct.
11
Q.
How much?
12
Q.
Now 2011, the year 2011, you continued to work
12
A.
Like $15,000, I believe.
Q.
Isn't it true that your salary was cut much less
10
13
reasons for his resignation?
13
for the Miccosukee Tribe; correct?
14
A.
Yes.
14
15
Q.
Okay.
15
A.
No. Much less than some. Much more than others.
And in 2012 until recently you continued to work
16
Q.
Within the same finance department?
17
A.
Correct.
18
Q.
Would it be fair to say that you are aware of
16
17
18
for the Miccosukee Tribe; correct?

A.
Yes.
Q.
Now, did there come a time under when Yousef
than other employees?
19
what the percentage of the cuts were for the members of
20
Heslop became the Director of Finance that the finance
20
the -- for the employees of the finance department?
21
department implemented very severe salary adjustments?
21
A.
I don't have it memorized, no.
Q.
But would you have been aware at the time that
19
22
23
24
25
A.
There were salary adjustments made, yes.
22
Q.
Isn't it true that the majority of employees,
23
their salaries were drastically reduced?

A.
No.
the cuts were made?
24
A.
I -- yes. Uh-huh. Probably.
25
Q.
Now, when you began to create the schedule of
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Okay.
loans for Billy Cypress, who were the members of the
They were not reduced?
Business Council? I believe the first registry is 2006,
Not the majority -- the majority of employees
is that -- if you can look at the document.
were not drastically reduced. I believe the majority of
A.
employees only had the $2 taken away from them. There
that time?
were some other employees that were more drastically
Q.
Yes.
reduced.
A.
I think it was Billy, Max, Jasper, Andrew and
Q.
A.
Q.
7
8
And isn't it also true that there were also pay
William, I think. I could be wrong, but I think.
cuts for employees?
Who were the members of the Business Council at
Q.
Now, in 2006, Billy Cypress was Chairman;
10
A.
That's the same thing.
10
11
Q.
In addition to the $2?
11
A.
12
A.
Yes.
12
Q.
In 2007, Billy Cypress was the Chairman; correct?
Okay.
13
A.
Yes.
13
Q.
14
15
16
17
18
Let me get this straight. The $2 were cut;

correct?
correct?
Yes.
14
Q.
In 2008, Billy Cypress was the Chairman; correct?
15
A.
He was Chairman until the end of 2009.
A.
Yes.
16
Q.
In 2009, he was also the Chairman?
Q.
And then there were other further cuts after
17
A.
That's what I said.
18
Q.
So would it be fair to say that all of these
that; correct?
19
A.
Yes.
19
schedule of loans that you have in front of you as
20
Q.
And in your role as, in the finance department,
20
Exhibit 2 were created while Billy Cypress was the

Chairman of the Miccosukee Tribe?
21
what was the percentage of the cuts for the employees,
21
22
10 percent, 20 percent?
22
23
A.
24
25
A.
23
transactions took place during that time. As I told you,
MR. LOPEZ: For the record, I'm going to
24
when the schedule was created or updated could have taken
25
place at any time. And that last date on there is when
object to the entire line of questioning

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No, what would be safe to say that all of the
They were all the same.

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this updated version was done, and that was requested by
you, and, obviously, Billy was no longer there at that
time.
Billy. He's -- his money that's being paid is going
towards another one before this one. That's why this one
doesn't show any reductions on it.
So I don't remember what entries were added to it
cents?
A.
Okay. There's more than one receivable for
at that time, or if it was already at this balance at that
time. I don't remember when I updated it if I actually
had to add anything, or if I just had to check to see if
to this schedule that you prepared for Billy Cypress,
there was anything I had to add.
there have been no payments from Billy Cypress back to the
Miccosukee Tribe under this schedule that you prepared?
9
10
Q.
Now that you mention the balance, what is the
10
total balance on this schedule loan?
11
11
A.
On this schedule?
12
Q.
Yes.
13
A.
One million seven eighty three two thirty one o
14
15
A.
Now, what was the total that was issued in Tribal
Now, can you agree with us here, that according
There are no payments shown on that schedule,
correct.
12
-
six, and I could reading some of it wrong.

Q.
Q.
Q.
And the reason you just stated is because Billy
13
Cypress owes more money someplace else and then there is
14
another schedule of payments for him in addition to this
15
one that you have as Exhibit 2?
16
checks on this schedule of payments? How much was paid on
16
17
behalf of Billy Cypress on this schedule of payments that
17
18
you prepared?
18
A.
Right. His payments are being applied against
another receivable first.

Q.
Did you also create another receivable for Billy
19
A.
That amount.
19
20
Q.
One million seven hundred and eighty-three
20
A.
You mean another schedule?
21
Q.
I'm sorry.
21
thousand two hundred and thirty-one and o six?
Cypress?
22
A.
Yes.
22
A.
Yes.
23
Q.
Okay.
23
Q.
Another schedule. And does that schedule have to
And were the period of these transactions -- to
24
24
25
do with his alleged credit card debt?
25
use your word --
A.
Yes.
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A.
To be correct.
Q.
Q.
-- occurred from 2006 until what year?
as Exhibit 1.
Now, I'm going to show you what I'm going to mark
I'm going to ask you whether that is --
A.
The dates of the transactions?
Q.
Yes.
MR. CALLI: Plaintiff's Exhibit 1 or you
A.
They --
want to pick up and make it number -- you
Q.
Just tell us the year that they start.
could put it in as yours, maybe make it MT-A
A.
Some of these numbers are unclear, so I'm
or Plaintiffs A?
7
8
9
10
thinking its 2006. Some of them look like they could be
You want a sticker?
fives, but I believe it's 2006 and it ends in 2009.
MS. PINO: No, I have one.
Q.
11
12
13
14
15
Okay.
10
Are these all transactions, all of these
11
12
transactions, are they for payments of legal fees?
A.
Are all of these transactions for payment of
16
MS. PINO: We're going to call it
13
Exhibit 1.
14
legal fees? No.

Q.
MR. ROMAN: And if you can please give it

to Mr. Lopez to review.
Okay.
15
What are they for?
16
They're fees for things in the case of Billy's
MR. ROMAN: Yes, that will be

Plaintiff's Exhibit 1.
17
A.
17
subsequently marked as Plaintiff's Exhibit
18
accident.
18
No. 1 for Identification.)
19
Q.
Are they all related to legal cases involving
19
Billy Cypress during those years that you described?
20
at that receivable, which we have marked as
I believe so -- the accident, the traffic
21
Plaintiff Exhibit 1.
20
21
A.
22
accident.
22
Q.
23
23
How much has Billy Cypress paid back the Tribe
MR. ROMAN: Can you please take a look
THE WITNESS: Uh-huh. Yes.

BY MR. ROMAN:
24
for this one million seven hundred and eighty-three
24
Q.
Do you recognize that document?
25
thousand two hundred and thirty-one dollars and o six
25
A.
Yes.
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Q.
1
2
3
4
Now, when did you prepare that document?

MR. CALLI:
May I look at that for a
moment?
MR. ROMAN: I'm sorry, I thought you
had.
6
7
8
9
10
THE WITNESS: I -MR. CALLI: One second. Thank you.

BY MR. ROMAN:
Q.
When did you prepare that schedule for Billy
Cypress, that type of schedule?
A.
11
This isn't a schedule of this (indicating).
This is a GL transaction list.

Q.
Oh, I'm sorry. What's a GL transaction list?
A.
It's a transaction listing from the general
ledger.
Q.
A.
And can you tell us what that is, I'm sorry?

Its a printout of transactions that take place
in the general ledger.

Q.
Okay.
Now, what does the document says? What are those
numbers?
A.
Q.
A.
What does it says?

Yeah.
You mean what is this? You want me to describe
what this is? I mean, because what it says is a bunch of
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A.
Q.
A.
Q.
Uh - huh.
--
three hundred and eleven. And how many cents?
Thirty - eight.
How much has Billy Cypress paid according to that
schedule?
A.
According to this one, he paid five hundred -- I
think that's a five -- five hundred and forty-one thousand

seven hundred.
Q.
So what is the amount, according to that
schedule, that Billy Cypress currently owes?

A.
At the time of that schedule? What I just said,
five ninety-five three eleven thirty-eight.
Q.
Okay.
How much does Billy Cypress owe today according
to this schedule?
A.
Q.
Okay.
don't know because this isn't printed today.
When was the last time that that was printed?
A.
Q.
A.
don't know.
Does it show the year that it was last printed?

All this shows is when this was printed. This
was printed on April 19th, 2010.
Q.
So in April 2010 what was the total that Billy
Cypress owed under this schedule of payments?
A.
just said it to you. Five ninety-five three
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1
numbers. It says Billy Cypress deposit. Billy Cypress
2
3
4
deposit. It has a starting balance. It has an ending
and ending balance. And then it has some handwriting by
me, some handwriting by Mike Hernandez and some things
eleven thirty-eight . And, again, this is not a schedule,
8
9
10
The first one that says BCLT Loan, that was for a specific
2
3
4
5
6
7
8
9
10
11
payment that was made to Lewis Tein, I believe -- I
11
of Billy Cypress?
12
13
14
15
16
believe it was to purchase a property and then him paying
12
13
14
of the transaction listing, as I told you, has a starting
And the other one is the receivable having to do
15
pay -- to pay it off. The other one shows credit,
with the credit card charges and with personal expenses,
16
17
18
19
20
21
22
23
24
25
personal credit card charges made by Billy on the Tribe's
balance. It has dates. And then on the next page it has

MA credit card charges. It's got some debits and credits
circled.
Q.
A.
Can you explain to us what that document is?
told you, this is a GL transaction listing.
that back. Those are the credits and the last payment was
made on January of 2010.
17
and showing payments paid back, and then Mike wrote on the
18
19
20
21
22
23
24
25
bottom, "This is the amount you owe."
Q.
Okay.
What is the amount that Billy Cypress owes,
according to that document?
A.
For which thing? Or in total? Well -- okay.
Because one of them is zero. So the other one, I think

it's five ninety-five three eleven thirty-eight, I think.
Q.
Five hundred and ninety - five thousand --
this is a transaction listing. So that's what had been

recorded at that time for that time period.
Q.
mean?
A.
I already explained that.
Q.
Okay.
A.
Its a list of transactions.
Q.
Is this transaction listing a listing of the
transactions of payments by the Miccosukee Tribe on behalf
A.
This one? This is a -- which one? I mean, one
balance and then it shows the payments made by Billy to
credit card and a couple of payments for lawn service and

payments that he made against those.
Q.
What is the total of the personal credit card
payments by Billy Cypress?

A.
On this page?
Q.
Yes.
A.
I need a calculator.
Five ninety-five three eleven thirty-eight minus
six hundred. So that would be five ninety-five -- I can't

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do math in my head. I don't know. Give me a calculator.
Q.
A.
Okay.
Q.
Let me go back for a minute. Someone wants to
know how much Billy Cypress owes the Miccosukee Tribe,
from 2006 until the last entry reflected in the schedule
thirty-eight minus six hundred. So it would be five
that you prepared, Exhibit 2, where is that reflected?
ninety-four seven eleven thirty-eight.
6
7
8
Q.
It would be five ninety-five three eleven
A.
How much Billy owes the Tribe?
Okay.
Q.
Where is it reflected?
And what are the years reflected on that first
A.
Where is what reflected? How much Billy owes the
Tribe?
Q.
Yes.
A.
These are ledgers. There are line items
page; what years does that entail?
A.
This is fiscal year 2010.
10
Q.
Now --
9
10
11
A.
Part of it, not the whole year.
11
reflecting specific things -- specific things that Billy
12
Q.
The second page, what is it?
12
owes, like this one here (indicating). This accounts
13
A.
Same thing.
13
receivable BC has to do with credit card and personal
THE VIDEOGRAPHER: We are going off the
14
charges. This schedule is a schedule.
14
15
15
16
17
18
19
20
21
record at 4:31 p.m.
16
17
18 proceedings were had:)
THE VIDEOGRAPHER: Beginning of tape
19
20
number 4. We're back on the record at
4:37 p.m.
21
22 BY MR. ROMAN:
23
Q. Did anyone, other than yourself, make the
24 transaction entries into the schedule that has been marked
25 as Exhibit 2 basically --
MR. CALLI: When you say "this" would

you refer to the exhibit number?
THE WITNESS: Oh, I'm sorry.
Exhibit
--
Plaintiff's 1.
This Exhibit 2 is an Excel spread sheet,
that's not part of -- this is not a
transaction listing, however, there would be
22
a balance shown for that amount.
23
There -- if there are other loans that
24
he has, it would be part of the overall loans
25
receivables that is not broken down in our

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1
A.
No.
ledger by individual Tribal members. So that
2
3
4
Q.
-- for Billy Cypress?
won't say in my records, Billy owes this
A.
No.
much. Administration would be the one to
Q.
Would it be fair to say that all the
produce a report saying what Tribal members
transactional entries on that loan for Billy Cypress were
owe.
made by you while employed for the Miccosukee Tribe?
A.
Yes.
8
9
Q.
Now, you mentioned several times during the
questioning by Lewis Tein's attorney about account
BY MR. ROMAN:
Q.
Okay.
You just said it would not be reflected in the
10
receivable, does this schedule -- was this schedule
10
ledger by individual members, what does that -- what are
11
reflected on the account receivables for the Tribe -- for
11
you saying?
12
the Miccosukee Tribe?
12
A.
What I just said. I said loans -- things that
13
A.
Yes.
13
Billy owes, other than these three items, would not say
14
Q.
Okay.
14
anything specific to Billy.
Does that mean that a person that asked for the
15
Q.
Okay.
16
account receivable will see an entry that it will say
16
A.
These are things that were tracked separately
17
Billy Cypress loan and then this schedule?
17
specifically for Billy Cypress that I was told to create
18
separate codes for. There is a code for loans where other
19
loans to Tribal members would be recorded. If he has a
15
18
19
20
A.
You mean is the GL transaction listing going to
exactly look like this schedule? Not necessarily, no.
Q.
Let's suppose someone asks: I want to see the
20
loan in there, that would have to be administration that
21
would tell you that.
21
accounts receivable that reflect the outstanding loans to
22
the Miccosukee Tribe by Tribal members. Is there an entry
22
Q.
I didn't mean to cut you off.
23
that says money owed by Billy Cypress, and this is the
23
A.
That's okay.
24
amount?
24
Q.
Who, in administration, will keep track of this
25
A.
You're talking about different things.
25
loan?
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A.
Q.
Now? I don't know.
No, from 2006 through 2009 who will, in
administration, who was the person responsible for keeping
2
3
track of the loans by Tribal members?
the Miccosukee Tribe, the name of any of the children of
Evelyn Cypress and Billy Cypress?
A. I don't know that whole time, but it would be
whoever is performing the duty of the loan officer.
Q.
A. I think so.
Q. Do you know, from the 20 years that you worked at
A.
I'm not sure. I'm not sure who necessarily was
7 both of their children and who might be one or the other.
Who was performing the duty of the loan officer
Q.
from 2006 through 2009 in administration?
A. I
children?
don't know who was doing it that entire time,
Would it be fair to say that you were not aware
that Billy Cypress and Evelyn Cypress were married?
as I've already stated before. Megan, as you know, was a
10
loan officer at the time that she got terminated, but I
11 wasn't always able to keep track of who -- everybody's
don't know if she was during that whole period of time.
12 history. I may have known that at some point in time. It
Q.
A. I didn't say that. I said I didn't always --
13 is not really for me to keep track of.
Was there any other person in addition to Megan
working in administration who was also responsible of
14
keeping track of the loans by Tribal members?
15
Miccosukee Tribe, until recently, how many of those years
16
did Evelyn Cypress work for the Miccosukee Tribe as Tribal
17
18
Administration Coordinator?
A. I just told you, I don't know.

Q. Do you know someone by the name of Evelyn
Cypress?
A.
Q.
Q.
During the 20 years that you worked with the
A. I don't know what her title was the whole time,
Yes.
19 and I don't recall if she was in that position the whole
Was Evelyn Cypress employed by the Miccosukee
20 time that I was there.

21
Tribe from the years 2006 through 2009?
Q.
During the whole time that you were there, how
A.
Yes.
22
Q.
A.
And in what capacity?
23 Miccosukee Tribe?
I believe she was the Tribal Administrative
24
many of those years did Evelyn Cypress work for the
A.
That's what I just told you. I'm not sure if she
25 was there when I started working there. I know she was
Coordinator.

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162
Q.
And in what floor was her office located?
2
3
A.
Q.
The fourth floor.
5
6
Is that where the office of the former Chairman,
Billy Cypress was?
A.
Q.
Yes.
Did Evelyn Cypress in addition to Megan -- did
Evelyn Cypress also keep track of the loans of Tribal
members?
9
10
11
12
13
14
A. I don't know.
Q.
What was Evelyn Cypress's relationship to Billy
Cypress?
A.
Q.
A.
She was his employees.

How long have you known Evelyn Cypress?
A long time. I think she was working the whole
15 time I was working there until she got terminated.
16
Q.
In addition to being an employee, was there any
17
other relationship between Evelyn Cypress and Billy
18
Cypress?
19
A. I don't know.
20
Q.
21
22
Were you aware that Evelyn Cypress was the former
wife of Billy Cypress?
A. I'm not sure. I don't -- I cannot always keep
23 track of who's been married to who out there. I may have

24 heard that before.
25
Q.
Was Evelyn Cypress and Billy Cypress have
1
2
3
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5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
there -- I mean, she stopped working there when the -- at

the beginning of 2010. I don't -- I can't tell you if she
was there when I started working there or she came later.
Q.
A.
Q.
A.
Q.
A.
Q.
Was that on the fourth floor?

Yes.
Was she working on the fourth floor in 2007?
Yes.
Was she working there on 2008?
A. Yes. Until the beginning of 2010 when she got

terminated, yes. The fourth floor, yes.
Q.
So would it be fair to say that she also worked
there during 2009?
A.
Yes, that's what I said.
Q.
Would it be fair to say that she also worked
there in 2005?
A. I think so, yes.
Q.
Now, what were the terms of Billy Cypress's
loans, the one that you made all the transactions, what
were the terms of the loan?

(305) 324-5431
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Was she working there in 2006?

Yes. I think so, yes.
A.
Q.
A.
I don't know.
Q.
What was the maturity date on that loan?
What was the interest charge on that loan?

I don't think there's any interest on that loan.

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A. I don't know a maturity date of the loan. I told
A. No. Like we already said, the first -- the date
2 of the first transaction on this list is 2006. That is
2 you, I don't know the terms of the loan.

3
Q.
What --
3 not necessarily when I made the first entry on the
A.
I didn't issue the loans.
4 schedule -- for like the third time.
Q.
Who did?
A. Who did? I don't know. The Tribe.
Q.
A. I just told you.
Q.
Who?
Who approved this loan for Billy Cypress?
Q.
Now, when that -- at some point in 2006 you made
this entry; correct?

A. I don't know if I made that entry in 2006 or not.
Q.
Now, were you given a document that said okay,
this is a promissory note -- do you know what a promissory
10
A. I don't know. The Tribe.
10
11
Q.
11
12
A. I don't know.
12
13
Q.
13
14
A. I just told you.
14
Cypress about the money that he's borrowing from the
15
Q.
15
Tribe; were you given such document?
16
A. I just told you no.
Who at the Tribe?

What was the interest charge on this loan?
Was there an interest charge?
16
note is?
A. Yes.
Q.
Were you given a promissory note that says okay,
this is a promissory note, Ms. Goldenberg, for Billy
A. No.
Have you ever seen such document?
17
Q.
17
Q.
18
A. I don't know. That's not up to me.
18
A. No.
19
Q.
Okay.
19
Q.
Now, what were the terms of the repayment of this
20
A. No.
20
21
Why not?
21
loan?
22
A. I don't know.
23
Q.
24
25
Was there an obligation for Billy Cypress to pay
back this loan to the Tribe?

A. Yes.
Q.
Have you ever asked for such document?

Is there is a document anywhere that states what
22
is the interest rate that Billy Cypress is going to pay on
23
this loan?
24
A. I don't know.
25
Q.
Have you ever seen such document?

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166
A. No.
Q.
And where is that reflected?
A. Where is what reflected?
Q.
Q.
A. No, I don't.
A. The terms?
Q.
Q.
A. I don't know.
Q.
A. I don't know.
Q.
The terms of the repayment.

Yes.
Have you ever seen a document that states how

MR. LOPEZ: Objection. Asked and
answered.
THE WITNESS: No.
Can I please finish?
Okay.
Billy Cypress is going to pay back this loan?
Now, is there a promissory note that says
Do you know whether that document exists?
BY MR. ROMAN:
10
MR. LOPEZ: I'm going to object. This
10
11
witness has answered that she has no idea
11
Q.
12
about the specific terms of the loan, the
12
A. I don't know.
13
rate of the loan, the return -- payment date
13
14
of the loan. She has continuously said that
14
15
she does not know anything about the loan,
15
16
who issued it. To keep asking her -- just
16
17
ask her one entire question that encompasses,
17
18
for the sake of time, that encompasses all
18
19
the questions you want her to answer about
19
20
that loan.
20
21
22
23
Q.

answered.
BY MR. ROMAN:
Q.
Now, same question as to the loan for Jimmy Bert,
what is the maturity date on that loan?

A. I don't know.
Q.
Have you seen a document that it says the
maturity date for that loan?

A. If I had, I would have had an answer to the
21
BY MR. ROMAN:
Is there such a document?
Okay.
22 previous question. So no.
You made the first entries -- transaction, I'm
23
24
sorry, on this loan in 2006; correct? According to
24
25
Exhibit 2; correct?
25
Q.
A. I don't know. I have none on my schedule.

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Have you seen a -- what is the interest that
Jimmie Bert is being charged on his loan?
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Q.
Have you seen any document that reflects the
A.
No, no. You asked if I've seen a document.
Q.
Have you seen a document?
A.
No.
A.
No, I haven't.
Q.
Have you -- are you aware of the repayment terms
Q.
Do you have any reason to believe that there is a
interest on that loan?
for Jimmie Bert's loan?
document reflecting the collateral that Billy Cypress put

to backup this loan?
A.
No.
Q.
Have you seen any document reflecting the
A.
I don't know.
Q.
Same question as to Jimmie Bert, what is the
repayment terms for Jimmie Bert?
A.
No.
10
Q.
Have you seen any document that reflect the
11
conditions of the loan for Jimmie Bert?
collateral for Jimmie Bert for this loan?
10
A.
I don't know.
11
Q.
Have you seen any document--
12
A.
No.
12
A.
No.
13
Q.
Same question regarding Tammy Gwen Billie: What
13
Q.
-- reflecting the collateral that Jimmie Bert
14
15
14
is the maturity date on the loan for Tammy Gwen Billie?
placed for this loan?
A.
Its all the same loan. And no, I don't know.
15
A.
No.
Q.
Is there interest -- have you seen any document
16
Q.
Are you aware whether such a documents exists?
17
that reflects the maturity date for the loan for Tammy
17
A.
I do not know.
18
Gwen Billie?
18
Q.
Same question for Tammy Gwen Billie.
16
19
A.
No.
19
A.
Its the same loan.
20
Q.
What is the interest on the loan to Tammy Gwen
20
Q.
So would it be fair to say that there is --
21
A.
Same answer.
21
Billie?
22
A.
I don't know. There is none on my schedule.
22
Q.
There is no collateral for this loan?
23
Q.
Have you seen any document reflecting an interest
23
A.
No, that I don't know of any collateral for that
24
25
24
on that loan?
A.
loan.
25
No.
Q.
And you're not aware of whether there is any

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170
Q.
Gwen Billie?
What are the repayment terms of the loan to Tammy
172
documentation for a collateral?
A.
Correct.
Q.
Now, according to the schedule that you have -- I
A.
I don't know.
Q.
Have you seen any document that reflects the
believe its Exhibit No. 1, Tammy Billie legal fee
balance.
5
6
terms of repayment of this loan by Tammy Gwen Billie?
A.
No.
A.
Uh - huh.
Q.
What are the conditions of this loan?
Q.
Do you have a copy of that?
A.
I don't know.
A.
Yes.
Q.
Have you seen any document that reflect the
Q.
Okay.
10
10
condition of this loan?
According to this the Miccosukee Tribe paid
11
A.
No.
11
Michael Diaz two million three hundred and fifty-six
12
Q.
Now, what collateral was placed by Billy Cypress
12
thousand seven hundred and eleven dollars and fifty-seven
13
cents; correct?
13
for this loan?
14
A.
I don't know.
14
15
Q.
Have you seen any documents of any collateral
15
16
placed by Billy Cypress for this loan?
16
A.
According to this, through 9/30/2003, that is how
much was paid to Michael Diaz, correct.

Q.
Now, are you aware that Guy Lewis and Michael
17
A.
I just said I don't know.
17
Tein filed a lawsuit against Michael Diaz for charging
18
Q.
My question is: Have you seen any document
18
unreasonable fees, plus other allegations?
19
reflecting --
19
20
A.
It's the same thing.
20
21
Q.
Its not the same thing. Is it the same answer?
21
22
A.
Yes.
22
charges for Lewis and Tein did not commence until 2005;
23
Q.
Okay.
23
correct?
So would it be fair to say that there is no
24
A.
Correct.
25
Q.
And there is an entry of forty thousand four
24
25
document that reflects a --
A.
something like that way back, but I don't remember.

Q.

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I don't -- I don't know. I may have seen

Now, as we go through this Exhibit 1, okay. The

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hundred and forty-five dollars and fifty-one cents;
Now, do you remember the Wednesday before
correct?
Thanksgiving that I requested this information from you
A.
Q.
Correct.
regarding a hearing that was to take place on Monday
And then for 2006, we have forty-six thousand six
following Thanksgiving?
A.
Not specifically.
Correct.
Q.
Do you remember that I asked you for an E-Mail to
Now, we have 2007, twenty-five thousand two
hundred and nine and seventy-one; correct?

A.
Q.
A.
Correct.
10
Q.
And then we have 2008, two hundred and
10
11
ninety-three thousand four hundred and seventy-one with
11
12
fifty-three cents?
13
A.
MR. LOPEZ: Objection. The attorney is
hundred and seven and forty-nine?
send me documents?
testifying.
BY MR. ROMAN:
Q.
Do you remember that I sent you an E-Mail
12
requesting you -- requesting that if you can send me
Correct.
13
information regarding loans by Tammy Billie?
Two thousand and nine, we have one million five
15
hundred and thirty thousand sixty-eight dollars and
14
15
16
fourteen cents?
16
before Thanksgiving, and that there were people leaving
14
17
18
19
20
21
22
23
24
25
Q.
A.
Yes, I kind of remember that.
Q.
And do you remember that that day, it was right
A.
Correct.
17
early and you had to stay late until later in order to
Q.
Twenty ten, we have four hundred and ninety-one
18
19
accommodate that request?
thousand six hundred and ninety-four seventy-three?
MR. SCHEINBERG: Before you answer.

Counsel, again, I'm bringing back up what
A.
Correct.
20
Q.
Now, the total that has been paid for Tammy
21
22
23
questioning, obviously you're testifying and
Billie's legal fees, according to this Exhibit 1, is how

much?
I've said before, just the nature of your
making comments on this record as if they are
A.
How much has been paid?
24
fact and I strongly urge you to consider the
Q.
Yes.
25
fact that you're a witness in the case,
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3
4
5
A.
I will need a calculator because there's a -- I
can't add that many numbers in my head. I'm sorry.
Q.
But it will be fair to say that it's reflected
here -- all the charges that the Miccosukee Tribe have

paid for Tammy Gwen Billie are reflected here?
A.
All of the things that were paid for Tammy Billie
especially now during the deposition and
respectfully I'm objecting to you questioning
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this witness in this manner.

MR. LOPEZ: About things that you're
directly involved or after to do as a
witness, proffering it as fact when you're
that were part of her receivable that I would have
questioning, I would ask -- I would object to
properly identified that way, would be part of this
that and I would ask that you certify the
schedule.
Is it possible that anything ever got miscoded
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and that this could have something extra or missing? Yes.
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But this is a pretty correct document, yes.
12
13
Q.
questions.
BY MR. ROMAN:
Q.
attorney back in November of 2012?
13
Now, would it be fair to say that according to
Did you believe that I was representing you as an
A.
November 2012? There were times when I thought
14
this document, according to Page 2, it says balance as of
14
you were and there were times when I thought you weren't,
15
November 21st, 2012 is three million eight hundred and
15
because at times you told me you were and at times you
16
fifteen thousand two hundred and seventy-two dollars with
16
told me you weren't. So as of that specific date, what I
17
ninety-two cents?
17
was under the belief that day, I don't recall.
18
A.
That's what it says, yes.
Q.
Q.
18
Did you receive an E-Mail from me on that day,
Now, according to this document, as of November
19
the Wednesday before Thanksgiving, with a copy of a
20
21st, 2011 -- 2012, I'm sorry, the total amount that Tammy
subpoena received from Lewis and Tein's attorney asking
21
Gwen Billie owes the Miccosukee Tribe under this Exhibit 1
22
is three million eight hundred and fifteen thousand two
23
hundred and seventy-two with ninety-two cents; correct?
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A.
Q.
you about information about Tammy Billie?

A.
That you were asking me about information about
Tammy Billie?
Yes -- you just said that.
24
Q.
To produce the documents showing the subpoena.
Okay.
25
A.
I don't think you necessarily were asking me to

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produce documents for a subpoena. I think you asked me to
provide all -- to provide the information on all
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Q.
And isn't it true that a few days after that you
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this schedule attached to it. And I wondered how did they
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get this schedule -- because this was something I gave to
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record, that based upon these lines of
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you, and then it seems that somebody subpoenaing the Tribe
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questions, which you've asked the witness and
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outstanding loans for her. I believe it was something

like that.
Q.
coming up on Monday right after Thanksgiving?
I don't remember that it was because of a hearing
or not, no. I remember you did send me something that had
had it, and I didn't understand that.
Q.
Did you receive that day by E-Mail a subpoena
that has been directed against Assistant Chairman Jasper

Nelson?
A.
I think that might have been attached, yes. This
was attached to that.
Q.
Okay.
And wasn't one of the items in that subpoena a
list asking for all loans regarding Tammy Billie?
A.
the issues in this case?
A.
Q.
A.
Q.
And did you remember that you were asked to
provide this information because there was a hearing
A.
were listed as the person with the most knowledge about
I don't remember exactly what the subpoena said.
I think you asked me for all loans regarding Tammy Billie.

Q. And as you have stated before, wasn't that
attached to a subpoena directly that Mr. Nelson, the
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Listed where?
In a court document.
I don't know.
Okay.
Now, didn't you send an E-Mail after this meeting
in which you requested to hire you an attorney?

MR. CALLI: Let me just say, for the
she's answered, any assertion as to privilege

that you've made to your communications with
her, is now completely, completely waived.
You've asked her questions about what you
said and did to her in meetings, and she's
answered. So you've waived your right, to
the extent it was ever a valid objection, to
assert privilege on any oral or written
communication in your capacity as a lawyer
for the Tribe and her as an employee
--
waived.
That's one consequence of why I think,
Mr. Scheinberg, as an officer of the Court
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A.
Q.
I think there was a subpoena attached to it, yes.

Now, let me go back to your belief that I was
your attorney.
A.
Q.
Okay.
Did we have a meeting on January 2000 -- January
10th, 2013 regarding your testimony in this case?
A.
I don't remember the date. We had a meeting. Is
that where -- the one where Byron and I were both there?
Q.
A.
Was Byron also present?
I said I don't remember the date. So if you're
talking about the meeting that Byron was at? Yes, I was
there. I remember having a meeting with you and Byron and
myself. I don't remember the date of the meeting.
Q.
Do you remember that at that meeting you were
informed that the Tribe was listing you as the person -one of the persons with the most knowledge about the issue
in this case?
MR. CALLI: Object to form of the
question.
BY MR. ROMAN:
Q.
Were you informed at that meeting that you were
going to be listed as one of the persons with the most

knowledge about the issues in this case?
A.
was asking you. Because you just created an
Assistant Chairman?
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let me tell you, it applies to all the

information you've been withholding and
secreting from Jim Furnas at the IRS, and
that's going to come down on you from your
soon-to-be former client.
He wants to ask you questions, have at
it.
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Yes.
inadvertent involuntary waiver of privilege

on your client, the Miccosukee Tribe. And
MR. ROMAN: Are you done with the

soliloquy?
MR. CALLI: Yes, sir. It's more like a
eulogy, but....
BY MR. ROMAN:
Q.
capacity?
A.
Q.
A.
Yes.
And when was that?
That was more than once. That was after the
first time I was served with a subpoena that you filed a

Motion of Protective Order for. That one, before you
filed that motion, you told me that you would be there as
my attorney because I was under the umbrella of the Tribe.

