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									                    Mr. Bloomberg - Cross (Cont.) By Mr. Castello
368




              1   CROSS-EXAMINATION (CONT.)

              2   BY MR. CASTELLO:

              3        A.     Okay.

              4        Q.     In February of 2010, did you say you don't
know

              5   anything about any poll watching operation?

              6        A.     It says here in this --

              7        Q.     You can't say what it says.    I'm asking you --

              8                   THE COURT:    Sustained.

              9        A.     What was the question?

             10        Q.     Do you recall saying in February of 2010 that
you

             11   didn't know anything about poll watching operation?

             12        A.     I did not know what went on that day is what
I'm

             13   saying.

             14        Q.     So you don't know anything specifically about
what

             15   happened?

             16        A.     That's correct.   I know exactly what we paid,

             17   $1.1 million.   And my understanding is it was -- we did
not

             18   receive that service but the money was taken.

             19                   MR. CASTELLO:   Thank you.    You can give
that back.

             20        Q.     When you were having these discussions about
ballot
             21   security, were you aware a vendor was going to provide
it for the

             22   Independence Party?

             23        A.   No.

             24        Q.   That was not something that was mentioned to
you?

             25        A.   No.   It was supposed to be the Independence
Party and


                                  Susan Bell Siano, RPR
                                  Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
369




               1   how they did it.       I had no knowledge of it.

               2        Q.     So you knew the Independence Party was going
to be

               3   involved, but you don't have any idea how they were
going to do

               4   it, is that what you're saying?

               5        A.     That's correct.

               6        Q.     I want to ask you about Allison Jaffin.    What
does she

               7   do today?

              8         A.     She runs -- she's basically the chief
operating officer

               9   for the foundation.

              10        Q.     What does she get paid to do that?

              11        A.     I don't know what the numbers are.

              12        Q.     And in 2010, what did she do?

              13        A.     She must have been doing the same thing.

              14        Q.     In 2010 was she working for the City, quit the
job and

              15   went to work for the Foundation?

              16        A.     I don't recall the date, but about then.    And
then my

              17   recollection is that she had volunteered part-time to
work for

              18   the campaign, but she was employed by the City at the
time.

              19        Q.     In 2009?

              20        A.     Correct.
               21        Q.   And you sought the Conflict of Interest Board
clearance

               22   for Allison Jaffin on a number of occasions; is that
fair to say?

               23        A.   Whenever I think there is any chance of
conflict, we

               24   all go to the Conflict of Interest Board to make sure
that what

               25   we do is in compliance with the law, and they're the
ones that


                                   Susan Bell Siano, RPR
                                   Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
370




                1   decide that.

                2                   MR. CASTELLO:   I ask if this could be
marked I for

                3          identification.

                4                   (Whereupon, Defendant's Exhibit I is
marked for

                5          identification.)

                6          Q.   You're being shown I for identification, Mr.
Bloomberg.

                7   Do you recognize that letter?

                8          A.   I signed it, but I don't recall.

                9          Q.   That's a letter you wrote?

               10          A.   Yes, yes, I assume so.   I assume so.   I signed
it.

               11          Q.   Take a look at that letter.   It doesn't ring a
bell at

               12   all?

               13          A.   Your question?   I'm sorry.

               14          Q.   Do you recognize that letter now having read
it?

             15            A.   I remember doing exactly this writing.
Exactly whether

               16   this was the letter, it appears to be.

               17          Q.   And that appears to be a letter that you wrote
to the

               18   Conflict of Interest Board for the City of New York in
connection

               19   with an application for Ms. Jaffin; is that right?

               20          A.   That is correct.
             21            MR. CASTELLO:   I offer that into
evidence.

             22            MR. SEIDEL:   No objection.

             23            THE COURT:    It will be admitted as
Defense I.

             24            (Whereupon, Defendant's Exhibit I is
deemed marked

             25   in evidence.)


                            Susan Bell Siano, RPR
                            Senior Court Reporter
                   Mr. Bloomberg - Cross (Cont.) By Mr. Castello
371




             1        Q.    You say what you asked her to be able to do
for you?

             2        A.    Yes.

             3        Q.    In paragraph two?

             4        A.    Yes.

             5        Q.    What you wanted her to do was to "coordinate
the

             6   planning and execution of both your formal public events
such as

             7   large breakfasts, lunches, dinners, and cocktail parties
at

             8   Gracie Mansion as well as smaller private events that
you may

             9   attend at restaurants rented spaces"?

            10        A.    That's correct.

            11        Q.    That's what you asked, right?

            12        A.    Correct.

            13        Q.    Did you say anything about directing your
personal

            14   funds to be paid for things?

            15        A.    There is nothing in this letter, but that is
part of

            16   the job.   Anything that I do that is for personal, I do
not think

            17   it's appropriate that the taxpayers pay for.   And while
most

            18   people use their secretaries or assistants to do some
personal

            19   work for them, I always thought it was inappropriate and
so I've
             20   gone to the Conflict of Interest Board in this case and
in two

             21   previous cases to ask that I compensate them personally
with the

             22   approval of the Conflict of Interest Board so they are
not

             23   getting paid to do personal things for me by the
taxpayers.

             24        Q.   Maybe we can show exactly what it is you asked
for her

             25   to do.


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
372




                1                    (Whereupon, the exhibit is displayed on
the

                2        screen.)

                3        Q.   Technology is not my strength, Mr. Bloomberg.

                4        A.   I understand the problem.

                5        Q.   Yes, see that paragraph that I've got?

                6        A.   Yep.

                7        Q.   You see it says:    "Ms. Jaffin is the primary
person to

                8   coordinate the planning and execution of both my formal,
public

                9   events such as large breakfasts, lunches, dinners and
cocktail

               10   parties at Gracie Mansion as well as smaller private
events I may

               11   attend at restaurants or rented spaces."    You see that?

               12        A.   Yes.

               13        Q.   Say anything about paying her money?

               14        A.   That's part of coordinating and planning and
execution.

               15   That would come under the execution part.

             16          Q.   So in your view when you ask for that
permission, that

               17   gives her the right to direct your personal funds be
expended?

               18        A.   To send out the personal funds that have been
approved

               19   by me or by Patty Harris.    Or in some cases she has the
authority
             20   to do it without asking.

             21        Q.   And in that language you say tells you --
excuse me.

             22   That language says that she can direct your political

             23   contributions?   That's what you think that language
says?

             24        A.   If that isn't one of the personal things, I
don't know

             25   what is, of course.


