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1
1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF OREGON
3 OBSIDIAN FINANCE GROUP, LLC, )
and KEVIN D. PADRICK, )
4 )
Plaintiffs, ) No. CV-11-57-HA
5 )
vs. ) November 29, 2011
6 )
CRYSTAL COX, ) Portland, Oregon
7 )
Defendant. )
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TRIAL
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TRANSCRIPT OF PROCEEDINGS
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BEFORE THE HONORABLE MARCO A. HERNANDEZ
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UNITED STATES DISTRICT COURT JUDGE
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1 APPEARANCES
2 FOR THE PLAINTIFFS: David S. Aman
Tonkon Torp, LLP
3 888 S. W. Fifth Avenue
Suite 1600
4 Portland, OR 97204
5 FOR THE DEFENDANT: Crystal Cox
Pro se
6 P. O. Box 505
Eureka, MT 59917
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COURT REPORTER: Nancy M. Walker, CSR, RMR, CRR
8 United States District Courthouse
1000 S. W. Third Avenue, Room 301
9 Portland, OR 97204
(503) 326-8186
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1 P R O C E E D I N G S
2 (The Court, counsel, and the parties convene.)
3 THE CLERK: We're here today in the case of
4 Obsidian Finance Group, LLC versus Cox, 11-57-HZ, for
5 trial.
6 THE COURT: Good morning.
7 There were some items that were left unresolved
8 yesterday when I visited with you, and I wanted to wrap
9 up those things that were unresolved.
10 So as I recall, there were three of them. One of
11 them had to do with the issues of sanctions and Ms. Cox
12 violating the Court's order that she produce documents
13 and bring the documents, and she did not bring the
14 documents and did not produce them as I ordered. And the
15 question, then, was what was the Court willing to do
16 about that?
17 What I have decided on that issue is that I would
18 prohibit Ms. Cox from introducing evidence that would
19 have been encapsulated or part of those records that the
20 plaintiff sought in their request for production.
21 And I guess what I'm trying to tell you, I'm not
22 quite sure what that may be, but as we go through the
23 trial, you can give me a heads up, saying, "We have an
24 objection regarding a discovery issue on this matter,"
25 and we can take it up at that time as to whether it
4
1 relates to documents that you were seeking or not.
2 The second issue had to do with one of the items
3 that was listed in Ms. Cox's memorandum regarding
4 defenses that she was raising, or it was just one that I
5 skipped over and did not address yesterday, and that was
6 whether or not the issue involving the bankruptcy
7 proceeding was an issue of public concern. And I had
8 decided, but did not inform you, that it was not. So
9 that defense is not a part of this case.
10 And the third issue that I left unresolved was
11 what to do about the defense exhibits. I think I had
12 said that it was apparent that some of the exhibits
13 simply were statements of the law or Ms. Cox's belief of
14 what the law was in certain areas. And rather than try
15 to go through each exhibit one by one -- I have done that
16 for myself, but I don't want to take the time to do that
17 this morning. Suffice it to say that many of the
18 exhibits I know are not going to be received into
19 evidence, but I don't want to cross -- again, spend the
20 time to go through those one by one at this time, because
21 there are simply too many of them to kind of go through.
22 Some of them, I will say, they may in fact be
23 admissible, and there are some question marks. And I
24 think one of them was a deposition that I think both
25 sides are at least considering offering or may be
5
1 considering offering or not. So I don't know what will
2 happen with that. Again, we'll cross that bridge when we
3 get to it.
4 And I also note that some of the exhibits that
5 Ms. Cox offered, or at least one of them, had kind of an
6 explanation for what she was doing and why she was
7 posting the things she was posting, what her reasoning
8 was behind all of that. That's more in the form of
9 testimony and obviously is not going to be received as an
10 exhibit.
11 And other than giving you the heads up regarding
12 my thought process regarding the defense exhibits, I
13 don't want to spend the time to go through each of them
14 at this time.
15 Is there anything else from the plaintiffs'
16 perspective I need to address?
17 MR. AMAN: A few things, Your Honor, in the
18 nature of motions in limine.
19 As we noted yesterday, we talked about the
20 defendant has not submitted a witness statement for any
21 witness. I note that Ms. Stephanie Studebaker is in the
22 courtroom today, and we would object to her testimony in
23 this case. We didn't get a witness statement outlining
24 what she would testify to. In any event, I think the
25 bulk of her testimony would be hearsay and inadmissible.
6
1 THE COURT: It was my understanding that Ms. Cox
2 wasn't planning on introducing any witnesses or evidence.
3 Is that correct, Ms. Cox?
4 MS. COX: I am not planning on introducing any
5 witnesses.
6 MR. AMAN: Thank you, Your Honor.
7 As a corollary of that, based on your rulings
8 yesterday and in the Court's order from last night, it
9 seems clear to us that Ms. Cox cannot testify as to the
10 source, if it's a hearsay source, as to why she made the
11 posting that's the subject of this case.
12 THE COURT: It's my understanding that Ms. Cox
13 isn't testifying.
14 Am I correct about that?
15 MS. COX: Can I ask a question about that?
16 THE COURT: Certainly.
17 MS. COX: I didn't know that I wouldn't be able
18 to put in why -- I documented out why I posted this. I
19 didn't know I wouldn't be able to submit this. So if I
20 don't have any way of telling them where the information
21 came from in the post, then I probably would like to
22 testify.
23 THE COURT: Okay. Then now the ball is back in
24 your court.
25 MR. AMAN: Thank you, Your Honor.
7
1 So two things on that. First of all, we did not
2 get a witness statement from the defendant that would
3 outline her testimony, so we've been prejudiced. The
4 Court had a clear order that she had to submit that.
5 Second, any evidence about why she made the
6 posting in terms of the factual support for it, based on
7 the Court's ruling yesterday, is inadmissible, because
8 under the standards in Oregon, it's a strict liability
9 for defamation. The fact that she relied on a
10 third-party source isn't going to protect her and it's
11 not relevant to any issue that's in dispute in this case,
12 so that evidence should not come in.
13 If she testifies about what, for example,
14 Ms. Studebaker told her, that's hearsay. And there's no
15 relevant purpose for it to come in anyway, because it
16 could only be offered for the truth of the matter
17 asserted, which is that what she's testifying to about
18 the tax treatment is true.
19 MS. COX: Am I allowed to speak to that?
20 THE COURT: You will in just a minute.
21 MS. COX: Thank you.
22 THE COURT: (Pause) Okay.
23 MS. COX: I am not claiming anything to do with
24 anything Ms. Studebaker said to me personally, but what I
25 got out of depositions, court documents, and her blog.
8
1 So it's not hearsay.
2 THE COURT: Is all the information that you would
3 be testifying to in your notebook?
4 MS. COX: Yes, sir, it is.
5 THE COURT: Is there anything else you want to
6 tell me?
7 MR. AMAN: Just following up on the defendant's
8 statement. So what she would testify to, or what she
9 would offer into evidence, is all information from third
10 parties. That's hearsay.
11 THE COURT: I get your argument on that.
12 MR. AMAN: Okay. And it shouldn't come in for
13 that reason, Your Honor.
14 THE COURT: All right. I'm going to reserve
15 ruling on that.
16 The first part of that objection is that she
17 didn't give you witness statements. She didn't list out
18 what her statements are, but they are contained in the
19 information that she provided. Her case is not going to
20 be until after yours is done. You've had an
21 opportunity -- I assume you've had an opportunity to look
22 through her notebook.
23 MR. AMAN: We have had an opportunity to look
24 through her notebook.
25 THE COURT: So I don't anticipate that she'll be
9
1 offering anything that's not contained in her notebook.
2 Whether I allow it in or not, that's a different issue.
3 Is there anything else from your perspective?
4 MR. AMAN: I guess one follow-up question, Your
5 Honor. You issued an order yesterday about exhibits from
6 the plaintiffs' exhibit list that would come in or not
7 come into evidence. Does that mean that the additional
8 exhibits that were not addressed have been preadmitted?
9 THE COURT: No, they have not been preadmitted.
10 I haven't ruled on those. I was giving you a heads up as
11 to where I was headed on the ones that existed.
12 By the way, if she testifies, I already told you
13 what happens with all the Obsidian --
14 MR. AMAN: Understood. We just want to make sure
15 we understand, from the Court's perspective, what
16 evidence can and can't come in.
17 For example, the cease and desist letter that we
18 sent to Ms. Cox, we'd like to refer to that in opening to
19 the jury and show it to the jury in opening. We'd like
20 to know whether that's going to be something we'll be
21 allowed to do or not.
22 THE COURT: Do you have any other questions
23 regarding specific pieces of evidence?
24 MR. AMAN: Yes. There are four exhibits we'd
25 like to show to the jury: Exhibit 31, Exhibit 32,
10
1 Exhibit 33, and Exhibit 1-A.
2 THE COURT: Ms. Cox, is there anything you want
3 to tell me about that?
4 MS. COX: I'm not sure if it's the time to
5 object, but I'd like to object to the cease and desist
6 being sent to me. It was sent before this blog post was
7 a factor, before I even posted this. It was sent to me
8 December 22nd, and the blog post was put up
9 December 25th.
10 THE COURT: Your objection is overruled.
11 You can go ahead and refer to those exhibits.
12 MR. AMAN: Thank you, Your Honor.
13 THE COURT: Is there anything else from the
14 plaintiffs' perspective?
15 MR. AMAN: No, Your Honor.
16 THE COURT: Ms. Cox, do you have anything from
17 your side we need to talk about before we start the
18 trial?
19 MS. COX: No, sir.
20 THE COURT: I assume you've never selected a jury
21 before and never conducted a trial before, so I want to
22 go over with you the way the process works, quickly.
23 MS. COX: Okay.
24 THE COURT: What will happen is my clerk is going
25 to bring up -- How many jurors are you going to bring up?
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1 THE CLERK: Nineteen.
2 THE COURT: Nineteen? Nineteen jurors. The box
3 seats 16, and then there are three of them that will be
4 seated in the front. They'll be seated in order, 1
5 through 19; and you'll be able to tell from the way the
6 seats are organized which juror is in each seat.
7 I think in this courtroom we start with No. 1 in
8 the back row, so No. 1 is the back row to my left, Juror
9 2, down the row that way, until we fill up the box. So 1
10 through 8, then 9 through 16; and then 17, 18, and 19
11 will be in the front row.
12 The reason you want to know that is when -- if
13 jurors are being excused because you're challenging a
14 particular juror, then ultimately we're going to end up
15 with eight jurors, and so if you challenge Juror No. 1,
16 then one of the other jurors is going to move into seat
17 No. 1. That's why the sequence of seating is important
18 to you as a party to this litigation.
19 After the jurors are seated, the jurors will be
20 sworn. I will give them some preliminary instructions
21 and questions. Simply at that point there's not much for
22 you to do. I may ask you to introduce yourself. But
23 other than that, there really isn't much for you to do
24 during the preliminary part of the voir dire process.
25 That's the process where I question the jurors regarding
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1 their knowledge about perhaps this case or about the
2 parties, whether they've read anything about this case,
3 what their background is, things like that.
4 After I'm finished with my questioning, I will
5 give each side an opportunity to do some follow-up
6 questions, and I'm going to keep a keep a pretty tight
7 string on that. I'm not going to let anybody wander very
8 far from where I was in the follow-up questions to the
9 jury.
10 After the questioning has been completed, if
11 there are challenges, what they call cause challenges,
12 somebody is so biased they can't be a fair juror, those
13 challenges will be taken verbally in open court. You
14 just need to alert me to that, and I'll just ask if you
15 have challenges to anybody on the panel for cause. And
16 if I on my own decide that somebody looks like they can't
17 be fair in this process, I'll simply excuse them, and you
18 won't have to go through that process.
19 After that part is done, there is another set of
20 challenges that's called peremptory challenges.
21 Peremptory challenges are challenges you can take for
22 just about any reason. Those challenges are taken kind
23 of more in a secretive form. So what happens is Michelle
24 will go first to the plaintiff and ask whether they have
25 any peremptory challenges.
13
1 And when we're talking about peremptory
2 challenges, we're talking about those individuals that
3 are still seated and would be seated in seats 1 through
4 8. And if somebody has been excused before we get there
5 because they can't do it or they have a physical
6 difficulty or can't sit for the trial and I have excused
7 them, again, recognize that Juror No. 9 would move into
8 that spot. And so we're really talking about the first
9 eight jurors that are still seated.
10 If you want to challenge one of those as a
11 peremptory challenge, they will go first, you'll go
12 second. And again, recognize, as soon as they challenge
13 one, the next person in line will be filling that empty
14 seat. Then you'll go second. They'll go third. You'll
15 go fourth. They'll go fifth and you'll go sixth. You
16 each get three challenges, and it rotates back and forth.
17 So Michelle will bring you a piece of paper. If
18 you don't want to challenge anybody, you don't have to.
19 If you do, limit it to the people that will fall in those
20 first eight positions. After that, I will announce who
21 is the jury for the trial, excuse the rest of the panel,
22 thank them for their service.
23 I will then do some explaining, I'll give them
24 some preliminary instructions. Then we're going to move
25 from there into opening statements.
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1 After the opening statements are done, the
2 plaintiffs will get to present their case. After the
3 plaintiff has rested, you'll get to present your case.
4 After the evidence has all been received, both sides have
5 presented their cases, we'll move to closing arguments.
6 I will then instruct the jury, and they'll begin their
7 deliberations.
8 That's kind of a brief outline of how the process
9 will work.
10 MS. COX: Okay. Thank you,
11 THE COURT: Do you have any questions?
12 MS. COX: Not at this time.
13 THE COURT: Okay. Anything else from the
14 plaintiff?
15 MR. AMAN: No, Your Honor.
16 THE COURT: Okay. Then I will step off the bench
17 while we go round up the jury, and we'll begin our trial.
18 (A recess is then taken. The Court, counsel, the
19 parties, and the panel of prospective jurors reconvene.)
20 THE CLERK: Please be seated.
21 THE COURT: Good morning. My name is Marco
22 Hernandez. We're going to be selecting a juror for the
23 matter of Obsidian Finance Group, LLC and Kevin Padrick
24 versus Crystal Cox.
25 The first thing that needs to happen is we need
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1 to put into our jury box all of you, so we're going
2 to -- she's going to call your numbers and your names,
3 and we're going to have you seated in the jury box, and
4 then we'll move on with the trial.
5 Go ahead and call the first juror.
6 THE CLERK: No. 1, Joe Ferguson.
7 THE COURT: Mr. Ferguson, if you wouldn't mind
8 coming up and seating yourself in the first seat, back
9 row, to my left.
10 THE CLERK: William Deane.
11 THE COURT: Come on up. Take the next chair next
12 to Mr. Ferguson.
13 THE CLERK: Loretta Goldy.
14 Carla Kelley.
15 There are also gates at the other end if you want
16 to enter.
17 Michael O'Neil.
18 Andrew Kroha.
19 Regina Bartussek-Davis.
20 Patrick O'Leary.
21 Earl McClain.
22 THE COURT: Mr. McClain, you'll be in the front
23 row here to my left.
24 THE CLERK: Mary Cornelius.
25 Joseph Whittington.
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1 Janis Shenkman.
2 Leslie Kearsey.
3 Mary Campbell.
4 Shirley Underwood.
5 Kristin Witte.
6 Lanya Rodgers.
7 THE COURT: Ms. Rodgers, would you tell sit right
8 here in front of the jury box. We have a couple extra
9 chairs there.
10 THE CLERK: Susan Olson, and Shane Cline.
11 THE COURT: The parties want to get to the
12 portion of a process where I ask you questions, and then
13 they get to ask you some follow-up questions. Before
14 anybody gets questioned in court, however, those
15 individuals being questioned must take an oath to answer
16 the questions truthfully. So I need all of the potential
17 jurors, those of you in the box and those of you in the
18 front at this time, to stand up, raise a hand and take an
19 oath.
20 (The panel of prospective jurors is then sworn.)
21 THE CLERK: Thank you.
22 THE COURT: Go ahead and be seated.
23 As I told you at the beginning, we're selecting a
24 jury for the matter of Obsidian Finance Group and Kevin
25 Padrick versus Crystal Cox. My name is Marco Hernandez.
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1 This is Michelle Rawson. She will be swearing witnesses
2 and acting as the bailiff in this case.
3 The plaintiffs are being represented this morning
4 by David Aman.
5 Mr. Aman, you can introduce those individuals
6 with you at your table.
7 MR. AMAN: Good morning. This is Kevin Padrick,
8 who is one of the plaintiffs. He's also the senior
9 principal for Obsidian Finance Group. And this is Karen
10 Bachman, who works at my firm.
11 THE COURT: Have a seat.
12 The defendant in this case is Ms. Cox.
13 Go ahead and stand up, so everybody can see you.
14 MS. COX: Crystal Cox.
15 THE COURT: Go ahead and have a seat.
16 Your job as jurors is to apply the facts to the
17 law which I will give you. This is a civil case. It's
18 not a criminal case. You may have seen criminal cases on
19 television or in the movies and know that in a criminal
20 case the prosecutor is required to prove the defendant
21 guilty beyond a reasonable doubt.
22 Civil cases are different. In civil cases the
23 party who has to prove something only has to prove that
24 it is more likely true than not true.
25 In a few minutes, I'm going to be asking you
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1 questions. After I have completed my questions, the
2 lawyers will be given an opportunity to ask follow-up
3 questions. I said the lawyers -- the parties.
4 The purpose of the questions is not to argue the
5 case or embarrass you, but rather to determine your
6 qualifications to act as jurors in this case. Please
7 respond to questions honestly and sincerely. If you do
8 not understand a question, ask us to repeat it or ask us
9 to say it in another way.
10 Since you are in an unfamiliar setting, among
11 strangers, it may be uncomfortable for you to be open and
12 honest and complete in your answers to our questions.
13 This process requires you to overcome your discomfort and
14 do your best to be open and honest and complete when you
15 answer. It's extremely important, and the fairness of
16 the trial depends on your honesty. If you are asked a
17 question that involves something that you consider very
18 sensitive or private, tell us so, and we'll arrange to
19 receive your answer outside the presence of everybody.
20 When the questioning is completed, you will be
21 excused briefly. Actually, I'll probably just keep you
22 in here while we decide who is going to sit on this
23 trial. Then after that, I will release those of you who
24 aren't going to be participating in the trial. If you're
25 not selected, please do not feel that your attendance has
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1 been without value. We need a substantial group of
2 potential jurors so that an impartial jury panel can be
3 selected, and all of you who are here contribute to the
4 process.
5 So the first place that I want to begin with
6 questioning is that I'm going to put on your screen a
7 series of questions. Those of you in front won't have
8 it. I'll get you a copy so you can see it.
9 Just look at those questions. We're going to go
10 down the row one by one. They're actually not questions.
11 They're more statements, telling us a little bit about
12 yourself, if you can just go down the list briefly and
13 respond to each of the points that are going to be put on
14 your screen there.
15 Are they up on your screen? Can you see that
16 okay?
17 JUROR NO. 1: Yes.
18 THE COURT: Since you're in seat No. 1, you get
19 to go first. That's the big privilege of being No. 1.
20 So just go through each of those points quickly, and
21 we'll go down the line.
22 JUROR NO. 1: My name is Joe Ferguson. I live
23 here in Portland, Oregon. My wife resides with me. I'm
24 a land surveyor, and my wife works at my office. We have
25 both attended college. I belong to Professional Land
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1 Surveyors of Oregon and my local church. I like hiking
2 and walking my dogs. I have been an expert witness and a
3 juror in the past.
4 THE COURT: Hang on just a second.
5 Can you tell us what your expertise was in?
6 JUROR NO. 1: Land surveying.
7 THE COURT: I thought so. I wanted to
8 double-check.
9 And you said you've been a juror in the past.
10 Can you tell us whether that was in federal or in state
11 court or in municipal court perhaps? Do you remember?
12 JUROR NO. 1: Boy, it's been a long time. I
13 believe it was Multnomah County court.
14 THE COURT: And do you remember whether the case
15 was a criminal case or whether it was a civil case?
16 JUROR NO. 1: I believe it was civil.
17 THE COURT: Okay. And do you remember what kind
18 of a case it was?
19 JUROR NO. 1: No, I do not.
20 THE COURT: Okay. Thank you.
21 Next.
22 JUROR NO. 2: Good morning. My name is Bill
23 Deane. I live in Lake Oswego. I live with my wife. My
24 kids are in college. My occupation is video producer and
25 director, and my wife's occupation is she works for the
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1 school district with the special ed kids. We both are
2 college graduates. We both belong to a church in Lake
3 Oswego. My hobbies are my pets, gardening, hiking, being
4 out on the water.
5 I have appeared in a court before as a witness, a
6 civil case, I believe.
7 THE COURT: Do you remember the nature of the
8 case?
9 JUROR NO. 2: It was age discrimination.
10 THE COURT: Okay.
11 JUROR NO. 3: My name is Loretta Goldy. I live
12 in Southwest Portland. I reside with my husband, and he
13 is a retired history -- excuse me. I'm the history
14 faculty member. He's a retired CIS instructor at
15 Portland Community College. I'm currently working at
16 Portland Community College, 17 years as a history
17 instructor, and currently as a division dean. We both
18 have master's degrees.
19 What organizations? The American Historical
20 Association and the United States Holocaust Museum.
21 Hobbies: horseback riding, motorcycle riding. And I,
22 many years ago, served as a juror.
23 THE COURT: Do you remember the nature of the
24 case?
25 JUROR NO. 3: It was a criminal trial.
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1 THE COURT: Okay. And can you just tell us what
2 a CIS instructor is?
3 JUROR NO. 3: Computer information systems.
4 THE COURT: Thank you.
5 JUROR NO. 4: My name is Carla Kelley, and I live
6 in Northwest Portland. I live with my fiancee. And I am
7 an attorney and he is -- works on an IT help desk. And I
8 have a JD. He has a BA. I'm active in the City Club of
9 Portland. I like to hike and bike, and I perform as a
10 singer. And I have appeared in a court proceeding as a
11 lawyer, but I've never been a juror before.
12 THE COURT: Can you tell us the -- they're going
13 to want to know what your practice is all about.
14 JUROR NO. 4: Actually, I am in-house counsel for
15 the Port of Portland. I'm the general counsel for the
16 Port.
17 THE COURT: And is that your entire law career?
18 JUROR NO. 4: No, it is not. I formerly
19 practiced as in-house counsel for Northwest Natural, the
20 gas company. Prior to that, I was with the law firm of
21 Miller Nash.
22 THE COURT: And did you ever do any work in a
23 defamation case?
24 JUROR NO. 4: I believe I had -- did some
25 research on that while I was at Northwest Natural.
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1 THE COURT: And do you remember anything
2 about -- this is a yes or no question. I don't really
3 want an explanation. Do you remember anything about the
4 details of the law regarding defamation or anything like
5 that?
6 JUROR NO. 4: Probably just what I learned for
7 the bar exam.
8 THE COURT: All right. Thank you.
9 JUROR NO. 5: All right. Hi. My name is Michael
10 O'Neil, and I live in Southeast Portland. I'm single,
11 and I currently work as a business analyst for a
12 freight-forwarding company.
13 I don't belong to any clubs. My hobbies, I like
14 to play and record music. And I've never been in a court
15 as a witness, a juror, or a party.
16 THE COURT: Thank you.
17 JUROR NO. 6: Good morning. My name is Andrew
18 Kroha. I live`in Southwest Portland. I reside by
19 myself. I am retired. I have a bachelor of science
20 degree from Florida State University. Currently I don't
21 belong to any organizations or clubs. I enjoy travel,
22 sports cars, spectator sports, hiking. And I have
23 appeared as a juror previous.
24 THE COURT: Do you remember the nature of the
25 case?
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1 JUROR NO. 6: It was a civil trial.
2 THE COURT: And do you remember what the issue
3 was at the civil trial?
4 JUROR NO. 6: Compensation for an injury.
5 THE COURT: Thank you.
6 JUROR NO. 7: Good morning. My name is Regina
7 Bartussek-Davis. I live in Milwaukie with my husband and
8 son. I'm a legal secretary for an estate and tax
9 planning attorney here in Portland. My husband is a mail
10 carrier for the post office. My husband and I both have
11 some college. And I belong to some scrapbooking and
12 stamping clubs. That's my main hobby. I also enjoy
13 watching my son play baseball. And I've never appeared
14 in court.
15 THE COURT: As a legal assistant, I understand --
16 you said it was an estate practice?
17 JUROR NO. 7: Yes.
18 THE COURT: Have you ever been a legal assistant
19 for a lawyer who has a different practice?
20 JUROR NO. 7: No. It's only been estate
21 planning.
22 JUROR NO. 8: Hi. My name is Patrick O'Leary,
23 resident of McMinnville, Oregon. I have a spouse, four
24 daughters, and I'm a steelworker. She is employed with
25 the school district. No organizations or clubs at this
25
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1 time. Hobbies, for myself, fishing; and also traveling
2 throughout the local three states on girls' softball,
3 traveling for my daughters. And as far as appearing in
4 court, just a small claims court.
5 THE COURT: Thank you.
6 Would you hand the microphone down to -- is it
7 Ms. Witte?
8 JUROR NO. 16: My name is Kristin Witte. I live
9 in West Linn, Oregon, with my parents. I'm a recent
10 graduate from Oregon State University. Right now I'm
11 working at Alpha Broadcasting in promotions. I belong to
12 my church in West Linn, and I like to play soccer,
13 basketball and run. And I've never appeared in court.
14 THE COURT: And what was your degree in?
15 JUROR NO. 16: Communications.
16 THE COURT: Thank you.
17 JUROR NO. 15: Hi. I'm Shirley Underwood. I
18 live in Tigard with my husband. I work for Enterprise
19 Fleet Management, and my husband is a DJ. I'm a high
20 school graduate, my husband as well, no college
21 education. And we don't belong to any organizations or
22 clubs. I don't really have any hobbies. And I have
23 appeared as a juror in Washington County many years ago.
24 THE COURT: Do you remember what the nature of
25 the case was?
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1 JUROR NO. 15: It was like kids throwing eggs at
2 a house or something.
3 THE COURT: Criminal case.
4 JUROR NO. 15: Criminal that would be, okay.
5 THE COURT: Thank you.
6 JUROR NO. 14: My name is Mary Campbell. I live
7 in Beaverton with my husband. Our kids are both away at
8 college. I work for a hospital laboratory, and my
9 husband has a machine shop. We are both college
10 educated. We don't have any clubs, now that our kids
11 have moved on. We like to camp and raft. And I have not
12 been in any court proceedings.
13 THE COURT: Thank you.
14 JUROR NO. 13: I'm Leslie Kearsey. I live in the
15 Hawthorne area of Southeast Portland with my husband and
16 my two kids. I am a -- it's called a GETS rep. It's a
17 genomic and esoteric testing specialist at Quest
18 Diagnostics. My husband is a musician. We both are
19 college educated.
20 We belong -- I belong to the American Society of
21 Clinical Pathologists and the Portland Art Museum. I
22 like to ski and cook and read thick historical novels,
23 and I've never been part of a jury or a witness or
24 anything.
25 THE COURT: Thank you very much.
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1 JUROR NO. 12: My name is Janis Shenkman. I live
2 in the Parkrose area of Portland. I'm retired from
3 Kaiser Permanente. I worked in the radiology department.
4 My husband is retired from Reynolds Aluminum.
5 I have an adult daughter living at home. I also
6 have a 13-year-old grandchild living with us. I don't
7 belong to any organizations. I like mahjong. I like
8 playing with my dog. I like going to the coast. I have
9 been a juror in Multnomah County, in a civil and in a
10 criminal court proceeding.
11 THE COURT: Do you remember what the civil
12 proceeding was about?
13 JUROR NO. 12: I do. It was regarding the
14 liability of bungee cords --
15 THE COURT: Interesting.
16 JUROR NO. 12: -- for holding sheets of wood on
17 top of a car.
18 THE COURT: Okay. Thank you.
19 JUROR NO. 12: Thank you.
20 JUROR NO. 11: Good morning. My name is Joe
21 Whittington. I live in Beaverton, Oregon with my spouse.
22 My current occupation is a mountain guide. I own a guide
23 service, and we do international trips, mostly to Nepal
24 and China, Tibet. My wife is a retired travel manager.
25 Both my wife and I have several degrees.
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1 I belong to American Mountain Guides Association,
2 Mazamas, American Alpine Club, Mt. Hood Miata Club. And
3 hobbies, I like climbing, backpacking, snow sports,
4 reading, photography. And I was called as a juror in
5 Washington County, but was dismissed.
6 THE COURT: Thank you.
7 JUROR NO. 10: My name is Mary Cornelius, and I
8 live in the Mt. Tabor area of Portland with my husband.
9 He is a retired master goldsmith and a disabled veteran.
10 I am a professional photographer, specializing in
11 equestrian sports. We both have some college.
12 Organizations, clubs, mainly horse -- horse
13 training oriented and dog oriented. Hobbies would be
14 with the dogs and motorcycles and gardening and art.
15 I've not appeared in court proceedings before.
16 THE COURT: Thank you.
17 JUROR NO. 9: My name is Earl McClain. I live in
18 Hillsboro. I live by myself. My wife is deceased. I am
19 retired. When I was working, I was an estimator for a
20 commercial fixture company in Portland.
21 My education, I'm college educated. I'm a
22 collector of antiques and historical trivia, and that is
23 the center of my hobbies and activities these days.
24 As far as court proceedings, I was a juror in a
25 criminal case about two months ago in Washington County.
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1 THE COURT: Thank you.
2 Michelle, could you get the sheet from the
3 projector.
4 JUROR NO. 17: Hello. My name is Lanya Rodgers.
5 I reside in Tigard, Oregon. I stay there with my two
6 children. I am married, but my husband is incarcerated.
7 I have not been to college. I don't belong to any
8 organizations or clubs. I don't really have any hobbies
9 outside of being with my girls. I have not appeared in
10 court proceedings.
11 THE COURT: Thank you.
12 JUROR NO. 18: Good morning. My name is Susan
13 Olson. I live in Southwest Portland with my husband and
14 three daughters. I am a professor of molecular medical
15 genetics at Oregon Health & Sciences University. My
16 husband is a retired schoolteacher. I have a Ph.D. and
17 my husband has a master's.
18 I belong to the American College of Medical
19 Genetics and American Society of Human Genetics and an
20 international philanthropic educational organization. I
21 play the piano. My whole family dances. I have appeared
22 as an expert witness in court. I have served on two
23 criminal trials as a juror. That's it.
24 THE COURT: I assume your expert testimony has to
25 do with molecular genetics.
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1 JUROR NO. 18: Yes.
2 THE COURT: Thank you.
3 JUROR NO. 19: Hi. My name is Shane Cline. I
4 live in West Linn, Oregon with my three-year-old son and
5 my wife. I am a civil engineer with a specialty in water
6 resources, and my wife is an environmental planner. We
7 both work for consulting firms locally. I have a
8 master's. My wife has a bachelor's, with some work on
9 her master's degree, although she didn't finish.
10 I am involved in some civil engineering
11 professional societies, although not actively. When I'm
12 not raising my son, I enjoy gardening, outdoor
13 activities, and lately home brewing and wine making. I
14 have appeared as a juror for both a criminal and a civil
15 matter.
16 THE COURT: And the civil matter, what was it
17 about?
18 JUROR NO. 19: The civil matter was damages being
19 awarded based on an accident, car accident.
20 THE COURT: All right. Thank you.
21 So now that we've gotten to know you a little
22 bit, I have some more specific questions that I'm going
23 to pose. And these are questions when I ask you, you can
24 just respond by raising your hand; and I may have some
25 follow-up questions for you.
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1 So the first more particular question I have is
2 whether any of you know the lawyers or any of the
3 parties. And if so, please raise a hand.
4 Ma'am?
5 JUROR NO. 4: I believe I've met Mr. Padrick. I
6 don't remember when.
7 THE COURT: You said you have worked at Miller
8 Nash, and I think Mr. Padrick worked at Miller Nash.
9 That may be where you met him.
10 JUROR NO. 4: That would probably be where I met
11 him.
12 THE COURT: Everybody is entitled to a fair trial
13 in this case. Is there anything about your having known
14 Mr. Padrick that would have you favor his side or the
15 other side, for that matter?
16 JUROR NO. 4: I don't think so.
17 THE COURT: Do you remember having any
18 conversations with him or anything like that? Or is it
19 so long ago you just remember his name and face?
20 JUROR NO. 4: I left that firm in 1989.
21 THE COURT: Okay. So it's been a long time. All
22 right.
23 JUROR NO. 19: Probably insignificant. I
24 think -- I'm not sure of her name. I think we shared a
25 bus, basically, commuting.
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1 THE COURT: Who are you referring to?
2 JUROR NO. 19: The woman here (indicating).
3 THE COURT: Okay.
4 JUROR NO. 19: I think we shared a train. I
5 don't know her name. I don't think we spoke. I just
6 recognize her.
7 THE COURT: Okay. I assume there is nothing
8 about that that would cause you so you couldn't be
9 neutral in this case?
10 JUROR NO. 19: I wouldn't think so.
11 THE COURT: Anybody else?
12 I'm going to have the parties tell us who your
13 potential witnesses are.
14 Do you have your witness list with you and
15 available?
16 MR. AMAN: Yes, Your Honor.
17 THE COURT: Why don't you go ahead and let the
18 jurors know who your potential witnesses are.
19 Then I'm going to ask you the same questions,
20 whether you know those names or recognize them.
21 MR. AMAN: Mr. Padrick, David Brown, Patty
22 Whittington, Gary Stachlowski, and Robert Madrigal.
23 THE COURT: And David Brown, can you tell us
24 about who that is?
25 MR. AMAN: Certainly. David Brown is the other
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1 principal at Obsidian Finance.
2 THE COURT: Anybody recognize those names, think
3 you might know those individuals?
4 JUROR NO. 7: I recognize Gary Stachlowski's name
5 from our practice, CPA.
6 THE COURT: And you just know him as a CPA. Do
7 you know anything else about him, other than he's a CPA?
8 JUROR NO. 7: Just as a CPA, and I know he works
9 with some of our clients that we've got.
10 THE COURT: Anything about that that would cause
11 you to not be able to be fair and neutral in this case?
12 JUROR NO. 7: No, not at all.
13 THE COURT: Anybody else?
14 And, Ms. Cox, I know that you may be calling some
15 of those same witnesses. Do you have any additional
16 witnesses that you will be calling in this case?
17 MS. COX: No, I do not.
18 THE COURT: So you've heard a little bit about
19 what this case is about. This is a defamation case. The
20 plaintiffs contend that the defendant published
21 defamatory and false statements about them on an Internet
22 blog. Defendant denies the plaintiffs' contentions.
23 Has anybody -- any of you heard about this case,
24 either on news reports on television, radio, anything?
25 If so, please raise a hand.
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1 Have any of you ever participated in a lawsuit?
2 I know some of you are lawyers, but I'm talking more on a
3 personal basis, you, yourself, have been involved in a
4 lawsuit, either as a plaintiff or a defendant.
5 You've participated in a lawsuit? Okay. And can
6 you tell me what the nature of the lawsuit was?
7 JUROR NO. 17: It was work related and an injury.
8 THE COURT: Okay. That's fine. Thank you.
9 There was a hand raised in the back?
10 JUROR NO. 4: I was divorced.
11 THE COURT: Okay.
12 JUROR NO. 11: I was divorced, also.
13 THE COURT: I don't really care about divorce.
14 We'll skip that one.
15 Have any of the potential jurors ever served in a
16 leadership position on a board, school board, charitable
17 organization, PTA, or religious organization? If so,
18 please raise a hand.
19 Several hands.
20 Tell me what the name of the organization was.
21 JUROR NO. 1: Professional Land Surveyors of
22 Oregon.
23 THE JUROR: Okay.
24 JUROR NO. 4: I chaired a section of the Oregon
25 bar, and I was on the Board of Governors of the City Club
35
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1 of Portland.
2 THE COURT: Thank you.
3 JUROR NO. 14: I was on the board for the Sunset
4 High School marching band.
5 THE COURT: Thank you.
6 JUROR NO. 11: I served several positions in the
7 Mazamas. I'm currently the chair of our neighborhood
8 group in West Slope, Beaverton, and PTA student advisory
9 committee for the schools, president of the soccer
10 association. Anything that I've been involved in, I've
11 usually been in a leadership role.
12 JUROR NO. 18: I've served in the past as the
13 president of the alumni association for the School of
14 Medicine. I'm also a director of the genetic testing
15 laboratory at OHSU.
16 THE COURT: Thank you.
17 JUROR NO. 19: And I was board member of the
18 American Society of Civil Engineers, the local chapter
19 here, and also the president of their technical branch,
20 water resources related.
21 THE COURT: Thanks.
22 This next question is really broad. It has to do
23 with whether or not you regularly access the Internet.
24 Now, I'm going to assume that almost all of you regularly
25 access the Internet during the day or week or something
36
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1 like that.
2 Is there anybody that doesn't regularly use the
3 Internet? No hands have been raised.
4 For those -- so that means everybody else, then
5 the next question is: Do any of you participate in any
6 blogs or postings? Do any of you participate in those
7 kind of things? If so, please raise a hand.
8 And can you tell me what the name of the blog
9 that you participate in is or what kind of blogs you
10 participate in?
11 JUROR NO. 10: Mostly photographic, equestrian
12 photography blogs.
13 THE COURT: Then there was a hand in the back.
14 JUROR NO. 8: OregonLive for softball forums.
15 THE COURT: So in OregonLive, you read the news;
16 and then at the bottom, where the comment section is, you
17 may enter a comment from time to time?
18 JUROR NO. 8: May enter a comment. You could be
19 looking for a player. You could do any kind of
20 information for softball, or also Facebook, if that's
21 considered --
22 THE COURT: Okay. That's fine. That's social
23 media. That's a little bit different.
24 Anyone else that participates in blogs?
25 Blogs that I'm talking about is where somebody
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1 puts up an opinion and it is an ongoing conversation
2 where people participate in either reading or sending
3 information in response to ongoing information that's
4 posted on the Internet, kind of like an on-board
5 conversation.
6 Anyone else?
7 JUROR NO. 4: Facebook off and on.
8 THE COURT: Okay.
9 JUROR NO. 1: A surveyor chat room.
10 THE COURT: Right.
11 JUROR NO. 1: And then I did follow a story that
12 was related to my industry some months back.
13 THE COURT: Thank you.
14 Any of you that are on the jury that have strong
15 feelings positively or negatively about the legal system
16 in general? You just have strong feelings, you don't
17 like it or you do like it, you feel strongly one way or
18 the other, please raise a hand.
19 Ma'am?
20 JUROR NO. 17: I just think from my experience in
21 my life, certain things I thought were unfair.
22 THE COURT: Okay. So at least from your
23 perspective, the legal system has not treated you or
24 someone you love in a fair manner.
25 JUROR NO. 17: Right.
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1 THE COURT: Anybody else?
2 Do any of you more specifically have strong
3 feelings one way or the other about the legal system and
4 the way it may or may not compensate people for damages
5 that they have suffered? If you have strong feelings
6 about that one way or the other, please raise a hand.
7 No hands have been raised.
8 So then let me go back and wrap up at least my
9 portion of this. Is there anything that I have said so
10 far about the nature of the case, what we're going to be
11 listening to today -- and I know you know very little so
12 far -- that would make you feel as though you cannot be
13 fair and impartial to both sides of this case? And, if
14 so, please raise your hand.
15 I believe this trial will -- it may finish today.
16 It may go into tomorrow. But I fully expect we will be
17 finished by the end of tomorrow if we don't finish today.
18 I don't know what they told you about how much
19 time to expect to be available for the trial, if they
20 told you anything. But does the fact that we may end up
21 finishing tomorrow as opposed to today create an
22 impossibility for anybody regarding their term of
23 service? Before you raise your hand, by the way, your
24 definition and my definition of "impossibility" will be
25 different.
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1 So if you cannot sit through tomorrow, if that's
2 a big problem for you, please raise your hand.
3 JUROR NO. 17: My concern was that I -- because I
4 am a single mother with two children, and they're in
5 school, if the school were to call, how would that
6 affect --
7 THE COURT: We would deal with that. I'm
8 flexible on those kinds of things. I have answers for
9 that.
10 JUROR NO. 17: Okay.
11 THE COURT: Anybody else?
12 Then what I'm going to do is I'm going to turn to
13 the parties now and see whether they have any follow-up
14 questions to the questions that I have posed to you.
15 Follow-up questions?
16 MR. AMAN: Yes, Your Honor, just a few.
17 THE COURT: Go ahead.
18 MR. AMAN: Thank you very much.
19 Mr. -- I hope I'm pronouncing this correctly --
20 Mr. Kroha, you mentioned that you're retired. Can you
21 tell us a little bit about what kind of work you did
22 before you retired?
23 JUROR NO. 6: I retired from the postal service.
24 MR. AMAN: Thank you.
25 Ms. Kearsey, I have to ask if you could describe
40
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1 what your job is. I couldn't quite follow it from the
2 explanation, so maybe you can tell us about it.
3 JUROR NO. 13: Basically I have a medical
4 laboratory background, and I'm in sales, so I'm like a
5 specialty sales rep that talks about the more complicated
6 laboratory tests.
7 MR. AMAN: Okay. Thank you very much.
8 Mr. O'Neil, you mentioned that you were a
9 business analyst. Can you tell us a little bit more
10 about your job and what you do?
11 JUROR NO. 5: We're developing a brand-new
12 freight-forwarding system. It's going to be released in
13 February, a couple months, and I'm responsible for
14 talking to the business and communicating the
15 requirements to the software developers.
16 MR. AMAN: So sort of helping problem solve, make
17 sure it does what it's supposed to do?
18 JUROR NO. 5: Exactly.
19 MR. AMAN: Thank you.
20 And, Mr. Ferguson, just a quick follow-up
21 question. I think I heard you say -- is it you and your
22 wife that are in your business together, running your
23 business?
24 JUROR NO. 1: Along with three or four employees,
25 yes.
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1 MR. AMAN: Okay. Thank you very much.
2 No further questions, Your Honor. Thank you.
3 THE COURT: Thank you.
4 Ms. Cox, do you have any follow-up questions?
5 MS. COX: Yes, I do. I'd like to ask Carla
6 Kelley a question.
7 Did you work at Miller Nash the same years that
8 Kevin Padrick did?
9 JUROR NO. 4: I'm not sure which years he was
10 there. I was there from '86 through '89, and I know he
11 was there for some of that time, if not all.
12 MS. COX: Did you ever work any cases with him in
13 any way?
14 JUROR NO. 4: You know, I was a young associate,
15 and I did a lot of different things. It is possible that
16 I did something for him, but nothing that -- I just don't
17 recall.
18 MS. COX: Are you familiar with the Summit 1031
19 bankruptcy out of Bend, Oregon?
20 JUROR NO. 4: I am not.
21 MS. COX: Okay. Thank you. That's it.
22 I'd like to ask Regina Davis questions.
23 THE COURT: Sure.
24 And by the way, it's fair to ask: Is anybody on
25 the panel familiar with the 1031 Summit bankruptcy? If
42
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1 so, please raise a hand.
2 MS. COX: That was going to be one of my
3 questions.
4 THE COURT: Oh, okay.
5 MS. COX: Well, do you have any strong -- you're
6 not familiar with the Summit bankruptcy at all?
7 JUROR NO. 7: No, not at all.
8 MS. COX: And do you have any experience in
9 bankruptcy liquidations?
10 JUROR NO. 7: No.
11 MS. COX: Have you worked on projects with Gary?
12 JUROR NO. 7: No.
13 MS. COX: That's all, then.
14 I'd like to ask William Deane a question, too.
15 THE COURT: That's Juror No. 2.
16 MS. COX: Are you familiar with Obsidian Finance
17 Group?
18 JUROR NO. 2: I am not.
19 MS. COX: So you've never done any video work for
20 them?
21 JUROR NO. 2: No.
22 MS. COX: All right. That's all I have. Thank
23 you.
24 THE COURT: Do the plaintiffs have any challenges
25 for cause?
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1 MR. AMAN: I saw one of the jurors raise a hand,
2 Your Honor.
3 THE COURT: You're Ms. Campbell.
4 JUROR NO. 14: Yes. You asked about Summit
5 Securities. I think we may have had some money with
6 them. I honestly don't recall.
7 THE COURT: We, as in your family?
8 JUROR NO. 14: Yeah. I'm embarrassed to say I
9 think we did, but I don't manage that part of it. But it
10 seems like I saw an envelope and their name on it.
11 THE COURT: Okay. Thank you.
12 MR. AMAN: No challenges for cause, Your Honor.
13 THE COURT: Ms. Cox, do you have any challenges
14 for cause?
15 MS. COX: I'm not sure what that is.
16 THE COURT: Well, you'll have a chance to take
17 peremptory challenges, which is our private one. But if
18 you have a challenge because you feel there is a bias on
19 the part of any of these jurors, now would be the time.
20 MS. COX: So say I object to a certain one?
21 I do feel that Carla Kelley has a conflict of
22 interest, yes.
23 THE COURT: Your objection is overruled.
24 You may take your peremptory challenges now.
25 (The peremptory challenges are then taken.)
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1 THE COURT: The following individuals will be our
2 jury: Joe Ferguson, Loretta Goldy, Michael O'Neil, Earl
3 McClain, Joseph Whittington, Janis Shenkman, Leslie
4 Kearsey, and Mary Campbell.
5 The rest of you are excused. Thank you very much
6 for your service. We appreciate your attention. You're
7 free to go.
8 (The remaining prospective jurors leave the
9 courtroom.)
10 THE COURT: Go ahead and have a seat, please.
11 The bailiff is going to give you an oath right
12 now to well and truly try this case. So I need all the
13 jurors in the box at this time to stand up, raise a hand,
14 and take an oath.
15 (The jury is then sworn.)
16 THE CLERK: Thank you.
17 THE COURT: Go ahead and have a seat. We're
18 going to be taking our morning recess at this time.
19 Before we do that, I have to give you an instruction.
20 This is my version of the instruction that I will give to
21 you in more detail when you come back after the break.
22 Basically the instruction that's most important
23 at this juncture is the one that says do not talk about
24 this case amongst yourselves or with anyone else until
25 you begin your deliberations at the end of the trial. So
45
1 when you go back there, don't talk about the case.
2 Also, because I am allowing you to keep your
3 electronic devices, don't do any research on those
4 electronic devices about any of the parties, about any
5 blog posts, about the law that might apply to this case,
6 about the judge, about anything that might be connected
7 with this case. You're not to do any research.
8 All the information that you're going to need and
9 be able to use to decide this case must come from this
10 courtroom, from the evidence that you'll hear, from the
11 law that I give you, and from any exhibits that happen to
12 be received in evidence. That's what you will use to
13 make this decision. And it's imperative that you only
14 use those things to make your decision, as opposed to
15 seeking out information from outside sources, so please
16 don't do that.
17 So with that precautionary instruction, go ahead.
18 Michelle will escort you into the jury room, and we will
19 be in recess for about 15 minutes. Thank you.
20 (The jury leaves the courtroom.)
21 THE COURT: Okay.
22 MR. AMAN: One very brief matter for the Court.
23 THE COURT: Ms. Cox, you may want to step back up
24 to the table.
25 MR. AMAN: As you recall, we took Ms. Cox's
46
1 deposition yesterday. We got the transcript back. We've
2 designated portions of the transcript that we plan to
3 offer into testimony today. I've given Ms. Cox a copy of
4 what we plan to offer. I'd like to hand it to the Court,
5 and we'll submit it.
6 THE COURT: Okay. Thank you. We're in recess.
7 (A recess is then taken. The Court, counsel, and
8 the parties reconvene.)
9 THE COURT: Mr. Aman, I'm been kind of tussling
10 around in my head your exhibit that you mentioned earlier
11 involving the cease and desist letter. And I assume the
12 reason you want it into evidence -- and you can correct
13 me if I'm wrong -- is to show that at the time she
14 published the post that's in issue here, the bankruptcy
15 post, that she knew that the statements were false
16 because you had alerted her, these are false statements,
17 and she went ahead and started the new post anyway. Am I
18 right? Am I on the right track?
19 MR. AMAN: You are on the right track. She
20 refers to the cease and desist letter in the posting, and
21 it shows the process and the context in which she made
22 the posting.
23 THE COURT: So here's what I'm wrestling with.
24 What I'm wrestling with, as you stated it, is that the
25 claim that exists before the Court is a strict liability
47
1 claim. In other words, her mental state is irrelevant.
2 It's not relevant for any purpose that I can see. The
3 elements are she made a statement, it was defamatory, it
4 was false, and you were harmed. And if that's true,
5 you're entitled to recover. Whether she knew it was
6 false or not is not one of the elements.
7 So if you introduce that evidence, what I'm
8 tossing around in my head is then her response to that,
9 which explains why she did it, you know, why she thought
10 it was true, that door gets opened up.
11 MR. AMAN: Your Honor, I guess this is one of the
12 pretrial issues that we were raising, which is I don't
13 know whether or not you're going to let into evidence her
14 statements about -- about the basis for her -- the basis
15 for her statements. Let's put it that way. We still
16 don't know at this point.
17 And so if it's clear that she can't offer any of
18 that evidence, then that would be one thing. But I don't
19 know at this point whether or not she's going to be
20 allowed to offer that evidence, because she's -- she's
21 already indicated that she's going to.
22 THE COURT: And what I'm suggesting to you is it
23 may be better -- because I think if you go down the road
24 that -- and it isn't just this letter that we're talking
25 about, the cease and desist letter. It goes to her
48
1 knowledge. And you introduce a bunch of evidence that
2 shows not only that she was kind of reckless in the way
3 she was producing it, it doesn't go to its truth. It
4 goes to "It's reckless and she ought to be punished for
5 this" is the message the jury is going to get, because
6 the behavior is so outrageous and out of line.
7 None of that is really relevant for the
8 defamation case. If there were punitive damages, it
9 would be. But there aren't.
10 All I'm saying is if you go down that path, I
11 believe you may be opening doors for her to respond by
12 saying, "Wait a minute. I'm not a bad person and I'm not
13 reckless, and here's why I did what I did." Do you
14 understand?
15 MR. AMAN: I understand the point, Your Honor.
16 What I'm struggling with a little bit is --
17 THE COURT: So what I'm saying to you, the
18 defamation case, at its root, is: Was there a false
19 statement? Did she make it? Was it defamatory? Was it
20 published? Are we harmed?
21 I think that's it. Whether she had knowledge,
22 whether she was reckless, whether she was mean spirited
23 about it, all of that is out of the case because I ruled
24 in your favor on all of those First Amendment issues. So
25 none of that matters anymore.
49
1 MR. AMAN: Then let me -- then I have to ask,
2 Your Honor, are you going to preclude her from offering
3 testimony about her knowledge and about the reasons why?
4 THE COURT: Yes.
5 MR. AMAN: If that's clear, then I understand the
6 Court's ruling. She's not going to be able to testify to
7 those things or talk about it in her opening statement.
8 If that's very clear, then I understand the Court's
9 ruling that I can't offer the cease and desist letter.
10 But she can't take the position that there was some
11 reason for her statements that went beyond just that she
12 published them. She can't talk about the source.
13 THE COURT: Well, I also think that -- the part
14 I'm not too sure about is how the sanctions that we
15 discussed fit into all this discussion. That's not clear
16 to me. It may be clearer to you because you know your
17 case better than I do. But I'm not quite sure how the
18 sanctions portion of my earlier ruling fits into this
19 discussion either, by the way.
20 MR. AMAN: I understand that part of it. I guess
21 I'm just struggling with knowing in advance, so I know
22 what -- because I don't want to open the door to her
23 saying things that we think aren't relevant. And so if
24 it's clear that she's not allowed to testify about what
25 Stephanie Studebaker told her, to talk about it in her
50
1 opening statement and why she did the posting, then
2 that's fine.
3 THE COURT: I think that's correct. The only
4 thing she will be able to offer is evidence that what she
5 posted was true. And I don't know what she has that can
6 broach that topic. But it can't be based on hearsay. I
7 agree with you.
8 MR. AMAN: Can you give me just a second?
9 MS. COX: Can I say something?
10 THE COURT: Sure.
11 MS. COX: Exhibit 520 is my only defense as a
12 blogger, posting from another blog. That is my -- that
13 is the whole basis of the post, was posting it from
14 another blog. That is my source. That's the only
15 defense I have.
16 THE COURT: But to a defamation case, it's not a
17 defense that you reposted something. It's not one of the
18 elements. It's not a defense that "I reposted it."
19 MS. COX: Well, I have every reason to believe
20 it's fact because of where I got the information. So I'm
21 just not to say anything at all? I mean, I have nothing
22 else to say.
23 THE COURT: I'm sorry, but it's not a defense to
24 defamation, that you reposted it.
25 MS. COX: The truth -- their deposition and their
51
1 court case is not a fact. It's hearsay? Is that what
2 you're saying?
3 THE COURT: I'm saying the truth is -- if you
4 have something that isn't based on hearsay that says that
5 the post is true, you can offer that evidence. But I
6 don't know how you could do that.
7 MS. COX: Am I allowed to say it's true to the
8 best of my ability? In my opening statement, I'm not
9 allowed to say anything to do with any of it?
10 THE COURT: You can tell them it's true. How
11 you're going to prove that is a different question. I
12 don't know how you're going to prove it.
13 MS. COX: So nothing that I admitted is
14 admissible?
15 THE COURT: I don't know that it is. I haven't
16 looked at what you have there.
17 MS. COX: How do I know that, when I start
18 telling the jury about it or --
19 THE COURT: Again, I can't really advise you
20 about the rules of evidence and what's in there. I
21 suspect there's going to be an objection, and I'll have
22 to rule on the objection.
23 MR. AMAN: The only concern I have, Your Honor,
24 is I don't want to -- I'd prefer not to object during
25 Ms. Cox's opening, to avoid the perception that I'm
52
Preliminary Instructions
1 somehow unfairly interfering with her. If it's very
2 clear that she can't testify about -- explain that she's
3 going to be offering hearsay, the basis or the source for
4 the information, because it's all hearsay, she shouldn't
5 be able to advise the jury of that during opening.
6 She can tell the jury that she thinks she's going
7 to offer evidence that the statement is true, if she has
8 any. I'm not aware of any admissible evidence that she
9 has because she hasn't pointed to any. So I'm just
10 concerned about the appearance that we're going to be
11 interfering with her opening statement.
12 THE COURT: That's always something you wrestle
13 with, particularly with parties that are unrepresented.
14 I don't know what to tell you, other than deal with it.
15 Okay.
16 (The jury enters the courtroom.)
17 THE COURT: Please be seated.
18 Members of the jury, you are now the jury in this
19 case. I want to take a few minutes to tell you something
20 about your duties as jurors and to give you some
21 instructions. At the end of the trial, I'll give you
22 more detailed instructions. Those instructions will
23 control your deliberations.
24 It will be your duty to decide what the facts are
25 from the evidence. You, and you alone, are the judges of
53
Preliminary Instructions
1 the facts. You will hear the evidence, decide the facts,
2 and then apply those facts to the law which I will give
3 you, and that is how you'll reach your verdict. In doing
4 so, you must follow the law, whether you agree with it or
5 not.
6 The evidence will consist of the testimony of
7 witnesses, documents, and other things received into
8 evidence as exhibits, and any facts on which the lawyers
9 agree or on which I instruct you to accept.
