| To: scion who wrote (101988) | 12/22/2007 1:19:19 PM | | From: StockDung | 2 Recommendations of 116407 | | | Grand jury investigation? Oh my. What "announcement"?
There was something that arose earlier about an FBI inquiry but I don't recall a Grand Jury entering the picture. That is serious business and indicates an indictment could be en route for one of the fearless leaders of the anti naked short selling Baloney Brigade.
Patch probably penning a conspiracy peice as I speak about how
the Gov trying to bring down the company.
The Baloney Brigade Marches on........
"A. On Counsel's instructions, due to the 0ffice of the United States Attorney, Southern District of New York's announcement of a pending federal grand jury investigation, I respectfully decline to answer he question based upon my constitutional rights as guaranteed to me by the Fifth Amendment of the United States Constitution and the same rights provided to me in the constitution of the state of Florida."
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Doc 270-1 - DEPOSITION OF BARBARA ALTOMARE - OCR transcript Part 1
EXHIBIT A
(part 1)
DEPOSITION OF BARBARA ALTOMARE
Taken before Joanne DeVito, Shorthand Reporter and Notary Public for the State of Florida at Large,
pursuant to Notice of Taking Deposition filed in the above cause.
APPEARANCES
JANE MOSCOWITZ, ESQ.,
of Moscowitz & Moscowitz, P.A.,
111 Brickell Avenue, Suite 2050,
Miami, FL 33131,
on behalf of the Plaintiff.
ARTHUR W. TIFFORD, ESQ.,
Of Tifford and Tifford, P.A.,
1385 NW 15th Street, Miami, FL
on behalf of the Defendants.
Witness
BARBARA ALTOMARE
MR. TIFFORD: Let me just say on the record before we go through the formalities that commence in the deposition, Ms. Moscowitz, that some responses that your questions may call for may be the subject of my instruction to Ms. Altomare to assert a spousal privilege. Some may invoke or prompt me to ask her, instruct her to invoke a privilege communication of privilege and some may prompt me to instruct her to invoke a Fifth Amendment assertion -- privilege. Now, I prepared language so that the -- each of the objections and instructions can be politely expressed into the record. After doing -- in the event there are any that have to be. From thereafter, would you, in order to keep the record short, would you consider allowing me to simply enumerate them and say objection number one, instruction number one, number two, number three, or do you want them carefully articulated?
MS. MOSCOWITZ: First, in response, of course ifs your right to instruct your client, you know, as you choose and the court will determine if that's appropriate later on.
MR. TIFFORD: Of course.
MS. MOSCOWITZ: I would request -- I agree that they don't have to be fully read out, but rather than saying one, two, or three, I would rather hear attorney/client, spousal or Fifth Amendment so I don't have to be thinking in my head each time, now what's number one. Just that. But let's do have the appropriate language in the very first time of each one and hope that we don't have any so that we can actually get some information.
Thereupon, BARBARA ALTOMARE,was called as a witness by the Plaintiff, and having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. MOSCOWITZ:
Q. Will you state and spell your name, please?
A. Barbara Altomare, B-A-R-B-A-R-A A-L-T-O-M-A-R-E.
Q. Have you ever been known by any other names?
A. My -- yes, my maiden name.
Q. Was?
A. My maiden name?
Q. Yes.
A. Barbara Fruchtman, F-R-U-C-H-T-M-A-N. My first married name was Barbara Halpern, H-A-L-P-E-R-N:
Q. What years were you known as Barbara Halpern?
A. Oh, my God. 1965 to, I guess, 1995.
Q. You married Richard Altomare in 1995?
A. I believe so, yes.
Q. What is the date of your marriage?
A. April 8th.
Q. What is your date of birth?
A. April 4th, 1947.
Q. And what is your current address?
A. 4904 Bocaire Boulevard, Boca Raton. Florida: You want the ZIP code? 33487.
Q. And is it your understanding that that property is Homesteaded property?
A. Yes
Q. I'd like to ask for your Social Security number. It's Mt. Tifford's desire to send that in a separate letter. That's fine Although, I still don't have Mr: Altomare's which you promised me in a 2 5separate letter a while ago.
MR. TIFFORD: That's my oversight for which I apologize. I'll get them both off to you later today.
MS. MOSCOWITZ: Okay.
MR TIFFORD: This is-- just so you understand, many attorneys now prefer not divulging Social Security numbers to which an inquiring attorney always has a right in a deposition and this done for security reasons in view of the amount of identity theft that's being going on.
THE WITNESS: I appreciate that. 1
BY MS. MOSCOWITZ:
Q What other real estate other than 40 -- well, are you -- let me go back and start over and do that in English. Are you an owner of the property at 4904 Bocaire Boulevard?
A. Yes.
Q. What is the nature of your ownership of the Bocaire Boulevard property?
MR. TIFFORD: If you understand the question.
THE WITNESS: Really. I believe that Ihat I own it with my husband Richard.
BY MS. MOSCOWITZ:
Do you with your husband or on your own own any other real estate?
