Feb 19th, Continued - Dirtiest Trials

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HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4954
Watstein-cross/Geduldig

1 A F T E R N O O N S E S S I O N
2
3 (The following takes place in the absence of the
4 jury.)
5 THE COURT: Mr. Nelson, you wanted to speak to
6 me?
7 MR. NELSON: Yes.
8 MR. NEVILLE: Your Honor, should the witness been
9 here?
10 THE COURT: Yes, you may leave, if you don't
11 mind, Mr. Watstein.
12 (Whereupon Mr. Watstein exits the courtroom.)
13 THE COURT: Yes, Mr. Nelson.
14 MR. NELSON: Thank you, your Honor.
15 I ha d an opportunity during the luncheon recess
16 to review the transcript, SW-2, which Mr. Trabulus
17 indicated he wished to introduce. An interview of a
18 former employee of Who's Who Worldwide, Regina, conducted
19 on January 20th, 1993, by the witness on the stand.
20 THE COURT: I have it as GA-2.
21 MR. NELSON: I am sorry, I wasn't aware of what
22 it had been marked, GA-2.
23 On page 3 of the transcript, your Honor, there is
24 one portion that I object to.
25 THE COURT: What is the portion?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4955
Watstein-cross/Geduldig

1 MR. NELSON: It is the first five lines,
2 beginning with, it is a statement made by CI, which I
3 assume is Mr. West, of the line, Frank, many people have
4 told me that they felt that Bruce's presentation was a
5 puffery, exaggerating. An example, there was no pub lic
6 affairs department. It was a fantasy, it didn't exist.
7 THE COURT: And the answer is right.
8 MR. NELSON: The answer is right.
9 I object to that portion.
10 THE COURT: We will redact that, right?
11 MR. WHITE: No, your Honor.
12 What I wanted to do is to have the whole thing
13 introduced for completeness. The whole thing is hearsay,
14 obviously. It is some employee, or former employee, not
15 on trial, coming in and offering to Mr. West her take on
16 things.
17 As I understood it --
18 THE COURT: You didn't object to it though.
19 MR. WHITE: Your Honor, I didn't object to it,
20 because I understood, and maybe I was incorrect, but I
21 understood Mr. Trabulus was introducing it for purposes of
22 impeachment, that he set up Mr. West to say you didn't
23 follow it up when employees told you that there were
24 things favorable to th e company.
25 If that's the case, it should be made clear on
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4956
Watstein-cross/Geduldig

1 redirect with this witness that one of the reasons that
2 informed what he did in this conversation, was the fact
3 that this same woman told him on numerous occasions
4 previously in this conversation, a couple of minutes
5 before, about all the things she thought were untrue and
6 she was uncomfortable with.
7 So, if Mr. Nelson's complaint is that this is
8 hearsay, it is as much hearsay as Mr. Trabulus introduced.
9 THE COURT: Yes. But it is too late for that.
10 It is in already. I will not allow that conversation.
11 MR. WHITE: Your Honor, it is only in because
12 Mr. Nelson hadn't reviewed it, and we did it in a sort of
13 two tiered fashion. It wasn't that I wasn't objecting at
14 the time. At the time I wanted to put the whole thing in
15 for context. The only reason we are doing it now is
16 because Mr. Nelson needed the lunch hour to review it. It
17 is not like the government is late on this one.
18 MR. NELSON: Your Honor, I was late, but not late
19 enough, I don't believe. I didn't object to the
20 admissibility of the portion relating to Mr. Trabulus when
21 I saw the transcript. As that occurred my memory was
22 refreshed that there were additional portions of the
23 transcript which may affect my client --
24 THE COURT: I am sustaining the objection to
25 those portions, the other part was put in for impeachment
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4957
Watstein-cross/Geduldig

1 purposes, and that's it. I will not allow that part. It
2 is pure hearsay. There is no basis for it to go in.
3 MR. WHITE: So, your Honor is saying the rest of
4 the transcript, except that part can go in?
5 THE COURT: Yes.
6 MR. WHITE: I understand.
7 THE COURT: Let's bring in the jury.
8 That will go in as Defendant's Exhibit GA-2, in
9 evidence, as redacted.
10 (Defendant's Exhibit GA-2 received in evidence.)
11 (Whereupon, the jury at this time entered the
12 courtroom.)
13 THE COURT: Please be seated, members of the
14 jury,.
15 MR. WHITE: Your Honor, I am sorry, I meant to
16 raise an issue before we begin, I apologize.
17 THE COURT: All right. Come up.
18
19 (Whereupon, at this time the following took place
20 at the sidebar.)
21 MR. WHITE: I am sorry, your Honor, I forgot.
22 I wanted to seek the Court's guidance on what to
23 do here. As I told you yesterday, we have two customers
24 from out of town. Do you want me to wait?
25 THE COU RT: No, I don't think we should wait.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4958
Watstein-cross/Geduldig

1 Let's get Mr. Geduldig finished. As long as --
2 MR. WHITE: He is here for the duration now.
3 THE COURT: All right.
4 You will not be too much more, Mr. Geduldig?
5 MR. GEDULDIG: A day or two, Judge.
6 THE COURT: Have you got renewed energy now? Not
7 that you needed renewed. Mr. Neville, he needs renewed
8 energy.
9 MR. GEDULDIG: He has been champing at the bit.
10 I think I might be an hour or so, maybe less.
11 THE COURT: If you are going to be that long, I
12 will interrupt him. What is the difference? He is going
13 to be here.
14 MR. GEDULDIG: You want to go with the
15 customers?
16 MR. WHITE: Yes.
17 THE COURT: Let's interrupt.
18 MR. WHITE: Sorry I didn't raise it before.
19
20 (Whereupon, at this time the following takes
21 place in open court.)
22 THE COURT: Members of the jury, again we have
23 reached the point where there are several witnesses who
24 are waiting to testify, whose testimony will be much
25 briefer, and who have come from other places, so we will
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4959
Watstein-cross/Geduldig

1 interrupt Mr. Watstein to take the testimony of two other
2 witnesses.
3 Sorry, Mr. Watstein. You may step down.
4 Stay around, Mr. Watstein.
5 THE WITNESS: Okay.
6 (Whereupon, at this time the witness left the
7 witness stand.)
8 MS. SCOTT: The government calls Andrea
9 Henderson-Nikoi. And she will spell it.
10 THE COURT: Would you raise your right hand.
11
12 A N D R E A H E N D E R S O N - N I K O I,
13 called as a witness, having been first
14 duly affirmed, was examined and testified
15 as follows:
16
17 THE WITNESS: I affirm.
18 THE COURT: You may affirm that.
19 THE COURT: Please be seated and state your full
20 name and spell your name.
21 THE WITNESS: Andrea Henderson-Nikoi,
22 A N D R E A. Henderson, H E N D E R S O N, Nikoi,
23 N I K O I.
24 THE COURT: Is that hyphenated?
25 THE WITNESS: Yes, it is.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4960
1 THE COURT: Henderson-Nikoi?
2 THE WITNESS: Yes.
3
4 DIRECT EXAMINATION
5 BY MS. SCOTT:
6 Q Good afternoon, Ms. Nikoi.
7 A Good afternoon.
8 Q Can you tell us where you live?
9 A Virginia, Woodbridge, Virginia.
10 THE COURT: What is that?
11 THE WITNESS: Woodbridge, one word.
12 Q How long have you been living in Wood bridge,
13 Virginia?
14 A For two and a half years.
15 Q What do you do for a living?
16 A An accountant for the state of Virginia.
17 Q Where do you perform your duties?
18 A In George Mason University.
19 Q What are your duties an as accountant?
20 A I am over the investment funds for capital outlay,
21 which is plant funds.
22 Q And how long have you been doing that?
23 A Since March of '96.
24 Q Now, have you ever had any dealings with a company
25 called Sterling Who's Who?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4961
Henderson-Nikoi-direct/Scott

1 A Yes, I have.
2 Q Did you make a purchase from that company?
3 A Yes, I did.
4 Q What did you purchase from them?
5 A I purchased a membership.
6 Q Do you remember approximately when you were first
7 contacted by the company?

8 A February or March of '94.
9 Q How were you first contacted?
10 A I received a letter in the mail.
11 Q Do you remember what that letter said?
12 A To my recollection it stated that I have been
13 selected for nomination by Sterling Who's Who.
14 Q I am showing you Government's Exhibit 42-F, as in
15 Frank for Identification.
16 Do you recognize that?
17 (Handed to the witness.)
18 A Yes, I do.
19 Q What is that?
20 A That is the letter I received from Sterling Who's
21 Who.
22 Q Is that a copy of the letter?
23 A Yes, it is.
24 Q And is it a true and accurate copy of the letter that
25 you received?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4962
Henderson-Nikoi-direct/Scott

1 A Yes, it is.
2 MS. SCOTT: I offer Government's Exhibit 42-F.
3 THE COURT: What is the date of the lett er?
4 THE WITNESS: March 7th, 1994.
5 THE COURT: Any objection?
6 MR. TRABULUS: Your Honor, if you can wait a
7 moment as we find it? We had been given an erroneous or
8 incomplete name of the witness we would be calling today,
9 so we don't have the documents in front of us.
10 THE COURT: Very well.
11 MS. SCOTT: This is under Henderson.
12 MR. TRABULUS: You gave us the name Henderson
13 yesterday, the documents all say Nikoi. We couldn't find
14 it.
15 (Whereupon, at this time there was a pause in the
16 proceedings.)
17 MR. TRABULUS: No objection.
18 THE COURT: Government's Exhibit 42-F, for Fox,
19 in evidence.
20 (Government's Exhibit 42-F received in evidence.)
21 Q Ms. Nikoi, could you take a look at the letter in
22 front of you, and read for us the first two paragraphs.
23 A You were recently nominated for inclusion in the

24 1994-95 executive edition of Sterling Who's Who.
25 We are pleased to inform you on March 4th, your
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4963
Henderson-Nikoi-direct/Scott

1 nomination for the executive edition was accepted, pending
2 additional information --
3 THE COURT: You have to slow down a little bit.
4 Do you want to start --
5 THE WITNESS: Start over again?
6 THE COURT: Just the last sentence you started.
7 THE WITNESS: Okay.
8 We are pleased to inform you that on March 4th,
9 your nomination for the executive edition was accepted.
10 Pending additional information about your current career
11 position, please refer to the enclosed form.
12 Q Was there a form enclosed?
13 A Yes, there was.
14 Q What did you do with that form?
15 A I put my name on there, as well as my career, my
16 occu pation, rather, the university that I worked for, and
17 what type of institution it was. And I mailed it back to
18 them.
19 Q I am showing you Government's Exhibit 42-D, as in
20 Daniel, for identification.
21 (Handed to the witness.)
22 A Yes, I did.
23 Q What is that?
24 A The postcard enclosed with the letter.
25 Q Is that the postcard you filled out and sent back?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4964
Henderson-Nikoi-direct/Scott

1 A Yes, it is.
2 MS. SCOTT: I offer 42-D, as in Daniel.
3 THE COURT: Any objection?
4 MR. TRABULUS: No.
5 THE COURT: Government's Exhibit 42-D, for Dog,
6 in evidence.
7 (Government's Exhibit 42-D received in evidence.)
8 Q If you can turn the exhibit over and take a look at
9 the postmark on the back, can you tell us the date you
10 mailed it?

11 A It is postmarked March 22nd, 1994.
12 Q Now, after you received that card, what happened?
13 A I proceed --
14 Q I am sorry, after you mailed the card, what happened?
15 A I received a phone call from Sterling Who's Who.
16 Q And do you remember the name of the person who called
17 you?
18 A Yes, I do.
19 Q And what was that person's name?
20 A Cathy Brady.
21 Q And can you tell us what happened in this
22 conversation that you had with her?
23 A Ms. Brady told me I was nominated by Sterling Who's
24 Who. And she wanted me to purchase a membership with
25 Sterling Who's Who, and she explained the different type
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4965
Henderson-Nikoi-direct/Scott

1 of categories she had for membership. And basically she
2 stated with the standard membership, which is the
3 cheapest, that I should purchase that membership in order
4 to become a member, and for my name to be included in the
5 executive edition.
6 Q Do you remember anything else that she told you in
7 that conversation?
8 A She told me that, you know, this is a good
9 opportunity for women, because this was a man's world, and
10 that women are not included with top leaders with business
11 executives in this world.
12 At the time I was a single mother. She said this
13 is something that a single mother should look at investing
14 into.
15 Q Did she tell you anything else about you obtaining
16 membership in Sterling Who's Who?
17 A She told me that you are nominated, and you go
18 through a selection process, a committee reviews the
19 nominees, and it is a limited -- only a limited number is
20 nominated and accepted into this organization.
21 Q Now, what, if an ything, else did she say to you about
22 how memberships became available?
23 A She said it was through attrition.
24 Q What, if anything, did she tell you about what you
25 would receive for your money if you purchased a
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4966
Henderson-Nikoi-direct/Scott

1 membership?
2 A She said I would receive a plaque. There would be a
3 press release sent to other members, organization, and as
4 well as I would receive information on attending seminars
5 and conferences within my local area in order to do
6 networking.
7 Q What if any questions did you ask in the course of
8 your conversation with her?
9 A I wanted to make sure it wasn't a gimmick, and that
10 the company was a legitimate company. And she told me it
11 was; that they had been in business for over 20 years.
12 And they were one of the Fortune 500 -- excuse me, a
13 subsidiary of a Fortune 500 company.
14 I asked if they are really the Who's Who, because
15 when you attend college you hear of Who's Who Among
16 Colleges and Universities, and I asked if she was the
17 original Who's Who and she said, yes, and she started
18 naming and said they were among the Who's Who in Colleges
19 and Businesses.
20 Q Did you ask any other questions?
21 A I asked her so much, at this moment, I can't recall.
22 Q I am going to show you something to refresh your
23 recollection, Government's Exhibit 3500-AN-1 for
24 Identification.
25 MR. TRABULUS: Your Honor, can we have a moment
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4967
Henderson-Nikoi-direct/Scott

1 to locate that?
2 THE COURT: Yes.
3 (Whereupon, at this time there was a pause in the
4 pro ceedings.)
5 MR. JENKS: What is the exhibit number again?
6 MS. SCOTT: 3500-AN, as in Nancy, 1.
7 (Whereupon, at this time there was a pause in the
8 proceedings.)
9 THE COURT: Have you located it?
10 MR. TRABULUS: I have not.
11 MR. JENKS: I have.
12 THE COURT: You have not?
13 MR. TRABULUS: I have not.
14 THE COURT: Do you want to show it to him?
15 MR. TRABULUS: I am sure it is in here, your
16 Honor.
17 (Whereupon, at this time there was a pause in the
18 proceedings.)
19 MR. TRABULUS: I have it.
20 THE COURT: Very well.
21 (Handed to the witness.)
22 Q Does that questionnaire, refresh your recollection as
23 to other questions you might have asked?
24 A Yes.
25 Q Can you tell us what other questions you asked the
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4968
Henderson-Nikoi- direct/Scott

1 salesperson?
2 A I asked who nominated me? She said it was one of my
3 supervisors.
4 I asked which one?
5 She said that information is confidential.
6 I said how can I obtain that information?
7 She said I would have to write to them, to the
8 review board, and they would contact the person to see if
9 he or she wanted the name given to me.
10 Q Anything else you recall that you wanted to ask?
11 A Yes, I wanted to know if it was a gimmick, if it was
12 actually Who's Who?
13 I asked if she obtained my name by a magazine
14 mailing list or something like that?
15 She said, no, I was nominated, and it is going
16 through a process of the board to review your nomination,
17 and you have a thorough investigation done on your
18 background.
19 Q And that would be by the board?
20 A Yes.
21 Q And if you take a look at Government's Exhibit 42-F,
22 as in Frank, the solicitation letter.
23 A Okay.
24 Q Is there language at the bottom saying in substance
25 that the inclusion in the directory is free of charge?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4969
Henderson-Nikoi-direct/Scott

1 A Yes, there is.
2 Q Did you ask any questions about that?
3 A Yes, I did. And she told me that there was limited
4 space available to be included in the executive edition.
5 Therefore you must purchase a membership in order to be
6 included.
7 Q Now, of all the things you were told about the
8 company, what was the most important one that led to your
9 purchasing a membership?
10 A I was nominated by my supervisor, one of my
11 supervisors, past or present.
12 Q How did you hope to use this membership?
13 A For networking purposes.

14 Q How, if at all, was your perception that you were
15 nominated, how did that relate to your perception that
16 this would be useful for networking?
17 A If you are nominated by a supervisor, they stated
18 there is a press release, and the information is sent
19 forth to other people, then they will look at your
20 outstanding achievements you had done with previous
21 employers. That would help you network and explore other
22 employment opportunities.
23 Q If your information is obtained -- if the information
24 and your name was from a mailing list and not a
25 nomination, would it have affected your decision to
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4970
Henderson-Nikoi-direct/Scott

1 purchase?
2 A Yes.
3 Q Why is that?
4 A Because I would not have purchased a membership. If
5 you are nominated, esp ecially by a supervisor, it means
6 that supervisor knows some of the members in the
7 organization. And they can contact that person. If space
8 is limited, you know that you have been truly nominated by
9 someone that knows your capabilities, knows your job
10 functions, and someone who has taken pride in your work.
11 When you look at a mailing list, you don't know
12 who is on there.
13 Q Do you remember how much you paid for your
14 membership?
15 A It was $258.
16 Q And I am now showing you Government's Exhibit 42-B,
17 as in Baker for Identification.
18 (Handed to the witness.)
19 Q Can you tell us what that is?
20 A This is the invoice I received from them showing how
21 much was due. That was the amount I paid, 258.75.
22 Q Do you remember how you paid for the membership?
23 A With my credit card.
24 Q How did you give the company y our credit card?
25 A Over the phone.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4971
Henderson-Nikoi-direct/Scott

1 Q Was that in your conversation with Cathy Brady?
2 A Yes, in one of my conversations.
3 Q Now, how many conversations did you have with her
4 before you made the purchase?
5 A Approximately four.
6 Q And this invoice, did it arrive after you made the
7 purchase over the telephone?
8 A Yes.
9 Q And can you read -- I am sorry.
10 MS. SCOTT: I offer Government's Exhibit 42-B.
11 THE COURT: Any objection?
12 MR. TRABULUS: No.
13 THE COURT: Government's Exhibit 42-B, for Baker,
14 in evidence.
15 (Government's Exhibit 42-B received in evidence.)
16 Q Can you tell us the date that appears on that
17 invoice?
18 A April 26th, '94, the invoice date.
19 Q Now, looking at the top typewritten line on that
20 document, can you read off what that says?
21 A One standard -- is that what you are referring to?
22 Q Yes.
23 A One standard membership, slash split billing, $249.
24 Q Did you see those words when you first received this
25 invoice?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4972
Henderson-Nikoi-direct/Scott

1 A Yes, I did.
2 Q And what did you do when you saw those words?
3 A I called Cathy Brady.
4 Q Why did you call her?
5 A Because the invoice said split billing. And I wanted
6 to know what that meant.
7 Q What did Cathy Brady tell you?
8 A She told me my membership was paid in full and not to
9 worry about that wording on there.
10 Q Now, was this approximately at the time you received
11 this invoice that you made this call?
12 A This was after receiving the invoice I made that
13 call.
14 Q Now, did you eventually receive a plaque from the
15 company?
16 A Yes, I did.
17 Q Did you eventually receive a directory?
18 A Two years later.
19 Q Shortly after receiving the plaque, did you receive
20 any other billings from the company?
21 A Yes, I did. If I am not mistaken in May.
22 Q Can you tell us what that was?
23 A I don't recall.
24 Q Did you receive any billings relating to the
25 directory?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4973
Henderson-Nikoi-direct/Scott

1 A Yes, I did.
2 Excuse me, I received a bill later that year for
3 an additional $149.
4 Q Was that for the directory?
5 A Yes. They said it was the other half of my
6 membership dues.
7 Q What happened when you received this other bill?
8 A I called the company.