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Ms. Goldenberg, did I ever represent to you that
I was representing you as an attorney in your individual

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And then during this meeting that we had, after you wrote
to me that you would not be there representing me as my
attorney at our meeting, you told me that we would -- that
Witness, unless the Tribe has another
you would be there representing me as my attorney.
suggestion, Witness Exhibit 1.
is -- where are you on the list of exhibits?

MR. CALLI: We should mark that as
Q.
Okay.
MR. ROMAN: That will be fine.
A.
And they could not ask questions about
MR. CALLI: Because you got the
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conversations that we had because you were my attorney.

Q.
Did I ever advise you, by way of an E-Mail, that
Plaintiff. The Tribe has Exhibit 1, so this
is your Witness 1.
you needed to obtain a private attorney if you wished,
MR. SCHEINBERG: For the record, Witness
10
that I was only representing you as an employees of the
10
Number 1 is a composite of four pages of
11
Tribe, not as your personal attorney?
11
E-Mails dated January 10th, 2013 starting at
12
1:14 p.m. However, it goes back to January

4th, 2013. And it speaks for itself with
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A.
Before this meeting -- I mean, before the meeting
13
that we had, you sent me E-Mail saying you were not
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14
representing me, that you were there at the subpoena, to
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regard to the subject and who was cc'd on
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which the Tribe was not a party, just to represent the
15
this.
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Tribe's interest; that you would be making objections on
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the Tribe's behalf and not on my behalf and so that in an
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MR. SCHEINBERG: We need to staple it.
18
abundance of caution, I think you said, that I might want
18
Second -- can you read and listen at the same
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to get my own attorney; and then you said that Treasurer
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time?
MR. CALLI: May I see that?
20
Cypress recommends that everybody gets their own
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attorney -- I guess you were speaking for him; and you
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also told me that I should get with Jerry Cypress to make
22
record, Witness Number 2 is an E-Mail dated
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arrangements for the payment of my attorney.
23
January 15th, 2013 at 1:29 p.m. from B. Roman
24
Law to Byron Heslop and cc'd Jodi.
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After that, when we met in person, you said the

complete opposite, you said you would be there as my

MR. SCHEINBERG:. Witness 2. For the
25
MR. ROMAN: That has been marked as
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attorney, that I did not need to bring my own attorney,
and that they would not be able to ask questions about
MR. LOPEZ: One.
conversations that we had because it was attorney-client
privileged and -- and I had to document it back to you
subsequently marked as Witness Exhibits No. 1
because it was all completely opposite from what you had
already put in writing.
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you're looking at?

MR. LOPEZ: Absolutely.
The last -- which E-Mail?
Q.
The one that I sent you.
A.
There is more than one here that you sent me.
MR. LOPEZ: Yeah.
11
MR. SCHEINBERG: Why don't you just
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15
MR. LOPEZ: Can you just state for the

record --
E-Mail dated?
A.
12
state, for the record, what you referred to.
The E-Mail that I sent to you on -- what is the
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Everything should be marked.
Q.
MR. CALLI:
14
& 2 for Identification.)
BY MR. ROMAN:
MR. CALLI: Can we mark whatever it is
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13
Composite Exhibit --
The one where you said you're not my attorney?
13
Q.
Yes.
14
A.
That was the 4th.
15
Q.
Okay.
A.
The 4th.
Q.
And can you read, for the record, please, what is
16
THE WITNESS: This is missing --
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17
MR. LOPEZ: This is all your
17
What day was that E-Mail sent?
18
communications that have been referred to
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here. This is all E-Mail communications that
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have been referred to here. And just, let's
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just mark them. Howard, can you do that, can
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you mark them? I'm going to step out for a
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here relates to the case of Bermudez versus Jimmie Bert
23
second. I got to use the restroom again and
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and Tammy Billie. The Tribe is not a party to this case
24
just make sure that they're complete.
24
and the records relate to matters involving Jimmie Bert
25
and Tammy Billie that their former attorneys, Guy Lewis
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MR. SCHEINBERG: For the record, this
that E-Mail, how it reads?
A.
a Motion for a Protective Order because your deposition

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Yes. "Jodi: The Tribe has no grounds for filing

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and Michael Tein, have already disclosed to the Court.
don't take any of this as a challenge, I am trying to
Also, Guy Lewis and Michael Tein disclosed to the Court
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understand this process of which I have at best very
two payments made by Treasurer Jerry Cypress to them from

his own NTDR account. Under these circumstances, you are
being called to the deposition by the Bermudez's attorney
as custodian of record and the person with the most
knowledge about these matters. I will attend your
deposition in my official role as attorney for the
Miccosukee Tribe only, and not as your personal attorney.
little knowledge.
First, how come the subpoena to me comes care of
you if the Tribe is not a party in this case? Also, since
if came care of you, with your office address and my
address doesn't even appear on the subpoena, why did they
serve at my home?
When I received the other subpoena, it had my
10
This means that I will make all of the necessary and
10
address on it and was served to me at home. When I spoke
11
legally required objections on behalf of the Miccosukee
11
to you about it, you told me you didn't understand why
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Tribe. Although I do not anticipate any personal issues
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they served that to me at my home as you had told them
arising relating to you personally, but in an abundance of

caution you may want to bring your own attorney.
Mr. Cypress has his own attorney and has recommended to
members of the Business Council to do the same in these
proceedings. If you decide to bring your own attorney,
please contact Mr. Cypress to make arrangements for
payment of his or her legal fees for representing you on
that day. If you have any questions please do not
hesitate to call me. Thanks, Bernie."
Q.
When was that E-Mail sent to you?
A.
January 4th.
Q.
What time?
A.
Nine fifty-five a.m.
that you would handle it at the Tribe. In this case, its

care of you, with your address, but they came to my home.
I think I understand your explanation that the

Tribe has no grounds for filing a motion because they are
not a party in the case. In what capacity would the
Tribe's attorney be present at a deposition in that case
then? If it is not because they are deposing a Tribal
employee and because you would be there to protect me as
such, what would be the purpose? As an employee of the
Tribe, I work for the best interest of the Tribe.
Wouldn't protecting me as a tribal employee and protecting
the Tribe go hand in hand?
You have told me in the past that as an employee
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Q.
Okay.
of the Tribe, you represent me 'under the umbrella of the
And did we meet subsequent to that in that
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Tribe'. Why doesn't that apply in this case? Why would
need a personal attorney? Please explain why I would
meeting that you described where Mr. Heslop was present?

A.
Yes.
Q.
A.
That first E-mail? I don't know. Because this
Who else was copied on that E-Mail besides you?
does not show who else you copied. This doesn't show who
you copied. This only shows who I copied and I sent this.
Q.
A.
Who did you copy on that E-Mail?
you be making objections on behalf of the Tribe (in a case

in which they are not a party), but not be making
objections on behalf of an employees of the Tribe that
falls under the umbrella of the Tribe? I am not asking
you to represent me personally, I am just trying to
understand how all this -- how this all works.
As I am not a defendant in this case, why would I
Well, that E-Mail is from you to me, so I didn't
10
11
copy anyone on that one. My response to you, with my
11
need to hire an attorney in order to simply answer
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questions and then my later response to you, it shows who
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questions in a case which I am nothing more than an
10
I copied on those, but I can't copy somebody on your

E-Mail to me.
Q.
Okay.
Did you send an E-Mail to me in response to that
E-Mail?
A.
Q.
A.
Q.
Yes.
A.
It says, "Hi Bernie. Thank you for your
When was the next E-Mail that you sent to me?

January 4th.
What does it read?
response. I needed to know what I have to do.
I have a few questions raised by what you have

written and hopefully you will answer them for me. Please
accountant of the Tribe that might have knowledge of

things in question in the case?
How does the Bermudez family's attorney know who
I am? I don't know the Bermudez family or their attorney

and have no involvement in this case. How would they
decide that I am the person with the most knowledge about
these matters and why would they think I have custody of
any of the Tribe's records? I am not the custodian of the
Tribe's records.
Thank you for responding to my earlier E-Mail and
please get back to me on this when you're able to.
Respectfully, Jodi."
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I appreciate you taking the time to read this.
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Q.
What date was that E-Mail?
MR. ROMAN: Okay.
A.
January 4th -- again.
THE WITNESS: Because you're looking at
Q.
Is that 2013?
A.
Yes.
it.
MR. ROMAN: Let's do this.
Q.
Okay.
THE WITNESS: I mean.
And what time was that E-Mail?
A.
One forty-four p.m.
Q.
Okay.
Q.
Let's look at the first E-Mail.
Did I send an E-mail -- did you receive a copy of
A.
Correct.
Let's look at the first E-Mail.
BY MR. ROMAN:
10
an E-Mail after that on January 15th, 2013 at 1:29 p.m.
10
Q.
11
that was addressed to Byron Heslop and you were copied on
11
A.
Uh-huh.
it?
12
Q.
The earliest E-Mail that you have on that
exhibit.
12
13
A.
If you have it there, then I did.
13
14
Q.
Okay.
14
Can you read that E-Mail into the record, please?
15
15
A.
"Mr. Heslop, the attorney --
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17
MR. SCHEINBERG: That's already marked.
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18
THE WITNESS: This is a different one.
18
16
A.
The earliest E-Mail that I have on this exhibit
is actually from October 26th because -Q.
Okay. Let me ask you the question.

Let's get in front of you the first E-Mail that
you have, the earliest one as to date.
19
A.
20
MR. SCHEINBERG: I'm sorry.
20
Q.
In this October 26th, 2012?
21
THE WITNESS: But there's more to this
21
A.
Yes.
19
That's later.
I did. I told you. October 26th.
22
Q.
That E-Mail?
23
MR. SCHEINBERG: Oh, that's okay.
23
A.
Uh-huh.
24
MR. LOPEZ: The other one being Witness
24
Q.
October 26th, 2012, to whom was that addressed?
25
A.
To me.
22
25
other.
Number 1.
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MR. ROMAN: Let me see the other one.
THE WITNESS: Am I reading this now?
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BY MR. ROMAN:
Q.
A.
You want me just to read it?
Q.
Could you, please.
A.
"Jodi: Attached for your information, find a
A.
Q.
17
Q.
18
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25
No, I didn't read that one yet.

Okay.
10
copy of the Miccosukee Tribe's Motion for a Protective
The first E-Mail that you read, what day is it?
11
Order filed on your behalf in this matter. You do not
Well, you have it in front of you. So if you
12
have to appear for your deposition scheduled for Tuesday,
13
October 30th, 2012. This matter will be scheduled for a
give it to me, I can look at it. I think it was the 4th.
A.
23
Now, what does that E-Mail of October 2012 says?
16
22
Okay.
The first one there that you just read, the one
15
21
Q.
Q.
that is dated January 10th, 2013.
Q.
20
you copy on these E-mails, it does not indicate that.
11
19
Okay. I just told you that I can't tell you who
Because that happened first.
10
14
A.
And who was copied in that E-Mail of October
A.
A.
13
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5
that we have a sequence.
12
2012?
Yeah, before you read that one. To make sure
Q.
1
2
Okay.
14
hearing before the Circuit Judge and he will decide if and
We have it backwards. Hold on.
15
when your deposition will take place. If you have any
That's how E-Mail works.
16
questions do not hesitate to call me on my cell phone.
Okay.
17
Thanks, Bernie."
The E-Mail of January 4th, 2013, is this the one
18
A.
Q.
Okay.
A.
Uh-huh.
21
Q.
-- after that, when is it?
22
A.
December 31st, 2012.
23
Q.
Okay.
20
I don't have it in front of me. I read an
E-Mail.
MR. SCHEINBERG: You're looking at it,
Counsel.
24
THE WITNESS: Can you recognize that it's

what I read?
25

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Now, the next E-mail --
19
that you read on the record?
And is that the E-Mail that you read already?

A.
Nope.
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Q.
Can you read that one, please?
questions that I read already.
A.
It says, "Hi Bernie.
Q.
And you already read that into the record?
I hope you had a good Christmas.
A.
Yes. I read that one already, correct.
Will you be filing something for my subpoena for
Q.
And what is the date of that E - Mail?
January 25th, 2013 like you filed for the subpoena back in
A.
January 4th.
Q.
Two thousand and thirteen?
A.
Yes.
Q.
Is that our last E - Mail exchange?
A.
No.
Q.
Okay.
October?
7
8
Let me know what I need to do and have a happy

new year.
Jodi."
10
Q.
What time was that E-Mail sent to me?
10
11
A.
Eleven thirty - nine.
11
12
Q.
That's 11:39 a.m. I assume; correct?
12
13
A.
Yes.
13
14
Q.
Okay.
14
Now, does it show who was copied on that E-Mail?
15
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16
A.
The one that I sent you, I copied Byron.
16
17
Q.
What is the E-Mail that comes immediately after
17
18
What other E-Mail exchanges are after that?

A.
wrote me, "Jodi, I will be at the trial
Q.
--
When did I write you?

MR. SCHEINBERG: Let her answer her
question.
THE WITNESS: January 4th, same day,
18
that, the next E-Mail by date?
Okay. Rather than answering these in writing you
2:45 p.m..
Can I explain something about this one?
19
Q.
Absolutely.
20
week. Please let me know what would be a
A.
The reason that I wrote this E-Mail attached to
21
convenient date and time to meet with you and

Mr. Heslop to answer your questions. Thanks,
19
A.
20
21
"Jodi, I will be at the Tribe all next
22
what you E-Mailed me about the other subpoena, was because
22
23
I had received a subpoena, and I think probably at least
23
Bernie."
24
like a week a gone by and you didn't say anything to me,
24
BY MR. ROMAN:
25
so I was asking you okay, what's the story with this one?
25
Q.
Did we meet after that?
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You told me you never got a copy of it, which didn't make
A.
Yes.
sense to me since it had your name and the address of your
Q.
Is that the meeting that you have described here
business on it, but you said when I sent you this E-Mail
that was the first that you heard that I had even been
A.
Yes.
subpoenaed again. I thought you would have contacted me
Q.
Okay.
about it, but you didn't. So I thought the way to
approach you was just to ask you are you filing the same
A.
thing, like you did on the other one.
Q.
What does that E - Mail say?
A.
The E-Mail that I wrote to you documenting the
9
10
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14
Q.
Are these things that you just described in your
10
explanation, are these things reflected in any E-Mail?

A.
Are what things reflected? You telling me that
you've never received a copy of it?
where Mr. Heslop was present?
And do you have an E - Mail to follow that meeting?
meeting?
11
Q.
Yes.
12
A.
Yes. Okay.
13
Q.
Exactly.
A.
No, you wouldn't put that in writing. You told
Yes.
I said, "Hi Bernie,
14
Thank you for taking the time to meet with Byron
15
me that in person. I documented it on here though and you
15
and me regarding my questions about my deposition. I
16
did not dispute that.
16
wanted to confirm a few of the things that were discussed
Okay.
17
just to make sure I understand correctly, as some of it is
Now, when is the next E - Mail?
18
different from your original response to me.
The next E-Mail is the one that I read from
19
17
Q.
18
19
A.
20
January 4th where you told me why you were not my
20
21
attorney.
22
Q.
23
24
25
A.
You explained that the reason my subpoena came

care of you with your address on it, was because you are
21
the attorney for the Tribe and I am a Tribal employee.
Okay.
22
You also said it was to keep my address out of the public
Then when is the next E - Mail after that?
23
record. You said you did not receive a copy of the
The next E-Mail is the one that I wrote to you
thanking you for your response and asking you a bunch of
24
subpoena and didn't know I was served until I E-mailed you
25
told you I would get a copy to you.

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You said that although I could bring my own

attorney and that you were obligated to tell me that, I do
not have to bring my own attorney and that you would be
there not only representing the Tribe and making
objections on their behalf, but also representing me and
making objections on my behalf.
You said there were certain things that you would
object to them questioning me about and you also said that
I would not have to answer questions about things
pending for several weeks and the IRS is
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threatening to take the Tribe to Court in

order to force compliance. If this matter is
referred to Court it will result in
additional unnecessary litigation costs.
Since the former Chairman's IRS case is
different and apart from that of the Tribe
and Tribal Members, and the Tribe already
made the decision not to object to the
10
discussed between you and me because that is privileged
10
Summons directed at him, any litigation on
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under attorney-client relationship as you are the Tribe's
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this matter may have a negative effect on the
attorney and I am an employee of the Tribe.
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Tribe. What is the status of these records?
You said that you would meet with me before the

deposition to explain to me how it would work and what to
expect and you confirmed that I am not the custodian of
the Tribe's records and would not be providing any of the
Tribe's records as they don't belong to me.
You also told me that the reason they are
deposing me is because you gave them my name in your
deposition as someone you knew in the finance department
that you believed had knowledge of the things in question.
Please let me know if I misunderstood any of what
I've written here from our meeting.
Thanks again, Jodi. "
Q.
Now, was there any other E-Mail communication
I am addressing this matter to you because

you are currently the person with the most
knowledge in the finance department and know
the location of the finance records for the
relevant period of 2000 through 2010.
Please
let me know as soon as you can. Thanks

Bernie."
BY MR. ROMAN:
Q.
Did I ever send an E-Mail to you stating that I
was your personal attorney?
A.
E-Mail to me stating that? No, you told me that
in person.
Q.
When I said that to you in person, when was that?
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after that, either from you to me or from me to you?
A.
A.
On the day that we had the meeting. I guess it
On this topic? On this string? No. This was
was January 10th because I probably wrote this on the same
the last one. Did you send me E-Mail after this? Yes.
day that we had the meeting.
Well, there was a couple that you sent me where
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you said -- after that you sent me an E-Mail, I don't know
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if it's here or not, telling me that Mr. Furnas called you
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A.
I don't think so.
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about the documents.
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Q.
Was there any other meeting in which I
Q.
A.
Q.
A.
Q.
A.
Yes.
You were constantly sending me E-mails.
I constantly sent you E-Mails?
Yeah.
What was the nature of the E-Mails?
MR. LOPEZ: Witness Exhibit 3.

THE WITNESS: Is this it?
MR. LOPEZ: Yes.
subsequently marked as Witness Exhibit No. 3
for Identification.)
THE WITNESS: You want me to read it?
MR. ROMAN: Of course.
THE WITNESS: "Jodi: I received a phone
call yesterday from IRS agent James Furnas
regarding the IRS request for all records
requested in the Summons involving former
Chairman Billy Cypress. This matter has been
Q.
A.
Q.
A.
Q.
Byron.
Byron Heslop?
Correct.
Was there any other meeting with you and me
subsequent to that?
represented to you, as you said, that I was your personal

attorney?
A.
Q.
I don't think so.

Okay.
Why would you not seek independent legal
representation, as you were advised in one of those

E-Mails?
MR. LOPEZ: Objection. Calls for a
legal conclusion. Speculation.
MR. SCHEINBERG: Attorney-client
privileged anyway.
BY MR. ROMAN:
Q.
Which date did you receive an E-Mail advising you

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And is that the meeting attended by your
supervisor?
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to obtain independent legal counsel?
A.
attorney?
MR. LOPEZ: Objection.
Well, it's not exactly what it said --
THE WITNESS: You don't have to look at
Q.
Now you --
A.
-- that although I probably wouldn't need it that
me like that either. You can hear me without
Mr. Cypress has his and recommends the same, and in an
giving me that look.
abundance of caution I may want to bring my own. After
which you told me, I would not need to because you would
be there representing me.
BY MR. ROMAN:
Q.
Are you paying your current attorneys?

MR. SCHEINBERG: She's not going to
Q.
Okay.
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A.
That was January 4th.
10
11
Q.
Okay.
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MR. LOPEZ: Certify that question.
On January 4th, after receiving that E-Mail and
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MR. ROMAN: On what grounds?
12
answer that.
MR. LOPEZ: Attorney-client privilege
13
instructing you to go and see Mr. Cypress to make
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arrangements to pay for your own attorney, why didn't you
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certification. We've asked that the question
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seek one?
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be certified. If a Court directs her to
16
answer the question, she will answer it.
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Until then, she won't.
MR. SCHEINBERG: You still don't think
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you're a witness in this case now?

MR. ROMAN: Why didn't you obtain an
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attorney?
THE WITNESS: I have an attorney. I did
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obtain an attorney.
BY MR. ROMAN:
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MR. CALLI:
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I would -- I would only, at
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this point, and I've sat and allowed you to
20
ask questions, but I'm unclear what this has
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to do with the Lewis Tein lawsuit that you
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filed on behalf of the Tribe in which she's
When did you obtain an attorney?
23
here appearing as a witness? You've gone
MR. SCHEINBERG: That's none of your
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very far afield, and I don't know the
25
relevance of any of these lines of questions;
business.
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privilege.
BY MR. ROMAN:
Q.
When did you hire your current attorney? I'm not
asking you to say anything -MR. SCHEINBERG: Don't answer.
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MR. LOPEZ: Objection. Attorney-client
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BY MR. ROMAN:
Q.
Q.
Okay. Then I think we'll move on.

Now, let's go back to the issue of your testimony
4
5
in response to Lewis Tein's attorney regarding the loans,
and I'm going to ask you about the minutes of the General
Council that you were provided.
-- any communications that you had with him?
MR. LOPEZ: Certify that question.
Do you have a copy of that? It's Exhibit 5. Do

you have that in front of you?
MR. CALLI:
10
MR. ROMAN: I'm asking you when did you
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I think it's objectionable.

BY MR. ROMAN:
11
hire the attorneys that are in this room
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representing you?
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MR. SCHEINBERG: Don't answer.
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MR. LOPEZ: Certify the question. Do
15
Exhibit 5.
MR. ROMAN: Do you have it in front of

you?
THE WITNESS: Yes.
BY MR. ROMAN:
Q.
Okay.
Thursday, November 5th, 1998 at 10:00 a.m., okay.
not answer that. We could certify it and go
16
17
before the Court. If the Court directs you
17
18
to answer, then you answer it.
18
reads Page 68, which is a request from Jimmie Bert. You
19
were asked about the request that he made for legal
20
representation to be paid by the Tribe; correct?
16
MR. ROMAN: And what -- under what
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privilege are you --
Now, Page 3, which is on the bottom, says --
MR. LOPEZ: Attorney client privilege.
21
22
MR. ROMAN: -- instructing the witness
22
asked about this paragraph, correct. I was asked to read
23
it. I was asked some things about it.
23
not to answer?
24
MR. LOPEZ: Attorney-client privilege.
24
25
MR. ROMAN: Are you paying your current
25
A.
I don't remember exactly what I was asked. I was
21
Okay.
Now, can you agree with me that in November 5th,

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1998 Lewis and Tein were not the attorneys for Jimmie Bert
and Tammy Billie?
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4
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A.
I don't know who were their attorneys at that
Q.
Is there anything else in these minutes of
Q.
Okay.
What was the amount of the retirement fund for
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4
time.
BY MR ROMAN:
Jimmie Bert?
A.
I don't recall.
Q.
Let's go to the next item, the next meeting which
November 5th, 1998 that shows that a loan had been
approved for Guy Lewis and Michael Tein?
is Thursday, February 3rd, 2000 at 10:00 a.m.
A.
A loan for Guy Lewis and Michael Tein?
A.
Uh - huh. I mean yes.
Q.
Yes.
Q.
Page 42.
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A.
It would have been a loan for the Tribal member.
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A.
Yes.
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Q.
Exactly. There had been a loan for a Tribal
11
Q.
It reads, "Ms. Bert -- reading one, two, three,
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member to pay Lewis and Tein's legal fees?
13
not know the total amount due, she had been told a balance
14
will be given to her after each deduction but this has not
MR. ROMAN: That's a question.
15
been done."
MR. LOPEZ: Okay.
16
MR. LOPEZ: Is that testimony or a

question?
15
16
four, five, six paragraphs down. "Ms. Bert stated she did
You see that?
17
A.
Is there anything in this meeting that says that
18
Q.
19
the General Council approved a loan for payment of legal
19
20
fees on behalf of Jimmie Bert or Tammy Billie for
20
on Page 42, 43, or 45, that it says that on that date
21
attorneys Guy Lewis or Michael Tein?
21
there was a loan approved by the General Council,
They don't mention any attorneys.
22
Miccosukee General Council to pay legal fees to Lewis and
MR. CALLI: So who are they loaning the
23
Tein on behalf of Tammy Bert or -- I'm sorry, Tammy Billy
24
or Jimmie Bert?
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BY MR. ROMAN:
Q.
A.
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money to?
25
Okay.
Is there anything in these minutes under item --
25
MR. SCHEINBERG: For the record, most of
Yes.
A.
No, they do not mention Lewis and Tein.

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it is blacked out.
BY MR. ROMAN:
Q.
The part that you can read that says "Request,
Item 11." Page 68. "Request from Jimmie Bert."
Q.
The next General Council meeting, special General
Council meeting of Thursday, Thursday May 3rd, 2001, at
10:00 a.m., and this is -- let's go to Page 50 where it
says that "Louise and Tammy requested assistance for
A.
Uh - huh.
$30,000 to pay lawyer fees and will pay back through NTDR
Q.
The third page -- under Page 68, okay?
deduction."
A.
Yes.
Q.
And then it goes into Page 69 at the conclusion
A.
Yes.
Q.
Okay.
9
10
of Item 11. Is there anything in there that says that
You see that?
And then there is a Page 52, which is a signature
there has been a loan for legal fees on behalf of Jimmie
10
11
Bert and Tammy Billie approved by General Council on that
11
page. Is there anything on those minutes that shows
12
date?
12
approval of legal fees on behalf of Tammy Bert -- I'm
Let me read it again.
13
sorry, Jimmie Bert or Tammy Billie for legal fees?
MR. LOPEZ: And, for the record, you're
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A.
A.
They show approval of an advance on his
15
asking her to read the part that's not
15
councilman's retirement stipend and they show an approval
16
blacked out, which is three quarters of the
16
to excuse Louise and Tammy from their deduction on one of
17
page; correct?
17
their distributions -- their deduction to be paying back
18
money on whatever their loan was.
18
THE WITNESS: In this first part they
19
approved to advance Jimmie his year's worth
19
20
of ex-councilman stipend because he had
20
21
expenses as a result of a legal matter; and
21
22
in the other part it says that they agreed to
22
23
allow Louise and Tammy to receive their
23
24
December distribution without deductions.
24
25
Those were the things that were agreed.
25
Q.

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When you have testified or were questioning by
Lewis Teins' attorney -MR. CALLI: He won't say my name. He

won't E-Mail my either.
MR. ROMAN: I'm sorry?
MR. CALLI: I said you won't say my name
and you won't E-Mail me either, so...
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THE WITNESS: Lucky you.

BY MR. ROMAN:
Q.
When you were asked by Mr. Calli, the attorney
There's this schedule that I was asked to keep
2
3
for the purposes of -- if her family wanted to know the
Billie.
for Lewis Tein, about whether these loans were included on
the receivables, you said that they were; is that correct?
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A.
status and balance, that's why I have a schedule for Tammy
Q.
A.
Okay.
This amount would be part of the legal fees
A.
Yes.
Q.
Okay.
receivable that would appear in the books of the general
Now, what does that mean? What does it mean that
account of the Tribe.
they were included in the receivables?
Q.
Does the legal receivable that shows that money
Let me ask you this way. If I ask for the
10
that is owed by Tribal members for legal fees have one
receivables, was there a line that says loan by the
specific entry, one line that it says Tammy Billie and
amount of time that it would take to explain to you how
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14
accounting works and how general ledgers work and what a
15
Miccosukee Tribe to Jimmie Bert for this amount?
A.
I'm sorry, but I can't -- I do not have the
this is the amount?
A.
I already told you, it includes Tammy Billie and
other Tribal members.
Q.
But my question is not does it include everybody.
receivable looks like and what it looks like in the ledger
16
Does it include a whole amount, or does it break down per
17
as opposed to on a schedule. You're asking a question
17
Tribal member how much they owe?
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21
that doesn't make sense.
18
Q.
A.
Okay. And like I said before, I don't have the
19
time to explain exactly how accounting and general ledgers
that I say I want to go to the Tribe's financial records
20
work. If you look into a transaction listing of that
and I want to see where the loan that was given to Tammy
21
code, you will see entries to it. You will see entries
22
Billie to pay legal fees is reflected. Would I find a
22
that -- you will see debits for payments made to various
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25
line item that says Tammy Gwen Billie, this amount of
23
vendors for Tribal members for their attorney's fees; you
money that she owes the Tribe for payment of legal fees?
24
will see credits for deductions that -- from their money
25
that is paid back against those legal fees.
A.
Okay. Let me ask it this way. Let's suppose
No.
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Q.
A.
Would I find --
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As I already explained, her legal fees that she
ledger in the financial statements, you will not see a
Okay.
Q.
A.
Okay.
There's not -- no. If you go and look in the
owed, is in a line item where there are legal fees of
line that says Tammy Billie. No, you will not. I've
other Tribal members that are owed. So that would not
already explained that. I have a schedule for Tammy
show specifically which part is hers. I have a schedule
Billie and I told you the purpose of that schedule.
which details how much she owes because I was asked to
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Bert?
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keep track of that for the family members.
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owes.
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Q.
Q.
A.
Q.
Okay.
I've already told you this.
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Okay.
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Is the schedule that you have separate from the

listing of the money that is owed?
A.
The schedule is the listing of what money she
Okay.
When the Tribe prepares -- prepared the document
that it shows that money that is owed to the Tribe by

Tribal members --
A.
Q.
A.
Q.
For the Tribe.
Okay, what document are you talking about?
For whom?
A.
For who?
24
Q.
For Tammy Billie.
25
Q.

THE WITNESS: It's the same thing.
MR. LOPEZ: Asked and answered. There
is no line item that identifies each member.
She's testified to this ad nauseam.
MR. CALLI: I think the record needs to
be clear when you say that. What -- in
what -- in what screen? In what journal? In
what whatever? You know, its not -- I don't
think you've testified -- I need you to
clarify your testimony because I'm looking at
Exhibit 1.
THE WITNESS: Right, right, right. I
should say what the exhibit is, correct.
MR. ROMAN: Let me ask you this.
THE WITNESS: Because you're asking
general questions because you don't know how

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Would there be a line that identifies Jimmie
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it works.
BY MR. ROMAN:
Q.
Let me follow-up on what Mr. Calli is saying,
okay. You prepare a document every year that shows what

Tribal members owe the Miccosukee Tribe for legal fees;
correct?
A.
Q.
A.
No. What document are you talking about? No.

A document that shows what legal fees are owed by
Q.
Yes.
12
13
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A.
No.
Q.
A.
Q.
A.
Q.
A.
Q.
Okay.
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25
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And again --
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Is there a document -You don't have to -Okay, that's fine. I won't look at you.
Thank you.
Is there a document that is prepared as part of
the auditing where there is a line, whatever we call the

document, there is a line that says, this is the amount
outstanding from Tribal members to the Tribe for legal
fees?
A.
-- does that audited financial statement, does it
Q.
have a line that it shows the money that Tribal members

owe the Tribe for legal fees?
I would have to have an audited financial
A.
statement in front of me. I don't recall exactly how it's

broken down in that financial statement.
Q.
Based on experience over these 20 years, is it
broken down by Tribal members or is it broken down by

total?
10
Tribal members, like broken down by Tribal members?
11
1
2
3
4
5
6
7
8
9
In total, yes. And it would include everything
except for Billy's legal receivable, which has its own
answered.
BY MR. ROMAN:
Is it broken down by Tribal member?
Q.
A.
Q.
A.
Q.
In the audited financial statements?

Yes.
I don't think so. Other than Billy's perhaps.

Okay.

record at 6:05 p.m.
MR. ROMAN: I have another hour. I have
just been informed that co-counsel Pino, her
husband is unable to pick up her child from
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code.
Okay.
That total, is it as shown in this document as a
total? For example, let's pick a number.
Does it say
seven million dollars, eight million dollars, ten million

dollars, or does it say Tribal member X, one million;
Tribal member Z, one million.
A.
Q.
How is it reflected?
What document are we talking about?

Okay. Is there a document where you place, for
accounting purposes, the total that Tribal members owe the

Miccosukee Tribe on outstanding loans for legal fees?
A.
There is a line item in the general ledger which
And if any of them was to ask to see it, or would
21
That's the general ledger. They will see it in
the form of an audited financial statement.