10 You should not take anything I say or do during
11 this trial as an indication of what I think the evidence
12 or what your verdict should be -- what I think of the
13 evidence or what your verdict should be.
14 To help you follow the evidence, I will give you
15 a brief summary of the positions of the parties. This is
16 a defamation case. Plaintiffs contend that defendant
17 published defamatory false statements about them on an
18 Internet blog. Defendant denies plaintiffs' contentions.
19 The following things are not evidence, and you
20 must not consider them as evidence in deciding the facts
21 of this case: statements and arguments by the parties,
22 questions and objections of the attorneys, testimony that
23 I tell you to disregard -- and when I said the statements
24 and arguments by the parties, that's their opening
25 statements and their closing arguments; those are not
54
Preliminary Instructions
1 evidence -- anything you may have seen or heard when the
2 court is not in session.
3 Do not communicate any private or special
4 knowledge about any of the facts of this particular case
5 to fellow jurors. Decide the case only on the evidence
6 received here in court. Some evidence may be admitted
7 for a limited purpose only. When I instruct you that
8 some evidence is admitted for a limited purpose, you must
9 consider it only for that limited purpose.
10 Evidence may be direct or circumstantial. Direct
11 evidence is testimony by a witness about what that
12 witness personally saw or heard or did. Circumstantial
13 evidence is indirect evidence; that is, it is proof of
14 one or more facts from which one can find another fact.
15 You are to consider both direct and circumstantial
16 evidence. The law permits you to give equal weight to
17 both, but it is for you to decide how much weight to give
18 any evidence.
19 There are rules of evidence which control what
20 can be received into evidence. When a lawyer asks a
21 question or offers an exhibit into evidence and the
22 lawyer on the other side thinks that it is not permitted
23 by the rules of evidence, that lawyer may object. If I
24 overrule an objection, the question may be answered or
25 the exhibit received. If I sustain the objection, the
55
Preliminary Instructions
1 question cannot be answered and the exhibit cannot be
2 received. Whenever I sustain an objection to a question,
3 ignore the question and do not guess what the answer
4 would have been.
5 Sometimes I may order that evidence be stricken
6 from the record, that you disregard or ignore the
7 evidence. That means that when you're deciding the case,
8 you must not consider evidence which I told you to
9 disregard.
10 In deciding the facts in this case, you may have
11 to decide which testimony to believe and which testimony
12 not to believe. You may believe everything a witness
13 says or part of it or none of it.
14 In considering the testimony of any witness, you
15 may take into account the opportunity and ability of the
16 witness to hear or see or know things testified to, the
17 witness's memory, the witness's manner while testifying,
18 the witness's interest in the outcome of the case and any
19 bias or prejudice, whether other evidence contradicted
20 the witness's testimony, the reasonableness of the
21 witness's testimony in light of all the evidence, and any
22 other factors that bear on believability.
23 The weight of the evidence as to a fact does not
24 necessarily depend on the number of witnesses who
25 testify. You are to weigh the evidence, not simply count
56
Preliminary Instructions
1 the witnesses.
2 From time to time during the trial, it may be
3 necessary for me to talk to the parties outside the
4 hearing of the jury by having a conference at the bench
5 when you're present in the courtroom or by calling a
6 recess. Please understand that while you are waiting, we
7 are working. The purpose of these conferences is not to
8 keep relevant information from you, but to decide how
9 certain evidence is to be treated under the rules of
10 evidence and to avoid confusion and error. We will, of
11 course, do what we can to keep the number and length of
12 these conferences to a minimum. I may not always grant a
13 request for a conference.
14 A few words about your conduct as jurors: Keep
15 an open mind throughout the trial. Do not decide what
16 the verdict should be until you and your fellow jurors
17 have completed deliberations at the end of the case.
18 Because you must decide this case based only on the
19 evidence received here in court and on my instructions as
20 to the law that applies, you must not be exposed to any
21 other information about the case or to issues involved
22 during the course of your jury duty.
23 Thus, until the end of the case, unless I tell
24 you otherwise, do not communicate with anyone in any way
25 about the merits of this case or anything to do with it.
57
Preliminary Instructions
1 This includes discussing the case in person, in
2 writing, by phone or electronic means, e-mail, text
3 messaging, an Internet chat room, a blog, a website or
4 other feature relating to the Internet or electronic
5 communication.
6 This applies to communicating with your fellow
7 jurors until I give you the case for deliberation. It
8 applies to communicating with everyone else, including
9 family members, your employer, people involved here in
10 the trial, although you may notify your family or
11 employer that you have been seated as a juror in this
12 case and what the schedule is.
13 If you're asked or approached in any way about
14 your jury service or about anything involving this case,
15 you must respond that you have been ordered not to
16 discuss the matter and report the contact to the Court.
17 Because you will receive all the evidence and
18 legal instructions you properly may consider to return a
19 verdict, do not read, watch, or listen to any news media
20 commentary about this case or anything to do with it. Do
21 not do any research, such as consulting dictionaries,
22 searching the Internet, using other reference materials.
23 Do not make any investigation or in any other way try to
24 learn about the case on your own.
25 The law requires these restrictions to insure the
58
Preliminary Instructions
1 parties have a fair trial based on the same evidence that
2 each party has the opportunity to address.
3 At the end of the trial, you'll have to make your
4 decision based on what you recall of the evidence.
5 Although you'll have the exhibits with you, you'll not
6 have a written transcript to consult. So I urge you to
7 pay close attention to testimony as it's given.
8 You may take notes, if you wish, during the
9 trial. If you do take notes, keep in mind that you
10 should keep them to yourself until you and your fellow
11 jurors go to the jury room for deliberations. Do not let
12 the note-taking interfere with your ability to hear and
13 evaluate testimony. It's important that you watch
14 witnesses, as their appearance may assist you in deciding
15 whether to believe their testimony and how much weight to
16 give their testimony.
17 When you leave in the evening, your notes should
18 be left in the jury room. If you do not take notes, you
19 should rely on your own memory of what was said and not
20 be overly influenced by the notes of another juror during
21 deliberations.
22 If at any time you cannot clearly hear a witness
23 or a lawyer, cannot see the documents that are being
24 presented in the presentation system, speak up and alert
25 the Court to the problem. If you need to communicate
59
Opening Statement - Plaintiffs
1 with me, simply raise your hand or give me a signal that
2 you need to communicate with me.
3 The trial will now begin. Each side will make an
4 opening statement. The opening statement is not
5 evidence. It's simply an outline to help you understand
6 what the parties expects it to show. A party, by the
7 way, is not required to make an opening statement.
8 The plaintiffs will then present their evidence.
9 The defendant may cross-examine. After the plaintiffs'
10 case, the defendant may present evidence, and the
11 plaintiffs' counsel may cross-examine.
12 After all the evidence is presented, the attorney
13 and defendant will make closing arguments to you,
14 summarizing and interpreting the evidence for you. I
15 will then instruct you on the law; and after that, you
16 will begin your deliberations.
17 Opening statement.
18 MR. AMAN: Thank you, Your Honor.
19 Thank you very much for your service here today.
20 I know it's an inconvenience for you, but we appreciate
21 it. This is a very important issue for my clients.
22 The reason that my clients are here today is
23 because they were compelled to file this lawsuit to
24 protect their good name, to protect their reputation.
25 What you're going to hear is that my clients, who
60
Opening Statement - Plaintiffs
1 are Obsidian Finance Group -- it's a company -- and its
2 senior principal, Mr. Padrick, have spent years
3 developing a great reputation in this community, spent
4 years doing it, through hard work and through excellence.
5 That's what the testimony is going to be.
6 Their reputation in this community is critical.
7 What Obsidian does is they provide advisory services to
8 other companies. Other companies hire them. And one of
9 the things that they do is they help structure complex
10 business deals, which involve, among other things, tax
11 expertise that they have. You'll hear that Mr. Padrick
12 and Mr. Brown, David Brown, the other principal in
13 Obsidian, have a great deal of experience in this area,
14 and that people on their staff do as well.
15 And so when somebody is hiring them, when a
16 business is hiring Obsidian and Mr. Padrick, their
17 reputation for trustworthiness and for competence is
18 critical. It's a very important thing for the business
19 to see, including on tax aspects of a complicated
20 financial transaction.
21 And the reason that we're here today is because
22 that reputation has been damaged. It's been damaged
23 because the defendant in this case, Ms. Cox, has
24 intentionally posted extremely defamatory and false
25 information about my clients' business. She's accused
61
Opening Statement - Plaintiffs
1 them of a crime, tax fraud. And she's accused them of it
2 in connection with a matter where they were hired
3 precisely because they have the expertise in tax and in
4 bankruptcy matters, the thing that they sell themselves
5 on.
6 And the important thing here is that Ms. Cox
7 didn't do it in some private room. She didn't even post
8 it on a one-off blog posting. That's not the way she did
9 it. What she did was she posted it on her own website,
10 and then she posted on another website, and then she
11 posed on another website, at least 10 separate websites.
12 And not only that, Ms. Cox -- you'll hear from
13 the testimony, from Ms. Cox herself, that what she did
14 was she actually can, through the technology, the
15 proprietary system that she has, she can cause her
16 postings to go to the very top, front and center, of
17 every Google search. And, in fact, she did that in this
18 case with the posting where she accused my clients of tax
19 fraud, and she did it for the purpose that those postings
20 be found.
21 And the reason that we're here today, the reason
22 that my clients were compelled to file this lawsuit, is
23 because those statements have damaged my client, and
24 they're still up on the Internet today. That's why we're
25 here today.
62
Opening Statement - Plaintiffs
1 And let me tell you a little bit about Obsidian,
2 a little more about Obsidian, and about the background
3 for this case, because it will be relevant to the
4 statements that you're going to see that are the false
5 and defamatory statements you're going to see.
6 Obsidian, as I told you, is a local business.
7 They're located about 15 minutes from the courthouse.
8 They employ 10 people in this community, and they've been
9 in business for about eight years. And during that time,
10 they've developed a great reputation, as I said, for
11 providing advice on complex business deals. Mr. Padrick
12 and his partner, David Brown, have been lawyers in this
13 community, and Mr. Brown was a tax lawyer in this
14 community.
15 Mr. Padrick has owned his own businesses, and
16 Mr. Padrick was also a lawyer in the bankruptcy world,
17 which you'll hear in a minute why that's important.
18 So as I said, their reputation for being
19 trustworthy and competent in tax matters, business
20 matters, and in bankruptcy matters, is critical to their
21 business. That's how they sell themselves. That's how
22 they get work.
23 Now I want to switch gears a little bit and talk
24 about the engagement that Obsidian had which led to this
25 lawsuit. Obsidian and Mr. Padrick were hired in late
63
Opening Statement - Plaintiffs
1 2008 to help with a business that was really in its
2 demise. It was a business called Summit Accommodators.
3 Let me tell you about Summit did. What Summit
4 did is hold other people's money so they could accomplish
5 1031 exchanges.
6 Now, what's a 1031 exchange? Some of you may
7 know about it, but what it is, it's a way under the tax
8 code where if you sell property, normally a person would
9 have to recognize a gain and pay taxes on it. But the
10 tax code allows you to put your money in with another
11 business, who holds it for about 180 days, and then they
12 have to give it back to you, so you can finish this
13 exchange of properties; again, legitimate under the tax
14 code.
15 So you can see that the business that was
16 involved here, its entire business was based on a tax
17 structure. But as it turns out, what the principals of
18 Summit were doing was taking the money that was being
19 given to them by their clients, and they were using it to
20 invest it in properties for their own benefit. They were
21 stealing the money.
22 By the end of 2008, there were millions of
23 dollars out in properties where the principals owned the
24 properties. And as you can understand, once the real
25 estate market went down, they weren't able to pay back
64
Opening Statement - Plaintiffs
1 the money to the people that they were holding it for,
2 and ultimately they filed for bankruptcy.
3 Obsidian and Mr. Padrick were brought in to try
4 to get the money back for the people whose money had been
5 stolen. That was their job. And there was at least
6 $30 million that was still outstanding and owing to the
7 people whose money had been stolen.
8 So as you can see, Mr. Padrick and Obsidian were
9 coming in to try to help the people whose money had been
10 stolen. Mr. Padrick was ultimately appointed, along with
11 his business, to administer the bankruptcy case, to try
12 to get as much money as possible back to their creditors.
13 That was their job. They were also there to help people,
14 to the extent they could, to finish those exchanges of
15 property so that they could get the benefit of the
16 service they had tried to get from Summit. So that
17 was -- that was the job that they were brought in to do.
18 What you're going to hear is that they did a
19 great job. They actually got back, to date, 85 percent
20 of the amounts that were put into the company. They've
21 gotten that back to the people whose money was stolen.
22 So it's been a great result for the creditors. That's
23 what you're going to hear.
24 During the process of that, what you're going to
25 hear testimony of is that they -- that the bankruptcy
65
Opening Statement - Plaintiffs
1 court approved a plan that was a relatively standard plan
2 in bankruptcy, where the assets of the company that were
3 in the bankruptcy estate, so Summit assets, were
4 transferred into what's called a liquidating trust.
5 You're going to hear a lot more about this from
6 experts in this case, people who do this every day. What
7 you're going to hear is that's a standard procedure.
8 It's an available procedure to try to continue to try to
9 get money back for the creditors. And what you're going
10 to hear is that the IRS has revenue procedures that they
11 issue, so guidelines they issue, which say exactly how
12 you're supposed to handle that for tax purposes.
13 Now, let me just back up a little bit. When the
14 assets of Summit were transferred into this trust, one of
15 the things that happened was there were tax gains that
16 were -- and you're going to hear a lot more about this.
17 There were tax gains on properties that were transferred
18 in that had not been paid. They had been deferred by the
19 Summit shareholders, the people that had taken the money.
20 When the assets were transferred into the trust,
21 the tax code says -- you're going to hear this from the
22 experts -- the tax code says the people whose money had
23 been stolen, the people who are the beneficiaries of that
24 trust, they don't have to pay taxes on those gains. And
25 as you'll hear, that makes sense. They were the victims
66
Opening Statement - Plaintiffs
1 of this theft. They don't pay taxes on the gains, which
2 brings us to Ms. Cox's statements, statements of tax
3 fraud.
4 If you can pull up the exhibit, please.
5 And you all have monitors. This is Exhibit 1-A,
6 which you're going to see in evidence. This is the blog
7 posting by Ms. Cox.
8 You'll see the title of the post is "Bankruptcy
9 Corruption." And what it says is -- can you see it? --
10 "Dedicated to exposing injustice, fraud, collusion,
11 conspiracy, corruption and crime in the U.S. bankruptcy
12 courts." That's the title of the posting.
13 And this is the posting you're going to hear was
14 posted not on just one website, but multiple websites.
15 And you're going to hear from Ms. Cox, it went viral, all
16 over the Internet, and it's still up today.
17 So why don't we go to the second page.
18 You can see the subject of this post is my
19 clients, Obsidian Finance Group and Kevin Padrick. And
20 you'll get a chance to read through this, obviously, but
21 it goes to why Ms. Cox says that Kevin Padrick
22 of Obsidian Finance Group, LLC is a liar.
23 And let's go to the second page where it talks
24 about tax fraud.
25 "Kevin Padrick of Obsidian Finance Group, tax
67
Opening Statement - Plaintiffs
1 fraud? Fraud against the government? Gee, ya think?"
2 You'll get a chance to look at this. And you'll
3 hear from a tax expert, Gary Stachlowski, who will
4 explain to you precisely how the tax code works here,
5 precisely what the IRS says you're supposed to do.
6 Now, if you'll go to the next page -- and this
7 isn't some vague or not specific allegation of tax fraud.
8 What you see is Ms. Cox goes through in detail the
9 amounts that should have been paid, the fact that
10 Mr. Padrick is trying to keep the money for himself as
11 opposed to paying the taxes to the government, the fact
12 that the government should prosecute him, pursue him for
13 defrauding the government. And as I explained earlier,
14 Ms. Cox intentionally caused this, this posting, to go
15 viral on the Internet.
16 What you're going to hear is that this has caused
17 a great deal of damage to my clients' reputation,
18 reputation in the community for doing competent work, for
19 being trustworthy, and for having expertise in
20 structuring business deals and in tax issues.
21 What we're going to ask you to do at the end of
22 this case is to hold Ms. Cox accountable for what she's
23 done and to compensate my clients the only way that you
24 can, which is to award them damages for the damage to
25 their reputation.
68
Opening Statement - Defendant
1 Thank you.
2 THE COURT: Opening statement for the defense,
3 Ms. Cox.
4 MS. COX: Thank you for being here.
5 I'm a real estate broker owner. And I, first of
6 all, would like to say that I asked the question of tax
7 fraud in hopes for -- to help other people fight for the
8 real estate consumer.
9 And being a real estate broker owner, I see a lot
10 of injustices. And when the Summit bankruptcy hit the
11 headlines, I immediately jumped on the defense of the
12 real estate victims. When the Summit 1031 went bankrupt,
13 the money went into a trustee, went into a -- I'm not a
14 CPA. I'm not an accountant. I am familiar with 1031s as
15 a real estate broker. But when the money was out of the
16 hands of the principal and it was in the hands of the
17 trustee, it became the trustee's job to make sure these
18 people got their lives back.
19 And I started posting on it, kind of in a
20 negative way against Summit, because they created real
21 estate victims. So in trying to do this, I started to
22 read some other information, news sources. And I fully
23 believe that there is a lot of injustices and that there
24 is reason for the IRS, the Department of Justice, to look
25 into this case.
69
Opening Statement - Defendant
1 I have no reason to believe the blog post is not
2 true. I was never asked to remove the blog post in any
3 way whatsoever. In researching -- and, again, I don't
4 know the tax code, but in researching this, I had people
5 call me with their life savings, crying, telling me their
6 stories about how they weren't getting their money back,
7 how the trustee was taking the money, and they weren't --
8 they didn't understand the system.
9 So I wasn't necessarily saying the trustee was
10 doing something illegal, but he had control of the money.
11 And some of the creditors and investors were complaining
12 that the trustee -- there was a lawsuit filed against the
13 trustee and Tonkon Torp, which is the plaintiffs'
14 attorney. There was filings against them both saying
15 that the fees were outrageous.
16 And so I started researching the facts, and I
17 started sticking up for the consumers. And I started
18 getting very emotionally involved, too, because I was
19 hearing all these stories. So I did get a little
20 flippant in my remarks, derogatory toward the plaintiffs.
21 But I asked questions, and I do feel there was
22 illegal activity. The trustee worked for the Summit
23 principals. He had a signed contract with them where he
24 worked for them. Then he jumped the fence, per se, and
25 he worked on the other side of this. And I don't know if
70
Opening Statement - Defendant
1 that's legal or not. I believed that he was an insider
2 and that that was illegal.
3 And what I knew was that the money was tied up of
4 people that had 30,000 to millions. Their whole life was
5 tied up in a 1031 exchange. They weren't getting any
6 justice. There's proof of denied -- that asset sales
7 were denied. And, again, I don't know any of this stuff,
8 but I found as much information as I could, and I posted
9 it for three years, in protection of the real estate
10 consumer. I had been posting it two years before this
11 date.
12 On December 25th, when I made this post, I
13 was -- I believed this post to be true, with all of my
14 ability. Even today, I really have no reason to believe
15 this post not to be true. It's not my expertise. From
16 everything I learned in the news and from experts at the
17 time and hearing people's stories, I fully believed that
18 it was true.
19 Twenty days later, on January 14th, a lawsuit was
20 filed against me for $10 million in damages. I was still
21 never asked to remove the post. I -- they filed the
22 lawsuit with a whole bunch of generic statements. They
23 never gave me a blog post. They never told me what post
24 I was on trial for. This was in January.
25 On July 22nd of that same year, they finally
71
Opening Statement - Defendant
1 introduced this -- this year, they introduced a blog post
2 that they were suing me for. And one month later this
3 trial was set.
4 That was the only time I had been given any sort
5 of warning that this was an issue. I was never given any
6 testimony, I was never given any documents, not even a
7 phone call to say, "Look, we have a problem here. Can
8 you drop this post so we can talk about it?"
9 And so I did this in good faith. I really did
10 not mean to hurt anybody. I was trying to fight for the
11 real estate consumer and for the victims, and harming the
12 plaintiff was certainly not my intention.
13 I believe to this day that there should be a
14 Department of Justice and FBI and SEC investigation into
15 the bankruptcy. I believe that there are victims, real
16 people with real lives and families that are harmed. I
17 believe there was possibly illegal activity, and I would
18 love to see the Department of Justice look into it in
19 great detail to help the consumers.
20 And I just want to leave you with saying that I
21 did not intentionally post or harm anybody, and I was
22 trying to help for the greater good, and I was not
23 accusing him of tax fraud.
24 And one more thing, please note, this case is
25 only about one blog post, not how it went viral and not
72
Padrick - D
1 how many other places it went after that. It's one post.
2 Thank you for your time.
3 THE COURT: Call your first witness.
4 MR. AMAN: Thank you, Your Honor. We call Kevin
5 Padrick to the stand.
6 THE COURT: Please step forward and be sworn.
7
8 KEVIN DALE PADRICK
9 called as a witness in behalf of the Plaintiffs, having
10 been first duly sworn, is examined and testifies as
11 follows:
12
13 THE CLERK: Please state your name for the
14 record.
15 THE CLERK: Kevin, middle name Dale, D-a-l-e,
16 Padrick, P-a-d-r-i-c-k.
17 THE CLERK: Thank you. Please take the stand.
18 THE COURT: You may inquire.
19
20 DIRECT EXAMINATION
21 BY MR. AMAN:
22 Q. Mr. Padrick, how are you currently employed?
23 A. I'm currently senior principal and one of the two
24 owners of Obsidian Finance Group, LLC.
25 Q. And how long have you been at Obsidian?
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1 A. We formed the business in 2003, David Brown and
2 myself, and at one time we had a third partner. But from
3 2003 to the present.
4 Q. Could you tell the jury a little bit about your
5 background, your work experience?
6 A. Yes. Educational background, I have a law degree, as
7 I think the jury has probably heard. I have a master's
8 in business administration. I have undergraduate degrees
9 in mathematics and in psychology.
10 I started by practicing law. I actually started
11 the insolvency department at Miller Nash, which is one of
12 the law firms here in Portland.
13 Q. Can I stop you there? You said the insolvency group.
14 Can you describe what that practice is there?
15 A. Businesses that are in distress, businesses that are
16 filing bankruptcy or about to file bankruptcy, advising
17 creditors and advising the business.
18 Q. Okay. Go ahead. After you were at Miller Nash,
19 describe what you did.
20 A. In 1993, I left Miller Nash and I started a number of
21 businesses. So I had all kinds of businesses, from --
22 typical, I owned a gravel business. I was involved in
23 some land development. I owned a commercial construction
24 company, a variety of different businesses. And those
25 were in Colorado.
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1 And in '97, I returned to Oregon and started
2 performing advisory services on my own. And I was the
3 president of a company that was in Lake Oswego that was
4 involved in subprime loans. My job was to liquidate the
5 company. So I was hired to liquidate the company. I did
6 that.
7 Following that, I sold that business as part of
8 the recovery for the creditors, in which we resolved
9 billions of dollars of claims. I sold that company to an
10 investment bank.
11 I then was hired by a number of different parties
12 to perform advisory services, following the success of
13 that particular case; and I performed all kinds of
14 advisory services up until 2003.
15 At that time my current business partner, David
16 Brown, was still at Miller Nash, and he was looking to
17 form a business; and we decided that we would jointly
18 form a business in 2003, and that was Obsidian.
19 Q. And could you just describe for the jury what it is
20 that Obsidian does?
21 A. Obsidian really is involved in two different aspects.
22 One is the advisory business, and the other is an
23 investment business, where we invest our own funds.
24 So we have two different things that we do. We
25 use our expertise. We have -- three of our most senior
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1 people are tax experts.
2 Q. And who are they?
3 A. David Brown, Patty Whittington, and Todd Gregory.
4 And then my expertise was in the insolvency side.
5 And Mr. Brown had some expertise in insolvency, also.
6 And we were involved in advising all kinds of
7 organizations that were very large international
8 organizations, national organizations. Most of our work
9 was done on the East Coast to start with. It was
10 primarily on structuring very complex financial
11 transactions, either unwinding them or helping put them
12 together, that involved tax aspects and insolvency,
13 distressed businesses.
14 Q. And how many employees does Obsidian currently have?
15 A. Currently we have eight employees plus Mr. Brown and
16 myself, for a total of 10.
17 Q. And are you located here in Oregon?
18 A. Our offices are just off Kruse Way, down off of I-5.
19 Q. So as of the beginning -- excuse me, as of the end of
20 2008, how long had you been in the business of advising
21 clients on insolvency matters?
22 A. In 2008? So that would have been -- even during the
23 period in which I was operating businesses, I was still
24 involved, so that would have been 29 years.
25 Q. Can you give the jury an example of the kind of work
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1 that Obsidian has done, just to give them a sense about
2 the kind of work that you do?
3 A. A more recent example is that we would provide
4 advisory services to businesses that are acquiring assets
5 from failed banks. We would advise them how to structure
6 the transaction, what the assets are worth, those kinds
7 of issues.
8 Q. And how is it that Obsidian gets its clients? Would
9 you describe that, advisory clients.
10 A. The advisory clients are generally from our
11 reputation in the industry, maybe a contact that we've
12 had. It's typical for an advisory client, a future
13 advisory client, to call somebody that we've already
14 performed services for and say, "Do you have a list of
15 names?" And that person would give them a list of names.
16 They would do research. Then they would come talk to us.
17 Then they would make a decision as to who to hire.
18 Q. And are you familiar, based on your experience, with
19 the practice and the due diligence process that your
20 clients and potential clients go through?
21 A. Yes.
22 Q. And what's the general practice of the due diligence
23 that goes on?
24 A. It's basically the same practice that we go through.
25 If we're going to retain a firm, we want to investigate
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1 the firm. And with the prevalence of the Internet, it's
2 just -- the most common thing is you start by doing a
3 Google search, and you bring up the name of the firm.
4 You look to see what have they been involved with, what
5 type of experience do they have.
6 And from that, you know, if you think that firm
7 looks like it would fit with what -- what the type of
8 service is you want, then you might give them a call and
9 give a couple other firms a call and then make a decision
10 as to which firm you're going to hire.
11 Q. And based on your experience, what would be the kinds
12 of things that would be red flags in that search process?
13 A. Well, anything that would damage or potentially
14 damage our business. If we think that there is something
15 out there that would indicate either that they're not
16 competent or they're not trustworthy or that there could
17 be a -- what I would call a spill-over effect, something
18 where somebody has -- there's something out there that
19 you're afraid -- because most of the businesses we work
20 with are very reputationally oriented businesses. They
21 value their reputations, and they don't want to be
22 involved with anybody whose reputation is so at issue as
23 to potentially cause their reputations to be at issue.
24 Q. All right. I want to move along to the work that
25 involved Summit Accommodators. And could you describe,
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1 first of all, how is it that you and Obsidian got
2 involved with Summit Accommodators?
3 A. I received a phone call or an e-mail -- I can't
4 remember which one -- from a contact, somebody that I've
5 worked for in Bend. And they suggested that we
6 should -- and I think they may have even suggested to
7 somebody at Summit, but they suggested that we get
8 together and talk to Summit, because it looked like, from
9 what they knew, that Summit was going to be involved in
10 the liquidation of a significant amount of property.
11 Q. And what was the business that Summit was involved
12 in?
13 A. Summit was a qualified intermediary, often known as
14 an accommodator. So they were involved in 1031s, which
15 is a code section under the tax code that allows a party
16 to defer gains.
17 And if you -- for example, if you could actually
18 do a complete exchange all at one time, you wouldn't need
19 an intermediary, you wouldn't need an accommodator. But
20 most people can't. Most people sell their property.
21 They park their money with an accommodator for -- it
22 can't be more than 180 days. It can be quite a bit less
23 than that. And then at the end of that period, they
24 identify new property, and then those funds are used to
25 purchase the new property, and then that qualifies under
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1 Section 1031 of the code.
2 Q. And was your -- Obsidian's tax expertise one of the
3 reasons that you were contacted to take this engagement?
4 A. Yes.
5 Q. And what did you ultimately discover had happened at
6 Summit?
7 A. Well, what we learned was that they were engaged in a
8 Ponzi scheme, that the shareholders -- there were four
9 shareholders. The four shareholders had been stealing
10 the funds that were placed in their care and using those
11 funds to speculate in various businesses, primarily real
12 estate in Central Oregon.
13 Q. And so how much money -- well, let me ask it
14 differently. When you say it was a Ponzi scheme, what do
15 you mean by that?
16 A. Well, the earmarks of a Ponzi scheme are you have to
17 bring in new clients, new customers, to pay off your
18 obligations to the old customers. So what they did is
19 once they started stealing the money, they didn't have
20 enough money; the existing money wasn't there. So what
21 they did is they continued in business. And as they
22 continued bringing in new clients, they would -- for
23 example, if you came to them as a new client, they would
24 use your money; and if I was an existing client, they'd
25 use your money to make my purchase of property, which is
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1 fine as long as it continued forever. The whole concept
2 of a Ponzi scheme is that when it stops, people lose a
3 lot of money.
4 Q. And the money that was being stolen by the Summit
5 principals, where did they primarily put that money?
6 A. Primarily in Central Oregon real estate, although
7 we've got real estate in Tucson and Montana and all kinds
8 of places.
9 Q. And how many properties or how many entities were
10 involved in the theft of the money that went out from
11 Summit?
12 A. They had formed almost a hundred separate entities.
13 Q. Now, at some point Summit filed for bankruptcy
14 protection?
15 A. Correct. I mean, days after we were contacted.
16 Q. And I want to ask you one quick question. When
17 Obsidian was initially hired, was it hired by the company
18 or was it hired by the shareholders?
19 A. No. It was hired by the company. We would not have
20 worked for the shareholders.
21 Q. And why not?
22 A. Because at that point there was enough indicia of
23 issues with respect to their behavior that we would not
24 have acted on their behalf, and because the assets, we
25 were told, would all be transferred to Summit, to the
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1 actual party that was obligated to all the victims, and
2 we were going to work on behalf of the victims.
3 Q. Now, after Summit went into bankruptcy, you were
4 appointed by the federal bankruptcy court, you were
5 appointed as the bankruptcy trustee?
6 A. Correct.
7 Q. And could you describe for the jury what a bankruptcy
8 trustee does?
9 A. A bankruptcy trustee is a fiduciary. A bankruptcy
10 trustee is responsible to accumulate the assets, bring
11 claims against responsible third parties, liquidate those
12 assets, turn them into cash, and give the victims back
13 their money.
14 Q. And does the bankruptcy trustee act with oversight of
15 some kind?
16 A. Yes. You have tremendous oversight. We have the
17 Court itself, the U.S. Trustee's Office, the creditors.
18 The creditors form a creditors committee. When you have
19 a liquidating trust, you form a liquidating trust
20 committee, all complete oversight.
21 Q. And to date, how much of the millions of dollars that
22 was taken from the creditors, how much of that has been
23 paid back to the creditors?
24 A. Well, of the principal amount -- you said in your
25 opening it was over 30. Thirty includes other damages.
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1 It was approximately 28.8 -- or something like that --
2 million of missing funds. And we have returned 85 -- to
3 date, 85 percent to the vast majority, and some have
4 actually received 100 percent, and that has to do with
5 whether they have a segregated account. That's kind of a
6 complex process. But they received a minimum of 85
7 percent of their monies that were placed with Summit.
8 Q. And based on your experience in the bankruptcy
9 practice, how does that compare to other recoveries?
10 A. It's highly unusual, especially in a Ponzi scheme, to
11 recover 85 percent to date; and we're still recovering
12 assets today.
13 Q. Now, Summit was in bankruptcy. Is it still at this
14 point?
15 A. Summit is in a liquidating trust, pursuant to a
16 bankruptcy court order and a plan of organization, which
17 is a document that you file in the bankruptcy case, along
18 with what's called a disclosure statement, which tells
19 about the plan and tells about the -- in this case, the
20 liquidating trust agreement. And so it goes into a
21 liquidating trust, which is a continuation of the
22 bankruptcy case in a sense, but it's a more efficient way
23 of liquidating assets.
24 Q. And who are the beneficiaries of that trust?
25 A. The beneficiaries of the trust are the victims of the
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1 Ponzi scheme.
2 Q. And what is your role with --
3 A. There are very minor trade creditors, too. I think
4 there were five trade creditors for $10,000 or something,
5 but a huge -- the vast majority was all the victims.
6 Q. And you're the trustee of that trust, correct?
7 A. Correct.
8 Q. And that's effectively a continuation of the role, in
9 many ways, that you had as a bankruptcy trustee?
10 A. Correct. It's still the same purpose. I accumulate
11 the assets, bring claims against third parties,
12 distribute the funds.
13 Q. And have the Summit shareholders been criminally
14 prosecuted?
15 A. One of the Summit shareholders has pled guilty to
16 felonies. The other three shareholders have a -- a
17 federal grand jury has indicted the other three
18 shareholders.
19 Q. I want to switch to the posting that Ms. Cox did in
20 December of 2010, which is Exhibit 1-A.
21 MR. AMAN: If you could pull that up, please.
22 BY MR. AMAN: (continuing)
23 Q. Do you have that?
24 A. Yes. I'm just trying to figure out how to make it
25 bigger.
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1 Q. First of all, do you recognize the posting that's
2 been shown to you as Exhibit 1-A?
3 A. I do.
4 Q. And I want to talk a little bit about -- first of
5 all, you see at the top, it says "Bankruptcy Corruption"?
6 A. I do.
7 Q. I want to go to the part of it that talks about tax
8 fraud. And I want to have you describe, as we go through
9 it, the way that you handled the tax treatment for the
10 liquidating trust and for the bankruptcy estate.
11 So, first of all, why don't you turn to the third
12 page. So you see here, "Kevin Padrick of Obsidian
13 Finance, tax fraud?"
14 First, I want to ask you a very straightforward
15 question. Did you or Obsidian commit tax fraud in
16 connection with the Summit bankruptcy?
17 A. No, absolutely not. And I hope you'll give me an
18 opportunity to explain that.
19 Q. That's what we're going to talk about right now.
20 A. Okay.
21 Q. So why don't you describe for me what the structure
22 was in terms of the transfer of the assets from the
23 bankruptcy estate to a liquidating trust, in general
24 terms.
25 A. In general terms, what happens is that the assets
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1 that are in the company, that are in some accommodators,
2 get transferred to the liquidating trust. There's a
3 technical way that it goes through the victims and back
4 to the trust, but essentially they're getting transferred
5 to the trust. They get transferred for the fair market
6 value of the assets on the date of the transfer.
7 Q. So let's talk about that as an example.
8 Now, was it the case here that there were
9 deferred gains on properties that were transferred into
10 the trust?
11 A. There may have been.
12 Q. But that's not -- that's not something that you were
13 closely involved with?
14 A. It's not something we would be involved with at all.
15 Those are the responsibilities of the parties that
16 actually achieved the gains.
17 Q. Well, let me step back a little bit. Obviously we'll
18 ask Ms. Whittington about the exact tax treatment, and
19 Mr. Stachlowski. But what was your general understanding
20 about what would happen if there were deferred gains on
21 properties that were transferred into the trust?
22 A. Those gains would be paid by the parties that had
23 actually had -- realized the gains, not by the victims.
24 What Ms. Cox said in her opening statement is
25 that the victim should pay the tax. Well, that's --
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1 that's directly contrary, first of all, to the law.
2 MS. COX: I object. I don't believe I said that.
3 THE COURT: Overruled.
4 THE WITNESS: Directly contrary to the law, and
5 it doesn't make any sense.
6 I mean, if -- if you think about it, not for very
7 long, if a victim -- somebody steals your money, and they
8 go out and they go to Las Vegas and they gamble it and
9 they make a gain on it and they squander away your money,
10 and now a trustee is appointed to try and get your money
11 back for you, what Ms. Cox's posting says is that you,
12 the party whose money was stolen, should pay the tax, not
13 the thief who realized the gain.
14 BY MR. AMAN: (continuing)
15 Q. Now, I want to talk a little bit about how you went
16 about handling the tax issues here.
17 So when you put the plan together with the
18 bankruptcy court and it was approved by the Court, did
19 you and others at Obsidian, did you have an understanding
20 about how the taxes would work for a liquidating trust?
21 A. Yes. And, I mean, first of all, I've had 30 years of
22 experience. But also, in addition to that, we have
23 people within the firm that are three tax experts, and we
24 use outside tax experts. So there was no question about
25 how to treat a liquidating trust.
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1 Q. So there is no question in your mind that the way you
2 were treating it was accurate?
3 A. Not only that, but we actually, in the Obsidian
4 Finance agreement, we set forth exactly how the
5 taxes -- the structure and how the taxes would be paid in
6 the liquidating trust agreement, which was approved by
7 the federal bankruptcy judge, which was sent to the
8 Internal Revenue Service, which was sent to the Oregon
9 Department of Revenue.
10 None of them ever objected to the plan, said it's
11 wrong. None of them have ever said it's wrong because
12 it's right. This is not an area of gray. This is an
13 area of black and white. There is only one way to do
14 this, the way we did it.
15 Q. And Ms. Cox's blog posting is false in the way it
16 states that it's supposed to be done?
17 A. It's directly contrary, it defies common sense, and
18 it is completely incorrect in terms of what the law is.
19 Q. How have Ms. Cox's false statements impacted your
20 business?
21 A. It has caused significant damage, particularly on the
22 advisory side of the business, but it's even spilled over
23 to the investment side of the business now.
24 Q. And why is that?
25 A. Because, just what I testified to before: When
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1 people -- even if they've been referred by an existing
2 party that we've dealt with, they go and look at a number
3 of parties to decide whether to use their services. When
4 they come upon a post that says that we were not -- we
5 were criminally guilty of tax fraud, a crime, they --
6 what they do, the same thing I would do, is say, You know
7 what? I have three other firms I could go to. Why would
8 I want to be involved with a firm that is accused of a
9 crime?
10 Q. Now, can you describe for the jury a typical
11 engagement for your business and the revenue and the
12 profit that you generate from a typical engagement?
13 A. On the advisory side of our business, it depends on
14 the size of the transaction. We would typically have
15 revenues of at least $100,000 and up to $5 million and,
16 in some cases, more than $5 million.
17 Q. And what have you seen in terms of your advisory
18 business?
19 A. Our advisory business has dropped off almost to
20 nothing.
21 Q. Did you go look this morning to see whether or not
22 Ms. Cox's posting that's in Exhibit 1-A, whether that's
23 still accessible on the Internet?
24 A. I did.
25 Q. And what did you see?
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1 A. It's there. It's there, page after page. It's not
2 just one posting. It's multiple -- it's multiple sites.
3 And the sites have names on them that would imply that
4 they're legitimate sites.
5 MS. COX: I object. This is about one blog post
6 on one site.
7 THE COURT: Overruled.
8 THE WITNESS: The site that -- this post is on a
9 site called EthicsComplaint.com.
10 THE COURT: Hang on a second. You're beyond now
11 of the question. The objection is sustained.
12 Go ahead.
13 MR. AMAN: I'll follow up.
14 BY MR. AMAN: (continuing)
15 Q. Can you give the jury an example of a website where
16 this posting appears?
17 A. Yes. It's on a site called EthicsComplaint.com.
18 When you see a name like this, you think it's a
19 legitimate site. You think it's somewhere that somebody
20 would file an ethics complaint against somebody. And as
21 an attorney, you'd think it's a site where somebody would
22 file an ethics complaint against an attorney. But in
23 fact, it's one of Ms. Cox's sites. And it's on others of
24 her sites.
25 Q. You mentioned that there was a confirmed plan, which
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1 included the liquidating trust agreement, confirmed by
2 the Court. I just want to make sure that we identify
3 that. It's Exhibit 30.
4 If you look at the front of that, is that the
5 plan that you were referring to? I'm not going to have
6 you look at it in detail right now, but is that the plan
7 you're referring to?
8 A. Yes.
9 MR. AMAN: Your Honor, we offer Exhibit 30 into
10 evidence.
11 THE COURT: Do you have any objection?
12 MS. COX: No.
13 THE COURT: It's received.
14 MR. AMAN: We also offer Exhibit 1-A, Your Honor.
15 THE COURT: Do you have any objection?
16 MS. COX: No.
17 THE COURT: Received.
18 MR. AMAN: No further questions, Your Honor.
19 THE COURT: Cross-examine.
20
21 CROSS-EXAMINATION
22 BY MS. COX:
23 Q. Mr. Padrick, when did you first see this blog posting
24 on December 25th? When did you first read it?
25 A. I don't know. Shortly -- I assume shortly after
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1 that. I don't -- I try not to look at your sites, so I
2 was alerted by, I think, one of my employees and looked
3 at it.
4 Q. And this post caused you financial harm between
5 December 25th and January 14th?
6 A. I'm sure it did. But more importantly, it's caused
7 me significant harm thereafter and will cause me
8 significant harm for the entirety of my career.
9 Q. Why did you not introduce it into this case until
10 July 22nd of 2011?
11 A. (Pause).
12 MR. AMAN: You can answer if you can.
13 THE WITNESS: We did. We told you that the
14 statements about tax fraud that you made were false and
15 you needed to take them down.
16 BY MS. COX: (continuing)
17 Q. Why did you not give defendant, me, a blog post to
18 take down? Why did you not ask me take down any
19 particular blog post?
20 A. I wanted you to take down any post that accuses us of
21 tax fraud, any post. It doesn't make any difference if
22 it was this post or the post on EthicsComplaint.com or
23 the post on ObsidianFinanceGroupSucks.com or any of your
24 many websites. We want you to take them all down.
25 Q. Why did you not provide proof to me that that was
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1 false so that I could look at it and remove the post?
2 A. We told you it was false.
3 Q. Why did you not provide documented proof of any kind
4 or call me and try to talk to me about it being
5 nonfactual?
6 A. My attorney sent you e-mails and told you to take it
7 down.
8 Q. What date was that e-mail?
9 A. It was shortly after the post. I don't know exactly
10 when.
11 Q. It was December 22nd.
12 A. Okay. Shortly before that particular post, we told
13 you to take down the tax fraud posts.
14 Q. Do you have documentation of exact revenue loss due
15 to this exact blog post in any way?
16 A. We know that from our -- we have had only one
17 advisory assignment, new advisory assignment in 2011.
18 This is -- this is a period of distress in the economy.
19 It's a period of structuring -- this is the time when we
20 would normally be involved in the greatest amount of
21 advisory business. We have had one.
22 I can give you specific examples of when we have
23 had a client call us and say that they tried to refer a
24 new client to us and that client is asking them about
25 your blog post; and then we had to provide information to
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1 our existing client, to try to go to the potential new
2 client, and then we didn't get that business.
3 I can give you examples of how businesses that we
4 have tried to start because our advisory business -- you
5 killed our advisory business -- where we tried to start
6 new businesses and fund new businesses. And the people
7 involved in those businesses would normally want us to be
8 involved in the business and have said to us they're so
9 afraid that if -- because of what you said that, one,
10 either you'll go after them or, two, that the damage as a
11 result of that blog post will cause their business to be
12 adversely impacted by our reputation.
13 THE COURT: Can you do me a favor and just move
14 back a little bit from or move the microphone back a
15 little bit from you.
16 THE WITNESS: Sorry.
17 BY MS. COX: (continuing)
18 Q. Do you have documented proof that this blog post
19 caused you any financial damage whatsoever?
20 A. I told you what it is. It's common sense. Anybody
21 who is in business, anybody in business knows that the
22 first thing you do --
23 Q. Okay.
24 A. I think I get to answer your question.
25 THE COURT: Well, actually, you're not answering
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1 her question.
2 Go ahead.
3 BY MS. COX: (continuing)
4 Q. Did you prove that defendant knowingly -- that I
5 knowingly posted false information about your company?
6 MR. AMAN: Objection, Your Honor.
7 THE COURT: Sustained.
8 MR. AMAN: Thank you.
9 BY MS. COX: (continuing)
10 Q. Have you read any other blogs that talk derogatory
11 about your company regarding the Summit 1031 bankruptcy?
12 MR. AMAN: Objection, Your Honor.
13 THE COURT: Overruled.
14 MR. AMAN: Thank you.
15 BY MS. COX: (continuing)
16 Q. Have you been in other lawsuits?
17 THE COURT: Wait a minute. That means you get to
18 answer the question.
19 MS. COX: Oh, sorry.
20 THE WITNESS: Yes. A blog from the daughter, who
21 was the recipient of stolen monies from Summit 1031, and
22 who is the daughter of one of the parties indicted by the
23 federal grand jury. So that's the only other one.
24 BY MS. COX: (continuing)
25 Q. That's the only one that you've ever read?
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1 A. That's the only other one that I've ever read.
2 That's what you asked me.
3 Q. Have you heard of any other blogs talking derogatory
4 or news articles about your company whatsoever?
5 A. No.
6 Q. Have you been accused of anything similar to what I
7 write about in any other legal cases, such as the
8 Cascadia case?
9 A. Tax fraud? No.
10 Q. I did not accuse you of tax fraud. I asked you a
11 question. I'm talking about deferred gains, conflict of
12 interest, issues regarding a bankruptcy proceeding. Have
13 you ever been accused by any other federal court?
14 A. No. We have been -- we have had -- in the Cascadia
15 case, there was a -- the Court said that a portion of our
16 fees would not be allowed due to a conflict of interest
17 occurring on a certain date. Fees were allowed prior to
18 that, but not after then.
19 It had nothing to do -- it was a technical issue.
20 The creditors actually wrote a paper in support -- the
21 actual creditors of the case actually wrote a paper in
22 support of our position.
23 Q. Do you have documented proof of the percentage you
24 quoted earlier, the money you got back for the victims?
25 Do you have documented proof for the Court of getting
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1 that money back for the victims or is it just stated?
2 A. No, we have documented proof.
3 Q. Did you have a contract with the Summit principals
4 before you were appointed as the trustee?
5 A. No.
6 Q. No signed contract whatsoever?
7 A. No signed contract with the Summit principals
8 whatsoever; and I would not have had a signed contract
9 with the principals, period.
10 Q. That's not true.
11 THE COURT: That's a statement, not a question.
12 MS. COX: Sorry.
13 THE WITNESS: I'm sorry. I'm leaning too far
14 forward again.
15 BY MS. COX: (continuing)
16 Q. Who appointed you? How did you get the job as the
17 trustee for the Summit bankruptcy?
18 A. We went through the interview process with the U.S.
19 Trustee's Office, and we were appointed.
20 Q. Who invited you to the creditors' meeting to
21 interview for this position?
22 A. To the creditors' meeting? I don't think there was a
23 creditors' meeting.
24 Q. So you went to a creditors' meeting and gave a talk
25 in order to get this job, and you did not have a contract
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1 with Summit, and then you were just appointed?
2 A. No. We were interviewed by the U.S. Trustee's
3 Office. It's not a creditors' meeting.
4 Q. So you had no signed contract with Summit at any
5 time?
6 A. Yes, we had a signed contract with Summit. You asked
7 whether we had a signed contract with the parties who
8 stole the money, and the answer is we never had a signed
9 contract with them. We had a signed contract with Summit
10 for the purpose of liquidating the assets for the benefit
11 of the victims.
12 Q. Was it unusual to be appointed as a trustee by a
13 federal judge, or is that standard practice?
14 A. It's standard practice to appoint trustees, and it's
15 not unusual at all to appoint a Chapter 11 trustee.
16 Q. Did you ever deny any legitimate offers before your
17 commission was in place?
18 A. Didn't deny any legitimate offers.
19 MS. COX: No further questions.
20 THE COURT: Redirect?
21 MR. AMAN: None, Your Honor. Thank you.
22 THE COURT: You may step down.
23 Members of the jury, it's just about noon.
24 Before we get to the next witness, we'll go ahead and
25 take our midday recess at this time.
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1 Let's be in recess until one o'clock. We'll
2 start right at one o'clock. Thank you very much.
3 Remember the instruction: Don't talk about the case.
4 We'll see you after lunch.
5 (The jury leaves the courtroom.)
6 THE COURT: See you all at 1:00.
7 MR. AMAN: Thank you.
8 (A lunch recess is then taken. The Court,
9 counsel, the parties, and the jury reconvene.)
10 THE COURT: Call your next witness.
11 MR. AMAN: Plaintiffs call Patty Whittington.
12 THE CLERK: Step forward, please. Raise your
13 right hand.
14
15 PATRICIA WHITTINGTON
16 called as a witness in behalf of the Plaintiffs, having
17 been first duly sworn, is examined and testifies as
18 follows:
19
20 THE CLERK: Please state your name for the
21 record.
22 THE WITNESS: Patricia Whittington,
23 W-h-i-t-t-i-n-g-t-o-n.
24 THE CLERK: Thank you. Please be seated.
25 And speak into the microphone, please, but you
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1 don't have to be right on top of it.
2 THE WITNESS: Okay.
3 THE CLERK: Thank you.
4 THE COURT: You may inquire.
5
6 DIRECT EXAMINATION
7 BY MR. AMAN:
8 Q. How are you currently employed?
9 A. I'm a vice president at Obsidian Finance Group.
10 Q. And how long have you held that position?
11 A. I have worked there since 2003.
12 THE JUROR: I can't hear.
13 THE WITNESS: I've worked there since 2003.
14 BY MR. AMAN: (continuing)
15 Q. And could you tell the jury about your educational
16 background?
17 A. Yes. I have a bachelor of science degree, with an
18 emphasis in business from Oregon State University, and I
19 graduated in 2003.
20 Q. And could you please describe for the jury your
21 professional experience before you came to Obsidian.
22 A. Yeah. I'll work backwards.
23 Just before Obsidian, I was the tax director at
24 Pope & Talbot here in Portland, Oregon; and I was there
25 for five years. Prior to that, I was a senior vice
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1 president and director of tax at U.S. Bankcorp. here in
2 Portland, Oregon; and I was there about seven and a half
3 or eight years. And prior to that, I worked for
4 Deloitte & Touche. I was a tax manager, and I worked
5 there for seven years.
6 Q. And you started working at Deloitte & Touche in 1984;
7 is that right?
8 A. Yeah. I think it was February of '84.
9 Q. So when did you graduate from Oregon State
10 University? Was it '83?
11 A. Yes.
12 Q. Do you hold any professional certificates?
13 A. I'm a CPA, licensed in the state of Oregon.
14 Q. So based on what you've testified to, would it be
15 fair to say you've been involved in tax accounting since
16 1983?
17 A. Yes. Actually, all of my career has been involved in
18 the tax accounting area.
19 Q. And what are your job duties at Obsidian as vice
20 president?
21 A. Currently I'm responsible for finance, tax, and
22 operations. Then I also work on our client advisory
23 matters.
24 Q. And did you have a role in connection with the Summit
25 bankruptcy?
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1 A. Yeah. I actually did quite a number of things
2 related to the Summit bankruptcy, but among them was
3 arranging for the preparation of the income tax returns
4 that needed to be prepared for the bankruptcy.
5 Q. And so what did you do to do that?
6 A. Well, I investigated a number of accounting firms as
7 options to prepare the tax returns. I evaluated them,
8 and then I made a recommendation to Kevin to select Moss
9 Adams to prepare the tax returns.
10 Q. Why did you recommend Moss Adams?
11 A. They're a large local firm, well-respected; and
12 importantly, at the time I knew they were working on the
13 Sunwest bankruptcy, which was another large bankruptcy
14 filed around the same time as Summit.
15 Q. And before you hired Moss Adams, had you reached any
16 preliminary conclusions about the tax treatment?
17 A. I had.
18 Q. Can you describe what you concluded?
19 A. Yes. The Summit bankruptcy was -- the plan was going
20 to be confirmed, which means the bankruptcy was ending
21 and the bankruptcy assets were being transferred into a
22 liquidating trust. And there are specific tax rules
23 about how that's supposed to be handled.
24 Q. So why don't we walk through the first step in the
25 process, when the bankruptcy estate assets are
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1 transferred out. Why don't you just tell us, what's the
2 first thing that happens?
3 A. Okay. Actually, the first step, in the bankrupt
4 entity, the assets are marked to market, to their fair
5 market value, and gains or losses recognized in that
6 bankrupt entity. That's the first step.
7 Q. And that would have been in Summit?
8 A. In Summit and all those related entities that held
9 assets.
10 Q. All right. And then what's the next step in the
11 process?
12 A. The next step -- I'll use the word "deemed," because
13 that's what the tax rules call it. You don't actually
14 transfer things out to people and transfer them back, but
15 the tax rules require that the assets be deemed to be
16 transferred to the creditors of the bankruptcy at fair
17 market value. And then the creditors are deemed to
18 recontribute those assets to the liquidating trust, with
19 a fair market value basis.
20 So it's like you gave the property out to the
21 creditors in satisfaction of the claims they had to the
22 bankruptcy, and they put it back in the trust to be
23 liquidated. And the basis is fair market value.
24 Q. So when you say "basis," can you give us an example
25 of how that works?
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1 A. Yeah. I'm talking about tax basis. The simplest
2 example of that is when you buy something and your cost
3 is the tax basis. So if you paid $100 for it, that's
4 your tax basis. If that's the cost -- there are no other
5 rules that apply to a cost as your tax basis.
6 Q. So why would it matter to know your tax basis? Why
7 is it important to know?
8 A. Well, it was important in the liquidating trust for
9 them to know the tax basis because that's -- that's from
10 where gain or loss would be measured, when the assets
11 were later sold out of the liquidating trust. So they
12 were transferred in at fair market value; and then after
13 that, when they were sold, that's where you'd measure the
14 gain or loss.
15 Q. So as an example, if the original purchase had been
16 for $100, but the fair market value at the time of the
17 transfer was 200, what would have been the tax basis that
18 the liquidating trust had?
19 A. Do you want me to start with where the gain was
20 recognized --
21 Q. Sure.
22 A. -- just so maybe you can follow it through a little
23 bit?
24 If the basis was $100, that's what it was
25 purchased for, and the fair market value was $200, $100
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1 of gain is recognized in the bankrupt estate, the
2 bankrupt entity, and that gain -- that's where the tax is
3 paid, on that gain. The asset is deemed transferred to
4 the creditor, $200 basis; transferred back to the trust,
5 $200 basis; and that's what the basis is in the
6 liquidating trust. If they sold it for $200, there would
7 be no gain or loss to the creditors.
8 Q. So to the extent that there was any gain -- I mean,
9 gains that were deferred earlier, those wouldn't be
10 recognized by the trust?
11 A. That's correct.
12 Q. For the liquidating trust purposes, Ms. Whittington,
13 did you -- is the liquidating trust actually an entity
14 that pays taxes?
15 A. It's not. It's a grantor trust, which means every
16 year we prepare -- actually, the tax preparers prepare a
17 tax return. And attached to that return are information
18 reports for each of the beneficiaries of the trust, who
19 are the creditors, who were the creditors of the
20 bankruptcy; and it tells them their proportionate share
21 of the activity in the trust. And then they take it, and
22 they're required to report it on their tax return.
23 Q. Now, when you hired Moss Adams, did they confirm your
24 understanding of the tax treatment?
25 A. They did.
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1 Q. Now, in your work in the Summit bankruptcy case, did
2 you become familiar with the tax and the other accounting
3 that the Summit principals engaged in?
4 A. Well, I say -- I saw a number of their electronic
5 files that were on a computer hard drive, and I saw some
6 prior year tax returns and work papers related to the tax
7 basis.
8 Q. And did you determine that they had, in fact,
9 deferred gains for a number of years?