                                   Susan Bell Siano, RPR
                                   Senior Court Reporter
                         Mr. Bloomberg - Cross (Cont.) By Mr. Castello
373




                   1        Q.   Well, you didn't put that in the letter,
right?    That I

                   2   want to make sure she can give the approval to spend my
personal

                   3   money on political contributions?   You didn't put that
language

                   4   in, did you?

                   5        A.   No, I asked the Conflict of Interest Board in
a much

                   6   broader sense because I never want anybody to say you
left out

                   7   something.   So it would be anything that is for my
benefit, which

                   8   is certainly my campaign.

                   9        Q.   So what part of that do you think fits, that
she can

              10       coordinate the payment of political contributions?

             11             A.   Planning and execution of both my formal
public events

              12       and my private events.

              13            Q.   Is that a smaller private event or is that a
formal

              14       public event?

              15            A.   It would be a combination of both of those.
Parts of

              16       the campaign were small events, parts expenditures were
large

              17       events, but she was authorized to do that for me.

              18            Q.   Through that language?

              19            A.   That's correct.
               20        Q.   Do you recall getting a letter back saying
what she was

               21   authorized to do?

               22        A.   I do not.

               23                 MR. CASTELLO:   I ask if this can be
marked as J

               24        for identification.

               25                 THE COURT:   It will be so marked.


                                  Susan Bell Siano, RPR
                                  Senior Court Reporter
                    Mr. Bloomberg - Cross (Cont.) By Mr. Castello
374




              1                  (Whereupon, Defendant's Exhibit J is
marked for

              2        identification.)

              3                  MR. CASTELLO:    I'm sorry, your Honor.
This is

              4        already G.    It already has been marked in evidence
as G.

              5                  It's what I said.   J.

              6        Q.    Do you have that in front of you?

              7        A.    I do.

              8        Q.    Okay.   And do you see what you were authorized
to use

              9   her for?

             10        A.    I do.

             11                  MR. CASTELLO:    I ask this be received in
evidence.

             12                  MR. SEIDEL:    No objection.

             13                  THE COURT:    It may be marked in evidence.

             14                  (Whereupon, Defendant's Exhibit J is
marked in

             15        evidence.)

             16        Q.    Do you see that one?   Did you have a chance to
read it?

             17        A.    I did, yes.

             18        Q.    You point out the part that says what she was
given

             19   permission to do, to direct personal payments of your
moneys to

             20   political parties.    Can you point that part out?
               21        A.    It says planning the private events and
coordinating

               22   them with political functions.   And planning means she
would

               23   approve at the direction of Patty Harris or Brad Tusk
campaign

               24   things.   She didn't write checks.   The accountants wrote
the

               25   checks.


                                    Susan Bell Siano, RPR
                                    Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
375




                1        Q.      But you're saying she had the authority to
tell people

                2   to give money on your behalf?

                3        A.   We had already made the decision to pay the
people for

                4   functions.    Her job was to make sure we had appropriate

                5   documentation and that the amounts made sense and tell
the

                6   accountants to go ahead or not to go ahead and write the
checks.

                7        Q.   And you say that you further informed the
Board you had

                8   a need for coordination of private events at your home?

                9        A.   Yes.

               10        Q.   It comes out of that?

               11        A.   Yes.

               12        Q.   So what gives her the authority to direct this
money

               13   is your informing the Board that you have a need for
coordination

               14   of private events at your home?

               15        A.   No, no.    In the case we're talking about here
she

               16   didn't direct the money.    The decision to use the
Independence

               17   Party to provide ballot security was made by myself,
Patty

               18   Harris, Brad Tusk, et al.    And her job was to make sure
that some
              19   of the documentation we needed to ensure that the moneys
would be

              20   spent the way they were supposed to be spent was done.

              21        Q.   Where does that come out of here?

              22        A.   That is just one of her functions.

              23        Q.   Can you point to me where in this it says they
can do

              24   that?

              25        A.   That's part of planning private events and
making sure


                                  Susan Bell Siano, RPR
                                  Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
376




               1   things are done that are supposed to be done.

               2        Q.     Where does it say things are done that are
supposed to

               3   be done?

               4        A.     It's the word "planning," sir.

               5        Q.     So "planning private events" is what you're
talking

               6   about you think that gives her the authority to do what
she said

               7   she did?

               8        A.     Her job was to make sure what we had decided
to do and

               9   what the accountants were waiting for to write checks to
was

              10   appropriately documented.

              11        Q.     Why didn't you just write the letter and say I
want her

              12   to help me whenever I want?

              13        A.     I just don't know that that's the way the
Conflict of

              14   Interest Board likes it.    We try to make this as broad
as

              15   possible.   The intent is anything that is not Government
business

              16   when she's working for the Government, the Government
shouldn't

              17   pay her for those services.

              18        Q.     You say those, this is the language --

              19        A.     It is.
             20   Q.   -- that gives her the right to do what she did
here?

             21   A.   Yes.

             22   Q.   Thank you.

             23               MR. CASTELLO:   I ask this be marked as K.

             24               THE COURT:   Let it be marked Defense K.

             25               (Whereupon, Defendant's Exhibit K is
marked for


                              Susan Bell Siano, RPR
                              Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
377




               1        identification.)

               2        Q.     Do you know a Ms. Terino and a Ms. Green?

               3        A.     Yes.    One works for my company, now works for
me

               4   personally.   And the over is a paid secretary working
for the

               5   City of New York.

               6        Q.     And can you take a look at this letter.

               7        A.     At this time they were both employees of the
City of

               8   New York.

               9        Q.     Being January of 2005?

              10        A.     That's correct.

              11        Q.     You want to take a look at the letter before I
ask you

              12   some questions about it?

              13        A.     Um-hmm.

              14               I read it.

              15        Q.     Is that a letter that -- excuse me.

              16               Is that an opinion that you sought so that she
could

              17   get -- so Ms. Green and Ms. Terino could get this
clearance?

              18        A.     Yes, I did.

              19                      MR. CASTELLO:   I ask this be received in
evidence.

              20                      MR. SEIDEL:   Judge, on this I object.
They're not
              21   witnesses here.

              22             MR. CASTELLO:   That's not the limitation,
your

              23   Honor.   It's very relevant to the specific tasks
that are

              24   given to those people.    I want to ask him about
those tasks

              25   versus the ones Ms. Jaffin has.


                              Susan Bell Siano, RPR
                              Senior Court Reporter
                    Mr. Bloomberg - Cross (Cont.) By Mr. Castello
378




              1                  THE COURT:   I'll sustain the objection on

              2        relevance grounds.

              3        Q.   You requested the Board grant Ms. Terino and
Ms. Green

              4   certain functions, right?