No, they did not receive copies of the whole
general ledger because it's thousands of pages.
Q.
A.
inquire about it, of course it would be provided to them.
Q.
about --
A.
u h-huh.
MR. SCHEINBERG: Just to make it clear,

we're not agreeing to have her re-deposed.
MR. CALLI: Can I just ask -- you guys
can handle that. I just have five minutes,
so I don't know if anybody objects to that.
MR. ROMAN: We just got the call. We
really need to go. I'm the driver.
MR. CALLI: Two minutes.
MR. ROMAN: We just got the call. I
have to go. That's what I said.
MR. CALLI: I mean, I'll make it one
minute. I'll cut it down and ride on your
coattail if you're going to go ahead.
I just
wanted to ask three questions.

MR. ROMAN: Let me go ahead and finish
with the time that I have, the time that I
have left and then you can follow up.
MR. CALLI: You're saying, you want
to
-MR. ROMAN: We will finish at some other
time.

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up the child.
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The audited financial statement that you talked
reserve the right to use the other hour left,

as I'm the driver, and there's nobody to pick
12
Now, the audited financial statement --
Is that general ledger shown to the Business
Council?
A.
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tracks legal fee receivables for Tribal members.
daycare. So I'm going to go ahead and break,
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you're going to ask your three questions,
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however, you're not saying that I do not have
the ability to reserve my one hour?
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MR. CALLI: I just need to get three

questions out while we're arguing, Bernie
that has nothing to do with prolonging the
thing. I just want to ask three questions.
MR. ROMAN: You're going to ask --
11
12
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14
Do you know where?
A.
No.
Q.
Did Mr. Roman ever ask you for originals or
copies of any documents?
A.
Q.
I don't remember. Possibly.

Are these true and correct copies of the
originals?
A.
Well, these are copies of copies of originals,
yes.
MR. ROMAN: -- and to her attorney.
10
11
MR. CALLI: I'm not going to -- with all
12
MR. LOPEZ: Well, I just have to say
13
14
something for the record, to get a commitment
to leave that dispute to you and --
due respect to both of you, I'll take no

position in that regard.
16
17
18
19
20
21
22
23
24
25
be able to finish up and then you ask and I

can redirect or recross, that way you don't
ask something then I need to ask.
MR. CALLI: I'm not going to object to
you doing that. I will not -- I will not
object if that eventuates.
MR. ROMAN: Do I have the same
commitment from Mr. Lopez?
MR. LOPEZ:
MR. ROMAN: Counsel, those are the three

questions.
from Mr. Roman, okay.

I understand. I have kids. Everybody
15
MR. ROMAN: I think that I would rather
15
16
17
18
19
20
21
22
23
24
25
MR. CALLI: I'm not going -- I'm going
9
10
Q.
How long are you going to --
MR. CALLI: What he's asking, I think is
has kids, so in light of that do we have a

commitment from you that the subsequent
deposition is limited to one hour?
MR. ROMAN: That will be fine as long as
nothing new comes up, meaning that during
that deposition we will go one hour.
MR. LOPEZ: Right.
MR. ROMAN: If Mr. Calli has questions,
then I will be allowed to recross and then,
obviously, it will beyond the one hour.
(305) 324-5431
(305) 324-5431
220
218
1
2
3
4
5
6
7
8
9
if you all have this dispute and can't
2
3
4
5
resolve it, and it's resolved in his favor,

will you object if, by me asking a few
questions now, then he has to ask sort of re
redirect.
MR. ROMAN: I think, because of the
7
8
9
10
11
12
13
14
circumstances, I think it's better that we

just go.
REDIRECT EXAMINATION
MR. ROMAN: And that will be one hour
I got to ask these questions, Bernie. Just three
questions, and I could ask them while you're packing up

your stuff. It just pertains to the exhibits you've
produced which is Exhibit 3.
the answers take five minutes, then obviously

it's cutting into the hour.
MR. LOPEZ: What I'm trying to -- what
I'm trying to avoid is another seven hour
deposition.
MR. REYES: It's one hour, period.
MR. ROMAN: Yeah, I understand this.
11
12
13
14
15
16
This has been a 7 hour deposition because

there have been two sides. It's not a
seven hour one way. So I don't believe there
will be a 7-hour deposition.
MR. LOPEZ: As long as we don't have to
15
16
17
from, Exhibit 3?
17
conceived and in what bedroom, then I think
18
copies came from were something that I had in my office
18
we can limit it to an hour.
19
because of what was going on in this case and I had been
19
20
transporting the many depositions that Bernie gave me back
20
Subject to any extraordinary matter,
21
22
23
24
25
and forth between home and the Tribe to try to read
21
one hour.
through them for preparation and I inadvertently picked
22
MR. LOPEZ: Right.
these up along with it.
23
MR. ROMAN: Absolutely. Thank you.
Who had -- where did you get these documents
A.
Those copies -- well, the copies that these
Q.
Do you know where the originals are?
24
A.
They would be at the Tribe.
25
discuss when Billy Cypress's kids were
MR. REYES: Limited to one hour.
(Thereupon, the taking of the deposition

was adjourned.)

(305) 324-5431
(305) 324-5431
55 of 83 sheets
--
one hour to ask questions, not one hour -- if
10
BY MR. CALLI:
Q.
MR. LOPEZ: Right, okay.
Page 217 to 220 of 225
02/03/2013 06:30:03 PM
223
2
221
(Reading, signing, and notice of filing
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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25
were not waived.)
TO:
Jodi Goldenberg
RE:
Miccosukee Tribe
VS.
Lewis and Tein
CASE NO. 12-12816 CA 40
Dear JODI RAE GOLDENBERG:

This letter is to inform you that the transcript of your
deposition taken in the above-styled cause is ready for
reading and signing.
It is available as of today, should you choose to
read and sign, at Edmee Prats Court Reporting Service,
located at 1442 N.W. 13th Terrace.
The transcript will be available for ten days and
will then be forwarded to the ordering attorney.
Yours Sincerely,
Joanne Caudill, Court Reporter

Notary Public, State of Florida

(305) 324-5431
(305) 324-5431
224
222
CERTIFICATE
DEPONENT'S SIGNATURE
STATE OF FLORIDA
:
JODI RAE GOLDENBERG
SS
COUNTY OF MIAMI-DADE
Sworn to and subscribed to before me

this
day of
I, JOANNE CAUDILL, Court Reporter and Notary
, 2013.
Public in and for the State of Florida at Large, do hereby

certify that I reported the deposition of JODI RAE
GOLDENBERG, taken before me at the time and place stated
NOTARY PUBLIC
in the caption thereof.
My Commission Expires: 9/14/13
I further certify that said witness was duly

sworn according to law; that I am not a relative,
employee, attorney, or counsel of any of the parties'
attorney or counsel connected with said cause, nor am I
financially interested in said cause.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal this 2nd day of February,
2013.
JOANNE CAUDILL, COURT REPORTER

NOTARY PUBLIC/STATE OF FLORIDA

(305) 324-5431
02/03/2013 06:30:03 PM
Page 221 to 224 of 225

(305) 324-5431
56 of 83 sheets
225
ERRATA SHEET
I do hereby acknowledge that I have read this
transcript and find it to be accurate except for the
corrections noted below.
LINE
PAGE
LINE
PAGE
LINE
PAGE
LINE
PAGE
PAGE
LINE
LINE
PAGE
PAGE LINE
LINE
PAGE
PAGE LINE
PAGE
LINE
J
J
J
J
_
_
Signed and dated this
day of
2013.

(305)324-5431
57 of 83 sheets
Page 225 to 225 of 225
02/03/2013 06:30:03 PM
98:24
1099 MI - 97:24,
98:4, 99:1
$10,000
[2] -
52:25,
53:4
$15,000 [1] -
147:12
$30,000 [1] - 208:5
'03 [1] - 44:19

'06 [1] - 130:9
'07 [2] - 130:20,
130:22
'09 [3] - 131:14,
132:7, 132:8
'92 [3] - 114:10,
114:11, 114:12
'98 [1] - 86:12
'Jimmie [1] - 84:17
'Tammy [1] - 85:24
'under [1] - 188:1
0
09 [1] - 131:16
I
3:6, 3:9,
3:9, 30:22, 38:25,
42:3, 53:25, 54:23,
54:25, 58:10, 58:23,
59:6, 62:13, 62:18,
64:19, 69:12, 81:4,
81:14, 83:21, 84:24,
86:3, 86:6, 152:2,
152:4, 152:13,
152:15, 152:18,
152:21, 159:18,
172:4, 172:21,
173:22, 174:21,
183:4, 183:7, 183:8,
183:10, 184:4,
189:25, 212:20
10 [13 - 146:22
1
[40] -
10/25/12 [2] -
126:25, 127:2
100 [4] - 1:17, 2:9,
4:5, 145:6
102 [1] - 2:13
1069-001 [6] -
43:24, 50:5, 50:6,

59:14, 61:9, 69:22
1078 [1] - 96:14
1078-001 [1] - 50:1
1096 [2] - 98:17,
02/03/2013 06:30:03 PM
1099's [9] - 98:3,
98:5, 98:6, 98:12,

98:13, 98:19, 99:3,
102:5, 102:15
10:00 [3] - 204:16,
207:7, 208:3
10th [4] - 178:7,
183:11, 190:8,
200:2
11 [2] - 206:4,
206:9
11/5/90 [1] - 74:8
114 [1]- 2:21
11:39 [11- 193:12
11TH [1] - 1:1
12-12816 [2] - 1:4,
223:7
1250 [1] - 2:4
12:14 [2] - 1:19,
4:4
12:23 [1] - 11:6
12:24 [1] - 11:11
12:47 [1] - 27:2
12:49 [1] - 27:7
13 [1] - 79:17
13th [1] - 223:12
14 [1] - 73:23
1442 [11 - 223:12
15[2]-69:11,
69:12
151,000 [1 ] -
130:24
152 [1] - 3:9
15th [2] - 183:23,
189:10
17 [1] - 70:12
184 [1] - 3:9
198 [1] - 3:10
1991 [1] - 114:24
1992 [3] - 114:5,
114:7, 114:10
1998 [4] - 81:24,
204:16, 205:1,
205:6
19th [1] - 155:22
1:14 [1] - 183:12
1:22 [1] - 49:4
1:29 [2] - 183:23,
189:10
1:32 [1] - 49:9
1st [2] - 1:18, 4:3
2
2 [281- 3:6, 3:9,
49:11, 49:15, 50:16,
52:21, 58:19, 59:9,

59:18, 60:24, 81:5,
81:6, 96:13, 123:22,
126:20, 146:5,
146:11, 146:14,
148:20, 151:15,
157:25, 159:4,
159:19, 166:25,
174:14, 183:21,
183:22, 184:5
2.3 [1] - 44:17
20 [11] - 30:25,
67:18, 100:3,
133:16, 135:5,
144:8, 146:22,
147:5, 163:3,
163:14, 215:7
2000 [8] - 77:15,
77:16, 78:19, 81:24,
134:8, 178:6,
199:17, 207:7
2001 [1] - 208:2
2002 [1] - 114:10
2003 [5] - 38:19,
38:20, 42:15, 42:16,
44:15
2004 [1] - 123:10
2005 [3] - 73:5,
164:17, 172:22
2006 [15] - 148:2,
148:9, 150:2, 150:8,
150:9, 159:3, 161:2,
161:8, 161:21,
164:4, 166:24,
167:2, 167:5, 167:7,
173:4
2007 [5] - 130:14,
130:19, 148:12,
164:8, 173:7
2008 [3] - 148:14,
164:10, 173:10
2009 [8] - 123:14,
148:15, 148:16,
150:9, 161:2, 161:8,
161:21, 164:14
2010 [27] - 38:3,
62:8, 62:11, 70:13,
73:5, 86:12, 114:5,
114:7, 114:13,
123:17, 124:7,
134:9, 134:10,
136:20, 142:6,
142:14, 143:6,
143:24, 144:3,
144:14, 154:14,
155:22, 155:23,
157:9, 164:2,
164:11, 199:17
2011 [3] - 145:12,
174:20
2012 [17] - 42:18,

80:15, 102:13,
124:13, 131:19,
131:22, 145:16,
174:15, 174:20,
176:12, 176:13,
191:20, 191:24,
192:2, 192:6,
192:13, 192:22
2013 [14] - 1:18,
4:4, 178:7, 183:11,
183:13, 183:23,
189:3, 189:10,
190:8, 190:18,
193:5, 222:7,
224:20, 225:12
20th [1] - 80:14
21 [5] - 8:10, 8:12,
30:25, 47:5, 133:16
218 [1] - 2:22
21st [3] - 42:18,
174:15, 174:20
22-pages [2] -
56:11, 58:7
22nd [2] - 8:15
25th [2] - 124:13,
193:5
26th [4] - 191:15,
191:19, 191:20,
191:24
27th [1] - 2:4
28th [3] - 71:22,
72:6, 72:12
2924 [1] - 2:13
2:17 [13 - 69:8
2:45 [1] - 195:18
2nd [1] - 224:19
3
3 [22] - 3:7, 3:10,
56:18, 56:20, 57:7,
58:9, 61:23, 62:23,
66:13, 69:10, 69:11,
74:1, 80:13, 81:10,
82:4, 88:1, 198:13,
198:17, 204:17,
218:14, 218:16
3-1 [1] - 58:5
3-16 [2] - 69:20,
69:22
30 [1] - 3:6
30th [3] - 62:8,
70:13, 192:13
31st [1] - 192:22
33131 [2] - 1:18,
2:10
33135 [1] - 2:5
33314 [1] - 2:13

(305) 324-5431
3:12 [1] - 99:13

3rd [4] - 77:16,
78:19, 207:7, 208:2
4
4 [14] - 3:7, 65:8,
6512, 65:16, 65:22,
68:16, 68:18, 76:21,
84:16, 85:5, 105:8,
157:20
4-year [1] - 66:4
40 [1] - 223:7
42 [2] - 207:9,
207:20
4200 [21- 1:17, 2:9
43 [1] - 207:20
45 [1] - 207:20
49 [13 - 3:6
4:31 [1] - 157:15
4:37 [1] - 157:21
4th [13] - 183:13,
184:14, 184:17,
185:23, 186:20,
189:2, 190:13,
190:18, 194:20,
195:5, 195:17,
201:10, 201:12
5
5 [11] - 2:20, 3:8,
68:17, 68:22, 69:1,
73:23, 81:23, 85:23,
86:23, 204:8,
204:10
5-3 [1] - 74:7
5-4 [1] - 76:15
50 [3] - 93:20,
93:21, 208:3
52 [1] - 208:10
56 [1] - 3:7
5th [3] - 204:16,
204:25, 205:6
6
6 [8] - 3:8, 79:25,
80:3, 80:15, 86:11,
86:13, 102:24
6166 [1] - 59:5
65 [1] - 3:7
68 [4] - 3:8, 204:18,
206:4, 206:6
69 [1] - 206:8
6:05 [1] - 215:22
6:20 [1] - 1:19
58 of 83 sheets
[2] - 29:18, 140:11

accommodating
[1] - 44:11
701- 220:11
7-hour [1] - 220:14
79 [1] - 3:8
8
8 [4] - 77:10, 86:11,
86:14
8053 [1] - 69:16
8078-001 [2] - 44:1
8166 [2] - 59:5,
59:6
[17] -
129:16, 131:7,
151:6, 154:21,
155:4, 155:6, 155:9,
155:14, 166:24,
172:3, 172:10,
172:14, 173:22,
174:13, 174:14,
174:19, 224:14
A
a.m [5] - 185:25,
193:12, 204:16,
207:7, 208:3
A/R [1] - 85:24
A/R' [1] - 84:17
ability [2] - 24:10,
217:8
able [io] - 7:6,
27:15, 36:3, 46:23,
57:23, 64:13,
163:11, 182:2,
188:23, 217:16
above-styled [1] -
[2] -
absolutely [4]
113:5, 182:9,
193:20, 220:23
accounting [15] -
15:10, 43:15, 47:22,

53:18, 61:12, 64:7,
64:10, 69:25,
101:21, 103:10,
104:9, 105:3,
209:15, 211:19,
214:10
Accounting [1] -
114:18
accounts [11] -
33:8, 33:18, 80:16,

80:22, 86:17, 98:23,
102:4, 103:11,
158:21, 159:12
accurate [41
19:19, 32:25, 51:8,

225:2
accusation
[3] -
10:5, 28:17, 29:23

49:19, 225:2
- 94:6
73:3, 73:10
150:18, 150:21,
150:22
accommodate [5]
28:22, 29:2, 29:9,

141:7, 175:18
accommodated
administration
[21] - 13:9, 20:13,

20:19, 20:24, 21:13,
21:16, 32:9, 32:18,
59:23, 65:4, 65:5,
122:19, 126:9,
141:20, 143:17,
160:3, 160:20,
160:24, 161:3,
161:8, 161:14
Administration [2]
- 20:17, 163:17
administrative [2]
- 19:23, 20:21
Administrative [2]
- 20:18, 161:24
administrator [11 -
45:20
[3] -
Acosta's
60:21,
[2] -
59:21, 70:6
action [4] - 63:4,
65:14, 65:25, 70:16
ad [11- 212:13
add [4] 14:4,
149:7, 149:8, 174:2
added [2] - 14:11,
149:4
addition [6] - 77:6,
146:11, 151:14,
161:13, 162:6,
162:16
-
affidavits [1] affix [1] - 57:22

affixed [1] - 224:19
afford [1] - 56:16
afield [1] - 203:24
afterwards [1] -
38:23
Agency [1] -
138:20
agent [1] - 198:22
ago [9] - 6:11,
14:7, 40:8, 53:23,

75:22, 75:23,
119:19, 121:21,
147:5
agree [6] - 35:4,
44:10, 101:3,
143:24, 151:6,
204:25
agreed
22:20, 77:1, 206:19,

208:14
advancements [i]
- 79:8
[2] -
80:17, 86:25
[2] -
108:24, 109:13
advice [3] - 40:1,
40:12, 40:13
advise [4] 40:8,
41:3, 41:8, 181:8
-
advised [2] -
41:20, 200:18
advising [1] -
200:25
affairs [2] - 36:24,
36:25
affidavit [6] -
103:1, 103:2, 103:5,

103:8, 103:12,
113:16
27:22, 30:25, 47:5,

67:17
alongside
[2]
114:4, 114:6
103:15
[2] -
206:22, 206:25
agreeing [1] -
216:6
agreement [4] 38:2, 39:9, 40:3,
65:15
ahead [6] - 23:10,
39:6, 39:16, 216:1,
216:17, 216:19
air [1] - 7:13
Alina [3] - 61:6,
61:9, 70:11
allegation [1] -
adult [1] - 88:18

advance [4]
adverse
181:18, 185:13,
201:6
access [5] - 21:24,
47:25, 48:1, 95:21,
104:14
accident [3] -
adjustments [2] -
advances
acknowledges [1]
Acosta
95:25
59 of 83 sheets
8:5, 8:9, 21:9, 61:8,

86:4, 188:13
abundance [3] -
accessible [1] -
addressing [1] -
145:21, 145:22
acknowledge [2] -
223:10
[7] -
220:25
accountant [6] -
42:12, 172:14
90 [1] - 138:5
addressed
32:16, 45:25, 46:7,

62:1, 88:3, 189:11,
1 91:24
adhere [1] - 98:2

adjourned [1] -
22:13, 28:4
9 [1] - 78:18
9/14/13 [1] - 222:10
9/30/2003 [2] -
187:6, 187:7,
187:10, 187:14,
194:2, 196:20,
196:22
199:13
account [6] -
38:18, 158:9,
158:11, 158:16,
185:4, 211:8
Affidavit [2] - 80:4,
80:14
address [7] -
according
accountancy
additional [1] -
199:5
118:1
allegations
[15] -
52:5, 88:6, 110:2,

110:25, 118:5,
118:7, 118:8,
118:10, 118:13,
118:20, 119:7,
120:1, 120:6, 121:8,
172:18
allege [1] - 110:23
alleged [4] 51:22,
118:15, 118:17,
151:24
alleges [1] - 96:3
-
alleging
[2] -
121:16, 121:22
allow [5] - 77:25,
110:7, 111:3, 112:6,
206:23
allowed [6] -
137:17, 142:9,
143:11, 143:21,
203:19, 219:24
almost [5] - 7:5,

(305) 324-5431
amount [35] -
34:15, 52:22,
127:10, 128:15,
128:22, 128:23,
128:24, 129:2,
129:10, 129:12,
129:13, 130:11,
130:21, 131:9,
131:15, 139:25,
140:4, 149:19,
154:18, 154:20,
155:9, 158:24,
159:22, 174:20,
207:3, 207:13,
209:12, 209:14,
209:23, 211:6,
211:12, 211:16,
213:21
amounts [5] 46:24, 54:7, 54:22,
58:25, 129:4
ancillary [1] 81:20
AND [1] - 1:1
Andrew [1] - 148:7
announce [1] 4:15
annual [4] - 88:9,
90:3, 90:7, 91:5
answer [39] - 6:23,
7:6, 7:18, 24:5,
24:11, 24:13, 24:14,
25:18, 27:15, 40:21,
41:17, 82:16, 83:14,
83:16, 111:20,
117:9, 119:9,
120:16, 135:11,
135:15, 166:19,
168:21, 170:21,
171:21, 175:19,
186:25, 188:11,
195:15, 195:22,
197:9, 202:6,
202:14, 202:16,
202:18, 202:23,
203:10, 203:16
answered [9] -
41:16, 131:24,
166:11, 168:8,
168:14, 179:13,
179:18, 212:11,
215:11
answering [3] -
6:22, 83:17, 195:12

answers [1] -
220:4
02/03/2013 06:30:03 PM
anticipate [1] 185:12

anticipated [1] 111:9
anyway [1] 200:23
apart [1] - 199:7
Appeal [1] - 107:16
appear [13] - 8:23,
9:10, 9:21, 18:23,
59:9, 59:15, 69:19,
70:17, 72:19, 82:25,
187:7, 192:12,
211:7
APPEARANCES
[1] - 2:1
appearances [1] 4:16
appearing [1] 203:23
applicable [1] 23:19
applied [1] 151:16
applies [1] - 180:4
apply [1] - 188:2
appreciate [1] 188:24
approach [1] 194:7
appropriate [2] 6:25, 33:21
approval [6] - 10:9,
67:12, 68:8, 208:12,
208:14, 208:15
approved [18] 11:24, 12:19, 12:22,
20:22, 22:23, 23:2,
45:17, 67:11, 82:23,
82:24, 84:14, 88:2,
165:9, 205:7,
205:19, 206:11,
206:19, 207:21
April [3] - 70:13,
155:22, 155:23
arguing [2] - 7:7,
217:2
arising [1] - 185:13
arrangement [1] 17:7
arrangements [3] 181:23, 185:18,
201:14
arrived [1] - 103:14
articulated [3] 15:2, 28:10, 38:16
aside [2] - 55:22,
79:22
aspect [1] - 97:12
assert [2] - 10:13,
02/03/2013 06:30:03 PM
179:20
asserted [1] 45:20
assertion [1] 179:13
assistance [9] 15:21, 15:23, 15:24,
76:4, 76:8, 78:25,
79:2, 86:24, 208:4
assistant [1] - 84:2
Assistant [2] 177:15, 178:1
assistants [1] 47:10
assists [1] - 36:24
associated [1] 87:16
assume [5] 13:21, 40:25,
111:19, 112:20,
193:12
AT [1] - 2:4
attached [10] 85:25, 95:24, 107:3,
177:10, 177:17,
177:18, 177:25,
178:2, 192:9,
193:21
attaching [1] - 99:1
attend [2] - 11:18,
185:7
attended [3] 11:19, 99:25, 200:4
attention [1] 31:19
attorney [97] 5:19, 6:11, 8:22,
23:6, 23:7, 23:11,
23:13, 23:16, 23:17,
24:1, 24:4, 24:10,
24:22, 25:7, 37:25,
38:5, 38:6, 40:24,
41:1, 41:5, 49:16,
73:22, 80:4, 91:25,
93:6, 93:16, 93:24,
110:8, 110:11,
115:5, 115:6,
117:25, 119:1,
119:4, 119:10,
123:18, 123:19,
123:20, 158:9,
175:8, 176:12,
176:20, 178:4,
179:9, 180:17,
180:25, 181:3,
181:4, 181:7, 181:9,
181:11, 181:19,
181:21, 181:23,
182:1, 182:3,
184:12, 185:5,
185:8, 185:9,
185:14, 185:15,
185:17, 187:18,
188:10, 188:11,
188:15, 188:16,
189:16, 194:21,
196:21, 197:2,
197:3, 197:11,
197:12, 199:22,
200:14, 200:22,
201:14, 201:19,
201:20, 201:21,
201:23, 202:1,
202:4, 202:21,
202:24, 203:1,
203:13, 204:5,
208:20, 209:3,
217:11, 223:13,
224:15, 224:16
ATTORNEY [1] 2:4
attorney's [2] 40:1, 211:23
attorney-client [15]
- 23:6, 23:11, 23:17,
24:1, 37:25, 41:5,
119:1, 119:10,
182:3, 197:11,
200:22, 202:1,
202:21, 202:24,
203:13
attorneys [17] 24:12, 24:14, 24:18,
25:2, 92:6, 101:5,
111:4, 119:14,
119:25, 121:6,
184:25, 202:11,
203:8, 205:1, 205:3,
205:21, 205:22
audible [1] - 25:16
audit [11] - 90:7,
91:2, 91:5, 92:2,
92:8, 92:17, 93:4,
93:17, 94:2, 94:6,
94:11
audited [12] 88:21, 89:2, 95:17,
95:19, 95:21, 96:5,
214:17, 214:20,
214:23, 215:1,
215:4, 215:14
auditing [1] 213:20
auditor [12] - 89:8,
89:12, 89:15, 91:4,
91:12, 93:7, 93:10,
94:6, 94:12, 94:14,
94:22, 95:2
auditor's [1] 95:22
audits [1] - 88:10

August [4] 131:14, 131:16,
132:7, 132:8
authority [8] 109:9, 141:16,
141:18, 142:21,
143:25, 144:4,
144:7, 144:9
authorize [2] 108:2, 108:7
authorized [7] 10:19, 61:5, 70:10,
107:14, 108:1,
108:3, 144:11
availability [3] 72:6, 72:7, 72:9
available [8] 72:12, 72:14, 72:17,
72:18, 72:22, 73:1,
223:11, 223:12
availed [1] - 39:9
Avenue [1] - 2:4
avoid [1] - 220:7
aware [43] - 6:8,
13:3, 13:7, 15:4,
16:24, 18:2, 18:9,
18:12, 18:20, 19:9,
19:12, 22:2, 26:15,
26:20, 31:4, 31:7,
31:9, 32:13, 32:18,
37:12, 45:21, 48:3,
52:13, 84:11, 89:18,
90:17, 98:9, 101:8,
103:10, 105:20,
114:25, 118:12,
138:23, 139:1,
142:8, 147:18,
147:22, 162:20,
163:8, 169:4,
171:16, 171:25,
172:16
B
Bachelor's [1] 114:18
background [1] 114:16
backup [5] - 43:15,
63:14, 64:1, 137:14,
171:6
backwards [2] 64:13, 190:15
bad [1] - 38:13
balance [14] - 42:6,
126:24, 149:5,
149:9, 149:10,
154:2, 154:3, 154:5,

(305) 324-5431
156:14, 159:22,
172:5, 174:14,
207:13, 211:3
balances [1] 92:10
bank [1] - 90:11
Bar [5] - 112:6,
112:12, 112:18,
112:22, 113:2
Barbara [1] - 126:7
based [4] - 99:22,
111:25, 179:11,
215:7
basis [2] - 23:6,
66:1
BC [1] - 159:13
BCLT 01- 154:10
bear [3] - 45:24,
50:1, 69:16
bearing [1] - 147:6
became [4] 27:20, 31:3, 142:8,
145:20
become [2] 118:12, 134:7
bedroom [1] 220:17
began [1] - 147:25
begin [1] - 6:23
beginning [7] 114:13, 116:19,
123:17, 134:8,
157:19, 164:2,
164:11
begins [2] - 74:22,
109:23
behalf [38] - 2:2,
2:7, 2:12, 4:21, 5:2,
15:18, 15:24, 23:18,
32:25, 37:25, 38:9,
41:5, 67:20, 91:16,
104:15, 104:18,
111:17, 115:16,
120:1, 121:6, 129:7,
129:18, 131:5,
149:17, 156:10,
181:17, 185:11,
188:3, 188:5,
192:11, 197:5,
197:6, 203:22,
205:20, 206:10,
207:23, 208:12
belief [10] - 26:5,
39:14, 66:16, 115:8,
115:11, 115:17,
116:2, 116:8,
176:17, 178:3
belong [1] - 197:17
below [1] - 225:3
benefit [2] - 46:8,
60 of 83 sheets
112:8
Bennett [2] -
14:25, 71:18
Bermudez [34] 10:12, 10:21, 12:3,
12:18, 13:5, 15:5,
16:5, 17:1, 17:5,
19:8, 31:9, 36:9,
37:15, 54:15, 55:8,
55:13, 65:24, 66:22,
74:18, 75:2, 75:8,
75:18, 76:7, 81:19,
82:2, 83:12, 84:13,
97:19, 97:20,
106:21, 184:22,
188:15, 188:16
Bermudez's [1] 185:5
bernardo [1] - 4:21
Bernardo [2] 80:4, 80:14
BERNARDO [2] 2:3, 2:5
Bernie [23] - 9:18,
30:11, 31:11, 45:12,
47:7, 67:14, 72:3,
82:10, 93:19,
104:17, 107:9,
109:14, 125:24,
185:21, 186:22,
192:17, 193:2,
195:23, 196:13,
199:19, 217:2,
218:11, 218:20
Bert [89] - 10:7,
10:9, 11:23, 12:3,
12:8, 12:11, 12:17,
13:4, 15:4, 16:4,
16:25, 17:4, 18:3,
18:5, 19:7, 19:16,
22:9, 26:10, 35:12,
36:12, 36:13, 36:15,
36:19, 36:23, 37:3,
37:14, 38:4, 40:6,
48:22, 54:19, 55:15,
55:20, 62:17, 63:7,
63:20, 70:23, 74:15,
74:17, 74:20, 74:23,
74:25, 75:5, 76:7,
76:23, 77:12, 77:21,
77:22, 78:22, 78:23,
79:18, 80:17, 81:16,
81:17, 81:23, 83:11,
84:11, 84:17, 84:18,
84:21, 85:3, 85:9,
86:18, 88:2, 115:12,
115:18, 116:4,
168:16, 168:24,
169:8, 169:11,
171:8, 171:9,
61 of 83 sheets
171:13, 184:22,
184:24, 204:18,
205:1, 205:20,
206:4, 206:11,
207:4, 207:11,
207:12, 207:23,
207:24, 208:12,
208:13, 209:12,
212:8
Bert' . [1] - 74:15
Bert's [5] - 45:24,
54:17, 54:19, 85:6,
169:5
Berts [3] - 10:19,
79:4, 86:23
best [2] - 187:2,
187:22
better [2] - 46:23,
218:7
between [8] 27:21, 30:6, 51:23,
134:1, 141:21,
162:17, 197:10,
218:21
beyond [1] 219:25
big [5] - 17:11,
17:22, 82:12, 87:9,

87:20
bigger [1] - 129:12
billed [1] - 52:6
Billie [134] - 10:7,
10:9, 10:19, 11:23,
12:2, 12:9, 12:11,
12:17, 13:4, 15:5,
16:4, 16:18, 16:21,
17:1, 17:5, 18:3,
18:6, 19:8, 27:20,
35:13, 37:14, 38:4,
38:19, 40:5, 54:17,
62:2, 62:3, 62:22,
63:20, 70:16, 78:23,
79:4, 80:18, 81:15,
83:11, 84:12, 84:21,
85:7, 85:24, 86:2,
86:18, 87:25, 88:4,
88:5, 108:7, 109:5,
115:19, 116:4,
123:13, 123:15,
143:18, 143:20,
143:25, 144:3,
169:13, 169:14,
169:18, 169:21,
170:2, 170:5,
171:18, 172:4,
174:5, 174:6,
174:21, 175:13,
176:21, 176:23,
177:21, 177:23,
184:23, 184:25,
205:2, 205:20,
206:11, 208:13,
209:22, 209:23,
210:25, 211:4,
211:11, 211:13,
212:4, 212:6
Billie's [1] - 173:22
Billie/wrongful [1]
- 63:3
bills [7] - 12:20,
16:12, 71:1, 71:4,
71:7, 71:9, 77:9
Billy [113] - 16:15,
16:25, 19:16, 22:9,
26:10, 49:24, 50:9,
50:12, 50:13, 50:14,
51:16, 51:23, 52:3,
55:15, 55:20, 77:17,
78:15, 79:12, 81:7,
81:8, 81:9, 86:23,
87:9, 87:19, 89:1,
89:5, 89:10, 89:18,
90:24, 91:20, 94:14,
95:8, 95:22, 96:4,
96:14, 97:7, 101:9,
101:24, 114:9,
115:7, 115:8, 122:5,
123:2, 123:21,
124:6, 124:15,
126:19, 129:7,
129:19, 131:5,
132:12, 132:17,
133:7, 139:2, 148:1,
148:7, 148:9,
148:12, 148:14,
148:20, 149:2,
149:17, 150:20,
150:23, 151:3,
151:7, 151:8,
151:12, 151:18,
153:9, 154:1,
154:20, 155:4,
155:10, 155:14,
155:23, 156:11,
156:14, 156:16,
156:20, 158:2,
158:5, 158:17,
158:23, 159:2,
159:5, 159:7,
159:11, 160:2,
160:13, 160:14,
160:17, 162:4,
162:10, 162:17,
162:21, 162:25,
163:5, 163:9,
164:19, 165:9,
165:23, 167:13,
167:22, 168:6,
170:12, 170:16,
171:5, 198:25,
207:23, 220:16
Billy's [6] - 50:4,

