AOOASlD

TERRIMIAL DECEMBER7, 2006

I UNITED STATES DTSTRICT COURT

2 CENTRAL DISTRICT OF CALIFORNIA

3 WESTERN DIVISION

5 WfLLIAM RICHERT, an individual; PEARL)

RETCHIN, an individual; A N N J A M I S ON, )
6 an individuaf; a n d o n b e h a l f o f t h ose)
simifarl-y situated,
7
Plaintiffs,
8
vs. CV 05-8257 MMM(P.TWx)
9
WRITERS GUILD OF AMERfCA WtrST, TNC.;
1_0 A N D D O E S 1 T H R O U G H2 0 , T N C L U S I V E ,

LL Defendants

L2

l_3

L4

15 DEPOSTTION OF

l o TERRI MfAL

17 BEVERLY HILLS, CALIFORNIA

18 DECEMBER7, 2OO6

19

20

21_ ATKINSON-BAKER, INC.

COURT REPORTERS
22 500 North Brand Boulevard, Third Floor
Glendale, California 9 ] - 2 0 3
23 (818) ss1-7300

24 R E P O R T E DB Y : RUBENGARCIA, CSR NO. 1-l-305

25 FILE NO. : A00A8I-D

Page1

Atkinson-Baker,Inc. Court Reporters l-800-288-3376

 A00A81t)
TERRI MIAL DECEMBER 7' 2006

1 INDEX
,,rrr colJRT
rr trllAI[! DISTRICT
"):il',""ori'oisrmcroFcALIFURNIA 7
MIAL
'- WITNESS: TERRI
DIVISION
WESTERN

5 BYMR.]OHNSON

Hfi,.trili.l,:ll*ll$l:pi$3
similarlysituateo'
)
'
6
7
I
BYMS'LEHENY
BYMR' SILVERSTEIN

Plaintiffs, ) 9 PAGE
DESCRIPTION
10 PIAINTIFF9EXHIBITS
11 56
t wEsI' iNc';) t DePositionnotice
GUILD
**a* oF AMERI.A
)
lNcLusIVE' tz
ro hil ;ffirHnoucH 20.'
13
L4
15 ro ANSwER:
INsrRucTED.Nor
i: wtrNESs
ouEsrloNs
13 (N.NE)
t4 ;;
b{llj-oi^^ 18
i: Deoosition of rERRIMIAL'takenon Suitezuu' tq
canonDrive'
i? ,nli'fi-"unt, ut +:g no'tn INFORMATIONTO BE SUPPUED:
i6 ;:"":;ry'iiil
i:I':::'3,
/' :lffiT}:
zu(
.,*
il,i:"'[j,fr1 ;;
;;
(N.NE)
19 ThuEdaY,DecemDer
20 No' 11305' 22
al
23
24
23
24
zt

7' 2006
DECEMBER
HILLS,CAUFORNIA' THURSDAY'
1 BEVERLY
Z 1 1 : 1 0A M '
I
7 APPEARANCES
3
FORPtAtI'ITIFFS: 4
4 5 TERRIMIAL,
lOHNSON& RISHWAIN was
o nuuingbeenfirst dulYsworn'
5 ei: |'IEVIUEL. IOHNSON as follovrs:
439 North CanonDrive ) urutninedand testified
6
eo2lo
;:it:,i'|3r-,carirornia I In
guesswe shouldidentifyeveryone
7 (310)975-1080 9 MR'IOHNSON:I
I " - room. Counsel?
10 the
FORDEPONENT: DougSilverstein of Keslukano
it "*. sILVERSTEIN:
9 EIN Terri Mial'
, ^,^,^cFr.Fq oF KTSLUK& SILVERSI of deponent'
,, ,,,u.ro.'n on behalf
10 ii, biiuiiri i' strvensrctu 13 M R . I O H N S O A :n d w e h a v e W l l l i a m R i c h e r t ' w h o i s t h e
N
Boulevaro
9255Sunset --
11 14 'Plaintiffin this caseand
eoo6e
i:5ft1'", carirornia MCCAMBRIDGE: LesleyMackayMccambridge'
senror
iu l,,tt.
17 (310)273-3180 rights at the Writers
13 ii oir".to, of credits and creative
:
AMERT.A
uILDE.F 17 Guildof AmericaWest'
on behaliof the write6
5il3S'YSERSG Ms. LEHENY:EmmaLeheny
If,

lo i31,?fi iu
BY: EMMALEHENY 19 Guild.
t7 510 South MarengoAvenue
Pasadena, california91101 20
796-7sss
(626) ZI EXAMINATION
18
to
ti; 22 BY MR.]OHNSON:
t . " -- you say your last name?
1 2 1 fELlTi:IIi MC.AMBRTDGE ii C Ms. how do
WILIIAM RICHERT 74 A Mial.
122
name' Please?
1 2 3
l ) 4 it Q what is Your legal
lls Page5
Page3

? (Pagcs 2 to 5)

Atkinson-Baker, Inc. Court Reporfers 1-800-288-3376

 AOOAS1D
TERRr MIAL DECEMBER 7, 2006

1 A lt's not a departrnent'It wasjust a unit'

1 A My legalnameis Theresa,with an H, S' Mial I
2 Q Wereyouthepersoninchargeofthatunit?
2 am alsoknownasTerriMadrid-Mial.
3 A was in charge'
No. Ms.MackayMcCambridge
3 Q I appreciateyour coming here today' This
4 involves a lawsuit regarding foreign levy moneys, as
4 Q AnddidyouhaYeothelpeoplewhoworkedinthat
5 department?
5 they're called,at the Writers Guild of America'
6 A Yes.
6 Did You work at the Writers Guild?
7 q Who were theY?
7 A Yes,
I A There were severaltemporaryemployees.There
B Q When did You work there?
as a temporaryemployeein 9 was at one time MonicaRivera.and Beth Paolozzl.
9 A I beganemployment
10 Marchof 1997. I was hired permanentlyin Augustof 1997' 10 Q Beth?
you 11 A Beth.B-e-t-h,Paolozi,andlenniferBarbee.
11 a And you worked there until when, or do
12 consider yourself to still be working there? lZ Q What was the last time you went to work at the
13 wGA physicallY?
13 A I haveneverreceiveda letter of formal
14 A Julythe 6th,2006.
14 termination,
15 Q \itho was working at the department then? Were
15 a Take methrough yourjobhistorywhenyou
16 any of these ladies that you just mentioned working there
16 started as a temp. What did You do?
in the residuals 17 then, Barbee, Paolozzior Rlvera?
t7 A As a temp,I wasa receptionist
18 A To my knowledgeall three of them. But
18 department.Andthe positionof estatestrustassistant
becameavailable.I appliedfor it, andI washiredas 19 Ms. Riverahad not been in the estatestrust area for
19
20 the estatestrust assistant. 20 severalyears.
2L Q That would be when?
zl Q Who wasworking there' Paolozziand Barbee?
22 A Yes.
22 A August,I do believe'7, !997.
23 Q And what did they do in the estates department?
23 a And thatwasYourjobsincethen?
A Bethbasically was doingat that time the same
24 A Mv titlewaschanged.Butotherthanthat,yes' 24
25 dutiesthat I was. Workingwith the deceasedwriters and
I zs Q How did it get changed?
Page6 Page8

1 A It was referredto as a promotion. 1 beneficiaries,processingchecks.

2 Q But what was the title? a What was their title, Paolozziand Barbee?
3 A Estatestrust manager. 3 A Paolozzi wasestatestrust coordinator.AndI
4 Q When did You become the estates trust manager? do not knowwhatJennifer'stitle is.
5 A t cannotbe exactiycorrect,but it was, I do 5 a What are your duUes,or were your duties,in
6 believe,in Januaryof 2002. the estates department?
7 q Didyougetanyotherpromotionsotherthan l A Fromwhento when?
I that? Q When you were the manager,estatestrust
9 A N o . manager.
10 A Locatingbeneficiaries, sendingout the
lO Q When you were estates trust manager, who was
11 your supervisor? 1 1 necessary documents to
requiredfor the beneflciaries
LZ A As estatestrust manager,LesleyMackay L2 completein orderto receiveresiduals,I was in charge
13 McCambridgeand MaureenoxleY. .i.J of maritalandcorporatedissolutjons.Tax levies.I'm
!4 Q Did theY both have the same title, or were they 1 4 tryingto think. Therewereso many.At the moment
l5 in different posit'rons? 15 thatsaboutallI canremember.
16 A DifferentPositions. 16 a Did you bring complaintsor issuesthat you had
17 Q What were the positions as you understood them? 17 to your superiors at the Writers Guild about issues
18 A 1"1s. MackayMcGmbridgewas the director'and 18 relatingto yourjob?
19 MaureenOxleywas - I think it was either 19 A Well,its a matterof speakinghere' I didn't
20 assistantadministrativeassistantor administrauve 20 complain.I voicedheavy,seriousconcerns.
2l assistant.one of the two. I'm not sure. I cant 2I Q Whatwere those concerns?
22 remember. Shewas in an administrativeposition. 22 A That both livinganddeceased writersandtheir
23 Q Didyouhavepeople--wereyoutheheadofthe 23 beneficiarieshadnot beenpaid' Thatthereweremany
24 department, of the estates trust department' were you the 24 dormantfileslayingtherethat shouldhavebeentaken
25 head ofthatdePaftment? 25 careof yearsbeforeI got there,

PageT Page9

3 (Pages6 to 9)

Atkinson-Baker, Inc. Court Reporters 1-800-288-3376

 AOOASlD
TERRr MIAL DECEMBER 7, 2006

1 A I'm sorry.Theirtitles. MaryCaseyis nowthe

1 Q Are those the primary complaints or are there
2 any others, or concerns?
manager.
2 humanresources At thattimeshewasnot' I
that I vvasbeing 3 don't remember what her title was. She was more or less
3 A I did at onetime complain
- -- 4 title' But Zara
an assistant,I don't rememberMelinda's
4 supervised this was prior to Ms. MackayMcCambridge
5 that I was beingsupervisedby someonethat had no 5 was the directorof humanresources.
6 knowledgeof estatestrust or anythingof the like' 6 Q Whenyouexpressedyourconcernstosupervisors
7 and people in human resources, did you ever do it in
7 Q And who was that person that had no knowledge?
I A NancyForbes. I writing? Did You document it?
9 A E-mails.That'sabout it,
9 Q To whom did You comPlain?
A To Mary Devlin,who was then the actingdirector 10 Q E-mails?
10
11 of residuals. 11 A Uh-huh.
"Yes"; correct?
particular 72 Q That's a
12 Q When did you complain about this
concern relating to supervision? 13 A Yes,e-mails.
13
A I'm sorry. I can'tgive you the exactyear' It f4 Q You have to answer audibly. Have you ever been
!4
15 wasmanyyearsago. I'm sorry. I can'tgiveyou the 15 deposed before?
16 exactyear. 16 A Yes.
17 Q Let'sgobacktothefirstconcern' Yousaid
17 Q How many times?
18 living and deceasedwriters were not being paid' When did 18 A once.
19 you expressthat concern and to whom? 19 Q What was that in connection with?
20 MS.LEHET'IY:Objection.I think that 20 A It was in connectionwith a lawsuit,Gary
hertestimony.I thoughtshesaidliving
21 mischaracterizes 21 Colemanversushis Parents,
did you
22 anddeceased benenciaries. 22 Q Why were you a witness in that? What
23 have knowledge of?
23 THEWITNESS:No,I did not. I saidlivingand
writersandtheirbeneficiaries.
24 deceased 24 A Garywas like a son to me, and I was at one
25 MS.LEHENY: Thankyo- 25 oointin time his manager.