              5        A.   No, I asked them could I compensate them for
doing

              6   things that were personal for me which I don't think was

              7 appropriate for the taxpayers to pay for, but
nevertheless given

              8   my schedule as the Mayor invariably had a lot to do with

              9   combining my personal schedule with my business
schedule.

            10         Q.   What kind of things did you ask for them to be
able to

            11    do for you?

             12        A.   Scheduling, making reservations at a
restaurant, those

            13    kinds of things I don't think are appropriate for City
employees

            14    to do at the taxpayers' expense.   I don't think they are

             15 appropriate in the business world to have the
stockholders pay

            16    for an executive's personal secretarial services.

            17         Q.   So you wanted them to do certain functions
you?

            18         A.   That's correct.

            19         Q.   Thank you.

            20              Now, let's talk about the contributions to the
            21    Independence Party in 2009.

             22             When did you first know that you made a
contribution or

            23    do you know that you made a contribution of $600,000 on

            24    October 30th to the New York State Independence Party

            25    housekeeping account?   Do you know that?


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
379




                1        A.   If that was part of the $1.1 million for
ballot

                2   security and the hundred thousand dollars to the party,
it was

                3   about that time checks were sent out for wire transfers
as you

                4   pointed out possible.   I don't know the details, but I
assume

                5   were part of one or both of those gifts.

                6        Q.   Now, you don't recall how it was split, the
1.2 million

                7   in terms of the payment?

                8        A.   I'm sure I wasn't even notified.

              9          Q.   Well, if a hundred thousand was for a
contribution, and

               10   1.1 million was for payment for ballot security,
wouldn't you

               11   have expected them to be split 1.1 million and $100,000?

               12        A.   I have no idea how the accountants do it.

               13        Q.   So you wouldn't have expected them to be split
as you

               14   submit them for us?

               15        A.   It was not something that I knew about or
would be

               16   concerned about.   I trust the accountants they'll make
sure the

               17   moneys we committed would get to the people we committed
them to,

               18   and we expected him to provide the service for which he
committed
            19    the moneys.

             20        Q.   And you said you don't know -- you're not
familiar with

            21    exactly what a housekeeping account is used for, is that
what

            22    you're saying?

            23         A.   I believe it's general purposes of the party.
I assume

            24    that's organizational kind of things, but you'll have to
talk to

            25    the parties and check what the law is.


                                   Susan Bell Siano, RPR
                                   Senior Court Reporter
                   Mr. Bloomberg - Cross (Cont.) By Mr. Castello
380




             1        Q.   Do you recall a complaint filed with the New
York City

             2   Campaign Finance Board in August of 2009 against you and
your

             3   authorized committee by the New Yorkers for Thompson?

             4        A.   I'm unfamiliar with that.

             5                  MR. CASTELLO:    I ask if the witness could
be shown

             6        what's been marked only for identification as A.

             7        Q.   Take a look at that Mr. Bloomberg.       Do you
recognize

             8   that?

             9        A.   I've never seen it before.

            10        Q.   Never heard it?

            11        A.   I don't recall.

            12        Q.   Okay.   Thank you.

            13                 MR. CASTELLO:     I'll take it back.

            14        Q.   You were not aware that a complaint was made
against

             15 you and your campaign in 2009 regarding your
nondisclosure of

            16   campaign finances?

            17                 MR. SEIDEL:      Judge, objection.   Assuming
a fact

            18        not in evidence.

            19                 THE COURT:    Sustained.

            20        Q.   You're not aware of what was in this document
at all?
       21   A.   I don't recall the document.

       22   Q.   Do you recall the events in the document?

       23   A.   I haven't read it.

       24   Q.   Haven't read it?

       25   A.   I haven't read the document, so I don't know
what


                     Susan Bell Siano, RPR
                     Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
381




               1   events are in there.    I'm sorry.

               2        Q.      I'm happy to have you read it.    Take as long
as you

               3   wish to read it, Mr. Bloomberg.      We'll wait.

               4                    (Witness complied.)

               5                    MR. SEIDEL:    Judge, I'm going to object.
This is

               6        irrelevant.

               7                    THE COURT:     He may read the document and
see what

               8        the question is.

               9        A.      I've read it.

              10        Q.   Do you remember anything about it?

              11        A.   None whatsoever.

              12        Q.   Thank you.

              13        A.   It just seems to be a list of things somebody
read in

              14   the paper.    I have no idea.

              15        Q.   All right.    Do you know if your campaign
authorized

              16   committee responded to that?

              17                    MR. SEIDEL:    Objection, Judge.   It's a
fact not in

              18        evidence.

              19                    THE COURT:     Overruled.

              20        A.   I have no idea that we had -- no idea we got
it.   I

              21   assume if we did, we would have responded, but I have no
             22   knowledge of it.

             23                  MR. CASTELLO:   I ask if this document can
be

             24        marked as L for identification.

             25                 (Whereupon, Defendant's Exhibit L is
marked for


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                    Mr. Bloomberg - Cross (Cont.) By Mr. Castello
382




              1        identification.)

              2        Q.   Showing you defense L for identification,

              3   Mr. Bloomberg.    Do you recognize that?

              4        A.   No, I do not.

              5        Q.   Do you see who wrote it if you look at the
last page?

              6   Kenneth gross?

              7                    MR. SEIDEL:    Objection, Judge.

              8                    THE COURT:    Sustained.

              9        Q.   Do you see who wrote it?

             10        A.   Can I answer that?

             11                    MR. SEIDEL:   Judge.

             12        Q.   The question is did you see who wrote it?

             13                    THE COURT:    I sustained the objection.

             14                    MR. CASTELLO:   When I use the name I'm
asking can

             15        he see the name of the person on this.     All I'm
asking him

             16        is a yes or no question.

             17                    THE COURT:    Overruled.

             18        Q.   Do you see the name of the person who
submitted this

             19   without saying the name?

             20        A.   I see two names on it.

             21        Q.   And are those two names lawyers for the
campaign?

             22                    MR. SEIDEL:   Objection, Judge.
          23                 THE COURT:   Sustained.

          24        Q.   Let me look at the last one.   Are those two
lawyers

          25   that worked for your campaign?


                              Susan Bell Siano, RPR
                              Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
383




               1        A.   One, yes.   The other one I don't know.

               2        Q.   The one being the first name on top?

               3        A.   That's correct.

               4        Q.   He was the finance counsel for the campaign;
is that

               5   right?

               6        A.   I don't know technically what his position
was, but he

               7   was basically the lawyer for the campaign, that's
correct.