50:11, 141:1,
150:17, 213:25,
215:16
blacked [2] 206:1, 206:16
blank [1] - 79:14
blurry [3] - 128:6,
128:9, 130:6
bodies [1] - 78:24
body [5] - 10:11,
14:1, 14:8, 18:17,

108:1
book [1] - 80:22
booked [5] - 17:16,
17:23, 43:16, 88:23,

97:6
booking (4] -
19:16, 19:25, 20:10

books [8] - 17:17,
43:4, 51:14, 80:13,
80:15, 84:17, 85:23,
211:7
borrowing [1] 167:14
boss [4] - 22:16,
100:14, 133:10,
133:12
bosses [2] - 133:6,
136:9
bottom [4] - 58:1,
131:11, 154:18,
204:17
break [3] - 7:11,
211:16, 216:1
briefly [1] - 6:20
bring [10] - 26:4,
48:14, 56:7, 132:21,
182:1, 185:14,
185:17, 197:1,
197:3, 201:6
bringing [2] 39:10, 175:20
broad [1] - 63:23
broadly [1] - 97:12
broke [1] - 56:3
broken [6] 159:25, 213:10,
215:6, 215:8,
215:13
brothers [1] 122:8
brought [2] - 56:3,
137:17
Broward [1] 102:20
budget [1] - 90:4
building [7] 122:19, 122:25,
123:5, 123:8,

(305) 324-5431
126:10, 126:18,
138:20
bunch [2] - 153:25,
194:25
Business [31] 13:9, 16:21, 16:24,
18:18, 18:19, 19:22,
22:2, 22:5, 67:24,
76:1, 76:9, 76:11,
76:12, 78:10, 86:13,
88:13, 90:19, 99:16,
100:6, 101:11,
101:14, 101:22,
107:11, 107:24,
108:1, 108:3,
122:15, 148:2,
148:4, 185:16,
214:14
business [3] 94:4, 194:3, 201:25
but.. [1] - 180:14
BY [77] - 2:5, 2:6,
2:6, 2:10, 2:11,
2:14, 2:14, 2:15,
2:21, 2:22, 2:23,
5:9, 6:4, 11:16,
14:6, 25:5, 26:1,
27:8, 30:24, 42:1,
44:14, 48:19, 49:22,
52:2, 54:24, 57:6,
57:17, 58:12, 65:10,
69:9, 80:2, 80:12,
83:3, 83:9, 83:20,
90:2, 95:1, 99:14,
114:2, 114:14,
116:25, 117:12,
119:22, 121:4,
125:8, 135:16,
147:8, 152:23,
153:8, 157:22,
160:7, 166:21,
168:10, 168:15,
175:10, 176:10,
178:21, 180:15,
184:6, 190:3, 191:7,
195:24, 199:20,
200:24, 201:22,
202:3, 202:7, 203:7,
204:2, 204:14,
205:17, 206:2,
207:1, 209:2, 213:2,
215:12, 218:10
BYRON [1] 133:23
Byron [16] 122:13, 122:14,
125:18, 133:23,
133:25, 178:9,
178:10, 178:12,
178:13, 183:24,
02/03/2013 06:30:03 PM
189:11, 193:16,
196:14, 200:6,
200:7
CA [1] - 223:7
CA-40 [1] - 1:4
calculator [3] -
156:23, 157:1,
174:1
Calli [8] - 4:17,
6:10, 13:11, 24:17,
112:23, 209:3,
213:3, 219:23
CALLI [87] - 2:10,
2:21, 2:23, 4:17,
5:9, 6:4, 10:23,
11:4, 11:12, 11:16,
13:12, 13:18, 13:20,
14:6, 24:6, 24:21,
25:5, 26:1, 26:20,
27:8, 30:24, 38:11,
42:1, 44:2, 44:14,
48:19, 49:13, 49:22,
51:25, 52:2, 54:24,
56:9, 56:23, 57:6,
57:17, 58:3, 58:12,
65:10, 68:15, 68:20,
69:9, 80:2, 80:9,
80:12, 82:16, 82:19,
83:3, 83:9, 83:16,
83:20, 90:2, 95:1,
99:14, 109:17,
110:15, 111:12,
111:15, 113:1,
152:4, 153:2, 153:7,
159:15, 178:19,
179:10, 180:13,
182:7, 182:10,
183:2, 183:6,
183:16, 183:20,
203:18, 204:10,
205:23, 208:21,
208:24, 212:14,
216:7, 216:12,
216:15, 216:22,
217:1, 217:9,
217:12, 217:19,
217:25, 218:10
cannot [2] - 7:20,
162:22
capacity [5] 40:22, 161:23,
179:21, 180:18,
187:17
caption [1] 224:12
captured [1] - 98:4
card [9] - 95:23,
02/03/2013 06:30:03 PM
101:4, 151:24,
154:4, 154:16,
156:16, 156:17,
156:19, 159:13
cards [1] - 95:9
care [5] - 137:7,
187:4, 187:6,
187:14, 196:20
carefully [2] - 39:2,
105:15
CARLOS [1] - 2:14
Carlos [1] - 4:25
CARLTON [1] - 2:8
Carlton [2] - 1:16,
4:18
carry [1] - 20:19
carrying [1] 44:20
case [91] - 4:9, 9:5,
10:9, 10:12, 10:21,
12:4, 12:18, 13:5,
15:6, 16:5, 16:12,
17:1, 17:5, 19:8,
31:9, 31:21, 36:9,
39:21, 54:13, 54:15,
55:4, 55:6, 55:8,
55:9, 55:11, 63:21,
65:25, 66:22, 74:18,
75:3, 75:8, 76:7,
77:21, 81:18, 81:19,
82:2, 83:12, 84:14,
92:13, 97:19, 98:25,
108:23, 110:10,
110:24, 112:3,
114:25, 115:3,
115:9, 115:11,
115:19, 116:5,
116:11, 117:3,
117:5, 117:11,
117:13, 117:16,
117:18, 117:20,
119:15, 124:16,
124:20, 124:21,
129:10, 129:11,
129:14, 131:10,
141:15, 147:6,
150:17, 175:25,
178:7, 178:18,
178:24, 179:3,
184:22, 184:23,
187:5, 187:13,
187:17, 187:18,
188:2, 188:3, 188:9,
188:12, 188:14,
188:17, 199:6,
201:17, 218:19
CASE [2] - 1:4,
223:7
cases [6] - 7:5,
8:20, 83:23, 125:1,
125:2, 150:19
cash [1] - 137:7
cashed [2] 140:16, 140:18
casino [1] - 100:18
148:15, 148:16,
148:21, 162:3,
177:15, 178:1,
198:25
categorization [1]
27:25, 103:25,
104:2, 122:24,
123:1, 199:6
- 88:22
Caudill
[2] -
4:12,
223:18
CAUDILL [3] -
1:23, 224:8, 224:23

caution [3] 181:18, 185:14,
201:6
ced [2] - 183:14,
183:24
cell [1] - 192:16
center [1] - 60:25
central [1] - 10:5
cents [11] - 128:17,
131:2, 131:18,
151:1, 155:2,
172:13, 173:1,
173:12, 173:16,
174:17, 174:23
certain [2] 132:20, 197:7
certainly [1] - 66:7
CERTIFICATE [1] 224:1
certification [1] 203:14
certified [1] 203:15
certify [7] - 176:8,
202:9, 202:15,
202:16, 203:11,
224:10, 224:13
cetera [1] - 46:25
Chair[3] - 16:16,
16:19, 62:3
chairman [5] 62:2, 62:3, 88:4,
100:9
Chairman [43] 19:22, 20:16, 27:20,
27:24, 32:17, 46:5,
46:7, 46:19, 77:12,
77:16, 77:20, 77:22,
79:12, 84:2, 87:19,
87:24, 104:6,
104:14, 104:15,
104:18, 114:9,
115:7, 123:2,
123:13, 123:16,
123:21, 139:2,
141:2, 143:18,
143:20, 143:24,
144:9, 148:9,
148:12, 148:14,
Chairman's [6] -
challenge [1] -
187:1
challenging [1] -
29:8
change [2] - 15:15,
142:20
character [4] 15:14, 34:15, 92:21,
113:7
charge [4] - 18:21,
164:23, 165:13,
165:15
charged [3] 98:19, 105:2,
168:24
charges [6] 154:4, 154:16,
156:16, 159:14,
172:22, 174:4
charging [1] 172:17
CHARLES [1] 2:11
Chaz [1] - 4:18
check [75] - 33:11,
35:20, 35:25, 36:4,
43:9, 43:12, 43:14,
43:17, 57:9, 58:11,
58:23, 59:1, 59:12,
59:15, 60:18, 60:19,
60:21, 63:13, 63:25,
64:12, 64:16, 64:17,
69:11, 69:13, 79:14,
128:24, 129:2,
129:10, 129:11,
129:13, 130:17,
130:21, 131:5,
131:7, 131:9,
131:10, 131:15,
137:4, 137:6, 137:7,
137:11, 137:15,
137:17, 137:20,
137:22, 137:24,
138:15, 139:5,
139:8, 139:11,
139:14, 139:18,
139:19, 139:21,
139:24, 140:7,
140:13, 140:15,
140:16, 140:18,
141:5, 141:9,
141:10, 141:11,

(305) 324-5431
141:12, 141:16,
142:20, 142:22,
149:7
checked [2] 111:8, 137:13
checks [30] 28:19, 33:11, 33:12,
65:12, 65:17, 65:22,
66:4, 66:7, 66:12,
68:17, 92:21, 93:20,
101:5, 105:12,
105:18, 105:21,
106:2, 106:10,
106:11, 106:12,
106:15, 107:12,
107:15, 108:2,
108:21, 109:8,
129:4, 129:6,
136:24, 149:16
child [2] - 215:25,
216:4
children [3] 163:1, 163:4, 163:7
choose [1] 223:11
Christmas [1] -
193:3
chronological [1] -
130:16
circled [1] - 154:7
Circuit [2] - 80:5,
192:14
circuit [1] - 110:13
CIRCUIT [2] - 1:1,
1:1
circumstances
[2]
- 185:4, 218:7
civil [2] - 55:10,
97:19
claim [1] - 37:25
claiming [1] -
41:22
claims [1] - 10:4
clarify [3] - 24:23,
39:18, 212:19
classes [1] 138:12
clear [8] - 24:25,
41:24, 67:9, 88:22,
125:22, 132:11,
212:15, 216:5
cleared [1] 137:13
clearly [2] - 23:19,
139:21
client [25] - 23:6,
23:11, 23:17, 24:1,
37:25, 41:5, 41:20,
68:13, 110:21,
111:9, 111:18,
62 of 83 sheets
112:9, 112:21,
119:1, 119:10,
180:3, 180:8, 182:3,
197:11, 200:22,
202:1, 202:21,
202:24, 203:13
clients [4] - 10:4,
10:6, 10:7, 96:3
close [4] - 55:23,
126:11, 126:13,
126:16
co [3] - 10:25,
135:4, 215:24
co-counsel [2] 10:25, 215:24
co-worker [1] 135:4
coattail [1] 216:17
code 061- 12:21,
12:23, 15:8, 15:9,
33:21, 43:22, 43:23,
43:25, 50:1, 50:6,
59:14, 61:13, 69:22,
160:18, 211:21,
214:1
coded [7] - 15:10,
15:11, 15:13, 15:19,
35:20, 82:8, 97:5
codes [1] - 160:18
coding [5] - 22:7,
33:19, 33:24, 43:15,
64:5
collateral [8] 170:12, 170:15,
171:5, 171:9,
171:13, 171:22,
171:23, 172:1
colleague [1] - 5:1
collected [1] 31:12
collecting [1] 37:21
Colley [19] - 16:18,
16:21, 17:1, 27:20,
62:2, 62:3, 87:19,
87:25, 88:4, 88:5,
108:7, 108:12,
109:5, 123:13,
123:15, 143:18,
143:20, 143:25,
144:3
column [3] - 52:22,
52:25
comfortable [1] 57:3
coming [2] 142:19, 177:7
commence [1] 172:22
63 of 83 sheets
commenced [1] 23:8

commences [1] 33:24
comment [1] 53:25
comments [1] 175:23
Commission [1] 222:10
commitment [4] 79:14, 217:23,
219:13, 219:17
committees [1] 112:24
common [3] 113:6, 142:15,
142:17
communicate [3] 9:17, 19:24, 141:8
communication
[4] - 16:3, 18:7,
179:21, 197:25
communications
[9] - 23:14, 179:14,
182:18, 182:19,
202:8
community [10] 28:18, 28:23, 28:25,
29:8, 29:12, 45:19,
137:3, 138:2, 138:8,
138:13
company [7] 137:4, 137:12,
139:12, 139:19,
139:22, 139:23,
140:2
compelled [1] 74:3
compilation [1] 81:14
complain [1] 26:13
complained [1] 137:23
Complaint [1] 118:8
complete [3] 6:21, 181:25,
182:24
completed [2] 49:20, 127:4
completely [3] 179:15, 182:5
completes [1] 6:21
compliance [1] 199:3
comply [1] - 91:7
Composite [a] -
57:7, 58:5, 61:23,

69:10, 69:19, 73:23,
88:1, 184:1
composite [6] 56:11, 56:14, 57:23,
68:16, 74:4, 183:10
comprised [1] 88:17
concede [1] 41:20
conceived [1] 220:17
concern [4] - 79:4,
95:22, 111:8,
111:21
concerned [9] 55:4, 65:17, 94:14,
135:22, 135:25,
136:5, 136:8,
136:13
concerning [1] 40:10
concerns [4] 27:10, 94:11,
109:24, 111:5
conclude [1] 56:15
concluded [1] 109:3
conclusion [3] 119:24, 200:21,
206:8
condition [1] 170:10
conditions [2] 169:11, 170:7
conduct [1] 112:10
confer [1] - 48:25
confidential [1] 39:13
confidentiality [3]
- 38:1, 39:8, 40:3
confirm [1] 196:16
confirmed [1] 197:15
conflict [2] - 112:3,
113:3
confuses [1] - 44:6
connected [1] 224:16
connection [1] 106:20
consent [1] - 39:15
consequence [1] 179:24
consider [3] 30:11, 76:5, 175:24
consisting [1] -
56:11
consists [2] 73:23, 100:7
conspired [1] 96:3
constantly [2] 198:5, 198:6
consult [2] 110:20, 110:21
consulting [1] 103:18
contact [3] - 22:8,
87:16, 185:18
contacted [1] 194:5
contain [3] - 69:22,
82:20, 99:3
contends [1] 79:12
continue [1] 110:22
continued [7] 144:13, 144:18,
144:20, 144:24,
145:3, 145:12,
145:16
continues [1] 10:13
continuing [1] 44:5
continuously [1] 166:14
contrary [1] - 8:22
control [3] - 51:2,
51:5, 141:10
controller [2] 100:18, 100:20
convenient [1] 195:21
conversation [3] 67:4, 67:5, 119:3
conversations [3]
- 119:20, 181:7,
182:3
convictions [1] 38:21
cook [1] - 51:14
cooked [1] - 43:4
coordinate [2] 90:3, 90:6
Coordinator [3] 20:18, 161:25,
163:17
copied [9] - 186:5,
186:7, 186:8,
186:13, 189:11,
192:1, 193:15,
193:16
copies [12] - 56:1,
63:13, 71:12, 125:9,

(305) 324-5431
214:18, 218:17,
218:18, 219:4,
219:6, 219:8
copy [20] - 5:19,
39:5, 49:16, 64:16,
68:22, 76:18, 124:6,
172:7, 176:19,
186:9, 186:11,
186:13, 189:9,
192:4, 192:10,
194:1, 194:12,
196:23, 196:25,
204:8
corner [4] - 58:4,
59:4, 69:17, 74:2
correct [96] - 9:5,
14:10, 24:20, 32:21,
33:25, 35:9, 54:8,
55:12, 55:14, 59:7,
60:20, 61:1, 63:24,
64:14, 65:21, 81:17,
81:18, 92:18, 92:19,
93:12, 93:18, 96:21,
100:19, 101:23,
104:19, 121:9,
121:24, 122:2,
123:22, 123:25,
124:1, 129:9,
131:20, 131:21,
132:14, 133:15,
136:21, 136:22,
137:25, 138:3,
139:6, 139:9,
139:19, 140:3,
140:5, 143:9,
143:18, 143:19,
143:21, 143:22,
144:12, 144:14,
144:16, 144:17,
144:19, 145:1,
145:11, 145:13,
145:17, 146:15,
146:18, 147:17,
148:10, 148:12,
148:14, 150:1,
151:11, 166:24,
166:25, 167:6,
172:2, 172:13,
172:15, 172:23,
172:24, 173:2,
173:3, 173:5, 173:6,
173:9, 173:13,
173:17, 173:20,
174:12, 174:23,
191:9, 193:12,
195:3, 200:8,
204:20, 204:22,
206:17, 209:5,
212:22, 213:6,
219:6
correction [1] -
02/03/2013 06:30:03 PM
65:20
corrections [1] 225:3
correctly [2] 17:23, 196:17
correspond [1] 36:5
corresponds [2] 58:23, 59:11
costs [1] - 199:5
Council [73] 10:10, 10:18, 11:18,
11:22, 11:23, 12:19,
13:9, 13:15, 13:25,
14:8, 16:22, 16:24,
18:17, 18:18, 18:20,
19:22, 22:2, 22:4,
22:5, 67:24, 74:10,
75:1, 75:7, 76:1,
76:3, 76:4, 76:9,
76:11, 76:13, 76:14,
76:25, 77:25, 78:10,
84:12, 84:14, 86:13,
86:14, 86:18, 88:13,
88:15, 88:17, 90:15,
90:19, 99:16, 100:6,
101:11, 101:14,
101:22, 107:11,
107:24, 108:1,
108:3, 122:15,
148:2, 148:4,
185:16, 204:7,
205:19, 206:11,
207:21, 207:22,
208:1, 208:2,
214:15
councilman [1] 206:20
councilman's [1] 208:15
councilmen [2] 77:5, 144:12
counsel [20] 4:15, 10:25, 13:16,
13:22, 14:5, 14:11,
14:15, 14:18, 14:20,
14:24, 25:4, 31:4,
39:19, 104:13,
110:16, 175:20,
201:1, 215:24,
224:15, 224:16
COUNSEL [1] 104:13
Counsel [2] 190:23, 219:10
count [1] - 56:24
counter [2] - 1:11,
1:14
counterDefendant [1] - 1:14
02/03/2013 06:30:03 PM
counter-Plaintiff
[1] - 1:11
County [1] 110:14
COUNTY [2] - 1:2,
224:5
couple (4] - 6:18,
71:24, 156:17,
198:9
courage [1] - 38:21
course [8] - 33:12,
38:6, 97:8, 100:22,
104:5, 137:19,
198:20, 214:22
court [7] - 4:12,
6:23, 11:12, 73:24,
110:12, 110:13,
179:5
COURT [2] - 1:1,
224:23
Court [25] - 1:23,
10:6, 19:5, 38:22,
39:10, 67:21, 74:3,
80:5, 82:13, 83:5,
93:22, 93:24,
107:15, 179:25,
185:1, 185:2, 199:2,
199:4, 202:17,
203:15, 223:11,
223:18, 224:8
covered [1] - 6:19
covers [1] - 123:11
create [7] - 34:3,
43:6, 65:5, 102:15,
147:25, 151:18,
160:17
created [17] 35:19, 50:16, 50:18,
50:20, 50:22, 50:24,
58:21, 63:12, 64:21,
64:25, 99:4, 126:23,
127:2, 132:3,
148:20, 148:24,
180:1
creating [2] 98:12, 103:2
creation [1] - 33:16
credit [16] - 52:24,
53:4, 53:12, 53:13,
53:14, 95:9, 95:23,
101:4, 151:24,
154:4, 154:16,
156:15, 156:16,
156:17, 156:19,
159:13
credits [3] - 154:4,
154:13, 211:24
criminal [4] - 24:6,
55:10, 81:19,
110:16
critically [1] - 7:20

CROSS [2] - 2:21,
114:1
cry [1] - 120:20
current [4] - 62:3,
202:4, 202:25,
203:8
custodian [3] 185:6, 188:20,
197:15
custody [3] 47:22, 47:25,
188:19
cut [8] - 33:11,
36:1, 66:7, 146:14,
147:9, 147:13,
160:22, 216:16
cuts [6] - 146:9,
146:17, 146:21,
147:4, 147:19,
147:23
cutting [1] - 220:5
Cypress [124] 16:15, 50:13, 50:14,
51:16, 51:23, 52:4,
77:13, 77:17, 77:20,
77:22, 78:15, 79:12,
81:7, 87:9, 87:19,
89:1, 89:5, 89:10,
89:18, 90:24, 91:20,
94:15, 96:14, 96:15,
101:9, 107:21,
108:5, 114:9, 115:7,
115:9, 122:1, 122:5,
122:10, 123:2,
123:21, 124:6,
124:15, 125:13,
125:17, 125:23,
126:1, 126:3,
126:19, 129:7,
129:19, 131:5,
132:12, 132:17,
133:7, 138:16,
138:19, 138:23,
139:1, 139:3, 139:5,
139:9, 139:13,
139:18, 140:6,
142:18, 148:1,
148:9, 148:12,
148:14, 148:20,
149:17, 150:20,
150:23, 151:7,
151:8, 151:13,
151:19, 153:10,
154:1, 154:20,
155:4, 155:10,
155:14, 155:24,
156:11, 156:20,
158:2, 158:5,
158:17, 158:23,
159:2, 160:17,
161:18, 161:20,
162:4, 162:6, 162:7,
162:11, 162:13,
162:17, 162:18,
162:20, 162:21,
162:25, 163:5,
163:9, 163:16,
163:22, 165:9,
165:23, 167:14,
167:22, 168:6,
170:12, 170:16,
171:5, 181:20,
181:22, 185:3,
185:15, 185:18,
198:25, 201:5,
201:13
Cypress' [3] 122:16, 126:2,
126:6
Cypress's [8] 49:24, 95:9, 95:22,
96:4, 101:24,
162:10, 164:19,
220:16
D
D.C.A [1] - 108:4
Dade [4] - 80:5,
102:19, 102:21,
110:13
DADE [2] - 1:2,
224:5
Dalai [5] - 133:22,
134:2, 134:7,
136:10, 145:7
DALAL [1] - 133:22
dark [1] - 89:13
data [1] - 87:11
date [42] - 59:17,
62:6, 62:7, 71:16,
71:21, 72:15, 74:7,
74:9, 77:15, 99:3,
103:1, 128:2, 128:3,
128:4, 130:3, 130:8,
131:12, 132:2,
132:4, 132:22,
134:9, 148:25,
164:25, 165:1,
166:13, 167:1,
168:17, 168:20,
169:14, 169:17,
176:16, 178:8,
178:11, 178:14,
189:1, 191:18,
193:18, 195:4,
195:21, 200:25,
206:12, 207:20
dated [7] - 70:13,

(305) 324-5431
80:14, 183:11,
183:22, 184:8,
190:8, 225:11
dates [3] - 128:2,
150:3, 154:3
daughter [2] 54:17, 77:22
Davie [2] - 2:13,
2:13
daycare [1] - 216:1
days [5] - 9:7, 9:9,
53:23, 179:1,
223:12
deal [1] - 7:9
Dear [1] - 223:8
death [16] - 10:8,
10:12, 10:21, 12:4,
12:18, 13:5, 55:10,
63:3, 63:21, 70:16,
74:18, 75:3, 75:8,
81:20, 84:14, 97:19
debits [2] - 154:4,
211:22
debt rll - 151:24
December [3] 80:14, 192:22,
206:24
decide [3] 185:17, 188:18,
192:14
deciding [1] 117:2
decision [3] - 38:8,
76:3, 199:9
declining [1] 41:19
deducted [1] - 78:3
deduction [5] 78:1, 207:14, 208:6,
208:16, 208:17
deductions [7] 42:19, 42:25, 43:16,
44:19, 84:18,
206:24, 211:24
Defendant [2] 1:14, 2:7
defendant [1] 188:9
Defendant's [2] 3:8, 68:25
Defendants [2] 1:9, 5:6
defending [1] 6:11
defense [2] 10:12, 75:2
deficiency [1] 26:16
definitely [1] 40:12
64 of 83 sheets
Degree [3] 114:18, 114:19,

114:20
department [30] 28:21, 32:20, 47:10,
47:24, 51:3, 51:6,
64:25, 67:17, 71:2,
71:9, 71:17, 85:20,
103:21, 103:22,
104:1, 104:7, 104:9,
105:2, 105:4,
105:25, 106:8,
122:21, 125:25,
136:2, 145:21,
146:20, 147:16,
147:20, 197:20,
199:15
departments [1] 32:23
Deponent [1] 2:12
DEPONENTS [1] 222:1
deposed [1] 216:6
deposing [2] 187:19, 197:19
deposit [2] - 154:1,
154:2
DEPOSITION [1] -
1:22
deposition [47] 4:7, 5:17, 6:6, 6:16,
7:16, 9:4, 9:8, 9:10,
9:12, 9:15, 38:7,
38:25, 39:20, 41:7,
47:8, 49:15, 56:1,
56:15, 66:6, 71:21,
72:1, 72:19, 75:6,
75:11, 75:13, 86:6,
110:13, 117:15,
147:3, 176:1,
184:21, 185:5,
185:8, 187:18,
192:12, 192:15,
196:15, 197:14,
197:20, 219:18,
219:21, 220:8,
220:11, 220:14,
220:24, 223:10,
224:10
Deposition [2] 1:25, 4:14
depositions [2] 44:3, 218:20
describe [5] 18:13, 36:10, 56:25,
114:15, 153:24
described [10] 29:17, 36:8, 37:8,
65 of 83 sheets
69:11, 133:17,
143:5, 150:20,
186:3, 194:9, 196:2
describing [4] 21:25, 29:21, 32:22,
33:16
description [1] 34:15
Description [1] 3:5
descriptive [1] 34:14
designated [2] 48:4, 48:7
designed [2] 46:23, 47:1
destroy [1] - 66:19
detail [1] - 42:13
detailing [1] - 92:8
details [6] - 42:9,
117:17, 117:19,
136:23, 210:7
determination [2] 116:9, 116:23
determine [2] 48:11, 130:18
determined [2] 119:17, 142:24
Dexter [3] - 50:24,
51:5, 89:11
Diaz [6] - 44:15,
44:21, 172:11,
172:15, 172:17
Diaz's [1] - 44:20
Didi [1] - 126:7
different [16] - 7:8,
32:6, 38:12, 55:15,
61:12, 61:15, 75:18,
77:7, 79:20, 138:12,
142:8, 143:8,
158:25, 189:18,
196:18, 199:7
differently [1] -
138:9
direct [2] - 22:8,
112:1
DIRECT [2] - 2:20,
5:8
directed [2] 177:15, 199:10
direction [2] 50:22, 50:24
directly [5] - 17:10,
95:2, 108:24, 176:5,
177:25
Director [2] 20:16, 145:20
director [11] - 13:8,
18:11, 18:14, 18:16,
20:15, 30:10, 32:8,
32:12, 32:14,
100:15, 136:4
directs [2] 202:17, 203:15
discharge [1] -
28:3
disclaim
[1]
23:11
disclose
[3] -
68:8,
94:11, 95:20
disclosed [3] 88:15, 185:1, 185:2
discovery [3] 47:13, 108:23,
125:5
discuss [8] - 18:5,
36:11, 48:10, 66:24,
99:17, 119:5,
220:16
discussed [8] 5:19, 56:5, 87:2,
101:4, 101:17,
102:25, 196:16,
197:10
discussing [1] 79:5
discussion [12] 17:6, 22:11, 22:14,
49:5, 57:12, 69:4,
95:8, 95:11, 99:8,
101:24, 157:16,
215:18
discussions [2] 17:3, 23:7
disgruntled [1] 8:23
dishonest [1] 83:6
disproving [1] 66:21
dispute [5] - 27:20,
28:9, 194:16,
217:10, 218:1
disputes [1] - 29:7
distinct [1] - 69:13
distinction [1] 13:14
distinguish [1] 92:20
distribution [6] 37:22, 77:6, 78:3,
78:6, 87:1, 206:24
distributions [4] 31:13, 55:20, 78:1,
208:17
District [1] 107:15
DIVISION [1] - 1:3
document [86] 30:21, 38:15, 47:18,
49:10, 50:16, 51:8,

53:19, 54:4, 54:22,
56:19, 60:14, 65:7,
68:24, 79:24, 85:6,
85:21, 92:20, 98:24,
124:25, 126:4,
126:22, 126:24,
127:2, 127:5, 127:7,
127:9, 127:10,
127:13, 127:17,
127:21, 127:25,
128:5, 129:17,
132:3, 132:5, 132:9,
148:3, 152:16,
152:24, 153:1,
153:20, 154:8,
154:21, 167:8,
167:15, 167:17,
167:19, 167:21,
167:25, 168:2,
168:5, 168:11,
168:19, 169:1,
169:7, 169:10,
169:16, 169:23,
170:4, 170:9,
170:18, 170:25,
171:1, 171:2, 171:5,
171:11, 174:12,
174:14, 174:19,
179:5, 182:4, 184:3,
198:16, 210:17,
210:20, 210:21,
213:4, 213:7, 213:8,
213:9, 213:15,
213:19, 213:21,
214:3, 214:8, 214:9
documentation [6]
- 27:12, 48:20,
66:12, 137:14,
172:1
documented [1] -
194:15
documenting [1] -
196:9
documents [32] 5:18, 47:12, 48:14,
48:16, 53:16, 56:4,
61:13, 63:13, 74:2,
79:4, 82:7, 86:16,
91:3, 103:21,
103:24, 104:7,
124:22, 124:23,
125:3, 125:4,
125:10, 125:14,
125:18, 125:24,
170:15, 171:16,
175:7, 176:24,
177:1, 198:12,
218:15, 219:4
dollars [14] -

(305) 324-5431
44:17, 128:16,
129:8, 130:12,
131:2, 131:17,
150:25, 172:12,
173:1, 173:15,
174:16, 214:5,
214:6
Don [1] - 4:13
done [28] - 17:19,
29:10, 39:2, 39:4,
47:2, 49:18, 49:21,
56:23, 78:20, 80:7,
108:22, 112:13,
132:18, 132:19,
137:18, 140:22,
149:1, 180:11,
207:15
doors [1] - 126:15
doubt [1] - 45:6
down [18] - 6:24,
6:25, 7:21, 15:1,
44:20, 52:23, 53:2,
126:15, 159:25,
180:7, 207:12,
211:16, 213:10,
215:6, 215:8,
215:13, 216:16
drastically [3] 145:24, 146:4,
146:6
driver [2] 216:3,
216:11
duces [1] - 5:22
due [8] - 37:22,
54:7, 54:22, 110:1,
111:24, 113:9,
207:13, 217:13
duly [2] - 5:7,
224:13
during [16] - 36:1,
94:6, 114:17,
133:16, 144:14,
148:23, 150:20,
158:8, 161:12,
163:14, 163:21,
164:14, 176:1,
181:1, 219:20
duties [3] - 20:19,
60:6, 60:8
duty [2] - 161:6,
161:7
E
E-mail [m] - 41:3,
41:9, 41:10, 72:3,
72:7, 72:8, 72:12,
72:21, 105:1, 125:9,
125:13, 125:17,
125:23, 126:1,
02/03/2013 06:30:03 PM
126:2, 175:6,
175:11, 176:18,
177:14, 179:8,
181:8, 181:13,
182:19, 183:22,
184:7, 184:8, 184:9,
184:16, 184:19,
185:22, 186:5,
186:6, 186:9,
186:10, 186:14,
186:16, 186:17,
186:19, 188:22,
189:1, 189:6, 189:9,
189:10, 189:15,
190:11, 190:16,
190:18, 190:21,
191:8, 191:10,
191:12, 191:14,
191:17, 191:22,
192:1, 192:6,
192:19, 192:24,
193:10, 193:15,
193:17, 193:18,
193:21, 194:3,
194:10, 194:18,
194:19, 194:23,
194:24, 195:4,
195:8, 195:11,
196:6, 196:8, 196:9,
197:25, 198:3,
198:10, 199:21,
199:23, 200:25,
201:12, 208:22,
208:25
E-mailed [2] 193:22, 196:24
E-mails F] - 103:7,
183:11, 192:4,
198:5, 198:6, 198:8,
200:19
earliest [3] 191:12, 191:14,
191:18
early [1] - 175:17
eat [1] - 7:14
Edmee [1] - 223:11
educational [1] 114:15
effect [5] - 27:13,
41:11, 103:7, 137:8,
199:11
effort [2] - 48:11,
96:17
eight [12] - 131:6,
154:24, 155:3,
155:12, 156:1,
156:24, 157:4,
157:5, 173:15,
174:15, 174:22,
214:5
02/03/2013 06:30:03 PM
eighty [5] - 128:16,