10 A. It looked to me like they had been deferring gains,
11 using Section 1031, like-kind exchange, for some period
12 of time. I don't know how long.
13 Q. And was it likely that when this transfer occurred as
14 part of the bankruptcy, that there may have been a tax
15 impact on them?
16 A. Of course, I don't know how they did their tax
17 returns, but that is where the gain or loss should have
18 been recognized, those last gains or losses, in the
19 bankrupt entity, before the assets are transferred to the
20 trust.
21 Q. So have you read Ms. Cox's statements that are in
22 Exhibit 1-A related to the tax fraud issue?
23 A. I have.
24 Q. Why don't we pull those up.
25 And you can just look at your screen there.
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1 A. It's really small.
2 Q. We're going to pull it up.
3 A. Okay. It's really small.
4 Q. Now, you see the statement, the first statement says
5 that "The Summit principals also did their own 1031
6 exchanges during the past years as they purchased and
7 sold properties. When you do an exchange, you have
8 deferred gain that you don't pay tax on until you sell
9 the property."
10 Do you see that?
11 A. I see that.
12 Q. And that's consistent with what you saw?
13 A. Yes.
14 Q. But the next statement says, "When Kevin Padrick, as
15 Chapter 11 trustee, did a turnover of all the assets to
16 his liquidating trust, these deferred gains became tax
17 liabilities to the liquidating trust." Do you see that?
18 A. I do see that.
19 Q. And is that accurate?
20 A. No. That's incorrect.
21 Q. The next statement says, "However, Obsidian Finance's
22 accounting staff is conveniently leaving these deferred
23 gains out of their tax returns." Do you see that?
24 A. I do see that.
25 Q. And you didn't put them in the tax returns for the
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1 liquidating trust because it wasn't required under the
2 tax code; is that correct?
3 A. That's correct.
4 Q. You also, in your job at Obsidian, you do finance
5 accounting for the company itself, correct?
6 A. I do.
7 Q. And since the beginning of this year, what have you
8 seen in terms of the revenues that you've generated from
9 the advisory business?
10 A. Our advisory business is significantly down this
11 year.
12 Q. And what would you estimate that it's down from the
13 past?
14 A. My estimate is about a million dollars this year.
15 MR. AMAN: No further questions, Your Honor.
16 Thank you.
17 THE COURT: Cross-examine.
18
19 CROSS-EXAMINATION
20 BY MS. COX:
21 Q. This blog post that you just talked about, was the
22 title a question or a statement?
23 A. I don't know.
24 MS. COX: Could we -- I guess I have no way to
25 pull it up again.
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1 BY MS. COX: (continuing)
2 Q. But you're familiar with the post where it says "Tax
3 fraud," question mark?
4 THE COURT: They'll pull it back up for you.
5 MR. AMAN: We can certainly do that.
6 MS. COX: Thank you.
7 MR. AMAN: Can you tell us what part?
8 MS. COX: Exactly what you were saying, where it
9 says, "Tax fraud," question mark. At the top of what you
10 just read, the top of it said, "Tax fraud," question
11 mark, "Brought against the government," question mark,
12 "Gee, ya think," question mark.
13 Thank you.
14 BY MS. COX: (continuing)
15 Q. Would you say that that's a question or a statement?
16 A. That's your statement. I actually don't know.
17 Q. What you just testified to was right below that, just
18 on the screen.
19 A. Uh-huh.
20 Q. And so that is asking a question about everything
21 beneath that, would you agree?
22 A. No.
23 Q. So you're saying that that's a statement?
24 A. If you would like me to say those are question marks,
25 yes, I'll say that. If you would like me to say that's a
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1 question of everything below, no, I can't actually say
2 that. I don't know.
3 Q. Okay. When did you first read this blog post?
4 A. I don't know.
5 Q. Was it between December 25th and January 14th, by
6 your recollection?
7 A. I can only say possibly. It was talked about at our
8 office, so --
9 Q. Do you have any information that proves actual
10 revenue loss due to this exact blog post?
11 A. No, I don't have that.
12 Q. Are you aware that Obsidian Finance Group had a
13 contract with Summit at any time?
14 A. You'll have to -- Summit?
15 Q. Summit Accommodators.
16 A. I think -- I actually don't know if it was ever
17 approved by the bankruptcy court. So there was a draft,
18 I do know. I don't know whether it was approved by the
19 bankruptcy court.
20 Q. What is the difference between the Summit
21 Accommodators and the Summit 1031 exchangers, just for
22 clarity?
23 A. According to my information, it was -- one was a dba,
24 doing business as, and one was the company.
25 Q. Were they the same owners?
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1 A. To my knowledge, yes.
2 Q. Have you read any other derogatory blogs that say
3 anything negative about Obsidian in any way?
4 A. Yes.
5 Q. Can you tell me what blogs besides the defendant's,
6 mine?
7 A. No other ones besides yours.
8 Q. Did you at any time contact -- When you became aware
9 that this blog post was a problem to Obsidian, did you at
10 any time contact the defendant and ask for this post to
11 be removed?
12 A. No.
13 Q. Do you have any proof that I knowingly posted false
14 information on this blog?
15 MR. AMAN: Objection, Your Honor.
16 THE COURT: Sustained.
17 MR. AMAN: Thank you.
18 BY MS. COX: (continuing)
19 Q. Were you aware of all of Kevin Padrick's duties and
20 activities regarding the Summit bankruptcy?
21 A. All?
22 Q. Yes.
23 A. No, I can't say all. Many.
24 Q. I think I may have asked this, but do you have any
25 proof that there was actual revenue lost between
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1 January 25th -- or January 14th and December -- the prior
2 December 25th, with Obsidian Finance?
3 A. Yeah, I don't know the dates.
4 Q. You don't have proof that this exact blog post --
5 A. No, no.
6 Q. So are you familiar with the bankruptcy code?
7 A. I'm not a lawyer. So I am familiar with the parts
8 that I've worked with.
9 Q. Are you familiar with Summit having a contract with
10 Obsidian Finance and taking a retainer of $100,000 to be
11 their client, for Summit to be the client of Obsidian
12 Finance?
13 MR. AMAN: Objection. That's outside the scope
14 of direct.
15 THE COURT: Overruled. You can answer that.
16 THE WITNESS: I can't remember how you started
17 that question. Am I --
18 BY MS. COX: (continuing)
19 Q. Are you aware of -- You say you do the accounting for
20 Obsidian Finance, right?
21 A. Yes.
22 Q. Are you aware of a -- or Summit Accommodators, the
23 Summit principals, the owners, had a contract with
24 Obsidian Finance, a signed contract? They took a
25 $100,000 retainer to represent them as their client. Are
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1 you aware of this retainer?
2 A. I was aware of the retainer, yes.
3 Q. Was this retainer returned to Summit or was it part
4 of the income of Obsidian?
5 A. It was not returned to Summit. It was applied
6 against the fees.
7 Q. Are you aware of what services Obsidian Finance
8 provided for Summit?
9 A. Well, where do you want me start?
10 Q. Would you say that Obsidian Finance Group -- that
11 Summit Accommodators was a client of Obsidian Finance
12 Group via this retainer and this contract?
13 A. Yes. I don't -- I'm not sure that's how the
14 bankruptcy views it, but I'm not a lawyer. So I would
15 have called it a client.
16 Q. But you -- in your records of your business, there
17 is -- there is documented proof that Obsidian Finance
18 Group was under a contractual obligation, a contract
19 agreement, and paid for those services with Summit
20 Accommodators, Summit principals, those same four men.
21 MR. AMAN: Objection, Your Honor, misstates her
22 testimony.
23 THE COURT: Overruled.
24 You can answer.
25 THE WITNESS: I'm not -- I'm not sure I
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1 understand. Used their money? Whose?
2 BY MS. COX: (continuing)
3 Q. My question is: Was Obsidian Finance Group under a
4 contractual obligation? Was there -- I'm looking for,
5 there was a possible breach of contract. Was Obsidian
6 Finance -- you just testified that they took a $100,000
7 retainer for service, so that would mean that Summit was
8 a client of Obsidian Finance Group.
9 A. Yes.
10 Q. And this was before Obsidian Finance Group took the
11 job as trustee, which was taking that personal and
12 privileged information and working for the creditors
13 committee, which is essentially on the opposite side,
14 against their client.
15 A. I'm not sure what you want me to say exactly. I
16 don't --
17 Q. Okay. I just want you to tell us whether or not
18 Obsidian Finance Group had a contractual obligation to
19 their client, Summit Accommodators.
20 A. I don't know. I'm not a lawyer. Because I'm not
21 sure -- I don't quite understand what you're asking,
22 so --
23 Q. But your company took a $100,000 retainer, yes?
24 A. I confirmed that, yes.
25 Q. And this was taken onto the books as a service
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1 rendered?
2 A. Do you want to know what we did at first?
3 Q. No, just a yes or no, that it was a service rendered
4 to a company, $100,000.
5 A. Yes.
6 Q. And this company was Summit?
7 A. Yes.
8 Q. So you agree there was a contractual agreement
9 between Obsidian Finance Group and Summit?
10 A. I'm not a lawyer, so I don't know how you're using
11 those terms, so I don't know how to answer that.
12 MS. COX: Can I have a minute to find that
13 exhibit, that contract?
14 THE COURT: Sure.
15 MS. COX: May I admit this contract into
16 exhibits?
17 THE COURT: Not exactly just like that. But you
18 may want to show that exhibit to the witness, and maybe
19 the witness can identify it.
20 MS. COX: I'm not really sure how to do it.
21 THE COURT: Michelle, can you help her?
22 THE CLERK: One second.
23 THE COURT: It's up now.
24 THE CLERK: This is not being published.
25
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1 BY MS. COX: (continuing)
2 Q. And Obsidian is your company?
3 A. Yes.
4 THE COURT: Do you have any objection to this
5 exhibit?
6 MR. AMAN: No, Your Honor.
7 BY MS. COX: (continuing)
8 Q. Does this look like a familiar --
9 THE COURT: Hang on a second. The plaintiffs
10 don't have any objection to this evidence. If you want
11 to offer that exhibit, why don't you tell us what number
12 it is.
13 MS. COX: It's Exhibit 527.
14 THE COURT: 527 will be received.
15 Now we can turn it on for the jury, and they can
16 see.
17 THE CLERK: It's on.
18 BY MS. COX: (continuing)
19 Q. So this is your letterhead from your company?
20 A. Yes.
21 Q. And this contract is a contract that you recognize as
22 being, so far, from this first page, familiar with the
23 contract within your company?
24 A. Yes.
25 Q. This is the second page of the contract. Does this
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1 seem like a reasonable part of the contract?
2 A. It appears to be, yes.
3 Q. This is page 3.
4 A. Okay. I can't see the page numbers, but --
5 Q. It talks about conflicts of interest.
6 A. Okay.
7 Q. And it's a contract basically between -- this is a
8 contract between Obsidian Finance Group and Summit. And
9 this is -- is this the signature of Kevin Padrick?
10 A. No. That's me.
11 Q. This is?
12 A. Yes, PLW.
13 Q. So you signed for Kevin Padrick?
14 A. Yeah. He may have been not in the office.
15 Q. So you took a $100,000 retainer, which was taken in
16 as a service. So you were under -- so Obsidian Finance
17 Group was under contract with Summit to prepare -- to
18 provide financial services to help them restructure their
19 debt?
20 A. Restructure their debt? They were in bankruptcy and
21 they were liquidating, not restructuring.
22 Q. Was -- you're saying -- you're testifying that
23 Obsidian -- that Summit was in bankruptcy when they hired
24 Obsidian Finance Group.
25 A. To my knowledge, yes. We weren't -- we didn't work
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1 for them before.
2 Q. Mr. Padrick testified earlier that he was -- talked
3 to the Summit principals before they filed for
4 bankruptcy. The records show that he was under contract.
5 This contract was before the Summit principals filed for
6 bankruptcy. And you signed this contract?
7 A. We do those in connection with the bankruptcy. So I
8 don't know the exact dates. It was about -- just about
9 three years ago. But if we were working on it, it was
10 just starting at the time of the bankruptcy filing. They
11 were preparing to file or something like that.
12 Q. But you are in agreement that Obsidian Finance Group
13 was in contract to represent Summit and took money for
14 those services?
15 A. We had that agreement, yes.
16 Q. And that Summit was -- so Obsidian Finance had a
17 contractual obligation to the Summit principals?
18 THE COURT: You've asked that question several
19 times now, and it's already been answered several times.
20 MS. COX: Okay.
21 BY MS. COX: (continuing)
22 Q. What are the pros and cons between a liquidating
23 trust versus a debtor in possession of reorganizing a
24 debt, in your opinion, or your professional opinion and
25 experience?
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1 A. I think it's a legal question. If you would like
2 my -- my understanding, debtor in possession
3 reorganization means the company goes on. Liquidating
4 trust, the company is liquidating; it does not go on.
5 Q. So Obsidian Finance Group was under contract with
6 Summit when they were trying to reorganize their debt;
7 and a liquidating trust, then, is part of a bankruptcy,
8 which happens later?
9 A. I -- I don't know what the contract says. I don't
10 remember it ever as a reorganization. I always recall it
11 as a liquidation.
12 Q. This contract with Obsidian Finance Group wasn't to
13 help them reorganize?
14 A. Unless it says that. In bankruptcy, you can be in
15 Chapter 11 and be liquidating.
16 Q. I'm not an attorney either --
17 A. Yeah.
18 Q. -- or a CPA. I'm not sure what this contract means,
19 that Obsidian Finance Group was obligated to Summit. Can
20 I -- can you tell me what this contract says the
21 obligation from Obsidian to Summit is?
22 A. I would have to read the whole thing, think about it.
23 I don't know. It was three years ago. It is what it
24 says. I'm telling you my memory is it was a liquidation,
25 not a reorganization.
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1 Q. Are you aware of any privileged or financial
2 information that Summit -- that Summit provided Obsidian
3 Finance Group before their bankruptcy?
4 A. Privileged? No.
5 Q. Did -- was there any software, any database at all
6 that Summit turned over to Obsidian, where Obsidian would
7 know any financial information about them before they
8 were involved as a trustee?
9 A. Before trustee?
10 Q. Before they were appointed --
11 A. Trustee wasn't until February. So yes, after the
12 bankruptcy.
13 Q. Do you feel that Obsidian Finance Group ethically and
14 legally honored their contract with Summit?
15 A. Yes, I do.
16 Q. Do you have any proof that this exact blog post
17 caused any financial damages on your books to --
18 caused -- that anybody told you this exact blog post
19 caused a certain amount of provable financial damage to
20 Obsidian Finance?
21 A. I can't prove what people looked at.
22 MS. COX: Thank you. No further questions.
23 THE COURT: Redirect?
24 MR. AMAN: Yes, Your Honor.
25
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1 REDIRECT EXAMINATION
2 BY MR. AMAN:
3 Q. So I want to go back to the exhibit you've been
4 looking at, Exhibit 527, which is the contract.
5 A. Okay. It's gone.
6 Q. We'll pull it up.
7 So let's go to the introduction section, where it
8 talks about who the parties are.
9 A. Uh-huh.
10 Q. Because we heard the question asked different ways --
11 A. Right.
12 Q. -- so I just want to clarify it.
13 You'll see that the letter confirms that Obsidian
14 Finance has been retained by Summit Accommodators, Inc.
15 Now, that's the company, Summit Accommodators,
16 correct?
17 A. That's correct.
18 Q. They weren't hired by the shareholders to represent
19 the shareholders, were they?
20 A. That's correct.
21 Q. And your understanding was they were hired to
22 liquidate real estate and assets of the company?
23 A. That is my recollection, yes.
24 Q. And that's, in fact, what ended up happening when
25 Mr. Padrick and Obsidian were appointed to do that as
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1 part of the bankruptcy case, correct?
2 A. That's correct.
3 Q. And, in fact, that approval came from the bankruptcy
4 court itself?
5 A. That's correct.
6 MR. AMAN: Nothing further, Your Honor. Thank
7 you.
8 THE COURT: You may step down.
9 Do you have the 571 exhibit, Ms. Cox?
10 MS. COX: 527.
11 THE COURT: So since it's been offered into
12 evidence, it now belongs to the Court. So make sure that
13 Michelle --
14 THE CLERK: I have the original.
15 THE COURT: Never mind. We have the original.
16 Call your next witness.
17 (There is a pause in the proceedings.)
18 MR. AMAN: I don't think I said this, Your Honor.
19 Plaintiffs call Bob Madrigal.
20 THE COURT: Thank you.
21 THE CLERK: Please step forward. Raise your
22 right hand, please.
23
24
25
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1 ROBERT MADRIGAL
2 called as a witness in behalf of the Plaintiffs, having
3 been first duly sworn, is examined and testifies as
4 follows:
5
6 THE CLERK: Please state your name for the
7 record.
8 THE WITNESS: Robert Madrigal.
9 THE CLERK: Spell your last name.
10 THE WITNESS: M-a-d-r-i-g-a-l.
11 THE CLERK: Thank you.
12 If you could just walk around to the stairs and
13 be seated.
14
15 DIRECT EXAMINATION
16 BY MR. AMAN:
17 Q. Good afternoon. Could you tell the jury how you're
18 currently employed?
19 A. I am currently employed at the University of Oregon,
20 in the marketing department, at the Lundquist College of
21 Business.
22 Q. And how long have you been in that position?
23 A. I've been there since 1995.
24 Q. And prior to that time, could you tell us what you
25 did?
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1 A. Prior to that time, I was working at Ohio State
2 University for three years; and then prior to that, at
3 Arizona State University for two years.
4 Q. And could you tell the jury about the courses that
5 you've taught at U of O and Ohio State?
6 A. Sure.
7 I've taught at every level: the undergraduate,
8 MBA level, and doctoral level. I teach classes in
9 consumer behavior; at the undergraduate level, sports
10 marketing classes, including sports sponsorship, sports
11 marketing. At the MBA level, I teach the sponsorship
12 class. At the doctoral level, I teach a lot of classes.
13 I teach the research methods class. I teach a seminar in
14 consumer behavior. I've also run a seminar on
15 marketplace deception. And I also do a statistics class,
16 structural equation modeling.
17 Q. And have you done academic research as well in the
18 marketing area?
19 A. Yes, I have.
20 Q. Could you describe that for the jury, please.
21 A. My work principally focuses on buyer psychology. I
22 have looked at issues pertaining to decision making in
23 corporate sponsorship. I've worked on research with
24 mixed emotions and decision making. I have also done
25 research on brain personality.
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1 My work has been published in a number of
2 academic journals, including the Journal of Advertising,
3 Journal of Consumer Psychology, Journal of the Academy of
4 Marketing Science, among others.
5 Q. And you were hired by the plaintiffs in this case to
6 give an expert opinion; is that correct?
7 A. Yes.
8 Q. And are you charging your standard compensation for
9 your time?
10 A. Yes.
11 Q. And what is that?
12 A. $350 an hour.
13 Q. And what were you asked to do in connection with this
14 case?
15 A. I was asked to provide expert opinion on the comments
16 made by Ms. Cox in regard to Obsidian and Mr. Padrick.
17 Q. And I want to get to specifically what you were asked
18 and talk about the questions that you were asked to look
19 at.
20 Could you go through the three questions that you
21 were asked to look at in connection with the case?
22 A. Yes.
23 The three issues I was asked to comment on, the
24 first had to do on the likelihood of potential buyers as
25 well as potential business partners of Mr. Padrick and
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1 Obsidian to use the Internet as a source to find out more
2 about that business.
3 The second area that I was asked to comment on
4 was the importance of firm trustworthiness and reputation
5 in a high-risk category, such as the one that Obsidian
6 operates under or in.
7 And then the third area was the likelihood that
8 individuals using the Internet who have entered
9 Mr. Padrick's name or "Obsidian" as key word queries
10 would, in fact, be exposed to other websites.
11 Q. So let's start with the first question that you were
12 asked to look at. What was -- based on your expertise,
13 could you tell us what your opinion is?
14 A. It's probable that potential buyers of a service such
15 as what Obsidian delivers would, in fact, use the
16 Internet as an information source.
17 Q. And why is that?
18 A. Potential buyers engage in external search to improve
19 their decision making. So what happens during external
20 search is a potential buyer will identify key attributes
21 or criteria that they're going to use to judge the
22 effectiveness and form an opinion about a -- about a
23 service or about a new product.
24 In so doing, they use those criteria to compare
25 alternatives. So they could look at firm A, firm B, firm
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1 C, and they have a common set of criteria that they use
2 to evaluate across those various options.
3 The Internet has been increasingly used by people
4 to conduct information searches. It's -- it's --
5 obviously there's a vast amount of information available
6 on the Internet. It's inexpensive, and it's very
7 efficient in terms of the amount of time involved in
8 searching the Internet.
9 Q. Based on your experience, how common is it to do this
10 kind of background research?
11 A. It's extremely common. And I think currently,
12 according to the U.S. census data, somewhere in the
13 neighborhood of 58 percent of all Americans use the
14 Internet to conduct information searches on the Internet.
15 Those include people with and without Internet access.
16 Of those who do have Internet access, the number is
17 closer to 80 percent.
18 So it's a very common means of finding out about
19 products and services, and it's becoming increasingly so
20 each year.
21 Q. One of the things you noted was the fact that this
22 was a -- that the services being provided were high risk.
23 What did you mean by that?
24 A. Obsidian operates -- a high-risk category would be
25 those in which it's very difficult for a potential buyer
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1 or business partner, for that matter, to be able to
2 predict outcomes. It could be the case that a potential
3 buyer has no prior experience in the category or that
4 there's just a lot of risk inherent in the category.
5 A low-risk category, for example, would be
6 something like, you know, buying chewing gum or buying
7 socks. If you make a mistake, you know, with that kind
8 of purchase, there's no great downside consequence.
9 In contrast, in a high-risk category, there is
10 great risk of downside consequence. As a result, in a
11 high-risk category, potential buyers engage in a great
12 deal more time -- they invest a lot more time and effort
13 into searching various alternatives.
14 Q. And so going back to the question that was asked, the
15 first question, is it your expectation that firms that
16 were considering using Obsidian, in the high-risk
17 services, that they would conduct an Internet search?
18 A. Yes. It would be extremely probable that they would,
19 in fact, begin their search with an Internet -- their
20 external search with an Internet search.
21 Q. So let's go to the second question you were asked to
22 give your expert opinion on it.
23 How important is it -- how important is
24 reputation and trustworthiness to a firm like Obsidian
25 and what's your expert opinion on that?
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1 A. Yes. In regard to external search, people are
2 motivated -- potential buyers are motivated to engage in
3 external search in order to reduce the possibility of
4 making the wrong choice. So it's difficult to judge
5 outcomes in a high-risk category, and individuals want to
6 reduce the possibility of making a mistake.
7 So, as a result, the criteria that they use tends
8 to be things that are -- that are somewhat less tangible:
9 trust, reputation. Trust is concerned with a firm's
10 ability to deliver on what it promises. It's concerned
11 with the firm's ability to deliver positive outcomes or
12 at least non-negative outcomes. Reputation is everything
13 that's known about that firm and its standing, everything
14 that's visible about that.
15 So in a high-risk category, where there's a
16 potential for making a big mistake if you choose
17 incorrectly, trust and reputation become extremely
18 important criteria in decision making.
19 Q. And how would you compare it in terms of providing a
20 service versus products? What's the distinction there,
21 if there is any?
22 A. Services are much more problematic. So when you're
23 looking at things like legal services, financial advice,
24 it's very difficult to know how things are going to turn
25 out as a potential buyer.
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1 If you are looking at a new car, looking for a
2 Prius, for example, you know those attributes very
3 directly. I know that I'm going to buy a car that is
4 going to be able to get me, you know, 50 miles per
5 gallon. That's an attribute that's very tangible.
6 In the case of a high-risk category that's a
7 service, those sort of tangible physical attributes don't
8 exist. So it's much more about, you know, who you're
9 doing business with; and therein lies the importance of
10 trustworthiness and reputation.
11 Q. And based on what you testified to, would you say
12 that -- that reputation and trustworthiness are important
13 in a high-risk category of services, such as Obsidian and
14 Mr. Padrick's?
15 A. No question about it. In the type of services that
16 Obsidian offers, again, it's very difficult for a
17 potential buyer to judge what the potential outcome is
18 going to be of that purchase. And it's extremely
19 difficult for many buyers who have never had any prior
20 experience in that category to know what they're buying,
21 in effect.
22 So potential buyers are apt to use, you know,
23 sort of what are call heuristics. A heuristic is a
24 mental shortcut. And the heuristics that would be most
25 important would be reputation and trustworthiness of that
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1 firm.
2 Q. So let's move on to the third question you were asked
3 to look at, and that is: How likely is it that potential
4 buyers would be exposed to other websites, such as
5 Ms. Cox's, when they were doing searches on the Internet
6 for Obsidian and Mr. Padrick?
7 A. I think it would be highly probable that a potential
8 buyer or potential business partner would, in fact, be
9 exposed to other websites when they did an Internet
10 search with the key word queries being either
11 "Mr. Padrick," due to the unique spelling of his name, or
12 "Obsidian."
13 MR. AMAN: No further questions, Your Honor.
14 Thank you.
15 THE COURT: Cross-examine.
16
17 CROSS-EXAMINATION
18 BY MS. COX:
19 Q. Hello.
20 Do you have any proof that anyone -- any client
21 or potential customer actually saw this blog post?
22 A. I do not.
23 Q. Do you have any proof that this blog post is factual
24 or not?
25 A. I do not.
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1 MS. COX: That's all the questions I have.
2 THE COURT: Redirect?
3 MR. AMAN: No, Your Honor. Thank you.
4 THE COURT: You may step down.
5 I assume you want this witness to be excused?
6 MR. AMAN: Yes, Your Honor.
7 THE COURT: You are excused to go about your
8 business.
9 THE WITNESS: Thank you very much.
10 THE COURT: Thank you.
11 Call your next witness.
12 MR. AMAN: We call Gary Stachlowski, please.
13 THE CLERK: Please step forward. Raise your
14 right hand, please, sir.
15
16 GARY STACHLOWSKI
17 called as a witness in behalf of the Plaintiffs, having
18 been first duly sworn, is examined and testifies as
19 follows:
20
21 THE CLERK: Please state your name for the
22 record.
23 THE WITNESS: It's Gary W. Stachlowski.
24 THE CLERK: Spell the last name, please.
25 THE WITNESS: S-t-a-c-h-l-o-w-s-k-i.
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1 THE CLERK: Thank you. Be seated.
2
3 DIRECT EXAMINATION
4 BY MR. AMAN:
5 Q. Good afternoon, Mr. Stachlowski.
6 Could you tell the jury how you're currently
7 employed.
8 A. I'm a CPA with PNW Tax Advisors, and I'm a part owner
9 of that firm.
10 Q. And could you tell the jury about your education and
11 your professional experience.
12 A. I'm a graduate of the University of Washington. I
13 have a bachelor's in business, and I have a master's
14 degree in taxation. I'm licensed as a certified public
15 accountant in the states of Washington and in Oregon, and
16 I've been practicing for over 30 years.
17 Q. And before you were at your current place, PNW Tax
18 Advisors, what other firms did you work with?
19 A. I've been -- I was a tax partner at two of the
20 largest international accounting firms, Arthur Anderson
21 and KPMG.
22 Q. And you were hired by the plaintiffs in this case to
23 provide your expert opinion in connection with certain
24 statements that were made by the defendant, Ms. Cox; is
25 that right?
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1 A. Yes.
2 Q. And you're being paid your standard hourly rate to be
3 here?
4 A. Yes.
5 Q. We're going to go through your opinions in a little
6 more detail here, but you understand that the defendant
7 has made statements that there was tax fraud done in
8 connection with the Summit Accommodators liquidating
9 trust?
10 A. Yes, I understand that.
11 Q. And based on your review of her statement and your
12 understanding of what took place, did you reach an
13 opinion about the truth or falsity of her statement?
14 A. Yes.
15 Q. And what was your opinion?
16 A. Her statements about the tax treatment of the
17 liquidating trust are false, are wrong and false.
18 Q. Now let's go to Exhibit 1-A. We'll pull that up.
19 And this is the posting by Ms. Cox, which is already in
20 evidence.
21 And if you'll go to page 3, we're going to pull
22 up a portion of it so you can see it.
23 A. Okay.
24 Q. You'll see there is a reference in the second
25 paragraph to deferred gain. Do you see that?
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1 A. Yes.
2 Q. And can you explain how gains are calculated for tax
3 purposes generally?
4 A. So a person buys a piece of property, and their basis
5 in that property is what they paid for it. So if I
6 bought a piece of land for $100,000, and I held that land
7 for a couple of years and then sold it for $200,000, I
8 would have a gain of $100,000; $200,000, the sales price,
9 minus the $100,000 that I paid for it.
10 Q. And what do you understand to mean the concept of
11 deferred gains in this context?
12 A. As I understand, the Summit shareholders entered into
13 some like-kind exchanges, whereby they sold some
14 properties in a qualifying like-kind exchange and the
15 gains were deferred in those transactions.
16 Q. Now, when you say a 1031 exchange, we've heard a
17 little bit about that. Could you just describe what that
18 is for the jury?
19 A. 1031 exchange -- 1031 is just the code section of the
20 Internal Revenue Code that says if a taxpayer does a
21 qualified exchange, so meets all the rules for an
22 exchange, they can take one piece of property and
23 exchange it for another piece of property and not pay tax
24 on the gain.
25 So in my example, if I held a piece of land that
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1 went from $100,000 to $200,000 in value, I could exchange
2 that piece of land for another piece of land worth
3 $200,000 and not pay tax on the $100,000 gain, a deferred
4 gain.
5 Q. So I want to pull up --
6 MR. AMAN: Your Honor, we're not offering this as
7 an exhibit. It's just a demonstrative chart.
8 THE COURT: That's fine.
9 BY MR. AMAN: (continuing)
10 Q. I'm just using this as a demonstrative, as we walk
11 through your understanding of the transactions that took
12 place.
13 So let's start with the transfer of Summit's
14 assets from the bankruptcy estate to the liquidating
15 trust, if you could just describe how that worked.
16 A. So the transfer of assets from the bankruptcy estate
17 to the liquidating trust is a deemed transfer of the
18 assets, at fair market value, to that liquidating trust.
19 Q. And can we walk through the steps along the way that
20 get you there?
21 A. The bankruptcy estate transfers the assets to the
22 creditors, in a deemed transfer, to the creditors; and
23 the creditors are deemed to contribute those assets to
24 the Summit liquidating trust. So a two-step process: a
25 transfer at fair market value to the creditors and a
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1 contribution deemed to the liquidating trust.
2 Q. And what is the tax impact of that first transfer
3 from the estate to the beneficiaries?
4 A. That's a taxable transaction, so that the creditors
5 receive that property at their fair market value. So
6 they have a new basis in that property. So if there was
7 deferred gain in any of those pieces of property, it's
8 been eliminated, because it's a deemed taxable transfer
9 to the creditors.
10 Q. And that -- do you refer to that as an adjusted tax
11 basis?
12 A. That would be -- so fair market value at that date of
13 transfer would be the new adjusted tax basis.
14 Q. So to the extent that there are any deferred gains,
15 how would those be handled for tax purposes?
16 A. The deferred gains would be taxable to the creditors.
17 They would not be part or transferred to the liquidating
18 trust.
19 Q. When you say "the creditors," do you mean the
20 shareholders of Summit?
21 A. The Summit beneficiaries -- the creditors will have
22 received those assets, including the shareholders. The
23 shareholders will have gains or losses to recognize, but
24 the creditors may have gains or losses to recognize as
25 well.
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1 Q. Okay. But in terms of the deferred gains that were
2 in existence before the transfer, those are not part of
3 what the beneficiaries have to add in terms of their
4 basis?
5 A. That's correct.
6 Q. And how do you know that that's the proper way to
7 handle the transfer?
8 A. The tax code and the regulations are out there, but
9 the IRS has a revenue procedure that covers the tax
10 guidelines, or provides guidelines for the taxation of a
11 liquidating trust.
12 Q. And did you review the plan, the confirmed plan in
13 the bankruptcy court filings in this Summit Accommodators
14 case?
15 A. I reviewed the confirmed plan and the liquidating
16 trust trust agreement.
17 Q. And did you find references to that revenue
18 procedure?
19 A. That revenue procedure, which is revenue procedure
20 94-45 -- so that's the number, specific number -- was
21 referenced in those documents.
22 Q. And did you review the tax returns that were filed on
23 behalf of the liquidating trust?
24 A. Yes, I did.
25 Q. And did you find that they were -- they were done
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1 consistent with the revenue procedure and the way you
2 just described it?
3 A. So the revenue procedure says that as long as you
4 follow the guidelines of the revenue procedure, a
5 liquidating trust will be treated as a grantor's trust;
6 and those tax returns were prepared consistent with a
7 grantor trust.
8 Q. Now, when the taxes were filed for -- for the
9 liquidating trust, what do the beneficiaries get in that
10 situation?
11 A. The beneficiaries get a letter that says, Here's your
12 share of the income or loss for the period.
13 Q. And does the liquidating trust itself pay taxes?
14 A. So the liquidating trust is a grantor trust. And
15 that means, by definition, that the liquidating trust
16 does not pay tax.
17 Q. And to -- so to the extent that there were any
18 deferred gains before the transfer to the liquidating
19 trust, those gains would not be paid by the liquidating
20 trust itself, correct?
21 A. Those gains have disappeared, and they would not be
22 paid by the liquidating trust.
23 Q. And they wouldn't be paid by the beneficiaries of the
24 trust either, correct?
25 A. That is correct.
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1 Q. And they wouldn't be paid by Obsidian or Mr. Padrick,
2 would they?
3 A. That is correct, they would not be.
4 Q. So let's go to the specific statements.
5 Are you having trouble hearing?
6 Okay. Let's go to Exhibit 1-A, page 3. So the
7 second paragraph there, where it says, "When Kevin
8 Padrick, as Chapter 11 trustee, did a turnover of all the
9 assets to his liquidating trust, these deferred gains
10 became tax liabilities to the liquidating trust," do you
11 see that?
12 A. Yes, I do.
13 Q. And based on your review of the files and your
14 expertise in this area, is that a false statement?
15 A. Yes, that is a false statement.
16 Q. Let's go to -- down below to -- sorry. This one
17 spans two pages.
18 It says, "Upon disposition, the trust should have
19 recognized around $600,000" -- and let's go to the next
20 page, and I'll just keep reading -- "of taxable gain on
21 behalf of the interest owned by Mark Neuman and Brian
22 Stevens."
23 Is that accurate?
24 A. That statement is false.
25 Q. And why is that?
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1 A. As we said before -- as I said before, the transfer
2 of those assets is deemed to have happened at fair market
3 value. So unless that property appreciated $600,000
4 after the date of transfer, that gain is not a gain that
5 would be recognized by the trust.
6 Q. And the next paragraph states, "No such gain was
7 reported on this tax return; and the tax of $174,000, 20
8 percent to IRS and 9 percent to Oregon, was never paid by
9 the liquidating trust."
10 Does the liquidating trust pay taxes?
11 A. No. As I said before, as a grantor trust, the
12 liquidating trust would not pay tax.
13 Q. And the beneficiaries of the trust wouldn't pay tax
14 on the deferred gains either, correct?
15 A. That is correct.
16 Q. It states, "The IRS and the Oregon Department of
17 Revenue should really look at this, because it means
18 there is a lot of missing tax dollars to our federal and
19 state governments."
20 Based on what you've read above and your
21 understanding of what happened, was there any missing tax
22 revenue from the liquidating trust or the beneficiaries,
23 based on the deferred gain that occurred before the
24 transfer to the trust?
25 A. No. The deferred gain would never be an obligation
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1 of the trust or the beneficiaries of the trust, as to the
2 liquidating trust.
3 Q. Now, in your expert opinion, based on your review of
4 the statements and what we've just discussed, is
5 Ms. Cox's statement that there was tax fraud, is that
6 accurate?
7 A. No, it is not.
8 MR. AMAN: No further questions.
9 THE COURT: Cross-examine.
10 MS. COX: Could we bring that post back up again.
11
12 CROSS-EXAMINATION
13 BY MS. COX:
14 Q. Was the -- did this blog post they just brought up,
15 was there an actual statement of myself accusing Kevin
16 Padrick of tax fraud or was it a question?
17 A. It's a statement.
18 Q. So where it says right above where you just
19 testified, where it says "Tax fraud," question mark,
20 that's a statement to you is what you're testifying?
21 A. Yes.
22 Q. So when your report says -- I'm going to read a
23 couple sentences: "Based on my review of the tax returns
24 and other information described above and Defendant
25 Crystal Cox's Web postings, her statement that Kevin
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1 Padrick or Obsidian committed tax fraud in connection
2 with the liquidating trust and related transactions is
3 false."
4 So you're saying that I, in this post, I stated
5 that Obsidian Finance committed tax fraud?
6 A. You have five statements that are wrong, and so the
7 implication is that they've committed fraud.
8 Q. Do you agree that after the words "Tax fraud," there
9 is a question mark?
10 A. Can you show me on the blog?
11 MS. COX: Could I have that up again, please.
12 Thank you.
13 THE WITNESS: Yes, there is a question.
14 MS. COX: No further questions.
15 THE COURT: Redirect?
16 MR. AMAN: None, Your Honor. Thank you.
17 THE COURT: You may step down.
18 I assume you want this witness excused to go
19 about his business?
20 MR. AMAN: I do.
21 THE COURT: You are excused.
22 MR. AMAN: Your Honor, I just want to check
23 outside for a witness.
24 THE COURT: Certainly.
25 (There is a pause in the proceedings.)
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1 MR. AMAN: Plaintiffs call David Brown, Your
2 Honor.
3 THE COURT: Step forward and be sworn.
4 THE CLERK: Raise your right hand, please, sir.
5
6 DAVID BROWN
7 called as a witness in behalf of the Plaintiffs, having
8 been first duly sworn, is examined and testifies as
9 follows:
10
11 THE CLERK: Please state your name for the record
12 and spell your last name.
13 THE WITNESS: My name is David Brown, B-r-o-w-n.
14 THE CLERK: Thank you. Please be seated.
15
16 DIRECT EXAMINATION
17 BY MR. AMAN:
18 Q. Good afternoon, Mr. Brown. Can you tell the jury how
19 you're currently employed?
20 A. I'm one of the two principals, owners, if you will,
21 of Obsidian Finance Group.
22 Q. And how long have you been at Obsidian?
23 A. We started Obsidian about eight years ago and have
24 been there since the beginning.
25 Q. Could you describe for the jury your professional
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1 experience before you came to Obsidian?
2 A. I graduated from law school at the University of
3 Oregon in 1980. Then I practiced law with a law firm in
4 Portland until I formed Obsidian.
5 Q. And could you describe for the jury what your primary
6 areas of focus were -- or are, excuse me, of Obsidian.
7 A. At Obsidian, my primary areas of focus are on the
8 investments that Obsidian makes. Obsidian is -- we call
9 it a hybrid firm. We do both advising and investing.
10 And from time to time, my emphasis is more on advising,
11 but lately it's been much more on investing.
12 And the area of investment that takes the largest
13 amount of time is we're developing larger solar energy
14 projects in what I call the sunny part of the state, over
15 in Eastern Oregon.
16 Q. And can you tell us a little about the way you go
17 about getting financing for those and the role of solar
18 tax credits in that?
19 A. Sure.
20 Renewable energy is not currently economically
21 competitive with -- with fossil fuels, in part because
22 it's simply more expensive, but also in part because
23 there isn't the experience and the familiarity of the
24 whole supply chain with renewable energy. And so the
25 first big solar project is kind of a pioneering project,
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1 in the sense that people don't have forms. They haven't
2 done one before. They don't have the regular business
3 relationships.
4 So it takes a lot of time to develop these
5 projects. And an awful lot of the work is moved forward
6 based on reputation, based on whether people are
7 comfortable with you and whether they're comfortable
8 working with you.
9 Q. And could you tell us a little bit about the role of
10 solar tax credits in that process?
11 A. Oh, sure.
12 The primary way that the state of Oregon and the
13 federal government support solar energy is through tax
14 credit policy. So the state provides an income tax
15 credit that's very generous, and the federal government
16 provides an income tax credit that's also very generous.
17 And you have to be able to follow the rules to earn those
18 credits, to be able to make a project -- to make a
19 project work.
20 The rules are different. They're both very
21 complicated, and they change on a pretty regular basis.
22 It would be an unusual year when the federal government
23 and the state of Oregon didn't make changes to the law as
24 they affect the rules for supporting solar energy.
25 Q. And I don't think we talked about this, but when you
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1 were at Miller Nash, could you describe a little bit more
2 about your area of practice that you had when you were
3 there?
4 A. My primary area of practice, for most of my legal
5 career, was in tax and in what I'll call complex
6 transactions. But my last several years as a lawyer, I
7 also had quite a bit of work with bankruptcy and
8 bankruptcy trusts, bankruptcy estates, and especially
9 income tax and bankruptcy.
10 Q. Were you involved with the Summit bankruptcy that
11 Mr. Padrick handled?
12 A. Well, as a principal of Obsidian, of course I was.
13 Kevin kept me informed on a very regular basis as to the
14 status of matters that he was handling. But as between
15 us, it was a project that he had what we call "point" on,
16 and so the day-to-day responsibility was his.
17 But we consulted about a number of -- of aspects
18 of it. And, of course, people in the office were working
19 on it, and so some of that work I assisted with or
20 supervised.
21 Q. How important is your firm's reputation for being
22 competent and trustworthy to the success of your
23 business?
24 A. Extremely important. To state it the other way,
25 would we have any success without our reputation? We
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1 absolutely would not.
2 Reputation is one of the cornerstones that
3 clients look for. They look for ability. They look at
4 cost. But reputation is a necessary -- a necessary part
5 of being selected.
6 Q. And in terms of your experience and what you've seen
7 in the business community when you're trying to select a
8 service provider, has it been your experience that it's
9 common to use the Internet as a research tool?
10 A. Yes. I'm old enough that I remember when that first
11 occurred in my life. But it's just ubiquitous today.
12 Everybody -- everybody uses the Internet, it seems, on a
13 regular and continuous basis in the business.
14 Q. Including to try to find out information about
15 somebody's reputation and their trustworthiness and so
16 forth?
17 A. Yes, yes.
18 MR. AMAN: No further questions, Your Honor.
19 THE COURT: Cross-examine.
20
21 CROSS-EXAMINATION
22 BY MS. COX:
23 Q. Were you aware of all of Kevin Padrick's duties and
24 responsibilities as a trustee of the Summit bankruptcy?
25 A. Yes, I think so.
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1 Q. Were you aware that -- well, let me redirect that
2 question.
3 Obsidian Finance Group was under contract with
4 Summit; and Summit was their client, which we've already
5 had testimony for. What was Obsidian Finance Group under
6 contract with Summit to provide for the $100,000 in this
7 contract we've discussed here?
8 A. Okay. So typical with a bankruptcy engagement, the
9 bankruptcy estate asks a financial advisor to sign what's
10 called an engagement letter, which is what I assume is
11 referred to as the contract.
12 So under this engagement letter, it sets out what
13 it is that the financial advisor will evaluate and how
14 they'll go about that. There's usually terms about what
15 people will be assigned to the case, what the hourly
16 billing rates will be. There's information about what
17 information the company will provide and what are called
18 deliverables, what the financial advisor expects to
19 provide.
20 That engagement letter is the relatively standard
21 form; that is, if you saw two or three, you'd have a
22 pretty good sense of what most of them look like. And
23 they're entered into at the beginning, before the
24 financial advisor has all the information necessary to
25 make a judgment as to where this case will actually go.
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1 And so I think the Summit engagement letter was
2 entered into -- typically entered into before you begin
3 the engagement. It's what kind of kicks off the
4 engagement.
5 Q. So Obsidian Finance Group was under contract, got
6 privy to financial information from Summit under this
7 contract. It would be reasonable to believe that they
8 did get privileged and financial information as
9 representing Summit with this contract?
10 A. I think the thrust of your question is correct. I
11 don't -- privileged, I'm not so sure about that, because
12 when a company files for bankruptcy, their books are
13 pretty much open. They're not allowed to keep financial
14 secrets from the creditors. But -- so without using the
15 word "privilege," yes, I think Summit was obligated under
16 the engagement letter to provide us with detailed
17 financial information; and I know they provided us with a
18 lot of financial information.
19 Q. Was Obsidian Finance Group under contract with Summit
20 before they filed for bankruptcy?
21 A. Like an awful lot of larger bankruptcy cases, the
22 activity starts a couple of days before the bankruptcy
23 filing is made.
24 Our first contact -- and I'm recalling out loud
25 here. But our first contact on the case came from a law
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1 firm, which has got a very well-understood reputation to
2 be a leading bankruptcy law firm. And it was about a new
3 client that that law firm had. So our first engagement
4 was about bankrupt -- our first conversation was about
5 bankruptcy, but I don't remember if that occurred a few
6 days before they filed or a few days after.
7 The engagement letter I referred to I think would
8 have been with the debtor. So I think the engagement
9 letter probably would have been after the filing of
10 bankruptcy. But that's the way it's typically done.
11 It's not necessarily always done that way.
12 Q. So what did Obsidian Finance Group -- they got
13 services from Summit. What did -- I mean, I don't know
14 this, and I'm not an attorney. What service were they
15 providing for this $100,000? What service did they
16 provide to Summit?
17 A. Well, the -- Summit was a company that held money of
18 third parties pending those parties entering into the
19 second half of a real estate exchange. So Summit's
20 customers were people who sold a piece of property. Then
21 they gave Summit the money. It's called parking. So
22 Summit holds the money. Then when it's time for the
23 second transaction, Summit gives the money back so the
24 parties can buy their second piece of real estate. So
25 the first piece of real estate is sold; then the second
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1 piece of real estate is purchased.
2 Summit had taken the money of those people out of
3 the account and was having a difficult time paying it
4 back. So they were in a bad spot, because they had taken
5 this money.
6 And one of the questions was: How do we -- how
7 do we manage this situation so that the parties can still
8 have their like-kind exchanges, so they can get their
9 money back.
10 And that was an urgent and immediate focus, is
11 what happened here? What's the true story? Did they
12 really take this money and where is it? And how do we
13 get it back and how do we allow these real estate
14 exchanges to finish on time?
15 Because if you do one of these real estate
16 exchanges, you only have six months to do it in. If you
17 don't do it within those six months, then you incur a big
18 tax penalty; and nobody wanted that situation. So I
19 remember that being, you know, one of the -- one of the
20 most urgent focuses of our attention.
21 Q. So Obsidian was hired to help Summit restructure so
22 that they didn't have to go bankrupt?
23 A. No. No, I think that wouldn't be correct.
24 "Restructure" is, in the context of a bankruptcy case,
25 actually a word of art, not a word of general
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1 understanding. So "restructure" means that the company
2 is successful and continuing as a going concern.
3 Once it became clear that the Summit principals
4 had taken the money and they were under criminal
5 investigation, there's really no chance for them to
6 continue as a going concern. So I don't think
7 restructure was going to be possible anymore.
8 And then avoid bankruptcy, no, they had to file
9 bankruptcy because there was no other way to sort out how
10 the remaining money would be apportioned among the
11 various interests.
12 See, in an exchange account, party 1, party 2,
13 party 3, all their money gets put into the same account.
14 And so when you take half of it, you can't tell whose
15 money you took. And so the bankruptcy process, being a
16 court-supervised process, gives a way to sort out who is
17 going to get the money and how is it going to be applied.
18 So I don't think there was any expectation that we could
19 avoid bankruptcy.
20 Initially, before we understood the magnitude of
21 the problem, I think we were hopeful that we could find a
22 way to restructure. But I would tell you, we always feel
23 that way. I mean, we always try to be optimistic about
24 the ability of a company to continue as a going concern.
25 But, as I said, once the scope of the problem was
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1 discovered, that just wasn't going to be possible.
2 Q. So you were hopeful to help them restructure and got
3 into this contractual agreement with them. And then how
4 did it come about that your company or someone within
5 your company ended up working for the creditors, which is
6 essentially on the opposite of their client's best
7 interests?
8 A. Okay. Okay. Well, I think I understand -- I
9 understand what you're asking me.
10 I own a company with Kevin. And if you said,
11 "Well, do you own your company?" I'd say, "Yeah, I own
12 my company." And I feel like it's my company and Kevin's
13 company. But if we go broke and all of our money is lost
14 and we're losing our bank's money, it's not our company
15 anymore. It becomes the creditors' company.
16 So the law is that if a company becomes
17 insolvent, then the officers of the company and the
18 directors of the company are working for the creditors,
19 not the shareholders. Because Summit was insolvent, the
20 beneficiaries of that engagement letter were not the four
21 principals; it was the creditors. So we were always
22 working for the creditors. Everybody was working for the
23 creditors. That's -- that's the only way it can be when
24 a company is insolvent.
25 Q. There seems to be some confusion today. Like when
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1 you first started talking, you said you were a principal
2 and an owner. So you agree a principal is an owner?
3 I mean, in your case and in the Summit case, it's
4 the same four men that were the principals, that actually
5 owned Summit Accommodators and owned Summit 1031?
6 A. I think the right answer to that is yes.
7 The word "principal" is not in the statute.
8 Most -- most companies now are what are called LLCs or
9 limited liability companies, and they don't
10 have -- "partner" isn't quite the right word, and so a
11 lot of companies like ours use the word "principal,"
12 which is like being a partner, but it's not technically a
13 partner, because a partner is for a partnership. And
14 Kevin and I don't have a partnership; we have a limited
15 liability company.
16 Summit was also a limited liability company, so
17 if they referred to themselves as principals, I would
18 expect to discover that those people were the owners.
19 Q. So you feel your company did right contractually by
20 the contract they had with Summit for the $100,000 as
21 their client?
22 A. I'm actually very proud of the job that we did for
23 Summit. Yes, I think we did very right by it. The whole
24 thing was supervised by the Court and closely followed by
25 the creditors committee. And yes, I'm very proud of the
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1 job we did for Summit.
2 Q. Before the Court got involved, there was an
3 agreement, the contract that we've discussed here,
4 between Obsidian and Summit. Do you feel that for that
5 $100,000 and that service, that your company did right by
6 Summit, before the trustee thing came up?
7 A. Well, I'm -- I'm not able, by my memory, to confirm
8 temporally before or after. But we wouldn't have been
9 able to retain any of our fees without court approval;
10 that is, whether we got the fees two days before
11 bankruptcy or two days after bankruptcy, we wouldn't have
12 been permitted to take the money without -- without court
13 approval.
14 Q. Why did the state of Oregon deny you solar tax
15 credits?
16 MR. AMAN: Objection, Your Honor. This is --
17 THE COURT: Sustained.
18 BY MS. COX: (continuing)
19 Q. As we've discussed earlier about reputation being
20 very important, I'm being accused of being the only one
21 to defame them when there are the solar tax credits,
22 there is lawsuits and other blogs out there about
23 Obsidian. Have you ever read any other blogs talking
24 derogatory about Obsidian in any way?
25 A. Blogs not -- that I've not identified as being
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1 associated with you?
2 Q. Yes.
3 A. Well, I'm not, candidly, exactly sure what you mean
4 by the word "blog," and I want to answer your question
5 candidly.
6 So, for instance, there's a rancher in Christmas
7 Valley who is a few miles from our solar farm, and he
8 sends letters to the paper where he says that solar is a
9 really bad idea. Then those letters get published on the
10 newspaper's website. So I don't know if that's a blog or
11 not. And he's also sent letters to the Oregon Public
12 Utility Commission, and they publish them in their online
13 customer comments.
14 That's all that I can -- that's all that I can
15 recall.
16 Q. Do you know if there is any other discontent with any
17 other bankruptcy, such as Aloha Lumber or Cascadia or any
18 other companies or bankruptcy proceedings, that there
19 would have been any derogatory information on the
20 Internet about Obsidian regarding --
21 A. No, not -- not that I -- not that I recall.
22 When we bought Aloha Lumber, that -- it had
23 nothing to do with bankruptcy. It was just a company
24 that we bought. And Aloha Lumber itself, before we
25 bought it, had gotten involved in a lawsuit, which we
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1 promptly settled. And that was a contentious matter,
2 and -- and I do think that there was something on the
3 Internet about that. I'm not -- I'm not recalling
4 anything else, no.
5 Q. When did you first read this blog post that I'm on
6 trial -- the defendant is on trial for?
7 A. The blog post about the tax fraud I first read in a
8 pleading filed with the court. I think it was an
9 attachment, I'm sure.
10 Q. Do you recall when that was?
11 A. No. And I have not read every pleading associated
12 with this matter. But it would have been approximate in
13 time to when that pleading would have been filed.
14 Q. Would that have been around the same time as your
15 declaration?
16 A. No. It would have been before. It would have been
17 before then, I think, that I read it, yeah.
18 Q. Did you read the blog post between December 25th and
19 January 14th?
20 A. Of which year?
21 Q. December 25th is the date of the blog post. January
22 2011, this year, was when this case was filed. Did you
23 read the post in between that time?
24 A. No.
25 Q. Do you have proof, documented proof, that anyone read
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1 that post during that time and made any financial
2 decisions regarding Obsidian Finance?
3 A. No.
4 Q. Can you -- do you have any proof that I knowingly
5 posted anything false on that blog?
6 MR. AMAN: Objection, Your Honor.
7 THE COURT: Sustained.
8 BY MS. COX: (continuing)
9 Q. Why -- did you ever ask defendant to remove that blog
10 post?
11 A. You're talking about did I ask you?
12 Q. Did you ask me to remove that blog post ever?
13 A. Until this proceeding, I've never had any contact
14 with you of any kind, no.
15 Q. So you read the blog post after the filing date of
16 this case, yet your declaration, July 22nd, stated that
17 there was a $10 million loss due to that blog post during
18 that time, the 25th of December to January 14th.
19 MR. AMAN: Your Honor, if she's going to refer to
20 a declaration, if she wants to put it in front of him,
21 that's one thing.
22 MS. COX: It's his declaration.
23 Sorry. I'm sorry. I apologize.
24 THE COURT: You have redirect. You'll have an
25 opportunity then.
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1 You can go ahead and ask your question again.
2 BY MS. COX: (continuing)
3 Q. Do you want me ask it again?
4 A. No. I think I -- I think I heard you. But you're
5 saying that my declaration says that somebody read that
6 between December 25th and January 14th; and as a result
7 of them reading that, I lost $10 million?
8 Q. Your declaration says that there was a $10 million
9 loss due to my blog post. And my blog post was
10 December 25th, 2010. This lawsuit was filed
11 January 14th, 2011. So yes, that's what I'm saying.
12 A. Well, I just don't recall that's what my declaration
13 says. So if you're asking me, is that what my
14 declaration says, I don't know, but that's not what I
15 recall that it says.
16 Q. Okay. Was the -- you speak of a bank VP that didn't
17 give you a $10 million loan, so it was supposedly -- I
18 mean, it was allegedly a $10 million loss to Obsidian
19 Finance due to my blog post, yet you just testified today
20 you hadn't read that blog post during that time,
21 this -- this 20 days before the lawsuit was filed, after
22 I posted it.
23 A. I'm struggling with your premise that the July -- or
24 that the January 14th date --
25 THE COURT: Actually, the problem with that last
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1 one is that's not really a question. It's a statement.
