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Exhibit 5 to the SEC Office of Investigations: Investigation of Failure of the SEC to Uncover Bernard Madoff’s Ponzi Scheme - Public Version - August 31, 2009, Report No. OIG-509

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Exhibit 5 to the SEC Office of Investigations: Investigation of Failure of the SEC to Uncover Bernard Madoff’s Ponzi Scheme - Public Version - August 31, 2009, Report No. OIG-509 Powered By Docstoc
					Witness

#13

February

26,

2009

BEFORE
In the

THE
Matter

SECURITIES
of:

AND

EXCHANGE

COMMISSION

GIG-509 GIG-502 OU -938

WITNESS:

#13

PAGES:

1-133

PLACE:

PAUL,
GARRISON, 1285

WEISS,
LLP Avenue Of

RIFKIND,

WHARTON

&

The

Americas

New

York,

NY

10019

DATE:

February

26,

2009

The investigation at

above-entitled 10:48 a.m.

matter

come

on

for

COQY
DIVERSIFIED REPORTING SERVICES

(202)

467-9200

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Witness

#13

February

26, 2009

1

APPEARANCES:

On

behalf

of

the

Securities

and

Exchange

Commission

H.

DAVID

KOTZ,

Inspector

General

4

Office

of

Inspector

General

United
5 100 F

States
Street

Securities
NE

and

Exchange

Commission

Washington,

DC

20549

7 8

On

behalf #13, Weiss,
Avenue

of

Witness Pro Rifkind,
Of The

# Se

13:

Witness Paul,

Wharton
Americas

& Garrison

LLP

9

1285

New
10
11 12

York,

NY

10019

13 14
15

16 17 18 19 20 21 22 23 24 25

DIVERSIFIED

REPORTING

SERVICES

(202)

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Witness

#13

February

26,

2009

1

PROCEEDINGS

2 3

Whereupon, WITNESS #13,

4 5
6

after Notary
follows:

having Public,

been was

first examined

duly

sworn and

by testified

the as

7

1

MR.

KOTZ:

We

are

on

the

record

at

8

10:48

a.m.,

on

February

26,

2009,

at

the

law

firm

9
10

of

Paul,

Weiss,
on 1285

Rifkind,
Six Avenue,

Wharton
New

& Garrison
York New York.

LLP,

located

11
12 full name

Could
for the

you
record.

please

state

and

spell

your

13
14 EXAMINATION

THE
BY

WITNESS:

(Witness

#13

complies

15

MR.

KOTZ:

16 17 Inspector

Q·

My General

name of

is

David the United

Kotz,

I States

am

the Securities

18
19

and
the

Exchange
Office of

Commission.
Inspector

This
General,

an

investigation
Case Number 509,

by

20
21

but
Case

we

actually
502

will
as well

be

asking

you

questions

about

Number

22
23 24 You court are going reporter

I

am
to

going
provide will

to

ask
answers and

you

certain
under later

questions.
oath. transcribe The

record

25

everything

that

is

said.

Please
REPORTING

provide
SERVICES

verbal

DIVERSIFIED

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Witness

#13

February

26,

2009

21

1
2

independent.
performed by a

You

cannot

have

an

independent

audit

relative

3 4 4 6
7

From does this urgency
concerns"?

looking to seriously, you

at

these that thought

two you, in there to

documents, fact, was took some

this complaint and

indicate

that

you

referred

"significant

8 9 is that

A. when

Yes. I got

Why to

I

would the SEC,

have I

said felt

"be that

sure," too

10 11
12 13 14 15 16

often that
they

officers really
received For

were didn't
the

trying belong
tip. the going time "Why is it

to in

handle their

investigations region, because

example, were every was,

Denver to trial was the in Denver

office in front office New

had

a

case Hampshire,

where

they and it

of

the

Commission

17 18
19 20 21 22

handling better
people

this?" about
were I

So making
assigned think sent

I

felt that

that the

we

had right

to

work team of

sure
to there something

matters was to Boston always another didn't a concern office, want this, that the and

if

you

just

assumption

was,

"Well,

23 24
25

they're they
follow

sending are
up

it to
I

to get
didn't

us, off

it

must their

be list

the of
to

garbage things
think

trying
on."

to

want
REPORTING

New

York

DIVERSIFIED

SERVICES

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Witness #13

February 26, 2009
22

:i

i

1

this

was

something

that

we just

didn't

think

needed

2
3
4 5 la

attention.
level, not

I wanted
just the

to

make

sure
referral

it

was

a high
but
taken consider

standard
so not that that

process,
would wouldn't be

high-level more seriously,

referral, and

it they

6
7
8

it
were
home

somethin~g
not
for

like

we were
in and

merely
we were

sending
trying

a case
to find

we
a

interested
it

9

Q-

The

main

reason

you

sent

the

case

to

New

10
11

York
correct?

was

because

Madoff

Securities

was

in

New York;

12

A.