131:2, 149:13,
149:20, 150:24
eighty-three [4] 131:2, 149:13,
149:20, 150:24
eighty-two [1] 128:16
either [14] - 24:1,
29:12, 32:8, 33:14,
53:13, 76:8, 76:11,
78:9, 130:9, 144:11,
198:1, 203:4,
208:22, 208:25
elected [1] 123:13
electronically [1] 6:1
eleven [9] 154:24, 155:2,
155:12, 156:1,
156:24, 157:3,
157:5, 172:12,
193:11
eligible [1] - 79:10
employed [4] 102:17, 114:8,
158:6, 161:20
employee [12] 8:23, 45:19, 66:8,
162:16, 179:22,
187:20, 187:21,
187:23, 187:25,
196:21, 197:12,
224:15
employees [11] 145:23, 146:3,
146:5, 146:6, 146:9,
146:21, 147:14,
147:20, 162:12,
181:10, 188:5
employment [1] 114:16
encompasses [2] 166:17, 166:18
end [7] - 27:23,
55:24, 61:15, 96:23,
98:4, 123:14,
148:15
ended [1] - 109:12
ending [2] - 154:2,
154:5
ends [1] - 150:9
engaged [4] 29:23, 37:19, 51:22,
52:4
English [2] 36:17, 36:21
entail [1] - 157:8
enterprises
[2] -
100:16, 101:14
entire [4] - 88:17,
146:25, 161:9,
166:17
entitled [2] - 84:17,
85:24
entries [8] - 36:4,
90:9, 149:4, 157:24,
158:5, 166:23,
211:21
entry [14] - 127:12,
127:21, 127:25,
128:19, 129:22,
132:19, 158:16,
158:22, 159:3,
167:3, 167:6, 167:7,
172:25, 211:11
enures Eli - 112:8
ERRATA [1] 225:1
especially [2] 113:16, 176:1
ESQUIRE [8] - 2:5,
2:6, 2:6, 2:10, 2:11,
2:14, 2:14, 2:15
Esquire [2] - 4:13,
80:19
estimate [1] 37:18
et [1] - 46:24
ethics [1] - 113:7
eulogy [1] - 180:14
evaluations [1] 27:18
Evelyn [13] 161:17, 161:20,
162:6, 162:7,
162:10, 162:13,
162:17, 162:20,
162:25, 163:5,
163:9, 163:16,
163:22
eventuates [1] 217:21
ex [2] - 77:5,
206:20
ex-councilman [1]
- 206:20
ex-councilmen [1]
- 77:5
exact [5] - 32:15,
121:16, 130:8,
134:9, 136:23
exactly [17] - 7:3,
66:5, 75:22, 78:11,
120:5, 120:25,
121:24, 134:5,
144:6, 158:19,
177:22, 194:13,
201:2, 204:21,
205:11, 211:19,
215:5
EXAMINATION [6]
- 2:20, 2:21, 2:22,

5:8, 114:1, 218:9
example [2] 69:12, 214:4
Excel [1] - 159:19
except [2] 213:25, 225:2
exception [2] 24:7, 113:4
excessive [1] 95:11
exchange [1] 195:8
exchanges [1] 195:11
excuse [2] - 13:11,
208:16
executive [1] 45:19
Exhibit [85] - 3:6,
3:6, 3:7, 3:7, 3:8,
3:8, 3:9, 3:10,
30:22, 38:25, 42:3,
49:11, 49:15, 50:16,
52:21, 53:25, 54:23,
54:25, 56:18, 56:20,
57:7, 58:9, 61:23,
65:8, 65:12, 65:16,
65:22, 66:13, 68:22,
68:25, 69:10, 69:11,
69:20, 73:23, 74:1,
79:25, 80:3, 80:15,
81:4, 81:5, 81:6,
81:10, 81:14, 81:23,
82:4, 83:21, 84:24,
85:25, 86:3, 86:6,
86:23, 88:1, 96:13,
102:24, 105:8,
123:22, 126:20,
148:20, 151:15,
152:2, 152:4,
152:13, 152:15,
152:17, 152:21,
157:25, 159:4,
159:19, 166:25,
172:4, 172:21,
173:22, 174:21,
183:4, 183:7, 184:1,
198:13, 198:17,
204:8, 204:10,
212:20, 218:14,
218:16
exhibit [18] 56:11, 56:14, 56:22,
57:23, 64:19, 66:5,
68:12, 68:16, 73:25,
81:3, 123:19,

(305) 324-5431
123:20, 126:19,
159:16, 159:17,
191:13, 191:14,
212:22
exhibits [2] 183:1, 218:13
Exhibits [2] - 3:9,
184:4
exist [6] - 21:16,
21:19, 52:7, 66:13,
66:16, 66:17
exists [2] - 168:2,
171:16
expect [1] - 197:15
expedite [1] 57:24
expenditure [2] 99:23, 101:11
expenditures [10] 88:22, 88:25, 89:1,
90:18, 90:24, 95:9,
96:4, 101:8, 101:25
expense [11] 15:11, 15:13, 15:16,
15:19, 19:25, 35:20,
36:6, 43:12, 43:20,
43:25, 60:12
expenses [5] 37:20, 80:19, 83:22,
154:16, 206:21
experience [4] 60:13, 64:9, 99:22,
215:7
Expires [1] 222:10
explain [8] - 54:10,
86:8, 154:8, 188:10,
193:19, 197:14,
209:14, 211:19
explained [77] 81:15, 137:15,
141:6, 156:6,
196:19, 210:3,
212:5
explanation [3] 138:1, 187:15,
194:10
explore [1] 113:10
expressed [1] 27:10
extent [1] - 179:19
extra [1] - 174:11
extraordinary [1] 220:20
F
fact [ii] - 17:25,
66 of 83 sheets
10
46:18, 51:12, 75:6,

79:12, 110:1, 121:7,
141:9, 175:24,
175:25, 176:6
facts [2] - 103:12,
103:14
fair [13] - 44:11,
129:16, 145:9,
147:18, 148:18,
158:4, 163:8,
164:13, 164:16,
170:24, 171:20,
174:3, 174:13
faith [1] - 38:13
fake [7] - 44:23,
44:25, 46:11, 52:6,
96:22, 97:3, 97:10
falls [1] - 188:6
false [4] - 10:13,
20:11, 42:25, 43:6
family [6] - 29:22,
37:15, 85:11,
188:16, 210:8,
211:2
family's [1] 188:15
far [5] - 52:22,
52:25, 55:4, 88:18,
98:15, 108:21,
112:1, 203:24
fashion [2] - 18:24,
19:1
favor [2] - 28:1,
218:2
February [6] 1:18, 4:4, 77:16,
130:9, 207:7,
224:19
federal [4] - 39:10,
39:19, 39:21,
110:12
fee m - 20:1,
20:10, 33:20, 35:22,
36:5, 172:4, 214:13
fees [72] - 10:12,
10:20, 12:3, 12:17,
12:21, 12:24, 13:4,
15:5, 16:5, 16:25,
17:5, 19:2, 22:7,
31:12, 37:15, 37:20,
42:7, 43:23, 48:21,
49:24, 50:4, 50:6,
50:8, 50:10, 59:14,
63:20, 69:25, 71:5,
75:2, 75:8, 76:24,
77:23, 78:25, 80:18,
81:24, 82:18, 83:11,
84:13, 84:19, 85:25,
86:19, 90:24, 93:14,
97:6, 97:19, 117:22,
67 of 83 sheets
150:12, 150:14,
150:17, 172:18,
173:22, 185:19,
205:12, 205:20,
206:10, 207:22,
208:5, 208:12,
208:13, 209:22,
209:24, 210:3,
210:4, 211:6,
211:10, 211:23,
211:25, 213:5,
213:9, 213:23,
214:11, 215:3
feet [2] - 79:3
few [5] - 6:10,
179:1, 186:24,
196:16, 218:3
FIELDS [1] - 2:8
Fields [2] - 1:16,
4:18
fifteen [2] - 174:16,
174:22
fifty [8] - 16:9,
130:22, 131:6,
172:11, 172:12,
173:1, 173:12,
185:25
fifty-five [1] 185:25
fifty-one [3] 130:22, 131:6,
173:1
fifty-seven [1] 172:12
fifty-six [1] 172:11
fifty-three rij 173:12
figure [1] - 96:12
file [1] - 26:21
filed [14] 1:25,
6:12, 19:5, 65:13,
65:25, 80:4, 88:5,
107:4, 172:17,
180:22, 180:24,
192:11, 193:5,
203:22
files [1] - 99:1
filing [5] - 184:20,
187:16, 193:4,
194:7, 221:1
fill [1] - 30:10
final [1] - 76:3
finance [31] - 13:8,
18:11, 18:14, 18:16,
28:21, 30:9, 32:8,
32:11, 32:14, 99:24,
99:25, 100:15,
101:21, 103:11,
103:21, 103:22,
-
103:25, 104:7,
104:10, 105:3,
122:18, 122:21,
136:2, 137:23,
145:20, 146:20,
147:16, 147:20,
197:20, 199:15,
199:16
Finance [1] 145:20
finances [1] 95:22
financial [21] 18:21, 18:22, 18:23,
21:5, 47:22, 80:23,
87:11, 89:16, 90:14,
97:12, 99:17,
108:15, 209:20,
212:3, 214:17,
214:20, 214:23,
215:1, 215:4, 215:6,
215:14
financially [1] 224:17
financials [5] 88:21, 89:2, 95:17,
96:5, 96:16
fine [6] - 24:5,
24:15, 68:23, 183:5,
213:17, 219:19
finish [7] - 40:16,
40:18, 69:10, 166:9,
216:19, 216:24,
217:16
fire [2] - 71:16,
144:5
fired [39] - 8:14,
8:15, 8:16, 8:18,
9:7, 21:22, 22:20,
27:11, 48:3, 71:25,
72:8, 72:13, 73:20,
134:9, 134:10,
134:12, 134:15,
134:17, 134:18,
134:20, 134:24,
134:25, 135:5,
135:13, 135:17,
135:18, 135:20,
135:22, 135:23,
136:4, 136:6, 136:9,
136:11, 144:16,
144:20, 144:23,
145:3
Firm [8] - 4:20,
12:6, 24:20, 25:1,
38:6, 40:2, 43:10,
65:23
firm [3] - 6:12,
36:2, 46:18
first [42] - 5:7,
11:17, 25:11, 34:11,

44:22, 52:21, 53:6,
78:18, 111:7, 120:6,
126:22, 127:12,
127:21, 127:24,
127:25, 128:4,
130:13, 130:14,
130:15, 130:19,
132:12, 134:18,
148:2, 151:17,
154:10, 157:7,
166:23, 167:1,
167:2, 167:3,
180:22, 186:6,
187:4, 190:6, 190:7,
190:11, 191:8,
191:10, 191:17,
194:4, 206:18
fiscal [2] - 42:16,
157:9
five [29] - 36:2,
52:14, 100:7,
131:17, 154:24,
154:25, 155:6,
155:7, 155:12,
155:25, 156:24,
156:25, 157:3,
157:4, 173:1, 173:7,
173:14, 185:25,
207:12, 216:8,
220:4
five-year [1] - 36:2
fives [1] - 150:9
flag [1] - 97:13
flanking [1] - 47:8
floor [15] - 122:18,
122:21, 122:22,
122:25, 123:2,
123:7, 126:9,
126:12, 126:18,
138:20, 162:1,
162:2, 164:6, 164:8,
164:12
FLORIDA [5] - 1:2,
1:5, 1:14, 224:3,
224:24
Florida [10] - 1:18,
1:24, 2:5, 2:10,
2:13, 4:6, 4:10,
112:22, 223:19,
224:9
folks [1] - 20:20
follow [3] - 196:6,
213:3, 216:21
follow-up [1] 213:3
following [9] 11:8, 27:4, 49:6,
57:13, 69:5, 99:9,
157:17, 175:4,

(305) 324-5431
215:19
follows [1] - 5:7
FOR [1] - 1:1
force [1] - 199:3

form [9] - 13:17,
21:2, 63:14, 65:25,
74:3, 98:4, 116:10,
178:19, 214:17
former [13] - 10:6,
27:24, 27:25, 114:9,
115:7, 123:21,
139:2, 162:3,
162:20, 180:8,
184:25, 198:24,
199:6
forth [2] - 103:12,
218:21
forty [6] - 155:7,
172:25, 173:1,
173:4, 173:8, 189:7
forty-five [1] 173:1
forty-four [1] 189:7
forty-nine [1] 173:8
forty-one [1] 155:7
forty-six [1] 173:4
forward [7] 24:16, 81:25,
110:17, 112:7,
113:11, 121:23
forwarded [1] 223:13
four [1o] - 36:1,
52:14, 157:5,
172:25, 173:11,
173:18, 173:19,
183:10, 189:7,
207:12
fourteen [1] 173:16
fourth [5] - 122:25,
162:2, 164:6, 164:8,
164:12
fraud [13] - 17:11,
17:15, 19:17, 20:1,
20:5, 24:7, 29:24,
51:10, 82:12, 87:20,
87:22, 96:20, 97:11
fraudulent [3] 42:25, 52:11, 96:18
free [3] - 7:10,
68:18, 89:15
fresh [1] - 7:13
Friday [i] - 4:3
friend [3] - 30:4,
109:14, 112:17
02/03/2013 06:30:03 PM
11
friends [1] - 8:24

frivolous [i] 38:13
front [9] - 127:18,
129:17, 148:19,
190:12, 190:20,
191:17, 204:9,
204:11, 215:5
Fuentes [2] - 61:6,
70:11
full [4] - 5:10,
74:13, 111:19,
112:20
fully [1] - 111:8
function [s] 18:14, 22:13, 28:4,
28:10, 28:11, 61:12,
64:7, 93:4
fund [1] - 207:3
Furnas [2] - 180:6,
198:22
furnas [1] - 198:11
G
G-o-l-d-e-n-b-e-rg [1] - 5:15
game [1] - 82:10
Gaming [1] 138:20
gaming [1] - 82:10
gather [1] - 47:18
gathering [1] 105:5
general [20] 13:16, 13:21, 14:18,
22:13, 31:4, 80:16,
80:23, 81:11, 86:17,
104:13, 153:14,
153:18, 209:15,
211:7, 211:19,
212:25, 214:12,
214:14, 214:16,
214:19
GENERAL [1] - 1:3
General [39] 10:10, 10:18, 11:18,
11:22, 12:19, 13:9,
13:14, 13:24, 14:7,
18:17, 22:4, 67:24,
74:10, 74:25, 75:7,
76:2, 76:4, 76:9,
76:11, 76:13, 76:14,
76:25, 77:25, 78:9,
78:10, 84:12, 84:14,
86:14, 86:18, 88:15,
88:17, 204:6,
205:19, 206:11,
207:21, 207:22,
02/03/2013 06:30:03 PM
208:1
generally [8] 30:5, 31:1, 91:2,
94:3, 100:5, 102:19,
108:17
genuine [2] 109:24, 111:5
gift [i] - 15:17
given [20] - 6:16,
7:5, 8:17, 12:20,
31:25, 32:5, 32:19,
40:11, 40:12, 68:5,
75:9, 89:4, 91:20,
137:20, 141:10,
167:8, 167:12,
167:15, 207:14,
209:21
GL [4] - 153:12,
153:13, 154:9,
158:18
God [2] - 120:20,
121:12
Goldenberg [18] 4:8, 5:3, 5:10, 5:12,
23:18, 25:4, 38:2,
39:24, 40:20, 41:4,
99:15, 109:19,
111:18, 114:3,
121:5, 167:13,
180:16, 223:4
GOLDENBERG [6]
- 1:22, 2:20, 5:5,
222:3, 223:8,
224:11
Goldenberg's [7] 23:13, 23:18, 24:4,
24:22, 25:2, 110:8,
111:3
golf [1] - 100:22
governing [1] 78:24
grant [1] - 37:14
granted [2] 31:10, 71:9
grievance [1] 112:23
grounds [4] 147:7, 184:20,
187:16, 203:12
GROUP [1] - 2:12
Group [1] - 5:1
guess [11] - 8:1,
83:2, 118:14,
130:19, 130:20,
131:14, 137:20,
144:2, 144:6,
181:21, 200:1
gun [1] - 97:14
Guy [19] - 4:10,
4:19, 6:11, 80:19,
82:20, 84:19, 86:1,

86:20, 87:5, 87:10,
87:15, 89:12, 101:9,
172:16, 184:25,
185:2, 205:7, 205:8,
205:21
GUY [1] - 1:8
guys [1] - 216:7
Gwen [in- 10:7,
38:4, 63:3, 63:19,
70:16, 80:18, 84:21,
169:13, 169:14,
169:18, 169:20,
170:2, 170:5,
171:18, 174:5,
174:21, 209:23
H
H-e-s-l-o-p [ 1 ] 133:24
hair [1] - 20:9
half [2] - 44:17,
134:3
hand [7] - 58:4,
59:4, 68:15, 69:17,
187:24, 224:18
handed [1] - 56:10
handle [6] - 29:5,
29:11, 141:22,
142:13, 187:13,
216:8
handled [3] 141:19, 143:1,
143:2
hands [1] - 109:12
handwriting [8] 59:17, 59:18, 62:12,
62:15, 70:2, 70:17,
154:5, 154:6
handwritten [5] 34:18, 35:2, 36:9,
36:11, 45:24
happy [4] - 57:1,
112:24, 121:25,
193:7
hard [2] - 6:24,
130:10
head [3] - 7:21,
157:1, 174:2
hear [4] - 7:2,
118:16, 120:25,
203:4
heard [8] - 38:14,
92:1, 98:24, 106:15,
106:17, 118:14,
162:24, 194:4
hearing [5] - 98:16,
175:3, 177:6, 177:8,
192:14
held [6] - 49:5,
57:12, 69:4, 99:8,
157:16, 215:18
help [3] - 90:3,
90:6, 93:24
hereby [2] - 224:9,
225:2
hereto [1] - 85:25
hereunto [1] 224:18
Hernandez [14] 13:8, 18:9, 51:20,
89:11, 114:6,
133:14, 133:19,
135:12, 135:17,
135:20, 135:22,
144:16, 144:20,
154:6
Hernandez' [1] 126:17
hesitate [2] 185:21, 192:16
Heslop [13] 122:13, 125:18,
133:23, 133:25,
145:3, 145:20,
183:24, 186:3,
189:11, 189:16,
195:22, 196:3,
200:7
Heslop's [1] 122:14
Hi [3] - 186:22,
193:2, 196:13
hidden [1] - 89:7
hide [5] - 46:12,
66:18, 91:14, 91:16,
91:19
hire [6] - 8:24,
30:4, 179:9, 188:11,
202:4, 202:11
hiring [1] - 30:12
history [i] - 163:12
hold [2] - 8:6,
190:15
holding [1] - 86:6
holds [1] - 13:23
home [6] - 71:23,
187:8, 187:10,
187:12, 187:14,
218:21
honest [1] - 85:14
hope [1] - 193:3
hopeful [1] - 76:5
hopefully [1] 186:25
Hose [3] - 133:22,
134:4, 134:10
HOSE [1] - 133:23

(305) 324-5431
hotel [1] - 100:20

hour [17] - 215:23,
216:2, 217:8,
219:18, 219:21,
219:25, 220:2,
220:3, 220:5, 220:7,
220:9, 220:11,
220:13, 220:18,
220:19, 220:21
house [6] - 6:5,
14:4, 14:11, 14:15,
14:20, 14:23
HOWARD [1] 2:15
howard [2] 113:24, 182:21
Howard [1] - 5:2
hundred [32] 34:20, 34:22, 34:25,
35:10, 130:22,
131:5, 131:17,
149:20, 149:21,
150:24, 150:25,
154:25, 155:2,
155:6, 155:7, 155:8,
156:25, 157:4,
172:11, 172:12,
173:1, 173:5, 173:8,
173:10, 173:11,
173:15, 173:18,
173:19, 174:15,
174:16, 174:22,
174:23
hundreds [2] 98:12
husband [1] 215:25
ID [i] - 141:24
idea [2] - 30:18,
166:11
Identification [s] 30:23, 49:12, 56:21,
65:9, 69:1, 80:1,
152:18, 184:5,
198:18
identified [1] 174:8
identifies [2] 212:7, 212:12
III [1] - 2:3
illegal [1] - 52:11
immediate [4] 122:10, 122:12,
134:11, 134:16
immediately [1] 193:17
68 of 83 sheets
12
implemented [1] 145:21

important [3] 6:18, 7:20, 61:21
importantly [1] 7:25
impotent [1] 38:24
IN [3] - 1:1, 1:1,
224:18
in-house [5] 14:4, 14:11, 14:15,
14:20, 14:23
inadvertent [1] 180:2
inadvertently [2] 101:10, 218:22
inasmuch [1] 110:10
incident [8] 27:19, 75:17,
136:19, 142:7,
142:14, 143:4,
143:10, 143:14
include [12] - 12:6,
17:1, 81:16, 88:21,
88:25, 89:4, 90:23,
91:9, 92:25, 211:15,
211:16, 213:24
included [5] - 19:2,
85:11, 131:10,
209:4, 209:9
includes [1] 211:13
including [3] - 7:2,
38:20, 83:11
inconvenient [1] 142:10
independent [6] 88:9, 90:7, 91:5,
138:12, 200:17,
201:1
INDIANS [2] - 1:5,
1:13
Indians [2] - 4:9,
138:13
indicate [9] 46:10, 53:11, 53:12,
63:5, 76:23, 78:22,
128:2, 192:4
indicated [2] 65:15, 87:21
indicates [3] 52:24, 60:17,
129:13
indicating [2] 23:20, 62:19
indicating) [3] 81:2, 153:11,
159:12
69 of 83 sheets
indicia [2] - 97:5,

97:9
individual [16] 10:8, 31:5, 31:10,
35:12, 36:3, 46:7,
55:1, 71:10, 76:6,
92:16, 93:11, 93:17,
93:22, 160:1,
160:10, 180:17
inform [1] - 223:9
information [21] 19:15, 34:15, 39:13,
39:14, 41:6, 66:20,
74:11, 80:23, 86:15,
89:7, 89:16, 90:7,
101:15, 175:2,
175:13, 176:21,
176:22, 177:2,
177:6, 180:5, 192:9
informed [5] 76:2, 126:3, 178:16,
178:22, 215:24
informing [1] 112:22
initials [2] - 61:4,
70:9
input [1] - 103:4
inquire [1] - 214:22
insinuate [1] 17:14
instance [6] - 19:9,
24:1, 59:1, 71:8,
101:8, 105:20
instances [1] 19:12
institution [1] 114:21
instruct [4] - 17:6,
17:7, 24:12, 38:7
instructed [7] 15:7, 23:15, 24:4,
40:20, 40:22, 138:8,
141:7
instructing [4] 40:24, 126:4,
201:13, 202:22
insurance [9] 137:4, 137:5,
137:11, 137:12,
139:12, 139:19,
139:22, 140:2
intend [5] - 9:10,
9:12, 9:14, 72:19,
111:19
intended [1] - 40:9
intention [2] 41:4, 41:21
intentions [1] 125:7
interaction [3] -
18:13, 18:19, 52:13

interest [16] 25:22, 56:14,
110:23, 113:3,
164:23, 164:24,
165:13, 165:15,
167:22, 168:23,
169:2, 169:16,
169:20, 169:23,
181:16, 187:22
interested [1] 224:17
interests [1] 25:15
internal [2] - 38:18,
69:24
Internal [1] 124:16
interpret [1] 25:14
interview [1] 30:13
investigated [1] 105:21
investigating [3] 107:16, 109:6,
109:10
investigation [1] 109:2
invite [1] - 65:21
invoice [22] - 33:2,
34:2, 34:6, 34:11,
34:19, 35:1, 35:7,
35:19, 37:5, 37:8,
49:1, 49:2, 59:2,
61:24, 62:7, 62:10,
62:18, 62:19, 63:6,
63:14, 70:12
invoices [20] 31:25, 32:2, 32:3,
32:6, 32:13, 33:3,
34:24, 36:9, 45:23,
46:1, 46:18, 48:20,
55:1, 56:4, 56:8,
57:8, 63:10, 82:4,
88:2, 88:3
invoked [1] - 24:3
invoking [2] - 38:9,
41:22
involuntary [1] 180:2
involved [11] 27:23, 29:12, 32:24,
52:15, 66:1, 92:9,
103:17, 115:13,
115:14, 141:21,
176:5
involvement [6] 28:9, 51:2, 51:6,
61:17, 110:3,
188:17
involves [1] 113:2
involving [5] 38:3, 81:18, 150:19,
184:24, 198:24
ironic [1] - 111:15
IRS [9] - 19:5, 98:9,
98:25, 108:16,
180:6, 198:22,
198:23, 199:1,
199:6
issuance [1] - 43:9
issue [12] - 10:15,
47:23, 98:3, 98:5,
98:6, 98:13, 103:18,
116:11, 117:3,
165:4, 178:17,
204:4
issued [1o] - 65:22,
66:7, 69:13, 97:24,
101:5, 129:6, 131:4,
139:8, 149:15,
166:16
issues [6] - 99:1,
141:21, 147:2,
178:24, 179:3,
185:12
issuing [1] - 98:19
item [7] - 52:23,
207:6, 207:19,
209:23, 210:4,
212:12, 214:12
Item [2] - 206:4,
206:9
items [3] - 159:10,
160:13, 177:20
itself [5] - 35:16,
43:10, 43:12, 43:23,
183:13
J
James [1] - 198:22
Janeen [2] - 14:25,
71:18
January [25] 8:15, 71:22, 72:6,
72:12, 130:20,
130:22, 154:14,
178:6, 183:11,
183:12, 183:23,
185:23, 186:20,
189:2, 189:10,
190:8, 190:18,
193:5, 194:20,
195:5, 195:17,
200:2, 201:10,
201:12

(305) 324-5431
Jasper [4] - 83:24,

97:9, 148:7, 177:15
jerry [1] - 126:1
Jerry [14] - 107:21,
108:4, 122:1, 122:5,
122:10, 122:16,
125:13, 125:16,
125:22, 126:2,
126:3, 126:6,
181:22, 185:3
Jim [2] - 79:17,
180:6
Jimmie [65] - 10:7,
12:2, 12:17, 16:13,
35:12, 36:19, 37:14,
38:4, 40:5, 42:24,
54:8, 54:17, 54:19,
55:3, 63:20, 74:14,
74:15, 74:17, 74:20,
74:23, 74:25, 75:5,
75:12, 76:6, 76:23,
78:23, 80:17, 81:16,
81:24, 83:10, 84:11,
84:18, 84:21, 85:3,
85:6, 85:9, 85:10,
86:18, 86:24, 97:18,
97:23, 115:11,
115:16, 115:18,
116:4, 168:24,
169:5, 169:8,
169:11, 171:8,
171:9, 171:13,
184:22, 184:24,
204:18, 205:1,
205:20, 206:4,
206:10, 206:19,
207:4, 207:24,
208:13, 209:12,
212:7
Jimmie's [3] 36:14, 75:12,
117:22
Jimmy [1] - 168:16
JOANNE [3] - 1:23,
224:8, 224:23
Joanne [2] - 4:12,
223:18
job [6] - 8:4, 8:25,
21:9, 21:11, 21:12,
28:12
jodi [1] - 195:19
Jodi [11] - 4:7,
5:12, 183:24,
184:20, 188:25,
192:9, 193:9,
195:13, 197:24,
198:21, 223:4
JODI [7] - 1:22,
2:20, 5:5, 5:15,
222:3, 223:8,
02/03/2013 06:30:03 PM
13
224:10
journal [3] - 36:4,
90:9, 212:16
judge [2] - 82:11,
85:18
Judge [1] - 192:14
JUDICIAL [1] - 1:1
Julio psi - 12:25,
13:2, 15:3, 16:1,
16:3, 17:3, 18:16,
22:6, 51:18, 89:10,
94:21, 95:2, 114:4,
124:4, 126:13,
126:16, 133:6,
133:13, 133:14,
133:18, 134:15,
134:17, 134:18,
134:19, 134:20,
134:22, 134:24,
136:5, 144:23
July [1] - 30:6
jump [2] - 120:19,
130:13
jurisdiction [2] 39:10, 39:20
JURISDICTION [1]
- 1:3
justification [1] 108:20
K
keep [19] - 17:7,
32:23, 45:8, 60:10,
89:12, 96:4, 96:18,
96:20, 108:15,
132:13, 160:24,
162:7, 162:22,
163:11, 163:13,
166:16, 196:22,
210:8, 211:1
keeping [2] 161:3, 161:15
Kelly [1] - 126:7
kept [3] - 20:24,
104:2, 104:3
kickback [2] 52:4, 52:10
kickbacks [2] 51:23, 89:19
kids [3] - 219:15,
219:16, 220:16
kind [3] - 14:19,
21:18, 175:14
Kissel [2] - 102:8,
102:10
KISSEL 0 i 102:12
knowing [3] - 83:5,
108:5, 117:16
knowledge [30] 13:2, 18:2, 20:21,
21:15, 26:9, 27:12,
36:23, 37:19, 39:12,
46:14, 47:11, 48:5,
48:8, 48:12, 55:18,
85:12, 87:10, 97:1,
108:8, 118:20,
143:1, 178:17,
178:24, 179:2,
185:7, 187:3,
188:13, 188:18,
197:21, 199:15
known [3] - 55:2,
162:13, 163:12
knows [1] - 85:20
L
Large [2] - 1:24,
224:9
last [17] - 8:4,
11:13, 14:23, 47:16,
131:12, 131:22,
131:24, 132:2,
132:4, 148:25,
154:13, 155:18,
155:20, 159:3,
184:9, 195:8, 198:3
late [1] - 175:17
LAW [2] - 2:4, 2:12
law [4] - 6:12,
46:18, 100:10,
224:14
Law [i o] - 4:20,
5:1, 12:6, 24:19,
25:1, 38:6, 40:2,
43:10, 65:23,
183:24
lawn iii - 156:17
lawsuit [17] - 6:12,
6:14, 10:3, 39:11,
41:7, 47:6, 47:20,
48:5, 48:12, 52:3,
88:6, 96:2, 118:1,
118:13, 123:11,
172:17, 203:21
lawsuits [1] - 66:2
lawyer [24] - 9:18,
10:11, 10:24, 14:2,
26:3, 26:4, 38:15,
38:23, 48:25, 56:2,
65:24, 67:20, 80:9,
83:5, 92:11, 93:7,
93:11, 94:18, 96:9,
109:13, 109:22,
179:21, 208:5
lawyers [ 17] - 6 : 19,
19:23, 38:20, 47:8,