               8        Q.   So he was the lawyer for the campaign?

               9        A.   That's correct.

              10        Q.   And he was authorized to act as the lawyer for
the

              11   campaign, right?

              12        A.   I assume, so.

              13        Q.   Well, the lawyer for the campaign, did you not

              14   authorize him to act for the campaign?

              15        A.   I assume that if he asked him to do something
he would

              16   do as directed.    Whether we decided to do this or not I
just

              17   don't know.

              18                 MR. CASTELLO:    I offer this into
evidence.

              19                 MR. SEIDEL:     Objection.

              20                 THE COURT:     Sustained on relevance
grounds.
            21                 MR. CASTELLO:   All right.

            22        Q.   Look at page 12, again.   Can't read anything
out loud,

            23   Mr. Bloomberg, it's not in evidence.   Do you see page
12?

            24        A.   I do.

            25        Q.   And there is a little -- I mean two little
I's.   It


                                Susan Bell Siano, RPR
                                Senior Court Reporter
                       Mr. Bloomberg - Cross (Cont.) By Mr. Castello
384




                 1   says something about housekeeping accounts?

                 2        A.   It does.

                 3        Q.   Can you read it to yourself those two
paragraphs.

                 4             (Witness complied.)

                 5        A.   I've read it, yes.

                 6                    MR. CASTELLO:   Your Honor, I offer this
into

                 7        evidence.    It deals with the housekeeping account.
It's a

                 8        statement by his attorney about housekeeping
accounts which

                 9        is the account that this money went to.

               10                     MR. SEIDEL:   Judge, objection.   I object
to the

               11         speeches that counsel is making and I have an
objection to

               12         this for the grounds that I stated before.

               13                     THE COURT:    Sustained.

               14         Q.   Did you authorize your campaign counsel --
excuse me,

               15    yes, the counsel for your campaign to write documents on
your

               16    behalf?

               17                     MR. SEIDEL:    Objection.   Asked and
answered.

               18                     THE COURT:    Sustained.

               19         Q.   Well, are you aware that your campaign has
taken the
             20   position that money donated to party housekeeping
accounts could

            21    not be used to support any candidate?

            22                  MR. SEIDEL:   Objection.

            23                  THE COURT:    Sustained.

            24         Q.   Are you aware that your campaign has taken the
position

            25    that Mayor Bloomberg's contributions to those accounts
could not


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                        Mr. Bloomberg - Cross (Cont.) By Mr. Castello
385




                  1   have been used for the support of his candidacy?

                  2                  MR. SEIDEL:   Objection.

                  3                  THE COURT:    Sustained.   Same question.

                  4                  MR. CASTELLO:   It's different, your
Honor.    Just

                  5        so I know, your Honor, the grounds so I can deal
with it

                  6        later.

                  7                  THE COURT:    Relevance.

                  8        Q.   Thank you.

                  9             You mentioned earlier you know Howard Wolfson?

                 10        A.   Yes, I do.

                 11        Q.   And he was a spokesman for the campaign?

                 12        A.   That's correct.

                 13        Q.   You authorized him to speak for you on behalf
of the

                 14   campaign, right?

                 15        A.   Yes, I did.

                 16        Q.   Was your agent in a sense Mr. Wolfson?

                 17        A.   I once again don't know what the technical
term was,

                 18   but he works for the campaign as a senior person and was

                 19   certainly authorized to speak for the campaign.

                 20                  MR. CASTELLO:    I ask this be marked as M
for

                 21        identification.
             22                 (Whereupon, Defendant's Exhibit M is
marked for

             23        identification.)

             24        Q.   Again, this is just for identification, Mr.
Bloomberg,

             25   so could you take a look at the two pages that are
marked for


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                    Mr. Bloomberg - Cross (Cont.) By Mr. Castello
386




              1   identification and I'm going to be asking you about the
bottom

              2   where it says "number two" on the first page.      But you
can read

              3   all that you wish.

              4             Do you see where number two, Mr. Wolfson made
a

              5   statement concerning contributions to the IP?

              6        A.   Yes, I see that.

              7                    MR. CASTELLO:    Your Honor, I offer that
into

              8        evidence.

              9                    MR. SEIDEL:   Objection, Judge hearsay.

             10                    MR. CASTELLO:   Your Honor, he stated it's
his

             11        agent who made that statement.

             12                    MR. SEIDEL:   Judge, hearsay.

             13                    THE COURT:    Overruled.   I'll allow that
in just

             14        that statement, number two.

             15                    MR. CASTELLO:    Yes.

             16                    MR. SEIDEL:   Judge --

             17                    MR. CASTELLO:   I'm going to redact it and
when I

             18        show it to him I'll fold it so that number two is
only seen.

             19                    MR. SEIDEL:   Judge, again, we're going to
object
               20   on the whole thing on the grounds of hearsay.   And
again

               21   it's --

               22             MR. CASTELLO:   They made that objection
and you

               23   overruled it.

               24             MR. SEIDEL:   And also Judge if you're
going to put

               25   any of this in, if you're going to allow it in,
Judge, which


                              Susan Bell Siano, RPR
                              Senior Court Reporter
                    Mr. Bloomberg - Cross (Cont.) By Mr. Castello
387




              1        I again -- we object to, let the whole thing in.

              2                      MR. CASTELLO:   We have no objection to
the whole

              3        thing going in.

              4                      THE COURT:   The whole document will be in

              5        evidence.

              6                      (Whereupon, Defendant's Exhibit M is
marked in

              7        evidence.)

              8        Q.     You see Mr. Wolfson's statement?

              9        A.     Yes.

             10        Q.     Let's look at that.

             11               I can't tell exactly who its sent to from the
message.

             12   Do you agree with me?

             13        A.     I can't quite figure out whose writing and
whose

             14   receiving, but I don't know who the person who responds
here.

             15        Q.     But somebody responded back and says thanks
for the

             16   response?   You see that?

             17        A.     Yes.

             18        Q.     David Leigh (ph) do you know who that is?

             19        A.     I do not.

             20        Q.     Do you know somebody names David Seifman who
writes for

             21   the New York Post?
           22   A.   Yes, I do.

           23   Q.   And you don't know his e-mail?

           24   A.   I do not.

           25   Q.   Did you see Mr. Wolfson writes in number two
and this


                          Susan Bell Siano, RPR
                          Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
388




               1   is dated January 24, 2010.   Do you agree with me?

               2        A.    Yes.

               3        Q.    Do you see in number two where he says "the
Mayor

               4   contributes to the IP to support the aims and goals of
the

               5   party"?   Do you see that?

               6        A.    Yes.

               7        Q.    Do you agree with Mr. Wolfson that that's why
you

               8   contributed to the Independence Party?