9 Q What happened when you called?
10 A I asked to speak to Cathy Brady. They would not let
11 me speak to her. I spoke with a gentleman who was very
12 rude, and told me that was my problem. I had to pay the
13 bill or I would not receive a copy of the edition.
14 Q Did you try to contact anybody else at the company?
15 A I constantly tried to contact Cathy Brady. I asked
16 for the owner. Very few times -- I am sorry. When I
17 called they would not let me speak with the owner.
18 I finally called the receptionist and she told me
19 the owner was Michavel Powers. I called to speak to him,
20 and they would not let me speak to him.
21 Q What else did you do to try to speak to Michavel
22 Powers?
23 A I wrote a letter to him.
24 Q Now, in trying to reach Michavel Powers, what were you
25 trying to achieve?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT R EPORTER
4974
Henderson-Nikoi-direct/Scott

1 A A refund. I tried to obtain a refund from Cathy
2 Brady previously. She told me everything was fine with my
3 membership, and not to worry.
4 Q That's initially when you first got the invoice; is
5 that correct?
6 A Yes, yes.
7 Q Now, were you able to get a refund from the company?
8 A No, I was not.
9 Q Were you eventually charged for this additional
10 amount?
11 A I think I was. I am not sure, but I think I was.
12 Q Did you have any other contacts with the company
13 after that?
14 A No.
15 Q I am referring now to 1996. Do you remember any
16 contacts then?
17 A Yes. Michavel Powers called me.
18 Q And what happened in that conversation?
19 A He explained to me he received my complaint letter, a
20 year later, and that he was sorry that I had all these
21 problems with the company. And he also told me had a copy
22 of the questionnaire I filled out for the U.S. Postal
23 Services. And he wanted to inform me there was a mix-up
24 with another company that had a similar name to theirs.
25 And, therefore, Sterling Who's Who was bona fide. And he
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4975
Henderson-Nikoi-direct/Scott

1 asked me if there was something he can do to rectify the
2 situation to make me satisfied.
3 I told him I called repeatedly, and I wrote him a
4 letter a year ago. And I wanted a refund. He advised me
5 I could not get a refund. If I had complained after the
6 purchase then he would have given me a refund. And I
7 stated that I did.
8 He said I am going to send you a leather business
9 card holder, a note holder, an ink pen, and I will also
10 send you a Hard Copy cover of the edition.
11 I told him not to send it to me. I don't want
12 anything to do with Sterling Who's Who, a year ago, two
13 years ago, and leave me alone.
14 He apologized again and asked me if I would
15 reconsider, and I said, no, and I hung up on him.
16 Q What happened after that?
17 A After that in the mail those items came to my home.
18 Q Now, other than the items you described today, did
19 you receive anything else from the company?
20 A A magazine. I think the name of it was called
21 Tribute.
22 Q Did you ever learn about or get invited to any
23 conferences or seminars?
24 A No, I did not.
25 Q Did you ever get contacted by anybody who said they
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
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Henderson-Nikoi-direct/Scott

1 were a Who's Who member who wanted to network with you?
2 A No, I did not.

3 Q Did you ever -- withdrawn.
4 MS. SCOTT: May I have a moment, your Honor?
5 THE COURT: Yes.
6 (Whereupon, at this time there was a pause in the
7 proceedings.)
8 MS. SCOTT: Thank you, no other questions.
9 THE COURT: Cross-examination.
10 MR. TRABULUS: Your Honor, in light of the facts
11 we only recently became aware of which witness is being
12 called, we need to go through the documents.
13 MR. JENKS: I will ask a few questions.
14 MR. TRABULUS: All right, would you do that.
15 THE COURT: Yes.
16
17 CROSS-EXAMINATION
18 BY MR. JENKS:
19 Q Good afternoon, ma'am.
20 A Good afternoon.
21 Q Would you prefer to be called Ms. Henderson or
22 Ms. Henderson-Nikoi?
23 A Nikoi is fine.
24 Q You are a senior accountant, Ms. Nikoi, at George
25 Mason University?
HARRY RAPAPORT, CSR, CP, CM OFFICI AL COURT REPORTER
4977
Henderson-Nikoi-cross/Jenks

1 A Yes.
2 Q And that's in Virginia?
3 A Yes.
4 Q You held that title for some time?
5 A Yes, I have.
6 Q Did you ever see a copy of the Sterling Who's Who
7 directory for 1992, 1995?
8 A Yes, I did, in 1996.
9 Q You got the book in 1996?
10 A Uh-huh.
11 Q It just came in the mail in 1996?
12 A It was one of the items that Michavel Powers sent to
13 me.
14 Q In 1996?
15 A Yes.
16 Q Prior to coming here to testify today, did you have
17 conversations with the government?
18 A Yes, I did.
19 Q And did the government tell you on March 30th, 1995
20 Sterling Who's Who was raided and various people were
21 arrested on that date?
22 A No, they did not.
23 Q Do you know that as you testify here today?
24 A No.
25 Q This is the first time you are hearing it?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4978
Henderson-Nikoi-cross/Jenks

1 A Yes, I am.
2 Q Do you know after March 30th, 1995, that Sterling
3 Who's Who was not operating and functioning, and certainly
4 not functioning in 1996; did you know that?
5 A No, I did not.
6 Q Did you see your name in the Sterling Who's Who
7 registry?
8 A No, I did not want the book.
9 Q Did you look in the book to see your name?
10 A No.
11 MR. JENKS: Let me mark this.
12 MR. TRABULUS: It is there.
13 MR. JENKS: Where?
14 MR. TRABULUS: Under one of those plaques.
15 Q Ms. Nikoi, I am going to show you
16 Defendant's Exhibit T in evidence -- let me move some of
17 these out of the way.
18 Defendant's Exhibit T evidence, is that you,
19 Andrea Henderson-Nikoi?
20 A Yes, it is.
21 Q Would you look through this and tell me if it is a
22 correct depiction of your biographical data?
23 A Yes, it is.
24 Q Including your favorite activities and magazines and
25 so forth?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4979
Henderson-Nikoi-cross/Jenks

1 A Yes, it is.
2 Q Is this the information that you supplied to Sterling
3 Who's Who?
4 A Yes, it is.
5 Q All right.
6 You have never seen this listing in this book
7 prior to that?
8 A No.
9 Q Did you ever attempt to network at any time with any
10 of the members in this book?
11 A No.
12 Q Did you get a CD-ROM?
13 A No.
14 Q You know how to work a CD-ROM?
15 A No. I don't have CD-ROM.
16 Q Well, neither do I.
17 Let me show you this card.
18 This is Government's Exhibit 42-D in evidence.

19 This is the card that you sent back to Sterling
20 Who's Who; am I correct?
21 A Yes, it is.
22 Q And this card, if you look at the card, does it have
23 any little code or bar number anywhere on the card, at the
24 bottom in the right-hand corner?
25 A No, it doesn't.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4980
Henderson-Nikoi-cross/Jenks

1 Q It doesn't say anything about having any kind of a
2 code on this card, correct?
3 A Correct.
4 Q It doesn't have any letters or initials on the bottom
5 in any right-hand corner; is that correct?
6 A Correct.
7 Q Has the government shown you anything that would
8 suggest to you that perhaps you weren't nominated for
9 inclusion in the Sterling Who's Who registry?
10 A No, I haven't seen anything.
11 Q So, would it be fair to say, ma'am, as you sit here

12 today you are not really certain as to whether or not you
13 were actually nominated by someone from Virginia somewhere
14 for inclusion in that directory; is that correct?
15 A Correct.
16 Q And there are a lot of people at George Mason
17 University; is that correct?
18 A Yes.
19 Q And you worked there quite a while; is that correct?
20 A Yes.
21 Q And I take it you know a lot of people there; is that
22 correct?
23 A Yes.
24 Q And your level of education is college degree?
25 A Yes.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4981
Henderson-Nikoi-cross/Jenks

1 Q And how long have you worked at George Mason?
2 A For five years.
3 Q You know a lot of people there; is that correct?
4 A Yes, I do.
5 Q And I think you live in -- you said Fairfax,
6 Virginia?
7 A Woodbridge.

8 Q Woodbridge?
9 A Yes.
10 Q And you know people there, too; am I correct?
11 A Yes.
12 Q Are you a member of any organizations or groups in
13 Virginia?
14 A Triple A.
15 Q Other than that, are you a member of any --
16 A You mean professional organizations? No, I am not.
17 Q How about any organizations within your community?
18 A Church organizations.
19 Q Churches?
20 A Yes.
21 Q A church, religious organization?
22 A Yes.
23 Q Is it possible that someone could have nominated you
24 from either the university or a church organization or
25 even from your community?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4982
Henderson-Nikoi-cross/Jenks

1 A It's possible.
2 Q Okay.
3 Now, I am going to ask you to take a look at
4 42-E. This is for identification.
5 (Handed to the witness.)
6 Q That's the letter of complaint you sent to Michavel
7 Powers; is that right?
8 A Yes.
9 Q That letter is dated March 21st, 1995; am I right?
10 A Yes, sir.
11 Q And this is the first written letter, I take it, that
12 you sent to the company complaining about your membership;
13 am I right?
14 A Yes, sir.
15 Q Prior to that you dealt with Ms. Brady?
16 A I dealt with Ms. Brady, Michavel -- I am sorry, Tom
17 Randall. There was a gentleman his first name was Don. I
18 don't know his last name. And there was one other person
19 I dealt with.
20 Q Let me see if I understand it.
21 First you dealt with Cathy Brady?
22 A Yes.
23 Q And I think your testimony was that you had four
24 conversations before you decided to purchase a membership?
25 A That's correct.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COU RT REPORTER
4983
Henderson-Nikoi-cross/Jenks

1 Q Was the university going to reimburse you at all for
2 your membership?
3 A No, they were not.
4 Q But you did discuss it with your supervisor; is that
5 correct?
6 A Yes, I did.
7 Q Did he or she think it was a good idea to purchase
8 the membership?
9 A She stated only if it was the real Who's Who Among
10 Colleges and Universities.
11 Q Did you make any independent inquiry -- withdrawn.
12 Do you know who is the real Who's Who, if there
13 is a real Who's Who?
14 A Yes. The university has a listing of Who's Who Among
15 Colleges and Universities.
16 Q Did you know as you sit here today anyone can use the
17 name Who's Who?
18 A Yes, I know that now.
19 Q Do you know that there is hundreds of Who's Who books
20 out there published by different people?
21 A No, I did not know that.
22 Q Okay.
23 When you sent this letter on March 21st, 1995,
24 you said it was your first written letter of complaint; is
25 that correct?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4984
Henderson-Nikoi-cross/Jenks

1 A Correct.
2 Q Basically you were complaining because you wanted to
3 get your money back because you were no longer interested
4 at the present moment; is that correct?
5 A 1994 I was no longer interested.
6 Q This is here in 1995 -- withdrawn.
7 How soon after you became a member -- you signed
8 up to become a member in March of 1994; is that correct?
9 A Yes, sir.
10 Q And you got a wall plaque?
11 A Yes, sir.
12 Q Was the plaque timely delivered to you?
13 A Yes, sir.
14 Q Would it be a fair statement to say, ma'am, that you
15 were satisfied with t he plaque itself? Am I right?
16 A It was a nice plaque, if that's what you mean.
17 Q It was acceptable, correct?
18 A Yes.
19 Q Is that what you expected when they told you on the
20 phone you would get a plaque like that?
21 A Something similar to that.
22 Q Did you hang the plaque at all in your office or at
23 your home?
24 A I hung it up in my home.
25 Q In your den or someplace?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4985
Henderson-Nikoi-cross/Jenks

1 A Yes.
2 Q Did anyone else ever see the plaque at any time?
3 A My family and a couple of friends.
4 Q Did they comment on the plaque?
5 A Yes, they did.
6 Q Was there comments in a positive fashion?
7 A Yes, they were.
8 Q They were impressed that you were in a Who's Who?
9 A Yes.
10 Q Now, where is the plaque now?
11 A It is collecting dust right now.
12 Q On the wall?
13 A No, not on the wall.
14 Q You took it down?
15 A Yes, I did.
16 Q Let me ask you this: You got a questionnaire from
17 the government, correct?
18 A Yes.
19 Q And you don't think the questionnaire sometime in
20 1995?
21 A Yes, sir.
22 Q And would, say, June of 1995 be a fair estimate of
23 when you got that questionnaire?
24 A Yes.
25 Q Did you get a cover letter with that questionnaire
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4986
Henderson-Nikoi-cross/Jenks

1 from the government explaining that they were conducting
2 an investigation?
3 A I can't recall.
4 Q Okay.
5 When you got that questionnaire from the
6 government, would it be a fair statement to say that you
7 felt before you filled out the questionnaire, th at the
8 government was investing -- investigating this company for
9 possibly doing something wrong?
10 A No, I can't say that. I am not sure what I thought
11 at that time.
12 Q When you saw all the questions contained in the
13 questionnaire that Ms. Scott had shown you, did it dawn on
14 you that the government feels that perhaps this government
15 feels that this company had done something wrong?
16 A That can be an assumption, but I am not certain what
17 my thoughts were at that time.
18 Q Okay.
19 When you wrote this letter on March 21st, 1995,
20 you said a year later you finally heard from Mr. Powers?
21 A Yes.
22 Q And that would have been sometime in March of 1996?
23 A It was probably before March of 1996. Probably
24 February something. I know it was before I -- I changed
25 offices in my department. And I know it was before then.


HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4987
Henderson-Nikoi-cross/Jenks

1 Q Are you certain it was in February of '96?
2 A I am not certain, but I know it was a long time after
3 I filled out that questionnaire when I spoke with him.
4 Q A long time after you filled out the government
5 questionnaire?
6 A Yes.
7 Q And a Mr. Powers contacted you in 1996?
8 A Yes. The gentleman on the phone said he was
9 Mr. Powers.
10 Q Did the government tell you that -- did the
11 government tell you at any time that on March 30th, 1995,
12 they seized all the documents and records from Sterling
13 Who's Who?
14 A No. I hadn't spoken with the government then.
15 Q Okay.
16 Prior to coming here to testify today, did you
17 speak with the government?
18 A Yes, I did.
19 Q How many times would you say?
20 A I am not sure.
21 Q Two, three?
22 A I am not sure, I can't give you a number, because I
23 am not sure how many times I spoke with them.
24 Q Did you speak to Ms. Scott before you testified
25 today?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4988
Henderson-Nikoi-cross/Jenks

1 A Yes, I did.
2 Q Is this the first time you met the government in
3 person?
4 A Yes, it is.
5 Q When you met them, did they seem to suggest that
6 there was something wrong about you getting a person's
7 name from a mailing list?
8 A No, they did not.
9 Q Did they tell you they would emphasize with you when
10 you testified here, the issue of a mailing list?
11 A No, they did not.
12 Q You met Ms. Scott; is that correct?
13 A Yes, I did.
14 Q When did you meet her this morning or last night?
15 A No. I met h er this morning.
16 Q Tell us what occurred between the two of you?
17 A She just basically said I would be called in to
18 testify.
19 Q Did she tell you what kind of questions she would ask
20 you?
21 A Not this morning.
22 Q Did she tell you prior to that?
23 A Yes.
24 Q That she would be talking to you about nominations
25 and mailing lists?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4989
Henderson-Nikoi-cross/Jenks

1 A Yes.
2 Q And did she say that nominations and mailing lists
3 were the important things?
4 A No, she did not.
5 MR. JENKS: Nothing further. Thank you.
6 THE WITNESS: You're welcome.
7
8 CROSS-EXAMINATION
9 BY MR. TRABULUS:
10 Q Good afternoon, Ms. Nikoi.
11 A Good afternoon.
12 Q When you received this telephone call from
13 Mr. Powers, at that point in time you were kind of
14 irritated with Sterling; is that correct?
15 A That's correct.
16 Q Is it fair to say that you mentioned to him you had
17 responded to a questionnaire from the Postal Service?
18 A No. He told me he had a copy of the questionnaire.
19 Q He raised that first?
20 A Yes, he did.
21 Q Are you certain of that?
22 A I am not certain, but I remember him talking about
23 it.
24 Q So, it's possible that you in complaining may have
25 mentioned something about the questionnaire, and he may
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4990
Henderson-Nikoi-cross/Trabulus

1 have said I know about it? Is that possible?
2 A That's possible. But he told me what was on my
3 questionnaire.
4 Q When you were speaking to the people from the
5 government, did any of them tell you that the

6 questionnaires that were filled out by the people who they
7 actually would be calling as witnesses such as yourself,
8 were not physically given over to the attorneys for the
9 defendants until three weeks before the trial began? Did
10 anyone tell you that?
11 A No, they did not.
12 Q You have Exhibit 42-E there, is that a letter you
13 wrote?
14 A Yes.
15 Q And I think it is fair to say based on your
16 testimony, that at some point in time you did want a
17 refund from Sterling; is that correct?
18 A Yes.
19 Q And I believe in testifying you may have described
20 that particular letter as a letter asking for a refund; do
21 you recall that?
22 A Excuse me? Can you restate that?
23 Q When you were testifying with respect to a question
24 from Ms. Scott, I believe, you said that that particular
25 letter asked for a refund; is that c orrect?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4991
Henderson-Nikoi-cross/Trabulus

1 A I don't recall saying that.
2 Q Okay.
3 Maybe I misheard you, it's possible.
4 Is that correct that that letter doesn't ask for
5 a refund, but it does claim about getting a second bill
6 for the directory?
7 A Yes.
8 Q Now, you remember -- so, withdrawn.
9 And that letter itself, at the time it was
10 written, you weren't telling Sterling that you wanted a
11 refund, you were just saying I don't want to pay extra for
12 the directory; is that fair to say?
13 A I can't answer yes or no to that question.
14 Q It is correct you didn't ask for a refund in that
15 letter?
16 A Yes, I don't see it.
17 Q It is also correct that you apparently, quite
18 legitimately complain that based on your conversation with
19 Ms. Brady you shouldn't have to pay extra for the
20 directory; is that correct?
21 A Can I read this letter?
22 Q To yourself, sure.
23 A Okay.
24 (Whereupon, at this time there was a pause in the
25 proceedings.)
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4992
Henderson-Nikoi-cross/Trabulus

1 A Okay, I have read it.
2 Q Is it fair to say aside from going through the
3 conversations that you testified about here, in that
4 letter what you are basically saying is I shouldn't have
5 to pay extra in light of my conversations with Ms. Brady?
6 A Yes.
7 Q And you recall quite distinctly that you did pay the
8 $258 and change initially; is that correct?
9 A Yes, I did.
10 Q And you are not sure whether or not you actually did
11 have to pay anything extra before you did get the
12 directory; is that corre ct?
13 A State that again?
14 Q I think Ms. Scott asked whether you ever paid this
15 additional amount for which you were billed, and you said
16 you didn't know?
17 A Correct.
18 Q Now, there came a point in time that you were
19 contacted by an individual from Sterling that was more
20 recent than the things we were talking about; is that
21 correct?
22 A Yes.
23 Q And you told the persons that had spoken to you that
24 you were asked what you were expecting to get from
25 purchasing a membership? Do you recall that? One of the
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4993
Henderson-Nikoi-cross/Trabulus

1 first things he asked you?
2 A Yes.
3 Q And he said -- you said that you expected to get your
4 name entered into a book, and entered into a CD-ROM; do
5 you recall saying that?
6 A No, I don't.
7 Q Do you recall -- were you expecting to get your name
8 into a CD-ROM?
9 A Cathy Brady mentioned that when your name was
10 included in the book you automatically had your name
11 included in the CD-ROM.
12 Q I wasn't asking if you expected to receive a CD-ROM,
13 but were you told that your name would be entered into
14 one?
15 A Yes, she did tell me that.
16 Q I am going to show you this laptop computer that has
17 something that is previously marked as
18 Defendant's Exhibit S in it.
19 (Handed to the witness.)
20 Q Do you see something on the screen about yourself?
21 A Yes, I do.
22 Q That's the information you gave when you were -- when
23 you bought your Sterling membership?
24 A Yes, it is.
25 Q Now, I am pushing another name on the screen,
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4 994
Henderson-Nikoi-cross/Trabulus

1 bringing up another name. M.K. John, do you know M.K.
2 John at all?
3 A No.
4 Q It is another person at George Mason University,
5 according to the screen; is that correct?
6 A According to the screen.
7 Q And you were not expecting, were you, to call or
8 write other members yourself; is that right?
9 A That's what I was going to use the book for.
10 Q Well, when you spoke to the person from the Postal
11 Service, did that person ask you as to whether you would
12 call or write other members? Do you recall that?
13 A No.
14 Q Do you recall that person -- was it a man or woman
15 who called you?
16 A More than likely it was a man.
17 Q Did he ask you as to whether you were hoping other
18 members would call or write to you; did he ask you that?
19 Do you recall that?
20 A No, I don't.