47:9, 47:13, 48:9,
55:15, 71:5, 72:4,
72:13, 75:1, 94:8,
97:7
lay Di - 109:23
leadership Di 114:9
learned [5] - 58:5,
113:17, 113:22,
118:19, 120:6
learning [1] - 48:7
least [4] 58:7,
75:24, 112:11,
193:23
leave [3] - 55:22,
79:22, 217:10
leaving [1] 175:16
led [1] - 52:9
ledger [11] - 81:11,
153:15, 153:18,
160:1, 160:10,
209:16, 212:3,
214:12, 214:14,
214:16, 214:19
ledgers [s] - 80:16,
80:23, 159:10,
209:15, 211:19
LEE [1] - 2:6
left [8] 59:4, 59:6,
61:2, 69:17, 70:7,
140:15, 216:2,
216:21
left-hand [2] 59:4, 69:17
legal [-Hs] - 10:12,
10:20, 12:3, 12:17,
12:21, 12:23, 13:4,
13:16, 15:5, 15:10,
15:13, 16:5, 16:12,
17:5, 19:2, 20:1,
20:10, 22:7, 31:4,
31:11, 32:9, 32:18,
33:19, 34:11, 34:16,
35:22, 36:5, 36:6,
37:15, 37:20, 38:13,
42:7, 43:11, 43:22,
43:25, 48:10, 48:21,
49:24, 50:4, 50:6,
50:8, 50:10, 51:25,
52:6, 59:14, 60:12,
61:24, 63:20, 69:25,
70:12, 70:23, 70:24,
71:2, 71:5, 71:7,
71:8, 71:12, 71:15,
71:17, 75:2, 75:7,
76:24, 77:9, 77:23,
78:25, 80:18, 81:24,
82:8, 83:11, 84:13,
-
84:19, 85:20, 85:25,

86:19, 88:23, 90:24,
93:8, 93:14, 97:6,
97:19, 107:4,
117:22, 121:23,
125:24, 150:12,
150:14, 150:19,
172:4, 173:22,
185:19, 200:17,
200:21, 201:1,
204:19, 205:12,
205:19, 206:10,
206:21, 207:22,
208:12, 208:13,
209:22, 209:24,
210:3, 210:4, 211:6,
211:9, 211:10,
211:25, 213:5,
213:9, 213:22,
213:25, 214:11,
214:13, 215:3
Legal [2] - 84:17,
85:24
legally [1] - 185:11
Lehtinen [3] 50:25, 51:5, 89:11
lent pi - 12:2
less [6] - 30:7,
75:19, 94:7, 134:6,
147:13, 147:15
letter [21] - 91:25,
92:7, 92:14, 92:17,
93:1, 93:6, 93:16,
93:24, 94:2, 94:5,
94:8, 94:11, 94:16,
94:19, 94:22, 95:3,
95:5, 95:8, 95:14,
95:20, 223:9
letters [3] - 73:25,
74:8, 95:6
Lewis [101] - 4:10,
4:11, 4:19, 4:20,
6:11, 12:6, 31:8,
31:21, 32:3, 32:13,
33:2, 34:11, 35:7,
35:11, 35:15, 35:19,
35:20, 36:1, 36:8,
37:5, 43:10, 44:12,
45:23, 46:14, 48:21,
50:22, 51:2, 51:23,
52:4, 52:6, 52:14,
55:16, 57:9, 61:25,
65:23, 66:22, 69:14,
70:12, 74:20, 80:19,
80:20, 81:23, 82:4,
82:20, 82:21, 82:25,
83:12, 84:20, 86:1,
86:20, 87:5, 87:10,
87:15, 88:1, 88:7,
89:12, 89:19, 91:14,
91:17, 91:23, 92:13,

93:20, 94:9, 96:3,
97:17, 97:24, 101:9,
105:12, 106:21,
115:4, 115:6,
115:15, 115:17,
116:3, 116:10,
117:21, 117:25,
123:20, 154:11,
158:9, 172:16,
172:22, 176:20,
184:25, 185:2,
203:21, 204:5,
205:1, 205:7, 205:8,
205:12, 205:21,
207:22, 207:25,
208:20, 209:4,
223:6
LEWIS [3] - 1:8,
1:8, 1:11
licenses [1] - 8:6
lie [5] - 72:24, 73:1,
82:12, 86:9, 121:20
lied [1] - 68:6
life [i] - 38:14
light [3] - 86:5,
113:16, 219:16
likely Eii - 32:11
limit Eli - 220:18
limited [2] 219:18, 220:19
Linda li ol 138:15, 138:19,
138:23, 139:1,
139:5, 139:8,
139:13, 139:18,
140:6, 142:18
line [16] - 52:23,
70:9, 128:25,
146:25, 159:10,
209:11, 209:23,
210:4, 211:11,
212:4, 212:7,
212:12, 213:20,
213:21, 214:12,
215:2
LINE [10] - 225:4,
225:4, 225:5, 225:5,
225:6, 225:6, 225:7,
225:7, 225:8, 225:8
lines [2] - 179:11,
203:25
links [1] - 58:25
list [17] - 15:1,
33:12, 91:3, 123:24,
124:2, 124:7,
124:10, 124:15,
124:18, 124:20,
126:22, 153:12,
153:13, 156:8,
7:10, 7:14, 13:21,
02/03/2013 06:30:03 PM

(305) 324-5431
70 of 83 sheets
14
167:2, 177:21,
183:1
listed [3] - 178:23,
179:2, 179:4
listen [3] - 41:1,
105:15, 183:18
listing [13] 153:14, 154:9,
156:2, 156:4, 156:9,
156:13, 158:18,
159:21, 178:16,
210:13, 210:14,
211:20
lists [1] - 101:5
litigation 18] 23:8, 23:9, 40:10,
75:18, 81:20, 92:8,
199:5, 199:10
litigations [1] 23:21
lives [1] - 102:19
loan [116] - 11:23,
12:8, 12:12, 12:22,
17:17, 19:6, 19:9,
32:24, 33:3, 35:22,
37:13, 37:14, 38:19,
43:11, 43:19, 44:23,
46:8, 50:8, 54:7,
55:19, 60:3, 60:4,
60:7, 60:9, 61:11,
63:19, 73:3, 73:8,
75:1, 75:2, 75:7,
76:8, 76:24, 82:8,
83:13, 83:17, 87:13,
88:23, 89:5, 91:20,
96:15, 96:16, 97:3,
97:10, 97:11, 97:14,
116:10, 117:22,
117:23, 123:20,
126:19, 131:23,
132:11, 132:17,
133:5, 149:10,
158:5, 158:17,
160:20, 160:25,
161:6, 161:7,
161:11, 164:21,
164:23, 164:24,
164:25, 165:1,
165:2, 165:9,
165:13, 165:21,
165:24, 166:12,
166:13, 166:14,
166:15, 166:20,
166:24, 167:23,
168:6, 168:16,
168:17, 168:20,
168:24, 169:2,
169:5, 169:11,
169:14, 169:15,
169:17, 169:20,
71 of 83 sheets
169:24, 170:1,
170:5, 170:7,
170:10, 170:13,
170:16, 171:6,
171:9, 171:14,
171:19, 171:22,
171:24, 205:6,
205:8, 205:10,
205:11, 205:19,
206:10, 207:21,
208:18, 209:11,
209:21
Loan [1] - 154:10
loaning [1] 205:23
loans [1181- 10:10,
12:16, 13:3, 13:7,
15:4, 16:4, 16:25,
17:4, 17:11, 17:12,
17:25, 18:3, 18:7,
18:10, 18:23, 19:13,
19:16, 20:22, 21:7,
21:10, 22:3, 22:9,
22:12, 22:18, 22:23,
23:2, 26:10, 31:10,
31:18, 31:24, 37:19,
40:6, 43:6, 43:7,
44:21, 44:25, 45:4,
45:6, 45:9, 45:12,
45:13, 45:17, 45:20,
46:6, 46:11, 46:24,
47:24, 51:12, 53:19,
54:22, 60:11, 66:21,
66:25, 67:6, 67:10,
67:11, 71:6, 71:9,
77:21, 78:24, 79:5,
80:16, 80:24, 81:14,
81:24, 83:10, 84:13,
85:21, 86:17, 86:24,
88:7, 89:1, 90:18,
90:23, 91:16, 96:13,
97:6, 97:7, 97:9,
97:20, 115:24,
116:3, 116:11,
116:23, 117:2,
118:10, 119:18,
120:2, 120:7, 121:8,
121:13, 121:17,
121:20, 148:1,
148:19, 158:21,
159:23, 159:24,
160:12, 160:18,
160:19, 161:4,
161:15, 162:7,
164:20, 165:4,
175:13, 177:3,
177:21, 177:23,
204:5, 209:4,
214:11
located [6] 122:17, 122:20,
122:24, 123:1,
162:1, 223:12
location [1] 199:16
look [44] - 8:11,
17:12, 39:1, 39:3,
43:7, 43:14, 47:17,
49:18, 52:21, 57:2,
57:19, 68:18, 76:15,
77:10, 78:18, 78:20,
79:17, 80:13, 82:17,
82:22, 84:16, 85:23,
86:11, 97:4, 97:10,
102:24, 105:8,
127:17, 128:3,
131:11, 137:13,
148:3, 150:8,
152:19, 153:2,
158:19, 190:13,
191:8, 191:10,
203:3, 203:5,
211:20, 212:2,
213:17
looked [1] - 137:13
looking [7] - 39:2,
97:4, 103:17, 182:8,
190:22, 191:2,
212:19
looks [3] - 130:6,
209:16
Lopez [8] - 5:1,
24:19, 25:1, 38:5,
40:2, 73:22, 152:11,
217:23
LOPEZ [57] - 2:14,
5:22, 5:25, 23:10,
26:18, 26:25, 39:6,
39:22, 48:16, 83:14,
89:22, 89:24,
109:22, 110:18,
111:22, 117:7,
118:24, 120:10,
120:18, 135:8,
146:24, 166:10,
168:7, 168:13,
175:8, 176:4, 182:9,
182:11, 182:14,
182:17, 184:2,
189:24, 198:13,
198:15, 200:20,
202:1, 202:9,
202:13, 202:15,
202:21, 202:24,
203:2, 203:11,
203:13, 205:13,
205:16, 206:14,
212:9, 212:11,
215:10, 217:24,
219:12, 219:22,
220:1, 220:6,
220:15, 220:22
loss [1] - 90:14
Louise [22] - 18:6,
36:12, 36:13, 36:15,
37:2, 37:11, 45:24,
48:22, 54:19, 62:16,
63:7, 70:22, 77:12,
78:22, 79:17, 79:18,
81:16, 86:24, 88:2,
206:23, 208:4,
208:16
lower [6] - 58:4,
61:2, 61:4, 70:7,
70:9, 74:1
lucky [1] - 209:1
lying [1] - 115:25
M
MA [1] - 154:4
mail [3] - 186:6,
189:9, 192:19
Mail [811- 41:3,
41:9, 41:10, 72:3,
72:7, 72:8, 72:12,
72:21, 105:1, 125:9,
125:13, 125:17,
125:23, 126:1,
126:2, 175:6,
175:11, 176:18,
177:14, 179:8,
181:8, 181:13,
182:19, 183:22,
184:7, 184:8, 184:9,
184:16, 184:19,
185:22, 186:5,
186:9, 186:10,
186:14, 186:16,
186:17, 186:19,
188:22, 189:1,
189:6, 189:10,
189:15, 190:11,
190:16, 190:18,
190:21, 191:8,
191:10, 191:12,
191:14, 191:17,
191:22, 192:1,
192:6, 192:24,
193:10, 193:15,
193:17, 193:18,
193:21, 194:3,
194:10, 194:18,
194:19, 194:23,
194:24, 195:4,
195:8, 195:11,
196:6, 196:8, 196:9,
197:25, 198:3,
198:10, 199:21,
199:23, 200:25,
201:12, 208:22,

(305) 324-5431
208:25
Mailed [1] - 193:22
mailed [2] - 33:14,
196:24
mails [3] - 103:7,
192:4, 198:5
Mails [4] - 183:11,
198:6, 198:8,
200:19
maintain [3] 53:18, 63:16, 63:19
maintains [1] 64:9
majority [4] 145:23, 146:3,
146:4
maker [1] - 100:10
man pi) - 38:15
manage [1] 101:14
management [12] 94:2, 94:5, 94:8,
94:16, 94:19, 94:22,
95:3, 95:5, 95:6,
95:8, 95:14, 95:20
Management [1] 95:14
manager [2] 100:22, 100:24
manner [9] - 31:8,
46:19, 55:19, 65:20,
67:9, 88:22, 97:5,
103:23, 176:3
manufactured [1] 99:4
March [2] - 8:10,
130:9
Mark [1] - 133:13
mark [10] - 56:9,
56:12, 56:13, 56:24,
57:25, 152:1, 182:7,
182:21, 182:22,
183:2
marked [22] 30:22, 42:2, 49:11,
49:14, 56:20, 65:8,
65:11, 68:25, 76:17,
79:25, 80:15,
123:18, 123:19,
123:20, 152:17,
152:20, 157:24,
182:10, 183:25,
184:4, 189:17,
198:17
marking [3] 68:11, 68:17, 68:20
married [2] 162:23, 163:9
Martinez [21] 13:1, 13:3, 15:3,
02/03/2013 06:30:03
PM
15
15:4, 16:1, 16:3,

17:4, 22:6, 51:18,
89:11, 94:21, 95:2,
114:4, 124:4,
133:14, 133:18,
134:15, 134:22,
134:24, 136:5,
144:23
Martinez' [1] 126:13
Master's [3] 114:19, 114:20,
114:23
match [1] - 36:4
material [2] 22:12, 110:24
materials [1] 47:18
math [1] - 157:1
matter [16] - 15:22,
22:11, 28:6, 28:7,
48:10, 110:11,
135:10, 147:1,
192:11, 192:13,
198:25, 199:3,
199:11, 199:13,
206:21, 220:20
matters [11] 35:16, 38:3, 39:7,
40:4, 99:17, 102:25,
112:22, 113:10,
184:24, 185:7,
188:19
maturity [6] 164:25, 165:1,
168:17, 168:20,
169:14, 169:17
Max 0] - 148:7
mean [57] - 15:9,
15:18, 20:14, 20:17,
22:10, 25:14, 32:2,
37:2, 37:10, 37:11,
42:21, 46:6, 50:12,
53:21, 54:10, 55:9,
55:13, 75:22, 76:12,
77:3, 77:20, 78:1,
78:5, 78:15, 79:1,
92:5, 104:4, 104:5,
106:11, 107:3,
120:21, 128:21,
128:23, 129:3,
129:6, 131:4,
135:15, 136:3,
140:12, 142:4,
142:14, 151:20,
153:24, 153:25,
156:5, 156:12,
158:15, 158:18,
160:22, 164:1,
181:12, 191:5,
02/03/2013 06:30:03 PM
28:25, 29:8, 29:9,

207:8, 209:8,
29:13, 31:5, 32:25,
216:15
35:12, 36:3, 37:20,
meaning [2] 46:8, 53:19, 60:10,
58:13, 219:20
67:21, 90:23, 91:17,
means [6] - 13:22,
92:16, 93:22, 100:7,
61:9, 78:2, 138:2,
138:8, 141:8,
141:10, 185:10
141:20, 141:21,
meet [5] - 186:2,
141:22, 141:23,
195:21, 195:25,
142:10, 147:19,
196:14, 197:13
148:1, 148:4,
Meeting [1] - 74:10
158:22, 160:1,
meeting [37] 160:4, 160:10,
11:22, 12:1, 12:19,
160:19, 161:4,
76:12, 76:13, 76:14,
161:15, 162:8,
87:6, 99:25, 100:17,
185:16, 210:5,
101:3, 101:11,
210:8, 210:19,
178:6, 178:8,
211:10, 211:14,
178:12, 178:13,
211:23, 213:5,
178:14, 178:15,
213:10, 213:22,
178:22, 179:8,
214:10, 214:13,
181:1, 181:3,
215:2, 215:8
181:12, 186:3,
membership [1] 196:2, 196:6,
88:18
196:10, 197:23,
memoranda [1] 200:1, 200:3, 200:4,
86:16
200:9, 200:12,
memorandum [1] 205:18, 207:6,
26:16
208:1, 208:2
memorized [1] meetings [12] 147:21
11:18, 18:18, 22:4,
mention [3] 22:5, 67:13, 90:21,
149:9, 205:22,
99:16, 99:23, 99:24,
207:25
101:25, 179:17
mentioned [10] Megan [10] - 59:21,
6:5, 14:7, 30:3,
60:21, 61:9, 61:10,
87:6, 87:7, 96:13,
70:6, 73:3, 73:10,
113:10, 122:1,
161:10, 161:13,
136:24, 158:8
162:6
message [1] Megan's [1] 141:2
60:13
met [3] - 36:15,
member [35] 36:19, 181:24
15:17, 15:19, 15:25,
MIAMI [2] - 1:2,
16:21, 28:18, 29:4,
224:5
31:10, 37:21, 43:11,
Miami [7] - 1:18,
43:19, 45:19, 71:10,
93:11, 93:13, 93:17,
2:5, 2:10, 4:6, 80:5,
112:17, 137:3,
110:13, 114:22
137:10, 138:2,
Miami-Dade [2] 138:4, 138:11,
80:5, 110:13
138:23, 141:14,
MIAMI-DADE [2] 141:15, 141:18,
1:2, 224:5
205:10, 205:12,
Miccosukee [60] 211:17, 212:12,
4:9, 4:22, 6:12, 8:5,
214:6, 214:7,
8:9, 10:18, 19:21,
215:13
28:24, 31:10, 36:1,
Members [1] -60:12, 65:22, 66:8,
199:8
69:13, 69:24, 80:17,
members [57] 84:19, 88:18, 92:1,
10:8, 20:20, 20:23,
97:18, 98:2, 105:21,
27:21, 28:22, 28:23,
106:6, 114:17,
116:9, 120:7,
129:18, 138:3,
138:7, 138:11,
138:19, 139:14,
140:18, 144:13,
145:13, 145:17,
148:21, 151:9,
156:10, 158:6,
158:12, 158:22,
159:2, 161:20,
163:4, 163:15,
163:16, 163:23,
172:10, 174:4,
174:21, 180:3,
185:9, 185:11,
192:10, 207:22,
209:12, 213:5,
214:11, 223:5
MICCOSUKEE [2]
- 1:5, 1:13
Michael [15] - 4:19,
44:15, 80:19, 84:20,
86:1, 86:20, 172:11,
172:15, 172:16,
172:17, 185:1,
185:2, 205:7, 205:8,
205:21
MICHAEL [1]- 1:8
middle [5] - 27:21,
29:7, 59:17, 70:2,
70:5
might [6] - 35:9,
92:9, 163:7, 177:17,
181:18, 188:13
Miguel [4] 89:11,
114:6, 144:16,
144:20
Mike [28] - 4:10,
6:11, 13:8, 18:9,
18:20, 51:20, 87:5,
87:9, 87:15, 89:11,
101:9, 126:16,
133:6, 133:14,
133:18, 134:8,
134:10, 134:12,
134:15, 134:18,
135:6, 135:7,
135:12, 135:17,
135:20, 135:22,
154:6, 154:17
million [13] 44:17, 149:13,
149:20, 150:24,
172:11, 173:14,
174:15, 174:22,
214:5, 214:6, 214:7
mind [1] - 97:3
mine [2] - 61:3,
126:15
ministerial [1] -

(305) 324-5431
22:13
minus [2] - 156:24,
157:4
minute [3] - 80:10,
159:1, 216:16
minutes [15] 67:12, 67:25, 68:8,
74:5, 75:25, 86:12,
87:11, 109:18,
204:6, 205:5,
207:19, 208:11,
216:8, 216:12,
220:4
mischaracterize
[1] - 119:12
miscoded [1] 174:10
misconduct [2] 29:24, 111:1
mislead [1] - 93:22
misleading [1] 85:16
misquote [1] 119:12
missed [1] 132:10
missing [3] - 86:3,
174:11, 182:16
Mister [2] - 41:12,
107:4
mister [1] - 14:14
misunderstood [1]
- 197:22
moment [5] - 14:7,
24:14, 121:16,
121:22, 153:3
moments [1] - 6:10
Monday [4] 99:23, 101:10,
175:3, 177:7
money [24] - 12:2,
31:12, 37:21, 44:22,
78:5, 87:1, 89:2,
89:4, 91:19, 94:15,
97:1, 151:3, 151:13,
158:23, 167:14,
205:24, 208:18,
209:24, 210:13,
210:14, 210:18,
211:9, 211:24,
215:2
monies [1] - 37:22
monitor (1] - 32:23
month [6] - 62:10,
90:15, 98:3, 128:11,
130:8, 130:9
monthly [1] - 90:14
months (2] - 47:16,
134:1
morning [2] -
72 of 83 sheets
16
99:23, 101:11
most [15] - 7:25,
32:11, 38:12, 39:12,
48:4, 48:8, 48:11,
138:9, 178:17,
178:23, 179:2,
185:6, 188:18,
199:14, 205:25
mother [1] - 36:14
Motion [3] 180:23, 184:21,
192:10
motion [2] 180:24, 187:16
move [4] - 24:5,
24:16, 113:11,
204:3
moving [1] - 112:7
MR [287] - 2:21,
2:22, 2:23, 4:17,
4:21, 5:9, 5:22,
5:25, 6:4, 10:23,
11:3, 11:4, 11:12,
11:16, 13:11, 13:12,
13:13, 13:18, 13:19,
13:20, 14:6, 23:10,
24:2, 24:6, 24:17,
24:21, 24:24, 25:3,
25:5, 26:1, 26:18,
26:20, 26:25, 27:8,
30:24, 37:24, 38:11,
39:6, 39:22, 39:23,
40:7, 40:11, 40:15,
40:16, 40:17, 40:18,
41:2, 41:12, 41:14,
41:15, 41:19, 42:1,
44:2, 44:14, 48:16,
48:19, 49:13, 49:22,
51:24, 52:2, 54:23,
54:24, 56:9, 56:23,
57:6, 57:17, 58:2,
58:3, 58:12, 65:10,
68:11, 68:15, 68:19,
68:20, 68:23, 69:9,
80:2, 80:9, 80:11,
80:12, 82:14, 82:16,
82:19, 83:3, 83:8,
83:9, 83:14, 83:16,
83:20, 89:22, 89:24,
90:2, 94:23, 95:1,
99:14, 109:17,
109:22, 110:15,
110:18, 111:7,
111:12, 111:14,
111:15, 111:17,
111:22, 111:23,
112:13, 112:14,
112:15, 113:1,
113:8, 113:21,
113:24, 113:25,
73 of 83 sheets
114:2, 114:11,
114:14, 116:13,
116:17, 116:21,
116:25, 117:9,
117:12, 118:21,
118:23, 118:24,
119:22, 120:10,
120:12, 120:18,
121:4, 125:6, 125:8,
135:8, 135:11,
135:16, 146:24,
147:8, 152:4,
152:10, 152:14,
152:19, 152:23,
153:2, 153:4, 153:7,
153:8, 157:22,
159:15, 160:7,
166:10, 166:21,
168:7, 168:10,
168:13, 168:15,
175:8, 175:10,
175:19, 176:4,
176:10, 178:19,
178:21, 179:10,
180:11, 180:13,
180:15, 182:7,
182:9, 182:10,
182:11, 182:12,
182:14, 182:17,
182:25, 183:2,
183:5, 183:6, 183:9,
183:17, 183:20,
183:21, 183:25,
184:2, 184:6,
189:17, 189:20,
189:23, 189:24,
190:1, 190:3,
190:22, 191:1,
191:4, 191:7,
195:15, 195:24,
198:13, 198:15,
198:20, 199:20,
200:20, 200:22,
200:24, 201:16,
201:18, 201:22,
201:24, 202:1,
202:3, 202:6, 202:7,
202:9, 202:10,
202:13, 202:14,
202:15, 202:19,
202:21, 202:22,
202:24, 202:25,
203:7, 203:9,
203:11, 203:12,
203:13, 203:18,
204:2, 204:10,
204:11, 204:14,
205:13, 205:15,
205:16, 205:17,
205:23, 205:25,
206:2, 206:14,
207:1, 208:21,
208:23, 208:24,
209:2, 212:9,
212:11, 212:14,
212:23, 213:2,
215:10, 215:12,
215:23, 216:5,
216:7, 216:10,
216:12, 216:13,
216:15, 216:19,
216:22, 216:24,
217:1, 217:5, 217:9,
217:11, 217:12,
217:15, 217:19,
217:24, 217:25,
218:6, 218:10,
219:10, 219:12,
219:19, 219:22,
219:23, 220:1,
220:2, 220:6, 220:9,
220:10, 220:15,
220:19, 220:22,
220:23
MS [14] - 4:24,
23:5, 25:24, 39:18,
52:1, 56:22, 57:5,
82:15, 83:7, 89:21,
89:23, 89:25, 152:9,
152:12
MT [1] - 152:6
MT-A [1] - 152:6
multiple [2] - 6:25,
32:23
N.W [1] - 223:12

name [21] - 4:17,
5:10, 5:13, 6:10,
41:13, 44:12, 44:15,
45:23, 54:3, 79:17,
82:20, 82:25,
113:22, 139:22,
140:2, 161:17,
163:4, 194:2,
197:19, 208:21,
208:24
named [2] - 85:7,
139:8
narrative [1] 120:23
nature [3] - 101:6,
175:21, 198:8
nauseam [1] 212:13
necessarily [13] 32:16, 55:2, 64:24,
76:12, 104:12,
131:8, 132:15,
132:19, 138:10,
158:19, 163:6,
167:3, 176:25
necessary [3] 112:19, 112:25,
185:10
neck [1] - 20:9
need [20] - 7:2,
10:24, 24:14, 24:23,
60:9, 76:17, 91:4,
156:23, 174:1,
182:1, 183:17,
188:10, 188:11,
193:7, 201:4, 201:7,
212:18, 216:11,
217:1, 217:18
needed [5] - 30:10,
42:15, 137:6, 181:9,
186:23
needing [1] 144:12
needs [4] - 44:4,
80:10, 140:8,
212:14
nefarious [1] 17:15
negative [2] 27:16, 199:11
Nelson [4] - 83:24,
97:9, 177:16,
177:25
never 051- 17:13,
40:11, 40:22, 67:16,
87:16, 89:14, 96:23,
97:3, 98:24, 113:1,
125:17, 125:23,
137:12, 194:1,
194:12
new [9] - 22:16,
123:15, 137:24,
138:20, 140:13,
140:15, 143:18,
193:8, 219:20
next [13] - 121:14,
154:3, 186:19,
192:19, 193:18,
194:18, 194:19,
194:23, 194:24,
195:19, 207:6,
208:1
nine [5] - 173:5,
173:8, 173:14,
185:25, 193:11
ninety [14] 130:23, 154:24,
154:25, 155:12,
155:25, 156:24,
156:25, 157:3,
157:5, 173:11,
173:18, 173:19,
174:17, 174:23

(305) 324-5431
ninety-five [7] 154:24, 154:25,

155:12, 155:25,
156:24, 156:25,
157:3
ninety-four [2] 157:5, 173:19
ninety-one [1] 173:18
ninety-three [2] 130:23, 173:11
ninety-two [2] 174:17, 174:23
NO [2] - 1:4, 223:7
nobody [2] - 17:6,
216:3
Non [1] - 141:21
Non-Tribal [1] 141:21
noncompliance
[1] - 98:11
none [6] - 52:16,
52:18, 82:19,
168:25, 169:22,
201:24
normal [1] - 104:5
normally [3] 103:24, 104:24,
133:9
Notary [3] - 1:23,
223:19, 224:8
NOTARY [2] 222:9, 224:24
notation [1] 45:24
notations [4] 34:18, 35:2, 36:10,
36:11
note [6] - 57:22,
166:7, 167:9,
167:10, 167:12,
167:13
noted [1] - 225:3
notes ] - 86:16
nothing [s] 27:16, 28:1, 37:9,
43:2, 113:5, 147:1,
188:12, 217:3,
219:20
Notice [1] - 1:25
notice [1] - 221:1
November [8] 42:18, 174:15,
174:19, 176:12,
176:13, 204:16,
204:25, 205:6
NTDR [5] - 77:24,
86:25, 185:4, 208:5
number [19] - 6:23,
10:3, 49:8, 58:3,
02/03/2013 06:30:03 PM
17
59:2, 59:4, 59:6,

59:9, 69:16, 69:19,
96:15, 99:12,
111:11, 111:14,
130:17, 152:5,
157:20, 159:16,
214:4
Number [6] 56:18, 85:23, 96:14,
183:10, 183:22,
189:25
numbers [7] 36:4, 74:1, 96:16,
150:7, 153:21,
154:1, 174:2
numerous [2] 23:13, 23:14
O
oath [5] - 74:25,
75:6, 110:7, 111:3,
125:16
object [17] - 23:5,
57:19, 65:21,
111:12, 117:7,
118:25, 135:8,
146:25, 147:6,
166:10, 176:7,
178:19, 197:8,
199:9, 217:19,
217:21, 218:3
objecting [1] 176:2
Objection [2] 168:7, 202:1
objection [33] 7:4, 7:6, 7:8, 11:1,
11:3, 23:25, 24:16,
25:24, 37:24, 38:16,
38:24, 41:16, 44:3,
44:7, 51:24, 51:25,
65:19, 82:14, 82:15,
83:7, 83:8, 89:21,
94:23, 111:6,
168:13, 175:8,
179:19, 200:20,
202:13, 203:2,
212:9, 215:10
objectionable [1] 204:1
objections [9] 38:13, 44:5, 44:9,
181:16, 185:11,
188:3, 188:5, 197:5,
197:6
objects [1] - 216:9
obligated [2] 47:12, 197:2
obligation
02/03/2013 06:30:03
PM
[2] -
97:23, 165:23
observe [1] - 67:19
obstruct [1] - 24:9
obtain [6] - 114:23,
181:9, 201:1,
201:18, 201:21,
201:23
obtained [1] - 10:9
obviously [5] -
110:9, 149:2,
175:22, 219:25,
220:4
occasions [1] 16:2
occupy [1] - 73:5
occur [4] - 16:14,
16:15, 16:18, 52:8

occurred [5] 23:22, 27:19, 75:19,
101:25, 150:2
October [12] 30:7, 124:13,
131:19, 131:22,
191:15, 191:19,
191:20, 191:24,
192:1, 192:6,
192:13, 193:6
odd - 129:7
OF [9] - 1:1, 1:5,
1:13, 1:22, 224:3,
224:5, 224:24
office [15] - 19:23,
103:25, 104:2,
122:16, 122:20,
122:24, 123:1,
123:15, 126:11,
126:13, 126:17,
162:1, 162:3, 187:6,
218:18
officer [11] - 60:3,
60:4, 60:7, 60:9,
61:11, 73:3, 73:8,
161:6, 161:7,
161:11, 179:25
offices [1] - 126:8
official [2] - 185:8,
224:19
old [3] - 8:11,
53:16, 123:7
once [2] - 112:19,
180:21
one [125] - 5:24,
5:25, 6:5, 6:23,
8:19, 8:24, 10:4,
15:2, 27:19, 29:9,
30:10, 38:12, 45:11,
48:4, 55:6, 55:7,
55:22, 60:24, 60:25,
65:17, 66:11, 70:4,
75:12, 78:6, 83:19,
89:25, 93:23,
110:20, 112:23,
129:11, 130:14,
130:20, 130:22,
131:5, 131:6,
131:17, 132:10,
133:2, 141:14,
142:11, 149:13,
149:20, 149:21,
150:24, 150:25,
151:2, 151:4,
151:15, 152:9,
153:7, 154:10,
154:15, 154:23,
155:6, 155:7,
156:12, 156:15,
159:12, 160:3,
163:7, 164:20,
166:17, 173:1,
173:5, 173:11,
173:14, 173:18,
177:20, 178:9,
178:17, 178:23,
179:24, 180:23,
184:2, 184:10,
184:11, 184:12,
186:11, 189:7,
189:18, 189:24,
190:1, 190:4, 190:7,
190:9, 190:18,
191:18, 193:1,
193:16, 193:19,
193:25, 194:8,
194:19, 194:24,
195:3, 198:3,
200:18, 201:15,
207:11, 208:16,
211:10, 211:11,
214:6, 214:7,
216:15, 217:8,
219:18, 219:21,
219:25, 220:2,
220:3, 220:9,
220:13, 220:19,
220:21
ones [1] - 13:3
opinion [3] - 10:5,
112:6, 112:12
opportunity [3] 67:19, 110:19,
111:2
opposed [1] 209:17
opposite [2] 181:25, 182:5
or/and [1] - 40:5
oral [1] - 179:20
orally [1] - 5:17
order [19] - 33:7,
33:17, 33:22, 34:3,
35:19, 58:15, 58:20,