               9        A.    The hundred thousand dollars I did for exactly
that.

              10        Q.    How about the 1.2 million.   That's what he was
being

              11   questioned about.

              12        A.    I don't know what he's being questioned about.
The

              13   $1.1 million we gave to the Independence Party was
moneys they

              14   were going to spend to provide ballot security.    And the
plan as

              15   to how to implement that was a plan John Haggerty had
provided us

              16   in written form and we approved.

             17         Q.    You don't see a mention between a break
between 1.1 and

              18   100 in this?

              19        A.    I don't, but I don't have any connection to
this
            20    document at all and I don't know what it's about.

             21        Q.   You think the part that says the Mayor
contributes to

            22    the IP to support the aims and goals of the party, do
you think

            23    Mr. Wolfson was talking about the 100,000?

            24         A.   I can't speculate as to that.   That's the only
thing

            25    that's applied to, so I will assume that is the case.


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
389




                1        Q.   But you agree that Mr. Haggerty didn't mislead
you at

                2   all about the aims and goals of the Independence Party,
do you

                3   agree with that?

                4        A.   I didn't discuss the aims and goals of the
Independence

                5   Party with John Haggerty.    I didn't discuss anything
with John

                6   Haggerty, but my staff did discuss with him the fact
that they

                7   were going to spend $1.1 million provided by us to give
us ballot

                8   security, and they were going to spend the money and my

                9   understanding is he never spent the money.

               10        Q.   Can you answer my question, Mr. Bloomberg?

               11        A.   I'd be happy to.

               12        Q.   Listen to my question.

               13             Did Mr. Haggerty mislead you about the aims
and goals

               14   of the Independence Party?

               15        A.   I never had a conversation with Mr. Haggerty
about

               16   this.

               17        Q.   So the answer is he did not?   Is that fair to
say?

               18        A.   He didn't have a chance to lead or mislead.
We never

               19   had a conversation.
             20        Q.   So he did not mislead you about the aims and
goals of

             21   the party?

             22        A.   He didn't lead or mislead.

             23        Q.   And look at the entire e-mail because it's now
all in

             24   evidence; one, two, three and four.    See where it
references

             25   ballot security in 1.1?


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
390




                1        A.     Yes, I assume he's talking about the hundred
thousand

                2   dollars.

                3        Q.     Well, point one is not right.    Point one is
talking

                4   about ballot security?

                5        A.     No, he's talking about the hundred thousand
dollars

                6   and says the hundred thousand was not for ballot
security.

                7        Q.     You're saying 1.1 -- show me where it says one

                8   thousand?

                9        A.     It doesn't say 1.2 or 1.1 or 100.   If you read
the

               10   document obviously it was pertaining to the hundred
thousand

               11   dollars we gave to what I'm told is called the
housekeeping

               12   account and what it was used for by the Independence
Party, I

               13   assume in compliance with the law on what housekeeping

               14   expenditures are permitted.

               15        Q.     But you don't see where that says 100,000?      Do
you

               16   agree with me?

               17        A.     I don't see where it says any money at all.

               18        Q.     But you don't see 100,000?

               19        A.     I don't see any number at all.
             20   Q.   Maybe you can answer my question, Mr.
Bloomberg.

             21        Do you see 100,000 anywhere on that document?

             22   A.   I do not.

             23   Q.   Thank you.

             24   A.   You're welcome.

             25   Q.   Now, number one says:   "I did not call it
ballot


                            Susan Bell Siano, RPR
                            Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
391




               1   security."   See that?

               2        A.    I do.

               3        Q.    It says:    "I described their activities as
field and

               4   Election Day operations around the State canvassing
turn-out

               5   reports, machine checks, etcetera."    Do you see that?

               6        A.    It does say that.

               7        Q.    Are you saying you think that's what the
100,000 is

               8   spent for?

               9        A.    I have no idea what this memo is referring to.
I

              10   didn't write it.     I've never seen it before so you'll
have to

              11   look elsewhere for a meaning.

              12        Q.    I will.    Thank you.

              13              Now, it says the Mayor contributes to the IP
to support

              14   the aims and goals of the party.    It's only natural they
would

              15   engage in field and Election Day operations as every
other party

              16   does.   Doesn't it look like what he's talking about is
the

              17   $1.2 million?

              18        A.    No.   To me it's all about the 100,000, but
it's all

              19   speculation on your part and mine.    I don't know.
            20         Q.   Do you see where it says:    "The IP was a local
entity

            21    to help coordinate these activities"?   Do you see that?

            22         A.   I do.

             23        Q.   And do you see where it says they used a
specialist for

            24    HR type activities since they weren't going to go out
and hire

            25    each worker one by one and do all of the paperwork that
came with


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
392




               1   it.   Do you see that?

               2         A.   I do.

               3         Q.   And again you think that refers to which
amount of

               4   money?

               5         A.   I assumed the 100,000.

               6         Q.   And so you think that that's a discussion of
something

               7   other than ballot security?

               8         A.   It would be speculation on my part.   I just
don't know.

               9         Q.   Let's talk about -- I'll take that back.

              10              Let's talk about Ms. Harris as your agent.
She also

              11   had a conflict of interest clearance; is that right?

              12         A.   I don't recall whether she did.    I think so,
but I

              13   don't recall.    I don't recall writing a letter.

              14         Q.   I'm sorry?

              15         A.   I don't recall writing a letter.    I think she
did but

              16   I'm not a hundred percent sure.

              17         Q.   Okay.

              18         A.   In retrospect I don't think she had a reason
to get one

              19   when she worked on the campaign.    She took time off from
working

              20   with the City.
              21            MR. CASTELLO:   I ask the witness be shown
G, which

              22   is in evidence.

              23   Q.   Do you see that?

              24   A.   I do now.

              25   Q.   That's an opinion that allowed Ms. Harris a
waiver from


                             Susan Bell Siano, RPR
                             Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
393




                1   the Conflict of Interest Board, right?

                2        A.   It appears to be, yes.

                3        Q.   Do you recall getting that?

                4        A.   As I said before, I don't recall.

                5        Q.   Does it have anything -- what is it for?

                6        A.   It is to allow her to direct the Foundation in
her

                7   spare time.

                8        Q.   And does that have anything to do with the
approving of

                9   your personal contributions to political parties?

             10          A.   She would approve all of my personal
contributions,

               11   whether they were deductible or not.    And that's the
real

               12   difference, whether the foundation would do them or I
would do

               13   them personally.

               14        Q.   Can you show us where that says she can deal
with your

               15   personal contributions?