Correct.

The

geographical

nexus.

It

13 14
15

would to
New

have an

been

inappropriate for

for an

Boston, entity

I sitting

felt, in

open
York

investigation

City.

16

Q·

Is

it

fair

to

say

that

you

thought

that

17
18
19
20

this
to

matter
make
take
A.

was
that

significant
you followed
action?

enough
up

that
so that

you

wanted
York

sure

New

would

appropriate
Correct.

21
22 and

Q.
looking

And
at

looking,
the document

based

on
with

your
MARK

recollection
0051 -it

23
24

says
why

"The
do you

World's
think

Largest
you felt

Hedge
this

Fund
matter

is
was

a

Fraud,"

25

significant

enough

that

you

not

only

referred

it,

DIVERSIFIED

REPORTING (202) 467-9200

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Witness

#13

February

26,

2009
23

but
2 got

that
some

you

wanted

to

follow

up

to

ensure

that

it

priority?

3
4 5 bringing

A.
it Q·

My confidence
to Who my were attention. those

in

the

people

who

were

people?

6
7 Caverly,

A.

John
C A V E

Dugan,
R L Y.

Mike

Garrity,

and

Andy

8

Q·

Who

are

those

people?

9
10 11
12

A.
morning, Mike
and

John's
so I took and

E-Mail
the Andy

said,
"we" Caverly. to

"We met
mean The John

this
Dugan, was to me

Garrity,
David.

memo

13

Q·

Right

)

14
15 16
17

A.
office. of
was

David
I trust memo,
issue

Bergers,
their the
needed

who was
judgment, sense
to

the
and

head
from

of
the

the
tone this
so I

the
an

I got
that

that
be

they

thought

investigated;

18
19

wanted
cracks

to
and

make
that

sure
it

this
got

did
attention?

not

fall

through

the

20 21

Q· A.

Who was Mike

Michael is

Garrity? someone who I have a

Garrity

22
23

great

deal

of

confidence
him

in,

in

the

Boston
He is

office
a former

I believe

I gave

a promotion.

24
25

reporter
t takes his

and
work

is

very
very

passionate
seriously.
REPORTING 467-9200

about

his

work.

He

DIVERSIFIED (202)

SERVICES

MADOFF

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Witness

#13

February

26,

2009

24

1 2 1 responsibility

When to

we

were do

going

to

be of

given hedge funds, I

examinations

3
4 5

put

Mike

in

charge
about

of
how

getting
hedge how

the
funds they

staff
work. worked,

ready
He on

and
did his a

knowledgeable lot of work to

underst~ind

6 7
8 9
10

own bunch
may

time. of
have

He

is

very

enthusiastic to our
for ready

and staff.
training for

Dugan I think

made they
the

a

presentations
become to a get model folks

around hedge-fund

Commission,
examinations.

11
12
13

Q·
credible
be looked
A.

Would
when
into?
Yes.

you
came

Mike
to

Garrity
suggesting

to

be
that

very
a matter

it

,,
15

Q·

Take

a

look

quickly

at

the

document,

the

16
17
18

presentation
Largest
A.

document.
Hedge
Yes

It
is a

says

"The

World's

Fund

fraud."

19 20 21 22 23 24
25

Q· your time at

From the brought cases?

time SEC,

to you in

time, have the

I

am seen

sure, tips,

during

information potential A. personally,
didn't want

from

outside

about

I

used to
any

to I
fall

get had
in

literally a standard
between

dozens -the
SERVICES

a because
cracks,

day, I
even

me.
to

DIVERSIFIED

REPORTING

(202)

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Witness

#13

February

26,

2009

25

1

if

they

looked

stupid,

so

I

had

a

standard

practice

2
3
4

of
which

forwarding
was run
So,

them
by
I

to

the

Complaints

Tips

groups,

Office of Internet Enforcement Official

didn't

want

this

one

treated

as

5 6

just everyday,

another which

routine I didn't

tip,

one know

of if

the it

dozens was worth

I

got

7
8

looking
1 considered

into,
that.

but

I
This

wanted
was

to
one

make
where

sure
I

somebody
wanted to

9

make

a

point

of

asking

someone

at

the

senior

level

10
11 12 13 14
15

to
it

not
might Q·

treat
fall

it

like
between

just
the Would you you

another
cracks say had seen that

tip

and

risk

that

Okay. were at

over thousands

the of

time

that tips?

you

SEC,

A.