2 That's argument.
3 Go ahead and ask a question.
4 BY MS. COX: (continuing)
5 Q. Do you have any proof that anyone that would given
6 Obsidian Finance any money, any revenue at all, seeing
7 that blog post between those dates of December 25th and
8 January 14th, made any financial decisions that cost
9 Obsidian Finance any money at all in that 20-day period?
10 A. I'm having some trouble with the question. I'm going
11 to try to rephrase it accurately.
12 You're not asking me if I was financially harmed
13 or anything like that. You're saying, do I know somebody
14 who made a decision in a specific 20-day period as a
15 result of looking at a specific blog? Is that what
16 you're asking me?
17 Q. No. I'm asking you if you have any documented proof
18 that somebody denied you any revenue at all in that
19 period of time due to my blog post.
20 A. Okay. I don't have any documents that say that, no.
21 MS. COX: No further questions.
22 THE COURT: Redirect.
23
24
25
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1 REDIRECT EXAMINATION
2 BY MR. AMAN:
3 Q. You were asked some questions about a conversation
4 with a bank VP. Can you describe that for the jury,
5 please.
6 A. We have a solar project down in Klamath County that I
7 think is the largest solar project in Klamath County.
8 It's at a farm that makes potatoes for a potato chip
9 company. And we own the project. We sell the power to
10 Pacific Power. The farm is kind of a partner in the
11 project.
12 And so we were looking to finance the net cost of
13 the equipment after the tax credits on that project. And
14 there's really only one bank in Oregon that's kind of
15 going out of its way to make a name for itself in
16 financing solar -- solar projects. And I got a call from
17 the vice president of the bank, and maybe four or five
18 times -- after we had already met and talked four or five
19 times.
20 And he had completed a Google search of Obsidian,
21 and he had come across some stuff that he said he found
22 quite troubling and he needed to talk to me about it.
23 And so we spent some time talking about various blog
24 postings that he had come across, and I explained to him
25 that they were all kind of connected and that there was a
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1 woman in Montana who was kind of on a mission to
2 discredit Obsidian and that those were her.
3 And first he said he needed to ask me questions
4 about whether or not they were true and whether these
5 statements that he had read were true, and we talked
6 through that. And I offered to provide him some
7 additional information, and I explained that our conduct
8 in Summit was all supervised by the Court and approved by
9 the Court and the creditors committee and that he could
10 talk to counsel representing those parties.
11 But he was also troubled that -- like, Well, why
12 is this going on? What is there about Obsidian that
13 causes this to even happen? I mean, what's the rest of
14 the story, if you will?
15 So I -- I didn't really know how to answer that,
16 but I tried to assure him that this was very unusual, we
17 don't have these problems, and that -- you know, that
18 these things just happen out there in cyberspace.
19 But then he asked me if, as a result of doing
20 business with us, would he be subject to that? Because
21 he said, "How would I tell my boss that I got us involved
22 in something like this?" I mean, this is just very, very
23 hard to explain. And I -- I tried to assure him, but I
24 don't think I was very successful. That was now several
25 months ago.
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1 We never did get that loan, though we're still --
2 we're still trying. And so I don't think he -- I mean,
3 because it's a bank, he can't read allegations of fact
4 and not investigate. I mean, he has to discharge his
5 duties, too.
6 But it wasn't so much that he was actually
7 concerned that we had committed tax fraud as what's --
8 what the heck is going on here, and "Am I going to have
9 some kind of impact on my reputation or on me as a result
10 of adding you as" -- we would have been a new customer,
11 so he was saying "adding you as a new customer."
12 So I'm not sure where that's going to finally
13 come out.
14 Q. But he was concerned about guilt by association?
15 A. Not so much guilt by association as paint spatter by
16 association, damage to reputation by association.
17 MR. AMAN: No further questions, Your Honor.
18 THE COURT: You may step down.
19 Do you have any further witnesses?
20 MR. AMAN: I do. We have the deposition
21 testimony from Ms. Cox, which we'll probably need a few
22 minutes, maybe, to get put together.
23 THE COURT: All right. Why don't we go ahead and
24 we'll take our midafternoon recess at this time.
25 Go ahead and step into the jury room. Michelle
164
1 will let you out of the courtroom. We'll be in recess
2 for about 15 minutes.
3 (The jury leaves the courtroom.)
4 THE COURT: They have one small bit of evidence
5 left, Ms. Cox.
6 Have you figured out whether you're going to be
7 testifying or not?
8 MS. COX: I'm not.
9 THE COURT: Okay.
10 MR. AMAN: Your Honor, based on what we heard
11 this morning in opening, we have slightly different
12 deposition designations.
13 THE COURT: I realize that.
14 MR. AMAN: So I wanted to submit those to Your
15 Honor, and I've got a copy for Ms. Cox.
16 THE COURT: I assume that they're narrower.
17 MR. AMAN: There's some additional and some gone.
18 THE COURT: Okay. See you in 15 minutes.
19 MR. AMAN: Thank you.
20 (A recess is then taken. The Court, counsel, and
21 the parties reconvene.)
22 THE COURT: What do you have?
23 MR. AMAN: Just a couple things, Your Honor. I
24 just wanted to check in terms of scheduling. We've got
25 this last video deposition, which will involve also
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1 offering a couple more exhibits.
2 And then I understand Ms. Cox is not going to put
3 on any testimony. So then I assume we're going to move
4 right into motions and figuring out jury instructions. I
5 didn't know how you wanted to handle that, so I figured
6 I'd ask before we got started.
7 THE COURT: I don't know how I want to handle it
8 either, so let's just wait.
9 MR. AMAN: Fair enough.
10 THE COURT: Let's see how long the rest of this
11 takes.
12 THE CLERK: Ready?
13 (The jury enters the courtroom.)
14 THE COURT: Please be seated.
15 Mr. Aman, you're up.
16 MR. AMAN: Your Honor, we have the video
17 deposition testimony of Ms. Cox.
18 (The videotaped testimony of Crystal Cox is then
19 played as follows:)
20 Q. So if you'll take a look at Exhibit 1-A in
21 the notebook.
22 A. Okay.
23 Q. And go ahead and take a look at it and let me
24 know if you recognize this document.
25 A. Yes, of course.
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Cox - Deposition Testimony
1 Q. And what is it?
2 A. It's my blog post.
3 Q. And this is a blog posting that you did in or
4 around December of 2010?
5 A. Exactly on December 25th, 2010.
6 Q. And where was this blog posted?
7 A. Where?
8 Q. Yes.
9 A. You want a list?
10 Q. Yes.
11 A. EthicsComplaint.com -- It was first posted on
12 ObsidianFinanceSucks.com on the 24th --
13 ObsidianFinanceSucks.com on December 24th. And then the
14 next day it was posted on BankruptcyCorruption.com. And
15 then after that, I believe -- I think
16 EthicsComplaint.com. I'm not really sure. I would have
17 to do a search, but several other blogs.
18 Q. Do you know how many total blogs or how many
19 total websites this was posted at?
20 A. No, I do not.
21 Q. Was it more than 10?
22 A. At this current date, a year later, I would
23 assume it's on more than 10, yeah. I have feeds on all
24 my sites. I Twitter. It goes everywhere. I would
25 assume, at this point, it's a lot of places, yeah, more
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Cox - Deposition Testimony
1 than 10. And I'm not in control of all of those.
2 Q. When you say you're not in control of those,
3 what do you mean?
4 A. Once I post on my blog, it goes to Twitter.
5 It goes viral. Lots of people have -- take my feed and
6 put it on their blog. And I also have other blog authors
7 that put it on their blog. It just kind of goes, and
8 people just pick up my story. And since this case, a lot
9 of people have picked it up and reposted it.
10 Q. They've reposted the post that's on
11 Exhibit 1-A?
12 A. Yeah.
13 Q. Do you know how many places it's been posted?
14 A. No, no.
15 Q. If you were to have to go and try to take
16 them all down, would you -- do you think you'd be able to
17 do that?
18 A. Not other people's, but I could find my own
19 and take them down. I could control -- Can I answer this
20 more clearly?
21 Q. Sure.
22 A. I can --
23 (Videotape paused.)
24 MR. AMAN: Let's go to page 11, line 19 to page
25 12, line 18.
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Cox - Deposition Testimony
1 (The videotaped testimony of Crystal Cox is then
2 played as follows:)
3 Q. Let me -- let me ask -- clarify just the last
4 part of your answer, which is: It's your testimony that
5 you could retract this in a three-month time period?
6 A. Yes. I can retract anything in my control
7 probably within a day. But with other people, I would
8 have to negotiate and maybe even fight them to get it to
9 remove it, you know, like people that just pick up my
10 story, or a lot of people have -- they get the term, like
11 say "bankruptcy corruption" or "Tom Petters" or some of
12 the different bankruptcies, they will get this, and it
13 will just be an automatic feed that goes on their site.
14 They don't even know it's there.
15 So I have to find them, find who owns it. A lot
16 of them are in different countries. So it would take me
17 a while to get it removed off of their sites. But in the
18 meantime, I could certainly make them go way down in the
19 search engine so it wasn't seen, while I fight -- while I
20 fought them.
21 Q. How would you do that?
22 A. Well, I can pretty much -- well, it's just
23 what I do. I -- I'm not going to answer that, I guess.
24 Q. Just to clarify, you're not going to --
25 (Videotape paused.)
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Cox - Deposition Testimony
1 MR. AMAN: Let's go to page 20, lines 10 through
2 line 12.
3 (The videotaped testimony of Crystal Cox is then
4 played as follows:)
5 Q. Do you know what the proper tax treatment is
6 for a liquidating trust?
7 A. No, I do not.
8 (Videotape paused.)
9 MR. AMAN: Let's go to page 21, lines 9 through
10 24.
11 (The videotaped testimony of Crystal Cox is then
12 played as follows:)
13 A. Nothing regarding this post. This post was
14 only in response to your cease and desist, to be
15 flippant, really.
16 Q. So you got a cease and desist letter?
17 A. On the 22nd of December, which did not list
18 any posts at all, none.
19 Q. Why don't we take a look at that letter,
20 which is in the book that I've handed you. It's
21 Exhibit 31.
22 A. (Shakes head.)
23 Q. You don't want to look at it?
24 A. I have it in -- just --
25 Q. I can -- I can read you what it says.
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Cox - Deposition Testimony
1 A. You can just ask me what you need to ask me.
2 Q. Sure. Exhibit 31, is that a -- the cease and
3 desist letter that you've been referring to?
4 A. Uh-huh.
5 (Videotape paused.)
6 MR. AMAN: 21, 25 through 23, 10.
7 (The videotaped testimony of Crystal Cox is then
8 played as follows:)
9 A. Uh-huh.
10 Q. Is that a yes?
11 A. That I've been referring to?
12 Q. Yes.
13 A. Yes.
14 Q. And this is a letter that you received, I
15 think you'd mentioned -- you said December 22nd; is that
16 correct?
17 A. Yes.
18 Q. And you'll see where it says in the second
19 paragraph, "You have made and continue to make numerous
20 false and defamatory statements regarding Mr. Padrick on
21 several websites you maintain." Do you see that?
22 A. Yes.
23 Q. And in response to receiving this letter,
24 which includes a statement that "the false and defamatory
25 statements include at least the following," and the last
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1 one on the first page is "Padrick has committed tax
2 fraud" -- do you see that?
3 A. Uh-huh.
4 Q. Is that a yes?
5 A. Do I see that it says that?
6 Q. Yes.
7 A. Yes.
8 Q. Okay. And in response, you posted what
9 you've just -- what we've just been looking at in
10 Exhibit 1-A; is that correct?
11 A. No, that was not. I posted several posts
12 that day regarding the Summit letter and regarding how
13 you were threatening to sue me and how we were going to
14 go to court and prove all of this and how I was looking
15 forward to proving it all, to expose the corruption in
16 the Summit bankruptcy, really. I did several posts
17 regarding that.
18 (Videotaped paused.)
19 MR. AMAN: 24, 5 to 26, 6.
20 (The videotaped testimony of Crystal Cox is then
21 played as follows:)
22 Q. Well, let me ask you this. In response to
23 receiving a letter from -- from me in December 2010, did
24 you take any posts down?
25 A. I didn't know what posts you were talking
172
Cox - Deposition Testimony
1 about.
2 Q. Well --
3 A. So, no, I had no idea. I have hundreds of
4 thousands of posts.
5 Q. But the answer is: You didn't take any posts
6 down?
7 A. Yeah, I probably did. I don't know. I
8 drafted some. I've -- you know, you'd have to subpoena
9 Google and get that. I can't keep track of that. I work
10 16 hours a day every day doing this.
11 Q. So let me just make sure I understand. In
12 about December 22nd, 2010, you received a letter that
13 said -- that claimed that you were falsely accusing
14 Mr. Padrick and Obsidian of tax fraud?
15 A. Uh-huh, yes.
16 Q. Correct?
17 A. And I --
18 Q. Hold on. Let me finish the next question.
19 The next question is: In response, three days
20 later, you did the posting which is at Exhibit 1-A?
21 A. No, that is not what happened in direct
22 response.
23 Q. Let me -- let me clarify. Within just a few
24 days of receiving this letter, which is Exhibit 31, you
25 went ahead and you did the post which is at Exhibit 1-A;
173
Cox - Deposition Testimony
1 is that correct?
2 A. Yes, to prove -- to provide more
3 documentation of why I made those statements. I had no
4 way to honor the cease and desist without no exact blog
5 posts.
6 Q. Did you send an e-mail response to me or
7 anybody at Obsidian, asking which blog posts they were
8 talking about?
9 A. I'm not sure if I did. I asked my -- My
10 first response to the lawsuit, I filed a request to that
11 to the courts and I was denied.
12 Q. Well, let's look at the next exhibit in the
13 book, which is Exhibit 32. Now, this is your response,
14 your initial response, to the letter, the cease and
15 desist letter?
16 A. The exact same day, right.
17 Q. Correct. And you say, "Finally. Thank you.
18 I will read it. Wonderful. Can't wait."
19 A. Yes.
20 Q. Is that accurate?
21 (Videotape paused.)
22 MR. AMAN: Let's go to 31, 19 to 34, 14.
23 (The videotaped testimony of Crystal Cox is then
24 played as follows:)
25 Q. So you didn't consider the letter that you
174
Cox - Deposition Testimony
1 received, that told you to stop making false and
2 defamatory statements about Mr. Padrick and Obsidian, as
3 a request to stop making postings that accused him of tax
4 fraud?
5 A. On that blog post, no.
6 Q. Okay.
7 A. I was never given an exact blog post.
8 Q. And so because you weren't given the exact
9 blog post, you weren't going to take anything down?
10 A. I didn't know what post they were referring
11 to.
12 Q. And is that because you had quite a few posts
13 which made the accusations that are at issue?
14 A. I'm not going to answer that.
15 Q. Now, you said your purpose was to try to help
16 the real estate victims; is that right?
17 A. Yes.
18 Q. Do you know Annie Buell? Do you know who she
19 is?
20 A. She's not on this post.
21 Q. I'm just asking you a question.
22 A. But it's not about this post.
23 Q. Okay. All right. Are you going to answer
24 the question or not?
25 A. I don't know her, no.
175
Cox - Deposition Testimony
1 Q. Do you know who she is?
2 A. I'm not going to answer this question.
3 Q. Do you not in fact own a website, a domain
4 name, which includes the name "Annie Buell" in it?
5 A. Yes, I do.
6 Q. And do you know that Ms. Buell is one of
7 the -- one of the representatives for the creditors?
8 A. I'm not going to talk about Ms. Buell in this
9 trial.
10 Q. Do you know that she is one of the creditors?
11 A. I'm not going to answer anything that's not
12 about this post.
13 Q. All right. Why would you -- if you're trying
14 to help the creditors, why would you go register a domain
15 name with one of the creditors' names in it?
16 A. I am on trial for whether this post, I posted
17 it knowingly false or not, whether it's false or not.
18 Please ask me questions about this post. Annie Buell is
19 not on this, neither are my domain names. I have every
20 legal right to own other people's names.
21 (Videotape paused.)
22 MR. AMAN: Let's go to 43, 2 through 46, 20.
23 (The videotaped testimony of Crystal Cox is then
24 played as follows:)
25 Q. Now, going back to the search engine
176
Cox - Deposition Testimony
1 management services that you were offering to Obsidian
2 after you received a cease and desist letter, what were
3 the search engine management services that you were
4 offering to provide specifically?
5 A. I thought the bankruptcy was over, and I
6 provided -- I sent an e-mail to dozens of people that
7 I -- and because I'd started a new business in search
8 engine reputation management, of which I don't really
9 do -- I would like to, because it's -- you know, I
10 accidentally discovered I was very good at it and would
11 like to make a living at that. I don't currently.
12 I was offering a service of basically just search
13 engine -- just promoting new cases or discovery. I knew
14 that Obsidian Finance knew I was good at what I did, and
15 I could see them on my search, my Web stats, and so I
16 offered the service of promoting them on my blogs, not
17 necessarily anything outside of that scope.
18 I never once offered to remove anything. I never
19 planned on removing anything. It was my story. I didn't
20 know anything was -- you know, I knew that they had an
21 issue, obviously, from your cease and desist, with some
22 words that I said, but I didn't know any exact posts.
23 And I was open to removing those posts, had I been given
24 an exact post. I still am.
25 Q. Well, that's a different question, so let me
177
Cox - Deposition Testimony
1 just go back. What specifically would you have done to,
2 quote, promote them, as part of your search engine
3 management services?
4 A. I'd have put ads on my blogs and I'd have
5 promoted any upcoming cases they had in the future. I
6 would have gotten the search engine strong for anybody
7 that they were working with at that time, and just worked
8 for them in whatever they needed in the search engines.
9 Q. And one of the things, if you do a search --
10 if you would have done a search at that time for Obsidian
11 or Mr. Padrick, would you agree with me that your
12 postings would be front and center?
13 A. One of, yes. There's many. But I'm very
14 good at it. Everything I write about gets on top, yes.
15 I'm not the only one.
16 Q. How is it that you get on top in a search?
17 A. That's proprietary.
18 Q. But that's something that you try to do when
19 you're doing your postings?
20 A. Every single word I write, I go for the top
21 ranking, absolutely. Anything else would just be
22 ridiculous, really.
23 Q. And, conversely, if you wanted to try to
24 cause your postings to not be at the front of the search,
25 that's something that you could do as well?
178
Cox - Deposition Testimony
1 A. Yes, I could.
2 Q. And was it your practice -- With respect to
3 the post you did about Obsidian and Mr. Padrick and the
4 Summit bankruptcy case, you would have followed your
5 normal practice to try to get to the top ranking, right?
6 A. Yes. I interlock all of my blog posts in a
7 proprietary way that gets to the top of the search
8 engines for every search term that I go for, generic as
9 well, any name, bankruptcy corruption, any court, any
10 city, anything. And I -- I do that all across the board,
11 not just with one person or one company. I do it for
12 every term.
13 Q. And I -- and I apologize. I mean -- so let
14 me -- Your goal is, when you do a post, you want to be
15 top ranked?
16 A. I want to be found, yes.
17 Q. You want to be front and center?
18 A. So that more people find my blog posts for
19 those search terms, and then they click on my Google ads
20 and I make a living as an investigative blogger.
21 (Videotape stopped.)
22 MR. AMAN: Your Honor, that's the end of the
23 videotaped deposition. And we offer Exhibits 31, 32, and
24 33, in light of the testimony, Your Honor.
25 THE COURT: Do you have any objection to 31, 32,
179
1 and 33?
2 MS. COX: No, I do not.
3 THE COURT: Received.
4 MR. AMAN: And, Your Honor, at this time I'd like
5 to publish those exhibits to the jury.
6 THE COURT: No.
7 Do you have anything else?
8 MR. AMAN: No, Your Honor.
9 THE COURT: Plaintiff rests?
10 MR. AMAN: Yes, we do.
11 THE COURT: And, Ms. Cox, it's your turn. Are
12 you resting?
13 MS. COX: Yes.
14 THE COURT: Defense rests.
15 Members of the jury, I need to talk to the
16 parties for a little bit, to try and figure out what
17 we're going to do next regarding jury instructions. I'm
18 kind of right on the -- I'm in the middle about whether
19 we should go ahead and continue and try to finish the
20 trial this afternoon or whether we should bring you back
21 tomorrow.
22 So if you wouldn't mind waiting in your jury room
23 while I talk to the parties, while I see how much time we
24 have left.
25 Thank you.
180
Motion for Directed Verdict
1 (The jury leaves the courtroom.)
2 THE COURT: Have a seat Mr. Aman. What do you
3 have for me?
4 MR. AMAN: Your Honor, we've got a motion for
5 directed verdict on the defamation claim.
6 THE COURT: Go for it.
7 MR. AMAN: I think it's pretty clear, based on
8 the evidence, that no reasonable juror could find against
9 the plaintiff on its burden of proof to show that there
10 was a defamatory statement made, that it was published to
11 a third party, it was reasonably understood to have a
12 defamatory meaning, and that the communication damaged
13 the plaintiffs, or at least on some of those elements,
14 Your Honor.
15 In addition, we move for a directed verdict on
16 the affirmative defense that the defendant has to prove
17 that the statements at issue were true. She has failed
18 to do that. There's been absolutely no evidence to prove
19 that the statements that she made with respect to tax
20 fraud were, in fact, true. She put on no evidence to
21 that effect.
22 And so for that reason, we think that -- we'd
23 move to have the jury instructed that the statements are
24 false as a matter of law and the statements are
25 defamatory as a matter of law, that the only issue in
181
Motion for Directed Verdict
1 front of the jury is the amount of damages.
2 THE COURT: Your motion is denied. In the light
3 most favorable to the nonmoving party, a reasonable juror
4 could conclude, certainly on the issue of whether or not
5 there was damage caused as a result of this, that there
6 is an issue for the jury in order to reach a conclusion
7 on that issue. Your motion is denied. This matter will
8 go to the jury.
9 Let's talk about jury instructions. Did we give
10 you copies of the proposed jury instructions?
11 THE LAW CLERK: No.
12 THE COURT: Can we make copies for them?
13 THE LAW CLERK: I can. It will take me a minute.
14 And you want a verdict form as well?
15 THE COURT: Yes, please.
16 I drafted a special instruction that neither of
17 you submitted. It has to do with an instruction that
18 tells the jury that knowledge and intent are not elements
19 of the defamation claim. It doesn't matter. And I put
20 it in kind of more generic language. Essentially, that's
21 what it says.
22 I think other than that, I pretty much adopted
23 the instructions you gave, with one important
24 distinction. If you look at the Oregon uniform
25 instructions on the defamation claim, it places the
182
1 burden of proving falsity on the plaintiff, and that's
2 where I left the burden.
3 So I just wanted you to be aware of that, because
4 I think you took it out of your proposed instruction.
5 You modified it. I put it back in, because that's the
6 way the uniform instruction reads for Oregon. And I
7 looked at the footnotes. It seems to me that Oregon law
8 reads it that way.
9 MR. AMAN: Our position, Your Honor, is that if
10 there are no constitutional limitations, under Oregon
11 law, that the burden of proof is on the defendant to
12 prove the affirmative defense of truth. It's in our
13 trial memo. We briefed that. I understand the Court is
14 taking a different position, and we'll take exceptions at
15 the time.
16 THE COURT: That's fine.
17 MR. AMAN: Thank you.
18 THE COURT: So we'll get those to you in just a
19 minute, and then we'll move on.
20 By the way, Ms. Cox, did you have an opportunity
21 to review the plaintiffs' requested jury instructions?
22 MS. COX: I don't -- I'm not in full
23 understanding of it, but yes, I have read it.
24 THE COURT: And do you have any specific
25 objections to any of their instructions, other than the
183
1 ones that I have made myself?
2 MS. COX: No. I don't feel I -- no, I do not.
3 THE COURT: Okay. We'll get those to you in a
4 minute. It will show you exactly what we're going to
5 give to the jury. You may refer to them in your closing
6 argument if you think it's helpful to you.
7 MS. COX: Thank you.
8 MR. AMAN: And, Your Honor, just as long as the
9 jury is not here, two follow-up questions: Do you give
10 instructions to the jury before closing?
11 THE COURT: No.
12 MR. AMAN: After?
13 THE COURT: Yes.
14 MR. AMAN: Okay. And now I forgot my other
15 question.
16 THE COURT: I will give them copies of the
17 instructions to take back, so they will have written
18 copies to refer to. I don't make one copy for each of
19 them. I make four copies for the group.
20 MR. AMAN: And then we give them the exhibits as
21 well that have been entered into evidence?
22 THE COURT: All exhibits which have been received
23 into evidence will go back to the jury.
24 MR. AMAN: Thank you.
25 THE COURT: That's one of the things that you may
184
1 want to check with the clerk, to make sure that we're all
2 on the same page. And now would be a good time to do
3 that.
4 MR. AMAN: Sure.
5 THE CLERK: 30, 31, 32, 33 and 1-A and her 527.
6 MR. AMAN: I think that's right.
7 THE CLERK: Okay.
8 THE COURT: And then Ms. Cox had an exhibit as
9 well?
10 THE CLERK: 527. That was it.
11 THE LAW CLERK: (Handing).
12 THE COURT: Okay. Do you have any objections,
13 other than the ones you've already discussed?
14 MR. AMAN: No other objections.
15 THE COURT: Do you have any objections to the
16 requested instructions?
17 MS. COX: No, Your Honor.
18 THE COURT: So are you ready to move on to
19 closing argument?
20 MR. AMAN: I think so. I'll get the podium out
21 and get set up.
22 THE COURT: Sure.
23 By the way, Ms. Cox, so you know, you can refer
24 to the jury instructions and the exhibits that were
25 received into evidence if you want to during closing
185
Closing Argument - Plaintiffs
1 argument. They are available for your use.
2 MS. COX: Thank you.
3 (The jury enters the courtroom.)
4 THE COURT: So we're going to march on. We're
5 going to try to get this done. Have a seat.
6 Mr. Aman, closing argument.
7 MR. AMAN: At the beginning of this case, I
8 talked about accountability and about protecting the
9 reputation of a business and of one of the individuals
10 that is the owner of that business.
11 And what you've seen today -- you know, you think
12 about 30 years ago when you had a newspaper, and somebody
13 made a defamatory statement in a newspaper about
14 somebody, people might find that. They might actually
15 read it, if they opened it to the right page, if they
16 actually subscribed to the newspaper. But what you see
17 now is there's a lot of benefits to technology, but you
18 also see the dangers when they're in the wrong hands.
19 And that's precisely why we're in this case.
20 As opposed to that newspaper clipping that
21 somebody might happen to see about -- saying something
22 negative about you or about somebody else, what we have
23 nowadays that is with the click of a button, you can
24 defame anybody, and you can defame them throughout the
25 entire world, particularly if you're someone like Ms. Cox
186
Closing Argument - Plaintiffs
1 who has, as you heard in her testimony just a couple
2 minutes ago, has created the capability to cause
3 defamatory statements to go viral. That's her own words,
4 "to go viral."
5 She posted on numerous websites. She linked it
6 into Twitter, and it got picked up and sent around the
7 world. And every time that somebody clicks on and types
8 in my clients' names, they find them. And my clients are
9 in a business where their reputation for being
10 trustworthy and competent in their business is critical.
11 That's why they're here today, because they had to.
12 You even heard Ms. Cox. She posted this posting
13 claiming tax fraud and bankruptcy corruption, she posted
14 it last Christmas, on Christmas Day. It's now almost
15 Christmas 2011, almost one year later. She still hasn't
16 taken down the post, despite the fact that she has
17 presented no evidence -- because there isn't any -- that
18 what she said was true.
19 You heard person after person that got up there:
20 a tax expert that we called; Mr. Padrick, who is an
21 experienced consultancy practitioner, bankruptcy
22 practitioner, who has a lot of tax background; Mr. Brown,
23 who was a tax partner in a law firm. They all told you
24 unequivocally, the IRS has made very clear, what they did
25 is completely appropriate.
187
Closing Argument - Plaintiffs
1 And you didn't hear one shred of evidence from
2 Ms. Cox to the contrary. What you heard was once again
3 her trying to attack my clients with no evidence. She
4 kept asking about contracts that she acknowledged she
5 didn't even understand, in an effort to discredit them
6 here today. But she couldn't do it once again, because
7 what she was trying to get to to damage their reputations
8 just flat out wasn't true, and that's why we're here.
9 Now, we don't have to prove -- you're going to
10 see the jury instructions in this case, and I'm going to
11 show you a few of those to you or talk to you about them.
12 You'll have copies of them.
13 We don't have to prove that Ms. Cox knowingly or
14 intentionally tried to harm my client. That's not
15 required. All we have to show is that what she said
16 about my client, both of them -- my clients, I should
17 say -- and their business, attacking them, that it was
18 false, that it was published to the world, and that it
19 actually was defamatory, that it was negative about their
20 business. All of those things are obvious.
21 So we don't have to show that she did it
22 intentionally or that she knew it was false. It doesn't
23 matter. The law doesn't place that burden on my clients.
24 And there's a good reason for that. The reason for that
25 is she shouldn't publish the statement if it's false and
188
Closing Argument - Plaintiffs
1 defamatory. But in this case, we actually have her --
2 her motivation is very clear. We have her motivation.
3 And you haven't seen some of these exhibits yet,
4 because they just came up at the end.
5 But why don't you pull up Exhibit 32 -- or 31,
6 excuse me.
7 MS. COX: I object to this exhibit.
8 THE COURT: Overruled.
9 MR. AMAN: And if you'll blow up -- yeah.
10 This is a letter that Ms. Cox received on
11 December 22nd of 2010, three days before the blog
12 posting, where she accused my clients of tax fraud.
13 It's a request for her -- actually, why don't you
14 pull back a little bit. Why don't you blow up the top
15 two paragraphs.
16 It's a request to Ms. Cox to stop making false
17 and defamatory statements about my clients. Don't make
18 false and defamatory statements.
19 Then why don't you go down below.
20 One of the defamatory statements that we identify
21 for her is don't make defamatory statements about
22 committing tax fraud.
23 What does Ms. Cox do? Well, let's see the first
24 thing that she does, another exhibit that you haven't
25 seen yet, Exhibit 32. This is her response by e-mail
189
Closing Argument - Plaintiffs
1 when she receives it: "Finally. Thank you. I will read
2 it. Wonderful. Can't wait."
3 And if you look at the date of this, it's
4 December 22nd -- show the date -- 2010.
5 So what does she do? Three days later, she does
6 the posting where she accuses my clients of tax fraud on
7 "Bankruptcy Corruption" as the title of the website. But
8 that's not all.
9 Let's go to Exhibit 33.
10 If you have any question about what her
11 motivation is -- and we just heard it in her testimony
12 that we played for you -- about two and a half, three
13 weeks later, she sends the following e-mail back:
14 "Hello, David. I hope this e-mail finds you doing well.
15 All said and done, looks like the Summit boys are going
16 to jail and, well, I don't think Kevin acted with the
17 highest of integrity. However, at this point in my life,
18 it is time to think of me" -- to think of herself, not
19 the real estate victims. Remember that testimony? Not
20 the real estate victims. It's time to think of herself.
21 So what does she do to think about herself?
22 "So I want to let you know, and Obsidian Finance,
23 that I am now offering PR services and search engine
24 management services starting at $2,500 a month to promote
25 law firms, finance companies" -- and this is the
190
Closing Argument - Plaintiffs
1 important part -- "and to protect online reputations and
2 promote businesses."
3 So what have we seen at this point? Who is the
4 person that's been damaging my clients' business?
5 Ms. Cox herself. And so what does she do? She takes the
6 opportunity to say, "You know what, I can use all that
7 proprietary technology that I have. And you know what
8 I'll do? I'll cause the search engines -- we'll take you
9 down the list, but I'll only do it if you pay me. That's
10 the only way I'm going to do it."
11 My client didn't do it. He instead came to court
12 today, and Obsidian Finance Group came to court today, to
13 protect the business the way that you should do it, not
14 through extortion, by paying extortion, but by using the
15 courts to get people to stop.
16 Now, another jury instruction that you're going
17 to see and that the judge is going to give to you is
18 going to have to do with damages. You heard a lot of
19 questions from Ms. Cox about a 20-day period when there
20 had to be damages, a lot of questions about that. So I
21 just want to say two things about the jury
22 instructions -- and I'll read this to you, because the
23 judge will, too, but I think it's really important.
24 It says the plaintiffs, my clients, are entitled
25 to receive reasonable compensation for harm to
191
Closing Argument - Plaintiffs
1 reputation, humiliation or mental suffering, even if they
2 don't present any evidence to prove actual damage. And
3 the reason is, as you'll see, because the law presumes,
4 in a defamation case, that there's harm, that there's
5 damages.
6 And you can see why. You can see why exactly, in
7 a case like this, where my client's reputation is how
8 they make money. That's how they generate business for
9 the people that work for them. That's how they employ
10 people. So even if you find that you weren't convinced
11 that there was evidence of damages, which I'm going to
12 get to in a second, the law presumes that there's harm.
13 And it's up to you to decide, under these circumstances,
14 what reasonable compensation is.
15 But in any event, here you heard a lot of
16 evidence of the damage that was caused. You heard an
17 example from David Brown, where he had an interaction
18 with a bank VP, who said, "I found these allegations of
19 tax fraud, and they caused me concern."
20 And the word he used was really important. He
21 said it's like paint splatter: I don't want to be
22 tarnished with the reputation that you have on the
23 Internet. I don't want to be harmed. I don't want to
24 suffer the kind of damage to reputation that -- I don't
25 want to suffer what you did, the damage to reputation.
192
Closing Argument - Plaintiffs
1 And it's because Ms. Cox's statements, she has caused
2 them to go viral.
3 You also heard from Ms. Whittington, who
4 testified that in the last year, their advisory income
5 has gone down by a million dollars, which isn't
6 surprising, because you heard Mr. Padrick testify that a
7 typical deal generates $100,000 to even as much as
8 $5 million.
9 As I said, it's up to you to decide what
10 reasonable compensation is here for the false and
11 defamatory statements that were made, but we'd submit
12 that a reasonable number here is the million dollars that
13 Ms. Whittington referred to.
14 And one last thing I want to get to. You heard
15 Ms. Cox at the beginning of this case talk about a lot of
16 different -- a lot of different things that she believed
17 or that she felt. I just want to remind you, those
18 aren't evidence. The evidence is what you heard the
19 witnesses say. It's what you saw in the documents. It's
20 what was actually proven.
21 And there's no question what was proven here
22 today. My clients were defamed. They were lied about on
23 the Internet. It's causing them damages. It's hurt
24 their reputation.
25 And the only way -- the only way to compensate
193
Closing Argument - Defendant
1 them -- because Ms. Cox will not take her sites down.
2 You've already heard her. They're up today. When we
3 walked into the courtroom today, they're still up there.
4 And my clients are going to have to live with that,
5 because of the way the Internet works, forever.
6 The only way to compensate my clients is to pay
7 them enough to compensate them for the harm that's been
8 caused by issuing a damages award against Ms. Cox.
9 Thank you.
10 THE COURT: Closing for the defense. Ms. Cox,
11 you're up.
12 MS. COX: I asked the question of tax fraud. I
13 did not accuse them of tax fraud.
14 Regarding Mr. Aman's e-mails and new exhibits, he
15 asked me my rates and services, which I can prove via
16 e-mail. I don't have it as an exhibit. He asked me my
17 rates and services, and I told him; and I didn't mean any
18 ill will towards anybody in doing so.
19 I do not believe that they proved actual damages,
20 and I do not believe that they proved that the post was
21 false or defamatory in any way. And I simply posted that
22 post to -- I was trying to help the real estate victims.
23 I was trying to get other people's story heard.
24 And I still, to this day, have no actual
25 information that those numbers and information was wrong.
194
Rebuttal Closing Argument - Plaintiffs
1 I don't believe that they presented information here
2 today that says that anyone saw that post and denied them
3 any jobs or any money or that they proved that it was
4 defamatory or false in any way.
5 Thank you for your services today.
6 THE COURT: You're up.
7 MR. AMAN: Very brief, Your Honor.
8 I will be very brief. But what you just saw is
9 exactly why we're here today: No actual information was
10 presented to show that it was false, despite the fact
11 that three tax experts got up and explained it. And she
12 didn't have a contrary explanation.
13 And we didn't prove that we actually lost a
14 particular customer. We don't have to prove that.
15 That's not part of our burden. But we did show that it
16 was the harm to my client's reputation, and that's what
17 the law protects here.
18 Thank you.
19 THE COURT: Members of the jury, you are the jury
20 in this case. It is my duty to instruct you on the law.
21 It's your duty to find the facts from all the evidence in
22 this case. You must follow the law as I give it to you,
23 whether you agree with it or not. You must not be
24 influenced by your own likes or dislikes, opinions,
25 prejudices, sympathy, or public opinion. They have no
195
Jury Instructions
1 place in your deliberations, for all parties are equal
2 before the law.
3 Likewise, do not decide this case on guesswork,
4 conjecture or speculation. This means that you must
5 decide the case solely on the evidence before you and
6 according to the law. You will recall that you took an
7 oath promising to do so at the beginning of this case.
8 In following my instructions, you must follow all
9 of them and not single out some and ignore others. They
10 are all equally important. And you must not read into
11 the instructions or anything I have said or done during
12 this trial any suggestion as to what verdict you should
13 return. That is a matter entirely for you to decide.
14 You may use your notes taken during the trial to
15 assist your memory. Notes, however, should not be a
16 substitute for your memory, and you should not be overly
17 influenced by them.
18 Keep in mind that each party is entitled to the
19 considered decision of each juror. Therefore, you should
20 not give undue weight to another juror's notes if those
21 notes conflict with your recollection of the evidence.
22 When a party has the burden of proof on any claim
23 by a preponderance of the evidence, it means that you
24 must be persuaded by the evidence that the claim is more
25 probably true than not. You should base your decision on
196
Jury Instructions
1 all the evidence, regardless of which party presented it.
2 The evidence you are to consider in deciding the
3 case consists of the sworn testimony of any witness, the
4 exhibits which are received in evidence, and any facts to
5 which the lawyers have agreed.
6 In reaching your verdict, you may consider only
7 the testimony and exhibits received into evidence.
8 Certain things are not evidence, and you may not consider
9 them in deciding what the facts are. I will list them
10 for you.
11 Defendant is representing herself in this case.
12 She is not represented by a lawyer. Her statements are
13 evidence only when she speaks as a witness providing
14 sworn testimony. Otherwise, her statements are not
15 evidence. For purposes of these instructions, when I
16 refer to a lawyer or lawyers, the instruction includes
17 the defendant, except when she's providing sworn
18 testimony as a witness.
19 Arguments and statements by lawyers are not
20 evidence. The lawyer are not witnesses. What they have
21 said in their opening statements, closing arguments, and
22 at other times is intended to help you understand and
23 interpret the evidence, but it is not evidence. If the
24 facts as you remember them differ from the way the
25 lawyers have stated them, your memory of them controls.
197
Jury Instructions
1 Questions and objections by lawyers are not
2 evidence. Attorneys have a duty to their clients to
3 object when they believe the question is improper under
4 the rules of evidence. You should not be influenced by
5 the objection nor by the Court's ruling on it.
6 Testimony that has been excluded or stricken or
7 that you've been instructed to disregard is not evidence
8 and must not be considered. In addition, sometimes
9 testimony and exhibits are received only for a limited
10 purpose. When I have given a limiting instruction, you
11 must follow it.
12 Anything you may have seen or heard when the
13 court was not in session is not evidence. You're to
14 decide the case solely on the evidence received at the
15 trial.
16 In deciding the facts of this case, you may have
17 to decide which testimony to believe and which testimony
18 not to believe. You may believe everything a witness
19 says or part of it or some of it. Proof of a fact does
20 not necessarily depend on the number of witnesses who
21 testify about it.
22 In considering the testimony of any witness, you
23 may take into account the opportunity and ability of the
24 witness to see or hear or know the things testified to,
25 the witness's memory, the witness's manner while
198
Jury Instructions
1 testifying, the witness's interest in the outcome of the
2 case and any bias or prejudice, whatever other evidence
3 contradicted the witness's testimony, the reasonableness
4 of the witness's testimony in light of all the evidence,
5 and any other factors that bear on believability.
6 The weight of the evidence as to a fact does not
7 necessarily depend on the number of witnesses who testify
8 about it.
9 Some witnesses, because of education or
10 experience, are permitted to state opinions and reasons
11 for those opinions. Opinion testimony should be judged
12 just like any other testimony. You may accept it or
13 reject it and give it as much weight as you think it
14 deserves, considering the witness's education and
15 experience and the reasons given for the opinion and all
16 the other evidence in the case.
17 Defamation is a false communication of fact that
18 tends to harm a person's reputation. The harm must lower
19 the community's opinion of the person or deter someone
20 from associating or dealing with that person. The
21 defamatory communication may be written -- that's called
22 libel -- or oral, and that's called slander. The law of
23 defamation protects corporate entities, including a
24 limited liability company, from defamatory communications
25 just as it protects a private person.
199
Jury Instructions
1 The plaintiffs claim that the defendant defamed
2 them. This requires plaintiffs to prove it is more
3 likely true than not, one, the defendant communicated a
4 fact about the plaintiffs; two, when the defendant
5 communicated -- excuse me -- what the defendant
6 communicated was false and defamatory; three, the
7 defendant published the communication to a third person;
8 four, the third person reasonably understood both that
9 the communication was about the plaintiffs and had a
10 defamatory meaning; and, five, the defendant's
11 communication damaged plaintiffs.
12 Defendant's knowledge of whether the statements
13 at issue were true or false and defendant's intent or
14 purpose in publishing those statements are not elements
15 of the claim and are not relevant to the determination of
16 liability.
17 A defamatory communication is published if
18 someone other than the person making the defamatory
19 communication or the person being defamed heard or saw
20 it. It is not published if the communication was
21 accidental.
22 It is the duty of the Court to instruct you about
23 the measure of damages. By instructing you on damages,
24 the Court does not mean to suggest for which party your
25 verdict should be rendered.
200
Jury Instructions
1 If the plaintiffs prove all elements of their
2 claim, then you must decide whether the plaintiffs have
3 been damaged; and, if so, the actual -- excuse me, the
4 amount of actual damages.
5 In determining the amount of plaintiffs' actual
6 damages, if any, consider each of the following: one,
7 harm to plaintiffs' property, business, trade,
8 profession, or occupation; two, loss of plaintiffs'
9 earning capacity; three, harm to plaintiffs' personal or
10 business reputation; four, humiliation or mental
11 suffering.
12 The plaintiffs are entitled to receive reasonable
13 compensation for harm to reputation, humiliation or
14 mental suffering even if plaintiff does not present
15 evidence that proves actual damages. This is because the
16 law presumes that the plaintiffs suffered these damages.
17 Upon returning to the jury room, you should
18 select one of your members to act as your presiding
19 juror. That person will preside over the deliberations
20 and speak for you here in court. The presiding juror
21 presides over deliberations and votes, but has no greater
22 weight or voice than any other juror.
23 After selecting your presiding juror, deliberate
24 until you reach your verdict. Your verdict must be
25 unanimous. Each of you must decide the case for
201
Jury Instructions
1 yourself, but you should do so only after you have
2 considered all the evidence, discussed it fully with the
3 other jurors, and listened to the views of your fellow
4 jurors.
5 Do not be afraid to change your opinion if the
6 discussion persuades you that you should, but do not come
7 to a decision simply because other jurors think it is
8 right. It is important that you attempt to reach a
9 unanimous verdict, but, of course, only if each of you
10 can do so after having made your own conscientious
11 decision. Do not change an honest belief about the
12 weight and effect of the evidence simply to reach a
13 verdict.
14 A special verdict form has been prepared for your
15 convenience. You'll have this form with you in the jury
16 room.
17 You will note that there are questions. The
18 answer to each question must be unanimously answered by
19 the jury. The presiding juror will write the answer of
20 the jury in the spaces provided opposite each question.
21 All jurors should participate in all deliberations and
22 vote on each question.
23 The presiding juror should then date and sign the
24 special verdict form as completed, and you will advise
25 the bailiff outside your door that you're ready to return
202
Jury Instructions
1 to the courtroom after you've reached your verdict. The
2 Court will then be reconvened, and your verdict will be
3 received here in court.
4 Your verdict must be based solely on the evidence
5 and the law I have given you with these instructions.
6 Nothing I have said or done is intended to suggest what
7 your verdict should be. That's entirely for you to
8 decide.
9 If it becomes necessary during your deliberations
10 to communicate with me, you may send a note through the
11 bailiff, signed by the presiding juror or one or more
12 members of the jury. No member of the jury should ever
13 attempt to communicate with me except by a signed
14 writing.
15 Until you have reached your verdict, I will only
16 communicate with jury members on anything concerning the
17 case either in writing or orally here in open court. If
18 you send out a question, I will consult with the parties
19 before answering, which may take some time. You may
20 continue your deliberations while waiting for the answer
21 to any question.
22 Remember that you are not to tell anyone,
23 including me, how the jury stands numerically or
24 otherwise until after you have reached a unanimous
25 verdict and have been discharged.
203
Jury Instructions
1 You will have with you while you deliberate the
2 jury instructions which I just read to you. I'm going to
3 give you four copies; I figured two of you can share for
4 each copy. You'll have the verdict form, which I will
5 review with you in just a moment. And you will have the
6 exhibits which have been received into evidence.
7 The verdict form tells you that you're in the
8 United States District Court for the District of Oregon,
9 Portland Division. It has the title and caption of the
10 case here on the left and the number on the right, and
11 then tells you that this is the verdict.
12 It reads as follows: "We, the jury, being duly
13 impaneled and sworn in the above-entitled action, do find
14 as follows:" Question 1: "Is Defendant Crystal Cox
15 liable to Plaintiff Obsidian Finance Group, LLC" -- and
16 it should say, "and Kevin Padrick, for defamation?" The
17 answer should be yes or no.
18 Excuse me. It shouldn't be Kevin Padrick,
19 because we separated them out. Excuse me. I apologize.
20 The answer is yes or no. "If yes, what are
21 Obsidian Finance Group, LLC's damages?"
22 And then we separated it out so the second
23 question is: "Is Defendant Crystal Cox liable to
24 Plaintiff Kevin Padrick for defamation?" Again, answer
25 yes or no. "If yes, what are Kevin Padrick's damages?"
204
Jury Instructions
1 Please have your presiding juror sign and date
2 the verdict form. There's a place for the date and then
3 a place for the presiding juror to sign.
4 So you will deliberate separately and reach
5 verdicts separately as to each of the plaintiffs.
6 Where did my bailiff go?
7 THE CLERK: Sorry.
8 THE COURT: I have two bailiffs. I have dueling
9 bailiffs.
10 (The bailiffs are then sworn.)
11 THE COURT: You will be escorted into the jury
12 room. Don't begin your deliberations until Michelle
13 comes in and says, "You may begin."
14 Go into the room and hang out for just a moment.
15 (The jury leaves the courtroom.)
16 THE COURT: Mr. Aman, other than the objection
17 which you previously alerted the Court about, do you have
18 any exceptions?
19 MR. AMAN: No exceptions other than that, Your
20 Honor.
21 THE COURT: Do you have any exceptions?
22 MS. COX: No.
23 THE COURT: Michelle, you can go ahead and direct
24 the jury that they may begin their deliberations.
25 I would ask that you remain somewhat close to the
205
Verdict
1 area, so if the jury has a question or reaches a verdict,
2 I don't have to spend too much time finding you. If you
3 have a cell phone number that we can locate you with,
4 that would be helpful.
5 Other than that, thank you very much. You each
6 tried a good case. Thank you.
7 (A recess is then taken. The Court, counsel, and
8 the parties reconvene.)
9 THE CLERK: Remain seated. Come to order.
10 THE COURT: Bring them in.
11 (The jury enters the courtroom.)
12 THE COURT: Please be seated.
13 We are continuing in the matter of Obsidian
14 Finance, et al. versus Cox. The jury has reported that a
15 verdict has been reached.
16 Mr. Whittington, I see you have the form in your
17 hand, so I'm going to make a presumption that you're the
18 presiding juror. Am I right about that?
19 THE JUROR: Correct.
20 THE COURT: Did the jury reach a unanimous
21 verdict?
22 THE JUROR: Yes, Your Honor, we have.
23 THE COURT: The bailiff will please get the form
24 from Mr. Whittington.
25 THE CLERK: Thank you. (Handing).
206
Verdict
1 THE COURT: Thank you.
2 The verdict reads as follows: "We, the jury,
3 being duly impaneled and sworn in the above-entitled
4 caption do find as follows: Is Defendant Crystal Cox
5 liable to Obsidian Finance Group, LLC for defamation?"
6 The answer is yes.
7 "What are the damages for Obsidian Finance?"
8 $1 million.
9 "Is Defendant Crystal Cox liable to Kevin Padrick
10 for defamation?" The answer is yes.
11 "What are Kevin Padrick's damages?" $1,500,000.
12 The presiding juror has signed it.
13 I assume that's your signature where it says
14 "presiding juror"?
15 THE JUROR: Yes, Your Honor.
16 THE COURT: Thank you very much. Your services
17 are complete. Go ahead and exit through the door there.
18 Michelle will take you to the jury room.
19 Again, thank you very much.
20 (The jury leaves the courtroom.)
21 THE COURT: Is there anything else from the
22 plaintiffs' perspective?
23 MR. AMAN: No, Your Honor.
24 THE COURT: Is there anything else from your
25 perspective?
207
1 MS. COX: No, Your Honor.
2 THE COURT: Then you will prepare a judgment.
3 I guess we need to talk about -- you asked for
4 injunctive relief. Do we need to address that issue,
5 given the size of the award in this case?
6 MR. AMAN: We will -- we will follow up with the
7 Court about that. We'll look at the matter. We may
8 still seek a permanent injunction.
9 THE COURT: Well, I don't like leaving doors
10 open. So you need to prepare -- if you're not going to
11 seek injunctive relief, you need to prepare a judgment.
12 If you are, what I want you to do is prepare what it is
13 you want me to do, your argument explaining to me why
14 you're entitled to the relief. So explain why you're
15 entitled and tell me what you want.
16 Have that filed -- I'm going to give you 10 days
17 from today.
18 MR. AMAN: Thank you, Your Honor.
19 THE COURT: Okay. You will have an opportunity
20 to respond, to say why they're not entitled. And if you
21 disagree with the relief they are requesting, explain to
22 me what it is you think ought to happen in the
23 alternative.
24 And I'll give you five days after you have gotten
25 their request to respond. If they don't request within
208
1 10 days, you can assume they're not making such a request
2 and that that issue is no longer before the Court.
3 Do you understand, Ms. Cox?
4 MS. COX: Yes, I do, Your Honor.
5 THE COURT: Anything else from the plaintiff?
6 MR. AMAN: No, Your Honor.
7 THE COURT: Ms. Cox, anything else from you?
8 MS. COX: No, Your Honor.
9 THE COURT: Best wishes to all of you.
10 THE CLERK: Your Honor, could we order the
11 exhibits returned to the party submitting them for
12 safekeeping?
13 THE COURT: Yes.
14 So here's the deal. We don't like to be the
15 keeper of the exhibits. So we'll order the exhibits
16 returned to the plaintiffs, their exhibits.
17 You had one exhibit. We'll order that returned
18 to you. Your duty, as a party to this case, you're now
19 the keeper of the exhibit. You have to hang on to that
20 exhibit until it's apparent that it's no longer needed
21 because the appeals period has run.
22 MS. COX: Their exhibits, too?
23 THE COURT: You're only responsible for the
24 exhibits received into evidence. And you had one
25 exhibit; we'll give it back to you. They had a number of
209
1 exhibits. You're each responsible to keep your own
2 exhibits. That's the Court's copy.
3 MS. COX: I don't have to keep this (indicating),
4 though?
5 THE COURT: No. No, just that one exhibit that
6 we're going to return to you.
7 MS. COX: Thank you.
8 THE COURT: You're the caretaker of that exhibit.
9 Thank you.
10
11
12 (Proceedings concluded.)
13
14
15
16
17
18
19
20
21
22
23
24
25
210
1 --oOo--
2
3 I certify, by signing below, that the
4 foregoing is a correct transcript of the record
5 of proceedings in the above-titled cause. A
6 transcript without an original signature,
7 conformed signature or digitally signed signature
8 is not certified.