               16        A.   I haven't read the whole thing.

               17        Q.   Well, go ahead and read it, sir.

               18        A.   It says the Foundation here.

               19        Q.   So it's for the Foundation, right?

               20        A.   Yes.

               21        Q.   It has nothing to do with your personal life,
right?
               22        A.   I don't believe she would need one for
anything she

               23   does for me personally.   She doesn't do anything that
would be a

               24   conflict when she works for me.   She does it outside of
City

               25   time.


                                   Susan Bell Siano, RPR
                                   Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
394




               1        Q.   So the reason that you didn't get a conflict
waiver for

               2   that is because you don't think she needs one?

               3        A.   Counselor, we may have gotten another one, I
just don't

               4   know.

               5        Q.   This one does not authorize her to work for
you

               6   personally?

               7        A.   I will read the whole thing, but I don't
believe so.

               8        Q.   Take a look at that and my question is going
to be does

               9   that authorize her to work for you personally?

              10        A.   This doesn't speak to anything other than the

              11   foundation.

              12        Q.   Thank you.

              13             Now, do you agree with me that the 1.2 million
is

              14   financial activity?    Do you agree with that?

              15        A.   I don't know what your definition of financial

              16   activities is and you can't lump the two together.   One
was

              17   paying for a service where the moneys were going to be
spent as

              18   agreed on, and the other was a gift to what you call a

              19   housekeeping account.

              20        Q.   And the one hundred you say was the gift to
the
           21   housekeeping account?

           22        A.   That's correct.

           23        Q.   Would it surprise you all 1.2 million ended up
in the

           24   housekeeping account?

           25        A.   I don't know how they book it, but the 1.1 was
designed


                               Susan Bell Siano, RPR
                               Senior Court Reporter
                       Mr. Bloomberg - Cross (Cont.) By Mr. Castello
395




                 1   to be spent, there was no question.     But that we made
the gift

              2 with the agreement they would spend the money on
providing ballot

                 3   security, and if it costs more or less and they had to
make those

                 4   payments, that was the agreement.     And that was what the

                 5   documentation said it would cost and what they were
going to do.

                 6         Q.    Didn't you just use the term "gift" to
describe that?

                 7   Didn't you just say we made the gift?

                 8         A.    I don't know what the technical term is.    We
sent

                 9   moneys to the Independence Party, $100,000 for the
general --

               10    whatever the law allows -- housekeeping account.       Moneys
to be --

               11    and 1.1 million which was going to be spent to provide
ballot

               12    security.

               13          Q.    But my question is didn't you use the word
gift in

               14    describing the 1.1 million just now?

               15          A.    We wrote them checks.    I don't know what the
term would

               16    be.

               17          Q.    What term did you use?

               18          A.    You'd have to check the record, counselor, but
I don't
             19   recall.   And if I did, it wasn't in the sense of just
giving the

             20 money.      The 1.1 was payment for services -- my
understanding is

             21   the services were never provided at all and somebody
just took

             22   the money for themselves.

             23        Q.    Back to my original question, would you
characterize it

             24   as financial activity?

             25        A.     I don't know what that term means.


                                  Susan Bell Siano, RPR
                                  Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
396




               1          Q.    You have no idea what -- how about financial?
Do you

               2   know what that term means?

               3          A.    The moneys were exchanged but it was not by
stocks and

               4   bonds.      That would be a financial transaction.

               5          Q.    Financial activity, are you trying to say that

               6   1.2 million was not financial activity?

               7                     MR. SEIDEL:   Judge, objection.

               8                     THE COURT:    Sustained.

               9          Q.    Well, you told me you have an authorized
committee,

              10   right, when you ran in 2009?      You had an authorized
committee?

              11          A.    I don't understand the term "authorized
committee."   I

              12   made the decisions or Patty Harris made the decisions
and they

              13   were carried out by others after they did appropriate
research to

              14   make sure that the documentation was there.

              15          Q.    You had a committee called Bloomberg for Mayor
2009,

              16   Inc., right?

              17          A.    I will assume we had to have one and we did
have it,

              18   yes.

              19          Q.    Didn't you actually sign a document that said
this is
     20   your authorized committee?

     21        A.   If you have a copy of the document and it's my

     22   signature, I did, sir.   I just don't remember.

     23        Q.   You just don't remember now?

     24        A.   No.

     25                   MR. CASTELLO:   I ask this to be marked as
N.


                          Susan Bell Siano, RPR
                          Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
397




                1                    THE COURT:   Let it be so marked.

                2                    (Whereupon, Defendant's Exhibit N is
marked for

                3        identification.)

                4                    MR. CASTELLO:    Thank you.

                5        Q.   You see that document, Mr. Bloomberg?

                6        A.   I do.

                7        Q.   Did you see your signature or a copy of your

                8   signature?

                9        A.   It's my signature.

               10        Q.   Take a look at the document.

               11        A.   Um-hmm.

               12             (Witness complied.)

               13        A.   Yes.

               14        Q.   So that's your signature, right?

               15        A.   That's correct.

               16        Q.   And is this a document that was filed on your
behalf?

               17        A.      Yes, I believe so.

               18        Q.   And it's called a CF 16 in the left-hand
corner?   Do

               19   you see that?

               20        A.   That's there.

               21        Q.   It says:    "Candidates authorization for
committee to

               22   make campaign financial disclosures"?
              23   MR. SEIDEL:   Objection on relevance
grounds.

              24   THE COURT:    The question wasn't completed
yet.

              25   MR. CASTELLO:    I just asked if it said
that at the


                   Susan Bell Siano, RPR
                   Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
398




                1        top.

                2                   MR. SEIDEL:     He's reading from a document
that's

                3        not in evidence.

                4                   MR. CASTELLO:     I have to somehow identify
it.

                5                   THE COURT:     Sustained.   You can ask him
whether he

                6        is familiar with the document.

                7        Q.     Well, does that appear to be your signature on
this

                8   document?

                9        A.     Yes, it does.

               10        Q.     And do you recall that you had to file such a
document

               11   to be able to have an authorized committee that was
required for

               12   you to run for Mayor?

               13        A.     I'm sure my lawyers told me you had to have
this

             14     document and sign it.       And it does say that I am a
candidate for

             15     office and this committee's job will be to disclose
anything that

               16   -- all financial activity related to my campaign.

               17                   MR. CASTELLO:     I ask that be received in
evidence.

               18                   MR. SEIDEL:     I object.   There is some
personal
               19   information here on this document if you look at
the bottom

               20   in addition to relevance grounds.