Yes

16

1

Q·

How

would

you

compare,

in

terms

of

the

17
18 19 20 21

thousands
compare Largest 0070, provide-d? in this

of

tips
document, Funds of

that

you
which is a details

have
says

seen,
"The MARK and the

how

would

you

World's 0051 to MARK

Hedge terms

Fraud,"

the

information

22 23
24 25

A. considerable.
sellers, firms, to will

About

one Some
hire you

a

month. like

It

was hedge

pretty funds, short
law material

people,
law a firms, two-inch

very packet

prominent of

give

DIVERSIFIED
(202)

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February 26, 2009
26

1
2

about
because

some
they

company
have a

engaging
financial

in

financial
interest in

fraud,
an

3
4
5

investigation
drop;
up on

being
they may

opened
be right,

because
so you

the
have

stock
to

will
follow

but
it

6
7 you

Qused to

So you
get a

were
day?

saying,

how many

did

you

say

8
9 personally.

A.

I

would

say

a

dozen,

two

dozen,

10
11
12

Q·
would
magnitude

You
about
would

used
once
come

to
a
in?

get
month

two
a

dozen
document

a day,
of

you
this

say

13

A.

To

me,

personally.

14

Q-

So,

looking

through

this

document,

does

15
16 17

it
to

provide
conclude at

some
that carefully.

level
is a

of
matter

detail
that

that

would
to

lead
be

you

needed

looked

18

A.

I

don't

remember

looking

at

this

19
20 21

document.
comfort recommending on with

I think·my
the that Garrity quality this and

persona
of be

was
people

just
that up

based
were on. I

on my

followed

was

22 ' ( relying

Dugan.

23

Q·

But

looking

at

the

document

right

now,

24
25

if

you

could
it and

look
tell

at

it
me,

right
just
REPORTING

now briefly,
based on looking

just
at

go

through

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February

26,

2009
27

1 2
3 4 5
6

it, you
and

given

your

experience the
of detail much It would more

in typeand
in this

seeing level

tips, of

how information,

would

characterize
the A. level It's tip.

complaint? than call for your a follow

detailed

average
up.

clearly

7 8 9 10
11 12

Q. this Fraud," Bernie
your

Is

it

clear "The

to World's

you

from Largest alleged

the

E-mails Fund was Is that

and is a

document, that Madoff
understanding A. Just

Hedge here scheme?

what was

was running
of what I

being a
what read

Ponzi

that

here

today

and

I

read

13 14 15 16
17

when the

I

looked

at that You see

this it in 25,

on may John 2005,

line, be a

that Ponzi

it

was scheme.

part

of

allegation Q·

Dugan's 4:26 p.m.,
that

E-Mail that
Madoff

to he

you, says,
cannot

Tuesday,
"In fact,

October
the

informant

believes

18 19 20
21 22

possible funds 1 that
and crashing

be claim Madoff
there are down

achieving he may is be
signs on him."

the getting. running
that it (Sic)

returns The one
may

that informant giant
be

the

hedge believes

Ponzi;l
close to

scheme,

23 24 25 Bergers 1 the time and that

So

is

it

clear

that had being
REPORTING

John the brought
SERVICES

and

you,

David at was

Mike what

Garrity was

understanding forward

DIVERSIFIED

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February

26,

2009

50

1 2
3 4 5 6 7 .
8

this to
able who

E-Mail ensure
to were A.

to that

you Harry
with this I

look

like

Mike

Garrity the

is

trying was
New York

Markopolos,
and talk investigation? don't Harry remember sent "Harry is an to the

informant,
in

meet doing

folks

Now, looks like

receiving E-Mail now to

this, Mike, to and

but I Mike
NERO."

it is

saying,

Hey,

connected

9
10 11 12 13 14 15 16
17 E-Mail

Q.
others, A. Q· or the definite part of

So
"Harry Right. So

Mike
is

Garrity
now It connected means as on the

is

saying
to they

to
NERO"?

you

and

followed there of ensure Mike, that was

up. concern and Harry on

it

seems

though part to to may

interest you was I
where

and connected

others

Markopolos A.