9
10
11
/s/ Nancy M. Walker 12-27-11
12 ______________________________ _______________
NANCY M. WALKER, CSR, RMR, CRR DATE
13 Official Court Reporter
Oregon CSR No. 90-0091
14
15
16
17
18
19
20
21
22
23
24
25
1
$ 171:10, 172:20, 32 [7] - 9:25, 173:13,
2 9
172:25, 184:5 178:23, 178:25,
10 [12] - 28:7, 36:11, 184:5, 188:5, 188:25
$1,500,000 [1] - 61:11, 62:8, 75:16, 2 [8] - 11:9, 20:22, 326-8186 [1] - 2:9 9 [5] - 11:10, 13:7,
206:11 166:21, 166:23, 21:9, 42:15, 42:18, 33 [5] - 10:1, 178:24, 28:17, 140:8, 169:9
$10 [6] - 70:20, 167:1, 169:1, 170:6, 42:21, 152:12, 175:22 179:1, 184:5, 189:9 90-0091 [1] - 210:13
158:17, 159:7, 159:8, 207:16, 208:1 20 [4] - 140:7, 34 [1] - 173:22 94-45 [1] - 137:20
159:17, 159:18 100 [1] - 82:4 159:21, 169:1, 175:22 97204 [2] - 2:4, 2:9
$10,000 [1] - 83:4 20-day [3] - 160:9,
1000 [1] - 2:8 4
$100 [4] - 103:3, 1031 [16] - 41:18, 160:14, 190:19 A
103:16, 103:24, 41:25, 63:5, 63:6, 200 [1] - 103:17
103:25 68:12, 70:5, 79:1, 2003 [7] - 73:1, 73:3, 4 [15] - 22:5, 22:14,
$100,000 [17] - 74:14, 74:18, 99:11, 22:18, 22:24, 23:6, ability [9] - 51:8,
94:11, 94:21, 105:11,
88:15, 111:10, 99:13, 99:19 31:5, 31:10, 31:16, 55:15, 58:12, 70:14,
106:5, 109:21,
111:25, 113:6, 2008 [4] - 63:1, 31:20, 34:10, 34:24, 128:10, 128:11,
134:16, 134:19, 154:5
113:23, 114:4, 63:22, 75:20, 75:22 37:7, 41:9, 41:14, 147:3, 152:24, 197:23
1031s [2] - 68:14,
116:15, 134:6, 134:8, 2010 [8] - 83:20, 41:20 able [16] - 6:17, 6:19,
78:14
134:9, 135:1, 135:3, 159:10, 166:4, 166:5, 43 [1] - 175:22 11:5, 33:11, 45:9,
11 [8] - 27:20, 34:12,
148:6, 150:15, 171:23, 172:12, 46 [1] - 175:22 49:6, 50:4, 52:5,
35:6, 97:15, 106:15,
154:20, 155:5, 192:7 188:11, 189:4 63:25, 127:1, 129:4,
118:15, 139:8, 167:24
145:17, 145:18,
$174,000 [1] - 140:7 11-57-HZ [1] - 3:4 2011 [6] - 1:5, 91:10, 5
$2,500 [1] - 189:24 155:7, 155:9, 167:16
12 [6] - 27:1, 27:13, 92:17, 157:22,
$200 [4] - 103:25, above-entitled [2] -
27:16, 27:19, 167:25, 159:11, 186:15
5 [7] - 23:9, 40:11, 203:13, 206:3
104:4, 104:5, 104:6 169:2 21 [2] - 169:9, 170:6
40:18, 88:15, 88:16, above-titled [1] -
$200,000 [4] - 134:7, 12-27-11 [1] - 210:11 22nd [10] - 10:8,
171:19, 192:8 210:5
134:8, 135:1, 135:3 13 [2] - 26:14, 40:3 70:25, 91:10, 92:11,
50 [1] - 129:4 absolutely [4] -
$30 [1] - 64:6 13-year-old [1] - 27:6 158:16, 169:17,
503 [1] - 2:9 84:17, 147:1, 177:21,
$350 [1] - 124:12 14 [5] - 26:6, 35:3, 170:15, 172:12,
505 [1] - 2:6 180:18
$600,000 [2] - 43:4, 43:8, 173:22 188:11, 189:4
520 [1] - 50:11 academic [2] -
139:19, 140:3 14th [10] - 70:19, 23 [1] - 170:6
527 [6] - 115:13, 123:17, 124:2
91:5, 109:5, 111:1, 24 [2] - 169:10,
115:14, 120:4, Academy [1] - 124:3
' 157:19, 158:18, 171:19
121:10, 184:5, 184:10 accept [2] - 53:9,
159:6, 159:11, 24th [2] - 166:12,
571 [1] - 121:9 198:12
159:24, 160:8 166:13
'83 [1] - 100:10 58 [1] - 126:13 access [4] - 35:23,
15 [7] - 25:17, 26:1, 25 [1] - 170:6
'84 [1] - 100:8 59917 [1] - 2:6 35:25, 126:15, 126:16
26:4, 45:19, 62:7, 25th [14] - 10:9,
'86 [1] - 41:10 accessible [1] -
164:2, 164:18 70:12, 90:24, 91:5,
'89 [1] - 41:10
16 [5] - 11:3, 11:10, 109:5, 111:1, 111:2, 6 88:23
'97 [1] - 74:1 157:18, 157:21, accident [2] - 30:19
25:8, 25:15, 172:10
158:18, 159:6, accidental [1] -
1600 [1] - 2:3 6 [5] - 23:17, 24:1,
/ 17 [8] - 11:10, 21:16, 159:10, 160:7, 166:5 24:4, 39:23, 171:19
199:21
26 [1] - 171:19 accidentally [1] -
29:4, 34:7, 37:20,
28.8 [1] - 82:1 176:10
/s [1] - 210:11 37:25, 39:3, 39:10 7 accommodator [3] -
18 [5] - 11:10, 29:12, 29 [2] - 1:5, 75:24
78:14, 78:19, 78:21
30:1, 35:12, 167:25
1 7 [9] - 24:6, 24:17, Accommodators
180 [2] - 63:11, 78:22 3 [14] - 63:2, 77:25,
19 [11] - 11:5, 11:10, 24:20, 33:4, 33:8,
1 [23] - 11:4, 11:7, 33:12, 42:7, 42:10, 78:2, 109:15, 109:21,
30:3, 30:18, 31:23,
11:8, 11:9, 11:15, 3 [7] - 21:11, 21:25, 42:12 111:22, 112:11,
32:2, 32:4, 32:10,
11:17, 13:3, 15:6, 22:3, 116:3, 133:21, 112:20, 113:19,
35:17, 167:24, 173:22
19:17, 19:18, 19:19, 139:6, 152:13 8 120:14, 120:15,
1980 [1] - 144:3
19:22, 20:6, 20:12, 30 [7] - 81:25, 86:21, 133:8, 137:13, 154:5
1983 [1] - 100:16
20:16, 20:19, 34:21, 90:3, 90:9, 132:16, accommodators [1]
1984 [1] - 100:6 8 [5] - 11:10, 13:4,
37:9, 37:11, 40:24, 184:5, 185:12 - 85:1
1989 [1] - 31:20 24:22, 36:14, 36:18
152:12, 203:14, 206:8 30,000 [1] - 70:4 accomplish [1] -
1993 [1] - 73:20 80 [1] - 126:17
1-A [15] - 10:1, 66:5, 301 [1] - 2:8 63:4
1995 [1] - 122:23 85 [5] - 64:19, 82:2,
83:20, 84:2, 88:22, 31 [9] - 9:25, 169:21, according [2] -
1:00 [1] - 98:6 82:3, 82:6, 82:11 126:12, 195:6
90:14, 105:22, 170:2, 172:24,
173:22, 178:23, 888 [1] - 2:3 According [1] -
133:18, 139:6,
165:20, 167:11, 178:25, 184:5, 188:5 109:23
2
account [6] - 55:15, addition [3] - 86:22, agree [9] - 50:7, 17:7, 32:16, 32:21, 40:9
82:5, 151:3, 152:12, 180:15, 197:8 53:4, 53:9, 108:21, 32:25, 39:16, 39:18, Anderson [1] -
152:13, 197:23 additional [4] - 9:7, 114:8, 142:8, 154:2, 39:24, 40:7, 40:16, 132:20
accountability [1] - 33:15, 162:7, 164:17 177:11, 194:23 40:19, 41:1, 43:1, Andrew [2] - 15:18,
185:8 address [4] - 4:5, agreed [1] - 196:5 43:12, 45:22, 45:25, 23:17
accountable [1] - 5:16, 58:2, 207:4 agreement [11] - 46:19, 47:11, 48:15, Annie [3] - 174:18,
67:22 addressed [1] - 9:8 82:20, 87:4, 87:6, 49:1, 49:5, 49:20, 175:4, 175:18
accountant [2] - adjusted [2] - 90:1, 112:19, 114:8, 50:8, 51:23, 59:18, announce [1] - 13:20
68:14, 132:15 136:10, 136:13 117:12, 117:15, 72:4, 72:21, 83:21, answer [30] - 16:15,
accounting [8] - administer [1] - 137:16, 153:3, 155:3 83:22, 86:14, 89:13, 18:15, 18:19, 55:3,
100:15, 100:18, 64:11 ahead [24] - 10:11, 89:14, 90:9, 90:14, 91:12, 93:24, 94:18,
101:6, 105:2, 106:22, administration [1] - 15:5, 16:22, 17:13, 90:18, 91:12, 94:6, 97:8, 111:15, 112:24,
107:5, 111:19, 132:20 73:8 17:15, 32:17, 39:17, 94:8, 94:12, 94:14, 114:11, 154:6, 156:4,
accumulate [2] - admissible [3] - 44:10, 44:17, 45:17, 97:21, 98:7, 98:11, 162:15, 167:19,
81:10, 83:10 4:23, 51:14, 52:8 46:17, 73:18, 89:12, 99:7, 99:14, 107:15, 168:4, 168:23, 172:5,
accurate [5] - 87:2, admit [1] - 114:15 94:2, 97:24, 159:1, 108:5, 108:7, 110:15, 174:14, 174:23,
106:19, 139:23, admitted [3] - 51:13, 160:3, 163:23, 110:17, 111:13, 175:2, 175:11,
141:6, 173:20 54:6, 54:8 163:25, 165:23, 112:21, 115:6, 201:18, 201:19,
accurately [1] - adopted [1] - 181:22 172:25, 179:19, 119:24, 120:2, 121:6, 202:20, 203:17,
160:11 ads [2] - 177:4, 204:23, 206:17 121:18, 122:16, 203:20, 203:24,
accusations [1] - 178:19 al [1] - 205:14 130:13, 131:3, 131:6, 206:6, 206:10
174:13 adult [1] - 27:5 alert [2] - 12:14, 131:12, 132:4, 135:6, answered [4] -
accuse [2] - 95:10, 58:24 135:9, 141:8, 142:16, 54:24, 55:1, 117:19,
advance [1] - 49:21
193:13 alerted [3] - 46:16, 142:20, 142:22, 201:18
adversely [1] - 93:12
accused [9] - 60:25, 91:2, 204:17 143:1, 143:17, answering [2] -
Advertising [1] -
61:1, 61:18, 88:8, allegation [1] - 67:7 147:18, 155:16, 93:25, 202:19
124:2
95:6, 95:13, 155:20, allegations [2] - 158:6, 158:19, 161:2, answers [2] - 18:12,
advice [2] - 62:11,
174:3, 188:12 163:3, 191:18 163:17, 163:20, 39:8
128:23
accuses [2] - 91:20, allegedly [1] - 164:10, 164:14, anticipate [1] - 8:25
advise [4] - 51:19,
189:6 159:18 164:17, 164:19, antiques [1] - 28:22
52:5, 76:5, 201:24
accusing [3] - 71:23, allow [2] - 9:2, 164:23, 165:9, anyway [2] - 7:15,
advising [6] - 73:16,
141:15, 172:13 151:13 165:16, 167:24, 46:17
73:17, 75:6, 75:20,
allowed [9] - 7:19, 169:1, 169:9, 170:6, apologize [3] -
achieved [1] - 85:16 144:9, 144:10
9:21, 47:20, 49:24, 171:19, 173:22, 158:23, 178:13,
acknowledged [1] - advisor [4] - 148:9,
51:7, 51:9, 95:16, 175:22, 178:22, 203:19
187:4 148:13, 148:18,
95:17, 149:13 179:4, 179:8, 179:10, apparent [2] - 4:12,
acquiring [1] - 76:4 148:24
allowing [1] - 45:2 180:4, 180:7, 182:9, 208:20
act [3] - 18:6, 81:14, Advisors [2] - 132:8,
182:17, 183:8,
200:18 132:18 allows [2] - 63:10, appeals [1] - 208:21
183:12, 183:14,
acted [2] - 80:24, advisory [24] - 35:8, 78:15 appearance [2] -
183:20, 183:24,
189:16 60:7, 74:2, 74:12, almost [5] - 35:24, 52:10, 58:14
184:4, 184:6, 184:14,
acting [1] - 17:2 74:14, 74:22, 76:4, 80:12, 88:19, 186:14, APPEARANCES [1] -
184:20, 185:7, 188:9,
action [1] - 203:13 76:9, 76:10, 76:12, 186:15 2:1
194:7, 204:19,
active [1] - 22:8 76:13, 87:22, 88:13, Aloha [3] - 156:17, appeared [10] - 21:5,
206:23, 207:6,
actively [1] - 30:11 88:17, 88:19, 92:17, 156:22, 156:24 22:10, 23:23, 24:13,
207:18, 208:6
activities [3] - 28:23, 92:21, 93:4, 93:5, alone [1] - 52:25 25:13, 25:23, 28:15,
Aman's [1] - 193:14
30:13, 110:20 100:22, 107:9, Alpha [1] - 25:11 29:9, 29:21, 30:14
Amendment [1] -
activity [4] - 69:22, 107:10, 192:4 Alpine [1] - 28:2 appearing [1] - 25:3
48:24
71:17, 104:21, 149:22 affect [2] - 39:6, alternative [1] - applied [2] - 112:5,
American [7] - 21:19,
actual [13] - 81:1, 145:24 207:23 152:17
26:20, 28:1, 28:2,
95:21, 109:9, 110:25, afraid [3] - 77:19, alternatives [2] - applies [3] - 56:20,
29:18, 29:19, 35:18
141:15, 191:2, 93:9, 201:5 125:25, 127:13 57:6, 57:8
Americans [1] -
193:19, 193:24, afternoon [4] - Aluminum [1] - 27:4 apply [4] - 17:16,
126:13
194:9, 200:3, 200:4, 122:17, 132:5, alumni [1] - 35:13 45:5, 53:2, 103:5
amount [10] - 78:10,
200:5, 200:15 143:18, 179:20 Aman [8] - 2:2, 17:4, appoint [2] - 97:14,
81:24, 92:20, 119:19,
Adams [4] - 101:9, age [1] - 21:9 17:5, 46:9, 165:15, 97:15
126:5, 126:7, 144:13,
101:10, 101:15, ago [10] - 21:22, 180:2, 185:6, 204:16 appointed [11] -
181:1, 200:4, 200:5
104:23 25:23, 28:25, 31:19, AMAN [128] - 5:17, 64:10, 81:4, 81:5,
amounts [2] - 64:20,
add [1] - 137:3 117:9, 118:23, 6:6, 6:25, 8:7, 8:12, 86:10, 96:4, 96:16,
67:9
adding [2] - 163:10, 143:23, 162:25, 8:23, 9:4, 9:14, 9:24, 96:19, 97:1, 97:12,
analyst [2] - 23:11,
163:11 185:12, 186:2 10:12, 10:15, 14:15, 119:10, 120:25
3
apportioned [1] - 135:21, 135:23, 56:10, 152:8, 152:19 80:13, 81:3, 81:4, 102:24, 103:1, 103:3,
152:10 136:22, 139:9, 140:2 award [3] - 67:24, 81:5, 81:7, 81:9, 103:4, 103:5, 103:6,
appreciate [2] - 44:6, assigned [1] - 193:8, 207:5 81:14, 82:8, 82:13, 103:9, 103:17,
59:20 148:15 awarded [1] - 30:19 82:16, 82:17, 82:22, 103:24, 104:4, 104:5,
appreciated [1] - assignment [2] - aware [13] - 52:8, 83:9, 84:10, 84:16, 105:7, 134:4, 136:6,
140:3 92:17 109:12, 110:8, 84:23, 86:18, 87:7, 136:11, 136:13,
approached [1] - assist [2] - 58:14, 110:19, 111:19, 94:11, 95:12, 96:17, 137:4, 145:21,
57:13 195:15 111:22, 112:1, 112:2, 100:25, 101:2, 101:4, 146:13, 147:13
appropriate [1] - assistant [2] - 24:15, 112:7, 119:1, 147:23, 101:13, 101:19, basketball [1] -
186:25 24:18 148:1, 182:3 101:20, 101:21, 25:13
approval [3] - 121:3, assisted [1] - 146:19 awful [2] - 145:5, 101:25, 102:16, bear [2] - 55:22,
155:9, 155:13 associate [1] - 41:14 149:21 102:22, 104:20, 198:5
approved [6] - 65:1, associated [2] - 105:1, 105:14, Beaverton [3] - 26:7,
86:18, 87:6, 109:17, 156:1, 157:11 B 109:17, 109:19, 27:21, 35:8
109:18, 162:8 associating [1] - 110:20, 111:6, became [5] - 68:17,
approximate [1] - 198:20 112:14, 116:20, 106:16, 110:8,
B-r-o-w-n [1] - 116:23, 117:4, 117:6, 139:10, 152:3
157:12 Association [2] -
143:13 117:7, 117:10, 118:7, become [2] - 105:2,
apt [1] - 129:22 21:20, 28:1
BA [1] - 22:8 118:14, 119:3, 128:17
area [15] - 26:15, association [6] -
bachelor [2] - 23:19, 119:12, 121:1, 121:3, becomes [3] -
27:2, 28:8, 60:13, 35:10, 35:13, 163:14,
99:17 135:14, 135:16, 153:15, 153:16, 202:9
87:12, 87:13, 100:18, 163:15, 163:16
bachelor's [2] - 30:8, 135:21, 137:13, becoming [1] -
123:18, 125:3, 125:7, assume [16] - 8:21,
132:13 146:7, 146:8, 146:9, 126:19
139:14, 144:12, 10:20, 29:24, 32:7,
146:2, 146:4, 205:1 Bachman [1] - 17:10 146:10, 147:24, BEFORE [1] - 1:16
35:24, 46:11, 90:25,
areas [3] - 4:14, 131:5, 142:18, background [8] - 148:8, 148:9, 149:12, begin [11] - 14:6,
144:6, 144:7 148:10, 164:16, 12:3, 40:4, 62:2, 73:5, 149:20, 149:21, 14:17, 19:5, 44:25,
165:3, 166:23, 73:6, 99:16, 126:10, 149:22, 150:2, 150:5, 59:3, 59:16, 127:19,
argue [1] - 18:4
166:25, 206:13, 208:1 186:22 150:10, 151:24, 149:2, 204:12,
argument [7] - 8:11,
assure [2] - 162:16, backpacking [1] - 152:8, 152:9, 152:15, 204:13, 204:24
160:2, 183:6, 184:19,
162:23 28:3 152:19, 155:11, beginning [8] -
185:1, 185:6, 207:13
attached [1] - 104:17 backwards [1] - 156:17, 156:18, 16:23, 75:19, 107:7,
arguments [6] -
99:22 156:23, 168:11, 143:24, 148:23,
14:5, 53:21, 53:24, attachment [1] -
bad [3] - 48:12, 171:16, 176:5, 178:4, 185:7, 192:15, 195:7
53:25, 59:13, 196:21 157:9
151:4, 156:9 178:9, 186:13, 186:21 behalf [9] - 72:9,
Arguments [1] - attack [1] - 187:3
bailiff [6] - 17:2, Bankruptcy [3] - 80:24, 81:2, 98:16,
196:19 attacking [1] -
44:11, 201:25, 66:8, 84:5, 189:7 122:2, 131:17,
Arizona [1] - 123:3 187:17
202:11, 204:6, 205:23 BankruptcyCorrupt 137:23, 139:21, 143:7
arrange [1] - 18:18 attempt [2] - 201:8,
bailiffs [3] - 204:8, ion.com [1] - 166:14 behavior [4] - 48:6,
arranging [1] - 101:3 202:13
204:9, 204:10 banks [1] - 76:5 80:23, 123:9, 123:14
art [2] - 28:14, attendance [1] -
ball [1] - 6:23 bar [2] - 23:7, 34:25 behind [1] - 5:8
151:25 18:25
band [1] - 35:4 Bartussek [2] - belief [2] - 4:13,
Art [1] - 26:21 attended [1] - 19:25
bank [7] - 74:10, 15:19, 24:7 201:11
Arthur [1] - 132:20 attention [3] - 44:6,
159:16, 161:4, Bartussek-Davis [2] believability [2] -
articles [1] - 95:4 58:7, 151:20
161:14, 161:17, - 15:19, 24:7 55:22, 198:5
aspects [4] - 60:19, attorney [9] - 22:7,
163:3, 191:18 base [1] - 195:25 belong [13] - 19:25,
74:21, 75:12, 146:17 24:9, 59:12, 69:14,
bank's [1] - 153:14 baseball [1] - 24:13 21:2, 23:13, 23:21,
asserted [1] - 7:17 89:21, 89:22, 92:6,
118:16, 150:14 Bankcorp [1] - 100:1 based [24] - 6:7, 7:6, 24:11, 25:11, 25:21,
asset [2] - 70:6,
Attorneys [1] - 197:2 bankrupt [8] - 68:12, 30:19, 50:6, 51:4, 26:20, 27:7, 28:1,
104:3
attorneys [1] - 53:22 102:3, 102:6, 104:1, 56:18, 58:1, 58:4, 29:7, 29:18
assets [34] - 65:2,
104:2, 105:19, 150:4, 63:16, 76:18, 77:11, belongs [1] - 121:12
65:3, 65:14, 65:20, attribute [1] - 129:5
151:22 82:8, 100:14, 125:12, below [5] - 108:17,
76:4, 76:6, 80:24, attributes [3] -
bankruptcies [1] - 129:11, 133:11, 109:1, 139:16,
81:10, 81:12, 82:12, 125:20, 129:2, 129:7
168:12 139:13, 140:23, 188:19, 210:3
82:23, 83:11, 84:22, authors [1] - 167:6
bankruptcy [108] - 141:3, 145:6, 164:10, bench [2] - 14:16,
84:25, 85:6, 97:10, automatic [1] -
4:6, 41:19, 41:25, 180:7, 202:4 56:4
101:21, 101:25, 168:13
42:6, 42:9, 46:14, Based [3] - 126:9, Bend [2] - 41:19,
102:4, 102:9, 102:15, available [5] - 32:15,
61:4, 62:16, 62:20, 140:20, 141:23 78:5
102:18, 103:10, 38:19, 65:8, 126:5,
64:2, 64:11, 64:25, basis [28] - 34:3, beneath [1] - 108:21
105:19, 106:15, 185:1
65:2, 65:3, 66:11, 47:14, 50:13, 52:3, beneficiaries [14] -
120:22, 135:14, Avenue [2] - 2:3, 2:8
68:10, 71:15, 73:16, 102:19, 102:23, 65:23, 82:24, 82:25,
135:16, 135:18, avoid [4] - 51:25,
4
104:18, 136:3, 157:7, 157:18, bring [11] - 3:13, 130:8, 131:8, 132:13, capacity [1] - 200:9
136:21, 137:3, 138:9, 157:21, 158:5, 158:9, 10:25, 13:17, 77:3, 142:19, 145:2, caption [2] - 203:9,
138:11, 138:23, 158:12, 158:15, 79:17, 81:10, 83:11, 146:23, 147:7, 206:4
140:13, 140:22, 158:17, 159:9, 141:10, 179:20 147:13, 162:20, car [4] - 27:17,
141:1, 153:20 159:19, 159:20, Bring [1] - 205:10 176:7, 185:9, 185:10, 30:19, 129:1, 129:3
benefit [3] - 63:20, 160:7, 160:15, bringing [1] - 79:22 186:9, 186:10, care [2] - 34:13,
64:15, 97:10 160:19, 161:23, brings [1] - 66:2 187:17, 187:20, 79:10
benefits [1] - 185:17 166:2, 166:3, 166:6, broach [1] - 50:6 190:4, 190:13, 191:8, career [4] - 22:17,
best [3] - 18:14, 167:4, 167:6, 167:7, broad [1] - 35:22 200:7, 200:10 91:8, 100:17, 146:5
51:8, 153:6 173:4, 173:7, 174:5, Broadcasting [1] - Businesses [1] - caretaker [1] - 209:8
Best [1] - 208:9 174:7, 174:9, 178:6, 25:11 73:15 Carla [4] - 15:14,
better [2] - 47:23, 178:18, 188:11 broke [1] - 153:13 businesses [16] - 22:5, 41:5, 43:21
49:17 blogger [2] - 50:12, broker [3] - 68:5, 62:15, 73:15, 73:21, carrier [1] - 24:10
between [14] - 91:4, 178:20 68:9, 68:15 73:24, 75:13, 75:23, cars [1] - 23:22
109:5, 109:20, blogs [14] - 36:6, Brought [1] - 108:11 76:4, 77:19, 77:20, Cascadia [3] - 95:8,
110:25, 114:9, 116:7, 36:9, 36:12, 36:24, brought [3] - 64:3, 79:11, 93:3, 93:6, 95:14, 156:17
116:8, 117:22, 94:10, 95:3, 110:2, 64:17, 141:14 93:7, 190:2 case [131] - 3:3, 4:9,
146:14, 155:4, 110:5, 155:22, BROWN [1] - 143:6 button [1] - 185:23 5:23, 6:11, 7:11, 8:19,
157:18, 157:23, 155:23, 166:17, Brown [17] - 32:21, buy [3] - 103:2, 12:1, 12:2, 14:2, 14:3,
159:6, 160:7 166:18, 176:16, 177:4 32:23, 32:25, 60:12, 129:3, 150:24 17:2, 17:12, 17:17,
beyond [3] - 17:21, Blogs [2] - 36:25, 62:12, 62:13, 73:1, buyer [7] - 123:21, 17:18, 17:20, 18:5,
49:11, 89:10 155:25 74:16, 75:3, 75:5, 125:20, 126:25, 18:6, 20:14, 20:15,
bias [3] - 43:18, blow [2] - 188:9, 75:15, 143:1, 143:13, 127:3, 128:25, 20:18, 21:6, 21:8,
55:19, 198:2 188:14 143:18, 186:22, 129:17, 130:8 21:24, 22:23, 23:25,
biased [1] - 12:12 board [6] - 34:16, 191:17 buyers [8] - 124:24, 25:25, 26:3, 28:25,
big [5] - 19:19, 39:2, 35:3, 35:17, 37:4, Buell [5] - 174:18, 125:14, 125:18, 31:13, 32:9, 33:11,
128:16, 144:25, 178:10 175:4, 175:6, 175:8, 127:11, 128:2, 33:16, 33:19, 33:23,
151:17 Board [1] - 34:25 175:18 129:19, 129:22, 130:4 38:10, 38:13, 44:12,
bigger [1] - 83:25 Bob [1] - 121:19 bulk [1] - 5:25 buying [3] - 127:6, 44:24, 45:1, 45:5,
bike [1] - 22:9 book [2] - 169:20, bunch [2] - 48:1, 129:20 45:7, 45:9, 48:8,
Bill [1] - 20:22 173:13 70:22 buys [1] - 134:4 48:18, 48:23, 49:17,
billing [1] - 148:16 books [3] - 113:25, bungee [1] - 27:14 BY [37] - 72:21, 50:16, 51:1, 52:19,
billions [1] - 74:9 119:17, 149:12 burden [7] - 180:9, 83:22, 86:14, 89:14, 53:16, 53:21, 54:4,
bit [25] - 19:11, boss [1] - 162:21 182:1, 182:2, 182:11, 90:22, 91:16, 93:17, 54:5, 55:7, 55:10,
30:22, 33:18, 36:23, bottom [1] - 36:16 187:23, 194:15, 94:3, 94:9, 94:15, 55:18, 56:17, 56:18,
39:21, 40:9, 48:16, bought [4] - 134:6, 195:22 94:24, 96:15, 99:7, 56:21, 56:23, 56:25,
62:1, 62:23, 65:13, 156:22, 156:24, bus [1] - 31:25 99:14, 107:20, 108:1, 57:1, 57:7, 57:12,
73:4, 78:22, 84:4, 156:25 Business [1] - 108:14, 110:18, 57:14, 57:20, 57:24,
85:17, 86:15, 93:14, box [7] - 11:2, 11:9, 122:21 111:18, 113:2, 115:1, 59:10, 60:23, 61:18,
93:15, 103:23, 15:1, 15:3, 16:8, business [80] - 115:7, 115:18, 62:3, 64:11, 65:6,
134:17, 145:9, 146:1, 16:17, 44:13 23:11, 40:9, 40:14, 117:21, 120:2, 67:22, 68:25, 71:24,
146:7, 164:4, 179:16, Box [1] - 2:6 40:22, 40:23, 60:10, 122:16, 130:18, 74:13, 82:17, 82:19,
188:14 Boy [1] - 20:12 60:16, 60:18, 60:25, 132:4, 135:9, 141:13, 82:22, 85:8, 91:9,
black [1] - 87:13 boys [1] - 189:15 62:6, 62:9, 62:11, 143:17, 147:22, 95:8, 95:15, 95:21,
blog [73] - 7:25, 10:6, brain [1] - 123:25 62:19, 62:21, 63:1, 155:18, 158:8, 159:2, 98:3, 105:1, 121:1,
10:8, 33:22, 36:8, branch [1] - 35:19 63:2, 63:11, 63:15, 160:4, 161:2 124:5, 124:14,
45:5, 50:12, 50:14, brand [1] - 40:11 63:16, 64:11, 67:20, 124:21, 127:2, 129:6,
53:18, 57:3, 61:8, brand-new [1] - 73:1, 73:8, 73:17, C 132:22, 137:14,
66:6, 69:1, 69:2, 40:11 73:22, 74:7, 74:15, 148:15, 148:25,
70:23, 71:1, 71:25, breach [1] - 113:5 74:17, 74:18, 74:22, 149:25, 151:24,
calculated [1] - 154:3, 157:22,
87:15, 89:5, 90:23, break [1] - 44:21 74:23, 75:20, 77:14, 134:2 158:16, 167:8, 178:4,
91:17, 91:19, 92:15, brewing [1] - 30:13 78:11, 79:21, 87:20, camp [1] - 26:11 185:7, 185:19,
92:25, 93:11, 93:18, Brian [1] - 139:21 87:22, 87:23, 88:11,
Campbell [4] - 16:3, 187:10, 188:1, 191:4,
94:20, 107:21, 109:3, bridge [1] - 5:2 88:13, 88:18, 88:19,
26:6, 43:3, 44:4 191:7, 192:15,
109:10, 110:9, brief [5] - 14:8, 92:21, 93:2, 93:4,
candidly [2] - 156:3, 194:20, 194:22,
110:14, 111:4, 45:22, 53:15, 194:7, 93:5, 93:8, 93:11,
156:5 195:3, 195:5, 195:7,
119:16, 119:18, 194:8 93:21, 99:18, 107:9,
cannot [7] - 6:9, 196:3, 196:11,
130:21, 130:23, briefed [1] - 182:13 107:10, 109:24,
38:12, 39:1, 55:1, 197:14, 197:16,
141:14, 142:10, briefly [2] - 18:21, 112:16, 124:25,
58:22, 58:23 198:2, 198:16,
156:4, 156:10, 157:5, 19:12 125:2, 127:1, 129:9,
capability [1] - 186:2
5
200:25, 202:17, challenging [1] - 123:10, 123:12 30:3 154:25, 162:9
203:10, 205:6, 207:5, 11:13 clear [12] - 6:9, 7:4, Clinical [1] - 26:21 committing [1] -
208:18 chance [4] - 43:16, 47:17, 49:5, 49:8, clipping [1] - 185:20 188:22
cases [10] - 14:5, 66:20, 67:2, 152:5 49:15, 49:24, 52:2, close [2] - 58:7, common [8] - 77:2,
17:18, 17:22, 41:12, change [3] - 145:21, 152:3, 180:7, 186:24, 204:25 87:17, 93:20, 126:1,
88:16, 95:7, 149:21, 201:5, 201:11 188:2 closely [2] - 85:13, 126:9, 126:11,
176:13, 177:5 changes [1] - 145:23 clearer [1] - 49:16 154:24 126:18, 147:9
cash [1] - 81:12 Chapter [4] - 97:15, clearly [2] - 58:22, closer [1] - 126:17 communicate [7] -
category [12] - 106:15, 118:15, 139:8 167:20 Closing [1] - 193:10 54:3, 56:24, 58:25,
125:5, 126:24, 127:3, chapter [1] - 35:18 CLERK [43] - 3:3, closing [9] - 14:5, 59:2, 202:10, 202:13,
127:4, 127:5, 127:9, charging [1] - 124:8 11:1, 14:20, 15:6, 53:25, 59:13, 183:5, 202:16
127:11, 128:5, charitable [1] - 34:16 15:10, 15:13, 15:24, 183:10, 184:19, communicated [3] -
128:15, 129:6, chart [1] - 135:7 16:10, 16:21, 44:16, 184:25, 185:6, 196:21 199:3, 199:5, 199:6
129:13, 129:20 chat [2] - 37:9, 57:3 72:13, 72:15, 72:17, Club [4] - 22:8, 28:2, communicating [3] -
caused [14] - 67:14, check [4] - 20:8, 98:12, 98:20, 98:24, 34:25 40:14, 57:6, 57:8
67:16, 87:21, 91:4, 142:22, 164:24, 184:1 99:3, 114:22, 114:24, clubs [8] - 23:13, communication [10]
91:6, 93:19, 119:17, chewing [1] - 127:6 115:17, 121:14, 23:21, 24:12, 24:25, - 57:5, 180:12,
119:18, 119:19, children [2] - 29:6, 121:21, 122:6, 122:9, 25:22, 26:10, 28:12, 198:17, 198:21,
181:5, 191:16, 39:4 122:11, 131:13, 29:8 199:7, 199:9, 199:11,
191:19, 192:1, 193:8 China [1] - 27:24 131:21, 131:24, Coast [1] - 75:9 199:17, 199:19,
causes [1] - 162:13 chip [1] - 161:8 132:1, 143:4, 143:11, coast [1] - 27:8 199:20
causing [1] - 192:23 choice [1] - 128:4 143:14, 165:12, Code [1] - 134:20 Communications [1]
cease [13] - 9:17, choose [1] - 128:16 181:11, 181:13, code [14] - 63:8, - 25:15
10:5, 46:11, 46:20, 184:5, 184:7, 184:10, 63:10, 63:14, 65:21, communications [1]
Christmas [4] -
47:25, 49:9, 169:14, 184:11, 204:7, 205:9, 65:22, 67:4, 69:4, - 198:24
156:6, 186:14, 186:15
169:16, 170:2, 173:4, 205:25, 208:10 78:15, 79:1, 107:2, Community [2] -
church [3] - 20:1,
173:14, 176:2, 176:21 clerk [2] - 10:24, 111:6, 134:19, 137:8 21:15, 21:16
21:2, 25:12
cell [1] - 205:3 184:1 collector [1] - 28:22 community [7] -
circumstances [1] -
census [1] - 126:12 click [2] - 178:19, college [11] - 19:25, 60:3, 60:6, 62:8,
191:13
center [4] - 28:23, 185:23 20:24, 21:2, 24:11, 62:13, 62:14, 67:18,
circumstantial [2] -
61:16, 177:12, 178:17 clicks [1] - 186:7 25:20, 26:8, 26:9, 147:7
54:10, 54:15
Central [2] - 79:12, client [26] - 61:23, 26:19, 28:11, 28:21, community's [1] -
Circumstantial [1] -
80:6 76:12, 76:13, 79:23, 29:7 198:19
54:12
Certain [1] - 196:8 79:24, 92:23, 92:24, College [4] - 21:15, commuting [1] -
CIS [2] - 21:14, 22:2
certain [7] - 4:14, 93:1, 93:2, 100:22, 21:16, 29:18, 122:20 31:25
city [1] - 178:10
37:21, 43:20, 56:9, 111:11, 111:25, collusion [1] - 66:10 companies [7] -
City [2] - 22:8, 34:25
95:17, 119:19, 132:23 112:11, 112:15, Colorado [1] - 73:25 60:8, 154:8, 154:9,
civil [14] - 17:17,
certainly [4] - 71:12, 113:8, 113:14, comfortable [2] - 154:11, 156:18,
17:22, 20:15, 20:16,
108:5, 168:18, 181:4 113:19, 130:20, 145:7 189:25
21:6, 24:1, 24:3, 27:9,
Certainly [3] - 6:16, 148:4, 150:3, 154:21, coming [2] - 15:8, company [55] -
27:11, 30:5, 30:10,
32:25, 142:24 187:14, 187:16, 64:9 22:20, 23:12, 28:20,
30:14, 30:16, 30:18
certificates [1] - 190:11 comment [5] - 36:16, 60:1, 64:20, 65:2,
Civil [2] - 17:22,
100:12 client's [3] - 153:6, 36:17, 36:18, 124:23, 73:24, 74:3, 74:5,
35:18
certified [2] - 132:14, 191:7, 194:16 125:3 74:9, 80:17, 80:19,
claim [10] - 46:25,
210:8 clients [30] - 33:9, commentary [1] - 85:1, 94:5, 94:11,
47:1, 180:5, 181:19,
certify [1] - 210:3 59:21, 59:22, 59:25, 57:20 95:4, 107:5, 109:24,
181:25, 195:22,
chain [1] - 144:24 61:18, 61:22, 63:19, comments [2] - 113:23, 114:4, 114:6,
195:24, 199:1,
chair [2] - 15:11, 66:19, 67:23, 75:21, 115:2, 115:19,
199:15, 200:2 124:15, 156:13
35:7 76:8, 76:9, 76:10, 115:23, 118:3, 118:4,
claimed [1] - 172:13 commercial [2] -
chaired [1] - 34:24 76:20, 79:17, 79:22, 120:15, 120:22,
claiming [2] - 7:23, 28:20, 73:23
chairs [1] - 16:9 147:3, 186:8, 187:3, 148:17, 149:12,
186:13 Commission [1] -
challenge [6] - 187:16, 187:23, 150:17, 152:1,
claims [5] - 25:4, 156:12
11:15, 13:10, 13:11, 188:12, 188:17, 152:24, 153:4, 153:5,
74:9, 81:11, 83:11, commission [1] -
189:6, 190:24, 153:10, 153:11,
13:12, 13:18, 43:18 102:21 97:17
192:22, 193:4, 193:6, 153:12, 153:13,
challenges [18] - clarify [4] - 120:12, commit [1] - 84:15
197:2 153:14, 153:15,
12:11, 12:13, 12:15, 168:3, 168:24, 172:23 committed [5] -
12:20, 12:21, 12:22, clients' [4] - 60:25, 153:16, 153:17,
clarity [1] - 109:22 142:1, 142:5, 142:7,
67:17, 186:8, 190:4 153:18, 153:24,
12:25, 13:2, 13:16, class [3] - 123:12, 163:7, 171:1
42:24, 43:12, 43:13, climbing [1] - 28:3 154:15, 154:16,
123:13, 123:15 committee [6] - 35:9,
43:17, 43:24, 43:25 Cline [2] - 16:10, 154:19, 155:5,
classes [3] - 123:8, 81:18, 81:20, 113:13,
6
156:23, 161:9, 127:17, 162:7 186:21 117:5, 117:6, 117:13, 172:16, 173:17,
178:11, 198:24 conducted [1] - consulted [1] - 118:5, 118:9, 118:12, 205:19
compare [3] - 82:9, 10:21 146:17 118:18, 118:20, correct [29] - 6:3,
125:24, 128:19 conference [2] - consulting [2] - 30:7, 119:14, 120:4, 148:3, 6:14, 46:12, 50:3,
compelled [2] - 56:4, 56:13 57:21 148:6, 148:7, 148:11, 83:6, 104:11, 107:2,
59:23, 61:22 conferences [2] - consumer [5] - 68:8, 149:5, 149:7, 149:9, 107:3, 107:5, 120:16,
compensate [5] - 56:7, 56:12 70:10, 71:11, 123:9, 149:19, 154:20, 155:3 120:17, 120:20,
38:4, 67:23, 192:25, confirm [2] - 104:23, 123:14 contracts [1] - 187:4 121:1, 121:2, 121:5,
193:6, 193:7 155:7 Consumer [1] - contractual [6] - 124:6, 137:5, 138:20,
compensation [5] - confirmed [6] - 124:3 112:18, 113:4, 138:24, 138:25,
124:8, 190:25, 89:25, 90:1, 101:20, consumers [2] - 113:18, 114:8, 139:3, 140:14,
191:14, 192:10, 113:24, 137:12, 69:17, 71:19 117:17, 153:3 140:15, 149:10,
200:13 137:15 contact [8] - 57:16, contractually [1] - 151:23, 170:16,
Compensation [1] - confirms [1] - 120:13 76:11, 78:4, 110:8, 154:19 171:10, 173:1, 210:4
24:4 conflict [4] - 43:21, 110:10, 149:24, contradicted [2] - correctly [1] - 39:19
competence [1] - 95:11, 95:16, 195:21 149:25, 158:13 55:19, 198:3 Corruption [3] -
60:17 conflicts [1] - 116:5 contacted [2] - 79:3, contrary [5] - 86:1, 66:9, 84:5, 189:7
competent [5] - conformed [1] - 80:15 86:4, 87:17, 187:2, corruption [5] -
62:19, 67:18, 77:16, 210:7 contained [2] - 8:18, 194:12 66:11, 168:11,
146:22, 186:10 confusion [2] - 9:1 contrast [1] - 127:9 171:15, 178:9, 186:13
competitive [1] - 56:10, 153:25 contend [2] - 33:20, contribute [2] - 19:3, cost [6] - 103:2,
144:21 conjecture [1] - 53:16 135:23 103:4, 103:5, 147:4,
complaining [1] - 195:4 contentions [2] - contribution [1] - 160:8, 161:12
69:11 connected [2] - 45:6, 33:22, 53:18 136:1 counsel [11] - 3:2,
complaint [2] - 161:25 contentious [1] - control [7] - 52:23, 14:18, 22:14, 22:15,
89:20, 89:22 connection [9] - 157:1 54:19, 69:10, 167:1, 22:19, 46:7, 59:11,
complete [5] - 18:12, 61:2, 84:16, 100:24, context [3] - 46:21, 167:2, 167:19, 168:6 98:9, 162:10, 164:20,
18:14, 78:18, 81:20, 117:7, 124:13, 134:11, 151:24 controls [1] - 196:25 205:7
206:17 124:21, 132:23, continuation [2] - convene [1] - 3:2 count [1] - 55:25
completed [6] - 133:8, 142:1 82:21, 83:8 convenience [1] - countries [1] -
12:10, 18:1, 18:20, cons [1] - 117:22 continue [6] - 65:8, 201:15 168:16
56:17, 161:20, 201:24 conscientious [1] - 152:6, 152:24, conveniently [1] - County [7] - 20:13,
completely [2] - 201:10 170:19, 179:19, 106:22 25:23, 27:9, 28:5,
87:18, 186:25 consequence [2] - 202:20 conversation [4] - 28:25, 161:6, 161:7
complex [5] - 60:9, 127:8, 127:10 continued [3] - 37:1, 37:5, 150:4, couple [9] - 16:8,
62:11, 75:10, 82:6, consider [11] - 79:21, 79:22, 80:1 161:3 40:13, 77:9, 134:7,
146:5 18:17, 53:20, 54:9, continuing [27] - conversations [1] - 141:23, 149:22,
complicated [3] - 54:15, 55:8, 57:18, 83:22, 86:14, 89:14, 31:18 164:23, 165:1, 186:1
40:5, 60:19, 145:21 173:25, 196:2, 196:6, 91:16, 93:17, 94:3, conversely [1] - course [7] - 56:11,
computer [1] - 105:5 196:8, 200:6 94:9, 94:15, 94:24, 177:23 56:22, 105:16,
Computer [1] - 22:3 considered [4] - 96:15, 99:14, 108:1, convinced [1] - 146:12, 146:18,
concept [2] - 80:1, 36:21, 195:19, 197:8, 108:14, 110:18, 191:10 165:25, 201:9
134:10 201:2 111:18, 113:2, 115:1, cook [1] - 26:22 courses [1] - 123:4
concern [7] - 4:7, considering [6] - 115:7, 115:18, copies [7] - 181:10, COURT [266] - 1:1,
39:3, 51:23, 152:2, 4:25, 5:1, 55:14, 117:21, 135:9, 152:2, 181:12, 183:16, 1:17, 2:7, 3:6, 6:1,
152:6, 152:24, 191:19 127:16, 197:22, 155:18, 158:8, 159:2, 183:18, 183:19, 6:12, 6:16, 6:23, 7:20,
concerned [5] - 198:14 160:4, 205:13 187:12, 203:3 7:22, 8:2, 8:5, 8:11,
52:10, 128:9, 128:10, consist [1] - 53:6 continuous [1] - copy [6] - 19:8, 46:3, 8:14, 8:25, 9:9, 9:22,
163:7, 163:14 consistent [3] - 147:13 164:15, 183:18, 10:2, 10:10, 10:13,
concerning [1] - 106:12, 138:1, 138:6 contract [49] - 69:23, 203:4, 209:2 10:16, 10:20, 10:24,
202:16 consists [1] - 196:3 96:3, 96:6, 96:7, 96:8, cords [1] - 27:14 11:2, 14:11, 14:13,
conclude [1] - 181:4 conspiracy [1] - 96:25, 97:4, 97:6, Cornelius [2] - 14:16, 14:21, 15:7,
concluded [2] - 66:11 97:7, 97:9, 109:13, 15:24, 28:7 15:11, 15:22, 16:7,
101:18, 209:12 constitutional [1] - 111:9, 111:23, cornerstones [1] - 16:11, 16:22, 17:11,
conclusion [1] - 182:10 111:24, 112:12, 147:2 17:15, 19:18, 20:4,
181:6 construction [1] - 112:18, 113:5, corollary [1] - 6:7 20:7, 20:14, 20:17,
conclusions [1] - 73:23 114:13, 114:15, corporate [2] - 20:20, 21:7, 21:10,
101:16 consult [2] - 58:6, 115:21, 115:23, 123:23, 198:23 21:23, 22:1, 22:4,
conduct [5] - 56:14, 202:18 115:25, 116:1, 116:7, Correct [7] - 80:15, 22:12, 22:17, 22:22,
126:4, 126:14, 116:8, 116:17, 117:4, 81:6, 83:7, 83:10, 23:1, 23:8, 23:16,
consultancy [1] -
7
23:24, 24:2, 24:5, 179:14, 180:2, 180:6, 5:22, 11:7, 44:9, 163:21, 164:5, 26:4
24:15, 24:18, 25:5, 181:2, 181:12, 45:10, 45:20, 52:16, 164:15, 165:2, criminal [10] - 17:18,
25:14, 25:16, 25:24, 181:15, 182:16, 56:5, 98:5, 164:1, 165:17, 165:18, 17:19, 20:15, 21:25,
26:3, 26:5, 26:13, 182:18, 182:24, 164:3, 165:13, 180:1, 168:1, 169:3, 169:11, 27:10, 28:25, 29:23,
26:25, 27:11, 27:15, 183:3, 183:11, 185:3, 193:3, 202:1, 170:7, 171:20, 30:14, 152:4
27:18, 28:6, 28:16, 183:13, 183:16, 204:15, 205:11, 173:23, 175:23, criminally [2] -
29:1, 29:11, 29:24, 183:22, 183:25, 206:20 179:11, 182:20, 83:13, 88:5
30:2, 30:16, 30:20, 184:8, 184:12, courts [3] - 66:12, 184:8, 184:23, criteria [5] - 125:21,
31:7, 31:12, 31:17, 184:15, 184:18, 173:11, 190:15 185:25, 186:12, 125:24, 126:1, 128:7,
31:21, 32:1, 32:3, 184:22, 185:4, 188:8, covers [1] - 137:9 187:2, 187:13, 128:18
32:7, 32:11, 32:17, 193:10, 194:6, COX [102] - 1:6, 6:4, 188:10, 188:16, critical [4] - 60:6,
32:23, 33:2, 33:6, 194:19, 204:8, 6:15, 6:17, 7:19, 7:21, 188:23, 190:5, 60:18, 62:20, 186:10
33:10, 33:13, 33:18, 204:11, 204:16, 7:23, 8:4, 10:4, 10:19, 190:19, 192:15, cross [4] - 4:19, 5:2,
34:8, 34:11, 34:13, 204:21, 204:23, 10:23, 14:10, 14:12, 193:1, 193:8, 193:10, 59:9, 59:11
35:2, 35:5, 35:16, 205:10, 205:12, 17:14, 33:17, 41:5, 203:14, 203:23, Cross [5] - 90:19,
35:21, 36:13, 36:15, 205:20, 205:23, 41:12, 41:18, 41:21, 205:14, 206:4, 206:9, 107:17, 130:15,
36:22, 37:8, 37:10, 206:1, 206:16, 42:2, 42:5, 42:8, 208:3, 208:7 141:9, 147:19
37:13, 37:22, 38:1, 206:21, 206:24, 42:11, 42:13, 42:16, Cox's [15] - 4:3, 4:13, CROSS [5] - 90:21,
39:7, 39:11, 39:17, 207:2, 207:9, 207:19, 42:19, 42:22, 43:15, 45:25, 51:25, 66:2, 107:19, 130:17,
41:3, 41:23, 42:4, 208:5, 208:7, 208:9, 43:20, 50:9, 50:11, 86:11, 87:15, 87:19, 141:12, 147:21
42:15, 42:24, 43:3, 208:13, 208:23, 50:19, 50:25, 51:7, 88:22, 89:23, 105:21, CROSS-
43:7, 43:11, 43:13, 209:5, 209:8 51:13, 51:17, 68:4, 130:5, 141:5, 141:25, EXAMINATION [5] -
43:16, 43:23, 44:1, court [45] - 6:24, 86:2, 89:5, 90:12, 192:1 90:21, 107:19,
44:10, 44:17, 45:21, 7:25, 12:13, 16:14, 90:16, 90:22, 91:16, CPA [8] - 33:5, 33:6, 130:17, 141:12,
45:23, 46:6, 46:9, 20:11, 20:13, 21:5, 93:17, 94:3, 94:9, 33:7, 33:8, 68:14, 147:21
46:23, 47:22, 48:17, 22:10, 23:14, 24:14, 94:15, 94:19, 94:24, 100:13, 118:18, 132:8 cross-examine [2] -
49:4, 49:13, 50:3, 25:4, 25:13, 26:12, 96:12, 96:15, 97:19, create [1] - 38:21 59:9, 59:11
50:10, 50:16, 50:23, 27:10, 28:15, 28:24, 107:20, 107:24, created [2] - 68:20, Cross-examine [5] -
51:3, 51:10, 51:15, 29:10, 29:22, 51:1, 108:1, 108:6, 108:8, 186:2 90:19, 107:17,
51:19, 52:12, 52:17, 54:2, 54:6, 56:19, 108:14, 110:18, credit [3] - 145:14, 130:15, 141:9, 147:19
68:2, 72:3, 72:6, 65:1, 81:4, 82:16, 111:18, 113:2, 145:15, 145:16 CRR [2] - 2:7, 210:12
72:18, 86:3, 89:7, 86:18, 95:13, 109:17, 114:12, 114:15, creditor [1] - 104:4 crying [1] - 69:5
89:10, 90:11, 90:13, 109:19, 121:4, 114:20, 115:1, 115:7, creditors [43] - CRYSTAL [1] - 1:6
90:15, 90:17, 90:19, 137:13, 152:16, 115:13, 115:18, 64:12, 64:22, 65:9, Crystal [17] - 2:5,
93:13, 93:25, 94:7, 155:9, 155:12, 157:8, 117:20, 117:21, 69:11, 73:17, 74:8, 14:24, 16:25, 17:14,
94:13, 94:17, 96:11, 171:14, 178:9, 119:22, 121:10, 81:17, 81:18, 81:22, 141:25, 165:18,
97:20, 97:22, 98:6, 190:11, 190:12, 130:18, 131:1, 81:23, 83:3, 83:4, 168:1, 169:3, 169:11,
98:10, 99:4, 107:17, 197:13, 200:20, 141:10, 141:13, 95:20, 95:21, 102:16, 170:7, 171:20,
108:4, 110:16, 202:3, 202:17 142:11, 142:14, 102:17, 102:21, 173:23, 175:23,
111:15, 112:23, Court [32] - 3:2, 3:15, 147:22, 155:18, 104:7, 104:19, 203:14, 203:23,
114:14, 114:17, 7:4, 14:18, 45:22, 158:8, 158:22, 159:2, 113:12, 135:22, 206:4, 206:9
114:21, 114:23, 46:4, 46:7, 46:25, 160:4, 160:21, 164:8, 135:23, 135:25, CSR [3] - 2:7,
115:4, 115:9, 115:14, 57:16, 58:25, 81:17, 179:2, 179:13, 136:4, 136:9, 136:16, 210:12, 210:13
117:18, 119:23, 86:18, 90:2, 95:15, 182:22, 183:2, 183:7, 136:19, 136:21, current [4] - 27:22,
121:8, 121:11, 95:25, 98:8, 121:12, 184:17, 185:2, 188:7, 136:24, 149:14, 74:15, 132:17, 166:22
121:15, 121:20, 154:24, 155:2, 162:8, 193:12, 204:22, 153:5, 153:18, customer [5] -
130:15, 131:2, 131:4, 162:9, 164:20, 207:1, 208:4, 208:8, 153:21, 153:22, 130:21, 156:13,
131:7, 131:10, 135:8, 182:13, 199:22, 208:22, 209:3, 209:7 153:23, 154:25, 163:10, 163:11,
141:9, 142:15, 199:24, 202:2, 203:8, Cox [75] - 2:5, 3:4, 162:9, 175:7, 175:10, 194:14
142:17, 142:21, 204:17, 205:7, 207:7, 3:11, 3:18, 5:5, 6:1, 175:14 customers [3] -
142:24, 143:3, 208:2, 210:13 6:3, 6:9, 6:12, 9:18, creditors' [7] - 96:20, 79:17, 79:18, 150:20
147:19, 155:17, Court's [8] - 3:12, 10:2, 10:16, 14:24, 96:22, 96:23, 96:24, CV-11-57-HA [1] -
158:7, 158:24, 6:8, 7:7, 9:15, 49:6, 16:25, 17:12, 17:14, 97:3, 153:15, 175:15 1:4
159:25, 160:22, 49:8, 197:5, 209:2 33:14, 41:4, 43:13, credits [6] - 144:18, cyberspace [1] -
163:18, 163:23, court-supervised [1] 45:23, 46:3, 60:23, 145:10, 145:18, 162:18
164:4, 164:9, 164:13, - 152:16 61:6, 61:12, 61:13, 155:15, 155:21,
164:16, 164:18, courthouse [1] - 66:7, 66:15, 66:21, 161:13
164:22, 165:7, 62:7 67:8, 67:14, 67:22, crime [4] - 61:1,
D
165:10, 165:14, Courthouse [1] - 2:8 68:3, 83:19, 85:24, 66:11, 88:5, 88:9
178:25, 179:3, 179:6, courtroom [18] - 121:9, 124:16, Criminal [2] - 26:3, Dale [1] - 72:15
179:9, 179:11, 132:24, 133:19,
8
DALE [2] - 72:8, 189:5, 207:16, 102:12, 102:15, 193:10 164:12, 164:25,
72:15 207:24, 208:1 102:17, 104:3, defenses [1] - 4:4 165:17, 178:23
damage [15] - 67:17, dba [1] - 109:23 135:17, 135:22, defer [1] - 78:16 depositions [1] -
67:24, 77:13, 77:14, deal [7] - 39:7, 52:14, 135:23, 136:1, 136:8, deferred [22] - 65:18, 7:25
87:21, 93:10, 93:19, 60:13, 67:17, 127:12, 140:2 85:9, 85:20, 95:11, derogatory [6] -
119:19, 163:16, 192:7, 208:14 defamation [18] - 104:9, 105:9, 106:8, 69:20, 94:10, 95:3,
181:5, 187:7, 191:2, dealing [1] - 198:20 7:9, 22:23, 23:4, 106:16, 106:22, 110:2, 155:24, 156:19
191:16, 191:24, deals [3] - 60:10, 33:19, 48:8, 48:18, 133:25, 134:11, describe [19] - 39:25,