               21            THE COURT:    When you say personal
information,

               22   I'll redact the personal information.

               23            MR. SEIDEL:   And it's not the Mayor's,
but

               24   somebody else's.

               25            THE COURT:    Not the Mayor?


                              Susan Bell Siano, RPR
                              Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
399




                1                    MR. CASTELLO:   Your Honor, it's a
document that

               2         was filed with the New York State Board of
Elections.   It's

                3        a public document.     That's where we got it.

                4                    THE COURT:   I'll allow it into evidence.

                5                    MR. CASTELLO:   Thank you.

                6                    (Whereupon, Defendant's Exhibit N is
marked in

                7        evidence .)

                8        Q.   Take a look at that document.       It's signed by
you, we

                9   established that, right?

             10          A.   Yep.

             11          Q.   And did you see where you swore to it on May
20?

             12          A.   Yes.

             13          Q.   And did you see where it says you're a
candidate for

             14     the office stated above, right?

             15          A.   That's correct.

             16          Q.   That's Mayor, right?

             17          A.   That's correct.

             18          Q.   Mayor of New York City, right?

             19          A.   That's correct.

             20          Q.   And then it says:      "All financial activity
related to
             21   my campaign including my own will be disclosed by an
authorized

             22   committee which we'll file on my behalf."    Do you see
that?

             23        A.   That's correct.

             24        Q.   Do you realize that your campaign did not file
any of

             25   the 1.2 million as a campaign expenditure?


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
400




                1        A.     It was filed --

                2        Q.     My question is:   Do you realize it was not
filed by

                3   your campaign committee as an authorized disclosure?

                4                   MR. SEIDEL:   Objection.

                5                   THE COURT:    Overruled.

                6        A.     It was filed under a different law that the
state

                7   requires.

                8        Q.     Answer my question.

                9               Did your campaign disclose this as a campaign

               10   expenditure?

               11        A.     I do not view it as a campaign expenditure
because it

               12   was not for me, it was for ballot security for all of
the

               13   parties, all of the candidates for the Independence
Party.   And

             14     it would be misleading to say it was a campaign
expenditure --

               15                   MR. CASTELLO:     Your Honor, I move to
strike that.

               16        My question could be answered simply yes or no.

               17                   THE COURT:    I'm going to allow the
response.

               18        Q.     Did your campaign disclose this?    Did your
authorized

               19   committee disclose this financial disclosure as a
campaign
               20   expenditure?

               21        A.   My understanding is, no, but I would have to
go back

               22   and check all of the documentation.

               23        Q.   When you say your understanding is, no, it's
your

               24   belief that your campaign did not disclose the $1.2
million as a

               25   campaign expenditure?


                                   Susan Bell Siano, RPR
                                   Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
401




               1        A.     My belief is we disclosed it as -- I don't
know what

               2   technical term is, but as a donation to the party and in
the form

               3   that the state law requires you to do that.

               4        Q.     All 1.2 million was a donation to the party,
right?

               5        A.     100,000 was for general purposes and 1.1 was
for a

               6   specific purpose where they were going to take the money
and

               7   spend it to provide a service, which my understanding is
was

               8   never provided.

               9        Q.     So 1.1 million was not a donation, is that
what you're

              10   saying?

              11        A.     I believe you write the checks the same way as
if it

              12   was a donation with a purpose.

              13        Q.     Would you agree with me that this was
financial

              14   activity, this $1.2 million as this is described?

              15                   MR. SEIDEL:    Judge, objection.

              16                   THE COURT:    Overruled.

              17        Q.     Let me ask you this --

              18        A.     If that is the case, buying groceries is a
financial

              19   activity.
             20        Q.   Exactly.   That's exactly my point,   1.2
million is

             21   financial activity, right?

             22        A.   It is a transfer of moneys.

             23        Q.   Did you think that this document was written
to include

             24   financial activity like giving $1.2 million for some
purposes?

             25        A.   I believe not.


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                      Mr. Bloomberg - Cross (Cont.) By Mr. Castello
402




                1        Q.   Now, the ballot security that you described
that was

                2   including ballot security for you, right?

              3          A.   I was one of the candidates on the
Independence Party

                4   line, that's correct.

                5        Q.   So the phrase "all financial activity relates
to my

                6   campaign should have included that 1.1 million, right?

                7        A.   I believe it would have been misleading to do
so and we

              8 disclosed it in the manner I thought was more
appropriate and is

                9   called for by state law.

             10          Q.   And you disclosed it as a political
contribution,

               11   right?

               12        A.   Whatever the term is, that's the way we did it
and

               13   that's what the law requires.

               14        Q.   Where did you disclose that?

               15        A.   I don't know the form where we do that, but my

               16   recollection is it had to be disclosed by the beginning
of

               17   January or thereabouts and we did.   I just don't have a
copy of

               18   the document.

               19        Q.   And you disclosed it as payment for ballot
security, is
            20     that what you're telling us?

            21          A.   I don't know what's on the form.   I can tell
you what

            22     the agreement was.

            23          Q.   I don't want to know what the agreement was.
What I

            24     want to know is in your disclosure, what do you recall?

             25         A.   I have no idea.   I don't know what the
document was and


                                  Susan Bell Siano, RPR
                                  Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
403




               1   don't have a copy of it, but I'm sure you do.

               2        Q.   Would it surprise you if it was disclosed all

               3   1.2 million as a political contribution?

               4        A.   I have no idea what the law requires.   Our
lawyers are

               5   very careful to make sure they comply with state law.

               6        Q.   Do you know Frank McKay, don't you?

               7        A.   I don't know if I ever met him.   I believe
he's the

               8   head of the State Independence Party.

               9        Q.   Did you think you could have picked up the
telephone

              10   and called Frank McKay and he would expect your call?

              11        A.   I assume he would have.

              12        Q.   Assume he would, right?

              13        A.   Assume so.

              14        Q.   And did you talk to Frank McKay, the head of
the New

              15   York State Independence Party about how the money was
going to be

              16   spent?

              17        A.   I did not.

              18        Q.   Did you ask anybody the identity of the vendor
that was

              19   going to be used for ballot security?

              20        A.   I didn't know there was a vendor involved.

              21        Q.   Now, you've talked about all these candidates
that you
               22   providing ballot security for.   Can you tell me the
names of all

               23   those people?

               24        A.   None whatsoever.

               25        Q.   Okay.   Did you endorse any of those
candidates?


                                    Susan Bell Siano, RPR
                                    Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
404




              1         A.   I have no recollection.   It was a long time
ago.

              2         Q.   Did you inform any of those candidates, hey,
I'm

              3   providing ballot security for you?