A. Yes.
Q. Tell us what that is.
A. A condominium in Highland Beach, Florida.
Q. We'll go, back to that in a second. Is there any other property, any other real estate that 9 you own either on your own or with your husband other than the Bocaire home and the Highland Beach condo?
A. No.
Q. Is there any real estate that you own with anybody else other than the Bocaire property and condo at Highland Beach?
A. No.
Q. Have you and your husband in the time you've been married ever owned any other real estate?
A. Yes.
Q. What was that?
A. A condominium in Jericho, New York.
Q. When did you buythat?
A. Probably in 1995 Just before we got married or around the time we got married. I don’t remember.
Q. Was it sold?
A. Yes.
Q. When was it sold?
A. About nine years ago. Nine or ten years ago. I don't remember exactly the date.
Q. Did you and/or your husband ever own a condominium, on the ship that's called The World?
A. Absolutely riot.
Q. Do you know how an article happened to be in a national magazine in which your husband claimed to have such ownership?
MR. TIFFORD: Let me object to the form of the question. The article may have said it -
MS. MOSCOWITZ: Well, he said it in the article, but that's okay. I understand.
BY MS. MOSCOWITZ:
Q. Do you know how an article came to be in, a magazine in which discussed the fact that your husband had a condo on The World?
MR. TIFFORD: You can answer the question.
THE WITNESS: Yes.
Q. Tell us.
A. We had vacationed on The World for a week. We met other owners of apartments on The World. We were actually renting, I think, the apartment from an owner and there were also some people from what turned out to be Departures Magazine on the ship doing an article about The World who we had never met before who wrote an article and mistakenly attributed my hus -- or what is the word I'm looking for. They mistakenly said he was an owner of an apartment rather than just a visitor.
Q. Are you familiar with the quote in the article?
A. I may have read them years ago. It's a long time. I don't remember exactly.
Q. Were you present when your husband was interviewed by them?
A. He wasn't interviewed. It was a conversation among people on the beach about how lovely The World was. It wasn't an interview. It was just people who quoted someone who were writing an article. He was never interviewed by the people as a formal interview.
Q. How do you know that he didn't say what the quote says he says?
A. Because I was there when the conversation was going on. We were just people on the beach that happened to be chatting. They were under an umbrella and we were under the next one.
Q. When was this vacation?
A. I don't even know their names.
Q. When was this vacation?
A. Oh, my God. Five years ago, six years ago.
Q. Do you know how it was paid for?
A. We paid for it.
Q. How do you know that?
A. As I pay for all my vacations. We paid for it.
Q Well, tell me about your birthday this year. How did you celebrate your birthday in 15 April 2007?
A. April 2007 I was in Las Vegas on business at the time and decided to combine my birthday in a location that I found myself to be very much fun for my family and we convened in Las Vegas to celebrate my birthday.
Q. Tell me what the business was you were on.
A. We were -- it was regarding the Jackson family auction. We were visiting the venue that the auction was going to be taking place in which was the Hard Rock Casino or I guess Hard Rock Hotel and Casino and meeting with various members of the Jackson family and other people involved in the auction and that's what we were doing.
Q. Now, did you -- how did you go to Las Vegas?
A. We flew out on a jet from Boca Raton, Florida to, I guess it's McCarran airport in Las Vegas.
Q. Was that a private jet or a commercial airline?
A. No, it was a private jet.
Q. And who was on the jet?
A. Myself, my husband, as well as some family members.
Q. Which family members? I'm sorry. Not in the middle of a question. You can't talk in the middle of a question. Which family members were on that jet?
A. My daughter and her husband and their children.
Q. Any other family members?
A. No.
Q Did --
A. The other family members met us in Las Vegas on commercial flights. These people live in Boca Raton and as long as we were going out there, we asked them to join us.
Q. Everybody should get to go on a private jet. Don't you agree?
A. No, I don't, as a matter of fact.
Q. Why do you think you should?
A. Why should I?
Q. Yes.
A This was a business trip and we were meeting with Jackson people out there and there were 11 other people that may have joined us on the trip but ended up not or were going to join us in Las Vegas to come back.
Q. Do you have any idea how much more the company paid to have you go on a private jet than it would have paid commercially?
MR. TIFFORD: Let me object to the form because it assumes that it costs more.
MS. MOSCOWITZ: Yes, it does and I'll take that objection.
BY MS. MOSCOWITZ:
Q. So can you answer that question?
A. No, I don't.
Q. Never looked it up?
A. It wasn't part of my responsibilities.
Q. We'll go back to the trip, but what were your -- were you employed by Universal Express?
A. Yes.
Q. And in what capacity?
A. For the first 12 years of my employment I was operating officer.
Q. What does that mean?
A. It means that while we were forming the company, taking it out of bankruptcy, and then creating the existing subsidiaries that were destroyed recently, I did whatever needed to be done --
Q. We'll go back to who did the destroying soon, Mrs. Altomare, but tell me, while you were taking it out of bankruptcy, what did you do in those 12 Years?.