191:25 62:11, 67:20 50:16, 50:24, 53:16, 134:15, 135:3, 136:7, 73:14, 73:19, 74:19,
damaged [6] - 60:22, dealt [1] - 88:2 180:5, 181:19, 136:14, 136:16, 76:9, 77:25, 81:7,
61:23, 180:12, dean [1] - 21:17 181:25, 191:4, 137:1, 138:18, 139:9, 84:8, 84:21, 88:10,
199:11, 200:3 Deane [3] - 15:10, 198:23, 203:16, 140:14, 140:23, 99:20, 101:18,
damages [25] - 20:23, 42:14 203:24, 206:5, 206:10 140:25 123:20, 134:17,
30:18, 38:4, 48:8, debt [4] - 116:19, Defamation [1] - deferring [1] - 135:15, 143:25,
67:24, 70:20, 81:25, 116:20, 117:24, 118:6 198:17 105:10 144:5, 146:1, 161:4
119:17, 181:1, debtor [3] - 117:23, defamatory [29] - defies [1] - 87:17 described [2] -
190:18, 190:20, 118:2, 150:8 33:21, 47:3, 48:19, definition [3] - 38:24, 138:2, 141:24
191:5, 191:11, deceased [1] - 28:18 53:17, 60:24, 62:5, 138:15 deserves [1] -
192:23, 193:8, December [25] - 170:20, 170:24, defrauding [1] - 198:14
193:19, 199:23, 10:8, 10:9, 70:12, 174:2, 180:10, 67:13 designated [1] - 46:2
200:4, 200:6, 200:15, 83:20, 90:24, 91:5, 180:12, 180:25, degree [6] - 23:20, designations [1] -
200:16, 203:21, 92:11, 109:5, 111:1, 185:13, 186:3, 25:14, 30:9, 73:6, 164:12
203:25, 206:7, 206:11 111:2, 157:18, 187:19, 188:1, 99:17, 132:14 desist [13] - 9:17,
damaging [1] - 190:4 157:21, 158:18, 188:17, 188:18, degrees [3] - 21:18, 10:5, 46:11, 46:20,
dances [1] - 29:21 159:6, 159:10, 160:7, 188:20, 188:21, 27:25, 73:8 47:25, 49:9, 169:14,
dangers [1] - 185:18 166:4, 166:5, 166:13, 192:11, 193:21, deliberate [3] - 169:16, 170:3, 173:4,
data [1] - 126:12 169:17, 170:15, 194:4, 198:21, 200:23, 203:1, 204:4 173:15, 176:2, 176:21
database [1] - 119:5 171:23, 172:12, 198:24, 199:6, deliberation [1] - desk [1] - 22:7
date [19] - 64:19, 188:11, 189:4 199:10, 199:17, 57:7 despite [2] - 186:16,
70:11, 81:21, 82:3, deception [1] - 199:18 deliberations [15] - 194:10
82:11, 85:6, 92:8, 123:15 defame [3] - 155:21, 14:7, 44:25, 52:23, detail [5] - 44:21,
95:17, 136:12, 140:4, Decide [1] - 54:5 185:24 56:17, 58:11, 58:21, 67:8, 71:19, 90:6,
157:21, 158:15, decide [21] - 12:16, defamed [3] - 59:16, 195:1, 200:19, 133:6
159:24, 166:22, 18:22, 45:9, 52:24, 192:22, 199:1, 199:19 200:21, 201:21, detailed [2] - 52:22,
189:3, 189:4, 201:23, 53:1, 54:17, 55:11, Defendant [9] - 1:7, 202:9, 202:20, 149:16
204:1, 204:2 56:8, 56:15, 56:18, 33:22, 53:18, 141:24, 204:12, 204:24 details [1] - 23:4
DATE [1] - 210:12 88:3, 191:13, 192:9, 196:11, 203:14, deliver [2] - 128:10, deter [1] - 198:19
dates [3] - 111:3, 195:3, 195:5, 195:13, 203:23, 206:4, 206:9 128:11 determination [1] -
117:8, 160:7 197:14, 197:17, defendant [26] - deliverables [1] - 199:15
daughter [3] - 27:5, 200:2, 200:25, 202:8 5:20, 7:2, 17:12, 148:18 determine [2] - 18:5,
94:20, 94:22 decided [3] - 3:17, 17:20, 33:20, 34:4, delivers [1] - 125:15 105:8
daughters [3] - 4:8, 74:17 53:16, 59:9, 59:10, Deloitte [2] - 100:4, determining [1] -
24:24, 25:3, 29:14 deciding [7] - 53:20, 59:13, 60:23, 91:17, 100:6 200:5
David [14] - 2:2, 17:4, 55:7, 55:10, 58:14, 94:4, 110:10, 132:24, demise [1] - 63:2 develop [1] - 145:4
32:21, 32:23, 32:25, 196:2, 196:9, 197:16 133:6, 157:6, 158:9, demonstrative [2] - developed [1] -
60:12, 62:12, 73:1, decision [14] - 45:13, 180:16, 182:11, 135:7, 135:10 62:10
74:15, 75:3, 143:1, 45:14, 58:4, 76:17, 196:17, 199:1, 199:3, denied [7] - 70:6, developers [1] -
143:13, 189:14, 77:9, 123:22, 123:24, 199:4, 199:5, 199:7 70:7, 160:18, 173:11, 40:15
191:17 125:19, 128:18, DEFENDANT [1] - 181:2, 181:7, 194:2 developing [3] -
DAVID [1] - 143:6 160:14, 195:19, 2:5 denies [2] - 33:22, 40:11, 60:3, 144:13
Davis [3] - 15:19, 195:25, 201:7, 201:11 Defendant's [1] - 53:18 development [1] -
24:7, 41:22 decisions [2] - 199:12 deny [3] - 97:16, 73:23
day-to-day [1] - 158:2, 160:8 defendant's [4] - 8:7, 97:18, 155:14 devices [2] - 45:3,
146:16 declaration [8] - 110:5, 199:10, 199:13 department [3] - 45:4
days [18] - 28:23, 157:15, 158:16, Defense [1] - 179:14 27:3, 73:11, 122:20 Diagnostics [1] -
63:11, 70:19, 78:22, 158:20, 158:22, defense [13] - 4:9, Department [5] - 26:18
80:15, 149:22, 150:6, 159:5, 159:8, 159:12, 4:11, 5:12, 50:11, 68:24, 71:14, 71:18, dictionaries [1] -
155:10, 155:11, 159:14 50:15, 50:17, 50:18, 87:9, 140:16 57:21
159:21, 172:19, Dedicated [1] - 66:10 50:23, 68:2, 68:11, deposition [8] - 4:24, differ [1] - 196:24
172:24, 188:11, deemed [10] - 180:16, 182:12, 46:1, 50:25, 163:20, difference [2] -
9
91:21, 109:20 discussed [7] - 42:19, 67:23, 75:9, 56:22, 194:20, eliminated [1] -
different [20] - 9:2, 49:15, 141:4, 148:7, 76:1, 87:16, 123:17, 194:21, 197:2, 136:8
17:22, 24:19, 36:23, 155:3, 155:19, 123:24, 133:7, 199:22, 208:18 embarrass [1] - 18:5
38:25, 41:15, 51:11, 184:13, 201:2 137:25, 145:2, embarrassed [1] -
73:24, 74:11, 74:21, discussing [1] - 57:1 150:10, 150:11, E 43:8
74:24, 120:10, discussion [3] - 177:1, 177:10, 185:5, emotionally [1] -
145:20, 164:11, 49:15, 49:19, 201:6 189:15, 195:11, 202:6 69:18
168:12, 168:16, door [4] - 47:10, e-mail [9] - 57:2,
dislikes [1] - 194:24 emotions [1] -
176:25, 182:14, 49:22, 201:25, 206:17 78:3, 92:8, 173:6,
dismissed [1] - 28:5 123:24
192:16 doors [2] - 48:11, 176:6, 188:25,
disposition [1] - emphasis [2] -
differently [1] - 207:9 189:13, 189:14,
139:18 99:18, 144:10
79:14 double [1] - 20:8 193:16
dispute [1] - 7:11 employ [2] - 62:8,
difficult [6] - 126:25, e-mails [2] - 92:6,
disregard [4] - double-check [1] - 191:9
128:4, 128:24, 193:14
53:23, 55:6, 55:9, 20:8 employed [7] -
129:16, 129:19, 151:3 Earl [3] - 15:21,
197:7 doubt [1] - 17:21 24:24, 72:22, 99:8,
difficulty [1] - 13:6 28:17, 44:2
distinction [2] - down [36] - 11:9, 122:18, 122:19,
digitally [1] - 210:7 earmarks [1] - 79:16
128:20, 181:24 19:10, 19:12, 19:21, 132:7, 143:19
diligence [2] - 76:19, 25:6, 47:23, 48:10, earn [1] - 145:17
distress [2] - 73:15, employees [4] -
76:22 63:25, 75:18, 91:15, earning [1] - 200:9
92:18 40:24, 75:14, 75:15,
dire [1] - 11:24 91:18, 91:20, 91:24, East [1] - 75:9
distressed [1] - 91:2
DIRECT [5] - 72:20, 92:7, 92:13, 97:22, Eastern [1] - 144:15
75:13 employer [2] - 57:9,
99:6, 122:15, 132:3, 107:10, 107:12, economically [1] - 57:11
distribute [1] - 83:12
143:16 121:8, 131:4, 139:16, 144:20
DISTRICT [3] - 1:1, empty [1] - 13:13
direct [5] - 54:10, 142:17, 161:6, economy [1] - 92:18
1:2, 1:17 encapsulated [1] -
54:15, 111:14, 163:18, 167:16, ed [1] - 21:1 3:19
District [3] - 2:8,
172:21, 204:23 167:19, 168:18, educated [3] - 26:10, end [15] - 11:14,
203:8
Direct [1] - 54:10 171:24, 172:6, 174:9, 26:19, 28:21 15:15, 38:17, 38:20,
district [2] - 21:1,
directed [2] - 180:5, 186:16, 188:19, education [5] - 44:25, 52:21, 56:17,
24:25
180:15 190:9, 192:5, 193:1 25:21, 28:21, 132:10, 56:23, 58:3, 63:22,
division [1] - 21:17
directly [3] - 86:1, downside [2] - 198:9, 198:14 67:21, 75:19, 78:23,
Division [1] - 203:9
87:17, 129:3 127:8, 127:10 educational [2] - 178:22, 188:4
divorce [1] - 34:13
Directly [1] - 86:4 dozens [1] - 176:6 29:20, 99:15 ended [2] - 120:24,
divorced [2] - 34:10,
director [4] - 20:25, draft [1] - 109:17 Educational [1] - 153:5
34:12
35:14, 99:23, 100:1 drafted [2] - 172:8, 73:6 ending [1] - 101:20
DJ [1] - 25:19
directors [1] - 181:16 effect [4] - 77:17, energy [5] - 144:13,
doctoral [2] - 123:8,
153:18 drive [1] - 105:5 129:21, 180:21, 144:20, 144:24,
123:12
disabled [1] - 28:9 drop [1] - 71:8 201:12 145:13, 145:24
document [2] -
disagree [1] - 207:21 dropped [1] - 88:19 effectively [1] - 83:8 engage [3] - 125:18,
82:17, 165:24
disappeared [1] - due [10] - 76:19, effectiveness [1] - 127:11, 128:2
documentation [2] -
138:21 76:22, 92:14, 95:16, 125:22 engaged [2] - 79:7,
92:14, 173:3
discharge [1] - 163:4 109:10, 130:11, efficient [2] - 82:22, 105:3
documented [9] -
discharged [1] - 158:17, 159:9, 126:7 engagement [16] -
6:18, 92:3, 93:18,
202:25 159:19, 160:19 effort [2] - 127:12, 62:24, 79:3, 88:11,
95:23, 95:25, 96:2,
disclosure [1] - dueling [1] - 204:8 187:5 88:12, 148:8, 148:10,
112:17, 157:25,
82:18 duly [7] - 72:10, eggs [1] - 26:1 148:12, 148:20,
160:17
discomfort [1] - 98:17, 122:3, 131:18, eight [7] - 11:15, 149:1, 149:3, 149:4,
documents [11] -
18:13 143:8, 203:12, 206:3 13:9, 13:20, 62:9, 149:16, 150:3, 150:7,
3:12, 3:13, 3:14, 4:1,
discontent [1] - During [1] - 64:24 75:15, 100:3, 143:23 150:8, 153:20
7:25, 53:7, 58:23,
156:16 during [20] - 11:24, either [13] - 33:24, engine [8] - 168:19,
71:6, 137:21, 160:20,
discover [2] - 79:5, 35:25, 51:24, 52:5, 34:4, 37:2, 49:19, 175:25, 176:3, 176:8,
192:19
154:18 53:10, 56:2, 56:22, 75:11, 77:15, 93:10, 176:13, 177:2, 177:6,
dog [2] - 27:8, 28:13
discovered [2] - 58:8, 58:20, 62:9, 118:16, 130:10, 189:23
dogs [2] - 20:2,
75:22, 106:6, 125:19, 138:24, 140:14, engineer [1] - 30:5
153:1, 176:10 28:14
158:1, 158:17, 165:8, 202:17 engineering [1] -
discovery [2] - 3:24, dollars [7] - 63:23,
159:20, 184:25, electronic [5] - 45:3, 30:10
176:13 74:9, 81:21, 107:14,
195:11, 195:14, 202:9 45:4, 57:2, 57:4, Engineers [1] -
discredit [2] - 162:2, 140:18, 192:5, 192:12
duties [5] - 52:20, 105:4 35:18
187:5 domain [3] - 175:3,
100:19, 110:19, elements [7] - 47:3, engines [3] - 177:8,
discrimination [1] - 175:14, 175:19
147:23, 163:5 47:6, 50:18, 180:13, 178:8, 190:8
21:9 done [22] - 4:15,
duty [7] - 52:24, 181:18, 199:14, 200:1 enjoy [3] - 23:21,
discuss [1] - 57:16 8:20, 12:19, 14:1,
10
24:12, 30:12 189:19, 189:20, 198:16, 200:15, 200:3 77:11, 82:8, 86:22,
enter [3] - 15:16, 193:22 201:2, 201:12, 202:4, Excuse [2] - 203:18, 99:21, 117:25, 126:9,
36:17, 36:18 estates [1] - 146:8 203:6, 208:24 203:19 127:3, 129:20,
entered [6] - 125:8, estimate [2] - Evidence [1] - 54:10 excused [9] - 11:13, 132:11, 144:1,
134:12, 148:23, 107:12, 107:14 exact [14] - 85:18, 13:4, 13:6, 18:21, 144:23, 147:6, 147:8,
149:2, 183:21 estimator [1] - 28:19 92:14, 92:15, 109:10, 44:5, 131:5, 131:7, 198:10, 198:15
entering [1] - 150:18 et [1] - 205:14 111:4, 117:8, 119:16, 142:18, 142:21 experienced [1] -
Enterprise [1] - ethically [1] - 119:13 119:18, 173:4, Exhibit [29] - 9:25, 186:21
25:18 ethics [2] - 89:20, 173:16, 174:7, 174:8, 10:1, 50:11, 66:5, expert [11] - 20:2,
enters [4] - 52:16, 89:22 176:22, 176:24 83:20, 84:2, 88:22, 29:22, 29:24, 67:3,
165:13, 185:3, 205:11 EthicsComplaint. Exactly [3] - 40:18, 90:3, 90:9, 90:14, 124:6, 124:15,
entire [3] - 22:17, com [5] - 89:9, 89:17, 108:8, 166:5 105:22, 115:13, 127:22, 127:25,
63:16, 185:25 91:22, 166:11, 166:16 exactly [9] - 65:11, 120:4, 133:18, 139:6, 132:23, 141:3, 186:20
entirely [2] - 195:13, Eureka [1] - 2:6 87:4, 92:9, 113:15, 165:20, 167:11, expertise [11] - 20:5,
202:7 evaluate [3] - 58:13, 114:17, 156:3, 183:4, 169:21, 170:2, 60:11, 61:3, 67:19,
entirety [1] - 91:8 126:2, 148:13 191:6, 194:9 171:10, 172:20, 70:15, 74:25, 75:4,
entities [4] - 80:9, evaluated [1] - 101:7 exam [1] - 23:7 172:24, 172:25, 75:5, 79:2, 125:12,
80:12, 102:8, 198:23 evening [1] - 58:17 EXAMINATION [12] - 173:13, 188:5, 139:14
entitled [10] - 31:12, event [2] - 5:24, 72:20, 90:21, 99:6, 188:25, 189:9 experts [7] - 65:6,
47:5, 190:24, 195:18, 191:15 107:19, 120:1, exhibit [26] - 4:15, 65:22, 70:16, 75:1,
200:12, 203:13, everywhere [1] - 122:15, 130:17, 5:10, 9:6, 46:10, 86:23, 86:24, 194:11
206:3, 207:14, 166:24 132:3, 141:12, 54:21, 54:25, 55:1, explain [7] - 52:2,
207:15, 207:20 evidence [113] - 143:16, 147:21, 161:1 66:4, 114:13, 114:18, 67:4, 84:18, 134:2,
entity [5] - 102:4, 3:18, 4:19, 6:2, 7:5, examine [7] - 59:9, 115:5, 115:11, 120:3, 162:23, 207:14,
102:6, 104:2, 104:13, 7:12, 8:9, 9:7, 9:16, 59:11, 90:19, 107:17, 121:9, 135:7, 173:12, 207:21
105:19 9:23, 14:4, 45:10, 130:15, 141:9, 147:19 184:8, 188:7, 188:24, explained [4] -
envelope [1] - 43:10 45:12, 46:12, 47:7, examined [5] - 193:16, 208:17, 67:13, 161:24, 162:7,
environmental [1] - 47:13, 47:18, 47:20, 72:10, 98:17, 122:3, 208:19, 208:20, 194:11
30:6 48:1, 50:4, 51:5, 131:18, 143:8 208:25, 209:5, 209:8 explaining [2] -
equal [2] - 54:16, 51:20, 52:7, 52:8, example [15] - 7:13, Exhibits [1] - 178:23 13:23, 207:13
195:1 52:25, 53:1, 53:6, 9:17, 75:25, 76:3, exhibits [32] - 4:11, explains [1] - 47:9
equally [1] - 195:10 53:8, 53:11, 53:13, 78:17, 79:23, 85:7, 4:12, 4:18, 5:4, 5:12, explanation [4] - 5:6,
equation [1] - 123:16 53:14, 53:19, 53:20, 89:15, 102:24, 103:2, 9:5, 9:8, 9:24, 10:11, 23:3, 40:2, 194:12
equestrian [2] - 54:1, 54:5, 54:6, 54:8, 103:15, 127:5, 129:2, 45:11, 53:8, 58:5, expose [1] - 171:15
28:11, 36:11 54:11, 54:13, 54:16, 134:25, 191:17 114:16, 165:1, 179:5, exposed [4] - 56:20,
equipment [1] - 54:18, 54:19, 54:20, examples [2] - 183:20, 183:22, 125:10, 130:4, 130:9
161:13 54:21, 54:23, 55:5, 92:22, 93:3 184:24, 188:3, exposing [1] - 66:10
error [1] - 56:10 55:7, 55:8, 55:19, excellence [1] - 60:4 193:14, 196:4, 196:7, extent [4] - 64:14,
55:21, 55:23, 55:25, except [2] - 196:17, 197:9, 203:6, 208:11, 104:8, 136:14, 138:17
escort [1] - 45:18
56:9, 56:10, 56:19, 202:13 208:15, 208:16, external [5] - 125:18,
escorted [1] - 204:11
57:17, 58:1, 58:4, exceptions [4] - 208:22, 208:24, 125:19, 127:20,
esoteric [1] - 26:17
59:5, 59:8, 59:10, 182:14, 204:18, 209:1, 209:2 128:1, 128:3
especially [2] -
59:12, 59:14, 66:6, 204:19, 204:21 exist [1] - 129:8 extortion [2] -
82:10, 146:8
90:10, 115:10, exchange [15] - 63:6, existed [1] - 9:11 190:14
essentially [3] -
121:12, 133:20, 63:13, 70:5, 78:18, existence [1] - 137:2 extra [1] - 16:8
85:4, 113:13, 153:6
164:4, 180:8, 180:18, 105:11, 106:7, existing [4] - 79:20, Extremely [1] -
Essentially [1] -
180:20, 183:21, 134:14, 134:16, 79:24, 88:1, 93:1 146:24
181:20
183:23, 184:25, 134:19, 134:21, exists [1] - 46:25 extremely [6] -
estate [36] - 24:8,
186:17, 187:1, 187:3, 134:22, 134:23, exit [1] - 206:17 18:15, 60:24, 126:11,
24:16, 24:20, 63:25,
191:2, 191:11, 135:1, 150:19, 152:12 expect [3] - 38:16, 127:18, 128:17,
65:3, 68:5, 68:8, 68:9,
68:12, 68:15, 68:21, 191:16, 192:18, exchangers [1] - 38:19, 154:18 129:18
70:9, 71:11, 79:12, 194:21, 195:5, 109:21 expectation [2] -
80:6, 80:7, 84:10, 195:21, 195:23, exchanges [7] - 127:15, 152:18 F
84:23, 101:25, 104:1, 195:24, 196:1, 196:2, 63:5, 64:14, 106:6, expects [2] - 59:6,
120:22, 135:14, 196:4, 196:7, 196:8, 134:13, 151:8, 148:18
196:13, 196:15, 151:14, 151:16 expensive [1] - face [1] - 31:19
135:16, 135:21,
196:20, 196:23, excluded [1] - 197:6 144:22 Facebook [2] -
136:3, 148:9, 150:19,
197:2, 197:4, 197:7, excuse [8] - 12:17, experience [21] - 36:20, 37:7
150:24, 150:25,
197:13, 197:14, 13:21, 21:13, 75:19, 37:20, 42:8, 60:13, fact [28] - 4:22, 7:9,
151:1, 151:13,
198:2, 198:4, 198:6, 144:6, 188:6, 199:5, 73:5, 76:18, 77:5, 38:20, 50:20, 51:1,
151:15, 174:16,
11
54:14, 55:23, 61:17, 108:2, 111:6, 111:7, 73:16, 82:17, 89:20, 148:24, 149:6, 149:8, 161:18, 199:10,
67:9, 67:11, 89:23, 111:9, 115:8, 115:22 89:22, 117:11, 152:8 149:13, 149:17, 207:24
105:8, 120:24, 121:3, familiarity [1] - filed [19] - 64:2, 149:18, 158:1, 160:8 fixture [1] - 28:20
125:10, 125:15, 144:23 69:12, 70:20, 70:21, financially [1] - flags [1] - 77:12
126:21, 127:19, families [1] - 71:16 80:13, 101:14, 117:3, 160:12 flat [1] - 187:8
130:8, 163:3, 175:3, family [4] - 29:21, 117:5, 137:22, 138:8, financing [2] - Fleet [1] - 25:19
180:20, 186:16, 43:7, 57:9, 57:10 149:20, 150:6, 157:8, 144:17, 161:16 flexible [1] - 39:8
194:10, 197:19, far [7] - 12:8, 25:3, 157:13, 157:22, fine [6] - 34:8, 36:22, flippant [2] - 69:20,
198:6, 198:17, 199:4 28:24, 38:10, 38:12, 159:10, 159:21, 50:2, 80:1, 135:8, 169:15
factor [1] - 10:7 96:13, 115:22 173:10, 207:16 182:16 Florida [1] - 23:20
factors [2] - 55:22, farm [3] - 156:7, files [3] - 105:5, finish [8] - 30:9, focus [3] - 144:6,
198:5 161:8, 161:10 139:13, 149:12 38:15, 38:17, 63:12, 144:7, 151:10
facts [16] - 17:16, favor [3] - 31:14, filing [5] - 73:16, 64:14, 151:14, focuses [2] - 123:21,
52:24, 53:1, 53:2, 48:24, 93:13 117:10, 149:23, 172:18, 179:19 151:20
53:8, 53:20, 54:4, favorable [1] - 181:3 150:9, 158:15 finished [2] - 12:4, follow [22] - 9:4,
54:14, 55:10, 69:16, FBI [1] - 71:14 filings [2] - 69:14, 38:17 12:5, 12:8, 16:13,
194:21, 196:4, 196:9, feature [1] - 57:4 137:13 finishing [1] - 38:21 18:2, 30:25, 37:11,
196:24, 197:16 February [3] - 40:13, fill [1] - 11:9 firm [25] - 17:10, 39:13, 40:1, 40:20,
factual [2] - 7:6, 100:8, 119:11 filling [1] - 13:13 22:20, 31:20, 76:25, 41:4, 53:4, 53:14,
130:23 federal [11] - 20:10, finally [2] - 70:25, 77:1, 77:3, 77:6, 89:13, 103:22, 138:4,
faculty [1] - 21:14 81:4, 83:17, 87:7, 163:12 77:10, 86:23, 88:8, 145:17, 183:9,
failed [2] - 76:5, 94:23, 95:13, 97:13, Finally [2] - 173:17, 101:11, 125:4, 194:22, 195:8,
180:17 140:18, 145:13, 189:1 125:25, 127:24, 197:11, 207:6
Fair [1] - 165:9 145:15, 145:22 FINANCE [1] - 1:3 128:13, 130:1, 132:9, Follow [1] - 39:15
fair [22] - 12:12, feed [2] - 167:5, finance [4] - 100:21, 144:3, 144:9, 150:1, follow-up [10] - 9:4,
12:17, 31:12, 33:11, 168:13 107:4, 161:12, 189:25 150:2, 150:3, 186:23 12:5, 12:8, 16:13,
37:24, 38:13, 41:24, feeds [1] - 166:23 Finance [61] - 3:4, firm's [3] - 128:9, 18:2, 30:25, 39:13,
58:1, 85:5, 100:15, feelings [4] - 37:15, 14:23, 16:24, 17:9, 128:11, 146:21 40:20, 41:4, 183:9
102:4, 102:16, 37:16, 38:3, 38:5 33:1, 42:16, 60:1, firms [9] - 30:7, Follow-up [1] - 39:15
102:19, 102:23, Fees [1] - 95:17 66:19, 66:22, 66:25, 73:12, 77:9, 88:7, followed [2] -
103:12, 103:16, fees [5] - 69:15, 72:24, 84:13, 87:4, 101:6, 127:15, 154:24, 178:4
103:25, 135:18, 95:16, 112:6, 155:9, 99:9, 109:12, 111:2, 132:18, 132:20, Following [1] - 74:7
135:25, 136:5, 155:10 111:10, 111:12, 189:25 following [8] - 8:7,
136:12, 140:2 fellow [5] - 54:5, 111:20, 111:24, First [4] - 7:1, 48:24, 44:1, 53:19, 74:12,
fairness [1] - 18:15 56:16, 57:6, 58:10, 112:7, 112:10, 84:1, 84:14 170:25, 189:13,
faith [1] - 71:9 201:3 112:11, 112:17, first [53] - 8:16, 195:8, 200:6
fall [1] - 13:19 felonies [1] - 83:16 113:3, 113:6, 113:8, 12:24, 13:8, 13:11, follows [17] - 72:11,
false [41] - 33:21, felt [1] - 192:17 113:10, 113:18, 13:20, 14:25, 15:5, 98:18, 122:4, 131:19,
46:15, 46:16, 47:4, fence [1] - 69:24 114:9, 116:8, 116:16, 15:8, 19:5, 19:19, 143:9, 165:19, 168:2,
47:6, 48:18, 53:17, Ferguson [6] - 15:6, 116:24, 117:12, 31:1, 68:5, 72:3, 169:4, 169:12, 170:8,
60:24, 62:4, 87:15, 15:7, 15:12, 19:22, 117:16, 118:5, 72:10, 78:1, 84:4, 171:21, 173:24,
87:19, 91:14, 92:1, 40:20, 44:2 118:12, 118:19, 84:11, 86:1, 86:21, 175:24, 203:12,
92:2, 94:5, 110:13, few [12] - 5:17, 119:3, 119:13, 90:23, 90:24, 93:22, 203:14, 206:2, 206:4
133:17, 139:14, 17:25, 39:16, 52:19, 119:20, 120:14, 98:17, 101:24, 102:2, footnotes [1] - 182:7
139:15, 139:24, 56:14, 150:5, 150:6, 142:5, 143:21, 148:3, 102:3, 102:6, 106:4, FOR [3] - 1:2, 2:2,
142:3, 158:5, 170:20, 156:7, 163:21, 148:5, 149:5, 149:19, 109:3, 114:2, 115:22, 2:5
170:24, 174:1, 172:23, 174:12, 150:12, 158:2, 122:3, 124:24, foregoing [1] - 210:4
175:17, 180:24, 187:11 159:19, 160:6, 160:9, 125:11, 127:15, forever [2] - 80:1,
187:18, 187:22, fiancee [1] - 22:6 176:14, 189:22, 131:18, 136:2, 143:8, 193:5
187:25, 188:16, fiduciary [1] - 81:9 190:12, 203:15, 144:25, 147:10, forgot [1] - 183:14
188:18, 192:10, 203:21, 205:14, 149:24, 149:25, form [17] - 5:8,
fifth [1] - 13:15
193:21, 194:4, 206:5, 206:7 150:3, 150:4, 150:25, 12:23, 74:17, 74:18,
Fifth [1] - 2:3
194:10, 198:17, Finance's [1] - 154:1, 157:5, 157:7, 81:18, 81:19, 125:22,
fight [4] - 68:7,
199:6, 199:13 106:21 162:3, 166:11, 171:1, 148:21, 181:14,
71:10, 168:8, 168:19
falsely [1] - 172:13 financial [21] - 60:20, 173:10, 188:23 201:14, 201:15,
figure [2] - 83:24,
falsity [2] - 133:13, 75:10, 91:4, 93:19, fishing [1] - 25:1 201:24, 203:4, 203:7,
179:16
182:1 116:18, 119:1, 119:7, fit [2] - 49:15, 77:7 204:2, 205:16, 205:23
figured [3] - 164:6,
familiar [13] - 41:18, 119:17, 119:19, fits [1] - 49:18 formed [3] - 73:1,
165:5, 203:3
41:25, 42:6, 42:16, 128:23, 148:9, five [7] - 83:4, 99:25, 80:12, 144:4
figuring [1] - 165:4
68:14, 76:18, 105:2, 148:13, 148:18, 142:6, 161:17, formerly [1] - 22:18
file [8] - 59:23, 61:22,
12
forms [1] - 145:1 given [15] - 18:2, 149:5, 149:19, 191:23
G
forth [3] - 13:16, 46:3, 58:7, 63:19, 150:12, 190:12, harming [1] - 71:11
87:4, 147:16 71:4, 71:5, 71:6, 203:15, 203:21, 206:5 Hawthorne [1] -
forums [1] - 36:14 gain [25] - 63:9, 86:9, 160:5, 174:7, 174:8, guess [8] - 3:21, 9:4, 26:15
forward [8] - 72:6, 86:13, 103:10, 176:23, 197:10, 47:11, 49:20, 55:3, head [3] - 46:10,
96:14, 98:12, 121:21, 103:14, 103:19, 198:15, 202:5, 207:5 107:24, 168:23, 207:3 47:8, 169:22
131:13, 143:3, 145:5, 104:1, 104:2, 104:3, goal [1] - 178:14 guesswork [1] - headed [1] - 9:11
171:15 104:7, 104:8, 105:17, goldsmith [1] - 28:9 195:3 headlines [1] - 68:11
forwarding [2] - 106:8, 133:25, 134:8, Goldy [3] - 15:13, guide [2] - 27:22 heads [3] - 3:23,
23:12, 40:12 134:24, 135:3, 135:4, 21:11, 44:2 guidelines [4] - 5:11, 9:10
fossil [1] - 144:21 136:7, 139:20, 140:4, Google [5] - 61:17, 65:11, 137:10, 138:4 Health [1] - 29:15
fought [1] - 168:20 140:6, 140:23, 140:25 77:3, 161:20, 172:9, Guides [1] - 28:1 hear [25] - 45:10,
four [14] - 9:24, gains [31] - 65:15, 178:19 guilt [2] - 163:14, 53:1, 55:16, 58:12,
24:23, 40:24, 79:8, 65:17, 65:24, 66:1, government [8] - 163:15 58:22, 59:25, 60:11,
79:9, 112:20, 153:20, 78:16, 85:9, 85:16, 67:1, 67:11, 67:12, guilty [3] - 17:21, 61:12, 62:17, 64:18,
154:4, 161:17, 85:20, 85:22, 85:23, 67:13, 108:11, 83:15, 88:5 64:23, 64:25, 65:5,
161:18, 183:19, 95:11, 102:5, 104:9, 145:13, 145:15, gum [1] - 127:6 65:7, 65:10, 65:16,
199:8, 200:10, 203:3 105:9, 105:10, 145:22 65:21, 65:25, 66:13,
105:18, 106:16,
fourth [1] - 13:15
106:23, 134:2,
governments [1] - H 66:15, 67:3, 67:16,
Fraud [1] - 67:1 140:19 99:12, 187:1, 197:24
134:11, 134:15, Governors [1] - heard [27] - 33:18,
fraud [43] - 61:1,
136:14, 136:16, 34:25 half [4] - 100:2, 33:23, 40:21, 54:1,
61:19, 66:3, 66:10,
136:23, 136:24, graduate [4] - 25:10, 150:19, 152:14, 54:12, 73:7, 95:3,
66:24, 67:1, 67:7,
137:1, 138:18, 25:20, 100:9, 132:12 189:12 120:10, 134:16,
68:7, 71:23, 84:8,
138:19, 138:21, hand [24] - 16:18, 159:4, 164:10, 186:1,
84:13, 84:15, 88:5, graduated [2] -
139:9, 140:14 25:6, 30:24, 31:3, 186:12, 186:19,
91:14, 91:21, 92:13, 99:19, 144:2
gallon [1] - 129:5 33:25, 34:9, 34:18, 187:2, 189:11,
95:9, 95:10, 105:22, graduates [1] - 21:2
108:3, 108:9, 108:10, gamble [1] - 86:8 36:7, 36:13, 37:18, 190:18, 191:15,
grand [2] - 83:17,
133:7, 141:5, 141:16, gardening [3] - 21:3, 38:6, 38:14, 38:23, 191:16, 192:3, 192:6,
94:23
141:19, 142:1, 142:5, 28:14, 30:12 39:2, 42:1, 43:1, 192:14, 192:18,
grandchild [1] - 27:6
142:7, 142:8, 157:7, GARY [1] - 131:16 44:13, 46:4, 59:1, 193:2, 193:23,
grant [1] - 56:12
163:7, 171:2, 172:14, Gary [6] - 32:22, 98:13, 121:22, 197:12, 199:19
grantor [4] - 104:15,
174:4, 180:20, 33:4, 42:11, 67:3, 131:14, 143:4, 205:17 hearing [4] - 56:4,
138:7, 138:14, 140:11
186:13, 188:12, 131:12, 131:23 handed [1] - 169:20 69:19, 70:17, 139:5
grantor's [1] - 138:5
188:22, 189:6, gas [1] - 22:20 Handing) [2] - hearsay [10] - 5:25,
gravel [1] - 73:22
191:19, 193:12, gates [1] - 15:15 184:11, 205:25 6:10, 7:14, 8:1, 8:10,
gray [1] - 87:12
193:13 gears [1] - 62:23 handle [4] - 65:12, 50:6, 51:1, 51:4, 52:3,
great [10] - 60:3,
free [1] - 44:7 Gee [2] - 67:1, 137:7, 165:5, 165:7 52:4
60:13, 62:10, 64:19,
freight [2] - 23:12, 108:12 handled [4] - 84:9, heck [1] - 163:8
64:22, 67:17, 71:19,
40:12 general [7] - 22:15, 101:23, 136:15, held [5] - 99:10,
127:8, 127:10, 127:11
freight-forwarding 37:16, 76:22, 84:23, 146:11 102:8, 134:6, 134:25,
greater [2] - 71:22,
[2] - 23:12, 40:12 84:25, 85:19, 151:25 handling [2] - 86:16, 150:17
200:21
front [13] - 11:4, generally [2] - 76:10, 146:14 Hello [3] - 29:4,
greatest [1] - 92:20
11:11, 15:22, 16:8, 134:3 hands [6] - 34:19, 130:19, 189:14
Gregory [1] - 75:3
16:18, 19:7, 61:16, generate [2] - 88:12, 36:3, 38:7, 68:16, help [19] - 22:7,
GROUP [1] - 1:3
90:4, 158:20, 177:12, 191:8 185:18 53:14, 59:5, 60:9,
group [4] - 19:1,
177:24, 178:17, 181:1 generated [1] - 107:8 hang [2] - 204:14, 63:1, 64:9, 64:13,
35:8, 73:13, 183:19
fuels [1] - 144:21 generates [1] - 192:7 208:19 68:7, 71:19, 71:22,
Group [39] - 3:4,
full [1] - 182:22 generic [3] - 70:22, Hang [3] - 20:4, 114:21, 116:18,
14:23, 16:24, 17:9,
fully [4] - 38:16, 178:8, 181:20 89:10, 115:9 118:13, 151:21,
42:17, 60:1, 66:19,
68:22, 70:17, 201:2 generous [2] - hard [3] - 60:4, 153:2, 174:15,
66:22, 66:25, 72:24,
fund [1] - 93:6 145:15, 145:16 105:5, 162:23 175:14, 193:22,
99:9, 109:12, 112:10,
funds [6] - 74:23, genetic [1] - 35:14 harm [15] - 71:21, 196:22
112:12, 112:18,
78:24, 79:10, 79:11, genetics [2] - 29:15, 91:4, 91:7, 91:8, helpful [2] - 183:6,
113:3, 113:8, 113:10,
82:2, 83:12 29:25 187:14, 190:25, 205:4
113:18, 114:9, 116:8,
future [2] - 76:12, Genetics [2] - 29:19 191:4, 191:12, 193:7, helping [2] - 40:16,
116:17, 116:24,
177:5 genomic [1] - 26:17 194:16, 198:18, 75:11
117:12, 118:5,
GETS [1] - 26:16 200:7, 200:9, 200:13 HERNANDEZ [1] -
118:12, 118:19,
girls [1] - 29:9 harmed [5] - 47:4, 1:16
119:3, 119:13,
girls' [1] - 25:2 48:20, 71:16, 160:12, Hernandez [2] -
143:21, 148:3, 148:5,
13
14:22, 16:25 21:20 hundreds [1] - 172:3 impossibility [2] - 22:3, 36:20, 37:3,
herself [6] - 61:13, home [2] - 27:5, hurt [2] - 71:10, 38:22, 38:24 45:8, 45:15, 50:20,
189:18, 189:20, 30:13 192:23 improper [1] - 197:3 52:4, 56:8, 56:21,
189:21, 190:5, 196:11 honest [3] - 18:12, husband [17] - improve [1] - 125:18 60:25, 68:22, 70:8,
heuristic [1] - 129:23 18:14, 201:11 21:12, 24:7, 24:9, IN [1] - 1:1 92:25, 94:5, 104:17,
heuristics [2] - honestly [2] - 18:7, 24:10, 25:18, 25:19, in-house [2] - 22:14, 109:9, 109:23,
129:23, 129:24 43:6 25:20, 26:7, 26:9, 22:19 110:14, 113:12,
Hi [4] - 23:9, 24:22, honesty [1] - 18:16 26:15, 26:18, 27:4, inadmissible [2] - 119:2, 119:7, 125:16,
25:17, 30:3 Honor [68] - 5:17, 28:8, 29:6, 29:13, 5:25, 7:7 126:4, 126:5, 126:14,
high [11] - 25:19, 6:6, 6:25, 8:13, 9:5, 29:16, 29:17 Inc [1] - 120:14 141:24, 147:14,
125:5, 126:22, 10:12, 10:15, 14:15, hybrid [1] - 144:9 incarcerated [1] - 148:16, 148:17,
126:24, 127:9, 32:16, 39:16, 41:2, 29:6 148:24, 149:6, 149:8,
127:11, 127:16, 43:2, 43:12, 47:11, I include [2] - 126:15, 149:17, 149:18,
128:5, 128:15, 129:6, 48:15, 49:2, 51:23, 170:25 156:19, 162:7,
129:13 59:18, 72:4, 90:9, included [1] - 90:1 193:25, 194:1, 194:9
High [1] - 35:4 90:14, 90:18, 94:6, I-5 [1] - 75:18 informed [1] -
includes [5] - 57:1,
high-risk [9] - 125:5, 94:12, 97:21, 107:15, idea [2] - 156:9, 146:13
81:25, 170:24, 175:4,
126:24, 127:9, 110:15, 112:21, 172:3 inherent [1] - 127:4
196:16
127:11, 127:16, 115:6, 119:24, 121:6, identified [1] - initial [1] - 173:14
Including [1] -
128:5, 128:15, 129:6, 121:18, 130:13, 155:25 injunction [1] - 207:8
147:14
129:13 131:3, 131:6, 135:6, identify [5] - 78:24, injunctive [2] -
including [7] - 57:8,
highest [1] - 189:17 142:16, 142:22, 90:2, 114:19, 125:20, 207:4, 207:11
60:19, 123:10, 124:2,
highly [2] - 82:10, 143:2, 147:18, 188:20 injury [2] - 24:4, 34:7
136:22, 198:23,
130:7 155:16, 158:6, ignore [3] - 55:3, injustice [1] - 66:10
202:23
hike [1] - 22:9 158:19, 163:17, 55:6, 195:9 injustices [2] -
income [7] - 101:3,
hiking [3] - 20:1, 164:10, 164:15, ill [1] - 193:18 68:10, 68:23
112:4, 138:12,
21:3, 23:22 164:23, 165:16, illegal [4] - 69:10, inquire [2] - 72:18,
145:14, 145:16,
Hillsboro [1] - 28:18 178:22, 178:24, 69:22, 70:2, 71:17 99:4
146:9, 192:4
himself [1] - 67:10 179:4, 179:8, 180:4, immediate [1] - insider [1] - 70:1
inconvenience [1] -
180:14, 182:9, 183:8, 151:10 insignificant [1] -
hire [3] - 60:8, 76:17, 59:20
184:17, 194:7, immediately [1] - 31:23
77:10 incorrect [2] - 87:18,
204:20, 205:22, 68:11 insolvency [6] -
hired [16] - 61:2, 106:20
62:25, 74:5, 74:11, 206:15, 206:23, impact [3] - 105:15, 73:11, 73:13, 75:4,
incorrectly [1] -
80:17, 80:18, 80:19, 207:1, 207:18, 208:4, 136:2, 163:9 75:5, 75:12, 75:21
128:17
101:15, 104:23, 208:6, 208:8, 208:10 impacted [2] - 87:19, insolvent [3] -
increasingly [2] -
116:23, 120:18, honor [1] - 173:4 93:12 153:17, 153:19,
126:3, 126:19
120:21, 124:5, HONORABLE [1] - impaneled [2] - 153:24
incur [1] - 151:17
132:22, 151:21 1:16 203:13, 206:3 instance [1] - 156:6
indicate [1] - 77:15
hiring [2] - 60:15, honored [1] - 119:14 impartial [2] - 19:2, instead [1] - 190:11
indicated [1] - 47:21
60:16 Hood [1] - 28:2 38:13 instruct [6] - 14:6,
indicating [1] - 209:3
historical [2] - 26:22, hope [3] - 39:19, imperative [1] - 53:9, 54:7, 59:15,
indicating) [1] - 32:2
28:22 84:17, 189:14 45:13 194:20, 199:22
indication [1] - 53:11
Historical [1] - 21:19 hopeful [2] - 152:21, implication [1] - instructed [2] -
indicia [1] - 80:22
history [3] - 21:13, 153:2 142:7 180:23, 197:7
indicted [2] - 83:17,
21:16 hopes [1] - 68:7 imply [1] - 89:3 instructing [1] -
94:22
hit [1] - 68:10 horse [2] - 28:12 importance [2] - 199:23
indirect [1] - 54:13
hobbies [6] - 21:3, horseback [1] - 125:4, 129:9 instruction [12] -
individuals [8] -
23:13, 25:22, 28:3, 21:21 important [24] - 44:19, 44:20, 44:22,
13:2, 16:15, 17:5,
28:23, 29:8 hospital [1] - 26:8 11:17, 18:15, 44:22, 45:17, 98:3, 181:16,
33:3, 44:1, 125:8,
Hobbies [3] - 21:21, hour [1] - 124:12 58:13, 59:21, 60:18, 181:17, 182:4, 182:6,
128:5, 185:9
25:1, 28:13 hourly [2] - 133:2, 61:6, 62:17, 103:7, 190:16, 196:16,
industry [2] - 37:12,
hobby [1] - 24:12 148:15 103:8, 127:23, 197:10
76:11
Hold [1] - 172:18 hours [1] - 172:10 128:18, 129:12, instructions [26] -
inexpensive [1] -
house [3] - 22:14, 129:25, 146:21, 11:20, 13:24, 52:21,
hold [3] - 63:4, 126:6
22:19, 26:2 146:24, 155:20, 52:22, 56:19, 57:18,
67:22, 100:12 influenced [4] -
huge [1] - 83:5 181:23, 190:1, 165:4, 179:17, 181:9,
holding [2] - 27:16, 58:20, 194:24,
Human [1] - 29:19 190:23, 191:20, 181:10, 181:23,
64:1 195:17, 197:4
humiliation [3] - 195:10, 201:8 181:25, 182:21,
holds [2] - 63:11, inform [1] - 4:8
191:1, 200:10, 200:13 importantly [2] - 182:25, 183:10,
150:22 information [45] -
hundred [1] - 80:12 91:6, 101:12 183:17, 184:16,
Holocaust [1] - 6:20, 8:2, 8:9, 8:19,
14
184:24, 187:10, introduced [2] - 71:1 86:16, 95:12, 123:22, 24:20, 24:22, 25:8, 52:16, 52:18, 56:4,
190:22, 195:8, introducing [3] - 124:23 25:15, 25:17, 26:1, 56:22, 57:14, 58:11,
195:11, 196:15, 3:18, 6:2, 6:4 issuing [1] - 193:8 26:4, 26:6, 26:14, 58:18, 73:4, 73:7,
202:5, 203:2 introduction [1] - IT [1] - 22:7 27:1, 27:13, 27:16, 74:19, 75:25, 81:7,
instructor [3] - 120:7 items [2] - 3:7, 4:2 27:19, 27:20, 28:7, 83:17, 88:10, 89:15,
21:14, 21:17, 22:2 invest [3] - 63:20, itself [7] - 81:17, 28:17, 29:4, 29:12, 94:23, 97:23, 98:5,
insure [1] - 57:25 74:23, 127:12 107:5, 121:4, 138:13, 30:1, 30:3, 30:18, 98:9, 99:15, 99:20,
integrity [1] - 189:17 investigate [2] - 138:20, 156:24, 31:5, 31:10, 31:16, 115:15, 122:17,
intended [2] - 76:25, 163:4 161:15 31:20, 31:23, 32:2, 123:4, 123:20, 132:6,
196:22, 202:6 investigated [1] - 32:4, 32:10, 33:4, 132:10, 134:18,
intent [2] - 181:18, 101:6 J 33:8, 33:12, 34:7, 143:18, 143:25,
199:13 investigation [3] - 34:10, 34:12, 34:21, 144:5, 161:4, 163:25,
intention [1] - 71:12 57:23, 71:14, 152:5 34:23, 34:24, 35:3, 164:3, 165:4, 165:13,
jail [1] - 189:16 35:6, 35:12, 35:17, 179:5, 179:15,
intentionally [5] - investigative [1] -
60:24, 67:14, 71:21, Janis [3] - 16:1, 27:1, 36:11, 36:14, 36:18, 179:17, 179:22,
178:20
187:14, 187:22 44:3 37:7, 37:9, 37:11, 180:1, 180:23, 181:1,
investing [2] - 144:9,
interaction [1] - January [13] - 70:19, 37:20, 37:25, 39:3, 181:6, 181:8, 181:9,
144:11
191:17 70:24, 91:5, 109:5, 39:10, 39:23, 40:3, 181:10, 181:18,
investment [4] -
111:1, 157:19, 40:11, 40:18, 40:24, 182:21, 183:5, 183:9,
interest [7] - 43:22, 74:10, 74:23, 87:23,
157:21, 158:18, 41:9, 41:14, 41:20, 183:10, 183:23,
55:18, 95:12, 95:16, 144:12
159:6, 159:11, 42:7, 42:10, 42:12, 184:24, 185:3,
116:5, 139:21, 198:1 investments [1] -
159:24, 160:8 42:18, 42:21, 43:4, 187:10, 190:16,
Interesting [1] - 144:8
JD [1] - 22:8 43:8, 99:12, 205:19, 190:21, 194:19,
27:15 investors [1] - 69:11
job [16] - 17:16, 40:1, 205:22, 206:15 200:17, 201:15,
interests [2] - invited [1] - 96:20
40:10, 64:5, 64:13, juror [34] - 11:6, 201:19, 201:20,
152:11, 153:7 involve [2] - 60:10,
64:17, 64:19, 68:17, 11:14, 12:12, 14:22, 202:12, 202:16,
interfere [1] - 58:12 164:25
74:4, 96:16, 96:25, 15:5, 20:3, 20:9, 202:23, 203:2,
interfering [2] - 52:1, involved [35] - 30:10,
100:19, 107:4, 21:22, 22:11, 23:15, 203:12, 204:11,
52:11 34:3, 35:10, 56:21,
113:11, 154:22, 155:1 23:23, 25:23, 27:9, 204:15, 204:24,
interlock [1] - 178:6 57:9, 63:16, 69:18,
jobs [1] - 194:3 28:4, 28:24, 29:23, 205:1, 205:11,
intermediary [2] - 73:22, 74:4, 74:21,
Joe [4] - 15:6, 19:22, 30:14, 57:11, 58:20, 205:14, 205:20,
78:13, 78:19 75:6, 75:12, 75:24,
27:20, 44:2 180:8, 181:3, 195:19, 206:2, 206:18, 206:20
Internal [2] - 87:8, 77:4, 77:22, 77:25,
jointly [1] - 74:17 200:19, 200:20, Justice [3] - 68:24,
134:20 78:2, 78:9, 78:11,
Joseph [2] - 15:25, 200:22, 200:23, 71:14, 71:18
international [4] - 78:14, 80:10, 85:13,
44:3 201:19, 201:23, justice [1] - 70:6
27:23, 29:20, 75:7, 85:14, 88:8, 92:20,
Journal [3] - 124:2, 202:11, 204:1, 204:3,
132:20 93:7, 93:8, 100:15,
Internet [36] - 33:21, 100:17, 119:8, 126:7, 124:3 205:18, 206:12, K
journals [1] - 124:2 206:14
35:23, 35:25, 36:3, 146:10, 155:2,
JUDGE [1] - 1:17 Juror [4] - 11:8,
37:4, 53:18, 57:3, 156:25, 162:21 Kaiser [1] - 27:3
judge [8] - 45:6, 11:15, 13:7, 42:15
57:4, 57:22, 61:24, involves [1] - 18:17 Karen [1] - 17:9
87:7, 97:13, 125:21, juror's [1] - 195:20
66:16, 67:15, 77:1, involving [3] - 4:6, Kearsey [4] - 16:2,
128:4, 129:17, jurors [31] - 10:25,
88:23, 125:1, 125:8, 46:11, 57:14 26:14, 39:25, 44:4
190:17, 190:23 11:2, 11:13, 11:15,
125:16, 126:3, 126:6, irrelevant [1] - 47:1 Keep [2] - 56:14,
judged [1] - 198:11 11:16, 11:19, 11:25,
126:8, 126:14, IRS [7] - 65:10, 67:5, 195:18
judges [1] - 52:25 13:9, 14:19, 16:17,
126:15, 126:16, 68:24, 137:9, 140:8, keep [14] - 12:6,
judgment [3] - 16:20, 17:16, 18:6,
127:17, 127:19, 140:16, 186:24 18:21, 45:2, 56:8,
148:25, 207:2, 207:11 19:2, 32:18, 34:15,
127:20, 130:5, 130:9, issue [28] - 3:17, 56:11, 58:9, 58:10,
July [4] - 70:25, 43:1, 43:19, 44:8,
147:9, 147:12, 3:24, 4:2, 4:6, 4:7, 67:10, 139:20,
91:10, 158:16, 159:23 44:13, 52:20, 54:5,
156:20, 157:3, 4:10, 7:11, 9:2, 24:2, 149:13, 172:9, 209:1,
jumped [2] - 68:11, 56:14, 56:16, 57:7,
191:23, 192:23, 193:5 46:14, 59:21, 65:11, 209:3
69:24 58:11, 201:3, 201:4,
interpret [1] - 196:23 71:5, 77:22, 77:23, keeper [2] - 208:15,
juncture [1] - 44:23 201:7, 201:21
interpreting [1] - 95:19, 105:22, 208:19
JUROR [93] - 19:17, jury [104] - 9:19,
59:14 174:13, 176:21, Kelley [4] - 15:14,
19:22, 20:6, 20:12, 9:25, 10:20, 12:9,
interview [2] - 96:18, 180:17, 180:25, 22:5, 41:6, 43:21
20:16, 20:19, 20:22, 13:21, 14:6, 14:17,
96:21 181:4, 181:6, 181:7,
15:1, 15:3, 16:8, kept [2] - 146:13,
interviewed [1] - 199:13, 207:4, 208:2 21:9, 21:11, 21:25,
16:24, 19:2, 26:23, 187:4
97:2 issued [1] - 9:5 22:3, 22:5, 22:14,
37:14, 44:2, 44:15, Kevin [29] - 14:23,
introduce [5] - issues [11] - 3:11, 22:18, 22:24, 23:6,
23:9, 23:17, 24:1, 45:18, 45:20, 48:5, 16:24, 17:7, 41:8,
11:22, 17:5, 47:7, 47:12, 48:24, 56:21, 66:19, 66:21, 66:25,
24:4, 24:6, 24:17, 51:18, 52:5, 52:6,
48:1, 91:9 67:20, 76:7, 80:23, 72:4, 72:15, 84:12,
15
101:8, 106:14, 35:15, 40:4, 40:6 113:20, 114:10, 115:19 90:1, 97:10, 101:22,
110:19, 116:9, Lake [3] - 20:23, 146:6, 196:12, letters [3] - 156:8, 102:18, 103:8,
116:13, 139:7, 21:2, 74:3 196:16, 196:20 156:9, 156:11 103:11, 103:18,
141:15, 141:25, land [7] - 19:24, lawyers [11] - 18:2, level [6] - 123:7, 104:6, 104:12,
146:13, 147:23, 73:23, 134:6, 134:25, 18:3, 31:2, 34:2, 53:8, 123:8, 123:9, 123:11, 104:13, 106:16,
153:10, 154:14, 135:2 62:12, 196:5, 196:16, 123:12 106:17, 107:1,
189:16, 203:16, Land [3] - 19:25, 196:19, 196:25, 197:1 liabilities [2] - 116:21, 117:22,
203:18, 203:24, 20:6, 34:21 leadership [2] - 106:17, 139:10 118:4, 118:7, 118:15,
203:25, 206:9, 206:11 language [1] - 34:16, 35:11 liability [8] - 7:8, 133:8, 133:17,
KEVIN [2] - 1:3, 72:8 181:20 leading [1] - 150:2 27:14, 46:25, 154:9, 135:14, 135:17,
Kevin's [1] - 153:12 Lanya [2] - 16:6, leaning [1] - 96:13 154:15, 154:16, 135:18, 135:24,
key [3] - 125:9, 29:4 learn [1] - 57:24 198:24, 199:16 136:1, 136:17,
125:20, 130:10 large [3] - 75:7, learned [3] - 23:6, liable [4] - 203:15, 137:11, 137:15,