1 q How many e-mails would you say expressed

1 B Y M R .J O H N S O N :
this? 2 concernsabout the payment or non-payment of moneys tlat
2 Q To whom did you complain and when, about
3 wercdue?
3 A I voiced my concernthe secondday I was on the
job. 4 A I can'ttellYou. I don'tknow.
4
5 To whom did You voice the concern?
5 Q CanYou give me an estimate?
Q
To the then-actingdirector,GeneBrown' 6 A A few. A few over Periodsof time.
6 A
7 Is that G-en-e?
7 Q Whatwerethespecificconcernsyouhadabout
Q
I do believeso' B the -- what moneys are we talking about that were not
B A
And that Person is a male? 9 being paid and what wer! the concerns? Give me the actual
9 Q
10 problem itself.
10 A Yes.
11 A Thereweremoneys that hadbeensittingin files
1l Q Did you ever voice concerns subsequently about
12 of thousands
longbeforeI tookthe posltion.Hundreds of
12 this issue?
13 dollarssittingin filesthat basicdlly stale
hadbecome
13 A I guessyou couldsay I was a chronicvoiceof
14 dated.Somehad- manyof themhadescheatcd to the
14 concern.
15 Stateof California, problems.Andmy basic
whichcauses
15 Q To Your suPervisorc?
16 concern wasjustwhydidthishappen?
16 A And to humanresources.
you voice the 77 Q what were the nature of the moneys?
f7 Q And who at human resources would
18 A Thenatureof the moneys weremoneysdueto
18 concern?
19 by the studiosandthey
writersthathadbeencontracted
19 A That was yearsago. MelindaRoberb, Mary
20 werealsoforeignlevies.
20 Casey,and ZaraTaylor.
21 Q so residualsand foreign levies?
2l Q And what were their positions at human
22 A Yes.
22 resources, orin human resources? --
23 A Very empatheticand sympathetic. 73 Q Give me an idea of the magnitude first of
24 all, did you ever have to deal with estates of people who
24 a Were they the directors? What were their
25 were never members of the union but who might otherwise be
25 titles?

10to 13)
4 (Pages
Atkinson-Baker,Inc. Court Reporters 1-800-288-3376
 AOOAslD
TERRI MIAL DECEMBER 7' 2006

1 entitled to foreign levY moneYs? 1 A Residuals.

2 A A few. Theyweren'tthat common.A few' 2 Q And when did she tell Youthat?
3 A It wasmoreor lessa joke. I wastold several
3 Q whatwasyouractualchargeormandate? Imean'
4 w h a t w e r e y o u s u p p o s e d t o d o ? F i n d t h e s e P e o p l !?G e t 4 times.Andshewasnotthe onlypersonthattoldmethat'
5 them to fill outthe forms? 5 Q Who else told you that? Before you go on' is
6 A A major part of my duty was to exercisedue 6 ChaconsUll working there?
7 in everyaspect.
diligence 7 A Yes.
I Q Were you complainingthat you were
prevented or 8 Q Is her title still administrator of residuals,
9 prohibited or somehow unable to do that for any particular 9 if you know?
10 reason? l0 A No, She'snotin residuals. She'sover
11 A Yes. 11 registration.I do believeshe'sadministratorof
LZ Q What was Your comPlaint? t2 registration.
13 A The volume. 13 Q Who elsetold you that the deceasedwere not a
14 Q You didn't have enough staff is what You're 14 priority?
15 saying? 15 A Mostof mYsuPervisors.
16 A (No audibleresPonse.) 16 a Give me the names.
77 Q You have to answer audiblY. 17 A MaryDevlin,GeneBrown,NancyForbes.
18 A Yes. The volumeofwork that I inherited 18 Q How about Ms' McCambridge?
19 Q Youcomplainedtieseconddayonthejob' You 19 A Sheneverusedthatterminology, no'
20 wereonthejobfortenyears, Didyou evergetmore 20 Q Did you ever complainto Ms. McC:mbridge?
21 staffing? 2l A Allthe time.
22 A Idid. Inamedthem' 22 Q What was her responsewhen you complained?
23 Q You named them? 23 A ManytimesLesley wasveryhelpfulin doingwhat
24 A Yes,ldid. 24 shecouldto easethe situationqmanytimes'
25 Q So when you went in, how manY staffwas tlere? 25 Q Shouldshe, in your opinion,havedone more?

Pagel 4 Paget6

1 A M e . 1 A Of course.
2 Q Justyou? 7 Q And whatshould have been done?
3 A M e . J A In my opinion,the staffingshouldhavebeen
4 Q Andultimatelyyouincreasedthestafftoa increasedlong beforeit was,
5 total of four; is tlat correct? Q Did any ofthese supervisorsgive you an
6 A No. The namesthat I gaveyou werepeople-- 6 indication as to why staffing could or could not be
7 Q who were there at one time or another? 7 increased,such as it's going to cost too much money,
8 A BethPaolozziwas the only personin the past,I 8 besidesthe deceasednot being a priority?
9 wouldsay,wo to threeyears,the only permanentperson 9 A Deceasedare not priorirybecausethey do not
10 that wasworkingwith me, 1 0 generateresiduals- I'm sorry, not residuals.They do
11 Q Do you have any understanding asto whYyou were l 1 not generateoues.
12 not given more staff,.t t2 Q Give me an idea of the magnitude of the problem
13 A I knowwhat I wastold severaltimes. 1J over the last few years. In other words. how much of a
7q Q What were you told? t4 backlog was there, and describethe backlog,
15 A Deceased memberswerenot priorify. 15 A Itsverydifficulttodescribe,AsI
explained,just hundredsof thousands of dollarsof moneys
15 Q And who told Youthat? IO

77 A I wastold by -- wouldyou likethe names? 7 7 that were sitting in people'sfilesthat had beensitting
18 Q Yes, The names. 18 there for years,
19 A Onewas Caroline Chacon. 19 Q we're talking checks?
20 Q C-h-a-c-o-n? 20 A Checks.Physicalchecks.
2l A Correct, 2l Q And the checks, you say, were stale dated. In
"Not valid after
22 Q Andhertitlewasatthetime? 27 other words, the checks would say on them
23 A Shewas - I do believeshewas an 23 90 days" or six months or something like that?
24 administrator. 24 A Exactly. And someofthem were-- someofthe
25 Q In whatdepartment? 25 companieswere exbncL They had goneout of business.

Pagel 5 Page17

5 (Pagesl4to 17)

Atkinson-Baker,Inc. Court Reporters 1-800-288-3376

 AOOAS1D
TERRI MIAL DECEMBER 7' 2006

1 You requestwills,trusts,probateoroers,
A
1 Q What did You do with those checks?
2 anwhinginvolvingthe natureof the estate'
2 A Leftthemin the flle' Whatelsecouldt do
evidence
3 Q So if you got some sort of leEitimate
3 withthem? you pay it out'
4 that it was a rightful heir, then would
checks
4 Q Where were they kept, the actual
5 Isthat howYou did it?
5 themselves?
6 A It wasn'tonlythat. We had a
6 A In the files.
7 declaration/affidavit. Manywritersdid not leave
7 Q Are we talking filang cabinets there?
B wills nor havetheir estatesprobated' Sothe
I A No - well,actuallythe estatestrust files had
-'I'm sorry' I 9 declaration/affidavitbasicallywas the determiningfactor
9 their orrynlocation' Andthen therewas
i f I m e n t i o n eidt ' I w a s a l s oi n c h a r g e oaf t 10 that they were signinqunderthe penaltyof perjurythat
10 don'tknow
"Cannotlocate" They'renow 11 they werethe rjghtfulheir of the estate'
11 that time what'scalled
you interface with those who
12 called"Undeliverables." Therewasmoneysin thoseflles L2 Q How, if at all, did
13 were responsible for collecting and paying out forelgn
13 as well.
many files 14 levies?
14 Q can you give me an estimate as to how
15 A WouldYourepeatthe questjon?
15 there were that had these checks that were not being those who
16 processed?
16 Q How, if at all, did you interface with
andcannotlocates,I would 17 were responsible for paying outforeign levies?
!7 A Betweenthe deceased
18 A Forthosethat were responsible for paying?
18 saymaybea tiousand'
19 Yes. Let's iust 90 there now' Who did you
you say were files Q
19 Q And how many of those would foreign levies departrnent
20 understandwas in charge ofthe
20 of people who had never been members of the Writers Guild?
21 at the wGA?
2I A I wouldsayveryfew,if any.
ZZ A For mostof the years,when I first started
22 Q Dozens?Wouldthatbefair?
A No. Fornon-members? 23 there was MichaelGrant.
23
24 Q Right.
24 Q SPellhis last name, Please'
25 A Grant,G-r-a-n-t. He reporteddirectlyto Gene
25 A No.

--
q Lessthan a dozen? I Brown.Andthentherewas
1 going
2 A Yes. 2 Q Letmejuststopyou rightthere' We're
Howfarbackdidsomeofthefilesgo? 3 to see who is next after that.
3 Q
4 Grant doesn't work there anYmore?
4 A Fiftyyears.
problem that you simply did 5 A He hasn'tworkedtherefor years'
5 Q Was the predominant
not have the manpower -- in other words, were there any
6 Q DoYouknowwherehewent?
6
paying 7 and then I
A He went to SpellingEntertainmentr
7 other problems besidesnot having the manpower in
B don'tknowwhathappened afterthat.
8 out these people,or was that p retty much exclusivelythe
9 issue?
9 Q And when did he leave the WGA?
10 A I can't giveyou a date, but it was either
t0 A Anotherissuewas,fortunatelyI hadlegal -
burtI wasnot trainedat all l wasjust 11 withinthe firstYearthat I came
11 knowledge,
''Gofor it" - andtold "Go 12 Q Soon after You arrived?
12 usheredto my seatandsaid,
13 A Yes.
13 for it." So it wasa learningprocessas well'
q How about in determining who was a rightful or 14 Q Gene 8rown, does he work at the wGA anymore?
14
15 A No.
15 legitimate heir, Were you given instructions one way or
16 the other?
16 Q When did he leave the WGA?
to, as I said,legallyI was \7 A lfs beena few years. I can't giveyou an
17 A No. I happened
18 exact.
18 ableto basicallydo all that by myself'
you develop some 19 Q AfewYearsafterYoustarted?
19 Q And when you did it, did
Z0 A Yes.
20 procedureforwhowould getthemoney? Fotexample'
has gone?
2l "You're a legitimate child" or'You're a legitimate heir'" Zl Q Do you have any idea where he
22 A No.
22Would you require courtorders or letters of
administration,an authority from an administrator or
23 Q SoafterGrant'whotookoverforeignlevies?
23 to
how did 24 One more thing. And Brown, at the time Grant reported
24 administratri& things like that? In other words, of residuals?
25 him was, what' the director
25 you do Yourjob?