21 Q I don't know if this would refresh your recollection
22 or not, but I will show you 3500-AN-2 for Identification.
23 (Handed to the witness.)
24 I don't know if you ever saw that. Did you see
25 that when you were talking to any of the people in the
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4995
Henderson-Nikoi-cross/Trabulus

1 government?
2 A No.
3 Q Did they show that to you?
4 A No.
5 Q Does this refresh your recollection as to what you
6 told the man who was interviewing you on the phone from
7 the Postal Service?
8 A Okay.
9 Q Does it refresh your recollection in response to the
10 question as to whether you were planning to call or write
11 other members, and you said no?
12 A No. I thought I said yes to that question.
13 Q Did you say yes, that you were hoping other members
14 would call or write you?
15 A Yes, I thought I said yes to that, but it is no in
16 the book.
17 Q In terms of other members calling or writing you, I
18 guess it was your hope that that would come from the
19 CD-ROM or the directory?
20 A The directory.
21 Q Indeed, your name, as you see now, was in the
22 directory?
23 A Yes, I saw that.
24 Q It was also in the CD-ROM from what you can see; is
25 that correct?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4996
Henderson-Nikoi-cross/Trabulus

1 A Yes.
2 Q In that respect, you got -- what you were told would
3 happen, would happen; is that correct? You were published
4 in a book and your name was on a CD-ROM directory?
5 A No. I didn't get everything that I was told was
6 going to happen.
7 Q You said you got the directory somewhat later than
8 you were told; is that correct?
9 A That is correct.
10 Q You were told about the magazine; is that correct?
11 A Yes, I was.
12 Q You got that?
13 A Yes, I did get the magazine.
14 Q I take it you read the magazine?
15 A One issue, I read a couple of pages.
16 Q Did you get additional pages?
17 A Yes, I did.
18 Q Did you read those?
19 A I trashed them. I was dissatisfied with the magazine
20 at that point.
21 Q Dissatisfied with the magazine?
22 A With the company.
23 Q So your decision to trash the magazine was based on
24 the fact that you were dissatisfied with the company?
25 A That's correct.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4997
Henderson-Nikoi-cross/Trabulus

1 Q And that is because you hadn't received the directory
2 at that point; is that correct? And you had been asked to
3 pay extra for it?
4 A It is because I felt they were giving me misleading
5 information, and I was not invited to any conferences or
6 seminars, as Ms. Brady stated for networking.
7 Q When you looked through the magazine did you see any
8 advertisements for any seminars or magazines?
9 A I can't recall. It has been a long time.
10 Q If you had looked at the magazine and seen something
11 in there about a seminar, do you feel it might have
12 changed your opinion concerning the company?
13 A No. I was very dissatisfied by then.
14 Q Even if there was something in one of the magazines
15 which might have invited you to a seminar that you would
16 have to pay for, would it at least borne out some of your
17 expectations about a seminar?
18 A No. Because Ms. Brady said I would get a
19 personalized invitation to a seminar or conference, free
20 of charge. That was part of the membership.
21 Q You would get a free of charge invitation?
22 A Yes.
23 Q And everything would be all paid for?
24 A She said those seminars and conferences would be held
25 in my local area, Washington, D.C.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4998
Henderson-Nikoi-cross/Trabulus

1 Q And that's what Ms. Brady told you?
2 A Yes.
3 Q Is that correct?
4 A Yes.
5 Q Are you aware that Ms. Brady is not here in this
6 courtroom today? Did anybody tell you that?
7 A I have never met her, so I wouldn't know.
8 Q Did you ask the prosecutors in this case as to
9 whether or not Ms. Brady was charged with any crime?
10 A No, I did not.
11 MR. TRABULUS: No further questions.
12
13 CROSS-EXAMINATION
14 BY MR. SCHOER:
15 Q Ms. Nikoi, good afternoon.
16 A Good afternoo n.
17 Q You belong to an association called the National
18 Association of Female Executives; is that correct?
19 A I did at one time.
20 Q Do you know whether or not -- do you know how you
21 were solicited to join the National Association of Female
22 Executives?
23 A I can't recall. It was a long time ago when I joined
24 that. So I don't recall.
25 Q Were you solicited through the mail?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
4999
Henderson-Nikoi-cross/Schoer

1 A I may have been. I was in college at the time. And
2 it was something that one of the organizations had listed,
3 an organization that we should look into.
4 Q And you were in college at the time; is that right?
5 A Yes.
6 Q And you weren't a female executive at the time, were
7 you?
8 A I was working full time and attending college full

9 time.
10 Q Were you working at the same job at George Mason?
11 A No, sir.
12 Q But as far as you remember, you might have been
13 solicited to join that organization by mail; isn't that
14 correct?
15 A That's possible.
16 Q Okay.
17 And do you remember whether the letter that you
18 received from the National Association of Female
19 Executives, indicated that you had been nominated or
20 selected in some way to join that organization?
21 A I don't recall.
22 Q That organization, did you have to pay a membership
23 fee in order to belong to that organization?
24 A I think that I did.
25 Q Okay.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5000
Henderson-Nikoi-cross/Schoer

1 Was that an annual fee or a one time fee?
2 A It has been a long time. I can't recall. It was
3 before this.
4 Q All right.
5 Do you know whether that organization offered any
6 benefits for joining the organization?
7 A Yes, they did.
8 Q And did they have a magazine?
9 A Yes, they did.
10 Q Was the magazine -- well, the magazine had certain
11 information that related to female executives; is that
12 right?
13 A Yes.
14 Q And the sort of things that would relate to all
15 executives in how to handle certain situations, things
16 like that; is that right?
17 A If I recall correctly, yes.
18 Q Did it have information about doing business in other
19 countries in the magazine, in that magazine?
20 A I don't recall.
21 Q Other than the magazine, did that organization
22 provide the opportunity for attending seminars?
23 A Yes.
24 Q Did that organization provide an opportunity for
25 getting discounts with respect to various different items?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5001
Henderson-Nikoi-cross/Schoer

1 A Yes. They had a page listed in the magazine that
2 gave you listings of other companies you could call and
3 get discounts.
4 Q And some of those benefits of the National
5 Association of Female Executives, you took advantage of,
6 and other benefits you were not that interested in taking
7 advantage of; is that right?
8 A I am not sure if I took advantage of any of their
9 offers, I am not sure.
10 Q Okay.
11 You joined that organization. And even if you
12 didn't take advantage of any of the benefits, and even if
13 your name came from a mailing list, you got some value for
14 being part of that organization; isn't that so?
15 A Well, I can't answer that with a yes or no. I can
16 say one thing.
17 With that organization, they did send me
18 invitations for networking purposes, and I did attend a
19 seminar. So I will mention that.
20 Q Did you pay for that seminar?
21 A No. It was a women's seminar, and I don't recall
22 paying for it.
23 Q All right.
24 In any event, in answer to my question, with
25 respect to that organization, whether you utilized any of
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5002
Henderson-Nikoi-cross/Schoer

1 the benefits available or your name came from a mailing
2 list, the organization had some value to you; isn't that
3 so?
4 A Yes. But I don't think my name came from a mailing
5 list.
6 Q But you are not sure though, right?
7 A I am not certain. It has been such a long time ago.
8 But I belong to another women's business fraternity, and
9 they gave us that name as well. So I don't think my name

10 came from a mailing list, because some other members knew
11 some of the executives.
12 Q Didn't you tell us before that you might have been
13 solicited through the mail for joining that organization;
14 isn't that correct?
15 A That's correct. But they --
16 Q Let me ask you this: Do you know whether that
17 organization, the National Association of Female
18 Executives, took a list of all the members and sold that
19 to other people so they could mail things to them?
20 A Can you restate that?
21 Q Do you know if that organization, the National
22 Association of Female Executives sold lists to other
23 people so those members can be solicited for any number of
24 other items?
25 A No, I didn't know that.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5003
Henderson-Nikoi-cross/Schoer

1 MR. SCHOER: I have no furt her questions. Thank
2 you.
3 THE WITNESS: You're welcome.
4
5 CROSS-EXAMINATION
6 BY MR. DUNN:
7 Q Good afternoon, Ms. Nikoi.
8 A Good afternoon.
9 Q My name is Thomas Dunn and I am one of the attorneys
10 here.
11 Ms. Nikoi, the person who was rude to you on the
12 phone, that was Tom Ransill or Tom Randall; is that
13 correct?
14 A Yes.
15 Q Would it surprise you to know that that person is not
16 in this courtroom?
17 A No, I didn't know if he was going to be here or not.
18 Q And Mike Powers, Mike Powers isn't in this
19 courtroom? , the person you dealt with also on the phone;
20 is that correct?
21 A Correct.
22 Q Now, how long have you been with George Mason
23 University?
24 A About five years.
25 Q Before you were contacted by this Sterling Who's Who,
HARRY RAPAPORT, C SR, CP, CM OFFICIAL COURT REPORTER
5004
Henderson-Nikoi-cross/Dunn

1 you were employed by or with George Mason; is that
2 correct?
3 A Yes.
4 Q And George Mason University has a law school; is that
5 correct?
6 A Yes.
7 Q As an accountant with George Mason, do you do the
8 whole university's accounting?
9 A No, I am only one person in a large department.
10 Q And now, you were concerned about whether this was a
11 genuine Who's Who; is that correct?
12 A Yes.
13 Q And at a university like George Mason, there are an
14 awful lot of research tools to take advantage of; is that
15 correct?
16 A Yes.
17 Q And in fact, your supervisor made mention to you
18 about a Who's Who dealing with colleges and universities;
19 is that correct?
20 A Yes.
21 Q Did you make any effort to go to one of the
22 libra ries, either the law school library or university
23 library at George Mason, to see if there was a Who's Who
24 of Colleges and Universities at that library? Yes or no?
25 A No. The law school is not on the same campus.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5005
Henderson-Nikoi-cross/Dunn

1 Q But you didn't go to the university library; is that
2 correct?
3 A Correct.
4 Q Now, is it fair to say that if you went to that and
5 looked at that and found it, it might say who the
6 publisher was; is that correct?
7 A Correct.
8 Q Now, you said you wanted to do some networking; is
9 that correct?
10 A Correct.
11 Q And you also said you hung up this nice plaque on the
12 wall of your house; is that right?
13 A That's right.
14 Q And family members saw that?
15 A Yes, they did.
16 Q Is that like aunts, uncles, cousins, people like
17 that?
18 A No. My parents and my siblings.
19 Q And when your parents first saw it they commented on
20 it; is that correct?
21 A Yes, they did.
22 Q They were proud of it; is that right?
23 A Yes.
24 Q And that made you feel good, didn't it?
25 A Yes, it did.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5006
Henderson-Nikoi-cross/Dunn

1 Q In fact, when you got that plaque you felt good,
2 didn't you?
3 A I thought it was nice. I had received others.
4 Q You were pleased you were going to be in a Who's Who;
5 is that right?
6 A I had been --
7 Q Yes or no.
8 A Yes.
9 Q And when you got the plaque you were impressed; is
10 that right? Yes or no?
11 A I don't know if impressed would be the word that I
12 would use.
13 Q When you lear ned you were being considered for a
14 Who's Who, you were pleased about that; is that correct?
15 A Yes, sir.
16 Q And it made you feel good; is that right?
17 A Yes, it did.
18 Q You got the plaque and hung it up; is that right?
19 A Yes, I did.
20 Q And people saw it and they were impressed; is that
21 right?
22 A Yes, they were.
23 Q And that made you feel good?
24 A Yes. It did.
25 Q Isn't it a fact Ms. Nikoi, that you -- it didn't
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5007
Henderson-Nikoi-cross/Dunn

1 matter where your name came from, you were pleased and
2 happy to be included in a Who's Who; is that true?
3 A No, it is not.
4 Q Ma'am, you did not make any effort to find out, you
5 were at a university, your supervisor told you about the
6 Colleges and Universities Who's Who, and you didn't check
7 it out, did you?
8 A She told me to ask the person on the phone, the
9 representative, if they belong to Who's Who among Colleges
10 and Universities, and I did so.
11 MR. DUNN: Move to strike as not responsive.
12 THE COURT: Motion granted. Strike the answer.
13 Q Ma'am --
14 THE COURT: Wait a minute.
15 MR. DUNN: I apologize.
16 THE COURT: Strike the answer as not responsive,
17 and the jury is instructed to disregard it.
18 You will be asked questions asking for a yes or
19 no. If you can't answer the question yes or no, say you
20 can't answer yes or no. Rather than make an explanation.
21 THE WITNESS: Yes, sir.
22 Q Ms. Nikoi, your supervisor told you about the
23 Colleges and Universities Who's Who; is that correct?
24 A Yes.
25 Q Is that right?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5 008
Henderson-Nikoi-cross/Dunn

1 A Yes.
2 Q And you yourself had graduated from college at that
3 point, correct?
4 A Yes.
5 Q All you had to do was walk over to your library and
6 do a little research, correct? That's all you had to do;
7 is that right?
8 A Right.
9 Q You didn't do it, right? You didn't walk over to
10 that library, right?
11 A No, I did not.
12 Q And you said you were concerned with whether it was a
13 genuine Who's Who; is that correct?
14 A Yes.
15 Q And did you tell -- withdrawn.
16 Did you call -- withdrawn.
17 Did you first get something in the mail
18 concerning this Sterling Who's Who?
19 A Yes.
20 Q When you got that, did you call any state agency in
21 Virginia to see if it was a bona fide company?
22 A The agency --
23 Q Please listen to the question.
24 On th e day you received and opened the letter,
25 did you make any calls to any agency in the State of
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5009
Henderson-Nikoi-cross/Dunn

1 Virginia concerning the bona fides of Sterling Who's Who;
2 yes or no?
3 A No, I did not.
4 Q Did you call anyone or any agency a few miles away in
5 Washington, D.C., to find out -- any federal agency to
6 find out the bona fides of Sterling Who's Who?
7 A Yes, I called an agency.
8 Q On the day of the letter?
9 A No, not the day of the letter.
10 Q Did you call before you spoke to Cathy Brady?
11 A No, I did not.
12 MR. DUNN: No further questions, your Honor.
13
14 CROSS-EXAMINATION
15 BY MR. LEE:
16 Q Good afternoon, Ms. Nikoi.
17 A Good afternoon.
18 Q You stated you did feel pretty good when you received
19 a plaque?
20 A Yes.
21 Q Something like that?
22 A Yes.
23 Q And did the government bother to tell you -- let me
24 make sure I am correct, you received an MBA; is that
25 correct?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5010
Henderson-Nikoi-cross/Lee

1 A Yes.
2 Q In accounting?
3 A Yes.
4 Q A pretty difficult subject and not too many people
5 can do that, right? It takes a lot of hard work?
6 A Yes.
7 Q It was a joint degree, right? It was something with
8 biology?
9 A I have a BGS in biological studies.
10 Q So, it is a joint degree?
11 A No, it is not.
12 Q You have a masters --
13 A I have two degrees. I thought you meant the BGS in
14 biology.
15 Q You have two degrees?
16 A Yes.
17 Q Advanced degrees.
18 Did the government bother to tell you -- you said
19 you felt good. Did they tell you that this organization,
20 Who's Who Worldwide might never have even contacted you,
21 unless you met certain criteria within your organization,
22 did they tell you that?
23 A Who's Who Worldwide?
24 Q Did the government tell you that this organization,
25 they might not have contacted you, unless you were a
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5011
Henderson-Nikoi-cross/Lee

1 person who obtained a certain level of education? Did
2 they tell you that?
3 A I didn't know Who's Who Worldwide -- I was
4 contacted -- not contacted --
5 Q Excuse me, Sterling Who's Who. We are now on the
6 same page.
7 A Okay.
8 Q Did the government ever inform you that you never
9 would have been contacted unless you had attained a
10 certain level of education, did they tell you that?
11 A No, they did not.
12 Q You weren't aware if you weren't of a certain status
13 or income level, you might not have received an invitation
14 from this Sterling Who's Who? Did they tell you that?
15 A No, they did not.
16 MR. LEE: I have no further questions.
17 THE COURT: Anything else, anyone else?
18 MS. SCOTT: I have redirect.
19
20 REDIRECT EXAMINATION
21 BY MS. SCOTT:
22 Q Ms. Henderson-Nikoi, do you remember being asked
23 questions on cross-examination as to whether you knew you
24 were nominated?
25 A Yes.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5012
Henderson-Nikoi-redirect/Scott

1 Q And you testified that you really don't know one way
2 or the other?
3 A Yes.
4 Q Up mentioned on cross-examination you are a member of
5 the National Association of Female Executive s?
6 A Yes.
7 Q And are you currently a member of that?
8 A No, I am not.
9 Q When were you a member?
10 A In 1990 -- I think I joined, I am not certain. It
11 was probably when I was in grad school. So probably 1990
12 through 1994, if I am not mistaken.
13 Q So, you were a member of the National Association of
14 Female Executives around the time you were approached by
15 Sterling Who's Who?
16 A Yes.
17 Q And is there an acronym for that association?
18 A NAFE, N A F E.
19 Q I will show you Government's Exhibit 271, which is in
20 evidence.
21 (Handed to the witness.)
22 I will ask you to compare this line by line with
23 Government Exhibit 42-F, as in Frank, which is also in
24 evidence.
25 (Whereupon, at this time there was a pause in the
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5013
Henderson-Nikoi-redirect/Scott

1 proceedings.)
2 MR. JENKS: What is the exhibit?
3 MS. SCOTT: 271.
4 Q Is Government's Exhibit 271 a solicitation letter
5 from Sterling Who's Who?
6 A Yes, it is.
7 Q And is it identical to the one you received,
8 Government's Exhibit 42-F?
9 A Yes, it is.
10 Q It is identical, except for the name of the person to
11 whom it is addressed; is that correct?
12 A Correct.
13 Q Okay.
14 Now, if you look at Government's Exhibit 271,
15 does it have some writing at the top, some handwriting?
16 A Yes.
17 Q Can you tell us what that handwriting says.
18 A It says list dash files, F I L E S, house, colon,
19 omni, list colon NAFE.
20 Q When you say NAFE, do you recognize that?
21 A Yes.
22 Q What do you recognize it to be?
23 A The National Association of Female Executives.