kicks [1] - 149:3 101:11, 101:13 70:16, 79:7 203:23, 206:5, 206:9 137:23, 138:5, 138:9,
kids [6] - 20:24, 21:1, larger [2] - 144:13, least [10] - 4:25, 5:5, liar [1] - 66:22 138:13, 138:14,
26:1, 26:7, 26:10, 149:21 37:22, 38:8, 61:11, libel [1] - 198:22 138:15, 138:18,
26:16 largest [3] - 132:20, 64:5, 88:15, 128:12, licensed [2] - 138:19, 138:22,
killed [1] - 93:5 144:12, 161:7 170:25, 180:13 100:13, 132:14 139:9, 139:10, 140:9,
kind [36] - 4:21, 5:5, Las [1] - 86:8 leave [3] - 44:8, lied [1] - 192:22 140:10, 140:12,
12:22, 14:8, 20:17, last [13] - 6:8, 58:17, 71:20 lies [1] - 129:9 140:22, 141:2, 142:2,
36:7, 36:9, 36:19, 105:18, 122:9, leaves [6] - 45:20, life [5] - 37:21, 69:5, 169:6
37:4, 39:21, 46:9, 131:24, 143:12, 98:5, 164:3, 180:1, 70:4, 147:11, 189:17 liquidation [3] -
48:2, 68:19, 75:25, 146:6, 159:25, 204:15, 206:20 light [4] - 55:21, 78:10, 118:11, 118:24
76:2, 81:15, 82:5, 164:25, 168:3, leaving [2] - 106:22, 178:24, 181:2, 198:4 liquidations [1] -
92:3, 105:11, 126:10, 170:25, 186:14, 207:9 like-kind [4] - 42:9
127:7, 134:13, 192:4, 192:14 led [1] - 62:24 105:11, 134:13, list [10] - 8:17, 9:6,
134:14, 144:25, late [1] - 62:25 left [12] - 3:7, 4:10, 134:14, 151:8 19:12, 32:14, 76:14,
149:3, 151:8, 158:14, lately [2] - 30:13, 11:8, 15:9, 15:23, likelihood [2] - 76:15, 166:9, 169:17,
161:10, 161:14, 144:11 31:20, 58:18, 73:20, 124:24, 125:7 190:9, 196:9
161:25, 162:1, 163:9, law [45] - 4:13, 4:14, 164:5, 179:24, 182:2, likely [4] - 17:24, listed [1] - 4:3
167:7, 179:18, 17:17, 22:17, 22:20, 203:10 105:13, 130:3, 199:3 listen [1] - 57:19
181:20, 191:24 23:4, 45:5, 45:11, legal [13] - 24:8, Likewise [1] - 195:3 listened [1] - 201:3
kinds [7] - 39:8, 53:2, 53:4, 54:16, 24:15, 24:18, 37:15, limine [1] - 5:18 listening [1] - 38:11
73:21, 74:13, 75:6, 56:20, 57:25, 59:15, 37:23, 38:3, 57:18, limit [1] - 13:19 litigation [1] - 11:18
76:6, 77:11, 80:7 73:6, 73:10, 73:12, 70:1, 95:7, 118:1, limitations [1] - live [20] - 19:22,
Klamath [2] - 161:6, 86:1, 86:4, 87:18, 128:23, 146:4, 175:20 182:10 20:23, 21:11, 22:5,
161:7 144:2, 144:3, 145:23, legally [1] - 119:14 limited [8] - 54:7, 22:6, 23:10, 24:7,
knowing [1] - 49:21 149:25, 150:2, 150:3, legitimate [5] - 54:8, 54:9, 154:9, 25:8, 25:18, 26:6,
knowingly [6] - 94:4, 153:16, 180:24, 63:13, 89:4, 89:19, 154:14, 154:16, 26:14, 27:1, 27:21,
94:5, 110:13, 158:4, 180:25, 182:7, 97:16, 97:18 197:9, 198:24 28:8, 28:17, 28:18,
175:17, 187:13 182:11, 186:23, length [1] - 56:11 limiting [1] - 197:10 29:13, 30:4, 193:4
knowledge [9] - 187:23, 189:25, Leslie [3] - 16:2, line [6] - 13:13, live`in [1] - 23:18
12:1, 48:1, 48:21, 191:3, 191:12, 26:14, 44:3 19:21, 48:6, 167:24, lives [2] - 68:18,
49:3, 54:4, 110:1, 194:17, 194:20, less [2] - 78:22, 167:25, 169:2 71:16
116:25, 181:18, 194:22, 195:2, 195:6, 128:8 lines [2] - 169:1, living [4] - 27:5,
199:12 198:22, 200:16, 202:5 letter [30] - 9:17, 169:9 27:6, 176:11, 178:20
known [3] - 31:13, LAW [3] - 181:11, 46:11, 46:20, 47:24, linked [1] - 186:5 LLC [7] - 1:3, 3:4,
78:13, 128:13 181:13, 184:11 47:25, 49:9, 120:13, Linn [3] - 25:9, 14:23, 66:22, 72:24,
knows [1] - 93:21 lawsuit [14] - 34:1, 138:11, 148:10, 25:12, 30:4 203:15, 206:5
KPMG [1] - 132:21 34:4, 34:5, 34:6, 148:12, 148:20, liquidate [4] - 74:4, LLC's [1] - 203:21
Kristin [2] - 16:5, 59:23, 61:22, 62:25, 149:1, 149:16, 150:7, 74:5, 81:11, 120:22 LLCs [1] - 154:8
25:8 69:12, 70:19, 70:22, 150:9, 153:20, liquidated [1] - LLP [1] - 2:2
Kroha [3] - 15:18, 156:25, 159:10, 169:16, 169:19, 102:23 loan [2] - 159:17,
23:18, 39:20 159:21, 173:10 170:3, 170:14, Liquidating [1] - 163:1
Kruse [1] - 75:18 lawsuits [2] - 94:16, 170:23, 171:12, 118:3 loans [1] - 74:4
155:22 171:23, 172:12, liquidating [59] - local [5] - 20:1, 25:2,
L lawyer [16] - 22:11, 172:24, 173:14, 65:4, 81:19, 82:15, 35:18, 62:6, 101:11
24:19, 54:20, 54:22, 173:15, 173:25, 82:20, 82:21, 82:23, locally [1] - 30:7
54:23, 58:23, 62:13, 176:2, 188:10 84:10, 84:23, 85:2, locate [1] - 205:3
laboratory [4] - 26:8, 62:16, 111:7, 112:14, letterhead [1] - 86:20, 86:25, 87:6, located [2] - 62:7,
16
75:17 MADRIGAL [1] - 73:7, 132:13 meets [1] - 134:21 206:8
look [33] - 8:21, 8:23, 122:1 materials [1] - 57:22 member [3] - 21:14, millions [3] - 63:22,
19:9, 67:2, 68:24, Madrigal [3] - 32:22, mathematics [1] - 35:17, 202:12 70:4, 81:21
71:18, 77:4, 88:2, 121:19, 122:8 73:9 Members [4] - 52:18, Milwaukie [1] - 24:7
88:21, 90:4, 90:6, magnitude [1] - matter [23] - 3:24, 97:23, 179:15, 194:19 mind [7] - 15:7,
91:1, 92:1, 105:25, 152:20 7:16, 14:23, 16:24, members [4] - 57:9, 56:15, 58:9, 87:1,
115:8, 124:18, mahjong [1] - 27:7 30:15, 30:16, 30:18, 200:18, 202:12, 121:15, 179:22,
124:21, 125:12, mail [10] - 24:9, 57:2, 31:15, 45:22, 57:16, 202:16 195:18
125:25, 130:3, 78:3, 92:8, 173:6, 61:2, 103:6, 127:1, memo [1] - 182:13 mine [1] - 110:6
140:17, 147:3, 176:6, 188:25, 157:1, 157:12, memorandum [1] - minimum [2] - 56:12,
148:22, 165:20, 189:13, 189:14, 180:24, 180:25, 4:3 82:6
165:23, 169:19, 193:16 181:7, 181:19, memory [8] - 55:17, minor [1] - 83:3
169:23, 173:12, mails [2] - 92:6, 187:23, 195:13, 58:19, 118:24, 155:7, minus [1] - 134:9
181:24, 189:3, 207:7 193:14 205:13, 207:7 195:15, 195:16, minute [8] - 7:20,
Look [1] - 71:7 main [1] - 24:12 matters [8] - 48:25, 196:25, 197:25 48:12, 62:17, 94:17,
looked [7] - 51:16, maintain [1] - 170:21 61:4, 62:19, 62:20, men [2] - 112:20, 114:12, 181:13,
78:8, 91:2, 105:10, majority [2] - 82:3, 75:21, 100:23, 146:14 154:4 182:19, 183:4
119:21, 123:22, 182:7 83:5 Mazamas [2] - 28:2, mental [5] - 47:1, minutes [8] - 17:25,
looking [11] - 36:19, manage [2] - 43:9, 35:7 129:24, 191:1, 45:19, 52:19, 62:7,
74:16, 113:4, 120:4, 151:7 MBA [2] - 123:8, 200:10, 200:14 163:22, 164:2,
128:23, 129:1, Management [1] - 123:11 mentioned [5] - 164:18, 186:2
160:15, 161:12, 25:19 McClain [4] - 15:21, 39:20, 40:8, 46:10, missing [3] - 82:2,
171:9, 171:14 management [5] - 15:22, 28:17, 44:3 89:25, 170:15 140:18, 140:21
looks [3] - 12:16, 176:1, 176:3, 176:8, McMinnville [1] - merits [1] - 56:25 mission [1] - 162:1
77:7, 189:15 177:3, 189:24 24:23 message [1] - 48:5 misstates [1] -
Loretta [3] - 15:13, manager [2] - 27:24, mean [26] - 9:7, messaging [1] - 57:3 112:21
21:11, 44:2 100:4 48:22, 50:21, 71:10, met [4] - 31:5, 31:9, mistake [3] - 127:7,
lose [1] - 80:2 manner [3] - 37:24, 79:15, 80:15, 86:6, 31:10, 161:18 128:6, 128:16
losing [1] - 153:14 55:17, 197:25 86:21, 104:8, 113:7, methods [1] - 123:13 mixed [1] - 123:24
loss [11] - 92:14, march [1] - 185:4 126:23, 134:10, Miata [1] - 28:2 modeling [1] -
103:10, 103:14, marching [1] - 35:4 136:19, 150:13, Michael [3] - 15:17, 123:16
104:7, 105:17, MARCO [1] - 1:16 152:23, 154:3, 156:3, 23:9, 44:2 modified [1] - 182:5
109:10, 138:12, Marco [2] - 14:21, 159:18, 162:13, Michelle [11] - 12:23, molecular [2] -
158:17, 159:9, 16:25 162:22, 163:2, 163:4, 13:17, 17:1, 29:2, 29:14, 29:25
159:18, 200:8 Mark [1] - 139:21 167:3, 178:13, 45:18, 114:21, moment [2] - 203:5,
losses [4] - 102:5, mark [7] - 108:3, 193:17, 199:24 121:13, 163:25, 204:14
105:18, 136:23, 108:9, 108:11, meaning [2] - 204:12, 204:23, money [63] - 43:5,
136:24 108:12, 141:19, 142:9 180:12, 199:10 206:18 63:4, 63:10, 63:18,
lost [4] - 110:25, marked [1] - 102:4 means [14] - 36:4, microphone [3] - 63:21, 64:1, 64:4,
153:13, 159:7, 194:13 market [15] - 63:25, 55:7, 57:2, 94:17, 25:6, 93:14, 98:25 64:7, 64:9, 64:12,
loud [1] - 149:24 85:5, 102:4, 102:5, 101:20, 104:15, midafternoon [1] - 64:21, 65:9, 65:19,
love [2] - 37:24, 102:17, 102:19, 118:3, 118:18, 163:24 65:22, 67:10, 68:13,
71:18 102:23, 103:12, 126:18, 138:15, midday [1] - 97:25 68:15, 69:6, 69:7,
low [1] - 127:5 103:16, 103:25, 140:17, 152:1, 195:4, middle [2] - 72:15, 69:10, 70:3, 78:21,
low-risk [1] - 127:5 135:18, 135:25, 195:23 179:18 79:13, 79:19, 79:20,
lower [1] - 198:18 136:5, 136:12, 140:2 meantime [1] - might [7] - 33:3, 79:24, 79:25, 80:3,
Lumber [3] - 156:17, marketing [4] - 168:18 45:5, 45:6, 77:8, 80:4, 80:5, 80:10,
156:22, 156:24 122:20, 123:10, measure [2] - 185:14, 185:21 81:13, 86:7, 86:9,
lunch [2] - 98:4, 98:8 123:11, 123:18 103:13, 199:23 miles [2] - 129:4, 86:10, 86:12, 95:24,
Lundquist [1] - Marketing [1] - 124:4 measured [1] - 156:7 96:1, 97:8, 113:1,
122:20 marketplace [1] - 103:10 Miller [9] - 22:21, 117:13, 150:17,
123:15 media [2] - 36:23, 31:7, 31:8, 41:7, 150:21, 150:22,
M marks [2] - 4:23, 57:19 73:11, 73:18, 73:20, 150:23, 151:2, 151:5,
108:24 medical [2] - 29:14, 74:16, 146:1 151:9, 151:12, 152:4,
married [1] - 29:6 40:3 million [15] - 64:6, 152:10, 152:13,
M-a-d-r-i-g-a-l [1] - Medical [1] - 29:18 152:15, 152:17,
Mary [5] - 15:24, 70:20, 82:2, 88:15,
122:10 Medicine [1] - 35:14 153:13, 153:14,
16:3, 26:6, 28:7, 44:4 88:16, 107:14,
Ma'am [2] - 31:4, meeting [5] - 96:20, 155:12, 160:6, 160:9,
master [1] - 28:9 158:17, 159:7, 159:8,
37:19 96:22, 96:23, 96:24, 191:8, 194:3
master's [6] - 21:18, 159:17, 159:18,
machine [1] - 26:9 97:3 monies [2] - 82:7,
29:17, 30:8, 30:9, 192:5, 192:8, 192:12,
17
94:21 51:23, 59:18, 72:4, 115:13, 115:18, NANCY [1] - 210:12 176:7, 176:13, 193:14
monitors [1] - 66:5 72:21, 83:21, 83:22, 117:20, 117:21, Nancy [2] - 2:7, news [6] - 33:24,
Montana [2] - 80:7, 86:14, 89:13, 89:14, 119:22, 121:10, 210:11 36:15, 57:19, 68:22,
162:1 90:9, 90:14, 90:18, 130:18, 131:1, narrower [1] - 70:16, 95:4
month [3] - 71:2, 91:12, 94:6, 94:8, 141:10, 141:13, 164:16 newspaper [4] -
168:5, 189:24 94:12, 94:14, 97:21, 142:11, 142:14, Nash [9] - 22:21, 185:12, 185:13,
months [6] - 28:25, 98:7, 98:11, 99:7, 147:22, 155:18, 31:8, 41:7, 73:11, 185:16, 185:20
37:12, 40:13, 151:16, 99:14, 107:15, 108:5, 158:8, 158:22, 159:2, 73:18, 73:20, 74:16, newspaper's [1] -
151:17, 162:25 108:7, 110:15, 160:4, 160:21, 164:8, 146:1 156:10
morning [13] - 3:6, 110:17, 111:13, 179:2, 179:13, national [1] - 75:8 next [21] - 13:13,
4:17, 14:21, 17:3, 112:21, 115:6, 182:22, 183:2, 183:7, Natural [2] - 22:19, 15:11, 35:22, 36:5,
17:7, 20:22, 23:17, 119:24, 120:2, 121:6, 184:17, 185:2, 188:7, 22:25 67:6, 97:24, 98:10,
24:6, 27:20, 29:12, 121:18, 122:16, 193:12, 204:22, nature [7] - 5:18, 102:10, 102:12,
44:18, 88:21, 164:11 130:13, 131:3, 131:6, 207:1, 208:4, 208:8, 21:7, 21:23, 23:24, 106:14, 106:21,
Moss [4] - 101:8, 131:12, 132:4, 135:6, 208:22, 209:3, 209:7 25:24, 34:6, 38:10 121:16, 131:11,
101:10, 101:15, 135:9, 141:8, 142:16, Mt [2] - 28:2, 28:8 necessarily [6] - 139:19, 140:6,
104:23 142:20, 142:22, MT [1] - 2:6 55:24, 69:9, 150:11, 166:14, 172:18,
Most [3] - 75:8, 143:1, 143:17, multiple [3] - 66:14, 176:17, 197:20, 198:7 172:19, 173:12,
78:20, 154:8 147:18, 155:16, 89:2 necessary [5] - 56:3, 179:17
most [11] - 44:22, 158:6, 158:19, 161:2, Multnomah [2] - 147:4, 148:24, 202:9 Next [1] - 20:21
74:25, 77:2, 77:19, 163:17, 163:20, 20:13, 27:9 need [19] - 5:16, night [1] - 6:8
78:20, 129:24, 146:4, 164:10, 164:14, municipal [1] - 20:11 10:17, 12:14, 14:25, Nineteen [3] - 11:1,
148:22, 151:20, 164:17, 164:19, Museum [2] - 21:20, 16:16, 19:1, 44:12, 11:2
154:8, 181:3 164:23, 165:9, 26:21 45:8, 58:25, 59:2, NO [88] - 19:17,
mostly [1] - 27:23 165:16, 167:24, music [1] - 23:14 78:18, 78:19, 163:21, 19:22, 20:6, 20:12,
Mostly [1] - 36:11 169:1, 169:9, 170:6, musician [1] - 26:18 170:1, 179:15, 207:3, 20:16, 20:19, 20:22,
mother [1] - 39:4 171:19, 173:22, must [23] - 16:15, 207:4, 207:10, 207:11 21:9, 21:11, 21:25,
motion [3] - 180:4, 175:22, 178:22, 45:9, 53:4, 53:20, needed [6] - 91:15, 22:3, 22:5, 22:14,
181:2, 181:7 179:4, 179:8, 179:10, 54:8, 55:8, 56:18, 101:4, 161:22, 162:3, 22:18, 22:24, 23:6,
motions [2] - 5:18, 180:4, 180:7, 182:9, 56:20, 57:15, 194:22, 177:8, 208:20 23:9, 23:17, 24:1,
165:4 182:17, 183:8, 194:23, 195:4, 195:8, needs [1] - 14:25 24:4, 24:6, 24:17,
183:12, 183:14, 195:10, 195:24, negative [5] - 68:20, 24:20, 24:22, 25:8,
motivated [2] - 128:2
183:20, 183:24, 197:8, 197:11, 25:15, 25:17, 26:1,
motivation [3] - 110:3, 128:12,
184:4, 184:6, 184:14, 198:18, 200:2, 185:22, 187:19 26:4, 26:6, 26:14,
188:2, 189:11
184:20, 185:7, 188:9, 200:24, 200:25, 27:1, 27:13, 27:16,
motorcycle [1] - negatively [1] -
194:7, 204:19, 201:18, 202:4 27:19, 27:20, 28:7,
21:21 37:15
206:23, 207:6, 28:17, 29:4, 29:12,
motorcycles [1] - negotiate [1] - 168:8
207:18, 208:6
28:14
MS [101] - 6:4, 6:15,
N neighborhood [2] - 30:1, 30:3, 30:18,
mountain [1] - 27:22 35:7, 126:13 31:5, 31:10, 31:16,
6:17, 7:19, 7:21, 7:23, 31:20, 31:23, 32:2,
Mountain [1] - 28:1 Nepal [1] - 27:23
8:4, 10:4, 10:19, name [46] - 14:21, 32:4, 32:10, 33:4,
move [14] - 11:16, net [1] - 161:12
10:23, 14:10, 14:12, 16:25, 19:22, 20:22, 33:8, 33:12, 34:7,
13:7, 13:24, 14:5, Neuman [1] - 139:21
17:14, 33:17, 41:5, 21:11, 22:5, 23:9, 34:10, 34:12, 34:21,
15:4, 77:24, 93:13, neutral [2] - 32:9,
41:12, 41:18, 41:21, 23:17, 24:6, 24:22, 34:24, 35:3, 35:6,
93:14, 130:2, 165:3, 33:11
42:2, 42:5, 42:8, 25:8, 26:6, 27:1, 35:12, 35:17, 36:11,
180:15, 180:23, never [23] - 10:20,
42:11, 42:13, 42:16, 27:20, 28:7, 28:17, 36:14, 36:18, 37:7,
182:19, 184:18 10:21, 22:11, 23:14,
42:19, 42:22, 43:15, 29:4, 29:12, 30:3, 37:9, 37:11, 37:20,
moved [2] - 26:11, 31:19, 31:24, 32:5, 24:13, 25:13, 26:23,
43:20, 50:9, 50:11, 37:25, 39:3, 39:10,
145:5 33:4, 34:20, 36:8, 42:19, 69:2, 70:21,
50:19, 50:25, 51:7, 39:23, 40:3, 40:11,
movies [1] - 17:19 43:10, 59:24, 72:13, 70:23, 71:5, 71:6,
51:13, 51:17, 68:4, 40:18, 40:24, 41:9,
MR [128] - 5:17, 6:6, 72:15, 77:3, 89:18, 97:8, 129:19, 140:8,
86:2, 89:5, 90:12, 41:14, 41:20, 42:7,
6:25, 8:7, 8:12, 8:23, 98:20, 122:6, 122:9, 140:25, 158:13,
90:16, 90:22, 91:16, 42:10, 42:12, 42:18,
9:4, 9:14, 9:24, 10:12, 125:9, 130:11, 163:1, 174:7, 176:18
93:17, 94:3, 94:9, 42:21, 43:4, 43:8
10:15, 14:15, 17:7, 131:21, 131:24, Never [1] - 121:15
94:15, 94:19, 94:24, nobody [1] - 151:18
32:16, 32:21, 32:25, 143:11, 143:12, new [23] - 40:11,
96:12, 96:15, 97:19, non [1] - 128:12
39:16, 39:18, 39:24, 107:20, 107:24, 143:13, 161:15, 46:17, 78:24, 78:25,
40:7, 40:16, 40:19, 79:17, 79:22, 79:23, non-negative [1] -
108:1, 108:6, 108:8, 175:4, 175:15, 178:9 128:12
41:1, 43:1, 43:12, names [10] - 15:2, 92:17, 92:24, 93:1,
108:14, 110:18, None [5] - 48:7,
45:22, 45:25, 46:19, 32:20, 33:2, 76:15, 93:6, 125:23, 129:1,
111:18, 113:2, 87:10, 87:11, 97:21,
47:11, 48:15, 49:1, 89:3, 175:15, 175:19, 136:6, 136:13, 150:2,
114:12, 114:15, 142:16
49:5, 49:20, 50:8, 114:20, 115:1, 115:7, 175:20, 186:8 163:10, 163:11,
18
none [3] - 48:25, 23:10, 40:8, 44:2 118:19, 118:21, 97:16, 97:18, 129:16 200:18, 202:11,
55:13, 169:18 oath [5] - 16:15, 119:2, 119:6, 119:13, office [5] - 19:24, 208:17, 208:24, 209:5
nonfactual [1] - 92:5 16:19, 44:11, 44:14, 119:20, 120:13, 24:10, 109:8, 116:14, one-off [1] - 61:8
nonmoving [1] - 195:7 120:25, 124:16, 146:18 ones [4] - 9:11,
181:3 object [10] - 5:22, 125:1, 125:5, 125:9, Office [3] - 81:17, 110:7, 183:1, 184:13
noon [1] - 97:23 10:5, 43:20, 51:24, 125:15, 126:24, 96:19, 97:3 ongoing [2] - 37:1,
normal [1] - 178:5 54:23, 86:2, 89:5, 127:16, 127:24, officers [1] - 153:17 37:3
normally [3] - 63:8, 188:7, 197:3 129:13, 129:16, offices [1] - 75:18 online [2] - 156:12,
92:20, 93:7 objected [1] - 87:10 130:6, 130:12, 139:1, Official [1] - 210:13 190:1
Northwest [3] - 22:6, Objection [7] - 94:6, 142:1, 142:5, 143:21, often [1] - 78:13 oOo [1] - 210:1
22:19, 22:25 94:12, 110:15, 143:22, 143:23, Ohio [2] - 123:1, open [9] - 12:13,
note [6] - 5:4, 5:21, 111:13, 112:21, 144:1, 144:4, 144:6, 123:5 18:11, 18:14, 49:22,
58:12, 71:24, 201:17, 155:16, 158:6 144:7, 144:8, 146:12, OHSU [1] - 35:15 56:15, 149:13,
202:10 objection [17] - 3:24, 148:3, 148:5, 149:5, old [3] - 30:4, 79:18, 176:23, 202:17,
note-taking [1] - 8:16, 10:10, 43:23, 149:19, 150:12, 147:10 207:10
58:12 51:21, 51:22, 54:24, 151:21, 155:4, Olson [2] - 16:10, opened [2] - 47:10,
notebook [5] - 8:3, 54:25, 55:2, 89:11, 155:23, 155:24, 29:13 185:15
8:22, 8:24, 9:1, 90:11, 90:15, 115:4, 156:20, 158:2, on-board [1] - 37:4 Opening [2] - 59:17,
165:21 115:10, 178:25, 159:18, 160:6, 160:9, once [6] - 63:24, 68:2
noted [2] - 5:19, 197:5, 204:16 161:20, 162:2, 79:19, 152:25, opening [19] - 9:18,
126:21 objections [6] - 162:12, 172:14, 176:18, 187:2, 187:6 9:19, 13:25, 14:1,
Notes [1] - 195:15 53:22, 182:25, 173:7, 174:2, 176:1, Once [2] - 152:3, 48:11, 49:7, 50:1,
notes [8] - 58:8, 184:12, 184:14, 176:14, 177:10, 167:4 51:8, 51:25, 52:5,
58:9, 58:17, 58:18, 184:15, 197:1 178:3, 189:22, 52:11, 53:24, 59:4,
One [8] - 3:10, 45:22,
58:20, 195:14, obligated [3] - 81:1, 190:12, 203:15, 59:7, 81:25, 85:24,
74:22, 83:15, 114:22,
195:20, 195:21 118:19, 149:15 203:21, 205:13, 164:11, 196:21
126:21, 177:13,
obligation [6] - 206:5, 206:7 operates [2] - 125:6,
Nothing [3] - 121:6, 188:20
112:18, 113:4, Obsidian's [1] - 79:2 126:24
169:13, 202:6 one [100] - 4:2, 4:4,
nothing [7] - 32:7, 113:18, 117:17, ObsidianFinanceG 4:15, 4:20, 4:24, 5:5, operating [1] - 75:23
41:16, 50:21, 51:13, 118:21, 140:25 roupSucks.com [1] - 9:4, 11:16, 13:10, operations [1] -
88:20, 95:19, 156:23 obligations [1] - 91:23 13:13, 17:8, 19:10, 100:22
notify [1] - 57:10 79:18 ObsidianFinanceS 34:14, 37:17, 38:3, opinion [17] - 37:1,
novels [1] - 26:22 OBSIDIAN [1] - 1:3 ucks.com [2] - 38:6, 42:2, 43:1, 117:24, 124:6,
November [1] - 1:5 Obsidian [134] - 3:4, 166:12, 166:13 43:17, 43:20, 44:23, 124:15, 125:13,
nowadays [1] - 9:13, 14:23, 16:24, obvious [1] - 187:20 47:6, 47:11, 47:18, 125:22, 127:22,
185:23 17:9, 33:1, 42:16, obviously [4] - 5:9, 50:17, 54:14, 60:8, 127:25, 132:23,
number [21] - 55:24, 60:1, 60:7, 60:13, 66:20, 126:5, 176:21 61:8, 65:14, 66:14, 133:13, 133:15,
56:11, 73:20, 74:11, 60:16, 62:1, 62:2, Obviously [1] - 71:2, 71:24, 71:25, 141:3, 194:25,
88:2, 101:1, 101:6, 62:6, 62:24, 62:25, 85:17 72:1, 72:23, 73:2, 198:15, 198:19, 201:5
105:4, 105:9, 115:11, 64:3, 64:8, 66:19, occupation [4] - 73:11, 78:4, 78:18, Opinion [1] - 198:11
124:1, 126:16, 66:22, 66:25, 72:24, 20:24, 20:25, 27:22, 79:2, 80:16, 87:13, opinions [4] - 133:5,
137:20, 146:17, 72:25, 74:18, 74:20, 200:8 89:2, 89:5, 89:6, 194:24, 198:10,
192:12, 197:20, 74:21, 75:14, 76:1, occurred [4] - 89:23, 91:2, 92:16, 198:11
198:7, 203:10, 205:3, 76:8, 78:1, 80:17, 105:13, 140:23, 92:21, 93:9, 94:22, opportunity [13] -
208:25 84:12, 84:15, 86:19, 147:11, 150:5 94:23, 94:25, 95:1, 8:21, 8:23, 12:5, 18:2,
numbers [3] - 15:2, 87:3, 99:9, 99:21, occurring [1] - 95:17 98:1, 98:2, 109:23, 55:15, 58:2, 84:18,
116:4, 193:25 99:23, 100:19, OF [2] - 1:2, 1:15 109:24, 125:5, 158:25, 182:20,
numerically [1] - 106:21, 107:4, offer [13] - 8:9, 46:3, 134:22, 139:16, 190:6, 197:23, 207:19
202:23 109:12, 110:3, 110:9, 46:4, 47:17, 47:20, 143:20, 145:2, 147:2, opposed [4] - 38:21,
numerous [2] - 111:2, 111:10, 49:9, 50:4, 51:5, 52:7, 151:6, 151:15, 45:14, 67:11, 185:20
170:19, 186:5 111:11, 111:20, 90:9, 90:14, 115:11, 151:19, 155:20, opposite [3] -
111:24, 112:4, 112:7, 178:23 158:21, 160:1, 113:13, 153:6, 201:20
112:10, 112:11, offered [6] - 5:5, 161:14, 164:4, 171:1, optimistic [1] -
O 112:17, 113:3, 113:5, 7:16, 121:11, 162:6, 175:6, 175:7, 175:10, 152:23
113:8, 113:10, 176:16, 176:18 175:15, 177:9, options [2] - 101:7,
o'clock [2] - 98:1, 113:18, 114:9, 115:2, offering [11] - 4:25, 177:15, 178:11, 126:2
98:2 116:8, 116:16, 5:1, 9:1, 49:2, 52:3, 181:23, 183:18, OR [2] - 2:4, 2:9
O'Leary [2] - 15:20, 116:23, 116:24, 135:6, 165:1, 176:1, 183:25, 185:9, oral [1] - 198:22
24:22 117:12, 117:16, 176:4, 176:12, 189:23 186:15, 187:1, orally [1] - 202:17
O'Neil [4] - 15:17, 118:5, 118:12, offers [4] - 54:21, 192:14, 199:3, 200:6, order [14] - 3:12, 6:8,
19
7:4, 9:5, 11:4, 55:5, 86:24, 111:13, 171:1, 172:14, 174:2, participating [1] - 175:21
82:16, 96:25, 128:3, 142:23, 176:17, 177:11, 178:3, 18:24 pay [18] - 58:7, 63:9,
181:6, 205:9, 208:10, 201:25 186:20, 192:6, particular [7] - 63:25, 65:24, 66:1,
208:15, 208:17 outstanding [1] - 203:16, 203:18, 11:14, 31:1, 54:4, 79:17, 85:25, 86:12,
ordered [2] - 3:14, 64:6 203:24, 206:9 74:13, 91:19, 92:12, 106:8, 134:23, 135:3,
57:15 overcome [1] - 18:13 Padrick's [6] - 194:14 138:13, 138:16,
OREGON [1] - 1:2 overly [2] - 58:20, 110:19, 125:9, particularly [3] - 140:10, 140:12,
Oregon [41] - 1:6, 195:16 129:14, 147:23, 52:13, 87:21, 185:25 140:13, 190:9, 193:6
7:8, 19:23, 20:1, overrule [1] - 54:24 203:25, 206:11 parties [39] - 3:2, paying [3] - 67:11,
24:23, 25:9, 25:10, overruled [2] - page [20] - 66:17, 8:10, 12:2, 14:19, 151:3, 190:14
27:21, 29:5, 29:15, 10:10, 43:23 66:23, 67:6, 84:12, 16:11, 18:3, 31:3, pays [1] - 104:14
30:4, 34:22, 34:24, Overruled [6] - 86:3, 89:1, 115:22, 115:25, 32:12, 39:13, 45:4, penalty [1] - 151:18
41:19, 74:1, 75:17, 89:7, 94:13, 111:15, 116:3, 116:4, 133:21, 46:8, 52:13, 53:15, pending [1] - 150:18
79:12, 80:6, 87:8, 112:23, 188:8 139:6, 139:20, 53:21, 53:24, 56:3, people [52] - 13:19,
99:18, 99:24, 100:2, oversight [3] - 81:14, 167:24, 169:1, 169:9, 58:1, 59:6, 74:11, 37:2, 38:4, 57:9,
100:9, 100:13, 81:16, 81:20 171:1, 184:2, 185:15 81:11, 83:11, 85:15, 60:14, 62:8, 64:1,
122:19, 132:15, owing [1] - 64:6 pages [1] - 139:17 85:22, 88:3, 94:22, 64:4, 64:7, 64:9,
140:8, 140:16, 144:3, own [21] - 12:16, paid [16] - 65:18, 97:7, 98:9, 120:8, 64:13, 64:21, 65:6,
144:15, 145:12, 27:22, 57:24, 58:19, 67:9, 81:23, 85:22, 150:18, 150:24, 65:19, 65:22, 65:23,
145:23, 155:14, 61:9, 62:15, 63:20, 87:5, 103:3, 104:3, 151:7, 162:10, 68:7, 68:18, 69:4,
156:11, 161:14, 74:2, 74:23, 106:5, 112:19, 133:2, 134:5, 164:21, 179:16, 70:4, 71:16, 75:1,
181:24, 182:6, 182:7, 153:10, 153:11, 134:9, 138:19, 179:23, 195:1, 78:20, 80:2, 86:23,
182:10, 203:8, 210:13 161:9, 167:18, 175:3, 138:22, 138:23, 202:18, 205:8 88:1, 93:6, 102:14,
OregonLive [2] - 175:20, 186:3, 139:1, 140:8 partner [12] - 62:12, 119:21, 126:3,
36:14, 36:15 194:24, 201:10, 209:1 paint [2] - 163:15, 73:2, 74:15, 127:1, 126:15, 128:1, 145:1,
organization [5] - owned [7] - 62:15, 191:21 130:8, 132:19, 145:6, 146:18,
29:20, 34:17, 34:20, 63:23, 73:22, 73:23, panel [6] - 12:15, 154:10, 154:12, 148:15, 150:20,
82:16 139:21, 154:5 13:21, 14:19, 16:20, 154:13, 161:10, 151:2, 154:18, 167:5,
organizations [9] - owner [6] - 68:5, 19:2, 41:25 186:23 167:8, 167:9, 168:7,
21:19, 23:21, 24:25, 68:9, 132:8, 154:2, paper [4] - 13:17, partners [1] - 124:25 168:9, 168:10, 176:6,
25:21, 27:7, 29:8, 185:10 95:20, 95:21, 156:8 partnership [2] - 178:18, 185:14,
75:7, 75:8 owners [5] - 72:24, papers [1] - 105:6 154:13, 154:14 190:15, 191:9, 191:10
Organizations [1] - 109:25, 111:23, paragraph [4] - parts [1] - 111:7 people's [5] - 63:4,
28:12 143:20, 154:18 133:25, 139:7, 140:6, party [21] - 7:10, 70:17, 167:18,
organized [1] - 11:6 owns [1] - 168:15 170:19 11:18, 17:23, 23:15, 175:20, 193:23
oriented [3] - 28:13, paragraphs [1] - 58:2, 59:6, 78:15, per [2] - 69:24, 129:4
77:20 P 188:15 81:1, 86:12, 88:2, percent [9] - 64:19,
original [4] - 103:15, parents [1] - 25:9 152:12, 152:13, 82:3, 82:4, 82:7,
121:14, 121:15, 210:6 park [1] - 78:21 180:11, 181:3, 82:11, 126:13,
Oswego [3] - 20:23, P-a-d-r-i-c-k [1] - parking [1] - 150:21 195:18, 195:22, 126:17, 140:8
21:3, 74:3 72:16 Parkrose [1] - 27:2 196:1, 199:24, percentage [1] -
otherwise [2] - Pacific [1] - 161:10 part [31] - 3:19, 4:9, 208:11, 208:18 95:23
56:24, 202:24 PADRICK [2] - 1:3, 8:16, 11:24, 12:19, past [5] - 20:3, 20:9, perception [1] -
Otherwise [1] - 72:8 26:23, 43:9, 43:19, 35:12, 106:6, 107:13 51:25
196:14 Padrick [53] - 14:23, 49:13, 49:20, 55:13, path [1] - 48:10 peremptory [7] -
ought [2] - 48:4, 16:25, 17:7, 31:5, 74:7, 84:7, 105:14, Pathologists [1] - 12:20, 12:25, 13:1,
207:22 31:8, 31:14, 32:21, 108:7, 112:3, 116:1, 26:21 13:11, 43:17, 43:24,
outcome [3] - 55:18, 41:8, 60:2, 60:11, 118:7, 121:1, 132:8, PATRICIA [1] - 98:15 43:25
129:17, 198:1 60:16, 62:11, 62:15, 136:17, 137:2, Patricia [1] - 98:22 Peremptory [1] -
outcomes [4] - 62:16, 62:25, 64:3, 144:14, 144:21, Patrick [2] - 15:20, 12:21
127:2, 128:5, 128:11, 64:8, 64:10, 66:19, 144:22, 147:4, 168:4, 24:22 perform [2] - 22:9,
128:12 66:21, 66:25, 67:10, 177:2, 190:1, 194:15, Patty [3] - 32:21, 74:12
outdoor [1] - 30:12 72:5, 72:16, 72:22, 197:19 75:3, 98:11 performed [2] -
outline [3] - 7:3, 84:12, 90:23, 106:14, participate [6] - 36:5, pause [2] - 121:17, 74:13, 76:14
14:8, 59:5 116:9, 116:13, 117:2, 36:6, 36:9, 36:10, 142:25 performing [1] - 74:2
120:25, 124:16, 37:2, 201:21 Pause [1] - 7:22 perhaps [2] - 12:1,
outlining [1] - 5:23
124:25, 130:6, participated [2] - 20:11
outrageous [2] - Pause) [1] - 91:11
130:11, 139:1, 139:8, 34:1, 34:5 period [13] - 75:23,
48:6, 69:15 paused [7] - 167:23,
141:16, 142:1, participates [1] - 78:23, 92:18, 92:19,
outside [9] - 18:19, 168:25, 169:8, 170:5,
146:11, 170:20, 36:24 96:9, 105:11, 138:12,
29:9, 45:15, 56:3, 171:18, 173:21,
20
160:9, 160:14, 136:7 plus [1] - 75:15 71:8, 71:21, 71:25, 171:11, 171:16,
160:19, 168:5, pioneering [1] - PLW [1] - 116:12 72:1, 88:4, 89:5, 89:8, 171:24, 171:25,
190:19, 208:21 144:25 PNW [2] - 132:8, 91:4, 91:17, 91:19, 172:4, 172:5, 173:5,
permanent [1] - place [9] - 19:5, 132:17 91:20, 91:21, 91:22, 173:7, 174:12,
207:8 97:17, 132:17, podium [1] - 184:20 91:23, 92:1, 92:9, 176:22, 176:23,
Permanente [1] - 133:12, 135:12, point [11] - 11:21, 92:12, 92:15, 92:25, 178:6, 178:18
27:3 187:23, 195:1, 204:2, 47:16, 47:19, 48:15, 93:11, 93:18, 107:21, potato [1] - 161:8
permits [1] - 54:16 204:3 80:13, 80:22, 82:14, 108:2, 109:3, 109:10, potatoes [1] - 161:8
permitted [3] - placed [2] - 79:10, 146:15, 166:25, 110:9, 110:10, 111:4, Potential [1] - 125:18
54:22, 155:12, 198:10 82:7 189:17, 190:3 119:16, 119:18, potential [24] -
person [18] - 13:13, places [5] - 72:1, pointed [1] - 52:9 130:21, 130:23, 16:16, 19:2, 32:13,
48:12, 57:1, 63:8, 80:8, 166:25, 167:13, points [2] - 19:13, 141:10, 141:14, 32:18, 34:15, 76:20,
76:15, 134:4, 178:11, 181:25 19:20 142:4, 157:5, 157:7, 93:1, 124:24, 124:25,
186:19, 190:4, plaintiff [10] - 3:20, policy [1] - 145:14 157:18, 157:21, 125:14, 125:20,
198:19, 198:20, 12:24, 14:3, 14:14, Ponzi [6] - 79:8, 157:23, 158:1, 126:25, 127:2,
198:25, 199:7, 199:8, 34:4, 71:12, 180:9, 79:14, 79:16, 80:2, 158:10, 158:12, 127:11, 128:2,
199:18, 199:19, 182:1, 200:14, 208:5 82:10, 83:1 158:15, 158:17, 128:16, 128:25,
200:19 Plaintiff [3] - 179:9, Pope [1] - 99:24 159:9, 159:19, 129:17, 129:22,
person's [1] - 198:18 203:15, 203:24 Port [2] - 22:15, 159:20, 160:7, 130:3, 130:7, 130:8,
personal [3] - 34:3, plaintiffs [23] - 14:2, 22:16 160:19, 166:2, 167:4, 130:21
113:11, 200:9 17:3, 17:8, 33:20, portion [5] - 16:12, 167:10, 169:13, potentially [2] -
personality [1] - 42:24, 59:8, 69:20, 38:9, 49:18, 95:15, 172:25, 174:5, 174:7, 77:13, 77:23
123:25 115:9, 124:5, 132:22, 133:22 174:9, 174:10, power [1] - 161:9
personally [2] - 7:24, 180:13, 190:24, portions [1] - 46:2 174:20, 174:22, Power [1] - 161:10
54:12 199:1, 199:2, 199:4, 175:12, 175:16, PR [1] - 189:23
Portland [25] - 1:6,
perspective [7] - 199:9, 199:11, 200:1, 175:18, 176:24, practice [15] - 22:13,
2:4, 2:9, 19:23, 21:12,
5:16, 9:3, 9:15, 10:14, 200:2, 200:12, 178:3, 178:14, 24:16, 24:19, 33:5,
21:15, 21:16, 22:6,
37:23, 206:22, 206:25 200:16, 204:5, 208:16 186:16, 193:20, 73:14, 76:19, 76:22,
22:9, 22:15, 23:10,
persuaded [1] - Plaintiffs [10] - 1:4, 193:22, 194:2 76:24, 82:9, 97:13,
23:18, 24:9, 26:15,
195:24 53:16, 72:9, 98:11, 26:21, 27:2, 28:8, postal [1] - 39:23 97:14, 146:2, 146:4,
persuades [1] - 98:16, 121:19, 122:2, 28:20, 29:13, 35:1, posted [25] - 6:18, 178:2, 178:5
201:6 131:17, 143:1, 143:7 73:12, 99:24, 100:2, 10:7, 37:4, 50:5, practiced [2] - 22:19,
pertaining [1] - PLAINTIFFS [1] - 2:2 144:4, 203:9 60:24, 61:9, 61:10, 144:3
123:22 plaintiffs' [14] - 5:15, pose [1] - 30:23 66:14, 70:8, 94:5, practicing [2] -
pets [1] - 21:3 9:6, 10:14, 33:22, 110:13, 158:5, 73:10, 132:16
posed [2] - 39:14,
Petters [1] - 168:11 53:18, 59:9, 59:11, 159:22, 166:6, practitioner [2] -
61:11
69:13, 182:21, 200:5, 166:11, 166:14, 186:21, 186:22
Ph.D [1] - 29:16 position [8] - 34:16,
200:7, 200:8, 200:9, 166:19, 167:13, preadmitted [2] -
philanthropic [1] - 49:10, 95:22, 96:21,
206:22 171:8, 171:11, 9:8, 9:9
29:20 99:10, 122:22, 182:9,
plan [15] - 46:2, 46:4, 175:16, 186:5, precautionary [1] -
phone [4] - 57:2, 182:14
65:1, 82:16, 82:19, 186:12, 186:13, 45:17
71:7, 78:3, 205:3 positions [3] - 13:20,
86:17, 87:10, 89:25, 193:21 precisely [4] - 61:3,
photographer [1] - 35:6, 53:15
90:5, 90:6, 101:19, posting [31] - 5:7, 67:4, 67:5, 185:19
28:10 positive [1] - 128:11
137:12, 137:15 6:11, 7:6, 46:20, preclude [1] - 49:2
photographic [1] - positively [1] - 37:15
planned [1] - 176:19 46:22, 50:1, 50:12,
36:11 possession [2] - predict [1] - 127:2
planner [1] - 30:6 50:13, 61:8, 61:18,
photography [2] - 117:23, 118:2 prefer [1] - 51:24
planning [4] - 6:2, 66:7, 66:12, 66:13,
28:4, 36:12 possibility [2] - prejudice [2] - 55:19,
6:4, 24:9, 24:21 67:14, 68:19, 70:10,
physical [2] - 13:5, 128:3, 128:6 198:2
play [4] - 23:14, 83:19, 84:1, 86:11,
129:7 possible [5] - 41:15, prejudiced [1] - 7:3
24:13, 25:12, 29:21 87:15, 88:22, 89:2,
piano [1] - 29:21 64:12, 113:5, 152:7, prejudices [1] -
played [9] - 165:19, 89:16, 90:23, 133:19,
pick [2] - 167:8, 153:1 194:25
166:3, 172:20,
168:9 168:2, 169:4, 169:12, possibly [2] - 71:17, preliminary [4] -
186:12, 188:12, 189:6
picked [2] - 167:9, 170:8, 171:21, 109:7 11:20, 11:24, 13:24,
173:24, 175:24, postings [9] - 36:6,
186:6 post [95] - 6:21, 10:6, 101:16
189:12 61:16, 61:19, 141:25,
piece [12] - 13:17, 10:8, 24:10, 46:14, premise [1] - 159:23
player [1] - 36:19 161:24, 174:3,
134:4, 134:6, 134:22, 46:15, 46:17, 50:13, preparation [1] -
177:12, 177:19,
134:23, 134:25, playing [1] - 27:8 51:5, 61:7, 66:8, 101:3
177:24
135:2, 150:20, pleading [3] - 157:8, 66:18, 69:1, 69:2, prepare [9] - 101:7,
posts [16] - 45:5,
150:24, 150:25, 151:1 157:11, 157:13 70:12, 70:13, 70:15, 101:9, 104:16,
92:13, 169:18,
pieces [2] - 9:23, pled [1] - 83:15 70:21, 70:23, 71:1, 116:17, 207:2,
21
207:10, 207:11, 80:5, 96:3, 96:7, 96:9, products [2] - proportionate [1] - 182:1
207:12 105:3, 106:5, 111:23, 126:19, 128:20 104:20 Psychology [1] -
prepared [3] - 101:4, 112:20, 117:3, 117:5, profession [1] - proposed [2] - 124:3
138:6, 201:14 117:17, 143:20, 200:8 181:10, 182:4 psychology [2] -
preparers [1] - 152:3, 153:21, 154:4, professional [7] - proprietary [4] - 73:9, 123:21
104:16 154:17 28:10, 30:11, 99:21, 61:15, 177:17, 178:7, PTA [2] - 34:17, 35:8
preparing [1] - Prius [1] - 129:2 100:12, 117:24, 190:7 Public [1] - 156:11
117:11 private [5] - 18:18, 132:11, 143:25 pros [1] - 117:22 public [3] - 4:7,
preponderance [1] - 43:17, 54:3, 61:7, Professional [2] - prosecute [1] - 67:12 132:14, 194:25
195:23 198:25 19:25, 34:21 prosecuted [1] - publish [3] - 156:12,
presence [1] - 18:19 privilege [2] - 19:19, professor [1] - 29:14 83:14 179:5, 187:25
present [8] - 14:2, 149:15 profit [1] - 88:12 prosecutor [1] - published [13] -
14:3, 56:5, 59:8, privileged [4] - prohibit [1] - 3:18 17:20 33:20, 46:14, 48:20,
59:10, 73:3, 191:2, 113:12, 119:1, 149:8, project [10] - 144:25, prospective [3] - 49:12, 53:17, 114:24,
200:14 149:11 145:18, 145:19, 14:19, 16:20, 44:8 124:1, 156:9, 180:10,
presentation [1] - Privileged [1] - 119:4 146:15, 161:6, 161:7, protect [5] - 7:10, 187:18, 199:7,
58:24 privy [1] - 149:6 161:9, 161:11, 161:13 59:24, 190:1, 190:13 199:17, 199:20
presented [7] - 14:5, Pro [1] - 2:5 projector [1] - 29:3 protecting [1] - publishing [1] -
58:24, 59:12, 186:17, probable [3] - projects [4] - 42:11, 185:8 199:14
194:1, 194:10, 196:1 125:14, 127:18, 130:7 144:14, 145:5, 161:16 protection [2] - 70:9, pull [12] - 66:4,
preside [1] - 200:19 problem [8] - 39:2, promises [1] - 80:14 83:21, 105:24, 106:2,
president [8] - 35:9, 40:16, 58:25, 71:7, 128:10 protects [3] - 194:17, 107:25, 108:4, 120:6,
35:13, 35:19, 74:3, 110:9, 152:21, promising [1] - 198:23, 198:25 133:18, 133:21,
99:9, 100:1, 100:20, 152:25, 159:25 195:7 proud [2] - 154:22, 135:5, 188:5, 188:14
161:17 problematic [1] - promote [3] - 177:2, 154:25 punished [1] - 48:4
presides [1] - 200:21 128:22 189:24, 190:2 provable [1] - 119:19 punitive [1] - 48:8
presiding [11] - problems [1] - promoted [1] - 177:5 prove [20] - 17:20, purchase [5] - 78:25,
200:18, 200:20, 162:17 promoting [2] - 17:23, 51:11, 51:12, 79:25, 103:15, 127:8,
200:23, 201:19, procedure [9] - 65:7, 176:13, 176:16 94:4, 119:21, 171:14, 129:18
201:23, 202:11, 65:8, 137:9, 137:18, promotions [1] - 173:2, 180:16, purchased [3] -
204:1, 204:3, 205:18, 137:19, 138:1, 138:3, 25:11 180:18, 182:12, 103:25, 106:6, 151:1
206:12, 206:14 138:4 promptly [1] - 157:1 187:9, 187:13, 191:2, purpose [13] - 7:15,
presumes [3] - procedures [1] - pronouncing [1] - 193:15, 194:13, 18:4, 47:2, 54:7, 54:8,
191:3, 191:12, 200:16 65:10 39:19 194:14, 199:2, 200:1 54:9, 56:7, 61:19,
presumption [1] - proceeding [6] - 4:7, proof [23] - 54:13, proved [3] - 193:19, 83:10, 97:10, 174:15,
205:17 22:10, 27:10, 27:12, 70:6, 91:25, 92:3, 193:20, 194:3 197:10, 199:14
pretrial [1] - 47:12 95:12, 158:13 93:18, 95:23, 95:25, proven [2] - 192:20, purposes [5] - 65:12,
pretty [7] - 12:6, PROCEEDINGS [1] - 96:2, 110:13, 110:25, 192:21 104:12, 134:3,
145:21, 148:22, 1:15 111:4, 112:17, proves [2] - 109:9, 136:15, 196:15
149:13, 168:22, Proceedings [1] - 119:16, 130:20, 200:15 pursuant [1] - 82:15
180:7, 181:22 209:12 130:23, 157:25, provide [16] - 60:7, pursue [1] - 67:12
prevalence [1] - 77:1 proceedings [8] - 158:4, 160:5, 160:17, 76:3, 91:25, 92:3, put [23] - 6:18, 10:8,
previous [1] - 23:23 26:12, 28:15, 28:24, 180:9, 182:11, 195:22 92:25, 116:18, 15:1, 19:6, 19:13,
previously [1] - 29:10, 121:17, Proof [1] - 197:19 124:15, 132:23, 47:15, 63:10, 64:20,
204:17 142:25, 156:18, 210:5 proper [2] - 137:6, 148:6, 148:17, 75:11, 80:5, 86:17,
price [1] - 134:8 process [22] - 5:12, 169:5 148:19, 149:16, 102:22, 106:25,
primarily [3] - 75:10, 10:22, 11:24, 11:25, properly [1] - 57:18 150:16, 162:6, 173:2, 152:13, 158:20,
79:11, 80:5 12:17, 12:18, 14:8, properties [10] - 176:4 163:22, 165:2, 167:6,
Primarily [1] - 80:6 16:12, 18:13, 19:4, 63:13, 63:20, 63:23, provided [7] - 8:19, 167:7, 177:4, 180:20,
primary [4] - 144:5, 46:21, 64:24, 76:19, 63:24, 65:17, 80:9, 112:8, 119:2, 126:22, 181:19, 182:5
144:7, 145:12, 146:4 77:12, 82:6, 96:18, 85:9, 85:21, 106:7, 149:17, 176:6, 201:20 puts [1] - 37:1
principal [12] - 17:9, 101:25, 102:11, 134:14 provider [1] - 147:8
33:1, 60:2, 60:12, 135:24, 145:10, property [19] - 63:8, provides [3] - Q
68:16, 72:23, 81:24, 152:15, 152:16 64:15, 78:10, 78:20, 137:10, 145:14,
146:12, 154:1, 154:2, produce [2] - 3:12, 78:24, 78:25, 79:25, 145:16
3:14 qualifications [1] -
154:7, 154:11 102:20, 106:9, 134:4, providing [5] -
producer [1] - 20:24 18:6
principally [1] - 134:5, 134:22, 62:11, 128:19,
producing [1] - 48:3 qualified [2] - 78:13,
123:21 134:23, 136:5, 136:6, 150:15, 196:13,
product [1] - 125:23 134:21
principals [19] - 136:7, 140:3, 150:20, 196:17
production [1] - 3:20 qualifies [1] - 78:25
63:17, 63:23, 69:23, 200:7 proving [2] - 171:15,
22
qualifying [1] - raising [4] - 4:4, 48:7, 51:19, 63:1, 48:4, 48:13, 48:22 referring [6] - 32:1,
134:14 30:12, 30:24, 47:12 70:14, 71:9, 74:21, recognize [12] - 90:5, 90:7, 170:3,
queries [2] - 125:9, rancher [1] - 156:6 106:1, 106:3, 114:20, 13:7, 13:12, 32:6, 170:11, 174:10
130:10 ranked [1] - 178:15 140:17, 151:12, 32:20, 33:2, 33:4, refers [1] - 46:20
Quest [1] - 26:17 ranking [2] - 177:21, 152:5, 156:9, 160:1, 63:9, 84:1, 115:21, regard [2] - 124:16,
questioned [2] - 178:5 161:14, 162:15, 136:23, 136:24, 128:1
16:14, 16:15 rate [1] - 133:2 166:16, 169:15, 165:24 regarding [20] - 3:24,
questioning [4] - rates [3] - 148:16, 171:16, 176:8, recognized [7] - 4:3, 5:11, 5:12, 9:23,
12:4, 12:10, 18:20, 193:15, 193:17 177:22, 190:23, 102:5, 103:20, 104:1, 11:25, 23:4, 27:13,
19:6 rather [2] - 4:14, 18:5 191:20 104:10, 105:18, 38:22, 94:11, 95:12,
Questions [1] - Rawson [1] - 17:1 reason [17] - 8:13, 139:19, 140:5 110:20, 156:20,
197:1 reach [8] - 53:3, 11:12, 12:22, 46:12, recollection [3] - 158:2, 169:13,
questions [51] - 133:12, 181:6, 49:11, 50:19, 59:22, 109:6, 120:23, 195:21 170:20, 171:12,
9:22, 11:21, 12:6, 200:24, 201:8, 60:21, 61:21, 68:24, recommend [1] - 171:17, 179:17
12:8, 14:11, 16:12, 201:12, 204:4, 205:20 69:1, 70:14, 180:22, 101:10 Regarding [1] -
16:13, 16:16, 18:1, reached [5] - 101:15, 187:24, 191:3 recommendation [1] 193:14
18:3, 18:4, 18:7, 202:1, 202:15, reasonable [10] - - 101:8 regardless [1] -