59:1, 63:12, 63:14,
64:21, 65:5, 74:3,
130:16, 130:17,
130:18, 175:17,
188:11, 199:3
Order [3] - 180:23,
184:21, 192:11
ordering [1] 223:13
orders [2] - 57:8,
64:3
ordinary [1] 95:12
original [1] 196:18
originally [1] - 76:1
originals [4] 218:24, 219:3,
219:7, 219:8
otherwise [7] 32:24, 89:5, 91:21,
95:9, 101:6, 108:22,
113:5
outcome [2] 116:8, 116:22
outside [6] - 11:4,
71:5, 88:9, 93:8,
93:11, 94:8
outstanding [5] 92:10, 158:21,
177:3, 213:22,
214:11
overall [1] - 159:24
overbilled [1] 52:7
overheard [1] 22:14
overseeing [1] 18:21
owe [9] - 44:22,
97:1, 154:18,
155:14, 160:5,
211:17, 213:5,
214:10, 215:3
owed [13] - 20:23,
42:6, 42:7, 60:10,
78:5, 155:24,
158:23, 210:4,
210:5, 210:13,
210:18, 211:10,
213:9
owes [14] - 49:25,
151:13, 154:20,
155:10, 159:2,
159:5, 159:7,
159:12, 160:2,
160:13, 174:21,
209:24, 210:7,
210:15

(305) 324-5431
owing [1] - 37:22

own [19] - 7:1,
26:4, 93:14, 113:13,

141:16, 144:12,
181:19, 181:20,
182:1, 185:4,
185:14, 185:15,
185:17, 197:1,
197:3, 201:6,
201:14, 213:25
P
P.L [1]-1:8
p.m [17] - 1:19,

11:6, 11:11, 27:2,
27:7, 49:4, 49:9,
69:8, 99:13, 157:15,
157:21, 183:12,
183:23, 189:7,
189:10, 215:22
p.m. [2] - 4:4,
195:18
packing [1] 218:12
PAGE [11] - 2:19,
225:4, 225:4, 225:5,
225:5, 225:6, 225:6,
225:7, 225:7, 225:8,
225:8
page [24] - 42:2,
52:21, 56:12, 57:24,
58:1, 58:4, 60:25,
69:11, 70:3, 70:12,
70:18, 74:8, 74:14,
76:17, 77:16, 78:18,
154:3, 156:21,
157:8, 157:12,
206:4, 206:6,
206:17, 208:11
Page [26] - 3:5,
58:9, 58:19, 58:23,
59:6, 59:9, 59:18,
60:24, 61:23, 62:13,
62:18, 62:23, 64:19,
69:12, 74:7, 76:21,
77:10, 79:17,
174:14, 204:17,
204:18, 206:6,
206:8, 207:9,
207:20, 208:3,
208:10
pages [7] - 39:1,
49:18, 56:24, 73:23,
80:5, 183:10,
214:19
paid [30] - 15:12,
15:24, 31:8, 33:3,
42:9, 42:10, 42:22,
42:23, 55:18, 55:19,
74 of 83 sheets
18
92:7, 97:7, 97:22,

117:21, 131:4,
149:16, 150:23,
151:3, 154:17,
155:4, 155:6,
172:10, 172:15,
173:21, 173:24,
174:5, 174:6,
204:20, 211:25
paper [5] - 43:2,
106:17, 106:18,
130:2, 130:4
Paragraph [7] 80:13, 84:16, 85:5,
86:11, 86:13, 86:14
paragraph [6] 74:14, 74:22, 82:12,
86:11, 87:2, 204:22
paragraphs [1] 207:12
pardon [1] - 19:25
parens [1] - 53:4
part [25] - 19:2,
46:10, 52:10, 58:14,
66:6, 93:4, 95:17,
101:18, 101:19,
115:9, 116:5,
116:19, 138:13,
157:11, 159:20,
159:24, 174:7,
174:8, 206:3,
206:15, 206:18,
206:22, 210:6,
211:6, 213:19
part's [1] - 101:21
participate [2] 112:25, 113:1
particular [1] 54:13
particularly [1]7:21
parties [1] - 44:10
parties' [1] -
224:15
parts [1] - 5:13
party [6] - 108:24,
181:15, 184:23,
187:5, 187:17,
188:4
pass [1] - 83:5
passing [1] - 80:3
past Eli - 187:25
pattern [1] - 46:11
PAUL [1] - 2:10
Paul [2] - 4:17,
6:10
pay [45] - 10:11,
10:20, 12:3, 12:17,
13:4, 15:5, 15:25,
16:4, 16:25, 17:5,
75 of 83 sheets
31:11, 32:20, 33:7,

37:4, 37:12, 37:14,
37:20, 44:22, 45:24,
62:16, 63:7, 63:20,
70:22, 70:23, 75:2,
75:7, 76:24, 77:9,
78:25, 79:13, 83:11,
84:13, 137:5, 146:8,
156:15, 165:23,
167:22, 168:6,
201:14, 205:12,
207:22, 208:5,
209:22
pay" [21 - 37:10,
48:22
payable [17] 28:20, 33:8, 33:18,
98:23, 102:4,
103:11, 105:12,
137:4, 137:6,
137:11, 139:16,
139:24, 140:1,
140:8, 140:13,
140:15, 142:20
paying [4] 154:12, 202:25,
203:8, 208:17
payment [21] 15:15, 15:18, 16:12,
37:16, 71:5, 80:18,
82:5, 86:19, 88:2,
91:19, 93:23, 97:18,
129:18, 150:13,
154:11, 154:13,
166:13, 181:23,
185:19, 205:19,
209:24
payments [37] 15:8, 32:24, 33:3,
46:24, 54:13, 57:9,
63:22, 81:12, 84:18,
84:19, 85:25, 88:6,
91:14, 97:17, 97:25,
101:5, 115:15,
115:17, 116:3,
116:9, 117:2,
149:16, 149:17,
150:12, 151:8,
151:10, 151:14,
151:16, 154:17,
155:24, 156:10,
156:14, 156:17,
156:18, 156:20,
185:3, 211:22
pending [4] - 47:7,
82:2, 125:1, 199:1
people [15] - 6:25,
19:3, 20:18, 22:16,
44:22, 95:25,
100:16, 101:13,
105:24, 119:20,
138:6, 138:10,
141:24, 175:16
people's [1] 31:11
perm - 211:16
perceived [1] 26:16
percent [10] 34:20, 34:22, 34:25,
35:10, 93:20, 93:21,
138:5, 145:6,
146:22
percentage [2] 146:21, 147:19
Perez [1] - 4:22
PEREZ [1] - 2:6
performance [5] 26:13, 26:17, 27:11,
27:16, 27:18
performed [2] 31:4, 34:16
performing [3] 36:2, 161:6, 161:7
perhaps [1] 215:16
peril [1] - 113:13
period [8] - 25:10,
36:2, 66:4, 149:24,
156:3, 161:12,
199:17, 220:9
periodic [1]- 90:13
periods [1] - 16:15
permissible [2] 73:25, 108:10
permission [1] 109:9
person [30] 27:23, 28:23, 29:18,
30:12, 30:13, 30:14,
48:8, 48:11, 79:20,
83:19, 109:13,
110:6, 137:8,
137:16, 137:17,
137:21, 138:15,
158:15, 161:3,
161:13, 178:16,
179:2, 181:24,
185:6, 188:18,
194:15, 199:14,
199:24, 199:25
personal [11] 18:2, 154:16,
156:16, 156:19,
159:13, 181:11,
185:9, 185:12,
188:10, 199:22,
200:13
personally [3] 52:17, 185:13,
188:7
personnel [1] -
26:21
persons [3] - 48:4,
178:17, 178:23
pertains [1] 218:13
peruse [1] - 68:14
phone [2] - 192:16,
198:21
phrasing [1] 82:11
pick [4] - 152:5,
214:4, 215:25,
216:3
picked [5] - 33:14,
60:17, 60:19, 60:21,
218:22
piece [1] - 108:23
PINO [is] - 2:6,
4:24, 23:5, 25:24,
39:18, 52:1, 56:22,
57:5, 82:15, 83:7,
89:21, 89:23, 89:25,
94:23, 152:9,
152:12
Pino [2] - 4:24,
215:24
PL - 1:11, 4:11,
80:20
place [12] - 46:16,
46:20, 110:1,
127:24, 132:20,
148:23, 148:25,
153:17, 175:3,
192:15, 214:9,
224:11
placed [5] - 110:7,
111:3, 170:12,
170:16, 171:14
Plaintiff [5] - 1:6,
1:11, 2:2, 152:21,
183:7
plaintiffs [1] 152:4
Plaintiff's [6] - 3:9,
65:24, 152:7,
152:15, 152:17,
159:18
planned [1] -
111:11
planned" [2] 111:13, 111:16
play [1] - 40:13
plaza [1] - 100:24
pleading [1] 107:4
plus [1] - 172:18
PO [4] - 34:3,
59:11, 59:15, 59:16

(305) 324-5431
point [is] - 31:25,

32:17, 33:16, 33:18,
68:12, 113:8, 131:6,
132:20, 132:21,
137:22, 141:25,
142:5, 142:9,
163:12, 167:5,
203:19
pointing [4] - 59:3,
70:5, 81:3, 83:21
police [6] - 105:24,
106:6, 106:23,
107:7, 107:16,
107:19, 109:2,
109:10
policing [1] 141:23
political - 29:21
politics [1] 140:23
ponder [1] - 24:15
position [6] 13:22, 14:17, 30:11,
73:6, 163:19,
217:14
positive [1] - 27:19
possession [2] 64:17, 141:9
possible [1] 174:10
possibly [6] 16:10, 32:9, 83:5,
100:15, 102:1,
219:5
post [2] - 57:22,
90:9
post-it - 57:22
potential [2] 110:3, 111:1
potentially [3] 47:11, 112:2, 112:3
practice [3] 46:11, 142:15,
142:17
Prats [1] - 223:11
preparation [3] 23:21, 91:4, 218:22
prepare [10] - 90:3,
90:6, 90:13, 124:2,
124:10, 124:15,
124:20, 153:1,
153:9, 213:4
prepared [11] 123:24, 129:17,
131:13, 131:23,
133:5, 149:18,
151:7, 151:9, 159:4,
210:17, 213:19
prepares [2] 102:4, 210:17
02/03/2013 06:30:03 PM
19
preparing [1] -
processing
[2]
98:19
31:18, 32:24
present [10] - 7:19,

19:6, 76:2, 100:5,
101:17, 124:16,
178:10, 186:3,
187:18, 196:3
produce [6] 47:19, 49:1, 108:23,

160:4, 176:24,
177:1
produced [3] 65:13, 65:24,
218:14
producing [3] 74:4, 98:11, 108:21
professional [1] 8:6
proffering [1] 176:6
profit [1] - 90:14
prolonging [1] 217:3
promissory [5] 166:7, 167:9,
167:12, 167:13
prompted [1] 23:1
properly [1] 174:8
property [1] 154:12
prosecution [1] 55:10
protect (1) 187:20
protecting [2] 187:23
Protective [3] 180:23, 184:21,
192:10
prove [1] - 141:24
provide [1o] - 41:6,
47:11, 49:15, 68:21,
90:6, 124:6, 125:18,
177:2, 177:6
provided [13] 5:18, 73:22, 74:2,
88:13, 90:19, 92:14,
92:17, 103:24,
104:4, 104:8, 107:4,
204:7, 214:22
providing [5] 33:17, 37:19, 39:24,
40:10, 197:16
proving [1] - 66:21
Public [3] - 1:24,
223:19, 224:9
PUBLIC [1] - 222:9
public [3] - 38:17,
98:15, 196:22
presented [1]76:1
preserving [1] 7:7
pretty [1] - 174:12

previous [1] -
168:22
9:4, 14:23, 71:21,
71:23
printed [5] 155:16, 155:18,
155:20, 155:21,
155:22
printout [1] 153:17
previously
[4]
private [1] - 181:9

privilege [21] -
23:6, 23:12, 23:17,

24:1, 24:3, 37:25,
38:8, 40:9, 40:25,
41:5, 41:21, 119:1,
119:10, 179:13,
179:20, 180:2,
202:2, 202:20,
202:21, 202:24,
203:13
privileged [3] 182:4, 197:10,
200:23
privileges [3] 40:1, 40:21, 40:23
privy [1] - 101:15
problem [2] 17:22, 57:25
problems [1] 108:17
procedure [3] 32:22, 46:20, 46:21
proceed [1] - 49:13
proceeding [3] 24:8, 112:21, 113:2
proceedings [1o] 11:8, 27:4, 49:7,
57:14, 66:1, 69:6,
99:10, 157:18,
185:17, 215:20
process [9] 12:21, 15:7, 31:17,
46:24, 60:11, 91:2,
94:2, 187:2
processed [1] 31:24
02/03/2013 06:30:03 PM
PUBLIC/STATE [1]
- 224:24
53:16,
55:1, 64:12
pull
[3] -
purchase [15] 33:7, 33:17, 33:21,

34:3, 35:19, 57:8,
58:15, 58:20, 59:1,
63:12, 63:14, 64:3,
64:21, 65:5, 154:12
purported [1] 23:12
purpose [5] - 4:6,
6:20, 57:23, 187:21,
212:6
purposefully [1] -
192:16, 195:1,
195:22, 196:15,
197:9, 203:20,
203:25, 212:25,
216:18, 217:2,
217:4, 217:6, 218:4,
218:11, 218:12,
219:11, 219:23,
220:3
quick [1] - 13:13
101:10
purposes [5] - 7:7,
125:4, 147:2, 211:2,
214:10
pursuance [1] 23:9
pursuant [4] 1:24, 40:1, 48:15,
56:4
put [14] - 11:2,
29:15, 38:16, 46:20,

94:15, 94:18, 94:22,
95:3, 125:10,
132:12, 152:6,
171:5, 182:6,
194:14
Q
quantifiable [1] 16:2
quarterly [4] -
37:22, 55:19, 77:6,

78:6
quarters [3] 52:23, 53:2, 206:16
questioned [1] -
105:24
questioning [16] 68:13, 109:23,
109:25, 110:7,
111:6, 111:24,
112:7, 112:10,
113:12, 146:25,
158:9, 175:22,
176:2, 176:7, 197:8,
208:19
questions [41] 6:13, 27:9, 39:17,
56:17, 103:5, 103:8,
105:16, 109:19,
109:20, 110:6,
115:7, 142:10,
166:19, 176:9,
179:12, 179:16,
180:9, 181:6, 182:2,
185:20, 186:12,
186:24, 188:12,
RAE [7] - 1:22,

2:20, 5:5, 5:15,
222:3, 223:8,
224:10
Rae [1] - 5:12
raised [1] - 186:24
raising [1] - 26:16
range [1] - 42:11
rate [2] - 166:13,
167:22
rather [3] - 56:12,
195:12, 217:15
re [6] - 8:2, 62:18,
62:25, 70:15, 216:6,
218:4
RE [1] - 223:5
re-ask ill - 8:2
re-deposed [1] 216:6
read [39] - 11:13,
11:14, 74:13, 74:22,
76:21, 80:5, 106:17,
116:14, 116:15,
130:10, 131:18,
183:18, 184:18,
186:21, 188:24,
189:15, 190:4,
190:7, 190:9,
190:11, 190:19,
190:20, 190:25,
192:7, 192:24,
193:1, 194:19,
195:1, 195:2, 195:3,
198:19, 204:22,
206:3, 206:13,
206:15, 218:21,
223:11, 225:2
reading [5] - 75:15,
149:14, 190:2,
207:11, 223:10
Reading [1] 221:1
reads [4] - 78:18,
184:19, 204:18,
207:11
ready [1] - 223:10

(305) 324-5431
real [2] - 29:20,
87:13
realization [1] -
121:11
realized [4] 121:13, 121:16,
121:22, 137:15
really [12] - 7:22,
17:11, 30:1, 45:9,
52:7, 72:11, 96:23,
97:11, 108:16,
142:21, 163:13,
216:11
reason [11] - 7:11,
7:15, 8:17, 17:24,
19:24, 45:3, 151:12,
171:4, 193:21,
196:19, 197:18
reasons [3] - 8:19,
68:5, 145:10
receivable [36] 12:22, 12:24, 15:9,
15:11, 15:15, 19:2,
19:17, 20:1, 22:7,
33:20, 35:22, 36:5,
43:23, 50:6, 59:14,
69:25, 82:8, 82:18,
86:17, 97:6, 103:11,
151:2, 151:17,
151:18, 152:20,
154:15, 158:10,
158:16, 158:21,
159:13, 174:7,
209:16, 211:7,
211:9, 213:25
receivables [1o] 20:11, 50:10, 88:23,
90:18, 158:11,
159:25, 209:5,
209:9, 209:11,
214:13
receive [13] 63:10, 72:3, 77:25,
125:9, 125:13,
126:2, 176:18,
177:14, 189:9,
196:23, 200:25,
206:23, 214:18
received [1o] 25:11, 46:8, 71:23,
71:24, 137:12,
176:20, 187:9,
193:23, 194:12,
198:21
receives [1] - 77:4
receiving [2] 89:19, 201:12
recently [5] - 47:7,
59:25, 121:21,
145:16, 163:15
76 of 83 sheets
20
recess [5] - 11:7,
27:3, 112:5, 112:12,

113:19
recognize [2] 152:24, 190:24
recollect [1] 34:14
recollection [8] 11:22, 31:23, 35:18,
36:8, 63:6, 75:15,
95:7, 102:2
recommended [1]
- 185:15
recommends [2] -
181:20, 201:5
reconcile [2] -
87:2, 87:3
reconciliations [1]
- 90:11
record [60] - 4:2,
4:16, 5:11, 6:20,

7:1, 7:7, 11:2, 11:6,
22:10, 24:2, 24:25,
25:25, 27:7, 38:17,
39:6, 39:19, 39:23,
41:23, 42:2, 44:7,
49:4, 49:6, 49:9,
56:10, 56:25, 57:13,
66:6, 69:5, 81:11,
99:7, 99:9, 99:12,
104:23, 104:25,
109:24, 113:23,
146:24, 147:3,
157:15, 157:17,
157:20, 175:23,
179:11,182:13,
182:15, 182:25,
183:9, 183:22,
184:18, 185:6,
189:15, 190:19,
195:2, 196:23,
205:25, 206:14,
212:14, 215:19,
215:22, 219:13
recorded [4] 11:15, 116:16,
156:3, 160:19
recording [2] 33:19, 82:18
records [34] 20:25, 21:2, 21:4,
21:5, 21:15, 21:18,
21:24, 32:19, 40:10,
47:23, 48:1, 53:18,
63:18, 64:10, 66:14,
74:7, 82:20, 84:17,
85:6, 85:24, 105:5,
108:16, 113:17,
160:2, 184:24,
188:20, 188:21,
77 of 83 sheets
197:16, 197:17,
198:23, 199:12,
199:16, 209:20
recouping [1] -
37:20
recross [2] 217:17, 219:24
red [1] - 97:13
redacted [1) - 74:3
REDIRECT [2] -
2:22, 218:9
redirect [2] 217:17, 218:5
reduced [4] 145:24, 146:2,
146:4, 146:7
reduction [1] -
53:14
reductions [1] -
151:5
refer [2) - 99:22,
159:16
referred [14] 30:21, 39:19, 49:10,
56:19, 65:7, 68:24,
79:24, 152:16,
182:13, 182:18,
182:20, 184:3,
198:16, 199:4
referring [14] -
10:1, 10:15, 13:25,

14:2, 14:8, 16:11,
24:18, 24:19, 24:25,
36:10, 49:1, 54:14,
60:23, 60:25
refers [1] - 13:14
reflect [5) - 24:3,
54:22, 158:21,
169:10, 170:9
reflected [17] 54:7, 85:21, 157:7,
158:11, 159:3,
159:4, 159:6, 159:7,
160:9, 166:1, 166:2,
174:3, 174:5,
194:10, 194:11,
209:22, 214:7
reflecting [9] 80:16, 81:12, 84:18,
159:11, 169:7,
169:23, 170:19,
171:5, 171:13
reflective [1] 63:18
reflects [5] - 80:23,
169:1, 169:17,
170:4, 170:25
regard [7] - 41:6,
86:3, 91:2, 119:6,
138:9, 183:14,
217:14
regarding [15] -
29:4, 48:20, 99:16,

112:6, 115:7,
126:19, 169:13,
175:3, 175:13,
177:21, 177:23,
178:7, 196:15,
198:23, 204:5
regards [1] 121:23
registry [1] - 148:2
regular [1] - 90:21
regularly [1] - 98:7
reign [1] - 89:15
reimbursing [1] 77:23
relate [1] - 184:24
related [12] 27:24, 29:24, 40:5,
55:13, 60:6, 80:19,
83:22, 119:2, 119:8,
119:14, 122:5,
150:19
relates [4] - 62:19,
110:12, 114:16,
184:22
relating [2] - 38:4,
185:13
relationship [4] 122:7, 162:10,
162:17, 197:11
relative [3] - 28:1,
63:19, 224:14
release [8] 105:21, 107:12,
107:14, 108:2,
109:9, 125:14,
125:24, 126:4
released [7] 33:12, 39:13,
105:18, 106:13,
106:14, 106:16,
106:20
relevance [2] 147:7, 203:25
relevant [4] - 6:14,
47:23, 147:1,
199:17
remain (1] - 63:13
remains [1] - 58:15
remember [36] 18:8, 71:22, 71:25,
84:6, 102:23,
106:19, 106:24,
118:2, 118:18,
120:5, 121:15,
121:24, 127:6,
127:16, 134:5,
134:9, 149:4, 149:6,
172:20, 175:1,
175:6, 175:11,
175:14, 175:15,
177:5, 177:8, 177:9,
177:22, 178:8,
178:11, 178:13,
178:14, 178:15,
204:21, 219:5
rep [3] - 93:6,
93:16, 93:24
repay [2] - 44:20,
97:23
repayment [9] 78:7, 79:5, 96:24,
165:20, 166:3,
169:4, 169:8, 170:1,
170:5
repayments [3] 12:12, 18:3, 79:8
repeat [1] - 46:17
rephrase [2] 116:13, 117:1
replaced [1] 71:18
report [1] - 160:4
reported [1] 224:10
REPORTER [1] 224:23
reporter [7] - 4:12,
6:23, 11:13, 11:15,
55:23, 73:24,
116:16
Reporter [3] - 1:23,
223:18, 224:8
Reporting [1] 223:11
reports 0) - 26:15
represent [6] 4:19, 110:22,
180:16, 181:15,
188:1, 188:7
representation
- 84:21, 86:2,
86:20, 91:25, 93:1,
93:16, 115:18,
116:4, 200:18,
204:20
[lo]
representations
[1] - 103:18
represented [12] -
10:6, 25:12, 25:14,

25:21, 31:11, 35:11,
35:15, 74:20,
107:15, 108:4,
119:25, 200:13
representing [18] -
10:20, 23:24, 83:1,

93:11, 109:13,
110:4, 110:11,

(305) 324-5431
176:11, 180:17,
181:2, 181:4,
181:10, 181:14,
185:19, 197:4,
197:5, 201:8,
202:12
represents [1] -
65:16
Request [2] -
74:15, 206:3
request [27] -
10:19, 24:13, 28:20,

29:15, 47:18, 52:9,
74:14, 75:7, 76:1,
76:5, 76:10, 76:24,
78:9, 78:11, 92:6,
104:14, 104:15,
104:18, 104:23,
124:25, 125:3,
125:4, 175:18,
198:23, 204:18,
204:19, 206:4
requested [17] 11:23, 46:16, 47:19,
91:3, 93:6, 93:7,
93:10, 104:5, 104:6,
124:18, 124:22,
149:1, 175:2, 179:9,
198:24, 208:4
requesting [7] 76:4, 81:24, 104:7,
124:23, 125:10,
175:12
required [1] 185:11
requirement [1] 98:3
reserve [2] - 216:2,
217:8
resignation [1] 145:10
resigned [6] 136:12, 136:13,
136:14, 136:17,
145:5, 145:7
resist [1] - 108:22
resisted [1] - 74:4
resolve [1] - 218:2
resolved [2] 28:14, 218:2
respect [5] - 29:1,
86:16, 111:25,
113:9, 217:13
respectfully [3] 112:5, 176:2,
188:25
respond [1] 22:24
responding pi -
188:22
02/03/2013 06:30:03
PM
21
response [8] 41:23, 186:11,

186:12, 186:16,
186:23, 194:25,
196:18, 204:5
response) [1] 25:16
responses [1] - 7:5
responsibility [4] 79:13, 111:20,
112:20, 113:14
responsible [4] 93:13, 142:11,
161:3, 161:14
responsive [1] 47:12
restroom [2] 7:13, 182:23
result [4] - 30:19,
46:19, 199:4,
206:21
resulted [1] - 29:17
retain [1] - 71:12
retaining [1] 121:5
retirement [4] 77:1, 86:25, 207:3,
208:15
return [1] - 166:13
revenue [1] - 17:16
Revenue [1] 124:16
review [7] - 49:17,
49:20, 57:2, 90:11,
91:4, 103:21,
152:11
reviewed [6] 32:18, 42:2, 67:23,
68:7, 86:12, 90:15
REYES [6] - 2:12,
2:14, 4:25, 114:11,
220:9, 220:19
Reyes [6] - 4:25,
24:19, 38:5, 40:2,
119:8
Reyes' [1] - 25:1
ride [1] - 216:16
right-hand [1] 58:4
rise [1] - 75:17
risk [1] - 142:11
Road [1] - 2:13
Rodriguez 111126:7
role [3] - 60:2,
146:20, 185:8
rolled [1] - 85:3
ROMAN [110] - 2:3,
2:5, 2:22, 4:21,
11:3, 13:11, 13:13,
02/03/2013 06:30:03 PM
13:19, 24:2, 24:17,

24:24, 37:24, 39:23,
40:11, 40:16, 40:18,
41:12, 41:15, 51:24,
58:2, 68:23, 82:14,
83:8, 111:7, 111:14,
111:17, 112:13,
112:15, 113:21,
113:25, 114:2,
114:14, 116:21,
116:25, 117:9,
117:12, 118:23,
119:22, 120:12,
121:4, 125:8,
135:11, 135:16,
147:8, 152:10,
152:14, 152:19,
152:23, 153:4,
153:8, 157:22,
160:7, 166:21,
168:10, 168:15,
175:10, 176:10,
178:21, 180:11,
180:15, 183:5,
183:25, 184:6,
190:1, 190:3, 191:1,
191:4, 191:7,
195:24, 198:20,
199:20, 200:24,
201:18, 201:22,
202:3, 202:7,
202:10, 202:19,
202:22, 202:25,
203:7, 203:12,
204:2, 204:11,
204:14, 205:15,
205:17, 206:2,
207:1, 208:23,
209:2, 212:23,
213:2, 215:12,
215:23, 216:10,
216:13, 216:19,
216:24, 217:5,
217:11, 217:15,
217:22, 218:6,
219:10, 219:19,
219:23, 220:2,
220:10, 220:23
roman [1] - 52:1
Roman [62] - 4:21,
9:18, 9:20, 10:25,
13:20, 13:23, 14:14,
19:6, 21:21, 22:18,
23:12, 25:3, 25:6,
26:9, 30:3, 30:19,
31:3, 31:7, 31:11,
39:11, 40:7, 45:12,
47:7, 47:13, 48:1,
48:3, 48:8, 51:22,
52:3, 66:25, 67:15,
67:23, 72:4, 72:21,
73:24, 74:2, 80:4,

80:14, 82:10, 85:5,
86:12, 93:19, 96:2,
98:10, 102:24,
103:20, 104:12,
107:5, 107:7, 107:9,
107:14, 108:3,
109:14, 110:2,
110:5, 112:1, 113:8,
119:11, 125:24,
183:23, 219:3,
219:14
room [3] - 119:25,
121:6, 202:11
roughly [1] - 60:25
route [1] - 32:15
rules [1] - 6:18
run [2] - 120:19,
142:11
running [1] - 44:9
ruse [2] - 87:9,
87:22
s-e-I [1] - 14:19

S.E[1]- 1:17
safe [1] - 148:22
sake [1] - 166:18
salaries [1] 145:24
salary [5] - 145:21,
145:22, 147:4,
147:9, 147:13
sat [2] - 107:23,
203:19
Savoy [1] - 4:13
saw [2] - 35:7, 68:8
schedule [54] 42:6, 42:15, 49:24,
54:12, 132:18,
132:21, 132:24,
133:8, 147:25,
148:19, 148:24,
149:10, 149:11,
149:16, 149:17,
151:7, 151:9,
151:10, 151:14,
151:20, 151:23,
153:9, 153:10,
153:11, 155:5,
155:10, 155:11,
155:15, 155:24,
156:1, 157:24,
158:10, 158:17,
158:19, 159:3,
159:14, 167:4,
168:25, 169:22,
172:3, 174:9,
177:10, 177:11,
209:17, 210:6,
210:12, 210:14,
211:1, 211:3, 212:5,
212:6
scheduled [3] 72:1, 192:12,
192:13
schedules [1] 133:5
scheinberg [i) 119:8
Scheinberg [5] 5:2, 41:14, 41:15,
113:24, 179:25
SCHEINBERG [38]
- 2:15, 25:3, 40:7,
40:15, 40:17, 41:2,
41:14, 41:19, 54:23,
68:11, 68:19, 80:11,
111:23, 112:14,
113:8, 113:24,
116:13, 116:17,
118:21, 125:6,
175:19, 182:12,
182:25, 183:9,
183:17, 189:17,
189:20, 189:23,
190:22, 195:15,
200:22, 201:16,
201:24, 202:6,
202:14, 203:9,
205:25, 216:5
SCHEINBERG: [1]
- 183:21
scheme [4] - 43:6,
46:11, 52:4, 52:10
schemes [1] 51:23
scream [1] 120:20
screen [1] - 212:16
SE [1] - 2:9
seal [1] - 224:19
search [2] - 47:11,
137:14
seated [1] - 48:9
second [14] 26:24, 74:13,
111:21, 128:19,
129:22, 129:25,
130:1, 130:3,
138:20, 153:7,
157:12, 182:23,
183:18
Second [3] - 1:17,
2:9, 4:5
secret [5] - 17:8,
45:8, 78:13, 96:4,
96:18

(305) 324-5431
secretary [4] 100:11, 100:12,

126:3, 126:6
secreting [1] 180:6
section [3] - 62:19,
62:25, 70:15
see [37] - 34:25,
42:14, 42:19, 44:12,
44:15, 53:9, 56:22,
74:10, 74:15, 77:12,
77:13, 84:22, 85:1,
86:21, 93:24, 95:5,
96:1, 105:10,
110:21, 130:17,
137:25, 149:7,
158:16, 158:20,
183:16, 190:1,
201:13, 207:16,
208:7, 209:21,
211:21, 211:22,
211:24, 212:3,
214:16, 214:21
seek [2] - 200:17,
201:15
seem [2] - 27:25,
78:13
Seminole [5] 28:24, 138:4, 138:7,
138:11, 138:24
send [12] - 72:21,
98:25, 103:7, 141:2,
175:7, 175:12,
177:9, 179:8,
186:16, 189:9,
198:3, 199:21
sending [1] - 198:5
sense [6] - 21:18,
82:21, 86:4, 106:5,
194:2, 209:18
sent [16] - 5:25,
46:18, 125:17,
125:23, 175:11,
181:13, 184:7,
184:10, 184:11,
184:16, 185:22,
186:8, 186:19,
193:10, 193:16,
194:3, 198:6, 198:9,
198:10
sentence [1] 82:11
separate [7] 56:13, 69:12, 96:14,
96:15, 96:16,
160:18, 210:12
separately [2] 96:17, 160:16
September [1] 78:19
78 of 83 sheets
22
sequence [1] series [1] - 105:16

serious [1] - 110:2
serve [1] - 187:8
served [5] - 6:1,
180:22, 187:10,
187:12, 196:24
service [2] -
100:24, 156:17
Service [2] -
124:17, 223:11
serving [1] - 98:11
set [6] - 9:4, 55:22,
68:21, 79:22,
103:12, 224:18
setting [1] - 6:6
seven [12] -
128:17, 149:13,
149:20, 150:24,
155:8, 157:5,
172:12, 173:8,
214:5, 220:7,
220:13
seventy [6] -
131:17, 173:5,
173:11, 173:19,
174:16, 174:23
seventy-five [1] -
131:17
seventy-one [2] -
173:5, 173:11
seventy-three [1] -
173:19
seventy-two [2] -
174:16, 174:23
several [8] - 8:19,
60:24, 75:14,
102:23, 115:6,
138:21, 158:8,
199:1
severe [1] - 145:21
SGCMTG [1] - 74:9
share [1] - 96:10
SHEET [1] - 225:1
sheet [2] - 131:12,
159:19
short [2] - 11:7,
27:3
Short [1] - 4:18
SHORT [1] - 2:11
shortly [1] - 27:19
shoulder [1] - 57:3
show [14] 7:22,
38:14, 49:14, 57:18,
97:10, 151:5, 152:1,
155:20, 186:7,
193:15, 208:14,
208:15, 210:6
showed [2] - 5:23,
-
79 of 83 sheets
6:1
showing [4] -
190:5
38:19, 65:11,
154:17, 176:24
shown [4] 151:10, 159:22,
214:3, 214:14
shows [13] - 89:2,
155:21, 156:14,
156:15, 186:8,
186:12, 205:6,
208:11, 210:18,
211:9, 213:4, 213:9,
215:2
side [2] - 70:18,
126:12
sides [1] - 220:12
sign [1] - 223:11
signalled
[1]-
39:11
SIGNATURE [1] -
222:1
sixty-two
[3] -
130:23, 131:2,
131:6
skip [1] - 78:6
small [1] - 73:25
smoking [1] -
97:14
so.. [2] - 63:10,
208:25
soliloquy [1] -
180:12
Solutions [1] -
4:14
someone [5] -
32:20, 158:20,
159:1, 161:17,
197:20
someplace [1] 151:13
sometime [6] -
signature [12] -
37:4, 59:21, 60:14,