6 (Pagesl8 to 21)
1-800-288-3376
Atkinson-Baker' Inc. Court Reporters
 AOOASlD
TERRI MIAL DECEMBER 7' 2006

I M i c h e l lTer i n h .
1 A Yes.
2 Q T-r-i-n-h?
2 Q So after Grant, who ran the department?
A Yes.
3 A Foreignlevieswasnot a departmentat that J
was her
4 time, Foreign levieswasa unitwithinthe residuals Q And Boughton did what position? What
department, sameas estatesandtrust' They'reunits' title?
5
A I do believeit was coordinator,foreign levies
6 Q So after Grant,who ran the unit?
7 A I do believeRodAguirrecameafterMichael 7 coordinator.
8 Grant. I Q And what was Trinh's title?
A She is assistant- administrativeassistant,I
9 Q That'sA-g-u-i-r'r-e?
10 A Yes. 10 do believe,or assistantadministrator. One of the two,
ll of foreign levies.
11 Q And he rePortedto? --
L7 A If my memoryis correct,he reportedto the
rt
Q Did the people in did you ever liaise with
13 directorof residuals I knowat one
at first' Because l 3 anybody else after Trinh, for foreign levies?

14 time,I do believehe reportedto Lesley,LesleyMackay 74 A well, all of her staff.

15 14ccambridge. 15 Q All of her staff. And who runs the dePartment
t o when you were last there? Was it Trinh?
16 Q Thenitwasswitchedtoanotherperson?
17 A Foreignleviesbecamea separateentity. Andhe L/ A When I was lastthere,Yes.
18 left the floorandreportedto someoneelse. 18 Q Did that department ever complain to you about
1 9 issues or problems they had in getting moneys paid out?
19 Q Who was the assistantexecutivedirector of the
union? What'sthat Person'sname? 20 A No. I was complaining to them.
20
27 A Theexecutivedirector? Q You complained also to foreign levies?
72 Q Yes. Under McClaneis who? 22 A Yes.
23 A There'smany. 5 Q What did you comptain about or express concerns
24 Q Who'sthe Personnow? Do Youknow? 24 about?
25 A Theassistant? 25 A They were sendingme batchesof checksthis high

Page22 Page24

1 Q Right, 1 withonlya name.Nosocial.Nonothing.1 didn'tknow

z A Thereare manyasslstantexecutivedirectors. 2 whoto sendit to.
3 The executivedirectoris DavidYoung. 3 Q You indicatedabout a footworth ofchecks;is
Q ts there a dePuty executor? 4 that right just now?
5 A No,there'smanyassistantexecutivedirectors. 5 A (Noaudibleresponse,)
6 "Yes"?
6 Q Do you know if foreign residuals reported to Q
7 somebody who was directly undet Mcclane and then Young? 7 A Yes. I'm sorry.
I A Rodreported to lohn Mcclane.Andif my memory 8 Q So that would be, what would you saY,three
9 servesmecorred,he also- I knowthe personnowdoes, t hundredchecksat a time, or more even?
10 to Chuck
reported
but I don'tknowif he did actually, 10 A More.
11 Slocum. 11 Q Athousandchecks? Giveme an estimate.
LZ Q Right, Doyou know how it cameto bethatthe lZ A That'shardto say. I wouldsayfrom200to 500
13 foreign levies were switched out of residuals and sent 13 checks.It wasfrequent.
14 over to Slocumand Mcclane? 14 Q And how often would you getstacks of checks
A I don't. 15 like that?
tb Q Do!sthat make anY logic or senseto you? 16 A Often. Whathe woulddo wasbasically therewas
77 a periodwherehewouldjust - I usethisterminology -
77 A Yes,it did.
18 Q whv? 18 to spitchecksout, Andso they wouldjust comein big
19 A Because of the volumeof work, I meanof checks' 19 stack. it wasn'ton a dailybasis,It wasn'ton a
20 It did makesense. 20 weeklybasis,
z1 Q Let's go back -- okay' so let's finish up wltfi 2! Q Andhowmanyofthosecheckswereyouableto
z2 who you werc interfacing with' After Aguirre, did you 22 process?
2 3 interface with anyone else in foreign levles? 23 A I didn'tprocessthem.
24 A Fora bneftime I do believeit wasSarah 24 Q What did you do with them?
2 5 Boughton.I do believeit wasSarahBoughton.Andthen 25 A Forthosemembersthat weredeceased andI had

Page23 Page25

7 (Pages22 to 25)

Atkinson-Baker,Inc. Court Reporters 1-800-288-3376

 AOOAS1D
TERRI MIAL DECEMBER 7, 2006

1 A Thafs correct.
1 filesfor, I placedthem in the file untilI could -- many times did
2 finalizethe paperwork.Forthosethat I had no ideawhat
2 Q When did you complainto how
3 you complain to Gor about non'payment of the foreign lew
3 to do with, theYsat,
4 money?
4 Q Andwhatpercentageofthosewereyouableto
5 A Directlyto Gor?
5 process for everY hundred checks?
6 Q Right.
6 A It varied. lt just varied. Manyof them at
7 A Not manyumes'
7 timesI couldlocatethe writeror the beneflciary'Many
8 Q Give me Your best estimate'
8 of them I couldn't,TheYjust sat'
you say in an average year 9 A In conversation,manytimes' I was there doing
9 Q Wellr how many would give
process? Hundreds? Thousands? 10 the Jobfor overeightanda halfyears' So I can't
10 would you be unable to
I will say hundreds' l1 you an exactnumberof timesthat I spoketo people'
11 A I won'tsay thousands.
to process? 12 Q Wereyouevertoldhowmuchmoneywasinthe
17 Q And how manY would you be able
13 foreign lew accounts?
13 A Hundreds.
year after year? 14 A On a few occasionsI was told millions' At one
14 Q And this would be building up
I was there' 15 time about23 million'
15 A For the nine Years
16 Q Didanybodyeverteltyouwhatwashappening
16 Q Soattheendofnineyearstherewerethousands
17 with the interest on those ac!ounts?
17 of checks that had never been processed? with
18 A No onehadto tell me whatwas happening
18 A You better believeit. the
19 the interest. The WritersGuildwas collectrng
f9 Q But the money was still in WGA accounts?
20 interest.
20 A Thosechecks,fortunately,do not stale date'
ZI Q How do You know that?
2l wGA checksdon't stale date.
from 22 A Becausethey were in the WritersGuildaccounts'
22 Q How aboutthechecksthatcame in
23 Q Didyouevercomplainaboutthefactthatthe
23 residuals,why weren't they deposited and placed into
24 Writers Guild was collecting this interest on these
24 accounts?
timefthe WritersGuilddid 25 accounts?
25 A At that partlcutar

1 A did.
No. l'4Ybeneficiaries
1 not havea trust fund accountto depositthosemoneys'
fund 2 Q Some ofYourbeneficiaries did?
2 Q Did it eventually estabtish a trust that had moneysittjng
3 A Mostof my beneficiaraes
3 account?
there for many years/they wanted the interestthat the
4 A Yes.
and the 5 WrltersGuildhad beenaccruing.
5 Q And then itwould depositthose checks
6 moneY would never get paid out; is that right? o Q Did theY comPlain in writing?
- 7 A TelePhone'
7 A The moneYswouldget Paidout your
8 If You found the PaYee? Q Would you bring their concerns to
Q "These peopte want to get paid
9 supervisors, saying,
9 A And if and when the chieffinancialofficer
1 0 interest"?
L0 choseto PaYit.
11 A Yes. And they wouldalsobringtheir concerns
11 Q Andthatwouldbewho? DonGor?
7L to my suPervisors.
12 A That's correct.
in the ways in 13 Q And whatwas the resPonse?
13 Q Did you have issues with Don Gor
T4 A I can'ttell vou what their responsewas'
14 which he Paid the moneY? and said'
ls A Yes,idid.
15 Q well, you went to your supervisors
IO
"Beneficiaries want interest. Am I allowed to pay it?"
16 Q What were the issues?
17 Is that what you did?
17 A "PaYthe money."
18 A No, t wouldn'taskwhetherI was allowedto pay
18 Q Andwhatwouldhesaywhenyouwouldsay"'Why
l9 it. I was not in the positionto pay anyoneany interest'
19 isn't the moneY being Paid"?
of your
20 A For foreign levies,the moneyswere disputed'
20 Q You passed on the concern to some
"so-and-so would like to get
to you' if at 2T supervisors and iust said,
2l Q What was the dispute, as explained
22 paid interest. You need to deal with it"? How would you
22 all?
pass it on?
A That the moneysowed to the writers were
15
23
A "Youneedto dealwith it"' At one point in
24 disDuted.
IJ time when MaryDevlinwas my supervisor,she had brought
25 Q DisPuted bY who? The WGA?

8 (Pages26 to 29)
1-800-288-3376
Atkinson-Baker,Inc. Court Reporters
 AOOASlD
7,2006
TERRIMIAL DECEMBER

1 up the factthat the Guildwasconsidering establishing
2 someWDeof Uust fund to pay out tie interestto those
3 complaining beneficiariesin orderto avoidlawsuits.
4 Q When were you told this?
f, A Thatwas backin 1998'
Q How did you determine which of the backlog,
l which accounts in the backlog to work on?
8 A It wasn'teasy. Basicallywhen I Rrststarted
9 there was so muchof a backlog,I was basicallytryingto
1 0 work on thosethat had beensittingfor years' But people
1 1 weredyingon a dailybasis.I mean,I've hadas manyas
1 Q And the checks were otherwise there in the
2 files. Who told you to destroy those batches?
A My supervisors,
a Q All of your supervisors that you have indicated?
f, A Well,it was just a matterof procedurewhen I
6 Rrststarted. I mean,eachsupervisor did not tell me.
7 That was just somethingthat was a part of the job. i
I mean, we didn't have storage spaceto store all of these
Y thlngs,
10 Q Are they on computer somewhere, this batch of
1 1 checks as they came in? You have the printouts you say

10. 15 peopledie in a week. t2 you destroyed. Otherwise is there a record ofthese

13 Basicallymy priority,unlessI was told by my 13 checks, do you know?
"Thisis priority,"then I would basically 74 A They're listed under each writer.
l 4 supervisors
t) just take things as they camein. 1 q
Q That's all you know?
IO Q It sounds as though you weren'table to devote a 16 A That'sall I know.
substantial amount oftime on the backlog becauseyou had f / Q In the thousands of files that are there?
1 8 so much of just current actavityi is that right? 18 A In the computer,the writer'srecordin the
19 A I couldn'tdevotea lonq periodof time on any 19 comouter.
20 filebecause therewasjust too muchgoingon. Entirely 20 Q In the computer,
2 l too much. I hadtoo manyotherdutieshat I hadto take 71 A Eachcheckthat is paidto a speciilcwriter is
22 careof as well. 22 insertedin the writer's --
23 Q when you got the checks from foreign levies 23 Q And then the physical checks, some going back 5O
zq departmen! were you told to 9o try and find these people? 24 years, are sitting in files at the wGA right now?
25 A As I explainedboyou before,my job was to zt A I don't know what'ssittingin the WGAfilesat

Page30 Page32

1 exerciseduediligencein locatinganyone that I could. 1 thispoint.