NERO. be responding
in here,

think
I had

Mike
said,

to

my
"Let's

somewhere

18 19
20 21 22

try urgency
and

to

make of

sure the

that situation."

NERO

recognizes I began to
They to

the copy
are

potential Mike,

Mike

is

following Harry is did

up, talking you get

Saying: directly the

connected; Q·

HERO. that Mike

So,

impression

23
24

Garrity
credible

must
source,

have
if

viewed
he

Harry
wanted to

Markopolos
ensure that

as

a
NERO

25

was

talking

to

him?
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26,

2009

51

1

A.

Yes

2 3 4 5
6
7 8

Q· concern Office, are to given involved,

Does the

it whole that John

seem

as

thoughthis of is advise
Harry

was the Boston

a

leadership David Dugan,
made

Bergers to
from

involved, you
to

you the
New York

that
the

) connection
office? A.

has

been

Yes.

It's

unusual

for

the

staff

in

9 10
11 12 13 14

Boston We
but it," attention a low

to

come not

to do
another

me it

and because
office

say, it's

"This not

is our
follow it just one of to

significant region,
up my get the left many, at on

should
we and think I

should bringing wouldn't like just

think to make and

they sure treated

are it

level

15
16

maybe

10,000
Q· So,

tips
these

that

came
documents

in

that
that

day.
I have showed

17
18

you,
extra

does
effort

that
on

indicate
the part

that
of

there
the

was
Boston

almost
Office,

an
to

19
20 21
22

ensure
it, that

that
it

the
was connected

New
assigned

York

Office
to people,

was

investigating
and that the

informant
A.

with
when I

them?
arrived in Boston I asked

I

think

23

for

three

things:

Integrity

in

everything

we

do;

24
25

passion
( on behalf

for
of

the

mission

-and,

I

called
3, team
SERVICES

it

fierceness
work. I think

investors;
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26,

2009

52

1 2 3 4 5 6 7 8
9

this asking and

illustrated them what I to was I do.

what I'd

I

was say

trying it was

to our

--

I shared

was value

trying think team to this work, do credit trying to

to

encourage. illustrates and the this, to
that

what not just

they

were "What we are

trying does ( not care?"
information

to this getting

do, have any

saying, Office, why New do York we

with for

Boston so

We're
on

provide

helpful
be

an

investigation

should

10
11

followed
with

up,
somebody

and
that

passion
they

for
think

the
had

mission.
something

They

met

12
13 14

interesting
so they Q. are I

to

say

that
up.

should

be

followed

up

on,

following am showing

you

another

document.

This

15
16
17

is
M E
p.m.,

an
A

E-Mail
G
two

from
A N, C H

David
E U N

Bergers
G, dated

to

Meaghan
12/1/2005,

Cheung,
4:52

H

pages

18
19 20 21

1
1 as 1 1 Exhibit

MR.
7

KOTZ:

We

are

going

to

mark

this

(Exhibit identification.

Number

7

was

marked

for

22 23
24 25

Q· with
1 Mr. he:

You Dugan

see

Meaghan

Cheung about

is the

communicating informant,
in Office there in that the

John
Markopolos. has

specifically
There closely is with a

reference the Boston
SERVICES

worked

DIVERSIFIED

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53

1 2
3 4

past Peter

and

that

many would
you

people vouch

there, for his

including reliability.
that? suggests

you

and

Bresnan,
Do A. It's

know a mystery

anything to me.

about It

I

had

5
6

a phone
phone call

call

with
with him

him,

but

I don't

remember

any

directly.

7 8
9 10 11 12
13

Q. had,
Office A. I that
credibility

Do fact,
in the Not Does

you had
past? to it

know worked

whether closely

Harry with

Markopolos the Boston

in

my

knowledge though some from concerns this about E-Mail the

Q. Meaghan

seem had
informant?

Cheung
of the

14

A.

Well,

there

are

different

ways

to

read

15
16

it.
sure

It
she's

could
got

be
all

Meaghan
the

is

just

trying
that

to
the

make
Boston

information

17 18

Office them to

has,

all

the his

information credibility,

that

she which

needs is

from

evaluate

19

appropriate.