24 Q And the word before that acronym is you said Liz or
25 list?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5014
Henderson-Nikoi-redirect/Scott

1 A List, L I S T.
2 Q What does it say below that?
3 A Proj, P R O J, colon, 156,000. And below that it
4 says no code.
5 Q Now, do you remember Mr. Jenks showing you your card
6 that you filled out? And I am talking about
7 Government's Exhibit 42-D, as in Daniel.
8 A Yes.
9 Q And do you recall him asking you if a code appeared
10 on that card?
11 A Yes.
12 MS. SCOTT: Your Honor, may I publish
13 Government's Exhibit 271, 42-F, as in Frank, and 42-D, as
14 in Daniel?
15 THE COURT: All in evidence?
16 MS. SCOTT: Yes.
17 THE COURT: You may.
18 (Whereupon, the exhibit/exhibits were published
19 to the jury.)
20 Q Now, Ms. Nikoi , do you remember being asked questions
21 what you did with the plaque?
22 A Yes.
23 Q Do you remember testifying it was up originally on
24 the wall and now it is down?
25 A Yes.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5015
Henderson-Nikoi-redirect/Scott

1 Q Can you tell us the sequence of events that took
2 place with respect to the plaque?
3 A Initially I put it up when I received it. And then
4 when I was dissatisfied with the company, I took it down.
5 I since then moved. I bought a home. And we had
6 a wall behind a door that my son and friend thought we
7 should put that plaque up there. So it stayed there. And
8 I took it down.
9 Q When did you take it down?
10 A I took it down -- well, it has been off and on,
11 because my son puts it back on behind the door. It was
12 taken down again on yesterday.
13 Q When was the first time you took it down before your
14 son put it back up?
15 A Okay. It was over a year ago.
16 Excuse me, you said the first time I took it
17 down?
18 Q Well, the first time you took it down off that back
19 wall that your son kept putting it back up again?
20 A It was a few days after he first put it up there, it
21 was taken down.
22 Q Now, do you remember being asked questions about your
23 conversation in 1996 with Michavel Powers on
24 cross-examination, I mean?
25 A Yes.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5016
Henderson-Nikoi-redirect/Scott

1 Q And do you remember being asked if it was possible
2 that you said to Mr. Powers -- I am sorry, withdrawn.
3 Do you remember you were asked if it was possible
4 that you told Mr. Powers in that conversation about the
5 quest ionnaire?
6 A Yes, I recall.
7 Q And you also remember testifying that he said
8 something to you about the questionnaire?
9 A Yes.
10 Q What did he say specifically, to the best of your
11 recollection?
12 A I remember him telling me that he had a copy of the
13 questionnaire that I completed for the Postal Services,
14 and he knew I complained, because he had a copy of my
15 complaint letter, and that is why he was calling me.
16 MS. SCOTT: Thank you, your Honor. No further
17 questions.
18 THE COURT: Anything else?
19 MR. NEVILLE: May I take a look at 42-F for a
20 moment, before the witness leaves?
21 THE COURT: Surely.
22 MR. NEVILLE: Thank you.
23 THE COURT: Anything else?
24 MR. NEVILLE: Nothing else.
25 MR. SCHOER: I have a question if I can ask it
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

5017
Henderson-Nikoi-recross/Schoer

1 from here.
2
3 RECROSS-EXAMINATION
4 BY MR. SCHOER:
5 Q Ms. Nikoi, the organization you are talking about,
6 NAFE, N A F E, you believe it to be a good and reputable
7 organization; is that correct?
8 A That's what we were told.
9 Q That's what you believed after you joined the
10 organization, and even after you were in the organization
11 for a while; is that so?
12 A Yes.
13 Q And that organization is how Sterling got your name;
14 isn't that right?
15 A I am not sure. You are telling me that now.
16 Q But that's what you seem to have learned from sitting
17 there today; isn't that so?
18 A Yes.
19 Q But that was a good, reputable organization as far as
20 you knew?
21 A As far as I knew of.
22 Q It was an honor to be in that organization as far as
23 you knew?
24 A Yes, that's what we were told.
25 MR. SCHOER: That's all.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5018
Henderson-Nikoi-recross/Trabulus

1 MR. TRABULUS: Your Honor, very briefly.
2
3 RECROSS-EXAMINATION
4 BY MR. TRABULUS:
5 Q In total, how many conversations did you have with
6 Mike Powers?
7 A Just one, he called me once.
8 Q The time that he called? You had not spoken to him
9 previously?
10 A No, I had not.
11 MR. TRABULUS: No further questions.
12 THE COURT: Call your next witness.
13 MS. SCOTT: I am sorry, I have redirect.
14 THE COURT: Go ahead.
15
16 FURTHER REDIRECT EXAMINATION
17 BY MS. SCOTT:
18 Q Was being a member of NAFE the same as being
19 nominated by a supervisor for a membership in Sterling
20 Who's Who?
21 A No.
22 Q If you were in fact taken from a mailing list at the
23 time of your purchase from Sterling Who's Who is that
24 something you would have wanted to know?
25 A Yes.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5019
Henderson-Nikoi-redirect/Scott

1 MR. DUNN: Objection. Improper re-redirect.
2 THE COURT: Overruled.
3 A Yes. That's the difference. Sterling said in their
4 letter was nominated; I was nominated, that's what Cathy
5 Brady told me. I was nominated by a supervisor. She did
6 not state I got -- she got the name from a mailing list,
7 the two things are different in my opinion.
8 MS. SCOTT: That's all.
9
10 FURTHER RECROSS EXAMINATION
11 BY MR. JENKS:
12 Q To this date, is it fair to say that you don't know
13 whether you were nominated by a supervisor or anyone else;
14 is that correct?
15 A Cor rect.
16 MR. SCHOER: If I may.
17
18 FURTHER RECROSS EXAMINATION
19 BY MR. SCHOER:
20 Q You testified before you are not sure how NAFE got
21 your name; is that so?
22 A That's so, but the organization that I belong to gave
23 us NAFE as a good networking tool. So I knew in the
24 future I should be contacted by NAFE.
25 Q You knew that NAFE was an organization that had
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5020
Henderson-Nikoi-recross/Schoer

1 prestige and honor; is that so?
2 A Yes, that's what we were told.
3 Q But you don't know how NAFE got your name for you to
4 be included in NAFE; is that so?
5 A No, I would say that's so, the organization --
6 Q You don't know if NAFE got your name from a mailing
7 lists, do you, of your own personal knowledge?
8 A I can't give you a yes or no, but I can e xplain it to
9 you.
10 Q Let me ask you, of your own personal knowledge, do
11 you know how NAFE got your name?
12 A I was told how they would get my name by the
13 fraternity I was with at the time I was in college.
14 Q And your fraternity may have provided them with a
15 hundred names, correct?
16 A Yes.
17 Q And you don't know whether or not they contacted all
18 hundred people or just contacted the people they got from
19 a mailing list, do you?
20 A No, I don't.
21 MR. SCHOER: Thank you.
22 THE COURT: Anything else?
23 MS. SCOTT: Nothing further.
24 THE COURT: You may step down.
25 Call your next witness.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5021
Henderson-Nikoi-recross/Schoer

1 (Whereupon, at this time the witness left the
2 witness stand.)
3 MS. SCOTT: The government call s Terry Swinney,
4 S W I N N E Y.
5 THE COURT: Raise your right hand.
6
7 T E R R Y L E E M A R V I N S W I N N E Y,
8 called as a witness, having been first
9 duly sworn, was examined and testified
10 as follows:
11
12 THE COURT: Please be seated. State your full
13 name and spell your name.
14 THE WITNESS: Terry Lee Marvin Swinney,
15 S W I N N E Y.
16
17 DIRECT EXAMINATION
18 BY MS. SCOTT:
19 Q Good afternoon, Mr. Swinney.
20 A Good afternoon.
21 Q Can you tell us where you live?
22 A Glassboro, New Jersey.
23 Q And how are you employed?
24 A Employed by the Boeing Information Space and Defense
25 Systems, Rotorcraft Division, like helicopters, in
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5022
Swinney-direct/Scott

1 Philadelphia.
2 Q In Philadel phia?
3 A Yes.
4 Q Can you tell us what you do for them?
5 A I am the manager of office and food services. That's
6 the current title. If you want to know what I do, there
7 are 16 different jobs.
8 Q Can you tell us what those jobs are.
9 A Food service, recreation, discounts, budgets, office
10 supplies, policies and procedures, records management,
11 Xerox equipment and maintenance. I think I named them
12 all.
13 Q How long have you held this position?
14 A The current position is about three years.
15 Q And what did you do just before that?
16 A I was the employee services manager for the division.
17 THE COURT: What is the name of the company you
18 work for, Boeing?
19 THE WITNESS: Boeing.
20 THE COURT: The same Boeing that makes these
21 airplanes?
22 THE WITNESS: Yes.
23 THE COURT: You are in the helicopter divisio n?
24 THE WITNESS: Yes, sir.
25 THE COURT: Okay.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5023
Swinney-direct/Scott

1 Q What did you say you did right before that?
2 A I was called the employee services manager. I still
3 am, but it is branched out a little bit from that.
4 Employee services took care of recreation,
5 recognition, service awards, food service, budgets,
6 suggestions. Those are the things I did.
7 Q How long did you hold that position?
8 A Approximately five years.
9 Q And have you ever heard of a company called Who's Who
10 Worldwide?
11 A I have in the past, yes.
12 Q Did you make any purchases from that company?
13 A Yes, I did.
14 Q What did you purchase?
15 A I purchased a registry, a membership, a first time
16 membership of five years, and a following membership which
1 7 was a life membership, a registry and a CD-ROM.
18 Q Now, do you remember how you were first contacted by
19 the company Who's Who Worldwide?
20 A I believe it was by mail.
21 It gets a little fuzzy at this point, 1993,
22 probably February. There was a mailing that came to me.
23 I believe there was a card in it. And I returned the card
24 back to Who's Who.
25 Q I am now showing you Government's Exhibit 11-G, for
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5024
Swinney-direct/Scott

1 George, for Identification.
2 (Handed to the witness.)
3 Q Do you recognize that?
4 A Yes, I do.
5 Q What is that?
6 A It looks like the original letter that was mailed to
7 me at Boeing Helicopters.
8 MS. SCOTT: I offer Government's Exhibit 11-G.
9 THE COURT: Any objection?
10 MR. TRABULUS: No.
11 THE COURT: Go vernment's Exhibit 11-G, for Gorge,
12 in evidence.
13 (Government's Exhibit 11-G received in evidence.)
14 Q Can you read us the first two paragraphs of that
15 letter slowly.
16 A You were recently nominated for possible inclusion in
17 the Who's Who Registry of global business leaders.
18 We are pleased to inform you that on February
19 16th the office of public affairs accepted your candidacy
20 and is looking forward to your inclusion in the registry
21 of global business leaders.
22 Q Now, you mentioned a card at some point you sent in?
23 A Yes.
24 Q I am showing you Government Exhibit 11-D as in
25 Daniel.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5025
Swinney-direct/Scott

1 Do you recognize that?
2 A That is my handwriting.
3 Q What is that document?
4 A This is your invitation, is what it say s at the top.
5 And please include me as a candidate for inclusion in the
6 Who's Who Registry of global business leaders, 1993-94
7 edition.
8 Q Is that the card you returned to the company?
9 A Yes, it is.
10 MS. SCOTT: I offer Government's Exhibit 11-D, as
11 in Daniel.
12 THE COURT: Any objection?
13 Government's Exhibit 11-D, for Dog in evidence.
14 (Government's Exhibit 11-D received in evidence.)
15 THE COURT: Now we will take a ten-minute
16 recess.
17 Please do not discuss the case. Keep an open
18 mind.
19 Does the jury still have some of these exhibits?
20 THE JURORS: Yes.
21 THE COURT: Why don't you leave it on your seat
22 and take it up when you come back.
23 (Whereupon, at this time the jury left the
24 courtroom.)
25
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5026
S winney-direct/Scott

1 (Whereupon, a recess is taken.)
2
3 MR. DUNN: Before the jury comes out, can you
4 give a limiting instruction on the last witness, because
5 she only dealt with Sterling Who's Who, at a time you find
6 appropriate?
7 THE COURT: Any objection to that?
8 MS. SCOTT: No objection.
9 THE COURT: You mean Ms. Andrea Henderson-Nikoi?
10 MR. DUNN: Yes.
11 (Whereupon, the jury at this time entered the
12 courtroom.)
13 THE COURT: Please be seated, members of the
14 jury.
15 Members of the jury, the witness that -- the
16 previous witness, Andrea Henderson-Nikoi, her testimony
17 was offered only against the defendant Sterling Who's
18 Who.
19 You may proceed.
20 MR. WHITE: Thank you, your Honor.
21
22 DIRECT EXAMINATION (cont'd)
23 BY MS. SCOTT:
24 Q Mr. Swinney, if you can take a look at
25 Government's Exhibit 11-D, the card you filled out.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5027
Swinney-direct/Scott

1 A Yes.
2 Q Do you see a code in the bottom right-hand corner
3 printed on the form?
4 A GA group.
5 Q GA group. Is there another letter after that?
6 A T as in Tom.
7 Q If you turn it over to the address part of it, can
8 you read off the postmark.
9 A No, I can't. It is only partially legible. It says
10 only 1993, and there is a March, it looks like 1 before
11 the March. But it doesn't -- I can't -- there is a zero
12 eight zero on the upper right of the circle. That's about
13 all I can read of it.
14 Q Okay, thank you.
15 What happened after you mailed that letter, that
16 card, back to the company?
17 A I believe I received a telephone call from someone
1 8 representing Who's Who Worldwide.
19 Q Did you have a conversation with that person?
20 A Yes, I did.
21 Q And what happened in your conversation?
22 A During that conversation -- actually, prior to the
23 conversation I did ask some questions in my own company
24 about who may have nominated me. I am a government
25 contractor, and we can't accept things from a supplier; or
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5028
Swinney-direct/Scott

1 people who may receive some influence if they gave me a
2 nomination. So, I asked those kind of questions before I
3 actually received a phone call. All of that turned out
4 negative. I couldn't find anybody who knew I was
5 nominated, or that I was nominated, or that nominated me.
6 During that phone conversation, a female told me
7 that I had been nominated, and based on my credentials I

8 would go before a board. It -- she made me feel I was one
9 out of a million people who were nominated, and only a
10 very few select people would ever be gie opportunity
11 to join Who's Who Worldwide. It makes you feel kind of
12 important at the moment, thinking about it.
13 She ask me, asked me some questions what I did
14 about leisure time, maybe what my favorite book that I had
15 read was, what type of publications I read, things like
16 that, and for a bio to be filled out. And that bio goes
17 before the board. And the board would see if I was
18 selectable before Who's Who, based on the information I
19 provided.
20 Q What, if anything, did she say about how members in
21 general were selected for membership?
22 A It was purely a nomination by an existing member;
23 that my name was provided as the nomination.
24 I asked who nominated me. And she said it was
25 strictly confidential. They did not provide that
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5029
Swinney-direct/Scott

1 information to anybody.
2 I believe her words were that it was an anonymous
3 nominator.
4 Q Now, what, if anything -- did you ask any other
5 questions during the conversation?
6 A Probably a lot. Five years ago, and it kind of fades
7 after time.
8 Q I will show you something that may refresh your
9 recollection, and this is Government's Exhibit 3500-TLM
10 S-1.
11 (Handed to the witness.)
12 Q Does that refresh your recollection about any other
13 questions you might have asked?
14 A Yes, it does.
15 I did ask a question about a mailing list, as to
16 whether it was just a random mailing list that they got
17 the name from. I was told, no, it truly was a nomination,

18 and it was an anonymous recommendation to the board, that
19 I would be nominated to this position.
20 Q Now, what, if anything, were you told you would get
21 if you would purchase a membership?
22 A I would get the registry, and I could go and network
23 with other people, I could network, where they would have
24 network opportunities for me to take advantage of; I would
25 receive a monthly publication, I believe it is called
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5030
Swinney-direct/Scott

1 Tribute; that there would be a press release going out in
2 my name to the other people on the board to say that I had
3 been accepted if I truly was accepted, and that's my name
4 would be put on the registry, put on a CD-ROM, and other
5 things where I could use the Who's Who logo on my business
6 card or for my letterhead, or things like that.
7 Q Now, of all the things told to you during the
8 conversation, which was the most important toward leaning
9 you to purchase this membership?
10 A That I was nominated by somebody. Even if it was
11 anonymous, I felt maybe somebody recognized what I had
12 done, how I had done it, what I had done in the past, and
13 recognized me for the that and nominated me to Who's Who
14 Worldwide.
15 Q How did you intend to use the membership?
16 A A networking process. I look at what I do for the
17 Boeing company in Philadelphia, and try to enhance my
18 position with the employees. My role is to enhance what I
19 can supply to the employees of that division. And through
20 a networking process, in other words, as the food service
21 liaison for the company, I would be able to ask other food
22 service people what did they do, how they do it, how did
23 their contract work? And I would be also asking how their
24 recognition program, or suggestion program works? What
25 type of discount programs do you run? Things like that to
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5031
Swinney-direct/Scott

1 actually benefit the whole of the company and not just
2 myself.
3 Through that networking, it sound really great.
4 But the book doesn't tell you all those things, and
5 neither does the CD-ROM. In fact, I thought the CD-ROM
6 was a piece of junk.
7 Q I was going to get to that in a second.
8 Going back to the reasons why you purchased, how
9 did your belief that the members were nominated, relate to
10 your belief of how you can use this for networking?
11 A Being nominated I felt it put me a little ago above a
12 mailing list, not a bit, but quite a bit above a mailing
13 list. Anybody ca n get a phone book and pull it out and
14 write names and addresses down and sends an anonymous
15 letter to them.
16 I could have taken the Boeing directory and
17 talked to people like myself in the Boeing company, since
18 it has about 150,000 employees.
19 But to talk to other industry leaders, to other
20 major corporations throughout the world, to ask those type
21 of questions, to ask what they do and how they do things;
22 to maybe better the employee base at the Helicopters
23 Division in Philadelphia. That's the type of things I
24 looked to do.
25 Q So, if your name was taken from a mailing list,
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5032
Swinney-direct/Scott

1 instead of being obtained by nomination, would you still
2 have purchased that membership?
3 A I don't believe I would have at all. I don't even
4 believe I would have talked to them.
5 Q Now, do you remember how much you paid for the
6 membership you purchased?
7 A I want to say it was like $397 for the initial five
8 year membership.
9 Q Do you remember how you paid?
10 A Master Card or Visa. I can't honestly tell you which
11 one. But it was one of those two.
12 Q I will show you Government's Exhibit 11-B as in
13 Baker, for Identification.
14 Do you recognize that?
15 (Handed to the witness.)
16 A Yes, I do. This is the document, or at least a
17 similar document that they sent back to me, confirming
18 that my invoice was paid either by Visa or Master Card.
19 MS. SCOTT: I offer Government's Exhibit 11-B, as
20 in Baker.
21 THE COURT: Any objection?
22 MR. TRABULUS: No.
23 THE COURT: Government's Exhibit 11-B, for Baker,
24 in evidence.
25 (Government's Exhibit 11-B received in evidence.)
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5033
Swinney-direct/Scott

1 Q Mr. Swinney, if you look at that document for a
2 moment, there are a couple of boxes about a third of the
3 way down the page.
4 Do you see a box that says approved by?
5 A Yes.
6 Q Can you tell us what appears in that box?
7 A L W, Lima Whiskey.
8 Q I am going to also though you
9 Government's Exhibit 11-C, for Charles, which is in
10 evidence.
11 (Handed to the witness.)
12 Q Taking a look at the document, do you see any
13 information there about yourself?
14 A Yes, I do. It has my name, title, organization,
15 street address, city, business telephone.
16 Q Do you see a date on that document?
17 A 3/10 of '93.
18 Q Can you compare it with the date on the invoice,
19 Government's Exhibit 11-B ?
20 A The invoice is dated 3/11 of 93.
21 Q Going back to 11-C, does a person's name appear in
22 the upper right-hand corner?
23 A Yes.
24 Q What is that name?
25 A Laura.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5034
Swinney-direct/Scott

1 MS. SCOTT: Your Honor, I request permission to
2 publish 11-B, 11-C, 11-D -- have you offered 11-C for
3 Charley?
4 MS. SCOTT: It is in evidence.
5 THE COURT: Very well.
6 (Whereupon, the exhibit/exhibits were published
7 to the jury.)
8 Q I am showing you also 11-F, for Frank. Do you
9 recognize that?
10 (Handed to the witness.)
11 A Yes.
12 Q All right.
13 A This is the card I received back from them,
14 congratulations, you are confirmed --
15 THE COURT: We lost you, Mr. Swinney.
16 MS. SCOTT: I needed to offer it first in a ny
17 event.
18 I offer Government's Exhibit 11-F.
19 THE COURT: Any objection?
20 MR. TRABULUS: No.
21 THE COURT: Government's Exhibit 11-F for Fox, in
22 evidence.
23 (Government's Exhibit 11-F received in evidence.)
24 THE COURT: What is it, a letter?
25 THE WITNESS: A card.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5035
Swinney-direct/Scott