              4         A.   That would have been the job of the
Independence Party

              5   to do that and I don't know whether they did or did not.

              6         Q.   Did you instruct anybody to make sure that all
these

              7   people who are getting the benefit of ballot security
from you

              8   were going to know about it?

              9         A.   That's the responsibility of the Independence
Party

            10    that put those people on their line.

            11          Q.   I'm not asking you the responsibility.    You've
answered

            12    that ten times already.   I'm asking you:   Did you inform
even one

            13    Independence Party candidate he was -- he or she was
getting

            14    ballot security?

            15          A.   I did not.

            16          Q.   Did you tell Kevin Sheekey make sure those
guys know

            17    I'm giving him ballot security?

            18          A.   I have no recollection whether I did or
didn't.

            19          Q.   Did you tell Patricia Harris, hey, I'm paying
             20   1.2 million.   I want to get the political fallout from
that, make

             21   sure you --

             22        A.   I don't know if there was any political
fallout, but I

             23   don't believe I did.

             24        Q.   I should say political benefit from that.   You
didn't

             25   tell Patricia Harris make sure they know, right?


                                  Susan Bell Siano, RPR
                                  Senior Court Reporter
                     Mr. Bloomberg - Cross (Cont.) By Mr. Castello
405




               1        A.   I don't remember doing so.

               2        Q.   If your money was providing ballot security
for all

               3   these people on the Independence Party line, don't you
think they

               4   would want to know?

               5        A.   I don't know.    You'll have to ask them.

               6        Q.   Do you know how many people you were providing
this

               7   ballot security for?

               8        A.   I have no idea whatsoever.

               9        Q.   Is your complaint with Mr. Haggerty that he
alledgedly

              10   promised he would do things that he was not going to do;
is that

              11   your complaint?

              12        A.   I'm not sure who makes the complaint.    It's
the

              13   District Attorney.     My understanding is he had promised
to do

              14   things, provided documentation that said he would spend
our

              15   moneys or he would instruct the Independence Party to
spend our

              16   moneys in a given way to provide ballot security, but
instead he

              17   just took the money for his personal gain.    That's my

              18   understanding.

              19        Q.   So your understanding is he alledgedly
promised he
           20   would do things that he did not intend to do, is that
your

           21   understanding?

           22        A.     I have no idea what his intent was.   I said he
promised

           23   things that he did not do.

           24        Q.     And isn't that what you regularly did at
Solomon

           25   Brothers?


                                 Susan Bell Siano, RPR
                                 Senior Court Reporter
                  Mr. Bloomberg - Cross (Cont.) By Mr. Castello
406




              1      A.     I beg your pardon.

              2                 MR. SEIDEL:   Objection, Judge.

              3                 THE COURT:    Sustained.

              4      Q.     You wrote a book, didn't you, sir?

              5      A.     I did.

              6                 MR. SEIDEL:   Judge, I can anticipate a
line of

              7      questioning that makes a good theater, but it's not
relevant

              8      and it's improper.

              9                 MR. CASTELLO:    He doesn't even know what
I'm going

             10     to ask.    And I'm going to be asking questions of

             11     Mr. Bloomberg's credibility based on things he
wrote.

             12                 THE COURT:    Overruled.

             13                 MR. CASTELLO:    I ask if this book itself
be marked

             14     as O.

             15                 (Whereupon, Defendant's Exhibit O is
marked for

             16     identification.)

             17                 MR. CASTELLO:    Yes.   And if we can also
give

             18     certain excerpts and also for the Judge.

             19                 Your Honor, at this point I would have
the

             20     excerpts marked as P.
             21            THE COURT:   We'll mark Defense P for

             22   identification.

             23            (Whereupon, Defendant's Exhibit P is
marked for

             24   identification.)

             25            MR. CASTELLO:   Thank you.


                            Susan Bell Siano, RPR
                            Senior Court Reporter
                       Mr. Bloomberg - Cross (Cont.) By Mr. Castello
407




                 1        Q.   Mr. Bloomberg, I've given you a copy of a book
that you

                 2   wrote, right?

                 3        A.   I did.    Had a lot more hair and a lot less
gray hair

                 4   then a long time ago.

                 5        Q.   That's your book.      And I've also given you a
copy of

                 6   some particular pages, 0, in that book.       And I'm not
going to ask

                 7   you questions about the pages unless you can -- until
you can

                 8   confirm they are the pages I indicated, but do you
recall writing

                 9   in your book that "as I found out at Solomon and again
at the

               10    Bloomberg terminal, you promised users everything then
you build

               11    what you can and what you think they need"?

               12                     MR. SEIDEL:   Judge, objection.

               13                     MR. CASTELLO:   The man said this is what
he did

               14         and it's not telling the truth.

               15                     MR. SEIDEL:   Judge, this is theatre and
it's not

               16         relevant.

               17                     THE COURT:    Where are you reading from?

               18                     MR. CASTELLO:    Page 145.

               19                     It goes to the witness's credibility.
            20            MR. SEIDEL:   No, it doesn't, Judge.

            21            It goes to the defendant trying to -- the
defense

            22   I should say, excuse me, trying to focus the jury
on

            23   everything but what the charges are.

            24            MR. CASTELLO:   Your Honor, I asked plenty
of

            25   questions about the charges.   I now want to ask
questions


                           Susan Bell Siano, RPR
                           Senior Court Reporter
                    Mr. Bloomberg - Cross (Cont.) By Mr. Castello
408




              1        about the alleged victim's credibility and I think
I'm

              2        entitled to do that.

              3                   THE COURT:    Counsel, step up and show me
the

              4        particular line you're referring to.

              5                   (A bench conference was held off the
record.)

              6                   (Whereupon, the bench conference
concluded and the

              7        proceedings continued in opened court as follows:)

              8                   THE COURT:    I'm going to deny it on
relevance

              9        grounds.

             10        Q.   Did you also say at Solomon "we promised
everything and

            11    set out to build --

            12                    MR. SEIDEL:   Judge, objection, same
thing.

            13                    MR. CASTELLO:   It's a different question.

            14                    THE COURT:    That's the same sentence.

             15                   MR. CASTELLO:    Your Honor, it's a
different place

            16         in the book.   It's the second place where he said
the

            17         similar thing, page 146 beginning with the first
full

            18         paragraph.

            19                    THE COURT:    Let me look at it.
           20                   Sustained.   Relevance.

           21        Q.   Mr. Bloomberg, did you hear any complaints on
Election

           22   Day regarding ballot security?

           23        A.   No.

           24             (Continued on next page.)

           25


                                Susan Bell Siano, RPR
                                Senior Court Reporter

								
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