I

think

John

is

just

saying,

"Hey,

I

20
21
22
23

am a busy
We met
what
the

guy,
them,
can I

and

you're
but you
·you?"

the
do
I

one
the
mean,

investigating
investigation,
read between

it~

with
else

tell

lines

24

Q·

Do

you

sense

from

these

E-mails

25

generally

some

skepticism
DIVERSIFIED

on
REPORTING

the

part
SERVICES

of

either

the

(202)

467-9200

MADOFF

EXHIBITS-00144

Witness

#13

February

26,

2009
54

1

exam

or

investigative

team

about

this

Madoff

matter

2
3 4 5

that
referred?

Markopolos

brought

to

their

attention

and

you

A. E-mails.

It's

hard

to

tell

with

these

kind

of

6
7

1
Madoff?

Q·

When

did

you

first

hear

of

Bernie

8
9 10 didn't didn't

A.
recall realize

When

I

first
ever he

heard
heard have

the
of

name
it

recently,
before. the I

I

having that

may

contacted

11
12 13

Boston
Q· was the

Office,
Were head of

I

read
you

it
aware

in
of

the
his

newspaper.
existence when he

NASDAQ?

14 15 16 December, Madoff?"

A.

No. "Hey, They

Someone have were you

actually ever heard that

asked of I had

me Bernie

in

surprised

never

17
18
19

heard
but
him."

of
I was

him,
like,

like
"I

everyone
don't think

knew
I've

of

Bernie
ever

Madoff,
heard of

20 21 sometimes

Q·

You some

were push

saying back

before from

that commissioners

therewas about

22
23

bringing
A.

a

case?
It was to obtain a formal order.

24
25

Q·
A.

To
It

obtain
was ·just

a

formal
one

order,
commissioner.
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55

1
2

Q·
A.

One
Yes

commissioner?

3 4 5
6

Q· you some
some

Okay. a potential

Was

there

ever against might

a

sense

that who

if had that
more

had

case that that

somebody be
would

prominence,
members of

something
be even

the

Commission

7 8 9 10 11 12 13 14

concerned evidence, a little A. what there there's these might really a

about, or bit It be is cost was of was a

bringing it just push just

a kind back kind expeditions,

formal of against of a a

order general, formal push back

without kind orders? against that yet all testimony, of of

fishing no to and a

meaning of to all of wrong produce this doing,

indication respondent provide

documents

15
16

and
formal

did

you

really

feel

you

had

enough

to

justify

a

investigation?

17
18 Even that

Like

I

say,

every
voted

one
in a

was
favor

approved.
of them.

commissioner

19
20
21

He

would

just
far?

be
Do

asking
you really
taken

questions,
need
from that

"What
a formal
tone

do

you

knowso
But some

-'order?"
that there

could

have

22 23 24

was are

a

reluctance full In your

to

go

for

a

formal

order,

if

you

getting Q-

cooperation. view, based on

25

A.

But

I

tried

to

fight

that
SERVICES

by

adopting,

I

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56

1
2

think,
ought

the
to.

new

policy

that

makes

it

clear

that

you

3
4

Q·
Markopolos

Based
provided

upon
to

the
the

documents
Boston

that
Office,

Harry
"The

5
6 7
8

World's
think to

Greatest
there is getting

Hedge
sufficient a

Fund

is
detail

a

Fraud,"
in to that conduct

do

you

document the

justify

formal

order

investigation?

9 10

1 want

A. to do

Just what

based we call

on

that, "opening

I

think a matter

you

would under

11
12

investigation,"
what Harry had to

and
say,

do

some
obtain

follow
some

up,

checking

out
from

information

13
14 15

Madoff
Madoff key for

and

see

if
the

what

information

yougot
That would

from
be the

answered me

allegations.

16

If

they

didn't

answer

the

allegations

17
18 19

then
answered was

you

would
the

want
allegation there,

to

get
and

a

formal
you didn't would

order.
think be no

If

they
there

anything

then

there

reason

20
21

to

bother
Q·

him
You

with

the

subpoena.
before that there are

mentioned

22
23

some
and

cases

where

the

Boston

Office

got

a

case

24

A.

A

tip.

25

Q·

A tip,

I'm

sorry.
REPORTING

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Boston

Office

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57

1

got

a

tip

and

if

it

was

referred

to

the

New

York

2
3

Office,
York Office

there
that

night
this

be

some
was just

sense
kind

among
of

the
Boston

New
not

4
5

wanting
given it

to
over

deal
to

with
the

this
New

tip,
York

and
Office?

they

had

kind

of

6

A.