1 THE COURT: Does it have a date on it?
2 THE WITNESS: No, sir, it does not.
3 MS. SCOTT: May I publish that as well, your
4 Honor?
5 THE COURT: Yes.
6 (Whereupon, the exhibit/exhibits were published
7 to the jury.)
8 Q Now, did you receive a plaque, Mr. Swinney?
9 A Yes, I did.
10 Q Did you receive a directory?
11 A Yes, I did.
12 Q Did you receive any other billings from the company?
13 A Yes. I got a final bill for $97, and then asked if I
14 wanted to purchase a CD-ROM at the same time for $97,
15 which I agreed to at the time, yes.
16 Q I am showing you now Government's Exhibit 11-E, for
17 Edward.
18 (Handed to the witness.)
19 Q What is that document?
20 A That is the invoice, final membership payment
21 including the Who's Who Registry.
22 MS. SCOTT: I offer Government's Exhibit 11-E.
23 THE COURT: Any objection?
24 MR. TRABULUS: No.
25 THE COURT: Government's Exhibit 11-E, for Easy,
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5036
Swinney-direct/Scott

1 in evidence.
2 Does it have a date on it, Mr. Swinney?
3 THE WITNESS: 11/12 of '93.
4 Q Does it reflect your purchases for the directory and
5 CD-ROM?
6 A Yes, ma'am, it does.
7 (Government's Exhibit 11-E received in evidence.)
8 Q Did you receive an y other items from the company in
9 connection with this membership?
10 A Three copies, that I can remember, of the Tribute
11 Magazine. And then there was some other documents that
12 gave you clip art that you can actually put the logo on
13 your business card or letterhead, things like that.
14 And a sample press release as well, some
15 documents that welcome me into the Who's Who Worldwide
16 directory, some other miscellaneous writings I can't
17 remember directly what they are. I have copies of all
18 this stuff.
19 Q Did you receive any other offers from the company?
20 A Not specifically, no. Other than they asked me in
21 1994, 1995, to get another one of their registries and
22 CD-ROMs, which I declined.
23 Q Did you make any additional purchases from the
24 company?
25 A No, I did not, not to my knowledge that I remember --
HARR Y RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5037
Swinney-direct/Scott

1 yes, I'm sorry. Yes, I did. There was one. I actually
2 dash they called and asked if I wanted to do a lifetime
3 membership, it was a special offer, and it was only a few
4 dollars. And I agreed to that.
5 And that was I believe $290.
6 THE COURT: How much?
7 THE WITNESS: $290.
8 Q Do you remember how you were contacted about making
9 that purchase?
10 A Telephone call to start with.
11 Q Do you remember the name of the person who contacted
12 you?
13 A I honestly can't remember. The only person I can
14 remember that I wrote the name down was I believe Janet
15 Haley, H A L E Y. I believe it was Janet. But I will not
16 sit here and tell you that that is an absolute fact. I
17 know the last name. The first name -- I have it written
18 down.
19 Q Mr. Swinney, if you take a look at the
20 questionnaire --
21 A Yes, ma'am.
22 Q -- on the second page, page 2.
23 Does that refresh your recollection about the
24 name of the person who called you?
25 A Yes, it is Annette Haley, A N N E T T E, H A L E Y.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5038
Swinney-direct/Scott

1 Q Now, I am showing you Government's Exhibit 11-H, for
2 Howard, for identification:
3 (Handed to the witness.)
4 Q Can you tell us what that is?
5 A Yes, ma'am. An invoice membership confirmation dated
6 10/28/94.
7 MS. SCOTT: I offer Government's Exhibit 11-H for
8 Harry.
9 THE COURT: Any objection?
10 MR. TRABULUS: No.
11 THE COURT: Government's Exhibit 11-H, for How,
12 in evidence.
13 (Government's Exhibit 11-H received in evidence.)
14 Q Now, does that invoi ce reflect your purchase of the
15 upgrade membership to a lifetime?
16 A Yes, it does, ma'am.
17 Q What is the date on that document?
18 A 10/28/94.
19 Q And what does it indicate you paid for the upgrade?
20 A $297, including shipping charges.
21 Q Now, did you use the directory you received from
22 Who's Who Worldwide?
23 A I attempted to.
24 Q Did you use the CD-ROM?
25 A I attempted to many times.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5039
Swinney-direct/Scott

1 Q Over what period of time did you use these items?
2 A After a received the CD-ROM, I tried to plug it into
3 the system and tried to get it to operate properly. It
4 was extremely difficult and cumbersome to use. I am not
5 necessarily a computer dummy. I know how to use
6 computers. I built computers. I spend a lot of time with
7 th em at work. And yet, it was very difficult to get that
8 system up and running properly, be able to search with it,
9 and then when you used the search parameters that they
10 told you about, you can search in any parameters and do
11 all kinds of things, it doesn't work the way they say. It
12 became extremely frustrating, and told me nothing more
13 than the directory did. So I couldn't go out and find the
14 person who does the same type of things I did. Therefore,
15 it was almost useful to me. It sat on my shelf for a
16 while. I did try to load it again. I actually talked to
17 some young gentlemen who did computer software in college
18 to help me with it. They got it to run and load. But it
19 was still very cumbersome and difficult to use.
20 Q Were you ever contacted by other members of Who's Who
21 Worldwide?
22 A No, not whatsoever.
23 Q Did you, after buy ing this upgrade membership, did
24 you have any other contacts with the company?
25 A No, I didn't. I figured to cut my losses and forget
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5040
Swinney-direct/Scott

1 it. A bad business decision.
2 MS. SCOTT: Thank you.
3 No further questions.
4 THE COURT: You may proceed.
5 MR. TRABULUS: Thank you, your Honor.
6
7 CROSS-EXAMINATION
8 BY MR. TRABULUS:
9 Q Good afternoon, Mr. Swinney.
10 A Good afternoon.
11 Q Did you bring the materials with you from where you
12 came from, the packet of materials?
13 A I have a copy of everything that I provided to
14 Mr. Biegelman on the initial questionnaire.
15 THE COURT: Excuse me a minute.
16 Would you want to pull the mike closer so we can
17 hear you better, Mr. Swinney.
18 A Yes, sir.
19 I br ought a copy of all the things I brought to
20 Mr. Biegelman when I responded to the questionnaire in
21 1995.
22 Q Do you have it with you now?
23 A I don't have it in front of me, no.
24 Q I mean, do you have it in the briefcase with you or
25 up there in the witness box?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5041
Swinney-cross/Trabulus

1 A I gave it to my wife earlier today.
2 MR. TRABULUS: May I have it, please?
3 MR. WHITE: Your Honor, all these materials are
4 previously provided to the defense. I don't know if that
5 makes any difference to Mr. Trabulus. There is nothing
6 new.
7 THE COURT: Mr. Trabulus, everything has been
8 provided to you that Mr. Swinney had. Therefore there is
9 no need.
10 MR. TRABULUS: I will accept the representation.
11 Q Now, Mr. Swinney, you testified you got the CD-ROM at
12 the same time you made the final payment on the directory;
13 is that correct?
14 A Yes, sir.
15 Q Is the directory that you received, was it a red one
16 or a darker colored one?
17 A A red one.
18 Q And I assume you looked into it to see a listing for
19 yourself; is that correct?
20 A Yes, sir, I did.
21 Q And you found it?
22 A Yes, sir, I did.
23 Q And the listing was accurate?
24 A Yes, sir, as much as I recall of it.
25 Q And the listing contained on it basically the same
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5042
Swinney-cross/Trabulus

1 information that appears on the invoice which was shown to
2 you, and which I think is being passed among the jury; is
3 that correct?
4 A Yes, sir.
5 Q The profile among yourself?
6 A Yes, sir.
7 Q I think you were lead to be lieve in your initial
8 telephone conversation this was a one in a million type of
9 thing; is that right?
10 A Yes, sir.
11 Q And when you got the directory, I think it is correct
12 in looking through it, you can see you are not one in a
13 million; is that correct?
14 A I am not sure. It all depends. There are 50,000
15 entries in there. How many people are there in the
16 world?
17 Q In that case maybe it was one in a million. But in
18 the sense you meant one in a million, when you saw the
19 directory, did that conform to your expectation that you
20 were one in a million?
21 A Possibly not.
22 Q But that did not prevent you from upgrading
23 subsequently; is that correct?
24 A Correct.
25 Q The CD-ROM was something you received before you
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5043
Swinney-cross/T rabulus

1 upgraded; is that correct?
2 A Yes. That's correct.
3 Q And I believe you testified you were dissatisfied
4 with it; is that correct?
5 A Yes.
6 Q And the fact that you were dissatisfied with it did
7 not prevent you from upgrading and spending an additional
8 $290; is that correct?
9 A That is correct.
10 Q When you spent an additional $290, did you get a new
11 CD-ROM with that?
12 A No, I did not.
13 Q What was it that you attempted to do with the CD-ROM?
14 A Actually just get it loaded so I could read it.
15 Q And once that was -- eventually you did get it
16 loaded; is that correct?
17 A Much after the actual upgrade of the membership, yes.
18 Q Do you know if that CD-ROM was the very first release
19 of the CD-ROM you received?
20 A No, sir, I did not know.
21 Q Was it a DOS or windows version, do you know?
22 A I believe it was a DOS-based program.
23 Q And DOS-based is an older system than windows; is
24 that correct?
25 A Yes. But DOS will run under windows.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5044
Swinney-cross/Trabulus

1 Q When you upgraded was there any discussion about a
2 newer version of the CD-ROM?
3 A I don't remember any conversation with the people who
4 talked to me on the phone about it at all.
5 Q At that point in time did you ask as to whether there
6 was an improved version of the CD-ROM?
7 A I do not remember asking that question, no.
8 Q Did anyone offer to you another CD-ROM, do you
9 recall?
10 A No, I don't believe they did at all.
11 (Whereupon, at this time there was a pause in the
12 proceedings.)
13 Q Mr. Swinney, what I am doing is turning on a
14 computer; is that correct?
15 A Yes.
16 Q And the Windows 95 logo comes across it, that I
17 assume you are familiar with?
18 A Yes.
19 Q And what I just did is bypass a password for myself?
20 A Yes, I understand.
21 Q We have in icons, you are familiar with that?
22 A Yes.
23 Q And in windows, the way the screen shows when you
24 turn the screen on is a bunch of different windows with
25 labels on it?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5045
Swinney-cross/Trabulus

1 A Yes.
2 Q And one says Who's Who Executive Club?
3 A Yes.
4 Q I am taking the little ball and moving the arrow on
5 the screen?
6 A Yes.
7 Q And I am putting it on Who's Who Executive Club?
8 A Yes, sir.
9 Q And I will press the one bottom a couple of times?
10 A You have to press it twice.
11 Q I always mistake t hat.
12 There is something on the screen that says CD
13 answer; is that correct?
14 A Yes, it did.
15 Q At this point I am going to -- having moved that --
16 all right.
17 Now there is a copyright notice?
18 A Yes.
19 Q Who's Who Worldwide?
20 A Yes.
21 Q Executive Club?
22 A Yes.
23 Q That came up when I moved this, right?
24 A Yes.
25 Q And by itself there came on something else now; is
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5046
Swinney-cross/Trabulus

1 that right?
2 A Correct.
3 Q Now, what were some of the kinds of things you would
4 have liked to have done with CD-ROM?
5 A Find employee service managers in the country, or
6 that are listed.
7 Q Employee service manager?
8 A Yes, employee services.
9 Q Why not start with employee services. You thin k that
10 would be a title?
11 A Yes.
12 Q I will move the cursor next to title?
13 A Yes.
14 Q Would you like to type in, is it convenient from
15 where you are there?
16 A I can do it.
17 Q You can do it?
18 A Yes.
19 Q I don't want to strain you there.
20 (The witness complies.)
21 Q I think there is a typo there. Okay.
22 Would you press enter.
23 That comes up with one with that name on it, and
24 that's you?
25 A I was surprised.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5047
Swinney-cross/Trabulus

1 Q Are there any other groups you might want to look
2 at? Would you like to try other people in Boeing?
3 A No.
4 I have a phone book with everybody in Boeing in
5 it. I know an awful lot of those people, why would I want
6 that?
7 Q There are other titles that people in your particular
8 profession would have with that kind of work, besides --
9 A Food service, recreation, discounts, recognition.
10 Q All right, let's try food service.
11 A You want me to type it in?
12 Q It doesn't matter. Try to do it quickly.
13 A The key sticks.
14 Q That's my computer's fault, not the CD-ROM.
15 You have ten in there, right?
16 A Yes, under Windows 95, not under Windows 3.1 in '93
17 and '94. Windows '95 came out when, late 1995.
18 Q I have Windows 95. I think there is testimony that
19 this particular version of the CD-ROM came out in 1994. I
20 do not have Windows 3.1 on this computer, sir.
21 THE COURT: Keep your voice up, Mr. Trabulus.
22 MR. TRABULUS: Excuse me, I am getting horse,
23 your Honor.
24 Q You see ten names there?
25 A Yes.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

5048
Swinney-cross/Trabulus

1 Q And let me ask you this: When you bought the CD-ROM
2 were you given to understand that the CD-ROM contained the
3 information that was in the directory?
4 A Yes.
5 Q And also, were you told that it also contained zip
6 codes, which the directory does not?
7 A I don't believe I was told that.
8 Q Were you given to understand that there was any other
9 information on the CD-ROM aside from what was in the
10 directory?
11 A Not specifically that I remember.
12 Q And basically it was sold to you as a way you can
13 access the information in the directory, but in a more
14 convenient way by various parameters; is that correct,
15 sir?
16 A By what I call faster, easier, cheaper.
17 Q Okay.
18 We quickly came out with ten people in food
19 services?
20 A Yes.
21 Q These are peo ple who would have it in their title.
22 And let's pick one of them at random.
23 This person is shown as the director of food
24 services; is that correct?
25 A Yes.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5049
Swinney-cross/Trabulus

1 Q Now, would you also have been interested in
2 businesses in food services as opposed to people having it
3 in their title?
4 A No. I can get that out of the other organizations I
5 belong to.
6 Q But people who had food services in their title, it
7 is not something you would be able to get otherwise; is
8 that correct?
9 A Not necessarily, no.
10 Q And what was some of the other different types of
11 titles that you might have been interested in? I believe
12 you mentioned some other than food services.
13 A Suggestion programs, suggestions.
14 Q Suggestions?

15 A Yes.
16 Q Do you know many people with the word "suggestions"
17 in their title?
18 A There used to be many in the Boeing company, I assume
19 there are others in other companies.
20 Q I put in the word, and suggestions is not found. Are
21 there other titles you are interested in?
22 A Discount programs, recognition.
23 Q I typed in "discount" not a thing.
24 Any other titles?
25 A Recognition.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5050
Swinney-cross/Trabulus

1 Q Is that a title you have commonly encountered in your
2 work, that people who have a job title, would have the
3 word "recognition" in it?
4 A Yes.
5 Q Is that a title used particularly at Boeing?
6 A No, sir.
7 Q I will try it.
8 The term "recognition" is not coming in.
9 But food services is certainly a commonly used

10 area?
11 A Yes, it would. It is only one of 16.
12 Q What are some of your other titles?
13 A Office services, which is office supplies; policies
14 and procedures; recreation; discounts, food service;
15 budgets; policy and procedures?
16 THE COURT: Does anybody else do anything at this
17 Boeing company?
18 THE WITNESS: Yes, another 6493 of us. They are
19 the engineers.
20 Q I typed in recreation --
21 MR. NEVILLE: Can I have a quick word with
22 Mr. Trabulus?
23 THE COURT: Sure.
24 (Mr. Neville confers with Mr. Trabulus.)
25 Q We found 15 with recreation in their title.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5051
Swinney-cross/Trabulus

1 Now, of course you are not listed there, because
2 you in giving your listing did not include recreation as
3 part of your title?
4 A That's correct.
5 Q But 15 people are listed, and let's just pick one at
6 random.
7 Now, that's the director of recreation?
8 A Correct.
9 Q Now, it is fair to say, Mr. Swinney, you decided to
10 spend $290 additional so you could become a member for
11 life of the organization which sent you the directory; is
12 that correct?
13 A Yes, sir.
14 Q And a member for life of the organization which sent
15 you the CD-ROM; is that correct?
16 A Yes, sir.
17 Q And you could have, if you had wished to inquire
18 concerning an additional CD-ROM; is that correct?
19 A Yes, I suppose I could have.
20 Q When you received the Tribute Magazine, did you see
21 in the Tribute Magazine any reference to the CD-ROM?
22 A I believe that there was one. I honestly can't
23 remember, because I received only three copies. As a
24 lifetime member I thought I wou ld receive more than that.
25 Q Was your last copy received sometime before March
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5052
Swinney-cross/Trabulus

1 30th, 1995?
2 A Yes, I believe so.
3 Q Was it received within maybe three or four months
4 before that?
5 A Potentially.
6 Q If I were to tell you that you would have received
7 additional copies, and would probably still be receiving
8 them today, but for the fact that it was shut down by a
9 government raid, would that change your disappointment in
10 not having received additional copies of Tribute?
11 A Would it have changed my disappointment?
12 Q I thought from your answer, sir, you were
13 disappointed in not having received additional copies of
14 Tribute beyond the three?
15 A I don't think I said I was disappointed when I
16 received them. They weren 't much good when I received
17 them.
18 Q Did you read through them?
19 A Yes, I did.
20 Q Did you read the articles about various people there?
21 A Yes, I did.
22 Q Was the type of information about the various people
23 there information that you would have expected from a
24 magazine published by this organization?
25 A It was more like a bio of what they had done and how
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5053
Swinney-cross/Trabulus

1 they had done it. I would have expected it a little bit
2 more, and maybe some more in depth articles on things that
3 were a little more pertinent to the business world.
4 Q I will show you some copies of Tribute and I want you
5 to tell me which ones you recall having received.
6 (Handed to the witness.)
7 Q Before that, tell me what kind of article do you feel
8 wo uld be more pertinent to the business world?
9 A Something to do with the global economy and the
10 global structure we are in today and have been for several
11 years.
12 Q Did you receive this Tribute, which is Gordon-G?
13 A I don't recollect this one. But that is not to say I
14 didn't get it. I don't have this committed to memory.
15 Q I understand that.
16 Toward the end, do you see?
17 A A new world of Asia Pacific.
18 Q The new world of Asia Pacific, is that something
19 relating to the global business world that we are in
20 today?
21 A Yes.
22 Q Is that the type of thing you would have expected to
23 see there?
24 A I didn't expect -- I didn't read -- probably I didn't
25 read this one, because I don't remember seeing this
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5054
Swinney-cross/Trabulus

1 particular one. But I may have gotten it.
2 Again, this is dated Spring of 1994. And that
3 was four years ago.
4 Do you recall everything you read?
5 Q No. I wasn't asking if you if you recall everything
6 you read. I am asking you if on seeing it you recall it.
7 Sir, I am giving you Gordon-F, volume three, the
8 next one.
9 Do you see articles on Mexico and Costa Rica?
10 A Yes, I do.
11 Q Again, does that pertain to global business matters?
12 A It should. Without reading it, I can't tell you
13 whether it does or not.
14 Q And volume four, Gordon C, protocol in India, an
15 article about Thailand. Take a look at that.
16 (Handed to the witness.)
17 Is that something also having to do with the
18 global business climate?
19 A Yes.
20 Q And the last issue of Tribute, volume 5, an article
21 about the president of the Russian re public of Kalmekya.
22 Take a look at that.
23 A Again, I don't recall reading or seeing this one
24 either. I can't help you a whole lot on that. I am sure
25 they are good articles for someone.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5055
Swinney-cross/Trabulus

1 Q Is that your complaint, sir, that the particular
2 business needs that you had with your particular position
3 with Boeing relating to helicopters and the various 16
4 different responsibilities you had, your particular
5 business needs were not specifically addressed by any
6 particular article you saw?
7 A In general, they probably were. But for my specific
8 requirements or wants or needs, I didn't see where I got
9 that much out of the magazines after I received them.
10 Q So, perhaps some further editions, had they been
11 published, might have been closer to your need if they
12 turned to an area closer to what you were working with; is
13 that correct?
14 A Potentially.
15 Q After a certain point in time you stopped getting
16 Tribute; is that correct?
17 A Correct.
18 Q Do you hold that against the company?
19 A I don't know that I hold it against anybody. They
20 just quit coming and I didn't ask the question why.
21 Q Does that contribute at least in the part with the
22 satisfaction you are feeling for Sterling -- excuse me,
23 with Who's Who Worldwide?
24 A I don't think I ever said I was totally dissatisfied
25 with the process.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5056
Swinney-cross/Trabulus

1 What I said was I made a bad business decision
2 more than once. The plaques are reminders of that. And
3 now that I don't receive anything from them, it is a

4 business loss as far as I am concerned. It is gone, done
5 and over with, and I am looking at other things.
6 Q Understood, sir.
7 If you continued to receive something from them
8 and continued to be a member, do you think it might have
9 changed your view as to whether this was a business loss?
10 A It is all speculation, because I received nothing
11 from them.
12 Q Is part of the reason you think it is a business loss
13 because you stopped receiving anything from them?
14 A No. It just didn't meet up to my expectations on
15 either the CD-ROM or the register I received. And even
16 the second register, there was nothing there above and
17 beyond.
18 Q Even after receiving the first registry, you did go
19 ahead and purchase the CD-ROM, knowing it basically
20 contained the same information, but just readily
21 accessible and purchased the secon d registry?
22 A It was either obtaining the data from it than reading
23 1,500 pages, yes.
24 MR. TRABULUS: No further questions.
25
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5057
Swinney-cross/Schoer

1 CROSS-EXAMINATION
2 BY MR. SCHOER:
3 Q Sir, do you still have the Tribute Magazines up
4 there?
5 I want to ask you about some of these articles
6 that do not relate to international business.
7 There is an article on negotiating a commercial
8 lease. Is that something you get involved in with your
9 job?
10 A Yes, it is.
11 Q Commercial space, an odyssey, something you get
12 involved in?
13 A Used to.
14 Q Curbing costs in real estate something you might get
15 involved in?
16 A No, not at all.
17 Q Okay.
18 Venture capital, capital ventures?
19 A No, not at all.
20 Q Recycling?
21 A No.
22 Q Corporate entertainment?
23 A No.
24 Q How about how does your company score on quality
25 relating to customer satisfaction, employee satisfaction,
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5058
Swinney-cross/Schoer

1 things like that? Isn't that what you are really involved
2 in?
3 A No, sir. That's an entirely different department
4 that handles all the surveys and quality control within
5 the company, the quality of life within the company, as
6 run out of human resources; education and training
7 department.
8 Q And you don't have anything to do with employee
9 satisfaction, although you are the employee services
10 manager?
11 A Only when it goes wrong.
12 Q Okay.
13 So, these kind of articles you didn't think was
14 worth anything?