60:17, 60:22, 60:23,
61:2, 70:6, 70:7,
70:8, 70:21, 208:10
Signed [1] - 225:11
signed [11] 36:12, 37:2, 38:2,
40:4, 48:22, 52:3,
62:16, 63:7, 70:22,
82:4, 96:3
signing [2] - 221:1,
223:10
similar [1] - 85:24
simply [2] - 113:9,
188:11
Sincerely [1] -
223:16
sister [2] - 139:2,
141:1
sit [2] - 113:18,
145:6
sitting [1] - 47:13
six [17] - 47:16,
53:23, 128:7, 128:8,
128:10, 128:13,
149:14, 149:21,
150:25, 156:25,
157:4, 172:11,
173:4, 173:19,
207:12
sixty [7] - 128:16,
128:19, 129:7,
130:23, 131:2,
131:6, 173:15
sixty-eight [1] -
173:15
sixty-three
128:16, 128:19,
129:7
30:6, 119:19, 121:7,

121:18, 121:21,
137:10
sometimes [1] -
138:14
son [6] - 137:5,
137:6, 139:16,
140:9, 140:14,
140:16
soon [2] - 180:8,
199:18
soon-to-be [1] -
180:8
sorry [24] - 41:12,
62:8, 113:21,
123:18, 123:19,
126:16, 128:10,
128:19, 129:24,
134:24, 144:23,
151:21, 153:4,
153:13, 153:16,
159:17, 166:24,
174:2, 174:20,
189:20, 207:23,
208:13, 208:23,
209:13
sort [5] - 20:15,
28:1, 62:12, 64:5,
218:4
sounds [5] - 7:22,
29:20, 32:22, 109:8,
109:11
source [2] - 91:3,
93:23
Southeast [1] - 4:5
spat [1] - 29:21
speaking [5] -
[3] -
6:25, 13:15, 30:5,
STATE [1] - 224:3

State [3] - 1:24,
91:2, 181:21
speaks [1] -
183:13
Special
67:24,
[3] -
74:10, 78:10
special
[2] -
statement [14] -
76:24,
208:1
specific [24] 44:4,
50:6, 50:8, 55:3,
83:19, 85:8, 94:3,
118:3, 118:24,
118:25, 120:18,
120:21, 121:2,
132:11, 135:14,
142:19, 154:10,
159:11, 160:14,
166:12, 176:16,
211:11
-
specifically [6] -
23:15, 50:4, 118:9,

160:17, 175:5,
210:6
specifics [1] -
88:10
specify
223:19, 224:9
stated" [1] - 74:23
[2] -
14:1,
14:3
Speculation [1] -
200:21
speculation [1] -
117:8
spell [2] - 5:13,
102:11
spent [1] - 94:15
spoken [1] - 22:15
spread [1] - 159:19
sS [1] - 224:4
stack [1] - 79:23
staff [7] - 13:10,
20:13, 20:14, 20:21,
30:10, 48:10, 59:23
Staff [1] - 20:17
stage [1] - 110:9
stand [2] - 20:9,
57:1
stands [1] - 74:9
staple [1] - 183:17
start [4] - 71:20,
111:23, 127:10,
150:6
started [7] - 42:15,
127:3, 127:5, 127:7,
127:9, 163:25,
164:3
starting [5] -
10:17, 44:19, 154:2,

156:13, 183:11
starts [1] - 42:12
state [5] - 5:10,
39:21, 126:24,
182:13, 182:14

(305) 324-5431
6:22, 10:14, 18:15,

23:4, 35:4, 54:6,
80:20, 86:5, 214:17,
214:20, 214:23,
215:1, 215:5, 215:6
statements [7] 18:21, 18:22, 18:24,
90:13, 90:14, 212:3,
215:14
states [2] - 167:21,
168:5
stating
[3]
125:18, 199:21,
199:23
status [2] - 199:12,
211:3
stay [1] - 175:17
stenographer [1] 7:20
step [2] - 11:4,
182:22
Stephan [1] - 5:1
STEPHEN [1] -
2:14
sticker [1] - 152:8
still [11] - 7:6,

53:18, 59:24, 71:15,
73:10, 97:1, 102:17,
112:9, 142:9,
201:16
stipend [4] - 77:2,
77:4, 206:20,
208:15
stop [2] - 7:16,
109:5
stopped [1] - 164:1
story [1] - 193:25
straight [2] -
135:4, 146:14
Street [3] - 1:17,
2:9, 4:6
strict [1] - 64:7
string [1] - 198:2
strongly [1] -
175:24
stub [6] - 58:11,
58:14, 58:23, 59:1,
59:12, 59:15, 63:14,
69:12, 69:13
stubs [2] - 57:9,
64:17
stuff [3] - 106:25,
121:23, 218:13
styled [1] - 223:10
subject [2] -
02/03/2013 06:30:03 PM
23
183:14, 220:20
submit [1] - 85:18
submitted [2] 33:3, 71:4
submitting [1] 98:11
subpoena [28] 5:19, 5:21, 5:22,
6:8, 25:11, 48:15,
56:4, 71:23, 115:1,
176:20, 176:24,
177:1, 177:14,
177:20, 177:22,
177:25, 178:2,
180:22, 181:14,
187:4, 187:7, 187:9,
193:4, 193:5,
193:22, 193:23,
196:19, 196:24
subpoenaed [5] 5:18, 71:21, 71:22,
116:12, 194:5
subpoenaing [1] 177:12
subpoenas [1] 125:10
subscribed [1] 222:5
subsequent [3] 186:2, 200:10,
219:17
subsequently [9] 30:22, 49:11, 56:20,
65:8, 68:25, 79:25,
152:17, 184:4,
198:17
substantial [1] 98:10
sued [1] - 10:8
sufficient [1] 18:19
suggest [8] 26:21, 54:6, 97:13,
111:24, 112:5,
112:11, 113:9,
113:18
suggested [1] 73:24
suggesting [1] 25:3
suggestion [3] 112:15, 113:4,
183:4
Suite [3] - 1:1 7,
2:9, 2:13
Summons [2] 198:24, 199:10
'supervisor [20] 12:25, 18:16, 22:16,
32:8, 32:11, 100:15,
02/03/2013 06:30:03 PM
177:23, 184:23,
122:10, 122:12,
122:14, 124:3,
184:25, 205:2,
205:20, 206:11,
125:17, 133:11,
206:23, 207:23,
133:12, 133:25,
208:4, 208:12,
134:2, 134:4, 134:7,
208:13, 208:16,
134:11, 134:16,
209:21, 209:23,
200:5
supervisors [1] -210:25, 211:3,
211:11, 211:13,
133:17
212:4, 212:5
supply [2] - 47:12,
Tammy's [5] 66:20
suppose [3] -36:14, 42:7, 81:19,
97:18, 117:21
137:23, 158:20,
tangential [1] 209:19
supposed [6] -22:12
tape [3] - 40:14,
28:25, 29:1, 29:3,
49:8, 157:19
29:19, 137:22,
tax [1] - 98:4
141:17
suppress [1] - 24:9
Taxation [3] surrounding [1] -114:19, 114:20,
114:23
55:7
taxes [2] - 98:14,
suspend [1] 98:15
144:5
technically [1] suspended [9] 47:7
28:15, 136:21,
tecum [1] - 5:22
140:20, 143:5,
143:14, 143:15,
Tein [89] - 4:10,
143:16, 143:17
4:11, 4:19, 4:20,
suspension [1] -6:11, 12:6, 31:8,
31:21, 32:3, 32:13,
143:21
33:2, 34:12, 35:7,
SW [1] - 2:4
35:11, 35:15, 35:19,
switch [1] - 138:14
35:20, 36:1, 36:8,
Sworn [1] - 222:5
37:5, 43:10, 45:23,
sworn [2] - 5:7,
46:14, 50:22, 51:2,
224:14
51:23, 52:4, 52:6,
system [1] - 46:15
52:14, 55:16, 57:9,
61:25, 65:23, 66:22,
69:14, 70:12, 74:20,
80:19, 80:20, 81:23,
Tammy [72] - 10:7,
82:4, 82:20, 83:12,
10:19, 12:2, 12:17,
84:20, 86:1, 86:20,
16:12, 35:12, 37:14,
87:5, 87:10, 87:15,
38:4, 38:19, 40:5,
88:2, 88:7, 89:11,
42:24, 54:5, 54:8,
89:19, 91:14, 91:17,
54:17, 55:3, 55:10,
91:23, 92:13, 94:9,
62:22, 63:3, 63:19,
96:3, 97:17, 97:24,
70:16, 78:23, 79:4,
101:9, 105:12,
80:18, 81:15, 83:11,
106:21, 115:4,
84:12, 84:21, 85:7,
115:6, 115:16,
86:2, 86:18, 97:7,
115:18, 116:3,
97:23, 115:16,
116:10, 117:21,
115:18, 116:4,
117:25, 154:11,
169:13, 169:14,
172:17, 172:22,
169:17, 169:20,
185:1, 185:2,
170:1, 170:5,
203:21, 205:1,
171:18, 172:4,
205:7, 205:8,
173:21, 174:5,
205:21, 207:23,
174:6, 174:20,
207:25, 209:4,
175:13, 176:21,
223:6
176:23, 177:21,
TEIN [3] - 1:8, 1:8,

1:11
Tein's [9] - 44:12,
48:21, 82:25, 93:20,
123:20, 158:9,
176:20, 204:5,
205:12
Teins' [1] - 208:20
ten [6] - 16:7,
75:23, 79:3, 173:18,
214:5, 223:12
Ten [1] - 79:3
tend [1]- 13:21
Tercilla [3] 133:23, 134:4,
134:10
TERCILLA [1] 133:23
term [2] - 92:1,
143:14
terminated [10] 9:21, 14:22, 27:22,
28:8, 59:25, 73:13,
102:18, 161:11,
162:15, 164:12
termination [1] 41:8
terms [13] - 121:7,
121:11, 164:19,
164:21, 165:2,
165:20, 166:3,
166:4, 166:12,
169:4, 169:8, 170:1,
170:5
Terrace [1] 223:12
Terry [2] - 102:8,
102:10
TERRY [1] 102:12
testified [16] - 5:7,
19:5, 48:21, 50:5,
66:13, 67:5, 67:6,
74:25, 75:5, 84:11,
86:5, 97:9, 99:16,
208:19, 212:13,
212:18
testify [7] - 26:9,
35:7, 39:7, 39:16,
45:11, 66:25, 125:7
testifying [6] 9:12, 19:7, 67:7,
98:9, 175:9, 175:22
testimony [13] 21:22, 23:22, 24:8,
26:8, 39:25, 66:11,
111:25, 125:16,
125:22, 178:7,
204:4, 205:13,
212:19

(305) 324-5431
thanking [1] 194:25

Thanksgiving [5] 175:2, 175:4,
175:16, 176:19,
177:7
- 1:1, 4:1,
THE
5:24, 6:3, 11:5,
11:10, 14:4, 26:23,
27:1, 27:6, 44:13,
48:18, 49:3, 49:8,
49:21, 57:10, 57:15,
58:11, 69:2, 69:7,
82:17, 83:2, 83:19,
94:24, 99:6, 99:11,
109:21, 114:12,
116:19, 116:22,
117:10, 118:22,
119:16, 120:16,
135:14, 152:22,
153:6, 157:14,
157:19, 159:17,
168:9, 182:16,
189:18, 189:21,
190:2, 190:24,
191:2, 191:5,
195:17, 198:14,
198:19, 198:21,
201:20, 203:3,
204:13, 206:18,
209:1, 212:10,
212:21, 212:24,
215:21
theirs [1] - 19:3
themselves [6] 29:6, 29:11, 39:9,
141:22, 142:13,
143:2
thereof [1] 224:12
thereupon [11] 11:7, 27:3, 30:21,
49:10, 56:19, 65:7,
68:24, 79:24,
152:16, 184:3,
198:16
Thereupon [10] 5:4, 11:14, 49:5,
57:12, 69:4, 99:8,
116:15, 157:16,
215:18, 220:24
they've [1] - 39:9
thinking [2] - 83:6,
150:8
third [5] - 122:18,
122:22, 126:9,
167:4, 206:6
Third [2] - 107:15,
108:4
thirteen [1] - 195:6
80 of 83 sheets
24
thirty [12] - 149:13,

149:21, 150:25,
154:24, 155:3,
155:12, 156:1,
156:24, 157:4,
157:5, 173:15,
193:11
thirty-eight [7] 154:24, 155:3,
155:12, 156:1,
156:24, 157:4,
157:5
thirty-nine [1] 193:11
thirty-one [3] 149:13, 149:21,
150:25
thoughtful [1] 112:17
thousand [22] 79:3, 128:16,
128:20, 129:7,
130:12, 131:6,
149:21, 150:25,
154:25, 155:7,
172:12, 172:25,
173:4, 173:7,
173:11, 173:14,
173:15, 173:19,
174:16, 174:22,
195:6
thousands [1] 214:19
threatening [1] 199:2
three [46] - 5:13,
9:9, 9:17, 52:23,
53:2, 54:21, 56:8,
57:8, 80:5, 99:12,
119:25, 121:5,
128:7, 128:10,
128:16, 128:19,
129:7, 130:23,
131:2, 131:6, 134:1,
149:13, 149:20,
150:24, 154:24,
155:2, 155:12,
155:25, 156:24,
157:3, 160:13,
172:11, 173:11,
173:12, 173:19,
174:15, 174:22,
206:16, 207:11,
216:18, 217:1,
217:4, 217:6,
218:11, 219:10
throughout [1]
10:3
thumb [1] - 104:20
Thursday [4] -
81 of 83 sheets
204:16, 207:7,
158:18, 159:21,
208:2
166:23, 167:2,
211:20
tight [1] - 108:16
transactional [1] title [1] - 163:18
158:5
titled [3] - 52:22,
transactions [16] 81:15, 85:1
20:10, 22:7, 52:10,
TO [1] - 223:4
96:18, 132:8,
today [21] - 5:17,
132:13, 148:23,
6:8, 6:13, 40:13,
149:24, 150:3,
40:19, 48:9, 48:14,
150:11, 150:12,
58:6, 67:7, 74:24,
150:13, 153:17,
81:1, 96:9, 111:10,
156:8, 156:10,
113:17, 115:1,
164:20
117:16, 121:6,
transcript [3] 145:6, 155:14,
223:9, 223:12,
155:16, 223:11
225:2
Today [1] - 4:3
transcripts [2] together [2] 75:9, 75:11
63:13, 125:11
translating [1] took [4] - 109:8,
36:24
132:20, 141:16,
transpired [1] 148:23
111:10
top [4] - 54:3, 74:8,
transporting [1] 76:21, 77:15
218:20
topic [1] - 198:2
treasurer [4] total [13] - 149:10,
100:9, 107:20,
149:15, 154:22,
107:23, 108:12
155:23, 156:19,
Treasurer [4] 173:21, 174:20,
122:2, 122:16,
207:13, 213:24,
181:19, 185:3
214:3, 214:4,
treat [2] - 28:25,
214:10, 215:9
138:9
totally [1] - 129:24
trial [2] - 7:8,
towards [1] - 151:4
195:13
track [15] - 20:24,
Tribal [67] - 15:19,
21:6, 21:9, 32:23,
15:22, 15:25, 20:17,
46:23, 60:10, 96:20,
20:23, 23:7, 27:21,
160:24, 161:4,
28:22, 29:4, 29:8,
161:15, 162:7,
35:12, 60:3, 60:7,
162:23, 163:11,
60:9, 60:10, 61:11,
163:13, 210:8
71:10, 90:15, 92:16,
tracked [2] - 96:16,
94:5, 99:17, 100:16,
160:16
137:3, 137:10,
tracks [1] - 214:13
138:11, 141:14,
traffic [1] - 150:21
-141:15,
141:18,
transaction [37]
141:19, 141:20,
20:1, 33:19, 43:2,
141:21, 141:22,
61:15, 64:14,
141:23, 142:9,
127:23, 127:24,
149:15, 158:22,
128:2, 128:3, 128:4,
160:1, 160:4,
129:25, 130:1,
160:19, 161:4,
130:3, 130:13,
161:15, 161:24,
130:15, 131:12,
162:7, 163:16,
131:23, 131:24,
187:19, 196:21,
132:2, 132:4,
199:8, 205:10,
132:12, 132:19,
205:11, 210:5,
153:12, 153:13,
210:19, 211:10,
153:14, 154:9,
211:14, 211:17,
156:2, 156:4, 156:9,
211:23, 213:5,
156:13, 157:24,
213:10, 213:22,
214:6, 214:7,
214:10, 214:13,
215:2, 215:8,
215:13
tribal [2] - 60:4,
187:23
Tribe [26o] - 4:9,
6:13, 8:5, 8:9, 9:2,
9:20, 10:4, 10:8,
10:11, 10:13, 10:18,
12:2, 12:8, 12:16,
14:1, 14:9, 15:11,
15:13, 15:17, 16:16,
16:19, 18:22, 19:7,
19:9, 19:13, 19:21,
20:22, 22:9, 23:24,
25:13, 26:10, 26:12,
26:22, 27:10, 29:5,
29:12, 30:25, 31:5,
31:10, 32:25, 35:15,
36:1, 36:3, 36:6,
37:13, 37:18, 37:21,
38:1, 38:3, 38:10,
38:18, 38:19, 39:5,
39:14, 40:4, 40:23,
41:6, 42:24, 43:9,
43:11, 43:12, 43:19,
43:20, 43:25, 44:25,
45:18, 45:19, 46:5,
46:8, 46:16, 46:20,
47:4, 47:19, 48:5,
48:22, 49:25, 50:16,
51:22, 52:15, 53:18,
53:19, 55:19, 56:16,
57:1, 57:18, 57:19,
57:25, 58:17, 60:9,
60:13, 61:8, 62:4,
63:16, 63:22, 64:9,
64:12, 65:1, 65:11,
65:15, 65:19, 65:23,
66:8, 66:13, 66:21,
67:17, 67:21, 68:21,
69:13, 71:5, 72:14,
73:10, 74:4, 76:6,
77:23, 80:17, 80:22,
83:10, 84:19, 86:1,
86:19, 87:1, 87:10,
87:24, 88:9, 88:18,
88:25, 89:16, 90:17,
90:23, 91:17, 92:1,
92:7, 92:9, 92:14,
93:8, 93:11, 93:13,
93:17, 93:21, 93:22,
93:23, 95:15, 95:25,
96:4, 96:18, 97:5,
97:18, 97:22, 97:24,
98:2, 98:5, 98:10,
98:25, 101:15,
104:13, 105:12,
105:21, 106:21,

(305) 324-5431
108:15, 108:22,
109:13, 110:4,
112:4, 112:9,
114:17, 115:4,
116:9, 117:21,
118:1, 120:7,
121:12, 123:16,
126:14, 126:17,
129:18, 131:4,
133:17, 138:3,
138:24, 139:14,
143:1, 144:8, 144:9,
144:14, 145:13,
145:17, 148:21,
150:23, 151:9,
156:10, 158:6,
158:11, 158:12,
158:22, 159:2,
159:5, 159:8,
161:21, 163:4,
163:15, 163:16,
163:23, 165:6,
165:10, 165:11,
165:24, 167:15,
172:10, 174:4,
174:21, 177:12,
178:16, 179:22,
180:3, 180:25,
181:11, 181:15,
183:3, 183:7,
184:20, 184:23,
185:9, 185:12,
187:5, 187:13,
187:16, 187:22,
187:24, 188:1,
188:3, 188:5, 188:6,
188:13, 195:19,
196:21, 197:4,
197:12, 199:2,
199:7, 199:8,
199:12, 203:22,
204:20, 209:12,
209:24, 210:17,
210:18, 210:23,
211:8, 213:5,
213:22, 214:11,
215:3, 218:21,
218:25, 223:5
TRIBE [2] - 1:5,
1:13
Tribe' [1] - 188:2
tribe's [1] - 109:22
Tribe's [36] - 8:22,
9:18, 10:5, 13:3,
13:16, 15:4, 16:4,
16:25, 17:4, 17:17,
31:3, 38:15, 39:15,
40:9, 46:20, 49:16,
63:18, 63:19, 64:16,
65:13, 69:24, 73:22,
78:24, 80:3, 94:4,
02/03/2013 06:30:03 PM
25
156:16, 181:16,
181:17, 187:18,
188:20, 188:21,
192:10, 197:11,
197:16, 197:17,
209:20
true [17) - 51:8,
118:2, 118:5,
118:11, 118:13,
118:20, 119:18,
120:2, 121:8,
143:10, 143:13,
144:3, 145:23,
146:8, 147:13,
179:1, 219:6
trusted [1] 141:11
truth [8] - 8:20,
9:14, 9:22, 9:25,
10:14, 45:15, 73:19,
93:25
truthful [2] - 24:8,
80:20
truthfully [4] 35:7, 39:7, 39:16,
93:20
try [3] - 56:15,
106:5, 218:21
trying [8] - 24:9,
27:24, 50:9, 121:3,
187:1, 188:7, 220:6,
220:7
Tuesday [1] 192:12
turn [4] - 74:7,
76:2, 76:17, 141:14
turned [1] - 28:22
turns [1] - 29:2
twenty [5] - 60:13,
84:7, 128:17, 173:7,
173:18
twenty-five [1] 173:7
twenty-seven [1] 128:17
two [39] - 9:7,
29:12, 42:2, 47:8,
48:9, 49:9, 49:18,
55:22, 71:25, 75:12,
109:18, 110:20,
111:4, 111:11,
111:14, 126:15,
128:16, 130:23,
131:2, 131:6, 134:1,
149:13, 149:21,
150:25, 172:11,
173:7, 173:10,
173:14, 174:16,
174:17, 174:22,
174:23, 185:3,
02/03/2013 06:30:03
PM
195:6, 207:11,
216:12, 220:12
two-page m - 42:2
type [4] - 28:20,
92:8, 104:25,
153:10
types [1] - 141:19
U
umbrella [4] 25:13, 180:25,
188:1, 188:6
unable [1] - 215:25
unaudited [2] 90:14, 95:17
unclear [2] - 150:7,
203:20
uncomfortable [1]
- 7:15
under [27] - 6:8,
25:12, 74:3, 74:25,
75:6, 110:7, 111:3,
111:4, 114:8,
114:25, 115:1,
115:8, 119:9,
125:16, 143:17,
145:19, 151:9,
155:24, 174:21,
176:17, 180:25,
185:4, 188:6,
197:11, 202:19,
206:6, 207:19
unhappy [1] 26:22
University [1] 114:22
unless [4] - 24:21,
44:10, 132:10,
183:3
unlimited [2] 84:12, 97:8
unnecessary [1] 199:5
unreasonable m 172:18
unsettling [2] 136:9, 136:10
untruthful [1] 17:16
Up [39] - 7:22,
14:14, 16:1, 20:9,
33:7, 33:14, 36:4,
38:22, 39:3, 49:18,
58:25, 60:17, 60:19,
60:21, 78:20, 87:11,
102:18, 108:11,
109:12, 132:22,
137:13, 141:25,
142:1, 142:5, 142:6,

142:7, 144:7, 152:5,
165:18, 175:20,
177:7, 213:3,
215:25, 216:4,
216:21, 217:16,
218:12, 218:23,
219:20
up-to-date [1] 132:22
upcoming [1] 92:10
update [2] 132:17, 133:7
updated [7] 131:19, 132:21,
132:24, 133:4,
148:24, 149:1,
149:6
updating m 132:13
upper [4] - 59:3,
59:6, 62:12, 69:16
upset [2] - 137:20,
137:23
urge [1] - 175:24
V
vague [2] - 106:24,
120:23
valid [1] - 179:19
various [7] - 20:14,
20:18, 20:24, 38:20,
78:24, 119:20,
211:22
vendor m - 53:13
vendors [1] 211:23
verbally [1] - 49:19
version [3] 124:11, 127:3,
149:1
versus [3] - 4:10,
115:4, 184:22
vest [1] - 108:16
vice [1] - 100:9
video [10] - 4:2,
4:13, 11:11, 27:2,
49:4, 57:11, 57:16,
69:3, 69:8, 99:6
videographer [1] 7:19
VIDEOGRAPHER
[16] - 4:1, 11:5,
11:10, 27:1, 27:6,
49:3, 49:8, 57:10,
57:15, 69:2, 69:7,
99:6, 99:11, 157:14,
157:19, 215:21
videotape [3] - 4:7,
41:24, 99:11
view [1] - 20:21
VIRGINIA m - 2:6
Virginia [1] - 4:22
void [3] - 53:13,
137:24, 139:13
voided [4] - 28:19,
137:6, 140:8,
140:13
voluminous [1] 68:18
voluntarily [2] 65:24, 108:20
voting [5] - 10:11,
14:1, 14:8, 18:17,
88:18
VS [2] - 1:7, 1:12
VS [1] - 223:6
w
wait [4] - 6:21, 7:4,
57:3, 110:15
waive [7] - 24:15,
38:7, 40:20, 40:22,
40:25, 41:5, 41:21
waived [4] 179:15, 179:18,
179:23, 221:2
waiver [1] - 180:2
waiving [3] 39:25, 40:3, 40:9
walked [1] - 30:10
wants [7] - 8:22,
93:19, 110:19,
110:20, 159:1,
180:9
ways m - 32:6
Wednesday [2] 175:1, 176:19
week [4] - 90:17,
140:21, 193:24,
195:20
weekly [1] - 99:16
weeks [1] - 199:1
weird [2] - 109:11,
109:14
welcome [1] 109:21
whatsoever [1] 19:15
whereas [1] 142:12
WHEREOF [1] 224:18
whole [11] - 78:3,
78:6, 157:11, 161:5,

(305) 324-5431
161:12, 162:14,
163:18, 163:19,
163:21, 211:16,
214:18
wife [4] - 18:5,
36:14, 54:19,
162:21
William [1] - 148:8
wires [1] - 101:5
wish [1] - 38:7
wished [1] - 181:9
withheld [1] 101:10
withhold [1] 91:12
withholding [1] 180:5
Witness [11] - 3:9,
3:10, 183:3, 183:4,
183:8, 183:9,
183:22, 184:4,
189:24, 198:13,
198:17
witness [26] - 5:6,
39:12, 40:8, 41:17,
44:6, 56:10, 56:25,
57:24, 110:3,
110:10, 110:24,
111:6, 112:2,
113:15, 113:18,
166:11, 175:25,
176:3, 176:6,
179:12, 183:21,
201:17, 202:22,
203:23, 224:13
WITNESS [46] 2:19, 5:24, 6:3,
14:4, 26:23, 44:13,
48:18, 49:21, 58:11,
82:17, 83:2, 83:19,
94:24, 109:21,
114:12, 116:19,
116:22, 117:10,
118:22, 119:16,
120:16, 135:14,
152:22, 153:6,
159:17, 168:9,
182:16, 189:18,
189:21, 190:2,
190:24, 191:2,
191:5, 195:17,
198:14, 198:19,
198:21, 201:20,
203:3, 204:13,
206:18, 209:1,
212:10, 212:21,
212:24, 224:18
wondered [1] 177:10
word [3] - 42:19,
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words [1]- 7:21
worker [1] - 135:4
works [5] - 44:21,
188:8, 190:16,
209:15, 213:1
worry [1] - 39:8
worth [1] - 206:19
woven [1] - 10:3
write [5] - 33:7,
58:3, 85:6, 92:7,
195:14
writing [4] - 33:21,
182:6, 194:14,
195:12
writings [1] - 86:15
written [5] - 26:15,
27:12, 179:20,
186:25, 197:23
wrongful [15] 10:8, 10:12, 10:21,
12:3, 12:18, 13:5,
55:10, 63:21, 70:16,
74:18, 75:3, 75:8,
81:19, 84:13, 97:19
wrote [10] - 70:20,
70:23, 73:25,
154:17, 181:1,
193:21, 194:24,
195:13, 196:9,
200:2
yesterday [1] -
198:22
YINET [1] - 2:6
yinet [1] - 4:24
yourself [4] -
74:13, 74:22, 76:21,

157:23
Yousef [6] 133:22, 134:2,
134:7, 136:10,
145:7, 145:19
YOUSEF [1] 133:22
Z
zero [3] - 96:22,
131:6, 154:23
Y
year [28] - 30:7,
36:2, 42:16, 42:19,
92:7, 96:23, 97:24,
98:4, 127:10,
127:21, 127:23,
127:24, 128:13,
134:3, 134:5, 143:6,
143:7, 144:14,
145:12, 150:2,
150:6, 155:20,
157:9, 157:11,
193:8, 213:4
year's [1] - 206:19
years [31] - 8:10,
8:12, 26:12, 31:1,
42:11, 47:5, 52:14,
60:13, 67:18, 75:23,
84:7, 100:3, 102:23,
114:17, 123:11,
133:16, 135:5,
138:21, 144:8,
147:5, 150:20,
157:7, 157:8,
161:21, 163:3,
163:14, 163:15,
163:22, 215:7
83 of 83 sheets

(305) 324-5431
02/03/2013 06:30:03 PM

Lewis Tein Supplemental Motion For Sanctions

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Lewis Tein Supplemental Motion For Sanctions

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IN THE CIRCUIT COURT OF

THE 11TH JUDICIAL CIRCUIT

LEWIS TEIN'S SUPPLEMENTAL MEMO SUPPORTING SANCTIONS

Among other things, the object of this conspiracy was to obstruct

CASE NO.: 12-12816-CA-40

a. Bernardo Roman attempted to convince the Tribe's senior

CASE NO.: 12-12816-CA-40

Bermudez matter, containing specific signed notations and attached

depositions and documents relating to their communications and payments

CASE NO.: 12-12816-CA-40

WHEREFORE, Lewis Tein requests the following relief:

CASE NO.: 12-12816-CA-40

IN THE CIRCUIT COURT OF THE 11TH

GENERAL JURISDICTION DIVISION

MICCOSUKEE TRIBE OF INDIANS OF

DEPOSITION OF JODI RAE GOLDENBERG

EDMEE PRATS COURT REPORTING SERVICES

THE VIDEOGRAPHER: We are now on the

BERNARDO ROMAN III

Today is Friday, the

On behalf of the Defendant:

Street, Miami, Florida for the purpose of

taking the videotape deposition of Jodi

of Florida versus Guy

The court reporter is Joanne Caudill and

JODI RAE GOLDENBERG

Will counsel please announce their

Lewis, Mike Tein and

Miccosukee Tribe of Indians

The time is 12:14 p.m..

We are here at 100 Southeast Second

On behalf of the Deponent:

My name is Paul Calli, along

with Chaz Short; we're from

We represent Guy Lewis, Michael Tein and the

Bernardo Roman on behalf of

With me are Virginia

EDMEE PRATS COURT REPORTING SERVICES

objection, you have to wait until the objection is made

and any responses given. In almost all the cases you'll

was called as a witness by the Defendants and having been

still be able to answer the question. The objection is

first duly sworn, testified as follows:

for purposes of preserving the record and arguing it at

Law Group; my colleague Stephan Lopez and

down a nod of the head and particularly the words or

MR. LOPEZ: The subpoena duces tecum that

sounds uh-huh and huh-uh don't really show up well; do you

Ms. Goldenberg, please state your full name for

Jodi Rae Goldenberg.

Can you spell all three parts of your name,

J-o-d-i R-a-e G-o-l-d-e-n-b-e-r-g.

have had documents subpoenaed; have you been provided by

know what it is exactly you're being asked. If there's an

trial. If there is some other objection that's different

including yours, you need to hear the question so that you

For the record, for everybody's own good,

No, the one that he sent to

to use the restroom, to get fresh air, to get

something to eat, or to speak to your lawyers for any

You have to answer yes or no to any question.

Even though there is a videographer present, the

She cannot take