The

issue

is

that

at

that

time,

7
8 9
10 11
12 13 14

especially
for finding

as

time

went
to

on,
follow to
triage the

the
up be

staff
on every

was

pressed

people that

investigation
1 was in some

needed
of a

followed

up.

So

it

order For

mode. Corporate
of referrals who would have was a

example,
make and a lot

Finance
for the stack Chief in her

Division Enforcement, JAccountant

would

Personal Privacy

of

Enforcement

15 16
17

office Finance
1 would

three that
have to

feet she
call

high, felt
around,

referrals ought to
because

from be followed
the

Corporate up.
home office

She

18 19

used they

to

go

through and then

them try

and to

pick send

out off

which to the

ones

wanted,

20 21 22 23
24 25

regions the isn't we
has someone

others, home all office that to
followed to follow

and did

there not

was want or

a it,

perception,-"Well, so it of it."
Finance

probably work, It and just
asked

interesting waste
up up

worthy with

are
to

going
be

our
and with

time
Corporate it.

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February 26, 2009
58

1
2

would

actually

enlist

my

assistance
I-on it.

in trying
We would call

to get the
around and

region
say
matter
Boston a home that

to follow
have

up

3

we would

4
5

trouble
the

finding
to

anyone
take

who would
it. So

that
want

th.ey had
them to

resources

I didn't

6
7 8 9
10

think
home it,

that
office and

this
didn't

was

just
want

another
or to that find

that
didn't for an

the
want

we were We felt
up.

trying it was

orphan.
follow

something

needed

11
12 13 1 related York

Q·
to Office

But overall,
this kind complaint, of look

generally,
but skeptical-ly

not
overall, on

specifically
did the New information

14
15

that

the

Boston

Office

provided,

kind

of

feeling

like,
be

"We have

our

own cases.
the

Those
cases

are

going
sends
I

to
us"?

16
17

higher
A.

prioritythan
I had an

Boston
with

relationship

Mark.

18 19
20 21

think view
) at all.

if it

he as
I

got one
don't But

a referral that
think there

from dumping
was people

me,

he into

would his

not office

I was
that were

a

fact. in that office

Q·

22

who,

in

the

ordinary

course,

would

not

put

on such

23
24
25

a high
1 as

priority
to
There

level
the

a tip
they
be

that
were

came from Boston,
working on?

compared
A.

cases
might

some

additional
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1 2 3
4 5 6 7 1

skepticism why it,
excuse Q· nexus A. to

that Boston to
to keep Could keep We it?

if

this trying

was to

such keep

a it,

great fighting

matter, for as an

isn't trying

find
it

some

jurisdictional

nexus

there

have

been

a

jurisdictional

could

always

stretch

it.

We

could

8 9
10

say, be
felt

"Well, available
that was

the to

tipper talk,
gamesmanship.

is that's

in

Boston, why
That's

so we kept
not

he it."
what

needs I
I

to

11 12 13
14 15 16 17 18

wanted, this Boston
a that this. in to New be good was

I to

want York not

to

make because

it I I felt

clear. felt that
to send office begun an sense be

I it I
it

was was was
to to

not

sending

New did
citizen. the They York. using

something trying
the

want,
I most

to
office

be

wanted appropriate

investigate and he was

had It taxpayer

already did not money

exam, for taking

make to

our trains

people back

19
20

and
New

forth
York.

to

New

York

to

investigate

something

in

21 22
23

Q· investigation
York; correct?

The

overwhelming would have had

majority to be

of done

the in New

24 25

A.

Right That's why I felt,
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that
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also

in

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DOCUMENT INFO
Description: SEC Deposition of Witness 13 BEFORE THE SECURITIES AND EXCHANGE COMMISSION In the Matter of: GIG-509 GIG-502 OU -938 WITNESS: #13 PAGES: 1-133 PLACE: PAUL, WEISS, RIFKIND, WHARTON & GARRISON, LLP 1285 Avenue Of The Americas New York, NY 10019 DATE: February 26, 2009 The above-entitled matter come on for investigation at 10:48 a.m. U.S. Securities and Exchange Commission (SEC) Office of Investigations Investigation of Failure of the SEC to Uncover Bernard Madoff’s Ponzi Scheme - Public Version - August 31, 2009 Report No. OIG-509
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