15 A I don't know. I never read them. If I haven't seen
16 them, I can't respond.
17 Q Okay.
18 MR. SCHOER: No further questions.
19 THE COURT: Anybody else?
20 MR. GEDULDIG: Just one or two, Judge.
21
22
23
24
25
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5059
Swinney-cross/Geduldig

1 CROSS-EXAMINATION
2 BY MR. GEDULDIG:
3 Q Mr. Swinney, just so I am clear, you received a call
4 in approximately March or maybe February of 1993, and
5 that's the first call you got from Who's Who Worldwide; is
6 that right?
7 A Yes, sir.
8 Q And during the course of that call a person asked you
9 some personal questions about your favorite hobbies and
10 magazines and things of that sort; is that right?
11 A Yes, sir.
12 Q And some of your job responsibilities?
13 A Yes, s ir.
14 Q And following that call you purchased a five-year
15 membership in Who's Who Worldwide; is that correct?
16 A Yes, sir.
17 Q And about six or seven months later you got a second
18 bill from Who's Who Worldwide -- withdrawn.
19 You may have gotten another call saying you owed
20 $97 for the directory itself, and you were advised if you
21 wanted to, you would order a -- you could order a CD-ROM?
22 A Yes, sir.
23 Q You did order the CD-ROM?
24 A Yes.
25 Q You paid a sum of money in March, and then you paid a
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5060
Swinney-cross/Geduldig

1 second sum of money in roughly November?
2 A Yes, sir.
3 Q And shortly after that second payment, in fact, you
4 did receive the directory; is that correct?
5 A Yes, sir.
6 Q And you also did receive the CD-ROM?

7 A Yes, sir.
8 Q And this takes us to maybe January of '94 when you
9 got all this stuff?
10 A Roughly, yes, sir.
11 Q Or thereabouts.
12 Now, in October of 1994, ten months later, you
13 get another call from Who's Who Worldwide; is that right?
14 A Yes, sir.
15 Q And this second person, who may have been Annette
16 Haley, asks you, if you want to upgrade and buy a life
17 membership in the organization; is that correct?
18 A Yes, sir.
19 Q You have been in possession of the CD-ROM, you had
20 been in possession of at least one directory for almost
21 ten months at that point; is that right?
22 A Yes, sir.
23 Q And you told Annette you wanted an upgrade, and you
24 wanted to buy a life membership?
25 A I agreed to that, yes.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5061
Swinney-cross/Geduldig


1 Q And you paid for it?
2 A Yes, sir.
3 Q And nobody tricked you into that second purchase,
4 right?
5 A Probably not.
6 MR. GEDULDIG: No other questions.
7
8 CROSS-EXAMINATION
9 BY MR. DUNN:
10 Q Good afternoon, sir.
11 A Yes, sir.
12 Q My name is Thomas Dunn.
13 A Good afternoon.
14 Q Sir, before you heard from the government, when they
15 wrote you a letter sometime maybe in June of '95, you had
16 never -- you had never complained to anyone in writing
17 about this company, correct?
18 A Correct.
19 Q You had never complained to the company itself; is
20 that correct?
21 A Correct.
22 Q In fact, as was asked you, you got a CD-ROM; is that
23 right?
24 A Yes.
25 Q And you told the jury today that you were
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5 062
Swinney-cross/Dunn

1 dissatisfied with the CD-ROM; is that correct?
2 A To a large extent, yes.
3 Q And even after that you upgraded your membership; is
4 that correct? Yes or no?
5 A I can't answer it yes or no. I did upgrade, yes.
6 But it wasn't because I was either satisfied or
7 dissatisfied with the CD-ROM.
8 Q Well, you had received the CD-ROM well before you
9 upgraded for a lifetime membership?
10 A Yes, if you understand --
11 Q Just answer the question. It calls for a yes or no,
12 sir.
13 Did you upgrade after you received the CD-ROM,
14 yes or no?
15 A Yes, I did.
16 Q Isn't it a fact, sir, that you first became
17 dissatisfied with this company when the government
18 notified you that they were doing some kind of
19 investigation; isn't that true?
20 A No, sir.
21 Q Isn't it a fact, sir, that when the government
22 informed you that they were investigating, you sat back
23 and said, gee, I spent all this money, I spent all the
24 money on the original membership, I spent money on the
25 CD-ROM; spent money on the upgrade, and you said to
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5063
Swinney-cross/Dunn

1 yourself, if the government says it's fishy, it is fishy;
2 is that correct?
3 A No, sir.
4 Q You said, sir, the first directory you looked at, and
5 it was basically the equivalent of a telephone directory;
6 is that right?
7 A Lots of names and lots of stuff in it, yes.
8 Q Just like the telephone directory in your view; is
9 that correct?
10 A I don't know if I referred to it as the telephone
11 directory. It had a lot of information with people's
12 names.
13 Q Did you attempt to network with those names?
14 A I searched some out. But based on the way you have
15 to research that particular document, it is extremely
16 difficult to find people like myself to find out who I
17 really wanted to talk to. I was hoping the CD-ROM would
18 do that for me.
19 Q Did you know that you could have got additional
20 CD-ROMs after the first one you got?
21 A Nothing was said about any CD-ROMs additional. And
22 nor was any documentation sent to me about additional
23 CD-ROMs.
24 Q Sir, you don't recall looking at the Tribute, yes or
25 no?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5064
Swinney-cross/Dunn

1 A If you remember, I got three copies. Yes, I did see
2 them. I remember something about a CD in there, but it
3 didn't talk about an upgrade.
4 Q I will ask you some questions calling for a yes or no
5 answer?

6 THE COURT: Just one minute.
7 Please try to be responsive. If you don't
8 remember or don't know, say so. Just otherwise answer yes
9 or no. If you can't answer the question yes or no, just
10 say I can't answer the question yes or no. Please don't
11 make explanations.
12 THE WITNESS: Yes, sir.
13 THE COURT: It shifts the burden back to the
14 questioner to decide what he is going to do.
15 THE WITNESS: Yes, sir.
16 Q Sir, did you know that the former CEO and chairman of
17 Hughes Aircraft was a member of Who's Who Worldwide?
18 A No.
19 Q Did you know that the present chairman and CEO of
20 Hughes Aircraft was a member of Who's Who Worldwide?
21 A No.
22 Q Sir, when you were first notified by mail that you
23 had an opportunity to join Who's Who Worldwide, you were
24 impressed with that fact, correct?
25 A I can't answer that with a yes or no.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5065
Swinney-cross/Dunn

1 Q Do you recall when you were offered to upgrade to a
2 lifetime membership that you were given an opportunity for
3 a new wall plaque or a free version for the newer CD-ROM;
4 do you recall that?
5 A The wall plaque, yes. The CD-ROM, no.
6 Q You had the CD-ROM then for about ten months; is that
7 correct?
8 A Approximately. I would assume so, yes.
9 Q And you were dissatisfied with the CD-ROM at that
10 point; is that correct?
11 A I was dissatisfied with the way it loaded.
12 Q Did you speak to the person that you were talking
13 with concerning the upgrade and say I am dissatisfied with
14 the CD-ROM, can I have either an upgrade or one or a
15 reimbursement?
16 A No, I did not ask that question.
17 Q Sir, isn't it a fact that w hen you were notified that
18 you could be in the Who's Who Worldwide, that you wanted
19 to join that organization; isn't that true?
20 A I can't answer that yes or no.
21 Q But you joined, correct?
22 A I did join, yes.
23 Q And you upgraded, correct?
24 A Yes.
25 MR. DUNN: No further questions.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5066
Swinney-cross/Dunn

1 THE COURT: Anything else? Any redirect
2 examination?
3 MS. SCOTT: Briefly, your Honor.
4
5 REDIRECT EXAMINATION
6 BY MS. SCOTT:
7 Q Mr. Swinney, you were asked a number of questions
8 about your decision to upgrade your membership. Do you
9 recall those questions?
10 A Vaguely, yes, ma'am.
11 Q Can you tell us why you decided to upgrade your
12 membership?
13 A Well, the initial fee I believe was $300, $397,

14 whatever it was.
15 Whatever the initial one was, it was 300 or I
16 believe $397.
17 The upgrade was only 290, and it was for
18 lifetime. The first one was five years. I said, at least
19 I might be able to get some additional upgrades or
20 additional information out of this program.
21 Again, when I made this decision I made it on a
22 business decision, what the dollar amount was, what I was
23 capable of paying for, and what I might receive out of
24 it. And figuring five years ago, I was 47 years old, and
25 I could keep it for another 45 years. So you figure that
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5067
Swinney-redirect/Scott

1 it is a pretty good investment. Since then I don't think
2 it was a good investment. It was a business decision at
3 that time in my life. Today I would have made a different
4 decisio n.
5 Q Now, do you remember testifying that one of the most
6 important reasons why you --
7 MR. GEDULDIG: Objection to the form of the
8 question.
9 THE COURT: Please don't interrupt the question.
10 Go ahead.
11 Q Do you remember testifying that one of the most
12 important reasons why you purchased the membership is
13 because you were nominated?
14 MR. SCHOER: Objection.
15 MR. GEDULDIG: Objection.
16 THE COURT: Sustained as to form.
17 Q Mr. Swinney, when you purchased this upgrade, did you
18 still believe you were nominated?
19 A Yes, ma'am.
20 MS. SCOTT: No further questions.
21 THE COURT: Anything else?
22 You may step down, Mr. Swinney.
23 THE WITNESS: Thank you.
24 THE COURT: Please get Mr. Watstein back in.
25 MR. WHITE: He is right next door, I believe.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL CO URT REPORTER
5068
Swinney-redirect/Scott

1 (Whereupon, at this time the witness left the
2 witness stand.)
3 THE COURT: You are still under oath,
4 Mr. Watstein.
5 THE WITNESS: Yes, sir.
6
7 S T E V E N W A T S T E I N,
8 called as a witness, having been previously
9 duly sworn, was examined and testified as
10 follows:
11
12 THE COURT: You may proceed.
13
14 CROSS-EXAMINATION (cont'd)
15 BY MR. GEDULDIG:
16 Q Mr. Watstein, when we were breaking for lunch, we
17 were at a point where we were discussing the 1.6 million
18 dollars approximately in assets and property that you had
19 recorded under your wife's name as West. Do you remember
20 that?
21 A Yes.
22 Q And now, you also -- if I recall correctly -- well,
23 let me ask the question.
24 Did you tell your wife that you wer e recording
25 properties and assets under her name in order to avoid tax
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5069
Watstein-cross/Geduldig

1 liabilities?
2 A No, sir.
3 Q But she pled guilty to that?
4 A It is not what she pled guilty to, sir.
5 Q Okay.
6 You have at least one son; is that right?
7 A I have two sons, sir.
8 Q Okay.
9 Well, one son had a bank account, or his name
10 appeared on a bank account, which was forfeited; is that
11 right?
12 A Yes.
13 Q And that was done as a result of your criminal
14 actions; is that right?
15 A That is correct.
16 Q And at the time, going back to 1990, how old was that
17 son?
18 A Ten.
19 Q How much money was in that account that was
20 forfeited?
21 A I think it was $106,000.
22 Q He didn't earn that mone y, did he?
23 A He got it from an inheritance, sir.
24 Q You are saying all of that $106,000 was inherited?
25 A Yes.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5070
Watstein-cross/Geduldig

1 Q And how did the account read?
2 A I am not sure, sir.
3 Q Did your name appear anywhere on that account?
4 A No, sir.
5 Q Did you have the ability to take any money out of
6 that account?
7 A No, sir.
8 Q And did you put the money in that account?
9 A I caused it to be put in the account.
10 Q Umm.
11 When you forfeited items, these four pieces of
12 property under your wife's name as West, were those
13 properties forfeited to the government?
14 A One was, sir.
15 Q So, you are still holding properties?
16 A No, three was told as previously testified.
17 Q Which property was forfeited by the go vernment?
18 A Mill Neck.
19 Q It was forfeited by the government, or you forfeited
20 it to the government because you had purchased that
21 property with money you stole from money -- with money
22 from your customers, is that right?
23 A I can't answer that yes or no, sir.
24 Q Certainly you put money into that property, Mill Neck
25 property; is that right?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5071
Watstein-cross/Geduldig

1 A I caused it to be, yes.
2 Q At the time you were putting money into that
3 property, buying the land, putting up the house, how were
4 you earning a living at that time?
5 A In the consulting business, sir.
6 Q When did you -- how did you buy the property?
7 A I didn't buy the property, sir.
8 Q You caused the property to be bought?
9 A Yes.
10 Q Are you playing word game s with me, Mr. Watstein?
11 A No, sir. I am trying to be accurate.
12 Q You caused it to be purchased with your money, didn't
13 you?
14 A Money which I had control of, yes, sir.
15 Q Right.
16 So, although you may have designated someone else
17 to have their name on that property, you controlled it,
18 didn't you?
19 A Absolutely.
20 Q You put their name on it, didn't you?
21 A I can't answer it with a yes or no, sir.
22 Q Didn't you cause a name to be put on it?
23 A Yes.
24 Q And it was your property?
25 A I previously said that, sir.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5072
Watstein-cross/Geduldig

1 Q To avoid confusion, why don't we call the Mill Neck
2 property yours, so we don't get into a game of semantics,
3 all right?
4 A If you like.
5 Q Now, when did that house go u p on Mill Neck?
6 A By go up, what do you mean?
7 Q When did you start putting up boards and pouring a
8 foundation and leveling and that stuff?
9 A I think 1986.
10 Q You started to build the house in 1986?
11 A I believe so.
12 Q And there was a fire there?
13 A Not in that year, sir.
14 Q When was the fire?
15 A I believe it was 1992, in January, but I am not quite
16 sure.
17 Q Was the house finished?
18 A Substantially.
19 Q You mean in four years time that house wasn't built?
20 A Yes, sir.
21 MR. TRABULUS: Six years.
22 MR. GEDULDIG: Six years?
23 MR. JENKS: 86 to '92.
24 Q From 1986 to 1992 you were building that house in
25 Mill Neck?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5073
Watstein-cross/Geduldig

1 A Yes, sir. It might have been '87, sir.
2 Q That's a long time to build a house, isn't it?
3 A It certainly is.
4 Q Did you ever sue the contractor?
5 A No, sir.
6 Q Same contractor for the whole six years?
7 A No, sir.
8 Q Different contractors?
9 A Yes, sir.
10 Q You fired one or more?
11 A Yes, sir.
12 Q All right.
13 Beginning in 1989, that house was still being
14 built; is that right?
15 A Yes.
16 Q And 1990, still being built?
17 A Yes, sir.
18 Q 1991, still being built?
19 A Yes, sir.
20 Q How were you earning a living in those years, '89,
21 '90, '91?
22 A I was being paid by Consolidated Consumer Industries,
23 sir.
24 Q That's Who's Who?
25 A No, sir.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5074
Watstein-cross/Geduldig

1 Q You were working for Who's Who in those days?
2 A I wa s involved, yes.
3 Q You were it, weren't you?
4 A I wasn't the only person, but I was fully
5 responsible.
6 Q You were the guy who called all the shots, weren't
7 you?
8 A Yes, sir.
9 Q You were in effect the chief operating officer, the
10 CEO; is that right?
11 A Absolutely.
12 Q Let's call it your company?
13 A If you like.
14 Q You were the guy making all the decisions, weren't
15 you?
16 A Yes, sir.
17 Q And you made an income from that company in '89, in
18 '90, in '91?
19 A Yes, sir.
20 Q How much would you say you earned in the three years
21 from the company?
22 A Referring to Who's Who?
23 Q That's what I am talking about.
24 A Would you like a breakdown by year?
25 Q Year-by-year. How much did you make in '89?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
50 75
Watstein-cross/Geduldig

1 A I can't give it to you by year --
2 Q You just said to me do you want a breakdown by year?
3 A Excuse me, sir --
4 Q Let me re-ask the question --
5 THE COURT: Mr. Geduldig, slow down, will you?
6 Q Did you just tell me not a minute ago, ask me if I
7 wanted a breakdown year-by-year?
8 A I don't know if you wanted an aggregate number or
9 individual number. That's what I meant, sir.
10 Q I thought you said breakdown year-by-year, you can't
11 do it?
12 A I can approximate it.
13 Q Do that. How much approximately did you make out of
14 your Who's Who in 1989?
15 A $35,000.
16 Q In reportable income?
17 A Yes, sir.
18 Q How much did your company gross? How much did your
19 Who's Who company gross in the years that you ran it?
20 A 14 million dollars, sir.
21 Q 14 million dollars and you only made 35,000 in 1989?
22 A I previously said I had two incomes, sir.
23 Q I am talking Who's Who.
24 A That's correct, sir.
25 Q Who's Who, your Who's Who, business executives, made
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5076
Watstein-cross/Geduldig

1 14 million dollars, right?
2 A No, generated 14 million dollars in sales over the
3 three years.
4 Q 14 million dollars in sales, over how many years?
5 A Three and a half to four years.
6 Q Three and a half to four years, and you are telling
7 me in 1989, one of the years you were CEO of Who's Who of
8 American Executives, when that company was making at least
9 seven million dollars in sales, your income was only
10 $35,000?
11 A That's responsive to your question, sir.
12 Q Are you playing a game with me now?
13 A No, sir.
14 Q Was there income hidden that you are not telling us
15 about?
16 A No, sir.
17 Q How much do you think your company owned in 1989,
18 Who's Who, only talking about Who's Who here. I don't
19 care about your other incomes, Who's Who?
20 A You heard of pre-tax profits, sir? It sounds like a
21 reasonable definition of what earnings is?
22 Q Gross. I want gross. I don't want anything taken
23 out of it. I want to know the top dollar, way up here.
24 How much was your company -- what was my question?
25 MR. GEDULDIG: I am not an accountant, Judge, I
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5077
Watstein-cross/Geduldig