-'the livingas well; is 2 Q Lefssaythere'sacheckfor20yearcagofor
2 Q And that meansnot
3 that correct? 3 'The Rifleman" or whatever it may b!, 3O years ago, or
"Mission Impossible' show.
4 A Absolutely. 4 "sea Hunt" or "Lassie" or the
5 I mean, where are those checks' assuming there are checks?
5 Q So you were the sole petsonat the Writers Guild
6 responsiblefor finding all '- 6 A I cantell you any checks-- there'sa different
A At onePointin time,Yes,I was' 7 procedure now,whichMs.McCambridge inskumented.The
7
I checksdon'tsit - if they'renot stale.they don't sit
S Q On top of all your other duties?
9 A Yes. 9 in the filesanymore.
10 Q Were you ever given any written instructionsor 10 Q Nowtheygointoan account?
11 manualas to how to do Yourjob? 11 A Theygo intoa trustaccountuntrlthe
lZ A Nothing otherthanthejob description, which 12 beneficiaryis located.
13 wasonepage,andit wasjust the hiringjob description. 13 Q When did that policy get instituted?
74 A It's beenin effecta YearoTso.
L4 Q Were you evertold to destroydocuments?
15 A Therewerea few,that aftera certainperiodof 15 Q And previously to thatr where are the checks
16 time,likesixmonths,we wouldkeepcertainrecords for 16 from yesteryear? Are they in the individual files?
!7 sixmonths,andthenaftersixmonthswe shredded them. 77 A The old checks?
18 Q What kind of recordsare we talking about? 18 Q Right.
19 A Thebatch-'oh, boy. Batchsheets'When 19 A As far as I know,they'restitlin the file.
20 checkscomein,they'rebatched, andeadrcheckis listed' 20 They'reuseless.
2l MS.LEHENY:I'm sorryto intenupt,but I think it
n Q The checksof incomethat camein from third
22 parties you were told to destroy after six months? ZZ maysavetime if you clarifywhetherwe'retalkingabout
23 A Notthe checks. 23 residualsor foreignleviesratherthan me goinqbackand
24 reaskingall thesequestionslater.
24 Q The batch listing the checks?
25 A Listing thechecks 25 ilt

Page3 I Page33

9 (Pages
30 to 33)
Atkinson-Baker,Inc.Court Reporters 1-800-288-3376
 A00.A.81D
TERRI MIAL DECEMBER7, 2006
"If I'm going
1 to killyou,"or youdo thisonemoretime'
1 BY MR.JOHNSON: just way' And I did tell her
2 to killyou,"that was my
2 Q what are we talking about? going withthe
ask 3 thatI knewtherewasan investigation on
3 A Both. Anytime, unlessyou specifically andthat I wasveryctose
4 WritersGuildby thegovernment,
4 about a foreign levy, ifs both'
levies, were You ever 5 to it, andI wantedto makesurethatshedideverything
5 Q with respect to foreign
foreign levy 6 to keephernoseclean'SoI wasgiving her
6 instructed or encouraged to work with the "If
AndI didsayto her, yourepeatthis'
to and find, let's say, writers who had 7 encouragement.
7 department try deaththreat'
to those 8 I'm goingto killyou,"that'sthealleged
8 never been in the wGA but who might be entitled
9 a wasthatadeaththreatthathadanYsubstance
9 moneys? seriousthreat
t0 to ii, in the sensethat you were makinga
10 A I workedctoselywith the foreign levies' And
where I 11 to her?
11 then there was a unit that was stablished anyone, butespecially Beth'
reallyexercisethe due 72 A I wouldn'tthreaten
12 eventuallydid not have to 200 pounds more
13 She's30 yearsmy juniorand weighsabout
in about
13 diligencein this particularunit They brought
and they were the ones that 14 thanI do. "You
74 15, 20 temp employees, you and saidt
did the work.
15 Q So tomebodycameto
15 basically or you're
unit? 16 threatenedBeth and you're going to be fired
16 Q when did theY bring in that going to resign"?
L7
17 A Well,there was one person'or two people' was
three' four 18 A I wascalledin to a meetingthatsupposedly
18 ChrisTemplestarted,i would say, about maybe
would give him 19 supposed to be my six-monthreview' Andwhenthe doors
19 years ago. He started. And then they
20 wereshut,I wasgreetedby EllenGreenstone andLesley
that
20 temps. And then they promotedhim to be over andtold that I wastherefor a death
Zl f'lackayMcCambridge
21 particularunit. overthetelephone
you know? 27 threatthatI hadgivenBethPaolozzi
22 Q Did Gor evertake over, do before, previous Friday'
23 on that Friday
23 A Take over what? "You'reterminatedor
24 Q And then, what, they said'
24 Q Takeoversupervisionofforeignlevies'
but I 25 you haveto leave"?
ZS A I don't knowif he is the mainsupervisor,

1 A No. I wastoldthat I wouldbe placedon paid

1 do knowthat he is very heavilyinvolved!rith foreign of this
2 administrativeleavependingan investigation
2 levies.
supervision has been 3 deaththreat. Thatwason a Thursday'
3 Q Nobody ever told you that
Mc{lane, Young to the chief 4 Mondaymorningit wasgroundsfor termination'
4 moved from Slocum and/or morning?
financial officer Gor; is that right? 5 Q And what happenedon Monday
5 Mary Casey and Lesley Mackay
just this year I 6 A I wascalledby
6 A If my memoryseNes me correct,
was the supervisor' 7 Mccambridge bY telephone'
7 do believeI was told that Don Gor
You don't work at the union anymore' why is B Q At home?
I Q
Why not? 9 A Yes.
9 that? oryou haven't been going in since July' "Don't come in"?
LO A That's a good question' Every'thingthat I have
10 Q And theY said,
unpaid 11 A That'snot what they said'
11 receivedin 'aritingstill indicatesthat I am on saY?
the 10th I was 12 a what did they
12 administrative leave. However, on July
13 A Thatthe Guildhadestablished that threatswere
was
13 verballyinskucted that the allegeddeath threat I had the optionto retire'be
to be 14 grounds for termination'
14 groundsfor termination,and I had the option - I thinkI
none ot 15 ierminatedor resign'I asked I didn'task'
15 terminated,retire or resign,which I have done "I'll haveto havea few daysto
16 just responded by saying,
16 those.
this death t7 thinkabout whatl wanttodo.''
77 Q So why don't you tell me about
1B a HaveYou been Paid since then?
18 threat, what actually haPPened'
19 A I received vacationpayoutlastweek' Other
19 A The onlything I can tell you is rhetorically
I treated her 20 thanthat, no'
20 that was - Beth was like a daughterto me' saying you have
I trained her' 2I a And never anything in writing
21 as mYdaughter.
22 been terminated?
22 Q Beth who? me. I didget a finalcheck'yes'
23 A Excuse
23 A P a o l o z z iA' n d i t r v a s j u s t a s t a n d i n g j o k e t h a t untilthat
and over and 24 because I wason unpaidleaveof absence
24 she -- she'dask me the same questionsover yes, get a final for
check that' ancl
"If you ask me one moretime' I'm going 25 Fridav.So I did
25 over,and I'd say,

10 (Pages34 to 37)
1-800-288-3376
Atkinson-Baker, Inc. Court Reporters
 AOOASlD
TERRI MIAL DECEMBER 7, 2006

1 then my vacation. I to December

disabllityleavefrom September of 2005,and
-) uponmy returna new procedurehad beenplaced,in that I
a what was Greenstone'sposition? 2
3 A Sheintroduced herselfasTonySegall's law 3 wouldtakefilesA throughM, and Bethwouldtakeflles N
4 partner.I didn'tknowwhat pQsition or why shewas 4 throughZ.
5 there. 5 Q Was there any regular reporting to your
MR.JOHNSON: I'm givingcounselnoticerightnow 6 supervisorc or any regular queries by your supervisors --
7 that your partneris a \ ritnessin this lawsuitfromthis 7 I realize it's compound. Let me ask.
8 pointforward,and I suggestthat you mayhavea conflict I How aboutyour supervisorc, did they come around
9 of interest,and I wouldpay very closeattentionto 9 and ask, "How's the backlog going" and encourage you to
10 what'sgoingon rightnow regarding this. AndI alsoam 10 get it reduced?
11 informingyou rightnow I'll takeMs.Greenstone's 11 A Sure,whentherewere complaintsby me or
t2 deposition as soonas possible. 12 outside.
1J BYMR,JOHNSON: 13 Q Were you ever able to make any real significant
l4 Q So you know for a fact there is a criminal 14 dent in the backlog that you had?
15 investigation pending by what depaftment of the 15 A At one point in time, yes, it was moving rather
government? 16 smoothly.
L7 A Several.I cannotbe specificon that,but 17 Q And when was that?
18 thereare severalthingsgoingon. 18 A That was aboutthe end of 2001to the beginning
1q Q I am not going to ask you for names, but does 19 of 2002.
20 this includethe FBI? 20 Q And why did it slow down again?
7t A Possibly. 2l A It slowed down becauseI contracteda
22 Q Depaftment of Labor? 22 life-threatening illnessand was out for quitea few
73 A Yes. 23 months.
24 Q Do you believeyou're being retaliated against 24 Q I'm sorrytohearthat, ln termsofyour
25 becauseyou're a whistle blower? 25 testimony here today, you're of good mind, no problems,