18:12, 19:7, 19:9, 202:24, 205:15 17:21, 116:1, 149:7, recontribute [1] - 196:1
19:10, 30:22, 30:23, reaches [1] - 205:1 180:8, 181:3, 190:25, 102:18 Regina [3] - 15:19,
30:25, 32:19, 39:14, reaching [1] - 196:6 191:14, 192:10, reconvene [5] - 24:6, 41:22
39:15, 41:2, 41:4, read [38] - 12:2, 192:12, 200:12 14:19, 46:8, 98:9, register [1] - 175:14
41:22, 42:3, 53:22, 26:22, 36:15, 57:19, reasonableness [2] - 164:21, 205:8 regular [4] - 145:2,
69:21, 90:18, 97:19, 66:20, 68:22, 90:24, 55:20, 198:3 reconvened [1] - 145:21, 146:13,
107:15, 119:22, 94:10, 94:25, 95:1, reasonably [2] - 202:2 147:13
124:18, 124:20, 105:21, 108:10, 180:11, 199:8 record [8] - 23:14, regularly [3] - 35:23,
130:13, 131:1, 141:8, 109:3, 110:2, 118:22, reasoning [1] - 5:7 55:6, 72:14, 98:21, 35:24, 36:2
142:14, 147:18, 140:20, 141:22, reasons [4] - 49:3, 122:7, 131:22, regulations [1] -
151:6, 160:21, 161:3, 155:23, 157:5, 157:7, 79:3, 198:10, 198:15 143:11, 210:4 137:8
162:3, 163:17, 157:11, 157:17, recalling [2] - records [3] - 3:19, reject [1] - 198:13
175:18, 183:9, 157:18, 157:23, 149:24, 157:3 112:16, 117:4 related [8] - 34:7,
190:19, 190:20, 157:25, 158:15, receive [5] - 18:19, recover [2] - 47:5, 35:20, 37:12, 101:2,
201:17 159:5, 159:20, 162:5, 57:17, 136:5, 190:25, 82:11 102:8, 105:6, 105:22,
quick [2] - 40:20, 163:3, 169:25, 200:12 recoveries [1] - 82:9 142:2
80:16 173:18, 182:23, received [30] - 4:18, recovering [1] - relates [1] - 4:1
quickly [2] - 10:22, 185:15, 189:1, 5:9, 14:4, 45:12, 53:7, 82:11 relating [1] - 57:4
19:20 190:22, 195:10, 203:2 54:6, 54:20, 54:25, recovery [1] - 74:8 relationships [1] -
quite [10] - 3:22, reading [4] - 28:4, 55:2, 56:19, 78:3, red [1] - 77:12 145:3
40:1, 49:17, 78:22, 37:2, 139:20, 159:7 82:4, 82:6, 90:13, Redirect [5] - 97:20, relatively [2] - 65:1,
101:1, 113:21, 146:7, reads [4] - 182:6, 115:14, 136:22, 119:23, 131:2, 148:20
154:10, 161:22, 182:8, 203:12, 206:2 170:14, 172:12, 142:15, 160:22 release [1] - 18:23
174:12 Ready [1] - 165:12 174:1, 176:2, 183:22, redirect [2] - 148:1, released [1] - 40:12
quote [1] - 177:2 ready [2] - 184:18, 184:25, 188:10, 158:24 relevant [8] - 7:11,
quoted [1] - 95:24 201:25 196:4, 196:7, 197:9, REDIRECT [2] - 7:15, 47:2, 48:7,
real [25] - 63:24, 197:14, 202:3, 203:6, 120:1, 161:1 49:23, 56:8, 62:3,
R 68:5, 68:8, 68:9, 208:24 reduce [2] - 128:3, 199:15
68:12, 68:15, 68:20, Received [2] - 90:17, 128:6 relied [1] - 7:9
70:9, 71:11, 71:15, 179:3 refer [9] - 9:18, relief [4] - 207:4,
radio [1] - 33:24 receives [1] - 189:1
71:16, 79:11, 80:6, 10:11, 92:23, 136:10, 207:11, 207:14,
radiology [1] - 27:3 receiving [3] -
80:7, 120:22, 150:19, 158:19, 183:5, 207:21
raft [1] - 26:11 170:23, 171:23,
150:24, 150:25, 183:18, 184:23, religious [1] - 34:17
Raise [4] - 98:12, 172:24
151:1, 151:13, 196:16 rely [1] - 58:19
121:21, 131:13, 143:4 recent [2] - 25:9,
151:15, 174:16, reference [2] - 57:22, remain [1] - 204:25
raise [14] - 16:18, 189:19, 189:20, 76:3 133:24 Remain [1] - 205:9
31:3, 33:25, 34:18, 193:22 recess [13] - 14:18, referenced [1] - remaining [2] - 44:8,
36:7, 37:18, 38:6, realize [1] - 164:13 44:18, 45:19, 46:6, 137:21 152:10
38:14, 38:23, 39:2, 46:7, 56:6, 97:25,
realized [2] - 85:23, references [1] - remarks [1] - 69:20
42:1, 43:1, 44:13, 98:1, 98:8, 163:24,
86:13 137:17 remember [21] -
59:1 164:1, 164:20, 205:7
really [30] - 11:23, referred [5] - 88:1, 20:11, 20:14, 20:17,
raised [3] - 34:9, recipient [1] - 94:21
13:8, 23:2, 25:22, 148:11, 150:7, 21:7, 21:23, 23:1,
36:3, 38:7 reckless [4] - 48:2,
29:8, 34:13, 35:22, 154:17, 192:13 23:3, 23:24, 24:2,
23
25:24, 27:11, 31:6, 147:4, 147:15, 150:1, responsibilities [2] - 138:1, 138:3, 138:4, running [1] - 40:22
31:17, 31:19, 78:4, 155:19, 163:9, 85:15, 147:24 140:22, 160:6, 160:18
111:16, 118:10, 163:16, 176:8, 185:9, responsibility [1] - Revenue [4] - 87:8, S
147:10, 150:5, 186:9, 191:1, 191:7, 146:16 87:9, 134:20, 140:17
151:19, 196:24 191:22, 191:24, responsible [6] - revenues [2] - 88:15,
Remember [3] - 191:25, 192:24, 107:8 S-t-a-c-h-l-o-w-s-k-i
40:13, 81:10, 81:11,
98:3, 189:19, 202:22 194:16, 198:18, 100:21, 208:23, 209:1 review [8] - 133:11, - 131:25
[1]
remind [1] - 192:17 200:10, 200:13 rest [4] - 13:21, 44:5, 137:12, 137:22, safekeeping [1] -
remove [7] - 69:2, Reputation [2] - 162:13, 165:10 139:13, 141:3, 208:12
70:21, 92:1, 158:9, 128:12, 147:2 rested [1] - 14:3 141:23, 182:21, 203:5 sales [4] - 40:4, 40:5,
158:12, 168:9, 176:18 reputationally [1] - reviewed [1] - 70:6, 134:8
resting [1] - 179:12
removed [2] - 77:20 137:15 sanctions [3] - 3:11,
restrictions [1] -
110:11, 168:17 reputations [4] - Reynolds [1] - 27:4 49:14, 49:18
57:25
removing [2] - 77:21, 77:23, 187:7, ridiculous [1] - satisfaction [1] -
restructure [6] -
176:19, 176:23 190:1 177:22 102:21
116:18, 151:21,
rendered [3] - 114:1, request [9] - 3:20, riding [2] - 21:21 savings [1] - 69:5
152:1, 152:7, 152:22,
114:3, 199:25 56:13, 173:10, 174:3, 153:2 risk [13] - 125:5, saw [12] - 43:1,
Renewable [1] - 188:13, 188:16, Restructure [2] - 126:22, 126:24, 43:10, 54:12, 105:4,
144:20 207:25, 208:1 116:20, 151:24 127:4, 127:5, 127:9, 105:5, 106:12,
renewable [1] - requested [2] - restructuring [1] - 127:10, 127:11, 130:21, 148:21,
144:24 182:21, 184:16 127:16, 128:5, 192:19, 194:2, 194:8,
116:21
reorganization [3] - requesting [1] - 128:15, 129:6, 129:13 199:19
rests [2] - 179:9,
118:3, 118:10, 118:25 207:21 RMR [2] - 2:7, 210:12 schedule [1] - 57:12
179:14
reorganize [2] - require [1] - 102:15 road [1] - 47:23 scheduling [1] -
result [9] - 64:22,
118:6, 118:13 required [5] - 17:20, Robert [2] - 32:22, 164:24
93:11, 127:10, 128:7,
reorganizing [1] - 59:7, 104:22, 107:1, 159:6, 160:15, 122:8 scheme [6] - 79:8,
117:23 187:15 162:19, 163:9, 181:5 ROBERT [1] - 122:1 79:14, 79:16, 80:2,
rep [2] - 26:16, 40:5 requirements [1] - retain [2] - 76:25, Rodgers [3] - 16:6, 82:10, 83:1
repeat [1] - 18:8 40:15 155:9 16:7, 29:4 school [7] - 21:1,
requires [3] - 18:13, 24:25, 25:20, 34:16,
rephrase [1] - 160:11 retained [1] - 120:14 role [6] - 35:11, 83:2,
57:25, 199:2 39:5, 144:2
report [3] - 57:16, retainer [9] - 111:10, 83:8, 100:24, 144:17,
research [11] - School [2] - 35:4,
104:22, 141:22 111:25, 112:1, 112:2, 145:9
22:25, 45:3, 45:7, 35:13
reported [2] - 140:7, 112:3, 112:12, 113:7, Room [1] - 2:8
57:21, 76:16, 123:13, 113:23, 116:15 schools [1] - 35:9
205:14 room [13] - 37:9,
123:17, 123:23, retired [12] - 21:13, schoolteacher [1] -
REPORTER [1] - 2:7 45:18, 57:3, 58:11,
123:25, 126:10, 147:9 21:14, 23:19, 27:2, 58:18, 61:7, 163:25, 29:16
Reporter [1] - 210:13
researching [3] - 27:4, 27:24, 28:9, 179:22, 200:17, science [2] - 23:19,
reports [2] - 33:24,
69:3, 69:4, 69:16 28:19, 29:16, 39:20, 201:16, 204:12, 99:17
104:18
reserve [1] - 8:14 39:22, 39:23 204:14, 206:18 Science [1] - 124:4
reposted [5] - 50:17,
reside [3] - 21:12, retract [2] - 168:5, root [1] - 48:18 Sciences [1] - 29:15
50:18, 50:24, 167:9,
23:18, 29:5 168:6 rotates [1] - 13:16 scope [3] - 111:13,
167:10
resident [1] - 24:23 return [8] - 57:18, round [1] - 14:17 152:25, 176:17
represent [3] -
111:25, 117:13, resides [1] - 19:23 104:17, 104:22, row [7] - 11:8, 11:9, scrapbooking [1] -
120:18 resolved [1] - 74:8 140:7, 195:13, 11:11, 15:9, 15:23, 24:11
representatives [1] - resources [2] - 30:6, 201:25, 209:6 19:10 screen [5] - 19:6,
175:7 35:20 returned [7] - 74:1, rule [1] - 51:22 19:14, 19:15, 105:25,
respect [3] - 80:23, 82:2, 112:3, 112:5, ruled [2] - 9:10, 108:18
represented [2] -
178:2, 180:19 208:11, 208:16, 48:23 se [2] - 2:5, 69:24
17:3, 196:12
representing [3] - respected [1] - 208:17 rules [13] - 51:20, search [32] - 61:17,
149:9, 162:10, 196:11 101:11 returning [1] - 54:19, 54:23, 56:9, 77:3, 77:12, 125:18,
reputation [42] - respond [7] - 18:7, 200:17 101:22, 102:13, 125:20, 127:17,
19:13, 30:24, 48:11, returns [10] - 101:3, 102:15, 103:5, 127:19, 127:20,
59:24, 60:3, 60:6,
57:15, 207:20, 207:25 101:7, 101:9, 105:6, 134:21, 145:17, 128:1, 128:3, 130:10,
60:17, 60:22, 62:10,
response [13] - 37:3, 105:17, 106:23, 145:20, 145:24, 197:4 161:20, 166:17,
62:18, 67:17, 67:18,
47:8, 169:14, 170:23, 106:25, 137:22, ruling [6] - 7:7, 8:15, 168:19, 175:25,
67:25, 76:11, 77:22,
171:8, 171:22, 138:6, 141:23 49:6, 49:9, 49:18, 176:3, 176:7, 176:12,
93:12, 125:4, 127:24,
172:19, 172:22, revenue [15] - 65:10, 197:5 176:15, 177:2, 177:6,
128:9, 128:17,
173:6, 173:10, 88:11, 92:14, 109:10, rulings [1] - 6:7 177:8, 177:9, 177:10,
129:10, 129:12,
173:13, 173:14, 110:25, 137:9, 177:16, 177:24,
129:25, 145:6, run [3] - 25:13,
188:25 137:17, 137:19, 178:7, 178:8, 178:19,
146:21, 146:25, 123:14, 208:21
24
189:23, 190:8 139:11, 165:10, 116:16, 125:14, 92:9 sixth [1] - 13:15
searches [3] - 126:4, 170:18, 170:21, 125:23, 128:20, show [15] - 9:19, size [2] - 88:14,
126:14, 130:5 171:2, 171:5, 176:15, 129:7, 147:8, 150:14, 9:25, 46:13, 59:6, 207:5
searching [3] - 179:23, 185:16, 150:15, 155:5, 114:18, 117:4, ski [1] - 26:22
57:22, 126:8, 127:13 185:18, 185:21, 176:12, 176:16 142:10, 180:9, 183:4, skip [1] - 34:14
seat [11] - 11:6, 187:10, 188:23, Service [1] - 87:8 187:11, 187:15, skipped [1] - 4:5
11:16, 13:14, 15:8, 190:17, 191:3, 191:6, Services [1] - 128:22 187:21, 189:4, slander [1] - 198:22
17:11, 17:15, 19:18, 197:24, 205:16 services [27] - 60:7, 194:10, 194:15 slightly [1] - 164:11
44:10, 44:17, 180:2, seeing [1] - 160:6 74:2, 74:12, 74:14, shown [1] - 84:2 Slope [1] - 35:8
185:5 seek [2] - 207:8, 76:4, 76:14, 88:3, shows [2] - 46:21, small [4] - 25:4,
seated [18] - 11:4, 207:11 112:7, 112:19, 48:2 106:1, 106:3, 164:4
11:19, 13:3, 13:9, seeking [2] - 4:1, 116:18, 117:14, shred [1] - 187:1 snow [1] - 28:3
14:20, 15:3, 16:22, 45:15 126:19, 126:22, side [12] - 10:17, soccer [2] - 25:12,
52:17, 57:11, 98:24, seem [1] - 116:1 127:17, 128:23, 12:5, 31:14, 31:15, 35:9
122:13, 132:1, segregated [1] - 82:5 129:13, 129:15, 54:22, 59:3, 69:25, social [1] - 36:22
143:14, 165:14, select [3] - 101:8, 150:13, 176:1, 176:3, 75:4, 87:22, 87:23, societies [1] - 30:11
205:9, 205:12 147:7, 200:18 177:3, 189:23, 88:13, 113:13 Society [3] - 26:20,
seating [2] - 11:17, selected [4] - 10:20, 189:24, 193:15, sides [3] - 4:25, 14:4, 29:19, 35:18
15:8 18:25, 19:3, 147:5 193:17, 194:5, 206:16 38:13 socks [1] - 127:7
seats [3] - 11:3, 11:6, selecting [3] - 14:22, session [2] - 54:2, sign [4] - 148:9, softball [3] - 25:2,
13:3 16:23, 200:23 197:13 201:23, 204:1, 204:3 36:14, 36:20
SEC [1] - 71:14 sell [6] - 61:4, 62:21, set [5] - 12:19, 71:3, signal [1] - 59:1 software [2] - 40:15,
Second [1] - 7:5 63:8, 78:20, 106:8, 87:4, 126:1, 184:21 signature [5] - 116:9, 119:5
second [22] - 4:2, 161:9 sets [1] - 148:12 206:13, 210:6, 210:7 solar [14] - 144:13,
13:12, 13:14, 20:4, seminar [2] - 123:13, setting [1] - 18:10 signed [16] - 69:23, 144:17, 144:25,
50:8, 66:17, 66:23, 123:14 settled [1] - 157:1 96:6, 96:7, 96:8, 97:4, 145:10, 145:13,
89:10, 114:22, 115:9, send [3] - 173:6, seven [2] - 100:2, 97:6, 97:7, 97:8, 97:9, 145:24, 155:14,
115:25, 125:3, 202:10, 202:18 100:5 111:24, 116:13, 155:21, 156:7, 156:8,
127:21, 133:24, sending [1] - 37:2 several [10] - 27:25, 117:6, 202:11, 161:6, 161:7, 161:16
139:7, 150:19, sends [2] - 156:8, 35:6, 117:18, 117:19, 202:13, 206:12, 210:7 sold [10] - 74:7, 74:9,
150:23, 150:24, 189:13 146:6, 162:24, significant [4] - 103:11, 103:13,
150:25, 170:18, senior [5] - 17:8, 166:17, 170:21, 78:10, 87:21, 91:7, 104:6, 106:7, 134:7,
191:12, 203:22 60:2, 72:23, 74:25, 171:11, 171:16 91:8 134:13, 150:20,
secretary [1] - 24:8 99:25 Several [1] - 34:19 significantly [1] - 150:25
secretive [1] - 12:23 sense [8] - 65:25, Shakes [1] - 169:22 107:10 solely [3] - 195:5,
secrets [1] - 149:14 76:1, 82:22, 86:5, Shane [2] - 16:10, signing [1] - 210:3 197:14, 202:4
section [5] - 34:24, 87:17, 93:20, 145:1, 30:3 similar [1] - 95:6 solve [1] - 40:16
36:16, 78:15, 120:7, 148:22 share [3] - 104:20, simplest [1] - 103:1 someone [5] - 37:24,
134:19 sensitive [1] - 18:18 138:12, 203:3 Simply [1] - 11:21 153:4, 185:25,
Section [2] - 79:1, sent [10] - 9:18, 10:6, shared [2] - 31:24, simply [10] - 4:13, 198:19, 199:18
105:11 10:7, 87:7, 87:8, 92:6, 32:4 4:21, 12:17, 55:25, sometimes [1] -
Securities [1] - 43:5 156:11, 176:6, 186:6 shareholders [17] - 59:1, 59:5, 144:22, 197:8
See [3] - 98:6, sentences [1] - 65:19, 79:8, 79:9, 193:21, 201:7, 201:12 Sometimes [1] - 55:5
152:12, 164:18 141:23 80:18, 80:20, 83:13, sincerely [1] - 18:7 somewhat [2] -
see [59] - 17:13, separate [2] - 61:11, 83:15, 83:16, 83:18, singer [1] - 22:10 128:8, 204:25
19:8, 19:15, 39:13, 80:12 120:18, 120:19, single [4] - 23:10, somewhere [2] -
47:2, 55:16, 58:23, separated [2] - 134:12, 136:20, 39:4, 177:20, 195:9 89:19, 126:12
60:19, 62:4, 62:5, 203:19, 203:22 136:22, 136:23, sit [4] - 13:6, 16:7, son [4] - 24:8, 24:13,
63:15, 64:8, 66:6, separately [2] - 153:19 18:22, 39:1 30:4, 30:12
66:8, 66:9, 66:18, 204:4, 204:5 sheet [1] - 29:2 site [7] - 89:6, 89:8, soon [1] - 13:12
67:8, 68:9, 71:18, sequence [1] - 11:17 sheets [1] - 27:16 89:9, 89:17, 89:19, Sorry [4] - 93:16,
77:4, 84:5, 84:12, series [1] - 19:7 Shenkman [3] - 16:1, 89:21, 168:13 96:12, 158:23, 204:7
88:21, 88:25, 89:18, served [5] - 21:22, 27:1, 44:3 sites [9] - 89:2, 89:3, sorry [5] - 50:23,
90:23, 98:4, 106:4, 29:22, 34:15, 35:6, Shirley [2] - 16:4, 89:4, 89:23, 89:24, 94:19, 96:13, 139:16,
106:10, 106:11, 35:12 25:17 91:1, 166:24, 168:17, 158:23
106:17, 106:18, service [23] - 13:22, shop [1] - 26:9 193:1 sort [6] - 40:16, 71:4,
106:23, 106:24, 27:23, 38:23, 39:23, shortcut [1] - 129:24 situation [3] - 129:7, 129:23, 152:9,
115:16, 116:4, 44:6, 57:14, 59:19, Shortly [2] - 90:25, 138:10, 151:7, 151:18 152:16
120:13, 133:22, 64:16, 77:8, 113:7, 92:12 six [2] - 151:16, sought [1] - 3:20
133:24, 133:25, 113:25, 114:3, shortly [2] - 90:25, 151:17 source [8] - 6:10,
25
7:10, 49:12, 50:14, Stachlowski's [1] - 13:25, 14:1, 19:11, 186:15, 193:3, success [3] - 74:12,
52:3, 125:1, 125:16 33:4 33:21, 46:15, 46:16, 193:24, 207:8 146:22, 146:25
sources [2] - 45:15, staff [2] - 60:14, 47:14, 47:15, 49:11, stole [1] - 97:8 successful [2] -
68:22 106:22 53:17, 53:21, 53:23, stolen [8] - 64:5, 152:2, 162:24
Southeast [2] - stairs [1] - 122:12 53:25, 61:23, 62:4, 64:7, 64:10, 64:21, sue [1] - 171:13
23:10, 26:15 stamping [1] - 24:12 62:5, 66:2, 70:22, 65:23, 80:4, 86:12, suffer [2] - 191:24,
Southwest [3] - stand [5] - 16:18, 87:19, 91:14, 105:21, 94:21 191:25
21:12, 23:18, 29:13 17:13, 44:13, 72:5, 132:24, 133:7, stop [5] - 73:13, suffered [2] - 38:5,
spaces [1] - 201:20 72:17 133:16, 139:4, 141:4, 174:1, 174:3, 188:16, 200:16
spans [1] - 139:17 standard [7] - 65:1, 142:6, 162:5, 170:20, 190:15 suffering [3] - 191:1,
spatter [1] - 163:15 65:7, 97:13, 97:14, 170:25, 173:3, 174:2, stopped [1] - 178:21 200:11, 200:14
speaks [1] - 196:13 124:8, 133:2, 148:20 180:17, 180:19, stops [1] - 80:2 Suffice [1] - 4:17
special [5] - 21:1, standards [1] - 7:8 180:23, 180:24, stories [3] - 69:6, suggest [2] - 199:24,
54:3, 181:16, 201:14, standing [1] - 128:13 186:3, 188:17, 69:19, 70:17 202:6
201:24 stands [1] - 202:23 188:18, 188:20, story [7] - 37:11, suggested [3] - 78:5,
specialist [1] - 26:17 start [12] - 10:17, 188:21, 192:1, 151:11, 162:14, 78:6, 78:7
specializing [1] - 11:7, 51:17, 75:9, 192:11, 196:12, 167:8, 168:10, suggesting [1] -
28:10 77:2, 93:4, 93:5, 98:2, 196:14, 196:19, 176:19, 193:23 47:22
specialty [2] - 30:5, 103:19, 112:9, 196:21, 199:12, straightforward [1] - suggestion [1] -
40:5 125:11, 135:13 199:14 84:14 195:12
specific [10] - 9:23, started [17] - 46:17, states [5] - 25:2, strangers [1] - 18:11 suing [1] - 71:2
30:22, 67:7, 92:22, 68:19, 68:21, 69:16, 87:16, 132:15, 140:6, stricken [2] - 55:5, Suite [1] - 2:3
101:22, 137:20, 69:17, 73:10, 73:20, 140:16 197:6 summarizing [1] -
139:4, 160:14, 74:1, 79:19, 100:6, STATES [2] - 1:1, strict [2] - 7:8, 46:25 59:14
160:15, 182:24 111:16, 143:23, 1:17 string [1] - 12:7 summary [1] - 53:15
specifically [4] - 154:1, 165:6, 176:7 States [3] - 2:8, strong [6] - 37:14, Summit [130] - 41:18,
38:2, 124:17, 176:4, starting [2] - 117:10, 21:20, 203:8 37:16, 38:2, 38:5, 41:25, 42:6, 43:4,
177:1 189:24 statistics [1] - 42:5, 177:6 63:2, 63:3, 63:18,
spectator [1] - 23:22 starts [1] - 149:22 123:15 strongly [1] - 37:17 64:16, 65:3, 65:14,
speculate [1] - 79:11 State [7] - 23:20, stats [1] - 176:15 structural [1] - 65:19, 68:10, 68:12,
speculation [1] - 25:10, 99:18, 100:9, status [1] - 146:14 123:16 68:20, 69:22, 77:25,
195:4 123:1, 123:3, 123:5 statute [1] - 154:7 structure [5] - 60:9, 78:2, 78:7, 78:8, 78:9,
Spell [2] - 122:9, state [16] - 20:10, stay [1] - 29:5 63:17, 76:5, 84:21, 78:11, 78:13, 79:6,
131:24 47:1, 72:13, 98:20, stealing [3] - 63:21, 87:5 80:4, 80:11, 80:13,
spell [1] - 143:12 100:13, 122:6, 79:9, 79:19 structuring [3] - 80:25, 81:3, 82:7,
spelling [1] - 130:11 131:21, 140:19, steals [1] - 86:7 67:20, 75:10, 92:19 82:13, 82:15, 83:13,
spend [3] - 4:19, 143:11, 144:14, steelworker [1] - struggling [3] - 83:15, 84:16, 94:11,
5:13, 205:2 145:12, 145:14, 24:24 48:16, 49:21, 159:23 94:21, 96:3, 96:7,
spent [3] - 60:2, 145:23, 146:24, step [18] - 14:16, Studebaker [4] - 96:17, 97:1, 97:4,
60:3, 161:23 155:14, 198:10 45:23, 72:6, 85:17, 5:21, 7:14, 7:24, 97:6, 97:9, 100:24,
spill [1] - 77:17 statement [42] - 97:22, 101:24, 102:3, 49:25 101:2, 101:14,
spill-over [1] - 77:17 5:20, 5:23, 7:2, 8:8, 102:6, 102:10, student [1] - 35:8 101:19, 102:7, 102:8,
spilled [1] - 87:22 47:3, 48:19, 49:7, 102:12, 121:8, stuff [2] - 70:7, 105:1, 105:3, 106:5,
spirited [1] - 48:22 50:1, 51:8, 52:7, 121:21, 131:4, 161:21 109:13, 109:14,
52:11, 59:4, 59:7, 131:13, 135:24, subject [3] - 6:11, 109:15, 109:20,
splatter [1] - 191:21
59:17, 68:2, 82:18, 142:17, 163:18, 66:18, 162:20 109:21, 110:20,
sponsorship [3] -
85:24, 96:11, 106:4, 163:25 submit [5] - 6:19, 111:9, 111:11,
123:10, 123:11,
106:14, 106:21, Step [2] - 98:12, 7:4, 46:5, 164:14, 111:22, 111:23,
123:23
107:22, 108:15, 143:3 192:11 112:3, 112:5, 112:8,
sports [7] - 23:22,
108:16, 108:23, Stephanie [2] - 5:21, submitted [2] - 5:20, 112:11, 112:19,
28:3, 28:11, 123:9,
133:11, 133:13, 49:25 181:17 112:20, 113:7,
123:10
139:14, 139:15, steps [1] - 135:19 submitting [1] - 113:19, 114:6, 114:9,
spot [2] - 13:8, 151:4
139:24, 141:5, Stevens [1] - 139:22 208:11 116:8, 116:17,
spouse [2] - 24:23,
141:15, 141:17, sticking [1] - 69:17 subpoena [1] - 172:8 116:23, 117:3, 117:5,
27:21
141:20, 141:25, still [21] - 13:3, 13:9, subprime [1] - 74:4 117:13, 117:16,
squander [1] - 86:9
160:1, 170:24, 47:15, 61:24, 64:6, subscribed [1] - 117:17, 118:6,
Stachlowski [6] -
180:10, 185:13, 66:16, 70:20, 74:16, 185:16 118:19, 118:21,
32:22, 67:3, 85:19,
187:25 75:23, 82:11, 82:13, substantial [1] - 19:1 119:2, 119:6, 119:14,
131:12, 131:23, 132:5
statements [53] - 83:10, 88:23, 151:7, 120:14, 120:15,
STACHLOWSKI [1] - substitute [1] -
4:13, 8:17, 8:18, 163:1, 163:2, 176:24, 133:8, 134:12,
131:16 195:16
26
135:24, 136:20, system [7] - 37:15, 141:16, 141:23, 6:9, 6:22, 8:8, 49:6, 30:2, 30:16, 30:20,
136:21, 137:13, 37:23, 38:3, 40:12, 142:1, 142:5, 144:18, 49:24, 52:2, 55:25, 31:7, 31:12, 31:17,
146:10, 147:24, 58:24, 61:15, 69:8 145:10, 145:13, 192:6, 197:21, 198:7 31:21, 32:1, 32:3,
148:4, 148:6, 149:1, systems [1] - 22:3 145:14, 145:16, testifying [8] - 6:13, 32:7, 32:11, 32:17,
149:6, 149:9, 149:15, 146:5, 146:9, 151:18, 7:17, 8:3, 55:17, 32:23, 33:2, 33:6,
149:19, 150:13, T 155:14, 155:21, 116:22, 141:20, 33:10, 33:13, 33:18,
150:16, 150:17, 157:7, 161:13, 163:7, 164:7, 198:1 34:8, 34:11, 34:13,
150:21, 150:22, 169:5, 171:1, 172:14, Testimony [1] - 34:23, 35:2, 35:5,
150:23, 151:2, table [2] - 17:6, 174:3, 180:19, 197:6 35:16, 35:21, 36:13,
151:21, 152:3, 45:24 186:13, 186:20, testimony [53] - 5:9, 36:15, 36:22, 37:8,
153:19, 154:3, 154:5, Tabor [1] - 28:8 186:22, 186:23, 5:22, 5:25, 7:3, 29:24, 37:10, 37:13, 37:22,
154:16, 154:20, Talbot [1] - 99:24 188:12, 188:22, 46:3, 49:3, 53:6, 38:1, 39:7, 39:11,
154:23, 155:1, 155:4, talks [5] - 40:5, 189:6, 191:19, 53:22, 54:11, 55:11, 39:17, 41:3, 41:23,
155:6, 162:8, 171:12, 66:23, 84:7, 116:5, 193:12, 193:13, 55:14, 55:20, 55:21, 42:4, 42:15, 42:24,
171:16, 178:4, 189:15 120:8 194:11 58:7, 58:13, 58:15, 43:3, 43:7, 43:11,
Summit's [2] - tangible [3] - 128:8, Tax [8] - 95:9, 108:2, 58:16, 60:5, 61:13, 43:13, 43:16, 43:23,
135:13, 150:19 129:5, 129:7 108:9, 108:10, 132:8, 64:25, 71:6, 112:22, 44:1, 44:10, 44:16,
sunny [1] - 144:14 tarnished [1] - 132:17, 141:19, 142:8 148:5, 163:21, 165:3, 44:17, 45:21, 45:23,
Sunset [1] - 35:3 191:22 taxable [4] - 136:4, 165:17, 165:18, 46:6, 46:9, 46:23,
Sunwest [1] - 101:13 taught [2] - 123:5, 136:8, 136:16, 139:20 168:1, 168:4, 169:3, 47:22, 48:17, 49:4,
supervised [4] - 123:7 taxation [2] - 132:14, 169:11, 170:7, 49:13, 50:3, 50:10,
146:20, 152:16, tax [139] - 7:18, 24:8, 137:10 171:20, 173:23, 50:16, 50:23, 51:3,
154:24, 162:8 60:10, 60:19, 61:1, taxes [11] - 63:9, 175:23, 178:24, 51:10, 51:15, 51:19,
supply [1] - 144:24 61:3, 61:18, 62:13, 65:24, 66:1, 67:11, 186:1, 189:11, 52:12, 52:17, 68:2,
support [4] - 7:6, 62:19, 63:7, 63:10, 86:20, 87:5, 104:14, 189:19, 196:3, 196:7, 72:3, 72:6, 72:13,
95:20, 95:22, 145:13 63:13, 63:16, 65:12, 138:8, 138:13, 140:10 196:14, 196:18, 72:15, 72:17, 72:18,
supporting [1] - 65:15, 65:17, 65:21, taxpayer [1] - 134:20 197:9, 197:17, 86:3, 86:4, 89:7, 89:8,
145:24 65:22, 66:2, 66:24, teach [5] - 123:8, 197:22, 198:3, 198:4, 89:10, 90:11, 90:13,
supposed [5] - 66:25, 67:3, 67:4, 123:11, 123:12, 198:11, 198:12 90:15, 90:17, 90:19,
40:17, 65:12, 67:5, 67:7, 67:20, 68:6, 123:13 testing [2] - 26:17, 91:13, 93:13, 93:16,
87:16, 101:23 69:4, 71:23, 75:1, technical [3] - 35:19, 35:14 93:25, 94:7, 94:13,
supposedly [1] - 75:12, 78:15, 79:2, 85:3, 95:19 tests [1] - 40:6 94:17, 94:20, 96:11,
159:17 84:7, 84:9, 84:13, technically [1] - text [1] - 57:2 96:13, 97:20, 97:22,
surprising [1] - 84:15, 85:18, 85:25, 154:12 THE [334] - 1:1, 1:2, 98:6, 98:10, 98:12,
192:6 86:12, 86:16, 86:23, technology [3] - 1:16, 2:2, 2:5, 3:3, 98:20, 98:22, 98:24,
surveying [1] - 20:6 86:24, 88:5, 91:14, 61:14, 185:17, 190:7 3:6, 6:1, 6:12, 6:16, 99:2, 99:3, 99:4,
91:21, 92:13, 95:10, television [2] - 6:23, 7:20, 7:22, 8:2, 99:12, 99:13, 107:17,
surveyor [2] - 19:24,
99:23, 100:1, 100:4, 17:19, 33:24 8:5, 8:11, 8:14, 8:25, 108:4, 110:16,
37:9
100:15, 100:18, temporally [1] - 9:9, 9:22, 10:2, 10:10, 111:15, 111:16,
Surveyors [2] - 20:1,
100:21, 101:3, 101:7, 155:8 10:13, 10:16, 10:20, 112:23, 112:25,
34:21
101:9, 101:16, tends [2] - 128:7, 10:24, 11:1, 11:2, 114:14, 114:17,
Susan [2] - 16:10,
101:22, 102:13, 14:11, 14:13, 14:16, 114:21, 114:22,
29:12 198:18
102:15, 103:1, 103:3, 14:20, 14:21, 15:6, 114:23, 114:24,
suspect [1] - 51:21 term [4] - 38:22,
103:4, 103:5, 103:6, 15:7, 15:10, 15:11, 115:4, 115:9, 115:14,
sustain [2] - 54:25, 168:10, 178:8, 178:12
103:9, 103:17, 104:2, 15:13, 15:22, 15:24, 115:17, 117:18,
55:2 terms [16] - 7:6,
104:16, 104:17, 16:7, 16:10, 16:11, 119:23, 121:8,
sustained [1] - 89:11 84:22, 84:24, 84:25,
104:22, 104:24, 16:21, 16:22, 17:11, 121:11, 121:14,
Sustained [4] - 94:7, 87:18, 88:17, 107:8,
105:2, 105:6, 105:14, 17:15, 19:18, 20:4, 121:15, 121:20,
110:16, 155:17, 158:7 114:11, 126:7,
105:16, 105:22, 20:7, 20:14, 20:17, 121:21, 122:6, 122:8,
swearing [1] - 17:1 128:19, 137:1, 137:3,
106:8, 106:16, 20:20, 21:7, 21:10, 122:9, 122:10,
switch [2] - 62:23, 147:6, 148:14,
106:23, 106:25, 21:23, 22:1, 22:4, 122:11, 130:15,
83:19 164:24, 178:19
107:2, 132:19, 133:7, 22:12, 22:17, 22:22, 131:2, 131:4, 131:7,
sworn [16] - 11:20, testified [11] - 55:16,
133:16, 134:2, 23:1, 23:8, 23:16, 131:9, 131:10,
16:20, 44:15, 72:6, 87:25, 100:14,
134:23, 135:3, 136:2, 23:24, 24:2, 24:5, 131:13, 131:21,
72:10, 98:17, 122:3, 108:17, 113:6, 117:2,
136:10, 136:13, 24:15, 24:18, 25:5, 131:23, 131:24,
131:18, 143:3, 143:8, 129:11, 141:19,
136:15, 137:8, 137:9, 25:14, 25:16, 25:24, 131:25, 132:1, 135:8,
196:3, 196:14, 159:19, 192:4, 197:24
137:22, 138:6, 26:3, 26:5, 26:13, 141:9, 142:13,
196:17, 203:13, testifies [7] - 7:13,
138:16, 139:10, 26:25, 27:11, 27:15, 142:15, 142:17,
204:10, 206:3 9:12, 72:10, 98:17,
140:7, 140:12, 27:18, 28:6, 28:16, 142:21, 142:24,
sympathy [1] - 122:3, 131:18, 143:8
140:13, 140:18, 29:1, 29:11, 29:24, 143:3, 143:4, 143:11,
194:25 testify [11] - 5:24,
140:21, 141:5, 143:13, 143:14,
27
147:19, 155:17, third-party [1] - 7:10 133:12, 135:11, treatment [7] - 7:18, 107:1, 117:23, 118:4,
158:7, 158:24, Thirty [1] - 81:25 152:15, 182:4, 195:6 84:9, 85:18, 101:16, 118:7, 128:9, 128:17,
159:25, 160:22, thousands [1] - tool [1] - 147:9 104:24, 133:16, 169:5 133:9, 133:17,
163:18, 163:23, 172:4 top [13] - 27:17, tremendous [1] - 135:15, 135:17,
164:4, 164:9, 164:13, threatening [1] - 61:16, 84:5, 99:1, 81:16 135:18, 135:24,
164:16, 164:18, 171:13 108:9, 108:10, trial [38] - 3:5, 3:23, 136:1, 136:18,
164:22, 165:7, Three [1] - 189:5 177:14, 177:16, 10:18, 10:21, 13:6, 137:11, 137:16,
165:10, 165:12, three [26] - 3:10, 177:20, 178:5, 178:7, 13:21, 14:17, 15:4, 137:23, 138:5, 138:7,
165:14, 178:25, 11:3, 13:16, 25:2, 178:15, 188:14 18:16, 18:23, 18:24, 138:9, 138:13,
179:3, 179:6, 179:9, 29:14, 30:4, 40:24, topic [1] - 50:6 21:25, 24:1, 24:3, 138:14, 138:15,
179:11, 179:14, 70:9, 74:25, 83:16, Torp [2] - 2:2, 69:13 31:12, 38:15, 38:19, 138:19, 138:20,
180:2, 180:6, 181:2, 83:17, 86:23, 88:7, tossing [1] - 47:8 44:25, 52:21, 53:11, 138:22, 138:24,
181:11, 181:12, 117:9, 118:23, 123:2, total [3] - 75:16, 56:2, 56:15, 57:10, 139:9, 139:10,
181:13, 181:15, 124:20, 124:23, 166:18, 166:19 58:1, 58:3, 58:9, 59:3, 139:18, 140:5, 140:9,
182:16, 182:18, 148:21, 168:5, Touche [2] - 100:4, 70:24, 71:3, 157:6, 140:10, 140:11,
182:24, 183:3, 172:19, 188:11, 100:6 175:9, 175:16, 140:12, 140:13,
183:11, 183:13, 189:12, 194:11, toward [1] - 69:20 179:20, 182:13, 140:22, 140:24,
183:16, 183:22, 199:6, 200:9 towards [1] - 193:18 195:12, 195:14, 141:1, 141:2, 142:2,
183:25, 184:5, 184:7, three-month [1] - track [3] - 46:18, 197:15 169:6
184:8, 184:10, 168:5 46:19, 172:9 TRIAL [1] - 1:14 Trustee [1] - 119:11
184:11, 184:12, three-year-old [1] - trade [3] - 83:3, 83:4, trials [1] - 29:23 trustee [26] - 68:13,
184:15, 184:18, 30:4 200:7 tried [8] - 64:16, 68:17, 69:7, 69:9,
184:22, 185:4, 188:8, throughout [3] - train [1] - 32:4 92:23, 93:4, 93:5, 69:12, 69:13, 69:22,
193:10, 194:6, 25:2, 56:15, 185:24 training [1] - 28:13 162:16, 162:23, 81:5, 81:8, 81:9,
194:19, 204:7, 204:8, throwing [1] - 26:1 187:14, 205:6 81:10, 81:14, 83:6,
transaction [5] -
204:11, 204:16, thrust [1] - 149:10 trips [1] - 27:23 83:9, 86:10, 96:4,
60:20, 76:6, 88:14,
204:21, 204:23, Tibet [1] - 27:24 trivia [1] - 28:22 96:17, 97:12, 97:15,
136:4, 150:23
205:9, 205:10, tied [2] - 70:3, 70:5 trouble [2] - 139:5, 106:15, 113:11,
transactions [5] -
205:12, 205:19, 160:10 119:8, 119:9, 139:8,
Tigard [2] - 25:18, 75:11, 134:15,
205:20, 205:22, troubled [1] - 162:11 147:24, 155:6
29:5 135:11, 142:2, 146:6
205:23, 205:25, troubling [1] - Trustee's [3] - 81:17,
tight [1] - 12:6 TRANSCRIPT [1] -
206:1, 206:15, 161:22 96:19, 97:2
title [5] - 66:8, 66:12, 1:15
206:16, 206:21, true [25] - 7:18, trustee's [1] - 68:17
107:22, 189:7, 203:9 transcript [5] - 46:1,
206:24, 207:2, 207:9, 17:24, 47:4, 47:10, trustees [1] - 97:14
titled [1] - 210:5 46:2, 58:6, 210:4,
207:19, 208:5, 208:7, 50:5, 51:5, 51:7, trusts [1] - 146:8
today [31] - 3:3, 5:22, 210:6
208:9, 208:10, 51:10, 52:7, 69:2, trustworthiness [7] -
38:11, 38:15, 38:17, transfer [20] - 84:22,
208:13, 208:23, 70:13, 70:15, 70:18, 60:17, 125:4, 127:24,
38:21, 46:3, 59:19, 85:6, 102:14, 103:17,
209:5, 209:8 96:10, 151:11, 162:4, 129:10, 129:12,
59:22, 60:21, 61:21, 105:13, 135:13,
theft [2] - 66:1, 80:10 162:5, 180:17, 129:25, 147:15
61:24, 61:25, 66:16, 135:16, 135:17,
themselves [3] - 180:20, 186:18, trustworthy [5] -
70:14, 82:12, 147:11, 135:22, 135:25,
61:4, 62:21, 154:17 187:8, 195:25, 199:3, 62:19, 67:19, 77:16,
153:25, 159:19, 136:2, 136:8, 136:13,
thereafter [1] - 91:7 199:13 146:22, 186:10
185:11, 186:11, 137:2, 137:7, 138:18,
Therefore [1] - truly [1] - 44:12 truth [6] - 7:16, 48:3,
187:6, 190:12, 140:1, 140:4, 140:24
195:19 Trust [1] - 128:9 50:25, 51:3, 133:13,
192:22, 193:2, 193:3, transferred [18] -
therein [1] - 129:9 trust [86] - 65:4, 182:12
194:2, 194:5, 194:9, 65:4, 65:14, 65:17,
They've [2] - 64:20, 207:17 65:20, 80:25, 85:2, 65:14, 65:20, 65:24, truthfully [1] - 16:16
167:10 Todd [1] - 75:3 85:4, 85:5, 85:9, 81:19, 82:15, 82:20, try [23] - 4:14, 44:12,
they've [5] - 12:2, together [5] - 40:22, 85:21, 101:21, 102:1, 82:21, 82:24, 82:25, 57:23, 64:3, 64:9,
62:8, 62:10, 88:1, 75:12, 78:8, 86:17, 102:16, 103:12, 83:6, 84:10, 84:23, 64:11, 65:8, 86:10,
142:7 163:22 104:3, 104:4, 105:19, 85:2, 85:4, 85:5, 91:1, 92:4, 93:1,
thick [1] - 26:22 Tom [1] - 168:11 136:17 85:10, 85:21, 86:20, 147:14, 152:23,
thief [1] - 86:13 transfers [1] - 135:21 86:25, 87:6, 90:1, 160:11, 167:15,
tomorrow [5] -
thinks [2] - 52:6, 38:16, 38:17, 38:21, travel [2] - 23:21, 101:22, 102:18, 174:15, 177:18,
54:22 39:1, 179:21 27:24 102:22, 103:8, 177:23, 178:5,
third [14] - 4:10, Tonkon [2] - 2:2, traveling [2] - 25:1, 103:11, 103:18, 179:16, 179:19, 185:5
7:10, 8:9, 13:14, 73:2, 69:13 25:3 104:4, 104:6, 104:10, trying [14] - 3:21,
81:11, 83:11, 84:11, took [12] - 45:25, treat [1] - 86:25 104:12, 104:13, 67:10, 68:21, 71:10,
125:7, 130:2, 150:18, treated [3] - 37:23, 104:15, 104:18, 71:22, 83:24, 118:6,
111:24, 113:6,
180:11, 199:7, 199:8 104:21, 105:20, 147:7, 163:2, 175:13,
113:10, 113:23, 56:9, 138:5
Third [1] - 2:8 116:15, 117:13, 106:16, 106:17, 187:3, 187:7, 193:22,
treating [1] - 87:2
28
193:23 149:5, 149:6, 149:15, 120:24, 133:18, 100:19, 161:17 wander [1] - 12:7
Tucson [1] - 80:7 149:19, 152:4, 133:22, 135:5, victim [2] - 85:25, wants [1] - 158:20
turn [6] - 39:12, 182:10, 191:13, 197:3 141:10, 141:14, 86:7 warning [1] - 71:5
81:12, 84:11, 115:15, undergraduate [3] - 142:11, 153:5, 155:6, victims [19] - 65:25, Washington [5] -
128:24, 179:11 73:8, 123:7, 123:9 165:15, 167:8, 167:9, 68:12, 68:21, 71:11, 25:23, 28:5, 28:25,
turned [1] - 119:6 Understood [1] - 168:9, 183:9, 184:21, 71:15, 81:1, 81:2, 132:12, 132:15
turnover [2] - 9:14 186:6, 186:19, 188:4, 81:12, 82:25, 83:5, watch [2] - 57:19,
106:15, 139:8 understood [4] - 188:5, 188:9, 188:14, 85:3, 85:23, 95:24, 58:13
turns [1] - 63:17 150:1, 152:20, 191:13, 192:9, 193:2, 96:1, 97:11, 174:16, watching [1] - 24:13
tussling [1] - 46:9 180:11, 199:8 193:3, 193:11, 194:6, 189:19, 189:20, water [3] - 21:4,
Twenty [1] - 70:19 Underwood [2] - 194:11, 207:6 193:22 30:5, 35:20
Twitter [3] - 166:24, 16:4, 25:17 upcoming [1] - 177:5 video [4] - 20:24, ways [2] - 83:9,
167:4, 186:6 undue [1] - 195:20 urge [1] - 58:6 42:19, 164:25, 165:16 120:10
two [27] - 7:1, 26:16, unequivocally [1] - urgent [2] - 151:10, Videotape [7] - Web [2] - 141:25,
28:25, 29:5, 29:22, 186:24 151:20 167:23, 168:25, 176:15
39:4, 70:10, 72:23, unfair [1] - 37:21 uses [1] - 147:12 169:8, 170:5, 173:21, website [9] - 57:3,
74:21, 74:24, 93:10, unfairly [1] - 52:1 Utility [1] - 156:12 175:21, 178:21 61:9, 61:10, 61:11,
123:3, 132:19, unfamiliar [1] - 18:10 videotaped [9] - 66:14, 89:15, 156:10,
135:24, 139:17, uniform [2] - 181:24, V 165:18, 168:1, 169:3, 175:3, 189:7
143:20, 148:21, 182:6 169:11, 170:7, websites [9] - 61:11,
155:10, 155:11, unique [1] - 130:11 171:20, 173:23, 66:14, 91:24, 125:10,
vague [1] - 67:7 175:23, 178:23
183:9, 188:15, UNITED [2] - 1:1, 130:4, 130:9, 166:19,
Valley [1] - 156:7 Videotaped [1] -
189:12, 190:21, 1:17 170:21, 186:5
199:4, 200:8, 203:3, value [16] - 19:1, 171:18
United [3] - 2:8, week [1] - 35:25
204:8 77:21, 85:6, 102:5, views [2] - 112:14,
21:20, 203:8 weeks [1] - 189:13
two-step [1] - 135:24 102:17, 102:19, 201:3
University [10] - weigh [1] - 55:25
102:23, 103:12, violating [1] - 3:12
type [3] - 77:5, 77:7, 23:20, 25:10, 29:15, weight [9] - 54:16,
103:16, 103:25, viral [7] - 66:15,
129:15 99:18, 100:10, 54:17, 55:23, 58:15,
135:1, 135:18, 67:15, 71:25, 167:5,
types [1] - 186:7 122:19, 123:2, 123:3, 195:20, 198:6,
135:25, 136:5, 186:3, 186:4, 192:2
typical [6] - 73:22, 132:12, 144:2 198:13, 200:22,
136:12, 140:3
76:12, 88:10, 88:12, unless [2] - 56:23, visible [1] - 128:14 201:12
variety [1] - 73:24
148:8, 192:7 140:3 visited [1] - 3:8 well-respected [1] -
various [5] - 79:11,
typically [3] - 88:14, Unless [1] - 118:14 voice [1] - 200:22 101:11
126:2, 127:13,
149:2, 150:10 unrepresented [1] - voir [1] - 11:24 well-understood [1]
152:11, 161:23
52:13 vote [1] - 201:22 - 150:1
vast [3] - 82:3, 83:5,
U unresolved [3] - 3:7,
126:5
votes [1] - 200:21 West [4] - 25:9,
3:9, 4:10 VP [3] - 159:16, 25:12, 30:4, 35:8
Vegas [1] - 86:8
unusual [5] - 82:10, 161:4, 191:18 whatsoever [5] -
U.S [6] - 66:11, verbally [1] - 12:13
97:12, 97:15, 145:22, vs [1] - 1:5 69:3, 93:19, 95:4,
81:17, 96:18, 97:2, verdict [31] - 53:3,
162:16 96:6, 96:8
100:1, 126:12 53:12, 53:13, 56:16,
ubiquitous [1] -
unwinding [1] -
57:19, 180:5, 180:15,
W whereby [1] - 134:13
75:11 white [1] - 87:13
147:11 181:14, 195:12,
up [81] - 3:9, 3:23, Whittington [13] -
ultimately [4] - 196:6, 199:25, W-h-i-t-t-i-n-g-t-o-n
3:25, 5:11, 8:7, 9:4, 15:25, 27:21, 32:22,
11:14, 64:2, 64:10, 200:24, 201:9, - 98:23
[1]
9:10, 10:8, 10:25, 44:3, 75:3, 85:18,
79:5 201:13, 201:14, Wait [2] - 48:12,
11:9, 11:14, 12:5, 98:11, 98:22, 104:12,
unanimous [4] - 201:24, 202:1, 202:2, 94:17
12:8, 14:17, 15:8, 192:3, 192:13,
200:25, 201:9, 202:4, 202:7, 202:15, wait [3] - 165:8,
15:11, 16:13, 16:18, 205:16, 205:24
202:24, 205:20 202:25, 203:4, 203:7, 173:18, 189:2
17:13, 18:2, 19:15, WHITTINGTON [1] -
unanimously [1] - 203:11, 204:2, 205:1, waiting [3] - 56:6,
30:25, 37:1, 38:8, 98:15
201:18 205:15, 205:21, 206:2 179:22, 202:20
38:20, 39:13, 39:15, whole [8] - 29:21,
uncomfortable [1] - verdicts [1] - 204:5 walk [4] - 101:24,
40:20, 41:4, 44:13, 50:13, 70:4, 70:22,
18:11 version [1] - 44:20 122:12, 135:10,
45:23, 47:10, 58:24, 80:1, 118:22, 144:24,
under [25] - 7:8, versus [6] - 3:4, 135:19
61:24, 65:13, 66:4, 154:23
56:9, 63:7, 63:13, 14:24, 16:25, 117:23, walked [1] - 193:3
66:16, 69:17, 70:3, wife [10] - 19:23,
78:15, 78:25, 107:1, 128:20, 205:14 WALKER [1] -
70:5, 74:14, 77:3, 19:24, 20:23, 27:24,
112:18, 113:3, veteran [1] - 28:9 210:12
83:21, 88:15, 89:13, 27:25, 28:18, 30:5,
116:16, 116:17, via [2] - 112:12, Walker [2] - 2:7,
105:24, 106:2, 30:6, 30:8, 40:22
117:4, 118:5, 125:6, 193:15 210:11
107:25, 108:4, wife's [1] - 20:25
148:3, 148:5, 148:12, 114:23, 120:6, vice [4] - 99:9, 99:25, walking [1] - 20:2 William [2] - 15:10,
29
42:14 185:25, 186:7, 187:18
willing [1] - 3:15 worth [2] - 76:6,
wine [1] - 30:13 135:2
wish [1] - 58:8 wrap [2] - 3:8, 38:8
wishes [1] - 208:9 wrestle [1] - 52:12
witness [38] - 5:20, wrestling [2] - 46:23,
5:21, 5:23, 7:2, 8:17, 46:24
20:2, 21:5, 23:15, write [4] - 95:7,
26:23, 29:22, 32:14, 177:14, 177:20,
54:11, 54:12, 55:12, 201:19
55:14, 55:16, 58:22, writing [3] - 57:2,
72:3, 72:9, 97:24, 202:14, 202:17
98:10, 98:16, 114:18, written [3] - 58:6,
114:19, 121:16, 183:17, 198:21
122:2, 131:5, 131:11, wrote [2] - 95:20,
131:17, 142:18, 95:21
142:23, 143:7, 196:3,
196:13, 196:18, Y
197:18, 197:22,
197:24
WITNESS [18] - 86:4, year [15] - 30:4,
89:8, 91:13, 93:16, 70:25, 71:1, 104:16,
94:20, 96:13, 98:22, 105:6, 107:7, 107:11,
99:2, 99:13, 111:16, 107:14, 126:20,
112:25, 122:8, 145:22, 157:20,
122:10, 131:9, 157:22, 166:22,
131:23, 131:25, 186:15, 192:4
142:13, 143:13 years [26] - 21:16,
witness's [11] - 21:22, 25:23, 41:7,
55:17, 55:18, 55:20, 41:9, 60:2, 60:4, 62:9,
55:21, 197:25, 198:1, 70:9, 70:10, 75:24,
198:3, 198:4, 198:14 86:21, 99:25, 100:3,
witnesses [17] - 6:2, 100:5, 105:9, 106:6,
6:5, 17:1, 32:13, 117:9, 118:23, 123:2,
32:18, 33:15, 33:16, 123:3, 132:16, 134:7,
53:7, 55:24, 56:1, 143:23, 146:6, 185:12
58:14, 163:19, yesterday [7] - 3:8,
192:19, 196:20, 4:5, 5:19, 6:8, 7:7,
197:20, 198:7, 198:9 9:5, 46:1
Witte [3] - 16:5, 25:7, young [1] - 41:14
25:8 yourself [6] - 11:22,
woman [2] - 32:2, 15:8, 19:12, 34:3,
162:1 58:10, 201:1
Wonderful [2] - yourselves [1] -
173:18, 189:2 44:24
wood [1] - 27:16
word [12] - 102:12,
125:9, 130:10,
149:15, 151:25,
154:7, 154:10,
154:11, 156:4,
177:20, 191:20
words [5] - 47:1,
56:14, 142:8, 176:22,
186:3
works [9] - 10:22,
17:10, 19:24, 20:25,
22:7, 33:8, 67:4,
102:25, 193:5
world [4] - 62:16,
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