1 apologize. Depreciation and stuff.
2 Q How much did your company Who's Who in business
3 executives, whatever it is called, gross in 1989,
4 approximately?
5 A I would say about two million dollars.
6 Q Two millio n, and that's the year you made 35,000,
7 right?
8 A From that company, sir, yes, sir.
9 Q Okay.
10 When did you start that company?
11 A Which company are you referring to, sir?
12 Q Who's Who, Who's Who? Have I mentioned any other
13 company to you?
14 A I have.
15 Q I said to you earlier on, we are only talking Who's
16 Who here.
17 A That would be fine.
18 Q Everything we have been doing in this courtroom for
19 the last six years is Who's Who.
20 If I hear Who's Who one more time.
21 We are talking Who's Who, your Who's Who.
22 A Yes, sir.
23 Q Who's Who in Business Executives in America, your
24 company. Don't confuse it with anything else, all right?
25 A Okay.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5078
Watstein-cross/Geduldig

1 Q Don't confuse it with income you gave to yo ur wife
2 that you had the beneficial use of. Don't consider it as
3 part of any kind of a question having to do with all this
4 money your ten year old son inherited. Who's Who of
5 Businesses Executives in America, your company, that's
6 it. That's what I am asking you about, all right? We are
7 clear now?
8 A If you rephrase your question, sir, you will be very
9 clear.
10 Q I am not rephrasing it. You will have to struggle
11 on.
12 In 1989 -- withdrawn.
13 When did you start to operate your Who's Who
14 company?
15 A 1988.
16 Q And how many people were working there in 1988?
17 A At what time, sir?
18 Q The whole year on average, how many people worked
19 there?
20 A 15.
21 Q I think you said when you started up there were four,
22 right?
23 A Five.
24 Q Five.
25 Approximately how many people on average worked
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5079
Watstein-cross/Geduldig

1 there in 1989?
2 A Probably 30.
3 Q Now, in 1990, how much money did the company --
4 withdrawn.
5 How much money did that company gross in 1988
6 when you started it up?
7 A I previously answered your question, two million
8 dollars.
9 Q In 1988?
10 A Yes, sir.
11 Q What was your gross in 1989, your gross sales?
12 A I have to approximate --
13 Q Give us an approximation.
14 A Four million dollars.
15 Q I think you said in '89 you made 35,000?
16 A My personal income from that company, yes, sir.
17 Q Was 35,000, and the company grossed four million
18 dollars; is that right?
19 A Which year are you referring to now?
20 Q '89.
21 A Yes, sir.
22 Q And in 1990 what did it gross -- so far we have two
23 million in '88, the start up year; four million in '89.
24 How much did you make in income from the company Who's Who
25 in 1988?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5080
Watstein-cross/Geduldig

1 A I believe 35,000 approximately.
2 Q Let's go to 1990.
3 A Good.
4 Q I am glad you're happy.
5 In 1990 how much did your company gross?
6 A I guess about six million.
7 Q Six million. Let me guess, you made 35,000?
8 A Inaccurate, yes, sir.
9 Q I am glad to hear it. How much did you make?
10 A Approximately $200,000.
11 Q All right.
12 We are up to $200,000 on gross income of six
13 million dollars; is that right?
14 A Yes.
15 Q We have two million the first year, four million the
16 second, and six million in the third; is that right?
17 A Yes, sir.
18 Q That's 12 million, right?
19 A Yes, sir.
20 Q The next year what was it?
21 A I am guessing approximately two million dollars.
22 Q What was your personal income from the company that
23 year?
24 A Approximately $150,000, estimating here.
25 Q All of this time you're pouring money into that house
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5081
Watstein-cross/Geduldig

1 in Mill Neck, right?
2 A You want to phrase that for me again, sir?
3 Q You are building this ongoing palace in Mill Neck for
4 six years, I think you said, right?
5 A Yes, sir.
6 Q In 1988, 1989, 1990, 1991, the house was still
7 inexorably being built, right? Boards going up,
8 foundations being laid, petunias being planted and things
9 going on, right?
10 A There were no petunias.
11 Q But certainly you were putting money into tha t house;
12 is that right?
13 A Yes, sir.
14 Q This is not a left town bungalow house?
15 A No, sir.
16 Q 2800 feet?
17 A No, sir.
18 Q 28,000 feet? That's an office building, right?
19 A Yes.
20 Q That's big, 28,000 feet; is that right?
21 A Yes, sir.
22 Q And this house was costing a pretty penny; is that
23 right?
24 A That's correct.
25 Q And your company was paying you for two of those
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5082
Watstein-cross/Geduldig

1 years that you were building the house, only 35,000 a
2 year; is that right?
3 A Yes, sir.
4 Q And the house, I think you said it cost about 600,000
5 just to buy the plot, and another 600,000 to put the
6 borders up; is that right?
7 A Yes, sir.
8 Q That house is going to cost roughly 1.2 million
9 dollars; is that right?
10 A It seems like an accurate number, sir.
11 Q You weren't earning anything near that, sir?
12 A From Who's Who, sir?
13 Q Right.
14 A From that entity, no, sir.
15 Q And money is going into this house, right?
16 A What do you mean by going into this house?
17 Q You are paying workers, engineers, all kinds of
18 people?
19 A That is correct.
20 Q All right.
21 And your business at Who's Who is doing poorly,
22 right?
23 A What year are you referring to, sir?
24 Q You said there came a point that the business went
25 downhill, started to have problems, economic problems,
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5083
Watstein-cross/Geduldig

1 right?
2 A Yes, sir.
3 Q When was that?
4 A I believe it is accurate to say it was late '89,
5 early '90.

6 Q You didn't cut back on your lifestyle in any
7 respects, did you?
8 A Yes, sir.
9 Q You did? You didn't travel out to the house in
10 Carlsbad as often?
11 A That's correct, sir.
12 Q You didn't go down to Florida as often?
13 A Yes, sir, that's correct.
14 Q And then you had a fire at that house?
15 A That's correct.
16 Q How long have you been living in New York in the
17 metropolitan area?
18 A Would you rephrase the question, please, sir.
19 Q How long have you been living in the New York
20 metropolitan area?
21 A I am not currently living in the New York area, sir.
22 Q You were certainly living in the New York
23 metropolitan area in 1991, 1992, right?
24 A In '91, yes, sir.
25 Q And at that point in time, how long had you been
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5084
Watstein -cross/Geduldig

1 living in the New York metropolitan area?
2 A Off and on since I was born.
3 Q Would you say it was steadily in the New York City
4 area?
5 A No, sir.
6 Q Where else did you live?
7 A I lived briefly in California, Detroit, Philadelphia.
8 Q How long did you live in Detroit?
9 A A year, a year and a half.
10 Q How long did you live in California?
11 A A year, year and a half.
12 Q Where else did you say you lived?
13 A Philadelphia.
14 Q How long did you live there?
15 A Four years.
16 Q What did you do when you were living in Detroit?
17 A I was the chairman of the board of Federal's
18 F E D E R A L apostrophe S, Department Stores.
19 Q This house you were building in Mill Neck, there was
20 a fire?
21 A That's correct.
22 Q Did you file an insurance claim for it?
23 A I am not sur e if it was officially filed or not.
24 Q How could you not be sure?
25 A I don't recall.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5085
Watstein-cross/Geduldig

1 Q It was a house that you had the beneficial use of?
2 A Since we forfeited the proceeds --
3 Q My question was --
4 A My response is I don't recall, sir.
5 Q You are not answering my question.
6 My question was: Did you have the beneficial use
7 of that house?
8 A The house was never lived in, sir.
9 Q That was a house that was in effect yours; is that
10 right?
11 A Yes, sir.
12 Q It was in your wife's name?
13 A Yes, sir.
14 Q How much damage was done by the fire?
15 A It was totalled.
16 Q You can't recall if a claim was filed on a house
17 worth 1.2 million dollars and totally destroyed?
18 A If you let me respond not i n a yes or no, I can
19 respond to the question.
20 Q You can't answer the question?
21 A If you let me respond --
22 Q I will put it another way.
23 A Yes, sir.
24 Q Did you or your wife have an insurance claim filed
25 for the fire at the Mill Neck house?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5086
Watstein-cross/Geduldig

1 A I cannot answer that with a yes or no.
2 Q Did you ever get any insurance money?
3 A No, sir.
4 Q You mean, you invested about 1.2 million dollars in a
5 house that was burned to the ground and never got a dime
6 in insurance company?
7 A Exactly accurate, sir.
8 Q Did you have an insurance policy?
9 A Yes, sir.
10 Q You had a policy and you never collected on it?
11 A That's correct.
12 Q I see.
13 When you were in Detroit how old were you?
14 A 19 78, so it would be 37.
15 Q And you had a piece of property there that burned
16 down; is that correct?
17 A One of 18 stores.
18 Q What kind of store was that?
19 A Department stores.
20 Q That's the department store you were the chief
21 executive officer of?
22 A Yes, sir.
23 Q And how long did you own that department store?
24 A It was a public company. I didn't own it.
25 Q How long did you run it?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5087
Watstein-cross/Geduldig

1 A Approximately a year.
2 Q You were there a year and a half in Detroit?
3 A Yes, sir.
4 Q And when you went to Detroit, did you go there
5 because of that job?
6 A Partially, yes.
7 Q And that building burned down where the department
8 store was; is that right?
9 A It is not an accurate statement. I can't answer yes
10 or no, sir.
11 Q There was a fire in that department store, was there?
12 A I can't answer yes or no.
13 Q You can't tell me if there was a fire in the
14 department store?
15 A A fire in one of 18 stores.
16 Q Including the one you managed; is that right?
17 A That's not relevant, sir.
18 Q Let me decide. I will ask the question.
19 A Certainly.
20 Q And you didn't hang around Detroit after the fire,
21 did you?
22 A Yes, sir.
23 Q You did? Months?
24 A Five or six months, yes, sir.
25 Q Long enough to see if an insurance claim was made,
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5088
Watstein-cross/Geduldig

1 perhaps?
2 A An insurance claim was made.
3 Q Did you collect any money?
4 A No, sir.
5 Q The company did?
6 A No, sir.
7 Q Well, the company you were running in Detroit never
8 filed a claim on a fire insurance?
9 A That was not your question, sir.
10 Q Did the company receive any insurance money for the
11 fire?
12 A No, sir.
13 Q It did not.
14 Now, when you say as you did on somebody's
15 examination, perhaps yesterday, that you did not begin
16 committing crimes until approximately 1984 or so, you are
17 being much too modest, not you, Mr. Watstein? You began
18 committing crimes years ago?
19 A No, sir.
20 Q You are a hustler, right?
21 A No, sir.
22 Q You are not a hustler?
23 A If you are defining in a pejorative sense.
24 Q It is pejorative.
25 A Thank you for correcting me.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5089
Watstein-cross/Geduldig

1 Q You don't consider yourself to be a hustler?
2 A No, sir.
3 Q You don't believe you have taken people's money and
4 giem nothing?
5 A I have in the past.
6 Q A lot of talk?
7 A You phrased your question in the present tense?
8 Q We can have it read back, but I will put it in the
9 past. In the past you took money from people and gave
10 them nothing but sweet sounding talk?
11 A That's accurate, sir.
12 Q Is it fair to say at that point in time, 1988, 1989,
13 1990, 1991 you were a totally immoral person?
14 A An accurate statement, sir.
15 Q And you did all that stuff in the mail industry,
16 right?
17 A That's correct.
18 Q Now you are on probation?
19 A That's correct.
20 Q What do you do for a living?
21 A Advise people on marketing.
22 Q Mailing?
23 A One aspect of it as I previously testified.
24 Q Would I be correct, and is it fair to say that
25 allowing you while on probation to work in the mail
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5090
Watstein-cross/Geduldig

1 industry is similar to allowing an alcoholic to work as a
2 bartender?
3 MR. WHITE: Objection.
4 THE COURT: Sustained.
5 Q Let me rephrase the question.
6 Wouldn't it be safer for you if you went into a
7 different line of work?
8 A No, sir.
9 Q Now, there came a point in time as testified to many
10 times by you already, and I will not go through it again,
11 where you became a cooperating witness; is that right?
12 A Yes, sir.
13 Q And I think you said during an examination, that on
14 average 30 or more people work for your Who's Who; is that
15 right?
16 A You asked about various time periods, sir.
17 Q I thought I said on average.
18 Over the course of the life of that company, any

19 question I asked about a company, I am referring to Who's
20 Who, so you will be clear; all right?
21 A Yes.
22 Q During the life of the company, your Who's Who, the
23 average number of employees was about 30 or more; is that
24 right?
25 A A fair yes, yes, sir.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5091
Watstein-cross/Geduldig

1 Q And when you became an informant, you caused for your
2 information and your cooperation the arrest of about 25 of
3 your employees; is that right?
4 A Not accurate, sir.
5 Q How many?
6 A I can't answer the question with a yes or no.
7 Q You can't tell me how many people were arrested as a
8 result of your information?
9 A Your whole assumption is invalid, that's why I can't
10 answer.
11 Q We don't want to have that.
12 Just tell me how many of your employees were
13 arrested?
14 A Approximately 25.
15 Q Okay.
16 Did any of them go to jail?
17 A No, sir.
18 Q Not one?
19 A No, sir.
20 Q So, the effect, the net effect of this whole scheme
21 when you were immoral is that nobody suffered any real
22 pain?
23 A That's not an accurate statement, sir.
24 Q Okay.
25 Do you know Donald Fletcher?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5092
Watstein-cross/Geduldig

1 A Yes, sir.
2 Q An employee of yours?
3 A Yes, former.
4 Q Worked at your Who's Who?
5 A Yes.
6 Q He is the sales manager?
7 A Yes.
8 Q He is the fellow who wrote to Judge Mishler that you
9 were the biggest liar on the face of the earth?
10 A Yes, sir.
11 Q Why did he say that?
12 MR. WHITE: Objection.
13 THE COURT: Sustained.

14 Q Don't you know why he said that?
15 A Not the foggivest idea.
16 Q Not the foggivest, no clue?
17 A You want me to guess.
18 Q How many years did he work for you?
19 A About a year before he was fired.
20 Q Was he honest? What was his problem? Why was he
21 fired?
22 A Being dishonest.
23 Q Dishonest, you couldn't have that in your company,
24 could you.
25 Did Judge Mishler read Fletcher's letter to you
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5093
Watstein-cross/Geduldig

1 prior to being sentenced?
2 A Yes.
3 Q What reason did he give in his letter for being the
4 biggest liar on the face of the earth?
5 A I don't have a recollection of his letter.
6 Q How many times were you sentenced in your life?
7 A Just once, sir.
8 Q It is a memorable moment, isn't it?
9 A Not reall y.
10 Q It is not?
11 A I am not one who wants to remember that moment, I
12 don't think so.
13 Q Was Fletcher one of the people who complained that
14 you told him he had health insurance, and when he went to
15 the hospital he found he had none?
16 A No.
17 Q That was not Fletcher, that was someone else?
18 A To the best of my recollection, yes, sir.
19 Q But there were employees of yours who said that you
20 told them they had health insurance, and when they went to
21 the hospital found they had none; is that right?
22 A A singular employee made that allegation, sir.
23 Q Let me ask you questions about this tax liability.
24 You have a tax liability for $650,000; is that
25 right?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5094
Watstein-cross/Geduldig

1 A Yes, sir.
2 Q I think you said in the mail i ndustry you are in
3 right now, you are earning approximately $100,000 a year?
4 A That's correct.
5 Q And I think you said you are paying about a thousand
6 dollars a months towards your tax liability?
7 A $12,000 a moment.
8 Q 12 percent of your income is going to the tax
9 liability?
10 A Consistent with the IRS --
11 Q You know Mr. Jordan here, don't you? I was going to
12 ask you about that.
13 A Intimately.
14 Q Do you know a fellow named Andrew Rosenblatt?
15 A That name doesn't ring a bell.
16 Q He is a short man, slight, he is about 45, wears
17 glasses, he is an IRS agent, he investigates cases just
18 like yours. He doesn't dress anywhere near the panache
19 that you have. I am sure your suit probably cost as much
20 as his entire wardrobe?
21 A An invalid assumption.
22 MR. WHITE: Objection.
23 THE COURT: Sustai ned.
24 Q I am trying to describe the man, so perhaps my
25 description of him will bring --
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5095
Watstein-cross/Geduldig

1 THE COURT: Mr. Geduldig, when there is an
2 objection, please do not continue as if you didn't hear
3 it.
4 MR. GEDULDIG: I am sorry, Judge.
5 THE COURT: I again say there have not been many,
6 only few of them, but when there is one, please don't
7 continue and breeze on by.
8 MR. GEDULDIG: I apologize.
9 Q Having described Mr. Rosenblatt to you, do you recall
10 seeing a man like that from the IRS?
11 A It doesn't refresh my memory, sir.
12 Q Now, did you ever have an occasion to talk to IRS
13 agents about this liability?
14 A Yes, sir.
15 Q Did any IRS agent, Mr. Jordan, somebody like
16 Mr. Rosenblatt, ever tell you that the IRS has a sliding
17 scale and the scale is a percentage of your income, and as
18 you make more, they take a bigger percentage of your
19 income and apply it to your tax liability?
20 A That's not accurate, sir.
21 Q I am asking if you ever had that kind of conversation
22 with an IRS agent?
23 A Not about that assumption you made.
24 Q I didn't make the assumption. I heard
25 Mr. Rosenblatt. It is not an assumption. Don't believe
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5096
Watstein-cross/Geduldig

1 it is an assumption because I asked the question.
2 Did anybody from the IRS suggest that as your
3 income went from 25,000 to 35,000, to 50,000, to 100,000,
4 you should pay not 12 percent of your gross income, not 25
5 percent of your gross income, but a figure closer to 40 or
6 50 percent of your income toward your tax liability? Was

7 that ever suggested to you by any IRS agent?
8 A No, sir, it is not current IRS policy. You are
9 incorrect.
10 Q What we will do is we will later hear or read back
11 Mr. Rosenblatt's testimony and see what he says IRS policy
12 is. Maybe you know better?
13 MR. WHITE: Objection.
14 THE COURT: Yes. Sustained.
15 Mr. Geduldig, do you want to continue this
16 cross-examination?
17 MR. GEDULDIG: I am moving into --
18 THE COURT: If you do, stick to the relevant
19 issues in the case.
20 Q Let me ask you a few questions about Marty
21 Biegelman.
22 When you were making these telephone calls to the
23 employees at Mr. Gordon's company, Who's Who Worldwide, I
24 think you testified that you prepared an analysis or
25 critique of each of the phone calls that you made; is that
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

5097
Watstein-cross/Geduldig

1 right?
2 A No, sir, it was not my testimony.
3 Q What did you do? After you would make a phone call,
4 what is it you would do with regard to reporting the call
5 to Mr. Biegelman?
6 A I would complete the cover sheet which described the
7 location I made the call from, the name I utilized, the
8 occupation, the time, the date; check the tape for
9 accuracy, put in -- it in a Federal Express envelope and
10 send it to Mr. Biegelman.
11 On a minority of occasions I analyzed the tape
12 and I was instructed to cease doing that.
13 Q I think you talked with Mr. Biegelman prior to
14 starting the calls, or perhaps while the calls were being
15 made about certain subjects that might be raised during
16 the course of these calls; is that right?
17 A No, sir.
18 Q Okay.
19 In any event, when you ma de these calls, there
20 were certain subjects you brought up on an almost regular
21 basis; is that right?
22 A Yes, sir.
23 Q And these were subjects that you wanted to have the
24 employees talk about; is that right?
25 A Amongst others, yes, sir.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5098
Watstein-cross/Geduldig