A. Anything that needed to be done..
Q. What does that mean? Did you go to the office every day?
A. Absolutely.
Q. Okay. So and what was your title?
A. I don't know if I actually had one.
1 Q Okay. So and what was your title?
A. I don't know if I actually had one.
Q. Where did you sit? ,
A. Vice president:
Q. Did you have a title as vice president or are you just telling us that?
A. No, I did at one time.
Q. Okay: Now 12 years you went to work. After 12 years, what happened?
A. When we relocated down to Florida I worked part of the time in the offices and as we grew and got, bigger and I then pulled back and cut my hours, I worked out of my home.
Q. What did you do in your home for the company?
MR.TIFFORD:. Hold on. I'm going to instruct Ms. Altomare to --
MS. MOSCOWITZ: Let me --
MR TIFFORD I want to read --
MS. MOSCOWITZ: Wait, wait. Let me ask the question right because it's a little bit garbled.
BY MS. MOSCOWITZ:
Q The question is -- let's first go back. When did you start working for Universal Express out of your home?
A. 2002. I'm guessing. Around there.
Q. After-
A. Because it was a gradual reduction:
Q. At the time in 2002, which is when you believe you started working out of your home for Universal Express, what was the work you were doing for the company?
MR. TIFFORD: Because of the nature of the question, I'm going to instruct Mrs. Altomare to read the following.
THE WITNESS: On My. counsel's' instructions, due to the Office of the United States Attorney, Southern District of New York's announcement of a pending federal grand jury investigation, I respectfully decline to answer the question based upon constitutional rights as guaranteed to me by the Fifth Amendment of the United States Constitution and the same rights provided to me in the constitution of the state of Florida.
BY MS. MOSCOWITZ:
Q HOW Many hours a week were you working for 19 Universal Express from 2002 forward?
A. On Counsel's instructions, due to the 0ffice of the United States Attorney, Southern District of New York's announcement of a pending federal grand jury investigation, I respectfully decline to answer he question based upon my constitutional rights as guaranteed to me by the Fifth Amendment of the United States Constitution and the same rights provided to me in the constitution of the state of Florida.
Q Now, let's go back to the trip to Las 5 Vegas in April 2007. Tell me every bit of work that 6 you did on that trip.
A. On Counsel's instructions, due to the 0ffice of the United States Attorney, Southern District of New York's announcement of a pending federal grand jury investigation, I respectfully decline to answer he question based upon my constitutional rights as guaranteed to me by the Fifth Amendment of the United States Constitution and the same rights provided to me in the constitution of the state of Florida.
Q. Where did you stay on that trip?
A. On Counsel's instructions, due to the 0ffice of the United States Attorney, Southern District of New York's announcement of a pending federal grand jury investigation, I respectfully decline to answer he question based upon my constitutional rights as guaranteed to me by the Fifth Amendment of the United States Constitution and the same rights provided to me in the constitution of the state of Florida.
Q. Where did the family members that were along with you stay?
A. On Counsel's instructions, due to the 0ffice of the United States Attorney, Southern District of New York's announcement of a pending federal grand jury investigation, I respectfully decline to answer he question based upon my constitutional rights as guaranteed to me by the Fifth Amendment of the United States Constitution and the same rights provided to me in the constitution of the state of Florida.
Q. Did Universal Express pay for your stay in Las Vegas, your hotel stay on that trip?
MR. TIFFORD: If you know.
THE WITNESS: Excuse me?
MR. TIFFORD: If you know the answer.
THE WITNESS: On Counsel's instructions, due to the 0ffice of the United States Attorney, Southern District of New York's announcement of a pending federal grand jury investigation, I respectfully decline to answer he question based upon my constitutional rights as guaranteed to me by the Fifth Amendment of the United States Constitution and the same rights provided to me in the constitution of the state of Florida.
BY MS. MOSCOWITZ:
Q. Did Universal Express pay for your family members' stay in Las Vegas?
A. On Counsel's instructions, due to the 0ffice of the United States Attorney, Southern District of New York's announcement of a pending federal grand jury investigation, I respectfully decline to answer he question based upon my constitutional rights as guaranteed to me by the Fifth Amendment of the United States Constitution and the same rights provided to me in the constitution of the state of Florida.
MR. TIFFORD: In addition, I instruct her further as follows.
THE WITNESS: In addition, counsel's instructions, I respectfully decline to answer the question on two grounds. The first ground is the spousal privilege which I understand allows a testifying spouse to refuse to testify against a nontestifying spouse. I have learned from reading court papers that a grand jury investigation is ongoing. If that investigation concludes without charging my husband or if my husband is immunized, I will consider withdrawing my refusal to answer. The second ground is the confidential communication privilege since the question seeks a response relating to specific information that may have been privately disclosed to me in the confidence of my marital relationship.
BY MS. MOSCOWITZ:
Q. Well, if it may have been, I don't think that cuts it. It either was or it wasn't. So that's not necessarily a well-taken objection. But we’ll cross back -- we'll let Judge Lynch decide that. Are you currently employed?
A. No. |
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