Page38 Page40

1 A Absolutely. I Understandall the questions;right?

2 Q Do you have any other concerns about t}le way in 2 A Perfect.
3 which the Writers Guild has been performing its duties and 3 MR,JOHNSON: I don'tthinkI haveanymorequestions
4 obligations to writers other than what you've already told 4 rightnow. I'm surecounsel is goingto havequestions,
5 me so far today? In other words, is there an)'thing else 5 so whydon'twe takefiveminutes.
6 you can add to these facts that would be helpful to all of 6 (Recess.)
7 us tryi ng to understand the problems at the WGA? 7 BYMR.JOHNSON:
8 A My concernis that the deceasedwriters and/or B Q Did you ever find any beneficiariesand were
are not giventhe sameattention*lat
9 their beneficiaries 9 told not to pay them?
10 otherwritersare given.the livingwritersaregiven. 10 A I wastoldtheywerenotto be paidat that
11 Thereshouldbe morestafnng. 11 time. I didn'tphysically
pay,
12 Q How much more staffing are we talking about that L2 Q You were told they were not going to be paid?
13 you feel they really need? 13 A Thattheywerenot goingto be paidat that
L4 A At leastone more. Evenif it would be Dart t4 pointin time. ThatDonGorhadto makethe decision when
15 time. Because I hadaskedat one oointin time ifwe 15 theyweregoingto be paid.Andat thatpointin Umehe
16 couldeven havejust a part-timercomein. 16 wasnotpayingthem.
17 Q Butyou have a tremendous backlog. Ifyou're L7 Q And he was not payingthem as you understood
18 talking about hundreds, if not thousands of files that 1B because?
19 have to be gone through, thafs going totake quite a bit 19 A Theyweredisputed.Hedisputedthe factthey
20 of time. 20 shouldbe paid.
2l A I don't know at this point -. I did have 2L Q Were these residualsand foreign levies?
22 hundreds.Bethprobablyhashundreds. 22 A Foreignlevies,
23 Q You're saying you had hundreds and Beth had 23 Q Do you know whether or not they ever got paid?
24 hundreds too. 24 A To my knowledge, up untilthedayI left,they
25 A As I said.for about- when I went out on 25 hadnot been,

Page39 Page4l

l1 ( Pages
38to 41)
Inc. Court Reporters
Atkinson-Baker, 1-800-288-3376
 AOOASlD
TERRI MIAL DECEMBER 7, 2006

allegeddeaththreat.
you that Gor wasn't going to pay
1 Q And who told MR.JOHNSON:Let'shave Ms' Lehenyask
questions'
2 them becausetheY were disPuted?
A Foreign levies' The foreign leviesdepartrnent'
3 EXAMlNATION
4 Q W h o ?
5 BY MS.LEHENY:
5 A EdgarLandau' Ms' Mial, you testified earlier about
concerns
When did he tell you. Q
6 Q When did that happen? 7 tfrai you brought to individuals at
the Writers Guild'
, tt .iz Was it more than once? That's my question' Was it specifically address
d Which, if any, of those conversations
B more than once?
9 foreign levies?
But the last
9 A Well,it was morethan one person' A All of them, Checksare checks' So thatjust
luly of - I'm sorry' I 10
time that I was told that was
10 1 1 encompassed everything'Checkswere checks'
the lastweekin
11 don'thavea calendarwith me' tt was have mentioned foreign
4th holiday' That'swhenall
t a
Q So while you may not
12 lune, just before the luly about the estate and trust unit'
IJ leviis, you were talking
13 hellbrokeloose. handled?
is here' do you understand t4 any checks You might have
74 Q Ms' Mccambridge,who 15 A AnYchecKs,Yes.
15 her to be a lawYer? where foreign levies
10 Q Can you recall a discussion
16 Yes.
A discussed?
17 were sPecificallY
17 Has she ever been Your lawyer?
Q 18 A Yes.
18 Yes.
A
your lawyer in connection with? 19 Q Which one was that?
19 Q What was she 20 A We had severalmeetings' Manymeetings
between
-- granddaughter'
20 A I retainedher to I adoptedmy gettingthe
7l foreignleviesand my unit, and how to improve
2! Q When was that?
- her checksexpedited.
22 A I do believeit was shewas expecting to your affirmative
six years 23 Q I was actually referring
23 first child, and t think her first child is like about bringing your
in there' 24 concerns, when you testified earlier
24 old. So'99, 2000,somewhere concerns to individuals at the Guild'
Do you r!call that?
25 Did you reveal to her confidential information IJ
Q

get specifically
1 And I'm asking, did foreign levies
1 about Your life? any ofthose conversations?
2 discussed in
2 A Notto mYknowledge'
J A Yes.
3 Q Didyoudiscussyourfinanceswithher? those?
4 a And which ones were
4 A Well,I - goingback,I do believeI explalned to why DonGorwouldnot pay
5 n On"t in reference
5 the circumstances of why I wasadoptingmy granddaughter'
them.
6 t thlnkwe didtouchuPonthat'
7 a When was that conversation?
7 Q sosheknowsdetailsaboutyourintimate A Conversations'
8
B personal litu; is that right?
9 a When were those conversations?
n uunytimes. I can'tgiveyou speciflcdates'
9 A Much.
she interviewed you' did 10
10 Q Ms. Greenstone,when
she interviewed you 11 a Who were theY with?
11 she explain to you at the time that lu. hadthem' Lesleyand I havediscussed
it'
very case -- the facts that L2 i
12 that she was also, in the Trinh' Edgar' Anyone
Lesley.Beth. Maureen. Michelle
involved in defending t5
13 you're invohred in, she was also that was
that you're herc today at? ta that was involvedwith the process' Everyone
fq ifris particular lawsuit I even have spoken to Don Gor'
I dlstinctly remember I5 involvedwith the process'
15 A No. The only thing that
I had a working relationship'just the
- 16 g"-ura Don Gor and
explalnthe possible
16 wasthat whenI was attemptingto
and I brought up the word t7 two of us, on severalProjects'
17 the alleged death threat,
"investigatlon," "We'renot hereto 18 MR.IOHNSON:Let's9o off the record'
18 slreholleredandsaid' heldoff the record')
19 (Discussion
19 discussany Investlgation"'
that she wanted to IU BYMS.LEHENY:
2.0 Q Did you get an indication with Don Gor about your
your @mplaints were about the Writers 2L a When did you speak
21 hear from you what specifically?
there?
conierns relating to foreign levies
22 Guild wh!n You werc
A You're askingme to be specific' Therewere so
t5
23 A No. Shewantedtoknow-basicallymostofthe and a halfyears'I
that I remember- I was numb' so a lot of
it 24 manytimesovera periodof eight
24 conversation you specifically' I voiced my concern many
itwasJustdiscussingthis 25 cannottell
25 isfuzzy. Butbaslcally

12 (Pages42to 45)
1-800-288-3376
Atkinson-Baker' Inc. Court Reporters
 A00A8lI)
TERRIMIAL DECEMBER7,2006

I A Flbsth.t hadbe!ni.!kd!6,
2 Q DoF!loewlr.ttr.!.ti.tlt.wd.th
2 Q to ttd cor?
3 A No notlustto DonGor.
4 Q lt$ tu|t rthl |Do|lt I |n { a sc|rcwctch non4rq ld t ile. ssr!,
A to DonG..? I @nt!tv. You$edn6 tts 5 @rtai.l!tt 6 hd bs s.nt oul erbh caft.roi&r4,
6 dqht and. halfyelu M d ongoingb.sls. I cantgire 6 hlt lt hadnev!rbe!ndov!d otlloh $dd. The
7 @n!sr.nrhnc. hadbegr chinedr nn thd! wa5D
3 Q OldDonG.. h.r. r..rondbllllht ld aor.lgn |n!.
Q wh.t.N- . nh to b. ot Fd.ndr
9 l.vld tir .nur. .l9ht 8d . h.lt F.r. td w.l. .t tn. 9
1 0 6ulld? ro frr.. you'E r|...'tbLgt
!1 A Do. Gotw- thedtdto. of Rnre lor the lt A we @lE whatre @l an obiL rta
12 en6c dm t !{$ .t tneGul|d,Yet. 12 obrtury ridn dl!nrnb4sih depallmt. clr I rcdd
13 @nE..r.ct6l6ll fim ltf, w-.,o, rt* p!M that
t3 Q ApFonm.t lYtor n nt &n. dld vor,.P..ito
s6In dEtge ofth.estate. Eve. eteiiE n'ieidt I
Do. Gor.ttouavour qcero t ldng to to..hn hvl!? 14
15 A You'E6khs m. tE en|. qEdo.t 1(6 h I $ muLdccdE a 6lL .nd the pro6 E then I rdld
dlfid.nt wav, I dont know. 16 nodt ndnb!itiD d!p.d!& andthe plD6 beo.n u!6'
17 whent Ecdr4d the wittdr olttlary fm r6b6hlp, th6
t7 Q tdr . drftHt $r.don' tmmt.ttlng tou
1a wh.n lt oe!rcd. t'm .jdtg vou ftow m..Y Um.. n
19 Q rti.tr wn.t tnrrd tt! cqtid ol.t .*.t
19
2A A Hd tuny tiG it o{drEd? cotdanlv. 20 tid nlq in oli.r mrdt?
2t e wh.n yo|| ..y "cond.ntlt," lrrouldth.t b. .v.rt 21
22
A TtEts @drl
Q wbtp!rcc*t9.ot$..tt t tldllh.tou
22
23 23 hmdl.d dc.rn.d lo.tian l!t|.. .. .gPo..d t n.|du.lt?
A Th.t5 a dlfiCultqL!.do.rb aBa b!e@ at
24 e Yo sDok to 06 Gor.v.rt d.t? 24
25 onetim q anorneratrcst *ry {dt6 o!t5a foruEn
25 No,I didn!& no. I'm sorry' llroughtvou

!s&d hs mnY tn! dld lt Gur that tnee lss ctrE I dY .a se ryps s.oe$ino frfr fnrEe, @t ty
|D that D@plew* not Hn! p*1. 2 fnae. SoI cant ansd inat,
Q FoqrC4.!.Gioelh d Don Gor,.t@n6 v 3 Q so . .lnlle wlt r nllhi h-6 . tl. th.l d..lt
on lbdrgn ldb., on you .dinrL lbr n. .pprqlm.t lY rtih G.adu.b .n l toEltn Lvl6?
h@ manYdm! You bdglrt vos. @tna t hln? 5 a Ab@ludv, aDsorutoy.
llR, SILVEFSTE:iI|ludto cldlt 5he3a*1.9 about Q You i.k refatre to nl! ttt.t onGn
tE tlc. h@ rEny tim6 you peeNlt sFke to Dd Go. @np.nh. tl[t h..l !d. h.trk!*?
rHE WIINESSTPe@n.||v,lun bdws he andI I
9 q to..l9n Lvt! .lo. t od. ftd @hD.il!;
rcdd s.Y thr*, ft{r th6,
BYMS.LEHENY: l0
Q Do you r.oll wh.t vou told ih h |nG.
.9otlns? t2 Q So tn@ ftdd hn. b6 @[P.n|6 $.t.8
t 2 6d.edont, '|ctdy
A I ||eg told hh anYding. Hew.t a dlre.td 13
r askedhh ettain dlngs, rty werdt pe@lebehg D.id A Piyng @mpanl6 Patn9dp6ni* Ptldudid
Q why tt6. tn.Y b.it! P.Lt ,oclon l.vl6?
A Hemdd b. tlr!dty pe@n tnat wld pav Q Wt n we 6not bot . ( ond.lh.hrB .no|rc
tn! - I Fn, nr!nna.ced!9altnat Up undla ve-
agD- r Jus M^ted to edaln $mthhg. up FB- r3 a FM th. tid I !t{t d udl - olr, bc/, abo{t
i1R.sttvER$aN: iErds m qu!.dohD.trdtrg, l9 the or folr yeE agE. wh* h.p9sEd E tt fi16
20 THEWfniESSr oloy. AI rlqht 20 buLdly 8B 916 to ods Foch to ty to l@t .
BYMS,LEHEI{YI 2L oE t|t peM d b6ndldrt6 EE lo@tsd,tha dre
Q You t .dn.d .bo!t. b.<klo& cdstf
23 Q You n ido.ld st|. n|.. th.t Gt 50 Yod.rd.
o, dr. brddog? Wt t-..i 24 old Fu ,.!r.i.lly s tlro.. fl..?
Q Wn.t w- dr 6.t$.

l3 (Pages46 to 49)

Atkhsou-Bsker, hc. Court Reporters l{00-288-3376

 A00,A.81D
TERRI MIAL DECEMBER 7, 2006

you I A Yes.
1 Q And when you say they're 50 years old, do
2 mean there's money owing that's 50 years old or that the 2 Q Did you interact personally with Rod Aguirre?
-- 3 A Closely,Yes.
3 file was opened 50 years ago or that the writer died
4 A That some ofthe files had been opened 50 years 4 Q Whatwasthe natureof thoseinteractions?
5 A Rodwoutdsendmethesestacks a foot
of checks
5 a g o . B u t o n a c o u p l e o f o c c a s i o nl si k, e f o r e i g nl e v i e s '
6 highwithno Information,excepta name,andtellrneto do
6 one had been dead since 1953, and there was a foreign lew
7 to
whatI had do.
7 sitting there that shouldhave been paid in 1999. "Well,I needsomekind
I AndI askedhim,I said,
8 Q I see. Did you personallysee any fileswhere
9 of record.Don't you keepany records?"Hesaid,"No,I
9 foreign levies were owed further back than 1999?
10 A Yes. 10 don't. I don'tkeepanyrecords."
11 Q How far back were foreign levies owed in the
11 Q Earlieryoutestifiedthatthestackofchecks
12 you would receiveurould Gontainbetlrteen200 and 500
12 files that you saW?
'80s. 13 checks;isthatcorrect?
13 A If I'm not mistaken,
14 A Yes.
14 Q Areyouawareofwhentheforeignleviesprogram
15 was Initiated? 15 Q And do you think that estimateis pretty
15 A No. 16 accurate?
t7 A Onsomeoccasions, yes,veryaccurate'
17 Q You testified regarding your concerns about
18 staffing; correct? 18 Q Soisafoothighafigureofspeechroristhat
19 A Yes. 19 an actual estimateof --
20 A lt's a figureof sPeech'
20 Q And specifically what was that staffing for?
21 Was it for estate and trusts unit? Was it for the 2L Q So it's your estimate200 to 500 checkswould
22 residuals department? Was it concerning foreign levies? 22 measurea foot high?
23 What was the staffing for that you thought would have 23 A Actually, if we'regoingto saya foothigh,it
24 wouldbe morethan500checks in there.
24 helped?
25 A My only concernwas estatestrust. 25 Q So on some occasionsYoureceiveda stack a foot

t high of checks. How many checks do you think there were?

1 Q Did you interactwith MichaelGrantconcerning
2 countthem.
A I didn'tactuallY
2 foreign levies?
3 A No,Ididn't' 3 Q Butyourbestestimateperhaps? werethey
4 single pages?
4 Q Did you interactwith GeneBrownconcerning
5 A lust a singlePage.
5 foreign levies? you receive a stack
6 A I mostcertainlY did. 6 Q On how many occasions did
7 that high?
7 Q what was the nature of those interactions?
8 MR.IOHNSON:Youmeana foot high?
8 A I wentto himthe first few daysafterI started
there 9 MS.LEHENY:Uh-huh.
9 andaskedhimcouldI reportdirectlyto himbecause
10 THEWITNESS: MANY'
10 wassuchgrossnegligence, andI neededreallyto work
wlthhimasthedirectorin orderto try to 11 BYMS,LEHENY:
11 veryclosely
12 figureout howweweregoingto curethistenibleill'
lZ Q sowouldyouliketoreviseyourestimatethat
toldmethatwasnot possible.Hedidnot 13 the stacksyou received were between 200 and 500 checks?
13 Andhe politely
get involvedwith that' 74 A SinceI did not countthem,I don'tknowhow
14 want to
15 manycheckstherewere. lt couldhavebeenmore' lt
15 Q Did you specificallydiscussforeign levieswith
16 couldhavebeena thousand.I don'tknow'
16 GeneBrown?
L7 A I mostcertainlY did. 77 Q Did you have any other types of interactions
18 wlth Rod Aguirre thatyou haven't mentionedalready?
18 Q Aftel beingon the job severaldays?
19 A We were both smokersand so we smokedtogether'
19 A Yes. Gene
20 Q Did you have any other interactions with
ZO Q And whatwas yourconcernaboutforeign levies
21 Brown thatyou haven't mentioned?
2l after beingon the iob severaldaYs?
of foreignlevies,it was 22 A No. Nonewhatsoever'
22 A If we'rejustspeaking
23 checksin general that were not beingpaid' 23 Q DidyouhaveanypersonalinteractionswithJohn
24 I'tc!lane regarding foreign levies?
24 Q Sothestageofprocessingwasthatacheckhad
25 A No.
25 beenissuedbut not sent?

14 (Pages50 to 53)
Atkinson-Baker, Inc. Court Reporters
1-800-288-3376
 AOOA8lD
7' 2006
TERRIMIAL DECEMBER

1 Q Aiy C.Fdl Intm.ddr wlih chd( goq|m I .o@hln! fo6l9n Lvl!.?

2 A lhe slm lnt!r|d..rs rhat I haw slth .nvo.e
2 Eerdl4 toFien l.vl..?
3 ,o*lno h lbdgn levi6.
.1 n don. wlth S.nn &ryfttot| 4 Q $m. Fr r.l|.|idk| ftnn?
Q ^iy,gnn.llnt
r.t!dh! rocbn lold? 5 A l.ldv Lc6cbG
5 wlth
5 A I |!tFd tln stit ftrt l tnh* orucx was 6 Q Wh.t ss d|. nttlE ot Yolr Int-..!@
7 hvond h . couDLof mdnos wilh l45bt 8.0r, dI 7 r.ib|'lL. Y.lnh ldq.llY?
3 A Erp.dt.g lt Mc15. Andthen wlEn thi5
8 h the locEn l!ly.hlsrtnei( lt.nc't to.b6 Chr'r mv
t h.a ben h . ru.!.g or wo. 9 t wert w! iLd, ti. Rldf,t law$t w6 nEd, ihlt105
dld Y.{ i.l- -rt o"hr $ bcore wry h!t d beore bElgn ldl6 d.p!.bn.t w6
rO Q At thd. nsd4.
11 with Cnu.l<rdrdln! tor.iln Lvls? 1l undd the gu.r .nd they sla pdslno t E !{clt 3t ||st
12 A Notio Chrd Pssrlt. ]ll. @tlns wB u .tt mpungto p.ss lh. hd to odEr p!od..
'dLtlt d" to delb. dtrln
13 Eoailns for.bn hv|cs 13 Q Yo u$d th. t .ttr
Lvls dld 14 locls.lwlo non.F rrhrt d(6 tttrt tt rt n..n h inL
la Q Hw d"v nedn!. onemln! l4h'
prcd*?
15 tos .tt6.t wlrs. Chu.t Sl@n mt
16 a ae lsao lt odd hdvcbdr dleortvo aut $ A To be qult h.n.st,I doit knowb.c.@t dont
17 knowwhath.wddgrrhc tr was'rry unds$nrnnqi tm
17 as I @ll, he wash onem*dng
|n.t!r. ol l8 wh.t t *s totd, that hess dl6Fdlnc{h!ttE thls mdev
ls Q rn lh|l n..tlnt, wh.t s- ln. !...
19 shodd d!.lly oo to lhb 9peift wnt r. wheinerd flit
20 A Foalgnldi6. 20 tle oeM thrt p|!@ed lh* .h.d hadpdct4d lt to
21 Q A.d .lo yos rcnlmb.r wh.t w! dlided .bout
22 Q t*.. Yout8t6.d tn r bd!n<i.rl-
23 @mDl.in d tD yo! O.t th. Gdld @lhctld Inbr*l on
2l a Fdeignldl6. Idontkwhdtob!M
24 specift. Tie meetMlsuee oll!d 6r llP dlosion ol 24 non.Y. d!d to th.m; @r4.tt

l6e rda ur nE ir,rs I Q ws th.t o! hs dldu.L or tonltn bvi6?

L Q DoYouEmnb.t.holt

A So@45dlnut5 to anh4t, nath!!i ridr lnd . 3 q Aothttnt I nd m.nv 6!n.ltd.rL..DmDl.ln.d

3
4 halr. I dldntmtcn mYmid! 4 to yo( rg.rdne int rst em.d o foFlrtr Ld6?
5 q rr|d .t rh. .t!thlt .lo Y.u |G|mnd 5 A I 6nt oire you a numx..
6 .ppdls.tdY wlu h vou. t n4tn i..!ng6.u.nd'd 5 Q wolld it b. d6s to.n. or. hlndrcd?

A Dontreoll b@!e Ord t@kM tortEn 0 q You lrotc to tnd bVte!.chon.?

3
9 lsiee I donth@, ab.utbreedfdrvta6 tgo.
lO Q s.lt Fuld he D..r -ltin EE l..t lnre d 10 Q Wourd at b. do3$ !o 1oo or 2oo?
11 A B{teledbrc?
rz A wthh th. h* th@ 6 fourY66I wdr{
t3 A o!t . ,.nod or ehht.nd . hdl '@E ! @ld
14 q c.n yo! M.rh- rttnhs utr w dL.!...d h 14 tde sotd to dE s. tsM m.ybe 10, 15tid6 l
$ ih.t n .tLrs In D.rtlo|lr .to$ 6rJc. ls|.t? 15 @nt 9t! yor a fuuE oarl 21 3-, 4OO ldont kna
16 Q Sofunb.bdt,fn mt*Eig t .. nlnbd
ldk {4 P@-d? 17 of dsFtbi* bt Elhg. uitd ol iLdt.r
r7 A satlhsfocbr
13 A lh. 1d6. |lM d @uldlhp@ g!trheut 13 lndlvldFla c.. ws -ddt br m h* nnt
19 clEclcqD!dh.d. )d i b.cc p.oadurc,6 r* as!E 19 b.n.nd-b..onDl.ln.d to Yo.bot l.t Etbd.e
20 @nn!trmb.rPcn th.eq.t 3tfuq dlrqeti net 20 eln.d d toalon ldl.+.t dnolY frdll' Lv!.dl
2l howft @ld bag6t dp!diL lihqs lnd oetuhg. 21 A l6t dMrtnat qu6don.Imsry. A
t2 d!d rG a ch.d b n!.
23 Q W.llt rd rrtbEd rt- |a s6h lq|'nr Dtr 2! Q so $6 Mr lE{ bd . codtLlnt wh4 it
24 E Fn txr ro dua stot$ - ld 6.tr.!.h. Dt 24 wF t.r!cltr.d by tn. b.n.ndrv tidh...h. E
2s you h.t! Flld| Itl.h.rbs witi Sr.n td4l|l!. 25 rdsrl.! b io..len ldL. d r.i4r.l.?

15 (Pages54 to 57)

AtlidDsotr-Brker,hc. Court ReporterE 1-800-28&3376

 AOOASlD
TERRI MIAL DECEMBER 7, 2006

A Justmoneysowed,the moneysdue to that 1 accrued.

1
2 particulardeceasedwriter. 2 Q Anyone other than Mary Devlin?
3 A No, not that I recall'
3 Q what was the nature of the complaint?
where I
4 A Why is it tnkingso long to locatethese,many 4 Q There was a question asked earlier'
5 times. Andevenif a personhad passedawayfourorfive 5 think lt was answered before I heard the entire question,
6 monthsago,$ey wantto knowwhat is takingso long And 6 so I just want to clarify something. You're the only one'
7 or atthe time you were the onlY one responsible for
7 therearemanyreasons.It isn'talwaysthe writers
8 finding -' do you know what the rest of that statement
8 Guild'sfault.
you received, 9 would be, to be accurate?
9 Q And among these complaints that
10 A Cannotlocatesthat are now called
l0 how many of them specifically referenced the interest' "undeliverables.''
ll
11 issue of interest? your
LZ A I wouldsayjust abouteveryone ofthem whose 12 Q So during the time that that was among
13 responsibilities, you were the only person with that
13 moneyhad beensittingthere for years.
14 responsibilitY?
14 Q And how manY was tlrat?
A Hundreds. 15 A Yes.
15
foreign
16 Q Hundredsofbeneficiariescomplainedtoyou
16 Q Did you ever receive batch sheets for
17 levies?
17 personallyby telephone in regards to interest being
18 A Yes,if that'swhat you want to callthem' yes'
18 earned on --
A I'm sorry, Repeatthat. I hought you meant 19 A sheetwhereifs not an actualcheck' It's just a
19
20 flled, 20 listing with the writer's name. the dates and the projects
just specificallyon the 2 1 f r o me a c h c o u n t r y I. g u e s s y o uw o u l d c a t l t h a t ab a t c h '
2I Q Okay' I want to focus
with the checks?
22 issue of inter!st being earned on moneys owed' ?2 Q When would you receive those?
A All right. 23 A We receivedcheckson a dailybasis'
23
levies' not
24 Q Andaskyouhowmanydistinctindividualsspoke
24 Q I'm speaking specifically of foreign
25 residuals.
25 to you during your entire tenure about their concern about

1 A I receivedforeign levieson a daily basis' lf

I how interest was being handled on moneys owed'
z A I can'tgiveyou a number'It's impossible to 2 I recall-- there were manytimes,as I said,they would
5 giveyou a number. I can sayeverybeneficiarylhat was 3 comein just biq stacks. But therecouldbe timesthat I
4 eventuallylocatedover a periodof yearswantedto know 4 wouldreceivetwo, three checks.
your
5 wherethat moneyhadbeensittingandwhowasdrawingthe 5 Q And thatwas on a daily basis? That's
interest. 6 recollection?
7 A Quitea few duringthe week'
7 Q So essentialtyeveryonewho complained atthat time?
8 complained about the interest? I Q And would you receive batch sheets
A Notjustthe interest.Theycomplained about 9 A Both.
9
pending
1 0 the negligence. 10 Q You testified that there's a
11 invesugation by the Department of Labor or DOL; is that
11 Q R i g h t ,b u t t h a f s n o t w h a t l a s k e d '
A WhatdidYouask? 12 correct' against or involving the Writers Guild?
t2
to you, 13 A Yes.
fJ Q Essenually everyone who complained
of 14 How did You learn that?
14 among their comPlaintslvas the complaint about handling Q
Is that your testimony? 15 A Throughsomeonewho'svery heavilyinvolvedin
1 5 interest; correct?
A Amongthelrmmplainlswasthe handlingof 16 it.
lo
t7 Q Someone from the DOL?
l7 interest,yes. It was not the only complaint.
18 A Works very closelYwith the DOL'
18 Q I understand' Didyou specificallydiscusstte
subject of interest with supervisors? 19 Q Is that percon employed by the DOL?
20 A I have no idea. I don't know what his status
A Yes.
2l is, As far as compensaton,I haveno idea'
Q who sP!cifically?
22 A As I saidbefore.MaryDa/lin and I discussedt 22 Q Does he work full time at the DOL?
23 A There on a daily basis'
23 and shewas attempthgto havethe Guildcreatea trust
who werethreateningto 24 Q What's his name?
fund for djsgruntledbeneficiaries
the Interestthat had 2S A EricHughes'
25 suethe Guild,to paythembasically

58to 61)
16(Pages
1-800-288-3376
Atkinson-Baker,Inc. Court Reporters
 AOOASlD
TERRIMIAL DECEMBER7, 2006
"Answer:Yes.
I Eric Hughes is atthe DOL on a daily basis? 1
Q "Questron:Can
He'sthere quite often. 7 Youdescribe the
2 A
What do you base that information on? 3 natureof thosecommunications?
3 Q "Answer:Ifs confidenual.I am
4 A What do I basethat informationon? a

5 not goingintothat, no' I can't

5 Q What gives you the impressionthat Eric Hughes
6 is atthe DOLeverY daY?
6 divulgethat,")
7 A I didn'tsav- well,I did sayeveryday. He's 7 BY MS.LEHENY:
8 thereouiteoften. 8 Q I'll make a clearer question. When I said
9 "nature," I only meant were they in'person meetings,
9 Q How did You learn that?
10 A Ericand I are now very good friends. 1 0 telephone conversauons or letters' not the contenL
11 A Telephone.
11 Q So in other words, Eric told you that he's at
12 the DoL on a regular basis? Am I understandingthats how 12 Q Approximately how manyUmes have you sPoken by
13 you learnedthat fact? IJ telephone with the DOL?
14 A Thats how I learnedit. 14 A Maybetwice.
15 Q Whafs the nature of the DOL investigation, if 15 Q Otherthanthe-- I'msorry. It$tasin Mayof
16 you know? 16 'o6?
17 A I don'tfeelI'm at liberwto go intothat. t7 A YEs,
18 Q Whydoyoufeelthatyou'renotatlibertytogo 18 Q Was it an in-person meeting or a telephone
19 into that? 19 conversation?
20 A Because I'm a partof it. AndI am not going 20 A In Mayof '06 it wasin person.
21 into that right now. That's confidentialat this point' ZL Q D i d t h a t t a k e p l a c ea t t h e D O L ?
22 Youwill havelo subpoena the government for that zz A Yes.
23 information.I'm sorry. Can'tget into it. Q And since that time there have been two
24 Q Andthenatureofyourconcemabouttestifying 24 telephone conversaUonsbetween you and the DOL?
25 about that here is that it might incriminate you? 25 A No. I saidmaybetwice, Onceafterthe

Page62 Page64

1 A It willabsolutely me. It might

notincriminate 1 meeting,
2 incriminate the Guild. 2 Q And once before perhaps?
A Yes.
3 Q So have you beeninterviewedby the DOLin 3
4 connectionwith this investigation? 4 Q Any other communicationsyou haven't mentioned?
5 A Yes,Ihave, 5 Not what was discussed,simply were there any others that
6 occurred?
6 Q Approximatelywhen did that occur?
7 A I do believeit wasin Mavof thisyear' 7 A WhatWpeof communication? I'm sorry.
8 Q Did you tell anyoneat the Guildyou had been 8 Q Between you and the DOL'
9 interviewedbY the DOL? 9 A Directly,no.
l0 A No, 10 MR.SILVERSTEIN: We'regoingto take a very brief
l1 Q Were there any other occasionsin which Youmet 11 break.
12 with or communicatedwith the DOLrelatingto this 17 (Recess.)
13 investigation? 13 MS.LEHENY:Backon.
L4 A Yes. 14 BYMS,LEHENY:
15 Q Canyou describethe nature ofthose 15 Q Youtestifiedearlieraboutyourfeelingthat
16 communications? 16 there should be more staffing' maybe one more staff
17 A lfs confidential. I am notgoingintothat, 17 person. Was that in regards to an estate trust unit or
18 no, I can'tdivulgethat. 18 residual --
19 MR.SILVERSTEIN: Canyoureadbackthe lasttwo 19 A My own concernwas estatestrust.
20 questions andresponses? 20 MS. LEHENY:Thoseare all my questionsfor the
21 (Record readasfollows: Z1 moment.
22 "Question:Werethereanyother 22 MR,JOHNSON:I havea few morequestion.
23 occasions in whichyoumetwithor 23 lll
24 communicated with the DOLrelatingto 24 lll
25 thisinvestigation? 7s lll

Page63 Page65

17(Pages
62to 65)
Atkinson-BakeroInc. Court Reporters 1-800-288-3376
 AOOA8lD
TERRI MIAL DECEMBER 7' 2006

you called them

1 the people that couldn't be found'
1 FURTHEREXAMINANON this person' What did you
2 undeliverables, or find
2 BY MR.JOHNSON: was part of
you to bring some 3 actually do to find these people when that
3 Q First of alf I asked to be doing?
4 what you were actually supposed
4 documents. Did you bring any documents today?
5 A To be quite honestwith you, I had so many
5 A I don't have any. I'm sorry' -
6 duties,I did very little. Through well, there were
6 MR.JOHNSON: This is goingto be Exhibit1'
7 somethat were just totally blatant, like lohn Houston'
7 (Plaintifft' ExhibitI was markedfor
8 whosedaughterwas AngelicaHouston' I calledScreen
I identificationby the court reporter') numberand we spoke'
9 ActorsGuildand got Angelica's
9 BY MR,JOHNSON: -- you Know'
10 There were Justthings, a lot of or contacts'
10 q You have been through that and You just don't files that had been
11 that knew people. But on most of the
11 have anything; is that right? just dormant for years, nothing had been
12 sitting there
12 A I don't haveanything'
13 done.
13 MR. SILVERSTEIN: And I will note for the recordthat well-known person like a
to 14 Q So if somebody wasn't a
14 on behalfof Ms. Mial,we properlyservedobjections you could do at
15 lohn Houston, there wasn't really much
15 the document request.
16 all?
16 MR.IOHNSON:But therearen'tany documentsanyway/
at !7 A True'
17 MR.SILVERSrEIN:Conect' In her possession
18 q YousaidthatGorgaveyoutheauthorizationand
18 least. indicated
19 said ifthese moneYs are disputed, and they
19 BY MR,JOHNSON: right way' Did he
20 because they were not processed in the
20 Q Doyouhaveanyideahowmuchtheamountof they were
paid out in residuals but is 2l give you any indication as to why he believed
Zl money is that the WGA has not
or checks that haven't been 22 notProcessed in therightwaY? "Don'tyou
22 either sitting in accounts
23 A Forthe samereasonthat I askedRod'
23 cashed? "No, I don't keep any
- 24 keep any records?" Rodsaid,
74 A Unfortunately,I don't, but it's hearsay'but to refer
25 records." Well, if you don't have any records
25 I was told it's in the millions'

1 to, I guessthingscanbe disPuted'

1 Q Who totd You that? about
with Rod And the other was 2 Q You say the beneficiariescomplained
2 A One I discussed levies' Do any come to mind that
3 resiiuals and foreign
3 with EricHughes.
was filed in this 4 were particularlYegregiouscases?
4 Q You say after the lawsuit A Oh,boy,oneis Preston Sturges'I do
attempted to pass the buck' What 5
S case, foreign levies -- I don'tknowif it wasjust foreignlevies'but
mean?
6 believe
6 exactly do You
- 7 PhillipYiordan'
7 A Well,it was -- they were getting the
was gettinq complaints from beneflciaries on I Q How do YousPellYiordan?
I department I do believe'I'm prettyclose'
much- 9 A Y-i-o-r-d-a-n,
9 moneysthat had not been paid' And unforfunately' to think, There'squitea few'
I was 10 I'm trying
10 it was a hvo-way -- there was backlogeverywhere' for example'with
11 Q what were the problems,
11 backlogged.Foreignlevieswas backlogged' Yiordan? Are you saying' for example'the
significant improvement 12 Sturges and
72 Q So you haven't seen any his heirs?
was filed? 13 Sturgescaseitwas easytofind
13 since the lawsuit
14 A I'm sorry'WhatdidYousaY?
14 A I'm sorry? casewas an
of significant improvement 15 a Why did you feel the Sturges
15 Q You haven't seen much a
the lawsuit was 16 egregiouscaseor Problem?
tO in getting foreign levies paid out since just likethe others'but
17 A Well,it wasa problem
17 filed? problem because it wasmentioned' I don't
18 it wasmoreof a
18 A Not in my area becausejust, as I said' that the New York Times or the Daily
was the 19 know whether it was in
19 Friday,whichwas June,I guessthe 30th, it *
was my last formal day to 20 Variety, hisnamecameup,andtheGuild andI don't
20 weekend before thatThursday,
2l knowwho the representative from the Guild was-- stated
day because ofjust what
21 work, and it was sucha horrific Goldberg, Preston
that
with foreign levies' It was horrific' And 22 that- I thinkit wasMarshall
22 was going on like205,203'200-and-some-odd
message 23 Sturges wasowedsomething
23 that FridayI had calledand left Lesleya voice and
24 dollars.AndI am lookingat batchsheetsandchecks
24 that I couldn'thandleit anymore the other one is for 19'19'
responsible for finding 25 onewasfor 5,000and
25 Q When you say You were

18 (Pages66 to 69)
1-800-288-3376
Atkinson-Baker, Inc. Court Reporters
 AOOASlD
TERRI MIAL DECEMBER 7, 2006

1 Q So it was deliberate misinformation given to the I Q And did you ever personallyhandleany foreign
2 public? 2 leviesprocessingfor Sturges?
3 A Oh, yes. Absolutely. 3 A I storediL but thenas I said,my filesended
4 Q Canyourememberthenamesofanybeneficiaries 4 at N,andBeth,that wasoneof the fllesthat I wasvery
5 who threatened to sue over the lnterest? 5 adamant withherto get it goingbecause it wassomething
6 A I w i l l n e v e r f o r g e t t h i s l a d yT, h i s w a s d u r i n g 6 thatwasbeinginvestigated, andget on it quickly.
7 the first year. She startedthe ballrolling' Rhoda 7 a Did you ever see any checksthat had been
8 loelson. 8 issued--
9 Q Rhoda Joelson? A Yes.
10 A Widowof BenjaminJoelson.JaquelineStark, 10 Q Let me finish the questionjust for the record.
11 widow. She'snow deceased,widow of SheldonStark. These 11 Did you ever see any checksfor foreign leviesissuedto
12 are just a few that I spoketo over and over and over. IL PrestonSturges?
13 Q And eventually theywouldjust give up because 13 A I sawthe batchsheets,andI did seea couple
14 the union would never pay the interesu right? 14 of checks.I don'tremember whethertheywere- I don't
15 A Yes. tf, remember whethertheywereforeignlevies,but I think
16 Q Can you remember anybody else besides Joelson lo theywere, I knowthe batch,the onebatch- I do
77 or -- t7 believetherewassomeactualphysicalforeignlevy
18 A As I said,there were - this particular 1 Q checks.
19 JaquelineStark,itjun hurt me very deeplybecauseI was 19 Q And we're speakingspecificallyof Preston
20 tellingBethone day that I truly believethat the 2A Sturges;correct?
21 Guild- she grievedherselfto death. Shegrieved 2l A Specifically.
22 terriblyabout her husbandanyway. But she saidto me one 22 MS.LEHENY: Thankyou. That'sall.
23 day,
"Youknow, Sheltywas one ofthe foundersofthis 23 MR.JOHNSON: Let'shavethisdeposition sent--
24 Gutld,and he would not likethe lvayyou peopleare 24 MR.SILVERSTEIN: I thinkI havea couplequick
25 treatingme." Thosewere her exactwords. 25 not to beleft out of the party.
questions,

1 MR.JOHNSON:Any otherquestionsyou want to ask? 1 MR.IOHNSON:Go ahead.

2 MS.LEHENY:I do. Justto clarirysomething. 2
3 EXAMINATION
4 FURTHER
ENMINATION 4 BY MR.SILVERSTEIN:
5 BY MS.LEHENY: 5 Q Ms. Leheny asked you whetheryou told anyone at
6 Q I didn't understand the discussionyou had 6 the Guild that you had been interviewed by the DOL
7 regarding Sturges, What was the misinformation given to 7 Department of Labor, and you responded that you hadn't.
8 the public? 8 Do you recall that testimony?
9 A That he was onlyowed about205 - I don't 9 A Yes,Idid.
10 rememberthe dollarexact. It was between200 and 205' 10 Q DidyoutellanyoneattheGuildthatyouwere
I do
11 But thafs what was explainedby MarshallGoldberg, 11 involved or directly involved --
12 believe. 12 A Itold-
13 Q And you read that statement in the press? 13 Q Pleaselet me finish. Thatyou were involved or
14 A I read it somewhere,yes. I read it somewhere. 14 directly involved in a DOL investigation?
15 Q Somewhere public? 15 A I told Beth Paolozi, and thags when I told
''If
16 A I do believethe statementwas -- I do believe 16 her, I think, if I remembercorrectly, you tell
17 it was in DailyVariety, if I recall. It was published 17 anyone,I'm goingto kill you." And if I recall,I told
18 somewhere. 18 LesleyMackayMcCambridgeand EllenGreenstonein the
19 Q And you read the afticle that was published? 19 meetlngthat we had that day that -
20 A I readthe statement. As I said, I read it. 20 Q That was the July 6th meeting?
21 And I don't rememberwhetherit was in the DailyVariety Zt A July6th. I think I told them that I was
-Ilmes.
22 or the New York But I read the statement. 22 involvedin an investigatonbecauseI was not going to
23 Q And this was specifically regarding foreign 23 allowthe Guildto do what they had been doing to writers
24 levies? 24 any more,
25 A SDecific. 25 Q And Mackay McCambridgeand Ms. Greenstone,did

Page7l

19(Pages
70 to73)
Atkinson-Baker,Inc. Court Reporters 1-800-288-3376
 AOOAS1D
TERRI MIAL DECEMBER 7, 2006

1 they want to hear about that?

2 A Ms.Mackayneveruftereda wordduringthe
) SS.
3 entireinterview'WhenI wentto mentionthe ot
said,
"We'renot hereto 3 couNTY --)
4 investigation, Ms.Greenstone
4
5 discussanyinvestigation"'
5
6 MR.SILVERSTEIN: ThankYou'
b
7 MR.JOHNSON: We'redone?
7
8 MR.SILVERSTEIN: Done. declareunder penaltyof pedury
8 I, the undersigned,
9 MR.IOHNSON:Ms,LehenY? 9 that I have read the foregoing transcript, and I have made
10 MS.LEHENY:Done.ThankYou' 10 any conections,additionsor deletionsthat I was
11 MR,JOHNSON: Sowe'llrelievethe courtrepofterof 1 1 desirousof making;that the foregoing is a true and
12 any obligationto keepcustodyof the deposition'The L2 correcttftrnscriptof my testimony containedtherein'
13 will
original be sentto counsel for Ms' Mial' Shewill t5 Fr(ecutedthis - daY of ,
t4 makeanychanges that shewishes/and shewill retumit L4
15 backto me within 30 daysafter she gets it' Otherwise'I f)

16 can usea certifiedcopyfor any purpose'Andshe'llsign lo

17 it underpenaltyof perjury' Is that okay with everybody? IT

18 MS.MCCAMBRIDGE: I don'tknowif you wantthisor 18

19 not. F-o-u-r-d-a-n. AndSarah'slast nameis ta

20 B-o-u-g-n-t-o-n. 20
2I MR.JOHNSON: Is that okaywith you, Mr' Silverstein? 2 L
22 MR.SILVERSTEIN: Do you want us to sendthe original 22
23 backto Youor retaincustody? 23
24 1"1R.
JOHNSON: I wantthe originalsentbackto me, za

25 please. 25

MR.SILVERSTEIN: That'sfine' 1
I CSRNo' 11305,CertifiedShorthand
I, RUBEN GARCIA,
2 MR,IOHNSON: Is thatokaYwithYou?
3 Reporter, certify;
3 MS.LEHENY: Yes,thankYou'
Letme put on the record, That the foregoingproceedingswere takenbeforeme
MR.SILVERSTEIN:
I
4
at the time and placethereinsetforthrat whichtime the
5 Mr.Reporter, that I wouldlikea copyof the deposition
6 witnesswasPutunderoathbY me;
6 transcript.
7 That the testimonyof the witness,the questions
7 MS,LEHENY: SowouldI. and statements madeat the
propounded, andall objections
B MR.SILVERSTEIN: I wantmy copywith a miniand o
by
time of the examination wererecordedstenographically
9 ASCII. thereafter transcribed;
(Deposition concluded at 3:50p'm') 10 me andwere
10 1 1 That the foregoingis a true and correcttranscript
11
L2 of my shorthandnotesso taken.
t2 I further certifythat I am not a relativeor
IJ
13
la employeeof any attorneyof the parUes,nor financlally
l4
IJ interestedin the action.
I declareunderpenaltyof perjury underthe lawsof
I5

Californiathat the foregoingis true and correct'

IO
L7
I7
Id
1B
LA
IY
20
20
21.
2I 1A CSRNO.11305
GARCIA,
RUBEN
22
23
23
24
21
25
25

74 ro 77)
20 (Pages
1-800-288-3376
Atkinson-Baker,Inc. Court Reporters