1 Q And you wanted them to talk about the percent of
2 people accepted for membership into the Who's Who
3 Worldwide directory; is that correct?
4 A That is correct.
5 Q And you wanted them to tell you how they nominated
6 you or you were pretending to be a potential customer, and
7 you wanted them to talk about the nominating process?
8 A Yes, sir.
9 Q And you wanted them to tell you how long the company
10 had been in business?
11 A That is correct.
12 Q And you wanted them to tell yo u if Who's Who
13 Worldwide was financially stable?
14 A Yes, sir.
15 Q And you wanted them to tell you whether or not every
16 prospective member was interviewed for membership?
17 A That's correct.
18 Q And you wanted them to tell you about the plaque?
19 A Yes.
20 Q You wanted them to tell you about the benefits to be
21 received by the members?
22 A Yes, sir.
23 Q You wanted them to tell you whether or not this was a
24 prestigious organization?
25 A Yes, sir.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5099
Watstein-cross/Geduldig

1 Q And you wanted them to tell you about split billing?
2 A No, sir.
3 Q You wanted them to tell you about networking?
4 A Sometimes.
5 Q You wanted them to tell you whether or not you were
6 to be on some sucker list that would be sold?
7 A I occasional ly asked that question, yes, sir.
8 Q You wanted them to tell you about seminars?
9 A Yes, sir.
10 Q And those are at least some of the items that on a
11 pretty regular basis you brought up in your conversations;
12 is that right?
13 A Some of the items, yes, sir.
14 Q On November 11th, 1994, you called Who's Who
15 Worldwide, referring now to what has been marked as
16 Government's Exhibit 1325-A?
17 JUROR NO. 4: Watch out for that wire, you are
18 going to trip over it.
19 MR. GEDULDIG: I will trip and be -- wind up in
20 somebody's arms. It is taped up, I can't help it.
21 A I would like a copy of the document.
22 Q It is in evidence, so I can read it to you,
23 Mr. Watstein.
24 The bottom of page one, there is a conversation,
25 referring to CS --
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5100
Watstein -cross/Geduldig

1 A May I have a copy of the document?
2 Q I will read it to you, that's the way I prefer to
3 proceed.
4 A I will try to answer the question on that basis.
5 Q You called up using an alias, Chuck Sampson,
6 S A M P S O N; do you recall that?
7 A I don't without seeing the document.
8 THE COURT: What evidence is this?
9 MR. GEDULDIG: 1325-A in evidence, Judge.
10 Q So we are clear, Mr. Watstein, the cover page, the
11 front of page 1 says participants, and I am reading from
12 that document, 1325 A, it says participants, Steven West,
13 a/k/a Chuck Sampson.
14 Does that refresh your recollection you called up
15 Who's Who Worldwide using the name Chuck Sampson?
16 A Not totally, sir, without a copy of the document.
17 MR. WHITE: I have a copy if Mr. Geduldig wants
18 me to give it to him.
19 THE COURT: You can give it to him, if you want.
20 THE WITNESS: Thank you.
21 THE COURT: If he requests it, he can have a copy
22 of it.
23 A Thank you.
24 Q The participants are identified as Steven West, also
25 known as Chuck Sampson. One of the other participants is
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5101
Watstein-cross/Geduldig

1 Annette Haley. To the right it says Annette; do you see
2 that?
3 A I don't have a copy of the cover sheet, but it is
4 acceptable, sir.
5 Q Thank you.
6 At the bottom of page one, rather than CS, which
7 might be a little confusing, since CS is you, stands for
8 Chuck Sampson, and I will refer to CS as Watstein, so
9 everybody knows what I am talking about. At the bottom of
10 page one?
11 A Where are you reading?
12 Q The bottom quarter of the page, where it says
13 Annette, and the n Annette Haley. Do you see that?
14 A Yes.
15 Q We will go to you, CS, Watstein. Annette, hi,
16 Annette. This is Chuck Sampson. We spoke about, I guess
17 three or four months ago in reference to your membership.
18 Do you recall our conversation?
19 And Annette replies, umm, no, not really. Go
20 ahead and laughs in parenthesis.
21 You never called Annette before that?
22 A No, sir.
23 Q And you are lying to her?
24 A No, parts of the investigation, standard procedure.
25 Q You were trying to deceive Annette and make her
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5102
Watstein-cross/Geduldig

1 believe that you had previously spoken to her?
2 A I can't answer with a yes or no, sir.
3 Q You say, we spoke about, I guess three or four months
4 ago? Wasn't that a deceptive statement? You had not
5 spoken to her th ree or four months ago?
6 A I can't answer with a yes, or no, sir.
7 Q Hadn't you spoken three or four months ago?
8 A No.
9 Q And you tried to get her to say, I remember you, and
10 it would indicate how anxious she was to sell you?
11 A Not accurate.
12 Q But you had never spoken to her, and you said to her
13 on the tape to start off the conversation, I spoke to you
14 three or four months ago, and Annette says honestly, I
15 don't recall it; is that correct?
16 A That's correct, sir.
17 Q You go on to say at the top of page 2, Watstein,
18 sure, sure, I am with the Jewish Emergency Assistance
19 Group. It's Chuck Sampson, and we spoke very briefly, and
20 I realized that your membership was not for me. I had no
21 need to, to network. I've just been given a new job here,
22 which is director of contributions. Do you see that?
23 A Yes, sir.

24 Q And none of that is true, it is a complete
25 fabrication?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5103
Watstein-cross/Geduldig

1 A I can't answer yes or no.
2 Q Can you tell me if it is a fabrication?
3 A Part of the investigation, sir.
4 Q Did you make a fabrication up as part of the
5 investigation?
6 A It is a statement that is not accurate. It is not a
7 fabrication.
8 Q Is there any truth to it at all?
9 A No, sir.
10 Q Okay.
11 We are certainly trying at this point in time to
12 mislead Annette; is that right?
13 A No, sir.
14 Q You don't think so?
15 A No, sir.
16 Q Okay.
17 Going to page 4, in the middle of the page,
18 roughly in the middle of the page, right after Watstein
19 says, sure, Annette says, just as a point of interest, we
20 do receive about 5 ,000 requests each month for inclusion
21 into our registry.
22 Watstein responds, right.
23 Annette, umm, the membership consists of over
24 60,000 highly qualified and accomplished individuals who
25 are top and upper middle management executives in their
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5104
Watstein-cross/Geduldig

1 companies. Do you see that?
2 A Yes, sir.
3 Q And there is nothing untrue there, is there, to your
4 knowledge?
5 A Yes, sir, there are untruths there.
6 Q All right.
7 You think there are more or less than 60,000
8 members?
9 A I think the members are not all top and middle
10 management members in the company. It is an inaccurate
11 statement, false.
12 Q You read the directories?
13 A I looked at one of the directories, sir.
14 Q Then we go on, just below that, Wats tein says, right.
15 Annette says, we don't sell the wall plaques,
16 books, or other items to the general public.
17 Watstein, are there, are there no plaques at
18 all?
19 Annette, umm, excuse me.
20 Watstein, there are no plaques?
21 Annette, oh, no, you are going to get a plaque.
22 Watstein, oh.
23 Annette, no, I am saying, like, say a non-member
24 calls up, which we had that all the time, that they want
25 to buy a plaque. They couldn't buy a plaque for $10,000.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5105
Watstein-cross/Geduldig

1 They are not a member.
2 Could you see that?
3 A Yes, sir.
4 Q And that is precisely the kind of thing you did with
5 your company, right?
6 A No, sir, inaccurate.
7 Q You had a catalogue? Didn't have a catalogue in your
8 company?
9 A Yes, sir.

10 Q And you sent that catalogue out and you would sell
11 anything that was in that catalogue, wouldn't you?
12 A I don't have a recollection as to whether the plaque
13 was for sale or not, sir.
14 Q You had things relating to your Who's Who company in
15 that catalogue?
16 A Merchandise, I don't know if the plaque was for sale.
17 Q If I was a non-member and I got a hold of your
18 catalogue, I could buy your Who's Who memorabilia,
19 although I didn't pay fees to your company?
20 A Yes, you could buy a Teddy bear, yes, sir.
21 Q And we then go on to page 5.
22 At the top we have Annette talking, and Annette
23 says, so, in other words, you definitely would not receive
24 that, okay, now let me see, hum, you will also receive
25 camera ready artwork with our seal and our name. And you
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5 106
Watstein-cross/Geduldig

1 could put the seal on businesses cards, letterheads,
2 etcetera.
3 Watstein, could we put that in advertisements you
4 think.
5 Annette, she coughs, and say, yeah, you could put
6 it on anything.
7 Watstein, oh, I see.
8 Annette, we also give you a press release, or I
9 can get you in contact with somebody in public relations.
10 Excuse me one second. That could write one up for you,
11 but there's a small fee for that. But otherwise we would
12 give you the paperwork, in other words, the letterhead,
13 for, umm --
14 Watstein says, what would you charge us to write
15 us a press release?
16 Annette, I don't know. I'd put you over and she
17 would be able to help out.
18 You see that?
19 A Yes, sir.
20 Q She is telling you if you want a press release, they
21 would do it for you for a small charge; is that right?
22 A Yes, sir.
23 Q And that is accurate? That's accurate information?
24 A I believe it is totally accurate.
25 Q If you could skip ahead for a second to the bottom of
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5107
Watstein-cross/Geduldig

1 page 6, the very bottom, going on with the benefits,
2 Annette is talking again and she says: So it's very easy
3 to look them up. Now, there are about a dozen more
4 benefits. We have huge discounts on long distance and
5 international phone calls. We have Airborne Express. We
6 even have car insurance. Now let me tell you the price.
7 Now, with the membership, you are going to get all the
8 memberships and privileges, the wall plaque and the
9 registry.
10 Do you see that?
11 A Yes, sir.
12 Q She is being accurate, isn't she?
13 A To date, par tially.
14 Q Then we come to the nominations, in the middle of
15 page 5, and we flip back, right in the middle of dead
16 smack the middle of the page, where Annette says: Okay,
17 now you'll also be able to nominate two people for
18 membership.
19 Watstein, right.
20 Annette, just be careful when you nominate them
21 because we don't accept everybody. We also have our own
22 Who's Who gold Master Card.
23 Do you see that?
24 A Yes, sir.
25 Q And to your knowledge Who's Who Worldwide did have a
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5108
Watstein-cross/Geduldig

1 nomination process where they could -- where the members
2 could send in nominations; is that right?
3 A To the best of my knowledge, yes, sir.
4 Q And then at the top of page 6, getting to one of the
5 questions you are anxious to get at.

6 Watstein: No, my question is, how, half the
7 people get rejected, a third?
8 Annette, I would say we accept about five
9 percent.
10 Watstein, five percent?
11 Annette, five percent.
12 Watstein, really? Wow.
13 Annette, yeah.
14 Do you see that?
15 A Yes, sir.
16 Q And that is -- that's the number you like to hear,
17 because you say Annette there is not being accurate; is
18 that right?
19 A I can't respond to that question, what I would like
20 to hear or not, sir. Do you want to rephrase the
21 question?
22 Q Well, it is your belief that more than five -- many
23 more than five percent of the people who send in
24 applications are accepted; is that right?
25 A Is it my belief?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5109
Watstein-cross/Geduldig

1 Q Yes.
2 A It is m y belief, sir.
3 Q Then you go on to the middle of the page, about a
4 quarter of the way down, right after we just finished with
5 Annette saying yeah, and we go to your next attributions.
6 Watstein, so I will not find a delicatessen owner
7 in this thing?
8 Annette, no.
9 Watstein, I see.
10 Annette, no, no, no, no, no.
11 Watstein, okay.
12 Annette, no, you won't find -- we do have a
13 section where -- I don't know if it is in this registry or
14 another book, that they publish where we do have some
15 sort. But it is nothing like this.
16 Watstein, I see.
17 Annette, nothing like this. They are not
18 entitled to half the benefits and privileges that you know
19 a corporate leader would be.
20 Do you see that?
21 A I do.
22 Q Now, you mentioned a delicatessen owner; is that
23 right?
24 A Yes, sir.
2 5 Q You lived a good number of years in New York City,
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5110
Watstein-cross/Geduldig

1 the New York area?
2 A Yes, sir.
3 Q Ever heard of the Stage Delicatessen?
4 A Yes, sir.
5 Q Ever heard of the Second Avenue Deli?
6 A Can't say that I have.
7 Q You never heard of it?
8 A No, sir.
9 Q Ever hear of Ben's Deli, a chain on Long Island?
10 A Yes, sir.
11 Q Do you think the owner of the Stage Delicatessen, or
12 the owner of Ben's chain on Long Island would be qualified
13 to be in the registry because they are delicatessen
14 owners?
15 A I can't answer that question with a yes or no, sir.
16 Q But you were using the term delicatessen owner in a
17 pejorative sense?
18 A Yes.
19 Q And actually a delicatessen owner could be a wealthy
20 and succe ssful businessman?
21 A Philosophically, yes.
22 Q Not philosophically, there are wealthy and successful
23 businessmen who are delicatessen owners; is that right?
24 A I have no first-hand knowledge of that.
25 Q In any event, do you know any reason why someone who
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5111
Watstein-cross/Geduldig

1 owns a chain of two or three delicatessen stores would not
2 qualify for membership in the registry that you were
3 applying for in this conversation?
4 A Yes.
5 Q And what would the reason be?
6 A I think that's the gentleman who owns one or two, or
7 two or three delicatessens, would not be on the same par
8 with a Ben's Delicatessen, which is a sophisticated chain
9 operator. That person would likely have no substantial
10 management skills --
11 Q Two or three, no skills --

12 A I am not finished.
13 Q Sorry.
14 A A notably small business. Average delicatessen
15 about, about $500,000 in sales a year and would not likely
16 to be considered a global leader as a delicatessen
17 operator.
18 Q A delicatessen owner owning two or three stores is a
19 small operation to you?
20 A In my interpretation, yes.
21 Q If it was a big delicatessen that did millions of
22 dollars of business in each of its stores, is it beyond
23 your comprehension?
24 A Beyond my comprehension, sir.
25 Q If a guy owned two or three stores, and grossing in
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5112
Watstein-cross/Geduldig

1 the neighborhood of five or ten million dollars in those
2 stores, he would qualify?
3 A Possibly.
4 Q You used the term delicatessen owner, is there a
5 reason you used that t erm?
6 A Yes, sir.
7 Q Did you and Biegelman ever discuss the use of that
8 term, delicatessen owner?
9 A No, sir.
10 THE COURT: Have you completed that thought or
11 series thoughts?
12 MR. GEDULDIG: Yes.
13 THE COURT: All right. We will recess.
14 Members of the jury, we will recess until 1:30
15 tomorrow afternoon.
16 Let me tell you that those of you who are
17 planning ahead, you can step down, sir.
18 THE WITNESS: Yes.
19 (Whereupon, at this time the witness left the
20 witness stand.)
21 THE COURT: We will not be working -- at least
22 you won't, next Friday. We will not be working next
23 Friday. I have matters on the whole day Friday. So, this
24 Friday we are working tomorrow at 1:30.
25 Please do not discuss this case among yourselves
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5113


1 or anyone else. Do not do any research on deli owners or
2 any such interesting topics.
3 Keep an open mind and come to no conclusions,
4 none at all until you are in the jury room.
5 After the case is over, after you heard the
6 closing arguments of counsel, after you heard my
7 instructions to you on the law. And then only after you
8 interchange views with each other for the first time.
9 So, we will recess until 1:30.
10 Have a nice evening and morning.
11 (Whereupon, at this time the jury leaves the
12 courtroom.)
13 THE COURT: I would like to say in connection
14 with I discussed earlier, I hear talking right here on the
15 bench.
16 Now, you certainly have every right to discuss
17 things among yourselves. But you should try to keep it
18 down, low. Because not only do I hear it, but the jury is
19 hearing it.
20 N ow, I don't know if that is good or not good.
21 But I don't want to hear it. So keep it low.
22 When you have a lot of people in the courtroom,
23 and all of you are talking, or many of you are talking, it
24 is loud. I hear it.
25 Now, what about tomorrow?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5114
1 MR. WHITE: Your Honor, before I give an estimate
2 I need to know or get a sense from the defense who else
3 needs to cross-examine Mr. Watstein and how long it would
4 be.
5 THE COURT: Mr. Dunn?
6 MR. DUNN: I think anywhere between 20 and 30
7 minutes.
8 THE COURT: Anybody else?
9 Mr. Neville.
10 MR. NEVILLE: Ten and 15 minutes.
11 THE COURT: Your usual, Mr. Neville.
12 MR. NEVILLE: The usual.
13 MR. LEE: Just to be safe and conservative, to
14 reserve myself a spot, about a half an hour.

15 THE COURT: Mr. Geduldig, how long are you going
16 to be?
17 MR. GEDULDIG: I don't think I will be much
18 longer, Judge. I think I will be done in 15 or 20
19 minutes.
20 THE COURT: So, we should finish the witness
21 tomorrow, and be prepared with another witness.
22 MR. WHITE: Sorry?
23 THE COURT: Be prepared with another witness.
24 MR. WHITE: I have some substantial redirect,
25 quite substantial, which may touch off another round of
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5115
1 cross examination.
2 So, I think Mr. Watstein, plus tapes will consume
3 tomorrow.
4 THE COURT: All right.
5 How long do you think your case is going to be?
6 Do you have a reasonable estimate at this time?
7 MR. WHITE: I have to confess things are going
8 slower than I thought. We will certainly consume ne xt
9 week, and probably the week after.
10 I am making an effort to try to cut down on
11 witnesses who would just be cumulative, consistent with
12 the government's burden of proof, and especially gie
13 large number of defendants that we have to present
14 evidence against.
15 Your Honor, I would say at least the next two
16 weeks.
17 THE COURT: Very well.
18 We will see you at 1:30 tomorrow.
19 (Case on trial adjourned until 1:30 o'clock p.m.,
20 Friday, February 20, 1998.)
21 I-N-D-E-X
22
W-I-T-N-E-S-S-E-S
23
PAGE LINE
24
25

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
5116

1 S T E V E N W A T S T E I N................. 4831 1
CROSS-EXAMINATION (cont'd)....................... 4831 11
2 CROSS-EXAMINATION................................ 4853 10
CROSS EXAMINATION......................... ....... 4891 2
3 CROSS-EXAMINATION................................ 4942 9

4 A N D R E A H E N D E R S O N - N I K O I.... 4959 12
DIRECT EXAMINATION............................... 4960 4
5 CROSS-EXAMINATION................................ 4976 17
CROSS-EXAMINATION................................ 4989 8
6 CROSS-EXAMINATION................................ 4998 13
CROSS-EXAMINATION................................ 5003 5
7 CROSS-EXAMINATION................................ 5009 14
REDIRECT EXAMINATION............................. 5011 20
8 RECROSS-EXAMINATION.............................. 5017 3
RECROSS-EXAMINATION.............................. 5018 3
9 FURTHER REDIRECT EXAMINATION..................... 5018 16
FURTHER RECROSS EXAMINATION...................... 5019 10
10 FURTHER RECROSS EXAMINATION...................... 5019 18

11 T E R R Y L E E M A R V I N S W I N N E Y.... 5021 7
DIRECT EXAMINATION............................... 5021 17
12 CROSS-EXAMINATION................................ 5040 7
CROSS-EXAMINATION................................ 5057 1
13 CROSS-EXAMINATION................................ 5059 1
CROSS-EXAMINATION................................ 5061 8
14 REDIRECT EXAMINATION............................. 5066 5

15 S T E V E N W A T S T E I N................ 5068 7
CROSS-EXAMINATION (cont'd)....................... 5068 14
16

17 E-X-H-I-B-I-T-S

18 Government's Exhibit 42-F received in evidence... 4962 20
Government's Exhibit 42-D received in evidence... 4964 7
19 Government's Exhibit 42-B received in evidence... 4971 15
Government's Exhibit 11-G received in evidence... 5024 13
20 Government's Exhibit 11-D received in evidence... 5025 14
Government's Exhibit 11-B received in evidence... 5032 25
21 Government's Exhibit 11-F received in evidence... 5034 23
Government's Exhibit 11-E received in evidence... 5036 7
22 Government's Exhibit 11-H received in evidence... 5038 13

23 Defendant's Exhibit GA received in evidence...... 4890 4
Defendant's Exhibit GA-1 received in evidence.... 4890 5
24 Defendant's Exhibit GA-2 marked for ID........... 4895 12
Defendant's Exhibit AO received in evidence...... 4920 19
25 Defendant's Exhibit GA-2 received in evidence.... 4957 10

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER