7.Richard Guerci — Direct (Part 1)
1,165 linesMR. LESKO: Thank you, Your Honor. The Government calls investigator Rick Guerci.
(The witness enters the courtroom and takes the stand.)
COURT CLERK: Sir, please raise your right hand.
Do you solemnly swear the testimony you shall give to the Court will be the truth, the whole truth, and nothing but the truth, so help you God?
RICHARD GUERCI: I do.
COURT CLERK: Please have a seat.
RICHARD GUERCI: Thank you.
COURT CLERK: And please state and spell your full name for the record.
RICHARD GUERCI: Richard W. Guerci, G-U-E-R-C-I.
THE COURT: You may inquire.
MR. LESKO: Thank you, Your Honor.
(Continued on the following page.)
R I C H A R D G U E R C I, called as a witness by the Government, having been first duly sworn/affirmed by the Courtroom Deputy, was examined and testified under oath as follows:
DIRECT EXAMINATION BY MR. LESKO
MR. LESKO: Good afternoon.
RICHARD GUERCI: Good afternoon.
MR. LESKO: So, where do you work?
RICHARD GUERCI: I currently work for a company called ASRC Mission Services, but I currently work as a contract financial investigator for the IRS Criminal Division in New York City field office.
MR. LESKO: And what does ASRC Mission Services do?
RICHARD GUERCI: Among other things, they provide contract employees to the IRS to assist them in their investigative and asset forfeiture programs, which in those positions include analysts, as well as financial investigators.
MR. LESKO: And how long have you been employed by ASRC Mission Services?
RICHARD GUERCI: For approximately ten years.
MR. LESKO: And what are your responsibilities at IRS criminal investigations?
RICHARD GUERCI: My primary role is to provide guidance and investigative assistance to the field office on investigations involving all types of financial crimes, including money laundering and asset forfeiture.
MR. LESKO: Where were you employed before you joined ASRC Mission Services?
RICHARD GUERCI: Prior to that I was a special agent of the IRS in the New Jersey field office that's the IRS Criminal Division.
MR. LESKO: How long were you a IRS special agent?
RICHARD GUERCI: For approximately 26 years.
MR. LESKO: Did you retire?
RICHARD GUERCI: Yes, I did, in June of 2009.
MR. LESKO: What were your responsibilities when you were an IRS Special Agent?
RICHARD GUERCI: My primary role there was to investigate financial crimes including all violations of the Internal Revenue laws and all related offenses, which including money laundering statutes, as well as violations of the Bank Secrecy Act.
MR. LESKO: Did you hold any specific positions as a special agent?
RICHARD GUERCI: Yes. I was the agency representative at the Organized Crime Drug Enforcement Task Force, which was located in the DEA, Drug Enforcement Administrative offices in Newark, New Jersey.
I was also certified as an expert witness in the area money laundering, as well as Bank Secrecy Act violations.
MR. LESKO: Do you have any certifications?
RICHARD GUERCI: I'm certified as an anti-money laundering specialist which is a certificate I hold through an association, which is referred to as the Association of Certified Money Laundering Specialists.
(Continued on the following page.)
BY MR. LESKO: (Continuing.)
MR. LESKO: Have you provided any training as an instructor in this area?
RICHARD GUERCI: Yes, I provided numerous seminars and presentations to not only IRS special agents but agents in local law enforcement and I've also provided training such as that to professional organizations including bankers, attorneys, as well as accountants.
MR. LESKO: Approximately how many money laundering and currency crimes investigations have you participated in?
RICHARD GUERCI: Over the course of my career, hundreds.
MR. LESKO: In your career have you had occasion to review and analyze credit card and bank records?
RICHARD GUERCI: Yes, on many, many occasions I have.
MR. LESKO: Have you created summaries of those records to assist investigators or to assist trials?
RICHARD GUERCI: Yes, I have.
MR. LESKO: How many times?
RICHARD GUERCI: Countless number of times.
MR. LESKO: Now, these summaries, do you have a term you use for these summaries?
RICHARD GUERCI: Very simply I would refer to them as summary schedules or just schedules.
MR. LESKO: Now, did you review credit card records and bank statements related to a person name the Pamela Cafritz in this case?
RICHARD GUERCI: Yes, I did.
MR. LESKO: And did you prepare schedules of those statements?
RICHARD GUERCI: Yes, I did as well.
MR. LESKO: I'm going to be dealing with a number of records and so if I step forward it's just because I'm pulling piles off the table.
RICHARD GUERCI: Yes.
MR. LESKO: I apologize.
So, before we discuss some of those records, I would like to show you an exhibit.
MR. LESKO: Your Honor, if I could just show this exhibit to the witness, please.
THE COURT: Sure. Go ahead.
MR. LESKO: Investigate Guercio, I'm going to show you Government's Exhibit 1108.
RICHARD GUERCI: Yes, sir.
MR. LESKO: Is that a death certificate for an individual?
RICHARD GUERCI: Yes, it is. It's a death certificate for an individual identified as Pamela Anne Cafritz dated November 7, 2016.
MR. LESKO: Let's read it and we can get into some of the content.
And on the second page, is that a declaration of the custodian of records related to the death certificate?
RICHARD GUERCI: Yes, it is.
MR. LESKO: Your Honor, we offer Government's Exhibit 1108.
MR. AGNIFILO: No objection.
THE COURT: Okay. Government's Exhibit 1108 is received in evidence.
(Government's Exhibit 1108 received in evidence.)
(Exhibit published.)
BY MR. LESKO:
MR. LESKO: Do you see the sticker at the bottom?
RICHARD GUERCI: I do.
MR. LESKO: Government's Exhibit 1108. Again, what's the name of the subject on the death certificate?
RICHARD GUERCI: Pamela Anne Cafritz.
MR. LESKO: And what is -- does the document reflect her address at the time of her death?
RICHARD GUERCI: Yes, it does.
MR. LESKO: What is the address?
RICHARD GUERCI: 21 Oregon Trail, Half Moon, New York.
MR. LESKO: And I'm going to point you to a section of the certificate that says "Date of Death." What is the date of the death?
RICHARD GUERCI: November 7, 2016.
MR. LESKO: And what is the time of death?
RICHARD GUERCI: 2:48 p.m.
MR. LESKO: Okay. And without going into detail, it also lists other information including the cause of death; is that correct?
RICHARD GUERCI: Yes, it does.
MR. LESKO: And the funeral home that was used and so forth; is that right?
RICHARD GUERCI: Yes, it does.
MR. LESKO: Your Honor, if I could show the next exhibit to the witness. Thank you, Your Honor.
BY MR. LESKO:
MR. LESKO: Investigator Guercio, I'm going to show you an exhibit that's marked for identification.
THE COURT: Go ahead.
MR. LESKO: It's back on my screen.
THE COURT: Go ahead.
MR. LESKO: It is marked for identification purposes as Government Exhibit 724. It's a 30-plus page document. I'll scroll through it so you can see it. Are you familiar with this document?
RICHARD GUERCI: Yes, I am.
MR. LESKO: Okay. What is this document?
RICHARD GUERCI: It's a petition for resignation of executorship.
MR. LESKO: And who is the petitioner?
RICHARD GUERCI: Rosa Laura Junco De La Vega.
MR. LESKO: And what is the estate involved in this proceeding, what's the estate?
RICHARD GUERCI: The estate of Pamela A. Cafritz or Pamela Anne Cafritz.
MR. LESKO: And is this a court filing?
RICHARD GUERCI: Yes, it is.
MR. LESKO: In what court?
RICHARD GUERCI: In the Surrogate Court in the State of New York in the County of Saratoga.
MR. LESKO: What's the date of the filing?
RICHARD GUERCI: Filed on June 21st of 2018.
MR. LESKO: Your Honor, we would offer Government's 724.
MR. AGNIFILO: No objection, Your Honor.
THE COURT: 1108?
MR. LESKO: 724.
THE COURT: Have we put in 1108?
MR. LESKO: Yes, Your Honor.
THE COURT: Without objection.
MR. AGNIFILO: Yes, without objection.
THE COURT: They're both in. Let's go.
(Government Exhibit 724 received in evidence.)
MR. LESKO: Thank you, Judge.
BY MR. LESKO:
MR. LESKO: So, let's read a little bit of this exhibit, Government Exhibit 724, paragraph one. Could you read paragraph one?
RICHARD GUERCI: Certainly. "Pamela A. Cafritz (the decedent) died on November 7, 2016, a resident of Saratoga County, New York, leaving a last will and testament dated April 18th of 2016 (the will), a copy of which is attached hereto as Exhibit A."
MR. LESKO: Okay. Could you read paragraph two, please?
RICHARD GUERCI: Certainly. "The will nominated Keith Raniere (Keith) as primary executor. Keith renounced his appointment as primary executor by executing a renunciation of nominated executor and/or trustee, a copy of which is attached hereto as Exhibit B."
MR. LESKO: And does paragraph three in essence state that Rosa Laura upon Keith's -- upon the defendant's renouncement became the executor of the will; is that correct?
RICHARD GUERCI: That's correct, yes.
MR. LESKO: On February 21st of 2018?
RICHARD GUERCI: That's correct.
MR. LESKO: And then paragraph four simply states that Rosa Laura was the sole executor of the will; is that correct?
RICHARD GUERCI: That's what it states, yes.
MR. LESKO: Okay. I'm going to now turn you again in Government's 724 to Exhibit A. I show you Exhibit A, okay?
RICHARD GUERCI: Yes, sir.
MR. LESKO: What is Exhibit A?
RICHARD GUERCI: The will of Pamela Anne Cafritz.
MR. LESKO: And I'm turning to page 14 of the will, which is the second-to-last page of Exhibit A. Does that page list the witnesses to the will?
RICHARD GUERCI: Yes, it does.
MR. LESKO: So who is the first witness to the will of Pam Cafritz?
RICHARD GUERCI: The first witness is Daniela Bergeron.
MR. LESKO: What is Daniela Bergeron's listed address?
RICHARD GUERCI: 8 Raleigh Drive in Clifton Park, New York.
MR. LESKO: Who is the second witness to the Pam Cafritz will?
RICHARD GUERCI: Loreta Garza Davila.
MR. LESKO: And what is the address for Loreta Garza Davila?
RICHARD GUERCI: It appears to be 15 Farmview Lane in Waterford, New York.
MR. LESKO: Does that page reflect the date that the will was executed?
RICHARD GUERCI: Yes, it does.
MR. LESKO: What's the date?
RICHARD GUERCI: April 18th of 2016.
MR. LESKO: I'm going to go back to the petition itself and this is the first page of Government's 724. I'm going to take you to the third page of the petition itself. And there's a chart. Could you describe that chart to the jury?
RICHARD GUERCI: Sure. It's a chart that identifies certain individuals that are involved in this document, which includes their name and address, their relationship to the decedent and their interest.
MR. LESKO: And is the defendant listed on that chart?
RICHARD GUERCI: Yes, it is.
MR. LESKO: So what is the address provided for the defendant?
RICHARD GUERCI: It indicates that Keith Raniere's address is 3 Flintlock Lane in Clifton Park, New York.
MR. LESKO: Does it indicate his relationship to Ms. Cafritz?
RICHARD GUERCI: It does.
MR. LESKO: What does it say?
RICHARD GUERCI: It indicates none.
MR. LESKO: Does the chart indicate the defendant's interest with respect to the estate?
RICHARD GUERCI: Yes, it does.
MR. LESKO: Could you read that, please?
RICHARD GUERCI: It indicates, "The sole beneficiary of the estate through his beneficial interest in the Pamela Anne Cafritz living trust, nominated trustee of the Pamela Anne Cafritz living trust."
MR. LESKO: So, does that mean the defendant was the sole beneficiary of the Cafritz estate?
RICHARD GUERCI: That's what it indicates, yes.
MR. LESKO: And that he was trustee of her living trust?
RICHARD GUERCI: That's what it states, yes.
MR. LESKO: Let's look at Exhibit B to the petition. Again, we're still in Government's 724. This is Exhibit B.
RICHARD GUERCI: Okay.
(Exhibit published.)
MR. LESKO: Do you see this document?
RICHARD GUERCI: Yes, I do.
MR. LESKO: What is the title of this document?
RICHARD GUERCI: Renunciation of nominated executor and/or Trustee.
MR. LESKO: Okay. And who is renunciating the executorship in this document?
RICHARD GUERCI: Keith Raniere.
MR. LESKO: And does it list an address for Mr. Raniere?
RICHARD GUERCI: It does.
MR. LESKO: And this is his executorship in the Cafritz estate? Is that how this reads?
RICHARD GUERCI: That's what it indicates, yes.
MR. LESKO: And, again, it goes further down to mention that Rosa Laura Junco would be replacing him; is that correct?
RICHARD GUERCI: Yes, that's what it states.
MR. LESKO: And what's the date of this renunciation?
RICHARD GUERCI: December 20th of 2017.
MR. LESKO: Now, does this document appear to be notarized?
RICHARD GUERCI: It does.
MR. LESKO: And can you tell where this document was notarized?
RICHARD GUERCI: It was notarized in Guadalajara, Mexico.
MR. LESKO: And does it say that Mr. Raniere personally appeared before the notary?
RICHARD GUERCI: That's what it states, yes.
MR. LESKO: And going to the next page, this document is in Spanish; is that right?
RICHARD GUERCI: It appears to be, yes.
MR. LESKO: And does it appear to be a similar sort of notary form?
RICHARD GUERCI: It does, yes.
MR. LESKO: And does it include the defendant's name?
RICHARD GUERCI: Yes, it does.
MR. LESKO: And what's the date?
RICHARD GUERCI: December 20th of 2017.
MR. LESKO: So that's the same date as reflected on the English notary form; is that right?
RICHARD GUERCI: Yes, it is.
MR. LESKO: And I will show you the -- go two pages later. Does this appear to be a translation?
RICHARD GUERCI: Yes, it does.
MR. LESKO: Of the Spanish document that we just looked at?
RICHARD GUERCI: It appears to be, yes.
MR. LESKO: Okay. And if you could -- this is in the city of Guadalajara, Mexico; is that right?
RICHARD GUERCI: Yes.
MR. LESKO: And this is a statement by a notary?
RICHARD GUERCI: Yes, it is.
MR. LESKO: And could you just read up until the end of the address?
RICHARD GUERCI: Certainly. "That Keith Alan Raniere appeared before me and declared that he was born in New York, United States of America on August 26, 1960. He is single. His address is 3 Flintlock Lane, Clifton Park, New York, United States of America.
MR. LESKO: Okay. And then there's an attestation. Does it indicate that Mr. Raniere appeared before this notary?
RICHARD GUERCI: It does, yes.
MR. LESKO: And is there a signature?
RICHARD GUERCI: Yes, there is.
MR. LESKO: And who is the signature from?
RICHARD GUERCI: Keith Raniere.
MR. LESKO: Okay.
MR. LESKO: May I approach the witness, Your Honor?
THE COURT: Yes.
(Counsel approaches.)
MR. LESKO: Investigator Guerci, I'm going to show you what's been marked for identification as Government's 722, 723 -- strike that. 722 and 725.
RICHARD GUERCI: Okay.
MR. LESKO: Do you recognize -- let's start with 722. Do you recognize that document?
RICHARD GUERCI: Yes, I do.
MR. LESKO: What is that? It's a stack of documents.
RICHARD GUERCI: It's a stack of documents which contain American Express records for an individual identified as Pamela Anne Cafritz which also includes a certificate of authenticity from a representative from American Express.
MR. LESKO: And what is the date span of the records if you could let us know?
RICHARD GUERCI: It looks like they spanned from January of 2015 through February of 2018.
MR. LESKO: Okay. And then do you recognize Government Exhibit 725?
RICHARD GUERCI: I do, yes.
MR. LESKO: What is that exhibit?
RICHARD GUERCI: That's a summary schedule that I prepared summarizing the information that's contained in a portion of the record which runs from a period of November 7, 2016 through December 8, 2018.
MR. LESKO: Okay. And actually I will show you 723. Do you recognize 723?
RICHARD GUERCI: I do, yes.
MR. LESKO: What is Government's 723?
RICHARD GUERCI: It's an additional production that was produced by American Express and includes a certificate of authenticity and includes a series of three checks that were provided in a supplemental production by American Express.
MR. LESKO: Your Honor, we offer Government's 722, 723 and 725.
MR. AGNIFILO: No objection to those three exhibits.
THE COURT: All right. Government Exhibits 722, 723 and 725 are received in evidence.
(Government's Exhibits 722, 723 and 725 received in evidence.)
MR. LESKO: Let's start with one of the statements. Give me a moment if you could.
RICHARD GUERCI: Sure.
(Exhibit published.)
MR. LESKO: So I'm going to show you one of the statements. On Government's 722. And are these the statements that you analyzed in the schedule?
RICHARD GUERCI: It's a part of the statements, yes.
MR. LESKO: So --
MR. AGNIFILO: Could you give the page number of the exhibit?
MR. LESKO: GX 722-368.
THE COURT: Let me see what I can do. Hold on. Better? All right. Now it's working. Thank you. Go ahead.
It's been published to the jury so go ahead.
MR. LESKO: Thank you, Your Honor.
BY MR. LESKO:
MR. LESKO: All right. So let's look at -- could you describe for the jury what is on page one of this statement?
RICHARD GUERCI: It's just indicates that it's a Platinum card in the name of Pamela Anne Cafritz with a closing date of 5/11 of '17 and it's an account ending in number 2-42002. It also contains balance and payment information.
MR. LESKO: And like most -- a lot of credit cards, points, accrual of points; is that right?
RICHARD GUERCI: Yes.
MR. LESKO: Payment information; is that correct?
RICHARD GUERCI: It is, yup.
MR. LESKO: Balance information; is that right?
RICHARD GUERCI: It's all correct, yes.
MR. LESKO: And then all sorts of information like customer service information?
RICHARD GUERCI: Yes.
MR. LESKO: And so forth?
RICHARD GUERCI: Yup.
MR. LESKO: Turning to Government's 722, page 370, could you describe what that page contains?
RICHARD GUERCI: That's a detail of some of the charges that were placed on the account. For example, the first line you see on April 28th of 2017 there's a charge to Zappos.com for $160.50 and other charges as well during that period.
MR. LESKO: Okay. As we move through the exhibit this is page 371. It just reflects a number of charges; is that right?
RICHARD GUERCI: Yes. It's similar information that I just described, charges to the account.
MR. LESKO: Next page, 372, more charges; is that right?
RICHARD GUERCI: Yes, correct.
MR. LESKO: Okay. And then I just want to point one out just for future reference. The -- this charge on April 26, 2017, what is that charged to?
RICHARD GUERCI: Keith Donato PC, which is a chiropractor.
MR. LESKO: What's the amount?
RICHARD GUERCI: $240.
MR. LESKO: And underneath Dr. Donato's name it says squareup.com/receipts. What does that indicate?
RICHARD GUERCI: It would indicate that the method of payment was through a payment processor that was utilized by Mr. Keith Donato. It's a payment processing device that people can utilize to obtain payment for services or goods that were provided to a customer and it's something that can be done through a small electronic device like a phone, an iPad or a computer. Typically it's done with a device attached to that device and they can swipe the card and that would initiate the payment itself.
MR. LESKO: And for those that may be familiar, it's that little, like, white swipe box that you can plug into a phone or an iPad?
RICHARD GUERCI: Yes.
MR. LESKO: We don't need to belabor this, but on page -- Government's 722, page 373, there's a box for interest accrual; is that right?
RICHARD GUERCI: Yes, there is.
MR. LESKO: And then some form language about the card, the page, and then these are just -- these are additional pages, 376, 377, 378, all seem to include boilerplate language related to the card?
RICHARD GUERCI: Yes.
MR. LESKO: Was this the type of information on the statement that you reviewed and analyzed?
RICHARD GUERCI: Yes, they all appear to be the same.
MR. LESKO: And so this statement reflects -- I will show you it again. It reflects charges in April of 2017; is that right?
RICHARD GUERCI: Yes, that's correct.
MR. LESKO: And, so, that would have been approximately how many months after Pam Cafritz died?
RICHARD GUERCI: Approximately five or six months.
MR. LESKO: So I would like to turn now to Government's 725.
(Exhibit published.)
MR. LESKO: Is that the -- is that the schedule you prepared of Pamela Cafritz's American Express records?
RICHARD GUERCI: Yes, it is.
MR. LESKO: And why don't you explain to the jury what's reflected on your schedule?
RICHARD GUERCI: Okay. Up on top it just identifies the account information which includes Ms. Cafritz's name, an American Express card the portion of the account number, the address listed on the account. Moving from left to right, it indicates the date of the transaction. It would be the date it actually posted to the statement itself. That would be reflected. The second would be just a description of a bank description which would be who the actual servicer was that actually initiated the charge.
The third box would be the service description which would just be a summary of whatever information was provided on the statement that might give some detail about what was actually purchased. The fourth column is the purchase amount, the amount of money that was actually charged to the card. The next column is the payment or credit amount. Within that would be refunds that were issued on the card as well as any payments that were sent in. You know, whether it was electronically or via hard copy check.
The next column is the source of the payment, you know, where the payment actually came from and then the final column is nothing more than a running balance of debits and credits to the accounts.
MR. LESKO: And you calculated that running balance; is that right?
RICHARD GUERCI: Yes.
MR. LESKO: Okay. So, let's discuss some of the charges on this Pam Cafritz American Express. I would like to turn your attention to this charge on November 7, 2016. What is that charge?
RICHARD GUERCI: It's a charge to Parkland Ambulance Service for $3,539.50.
MR. LESKO: Was that on the date of Pam Cafritz's death?
RICHARD GUERCI: Yes, it was.
MR. LESKO: I would like to turn your attention to the first charge on November 15, 2016. What is that charge?
RICHARD GUERCI: Charged to Amazon marketplace, you know, which gave somewhat a description of a book store for an amount of $245.41.
MR. LESKO: Now, are there a number of charges in the records to Amazon and Amazon Marketplace?
RICHARD GUERCI: There are throughout the statements that I reviewed, yes.
MR. LESKO: Okay. Turning to the next page of Government's 725. The second charge on November 16th, would you describe that charge, please?
RICHARD GUERCI: It was a charge to Keith Donato DC which I indicated earlier is a chiropractor utilizing a Square device for a method of payment for an amount of $265.
MR. LESKO: Okay. There are two charges or there's four, but the last two charges on November 16th are Restoration Hardware. Could you describe those charges?
RICHARD GUERCI: Yes, they appear to be for home furnishings for -- the first one for $1,471.25 and the second one which is also for what appears to be home furnishings for $1,484.09.
MR. LESKO: Okay. November 23rd, what's that charge?
RICHARD GUERCI: It's another charge to Keith Donato, chiropractor, utilizing a Square device for amount an of $265.
MR. LESKO: November 25th, check payment, what does that reflect?
RICHARD GUERCI: It shows that there was a check received as payment on the account from the Key Bank account ending in 8784 from an account that was maintained by Pamela Cafritz for $12,546.70.
MR. LESKO: Are we going to be reviewing those Key Bank records in a moment?
RICHARD GUERCI: Yes, we are.
MR. LESKO: 11/29, the next page, what's that charge?
RICHARD GUERCI: The charge to Lucky Pet, Inc. which indicated it was a pet shop, pet food. It was also referenced for $68.90.
MR. LESKO: 11/30, what's that charge?
RICHARD GUERCI: It's another charge to Keith Donato, the chiropractor, again utilizing a Square device for $265.
MR. LESKO: December 7th, what's that charge?
RICHARD GUERCI: Another charge to Keith Donato for $265.
MR. LESKO: December 8th, what's that charge?
RICHARD GUERCI: Charge to Domino's Pizza, store 3554 in Brooklyn, New York for restaurant charges for $20.50.
MR. LESKO: That's a store in Brooklyn?
RICHARD GUERCI: That's in Brooklyn, New York, yes.
MR. LESKO: December 16th, what's that charge?
RICHARD GUERCI: Charge to Polo referencing 00128 for an order at gsicommerce.com for $1,049.67.
MR. LESKO: And, just so the record is clear, I'm pointing out individual transactions in Government's 725, but each page contains a number of other transactions; is that correct?
RICHARD GUERCI: Yes, they do.
MR. LESKO: Okay. December 20, 2016, what's Blair's Sauces?
RICHARD GUERCI: It's for groceries/sundries for $166.
(Continued on the following page.)
(Continuing)
MR. LESKO: December 20th, what's that charge?
RICHARD GUERCI: Charged to Neiman Marcus for cashmere blend sweater, Donegal soft blazer, for $4,457.62.
MR. LESKO: December 21st, what's that charge?
RICHARD GUERCI: It's another charge to Keith Donato, chiropractor, for $265.
MR. LESKO: December 22nd, what's that charge?
RICHARD GUERCI: Charge to Neiman Marcus, with a service description of print/Wales 2, for $4,269.30.
MR. LESKO: January 4th, what's that charge?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $265, also using a Square device.
MR. LESKO: Another payment on January 6th; is that right?
RICHARD GUERCI: Yes.
MR. LESKO: And January 7th, what's that charge?
RICHARD GUERCI: Charge to Bergdorf Goodman, which is a department store, for $11,350.56.
MR. LESKO: January 11th, what's that charge?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $265.
MR. LESKO: January 18th, what's that charge?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $265.
MR. LESKO: January 25th, what's that charge?
RICHARD GUERCI: Charge to Keith Donato, chiropractor, for $174.
MR. LESKO: Another payment on January 26th?
RICHARD GUERCI: Yes. For $29,390.32 from the KeyBank account ending in 8784, which was in the name of Pam Cafritz.
MR. LESKO: February 1st, what's that charge?
RICHARD GUERCI: Charge to Keith Donato utilizing a Square device for $174.
MR. LESKO: February 10th, what's that reflect?
RICHARD GUERCI: That reflects a credit or a refund from Bergdorf Goodman, a department store, for $9,346.45.
MR. LESKO: February 15th, what's that charge?
RICHARD GUERCI: Charge to Keith Donato, chiropractor, for $264.
MR. LESKO: March 1st, what's that charge?
RICHARD GUERCI: A charge from Keith Donato utilizing a Square device again for $225.
MR. LESKO: March 29th, what's that charge?
RICHARD GUERCI: It's a charge for speed pay, National Grid, for $500.98.
MR. LESKO: And National Grid is a utility. Is that some sort of utility?
RICHARD GUERCI: My understanding it's a utility company that provides electric and gas services in Upstate New York.
MR. LESKO: April 19th, what's that charge?
RICHARD GUERCI: It's another charge to Keith Donato, chiropractor, for $250.
MR. LESKO: April 26th, what's that charge?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $240.
MR. LESKO: May 3rd, what's that charge?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $185.
MR. LESKO: May 10th, what's that charge?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $145.
MR. LESKO: May 15th, 2017, what's that charge?
RICHARD GUERCI: It's a charge by Executive Success Programs for $3,140.
MR. LESKO: And so how many months had Pam Cafritz been dead by that time?
RICHARD GUERCI: At this point, approximately seven months.
MR. LESKO: May 17th, 2017, what's that charge?
RICHARD GUERCI: It's another charge to Keith Donato, chiropractor, for $230.
MR. LESKO: May 23rd?
RICHARD GUERCI: Another charge to Keith Donato for $145.
MR. LESKO: Bottom of the page, May 30th, what does that transaction reflect?
RICHARD GUERCI: This is a credit refund for $1,389 from Executive Success Programs.
MR. LESKO: June 7th, what does that reflect?
RICHARD GUERCI: It's another charge from Keith Donato, chiropractor, for $275.
MR. LESKO: And following that, that's three charges for Restoration Hardware. What's the second of the three?
RICHARD GUERCI: The second one is for $1,435.94, which indicates it was for home furnish or home furnishings.
MR. LESKO: June 14th?
RICHARD GUERCI: That's another charge to Keith Donato for $240. That's Keith Donato, the chiropractor.
MR. LESKO: June 15th, what is that transaction?
RICHARD GUERCI: That's an online payment for $16,391.49 from a KeyBank account ending in 8784, which was in the name of Pamela Cafritz.
MR. LESKO: June 21st?
RICHARD GUERCI: That's another charge to Keith Donato, chiropractor, for $145.
MR. LESKO: June 28th?
RICHARD GUERCI: Another charge from Keith Donato, chiropractor, for $285.
MR. LESKO: July 5th?
RICHARD GUERCI: A charge from Keith Donato, chiropractor, for $235.
MR. LESKO: July 10th?
RICHARD GUERCI: It's a charge from St. Peter's Hospital for $402.55. That's the last of three charges on that date.
MR. LESKO: July 12th?
RICHARD GUERCI: Charge from Keith Donato, chiropractor, for $235.
MR. LESKO: July 18th, the first one?
RICHARD GUERCI: First one is a charge from Restoration Hardware for home furnishings, for $2,853.69.
MR. LESKO: July 19th?
RICHARD GUERCI: Another charge from Keith Donato, chiropractor, for $240.
MR. LESKO: July 20th?
RICHARD GUERCI: Charge there from a company called Baby Be Mine for something that was indicated as service for $79.98.
MR. LESKO: Based upon your review of the statements, at this point in time, did the card start to be used to purchase a number of baby-related items?
RICHARD GUERCI: Yes, it did.
MR. LESKO: 7/26?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $235.
MR. LESKO: August 1st?
RICHARD GUERCI: Charged by Keith Donato, chiropractor, for $145.
MR. LESKO: August 4th?
RICHARD GUERCI: Charged by a company called Owlet Baby Care, Inc., for $299.99.
MR. LESKO: August 1st?
RICHARD GUERCI: On August 1st there's two charges, the second being from Prosvent LLC for $109.75.
MR. LESKO: August 15th?
RICHARD GUERCI: The charge to a company called Americord Registry LLC for $4,998.
MR. LESKO: And do you know what Americord Registry is?
RICHARD GUERCI: I do.
MR. LESKO: What is it?
RICHARD GUERCI: It's a company that collects stem cells from newborn umbilical cords, you know, for potential future use for the treatment of different blood diseases such as leukemia.
MR. LESKO: Okay. August 16th?
RICHARD GUERCI: The last one on that date was a charge for Keith Donato, chiropractor, for $284.
MR. LESKO: September 6th?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $286.
MR. LESKO: September 13th?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $275.
MR. LESKO: September 20th, 2017?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $284.
MR. LESKO: September --
MR. LESKO: Strike that.
MR. LESKO: September 27th, 2017?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $245.
MR. LESKO: October 4th?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $284.
MR. LESKO: October 6th?
RICHARD GUERCI: The charge there for Sachs Direct for $1,159.18.
MR. LESKO: October 11th?
RICHARD GUERCI: Another charge for Keith Donato, chiropractor, for $145.
MR. LESKO: November 8th?
RICHARD GUERCI: Another charge to Keith Donato, chiropractor, for $145.
MR. LESKO: And throughout, are there various KeyBank payments of the balance owed?
RICHARD GUERCI: There are, either via check or online payments, yes.
MR. LESKO: Okay.
Last page, 1/27?
RICHARD GUERCI: There's a charge to Donato's Pizza for $35.13.
MR. LESKO: January 30th?
RICHARD GUERCI: There's a charge there from Prosvent LLC for $109.75.
MR. LESKO: February 1st?
RICHARD GUERCI: Another charge to Donato's Pizza for $24.66.
MR. LESKO: February 4th?
RICHARD GUERCI: There's a charge to Sirius XM Radio, Inc., for radio service, for $218.55.
MR. LESKO: February 5th?
RICHARD GUERCI: Charge to Netflix.com for $11.99.
MR. LESKO: Okay.
MR. LESKO: I'm showing you what's been admitted as Government's 723.
(Exhibit published.)
MR. LESKO: These are supplemental American Express records; is that right?
RICHARD GUERCI: Yes, they are.
MR. LESKO: Okay. And let's take a look at the first page.
What does that first page reflect?
RICHARD GUERCI: It's a copy of a check payable to American Express from an account at KeyBank in the name of Pamela Cafritz that was issued on January 19th, 2017, for $29,390.32. As it indicates down in the memo section for AMEX CC payment, and it was signed by Keith Raniere.
MR. LESKO: Okay. So -- and this is drawn on Pam Cafritz's KeyBank account?
RICHARD GUERCI: KeyBank account ending in 8784, yes.
MR. LESKO: Okay. And does that correspond to some records we're going to be taking a look at in a moment?
RICHARD GUERCI: It does.
MR. LESKO: And how many months after Pam Cafritz died was this check written?
RICHARD GUERCI: This was approximately two months, two-and-a-half months after.
MR. LESKO: We will take a look at the second page of Government's 723.
Describe what's on the second page third page, I'm sorry.
RICHARD GUERCI: Yes. This is also a check payable to American Express from the same Pamela Cafritz account at KeyBank ending in 8784, that was written on November 23rd, 2016, for $12,546.70. And in the memo section it indicates Pamela Anne Cafritz, and lists a number 42002, and this was signed by Keith Raniere.
MR. LESKO: Okay. And how many days after Ms. Cafritz died was this check written?
RICHARD GUERCI: This was approximately two weeks after. Approximately 16 days in total.
MR. LESKO: And last page of Government's 723.
Could you describe what's reflected on that page?
RICHARD GUERCI: Yes. This is also a check payable to American Express from an account at KeyBank in the name of Pamela Cafritz, ending in 8784, that was written on December 29th, 2016, for $1,265.68. In the memo section it indicates AMEX CC payment. And this was signed by Keith Raniere.
MR. LESKO: That's on December 29th, 2016?
RICHARD GUERCI: That's correct. December 29th, yes.
MR. LESKO: Okay.
MR. LESKO: Your Honor, may I approach the witness?
THE COURT: Yes, you may.
MR. LESKO: Thank you.
Investigator Guerci, I'm going to show you what's been marked for identification as Government's 721, 726 and 727.
MR. LESKO: Could you identify those exhibits for the jury?
RICHARD GUERCI: Yes. Exhibit 721 are bank records from KeyBank for an account in the name of Pamela Cafritz, which ends in account number 8784. It also includes an affidavit from a representative from KeyBank, which is a certificate of authentication.
Schedule 726 is a summary that I prepared for the period November 1st of 2016 through June 29th of 2018, which summarizes some of the information that was contained on the statements within this account, which also included checks, deposit tickets and deposited items.
Government Exhibit 727 is a summary of some of the checks that were written on this account during that same time period, which were actually written and signed, I should say, by Keith Raniere. It's a summary schedule as well.
MR. LESKO: Thank you.
MR. LESKO: Your Honor, we'd offer Government's 721, 726 and 727.
MR. AGNIFILO: No objection to any of those exhibits, Judge.
THE COURT: All right.
Government Exhibits 721, 726 and 727 are received in evidence.
(Government's Exhibits 721, 726 and 727 received in evidence.)
THE COURT: You may publish them.
MR. LESKO: Thank you, Your Honor.
(Exhibit published.)
MR. LESKO: Turning your attention initially to Government's 721. And this is page 343 of Government's 721.
(Exhibit published.)
MR. LESKO: See if we can zoom in.
MR. LESKO: These bank records, they include copies of cleared checks; is that how that works?
RICHARD GUERCI: Yes, they're part of the production, yes.
MR. LESKO: Okay. So check number 125 at the bottom.
Do you see that?
RICHARD GUERCI: I do.
MR. LESKO: Okay. Describe that check, please.
RICHARD GUERCI: That's a check drawn on the account of Pamela Cafritz, account number ending in 8784, which was written on November 18th of 2016, to an individual identified as Prospero Ramos for $722.50, which was signed by Pamela Cafritz. Or appears to be signed by Pamela Cafritz.
MR. LESKO: And in your experience and based upon your training, does that appear to be an actual signature?
RICHARD GUERCI: It does not. It may be a stamp.
MR. LESKO: Signature stamp?
RICHARD GUERCI: Looks like a stamp, yes.
MR. LESKO: Okay. And the date on the check?
RICHARD GUERCI: Date is November 18th of 2016.
MR. LESKO: So approximately how many days after Pam Cafritz died was that check signed?
RICHARD GUERCI: Approximately 11 days.
MR. LESKO: Okay. Turning your attention to Government's Exhibit 621, page 371. Check number 1471.
Could you describe that check for the jury, please.
RICHARD GUERCI: Sure. That's a check drawn on the account of Pamela Cafritz at KeyBank, account ending in 8784, which was written or I should say payable to Buyers Advocate, Inc., for $15,000. And it's dated November 7th, 2016.
MR. LESKO: And who signed it?
RICHARD GUERCI: Pamela A. Cafritz.
MR. LESKO: Okay. Was that the day she died?
RICHARD GUERCI: It was. Based on her death certificate, yes.
MR. LESKO: And do you know what Buyer's Advocate, Inc. is?
RICHARD GUERCI: That was a company that was actually in her name.
MR. LESKO: At some point did the defendant start signing these checks --
RICHARD GUERCI: Yes.
MR. LESKO: -- on the Cafritz account?
RICHARD GUERCI: Yes, he did.
MR. LESKO: Okay. So you've seen some of these, but in the bank records, let's take a look at check number 2003.
Could you describe that check.
THE COURT: Excuse me, let me ask this.
Did you learn whether the defendant had signing authority on the -- on Ms. Cafritz's account?
RICHARD GUERCI: Not based on information that was provided by the bank. It did not appear that he did.
THE COURT: All right.
Go ahead.
MR. LESKO: And just to explain that banks have signature cards; is that right?
RICHARD GUERCI: Yes.
MR. LESKO: And did the defendant have a signature card for this account?
RICHARD GUERCI: Not based on the information that was provided to me, no.
MR. LESKO: Okay. So go ahead. I think I stopped you. If you could continue explaining.
THE COURT: No, I stopped him.
MR. LESKO: Oh, I'm sorry.
MR. LESKO: You were stopped.
THE COURT: Go ahead.
MR. LESKO: Continue.
RICHARD GUERCI: With respect to check 2003, it's a check payable to American Express that was written on January 19th, 2017, for $29,390.32, which was signed by Keith Raniere, and as indicated in the memo section, it was for AMEX CC payment.
MR. LESKO: All right. Let's turn your attention -- we could probably get this in right before the break -- to Government's Exhibit 727 in evidence.
RICHARD GUERCI: Okay.
(Exhibit published.)
MR. LESKO: If I can line this up correctly.
MR. LESKO: Okay. 727, what does that reflect?
RICHARD GUERCI: It's a summary schedule of checks that were signed by Keith Raniere on the account that we're referencing, which is the KeyBank account, in the name of Pamela Cafritz.
MR. LESKO: Okay. So let's do this quickly. We talked about American Express payments.
11/28, is there an American Express payment?
RICHARD GUERCI: Yes, there was a payment to American Express for $12,546.70.
MR. LESKO: Okay. Two lines down from that, 11/28, November 28th on Government's 727.
What does that check reflect?
RICHARD GUERCI: It's a check to Progressive Insurance for $587 for a policy number 47997281.
MR. LESKO: So an insurance payment?
RICHARD GUERCI: Yes.
MR. LESKO: December 29th, 2016, what is that check for?
RICHARD GUERCI: That's a check for $142.48 to Louis Petraccione & sons, Inc., for what appears to be plumbing services, invoice number 161059.
MR. LESKO: January 9th, 2017. That is an E-check. What is an E-check?
RICHARD GUERCI: It would be an electronic check that would be forwarded. So instead of a physical check that would be mailed, let's say, there would be something that would be transmitted electronically. In the form of a check, though.
MR. LESKO: Okay. January 26th?
RICHARD GUERCI: That was a withdrawal or a check, I should say, for -- payable to American Express for $29,390.32 for AMEX CC payment.
MR. LESKO: February 24th, what is that check for?
RICHARD GUERCI: It's a check for $350 to an individual identified as Siobhan, for -- in the notation section said Single EMS.
MR. LESKO: Next check, February 24th?
RICHARD GUERCI: That's payable to National Grid for $138.01 for account number 52440-02130 for 2 Flintlock Lane, and that was for what appeared to be utilities.
MR. LESKO: All right. March 10th, 2017, what's that check for?
RICHARD GUERCI: Check payable to Audi Financial, Inc., for $1,734.60.
MR. LESKO: Does that appear to be a car payment?
RICHARD GUERCI: It does.
MR. LESKO: May 5th, 2017?
RICHARD GUERCI: Check payable to Concord Court Association for $169 for pool and tennis, for a period from December 1st to 11/30 of 17.
MR. LESKO: Okay. May 8th, 2017?
RICHARD GUERCI: Check for $45 payable to Samantha LeBaron, for personal assistance.
MR. LESKO: May 24th, 2017?
RICHARD GUERCI: Check payable to Clare Bronfman for $65,847.68.
MR. LESKO: Last page, 6/21, 2017?
RICHARD GUERCI: Check payable to the Town of Halfmoon for $33.38, for account number 05020300 for water at 2 Flintlock, from 12/1/16 through March 8th of 17.
MR. LESKO: Okay. July 20th, 2017?
RICHARD GUERCI: Check payable to Patrick Maloney for $3,700 for work completion to house. And all of these notation sections is information that is a summary of information that was contained on the checks themselves. So that's where that information came from.
MR. LESKO: And so the housework on completion to house to Patrick Maloney, by July 20, 2017, how long had Pamela Cafritz been dead?
RICHARD GUERCI: Approximately eight months.
MR. LESKO: Okay. So all of these checks that you reviewed and analyzed that were signed by the defendant out of this Pam Cafritz account.
What were the total amount, dollar amount of the checks?
RICHARD GUERCI: $328,305.84.
MR. LESKO: Okay. Your Honor, I think this would be a good time or time for a break.
THE COURT: All right. Let's take our afternoon break. All rise for the jury.
COURT CLERK: All rise.
(Jury exits.)
(In open court; outside the presence of the jury.)
THE COURT: You may stand down, sir.
RICHARD GUERCI: Thank you.
THE COURT: Do not discuss your testimony with anyone.
(Witness excused.)
THE COURT: About how much more do you have on direct?
MR. LESKO: I'm trying, Your Honor.
THE COURT: You are trying.
MR. LESKO: I hope to go more quickly.
THE COURT: Well, that really did not answer my question.
MR. LESKO: I am going to try to be done before 5:00.
MR. AGNIFILO: I would probably have -- honestly, I think I can probably shorten my cross-examination if I had the evening because we just really got a lot of this stuff in the last --
THE COURT: I will give you the evening.
MR. AGNIFILO: Yes. But I probably could do it in an hour tomorrow morning.
THE COURT: An hour? Okay.
MR. AGNIFILO: On the outside.
THE COURT: That is fine. Whatever you need. I am not telling you how much time to take. I am just trying to move things along in order to establish some efficiencies.
MR. LESKO: Understood, Your Honor. I think the back part of this will go much quicker.
THE COURT: All right. Let's take ten minutes. Thank you. (Recess taken.)
(Continued on following page.)
(In open court - jury not present.)
(Judge NICHOLAS G. GARAUFIS entered the courtroom.)
THE COURT: Okay, are we ready?
MR. LESKO: Yes, Your Honor.
THE COURT: All right, let's bring in the witness, bring in the defendant, and then we'll bring in the jury.
(Defendant entered the courtroom.)
COURT CLERK: I'll go get the jury.
THE COURT: Okay.
(The witness resumed the stand.)
(Pause.)
(Jury enters.)
THE COURT: Please be seated, everyone.
Mr. Lesko, you may continue your examination.
MR. LESKO: Thank you, Your Honor.
THE COURT: The witness is reminded he is still under oath.
RICHARD GUERCI: Thank you, Your Honor. Yes.
DIRECT EXAMINATION BY MR. LESKO:
MR. LESKO: All right. Investigator Guerci, we are going to take a look at Government's Exhibit 726 in evidence.
(Exhibit published.)
MR. LESKO: Could you briefly describe what that schedule depicts?
RICHARD GUERCI: That's a summary of -- summary schedule of the account for Pamela Cafritz at Key Bank with Account No. ending in 8784. It's a summary of all the activity in the account from November 1st of 2016 to June 29th of 2018.
MR. LESKO: Okay. And we'll start with some of the transactions after November 7th, 2016; the date of Pam Cafritz's death. Okay?
RICHARD GUERCI: Yes, sir.
MR. LESKO: Okay. And what I'd like to do with these records is, I am going to ask you to either describe the purchase, itself, or the purchase and amount. Okay?
RICHARD GUERCI: Okay.
MR. LESKO: So I don't need an amount for every purchase.
RICHARD GUERCI: Yes, sir.
MR. LESKO: Or every transaction.
RICHARD GUERCI: Okay.
MR. LESKO: All right. Let's start with Check No. 1473 on November 10th. Who is that check to?
RICHARD GUERCI: Juliana Vicente.
MR. LESKO: And what was it for?
RICHARD GUERCI: Bookkeeping and mileage.
MR. LESKO: Okay. November 14, 2016, Check No. 180 -- Check No. 81. Who was that to, and what was the amount?
RICHARD GUERCI: It was Dr. Danielle Roberts for $230.
MR. LESKO: November 21st, "Bill Pay," what was that payment?
RICHARD GUERCI: It was a payment to PAH Mortgage Corporation for $1,387.93.
MR. LESKO: December 2nd, withdrawal, direct withdrawal. What was that for?
RICHARD GUERCI: That was for Knox Woods for $91 for association dues.
MR. LESKO: December 9th, 2016, Check No. 1469. Who was that to?
RICHARD GUERCI: That was to Kathy Russell.
MR. LESKO: And how much was it for?
RICHARD GUERCI: $1,040.
MR. LESKO: Right above that, on December 9th, a deposit. Where was that deposit from?
RICHARD GUERCI: It was from Ethical Value Exchange, LLC.
MR. LESKO: And what was the amount?
RICHARD GUERCI: $1,269.48.
THE COURT: Okay.
BY MR. LESKO:
MR. LESKO: So December 16th, 2016, "Debit card payment." What was that for?
RICHARD GUERCI: It was for a Villa Pizza for 900 -- for $9.90.
MR. LESKO: All right. December 19th, Villa Pizza, is that right?
RICHARD GUERCI: Yes.
MR. LESKO: December 19th, another charge to Villa Pizza, is that right?
RICHARD GUERCI: Yes.
MR. LESKO: $12?
RICHARD GUERCI: For $12, yes.
MR. LESKO: Okay. 12/22/2016, debit card, is that LaBella Pizzas?
RICHARD GUERCI: Yes, for $5.
MR. LESKO: And below that, 12/23/2016, what's that debit card for?
RICHARD GUERCI: Dunkin' Donuts for $6.92.
THE COURT: And these charges were on the American Express card?
RICHARD GUERCI: No, sir. These were -- this is a summary of the bank account at Key Bank in the name of Pamela Cafritz. So these are debit card transactions from that bank account.
THE COURT: Debit card?
RICHARD GUERCI: Yes. Yes.
MR. LESKO: All right.
THE COURT: How does a debit card work?
RICHARD GUERCI: It's similar to a credit card, it's just it's a direct transfer from the account. The money comes right out of the account; instead of a credit card, where a there is a credit balance, and then you have to pay the card on a monthly basis.
THE COURT: The money automatically leaves the account and goes to the payee?
RICHARD GUERCI: That's correct, yeah. There's no credit extended. It's just a direct withdrawal from the account, so funds have to be available.
THE COURT: Okay.
MR. LESKO: Okay.
THE COURT: But was there anyone else who had access to that debit card, according to the records you found?
RICHARD GUERCI: Not based on the records that I obtained from the bank, no.
THE COURT: All right.
BY MR. LESKO:
MR. LESKO: And to be fair, can you determine who actually used the debit cards reflected in the transactions that you've scheduled?
RICHARD GUERCI: No, not based on this information, I cannot.
MR. LESKO: Okay. January 17th, 2017, what is that transaction?
RICHARD GUERCI: For $37.50, there was a transaction to Bow Tie Criterion Cinemas.
MR. LESKO: January 25th, 2017, what is that transaction?
RICHARD GUERCI: For $889.05, there is a payment to Stephen Dautel, dentist.
MR. LESKO: And without having to go by date, on page 4 of your schedule, is it fair to say there are a number of purchases of pizza, Cracker Barrel, that type of thing?
RICHARD GUERCI: Yes, there are.
MR. LESKO: Okay. Is that throughout the schedule, a number of pizza purchases?
RICHARD GUERCI: Yes, there are.
MR. LESKO: Okay. So I'd like -- March 3rd, 2017, is that a deposit?
RICHARD GUERCI: Yes, it is.
MR. LESKO: Who is that from?
RICHARD GUERCI: Clare Bronfman for $15,000.
MR. LESKO: So on May 15th, 2017, there is another deposit. What's the amount of that deposit?
RICHARD GUERCI: $150,000.
MR. LESKO: And where was that deposit received from?
RICHARD GUERCI: It came from another account that was maintained at Key Bank, which was an account in the name of Pamela Cafritz as well. And it was an account ending in 8213.
MR. LESKO: The next page, page 9 of your schedule, June 30th, 2017, is that another deposit from that account?
RICHARD GUERCI: Yes, it is.
MR. LESKO: What's the amount?
RICHARD GUERCI: $150,000.
MR. LESKO: July 24th, 2017, what's that transaction?
RICHARD GUERCI: The transaction for $185.07 to Birth with Love Midwifery. Debit card transaction.
MR. LESKO: Okay. The next page, page 12 of your schedule, September 5th, 2017, another deposit. Where is that deposit from?
RICHARD GUERCI: It's from the same account, 8 -- ending in 8213, which was another Key Bank account in the name of Pamela Cafritz.
MR. LESKO: Okay. And are the majority of deposits into this account from that bank account that you've just described?
RICHARD GUERCI: Most of them are, yes.
MR. LESKO: October 10th, 2017, where is that deposit from?
RICHARD GUERCI: It's also from that same account ending in 8213 for $50,000.
MR. LESKO: October 27th, 2017, another deposit?
RICHARD GUERCI: Another deposit from the same account ending in 8213, which was another account maintained by Pamela Cafritz.
MR. LESKO: What's that amount?
RICHARD GUERCI: $30,000.
MR. LESKO: October 27th, 2017, Check No. 2308, could you describe that transaction?
RICHARD GUERCI: It was a check payable to Loreta Garza for $1,700, which indicated "Reimbursement for security cameras."
MR. LESKO: For security cameras?
RICHARD GUERCI: That's what it indicated, yes, on the check.
MR. LESKO: November 9th, 2017, another deposit?
RICHARD GUERCI: Yes.
MR. LESKO: Or transfer?
RICHARD GUERCI: That was a transfer into the account from --
MR. LESKO: What's the amount?
RICHARD GUERCI: -- from the account ending in 8213, in the name of Pamela Cafritz.
MR. LESKO: And the amount?
RICHARD GUERCI: $25,000.
MR. LESKO: Okay. So -- and there are -- are there a number of other similar transfers or deposits from that same 8213, Pam Cafritz bank account?
RICHARD GUERCI: Yes, there are.
MR. LESKO: Okay. So the last page of Government's 726, did you tally up all of the disbursements and deposits?
RICHARD GUERCI: Yes, I did.
MR. LESKO: So in this account -- and this is from November 1st, 2016?
RICHARD GUERCI: Yes, to June 29th, 2018.
MR. LESKO: And what were the total amount of disbursements out of this bank account?
RICHARD GUERCI: Total disbursements were $736,856.49.
MR. LESKO: And what were the total amount of deposits into the account?
RICHARD GUERCI: $695, $661.96.
THE COURT: I'm sorry. You said "dollars."
RICHARD GUERCI: I'm sorry. $695,661.96. Thank you.
MR. LESKO: Okay.
THE COURT: Okay.
MR. LESKO: Your Honor, at this time, I am going to offer Government's 728 through 759, 728 through 759, which are all e-mail chains forwarded, ultimately, to the defendant from Clare Bronfman.
MR. AGNIFILO: We do not object, Judge.
THE COURT: All right, Government Exhibits 728 to 759 are received in evidence.
(Government's Exhibits 728 through 759 were received in evidence.)
MR. LESKO: Thank you, Your Honor.
BY MR. LESKO:
MR. LESKO: Investigator Guerci, have you reviewed these e-mail chains?
RICHARD GUERCI: Yes, I have.
MR. LESKO: So let's take a look at a couple.
The first is Government Exhibit 728.
(Exhibit published.)
MR. LESKO: So let's start at the top. This is -- what is the date of that e-mail at the top?
RICHARD GUERCI: November 22nd, 2016.
MR. LESKO: And who is it from?
RICHARD GUERCI: Clare Bronfman.
MR. LESKO: And who is it to?
RICHARD GUERCI: Keith Raniere.
MR. LESKO: And are there any attachments?
RICHARD GUERCI: Yes, there are. There are two.
MR. LESKO: Okay. So it's a little confusing, but are there -- we'll get into the e-mail, itself.
But getting into the -- looking at the later pages of the exhibit, are they some of the American Express statements that you discussed previously related to Pamela Cafritz?
RICHARD GUERCI: Yes, that's a copy of one of the statements.
MR. LESKO: Okay. And then let's look at the e-mails.
So second page of Government's 728.
(Exhibit published.)
BY MR. LESKO:
MR. LESKO: Is this an e-mail from Michele Tarzia?
RICHARD GUERCI: Yes, it is.
MR. LESKO: November 21st, 2016?
RICHARD GUERCI: Yes, it is.
MR. LESKO: To Clare Bronfman?
RICHARD GUERCI: Yes.
MR. LESKO: And can you read in what the e-mail states?
RICHARD GUERCI: Yes. It says: Clare, I need to pay Amex -- I'm sorry, I need to pay Pam's Amex. Balance is $12,546.70 (due on Friday.) I can pay by transfer from her Key Bank account. The Amex is also still being used....
MR. LESKO: Okay. So the first page of Government's 728 at the bottom here, is the bottom e-mail from Clare Bronfman?
RICHARD GUERCI: Yes, it is.
MR. LESKO: And is it to Michele Tarzia?
RICHARD GUERCI: It is.
MR. LESKO: And does it seem -- does it appear to be a response to that previous e-mail that you just read?
RICHARD GUERCI: It does, yes.
MR. LESKO: And what does Clare Bronfman say in response to Michele Tarzia's e-mail?
RICHARD GUERCI: Oh, shit. Okay. Let me figure this all out... I think it's Marianna. Did you receive the checks from Balu? And can you please send me the cc report to forward to Keith for his approval?
MR. LESKO: Okay. Now, above -- above that, November 22nd, 2016, does Clare Bronfman forward this chain to the defendant?
RICHARD GUERCI: Could you please move that down?
MR. LESKO: I'm sorry.
RICHARD GUERCI: It's actually blocking my screen.
Thank you.
MR. LESKO: This e-mail right here (indicating) --
RICHARD GUERCI: Yes.
MR. LESKO: -- from Clare Bronfman to the defendant?
RICHARD GUERCI: Yes.
MR. LESKO: And could you read in the e-mail that Ms. Bronfman sent the defendant.
RICHARD GUERCI: Yes. It says: Hey, I'm just forwarding these to you for review and approval... Cx.
MR. LESKO: Okay. I am going to show you Government's 734.
(Exhibit published.)
BY MR. LESKO:
MR. LESKO: I will show you, again, the last pages of it. Are they transaction records related to the American Express that we've discussed?
RICHARD GUERCI: Yes, that's a summary of the account activity during that specified period.
MR. LESKO: Okay. And that's an attachment to this e-mail, Government's 734. So let's start from the beginning.
So, is this an e-mail from that name (indicating)?
RICHARD GUERCI: Yes, Amanda Auspelmyer.
MR. LESKO: And the date?
RICHARD GUERCI: June 14th, 2017.
MR. LESKO: And it's to who?
RICHARD GUERCI: Clare Bronfman.
MR. LESKO: And cc who?
RICHARD GUERCI: Michele Tarzia.
MR. LESKO: And what does Amanda say to Clare Bronfman?
RICHARD GUERCI: Hi, Clare. Pam's Amex report is attached for your review. The total balance due is $17,030.28. Can we pay this? Let me know if you have any questions. Thanks, Amanda.
MR. LESKO: Okay. First page of Government's 734, right above -- and the e-mail that you just read, sorry, that's going out of focus, does Clare Bronfman forward that request by e-mail to the defendant?
RICHARD GUERCI: Yes.
MR. LESKO: And is that on June 14th, 2017?
RICHARD GUERCI: Yes, it is.
(Continued on the following page.)
BY MR. LESKO: (Continuing.)
MR. LESKO: So, I'm now showing you Government's 735.
(Exhibit published.)
MR. LESKO: Okay. So, is this -- it's a separate exhibit, but is this the same e-mail we just discussed from Amanda to Clare Bronfman about the balance on the American Express report?
RICHARD GUERCI: Yes, it reflects the same information.
MR. LESKO: It's the same information as Government's 734?
RICHARD GUERCI: Yes. It appears to be, yes.
MR. LESKO: And it's forwarded. And does the last e-mail in the chain dated June 14, 2017, is that from the defendant to Clare Bronfman?
RICHARD GUERCI: Yes, it is.
MR. LESKO: And what does the defendant say in that e-mail?
RICHARD GUERCI: "Yup, pay it," dot, dot, dot.
MR. LESKO: Now, did you review additional e-mails where Ms. Bronfman forwarded similar requests to pay the balance owed on this American Express card?
RICHARD GUERCI: Yes, I did.
MR. LESKO: Okay. And I'm just going to show you these very quickly, but --
(Exhibit published.)
MR. LESKO: Government's 729, is that a forward to the defendant requesting payment for the American Express?
RICHARD GUERCI: Yes, with an attachment.
MR. LESKO: Okay. And is it fair to say that Government's 730, 731, 732, 733, 736, 737, 738, 739, 740, 741, 2 -- 742, 743, 744, 745, 746. I believe this goes all the way through Government's 759. Before I ask the question --
MR. LESKO: Before I ask the question, may I approach the witness, Your Honor?
THE COURT: Yes you may.
(Approaches.)
BY MR. LESKO:
MR. LESKO: So all of the exhibits that I just mentioned and I will have you take a brief review of them --
RICHARD GUERCI: (Reviewing.)
Yes, these are the documents I reviewed.
MR. LESKO: All of those exhibits, do they involve e-mails forwarded to the defendant related to balances owed on the Cafritz American Express card?
RICHARD GUERCI: Yes.
MR. LESKO: Investigator Guerci, I would like to -- do you recall reviewing records, business records received from American Express related to an American Express card transaction involving a cardholder named Daniela Bergeron?
RICHARD GUERCI: I did, yes.
MR. LESKO: And were the statements from approximately January 8, 2017 through April 7, 2019?
RICHARD GUERCI: To the best of my recollection, that's the period, yes.
MR. LESKO: And those -- those records are reflected in Government's 718?
RICHARD GUERCI: Yes.
MR. LESKO: We'd offer Government's 718.
MR. AGNIFILO: One second, Judge.
THE COURT: Sure.
MR. AGNIFILO: No objection, Judge.
THE COURT: All right. Government Exhibit 718 is received in evidence.
(Government's Exhibit 718 received in evidence.)
MR. LESKO: Thank you, Your Honor.
(Exhibit published.)
BY MR. LESKO:
MR. LESKO: Investigator Guerci, I'm going to turn your attention to win Government's 718. Let's start with page 49. Does this reflect that this statement relates to cardholder named Daniela Bergeron?
RICHARD GUERCI: It does, yes.
MR. LESKO: What's the account number on the card?
RICHARD GUERCI: The ending numbers are 1-22008.
MR. LESKO: Okay. And the closing date for this statement is what date?
RICHARD GUERCI: June 7th of 2017.
MR. LESKO: So on the next page -- Government 718, page 51, do you see a credit reflected on the statement?
RICHARD GUERCI: I do, yes.
MR. LESKO: What is that credit? Could you describe it?
RICHARD GUERCI: It's a credit to a company referenced as XR LLC for $1,730.90. It's a company in California.
MR. LESKO: Okay. Two pages later, page 52. Do you see a transaction on May 26, 2017 involving XR LLC?
RICHARD GUERCI: I do, yes.
MR. LESKO: Could you describe that transaction for us?
RICHARD GUERCI: It's a transaction for $922.74, XR LLC in California.
MR. LESKO: Okay. And then two down from that, May 28th, is there another transaction involving XR LLC?
RICHARD GUERCI: There is, yes.
MR. LESKO: What's that amount?
RICHARD GUERCI: $1,730.90.
MR. LESKO: And does that correspond to the credit we just saw?
RICHARD GUERCI: It does.
MR. LESKO: Investigator Guerci, did you review American Express business records relating to a cardholder named Kathy L. Russell from a time period January 14, 2003 through January 14 2006?
RICHARD GUERCI: Yes, I did.
MR. LESKO: And did you assist in preparing a separate document, Government Exhibit 761-A that reflects a statement with the closing date of January 15, 2005?
RICHARD GUERCI: I've reviewed it. I didn't prepare it.
MR. LESKO: Okay. You reviewed that exhibit?
RICHARD GUERCI: I did, yes.
MR. LESKO: Your Honor, we'd offer Government's 761 and 761-A.
MR. AGNIFILO: No objection, Judge.
THE COURT: All right. Government Exhibits 761 and 761-A are received in evidence.
(Government Exhibits 761 and 761-A received in evidence.)
(Exhibit published.)
MR. LESKO: Thank you, Your Honor.
BY MR. LESKO:
MR. LESKO: This is the stack of 761; is that correct?
RICHARD GUERCI: Yes, it is.
MR. LESKO: And it's a collection of statements over that time period we just discussed; right?
RICHARD GUERCI: Yes, uh-huh.
MR. LESKO: And 761-A, the cardholder name is what?
RICHARD GUERCI: Kathy L. Russell.
MR. LESKO: Account number?
RICHARD GUERCI: Ending in 4-22002.
MR. LESKO: Closing date?
RICHARD GUERCI: January 15, 2005.
MR. LESKO: I would like to turn you to the fourth page of that statement. Do you see a transaction on December 4, 2004?
RICHARD GUERCI: I do.
MR. LESKO: What's that charge?
RICHARD GUERCI: Sunoco in Little Falls, New York for $44.50.
MR. LESKO: And a transaction on December 24th?
RICHARD GUERCI: I do.
MR. LESKO: What's that transaction?
RICHARD GUERCI: Also a transaction at Sunoco in Clifton Springs, New York $26.36.
MR. LESKO: Your Honor, if I could show an exhibit just to the witness, please.
THE COURT: Go ahead.
BY MR. LESKO:
MR. LESKO: Okay. Investigator Guerci, showing you what's been marked for identification as Government's 804, do you recognize that exhibit?
RICHARD GUERCI: I do, yes.
MR. LESKO: And is that a death certificate?
RICHARD GUERCI: It is from the State of Oregon.
MR. LESKO: For a person named the Ashana Chenoa?
RICHARD GUERCI: Yes.
MR. LESKO: We offer Government Exhibit 804.
MR. AGNIFILO: No objection.
THE COURT: Government Exhibit 804 is received in evidence.
(Government Exhibit 804 received in evidence.)
(Exhibit published.)
BY MR. LESKO:
MR. LESKO: And so this is a death certificate from the State of Oregon?
RICHARD GUERCI: It is, yes.
MR. LESKO: And it's for someone named Ashana Chenoa?
RICHARD GUERCI: Yes.
MR. LESKO: What is the date of death?
RICHARD GUERCI: January 2, 2003.
MR. LESKO: Okay. And what is her date of birth?
RICHARD GUERCI: Date of birth is April 11, 1978.
MR. LESKO: And what was her occupation?
RICHARD GUERCI: It's listed as bartender.
MR. LESKO: Does the location appear to be on a street?
RICHARD GUERCI: Yes, it is.
MR. LESKO: And what is the cause of death?
RICHARD GUERCI: Head and neck injuries which appear to have resulted from an automobile crash.
MR. LESKO: Your Honor, if I could just show the next exhibit to the witness briefly.
THE COURT: Yes.
MR. LESKO: Investigator Guerci, I'm showing you what's been marked for identification as Government's 803, a two-page exhibit.
Do you recognize that exhibit?
RICHARD GUERCI: I do.
MR. LESKO: What is that exhibit?
RICHARD GUERCI: That is -- well, the first part of it is a certification from an individual from the State of Alaska and he's transmitting a driver's license.
MR. LESKO: Okay.
MR. LESKO: We'd offer Government's 803.
MR. AGNIFILO: No objection.
THE COURT: All right. Government Exhibit 803 is received in evidence.
(Government Exhibit 803 received in evidence.)
(Exhibit published.)
BY MR. LESKO:
MR. LESKO: And that first page is the certification; is that right?
RICHARD GUERCI: It is, yes.
MR. LESKO: Okay. The second page, is that a copy of the driver's license?
RICHARD GUERCI: A copy of the driver's license for Ashana Chenoa.
MR. LESKO: And the date of birth?
RICHARD GUERCI: April 11, 1978.
MR. LESKO: So Ashana Chenoa?
RICHARD GUERCI: Yes.
MR. LESKO: And what state is this?
RICHARD GUERCI: Anchorage, Alaska.
MR. LESKO: And again the birth date?
RICHARD GUERCI: April 11, 1978.
MR. LESKO: If I could show the next two just to the witness, Your Honor.
THE COURT: Go ahead.
MR. LESKO: Investigator Guerci, is that a -- showing you Government's 805 is that an obituary in the Anchorage Daily News dated January 10, 2003?
RICHARD GUERCI: Yes, that's what it appears to be.
MR. LESKO: Okay. And Government's 801, the first page -- let's see if it comes into focus. What is Government's 801 if you could describe what page one is?
RICHARD GUERCI: It's a certification from the Department of Homeland Security, which is a text record which is being provided for information relating to Lisa Chenoa, date of birth, April 11, 1978.
MR. LESKO: Are these the official records from Homeland Security?
RICHARD GUERCI: Yes.
MR. LESKO: And the next page, without going into the actual substance, is this a record reflecting what's called a person encounter?
RICHARD GUERCI: Yes, that's what it is.
MR. LESKO: Your Honor, we offer Government's 805 and 801.
MR. AGNIFILO: No objection.
THE COURT: All right. Government Exhibits 805 and 801 are received in evidence.
MR. LESKO: Thank you.
(Government Exhibits 805 and 801 received in evidence.)
(Exhibit published.)
BY MR. LESKO:
MR. LESKO: So, the obituary is from January 10, 2003 in the Anchorage Daily News. On the far left, who's obituary is that?
RICHARD GUERCI: That's for Ashana Chenoa.
MR. LESKO: Does that indicate that she indeed passed away in a car accident in Portland, Oregon?
RICHARD GUERCI: Yes, it does.
MR. LESKO: Does it indicate that she was born on April 11, 1978?
RICHARD GUERCI: It does.
MR. LESKO: And that was January 10, 2003, right?
RICHARD GUERCI: I believe that's the date.
MR. LESKO: Now let's look at Government Exhibit 801, the second page.
(Exhibit published.)
MR. LESKO: Okay, so, this indicates the encounter start date on the form?
RICHARD GUERCI: January 1, 2001.
MR. LESKO: Okay. And the encounter end date?
RICHARD GUERCI: December 31, 2006.
MR. LESKO: And the name of the person encountered?
RICHARD GUERCI: Lisa Chenoa.
MR. LESKO: And is this a U.S. Customs and Borer Protection form?
RICHARD GUERCI: Yes, it is.
MR. LESKO: Indicating a person encounter of some sort?
RICHARD GUERCI: That's what it indicates, yes.
MR. LESKO: And the date of birth of Lisa Chenoa who was encountered by Customs and Border Protection, what was the date of birth?
RICHARD GUERCI: April 11, 1978.
MR. LESKO: And what was the date and time of the encounter?
RICHARD GUERCI: The date of the encounter was December 24th of 2004 at 1517 or 3:17 p.m.
MR. LESKO: Okay. And where was this encounter, the type?
RICHARD GUERCI: It was from a vehicle, the individual was located in the vehicle.
MR. LESKO: And the site code?
RICHARD GUERCI: The Lewiston–Queenston Bridge crossing.
MR. LESKO: Do you know if that's in Canada?
RICHARD GUERCI: It's the Canada, Niagara Falls border, I believe.
MR. LESKO: Okay.
MR. LESKO: Your Honor, may I approach the witness?
THE COURT: Yes, you may.
(Approaches.)
BY MR. LESKO:
MR. LESKO: Investigator Guerci, I'm showing you Government's 704 and 705 for identification. Do you recognize those exhibits?
RICHARD GUERCI: Yes.
MR. LESKO: Without going into details about their contents, what is Government Exhibit 704?
RICHARD GUERCI: 704 is -- are bank records provided by Wells Fargo Bank.
MR. LESKO: And certified bank records?
RICHARD GUERCI: Yes, they are.
MR. LESKO: Is it for a trust of some sort?
RICHARD GUERCI: Yes, it is.
MR. LESKO: And what's the name of the trust?
RICHARD GUERCI: CDF Irrevocable Trust Jason D. Jones, trustee.
MR. LESKO: If you look at Government's 705, could you describe Government 705?
RICHARD GUERCI: It's a summary of the account activity that was contained within this account for the period May 17, 2018 through October 31, 2018.
MR. LESKO: Your Honor, we would offer in a redacted form Government 704 and 705.
MR. AGNIFILO: We object to 705.
MR. LESKO: May we have a sidebar briefly?
(Sidebar held outside of the hearing of the jury.)
(Continued on next page.)
(The following sidebar took place outside the hearing of the jury.)
THE COURT: I thought we had resolved this.
MR. LESKO: He's going to mark it for identification and not in evidence. I don't want Investigator Guerci to have to futz through this exhibit.
THE COURT: I do not want him to either.
MR. LESKO: He did the calculations.
THE COURT: Let's get the calculations in.
MR. LESKO: I won't seek to admit it. We'll just use it to refresh his memory.
THE COURT: Okay, thank you.
(Sidebar ends.)
(Continued on next page.)
(Continuing.)
THE COURT: All right. 704 and 705.
MR. LESKO: We're just going to offer 704 at this point, Your Honor.
THE COURT: Okay. Any objection to 704?
MR. AGNIFILO: Not to 704.
THE COURT: 704 is admitted into evidence.
(Government Exhibit 704 received in evidence.)
THE COURT: 705?
MR. LESKO: 705 we may need to refresh Investigator Guerci's recollection, but we're not seeking to admit it.
THE COURT: That is fine.
MR. LESKO: With your permission, Your Honor, we're just going to discuss 704. We're not going to publish it because it needs redactions.
THE COURT: Okay.
MR. LESKO: Thank you.
THE COURT: Proceed.
BY MR. LESKO:
MR. LESKO: Investigator Guerci is the CDF Trust a trust created by Clare Bronfman?
RICHARD GUERCI: Yes, it is.
MR. LESKO: And is it a trust where the proceeds are used or have been used to fund counsel for defendants in this case?
RICHARD GUERCI: Yes. Based on my analysis of the account, that's accurate.
MR. LESKO: And have the proceeds of the trust been used to fund consultants for the defense in this case?
RICHARD GUERCI: Yes, as well.
MR. LESKO: And have you reviewed the trust bank records?
RICHARD GUERCI: Yes, I have.
MR. LESKO: And without getting into who was specifically paid and what they were specifically paid, did you sort of calculate the total amount of disbursements -- I'm sorry, of deposits into this trust?
RICHARD GUERCI: I did, yes.
MR. LESKO: And do you recall, and I can refresh your memory if you need to look at Government's 705, but do you recall the amount, the total amount of deposits, into the trust?
RICHARD GUERCI: It was approximately $14 million.
MR. LESKO: Okay. Was it $14,035,556?
RICHARD GUERCI: That sounds correct. If that's what's reflected on the statement, yes, or on the schedule.
MR. LESKO: And do you recall whether or not most of those funds were deposited by Clare Bronfman?
RICHARD GUERCI: Yes, most of them were.
MR. LESKO: Do you recall whether someone named Jack Levy deposited any amounts into the trust?
RICHARD GUERCI: Yes. There was also a small deposit from an individual identified as Jack Levy.
MR. LESKO: For $1,030?
RICHARD GUERCI: Yes, that sounds correct.
MR. LESKO: Do you recall or do you know, were legal costs associated with Ms. Bronfman's defense paid for out of this trust?
RICHARD GUERCI: They appear to have been --
MR. LESKO: Investigator Guerci, are you familiar with a court document system by the name of PACER?
RICHARD GUERCI: Yes, I am.
MR. LESKO: And what is PACER?
RICHARD GUERCI: It's public access to federal court records. It's an electronic access which is something that you can go on and you can do research on ongoing or former cases.
MR. LESKO: And does PACER allow you to access official court filings and court documents?
RICHARD GUERCI: Yes, it does.
MR. LESKO: And you can pull the document -- you can call the document and print it; is that correct?
RICHARD GUERCI: Yes, you can.
MR. LESKO: Okay.
MR. LESKO: I'm showing what's been marked as Government's 762 just to Investigator Guerci.
THE COURT: Go ahead.
MR. LESKO: Do you see Government's 762?
RICHARD GUERCI: Yes, I do.
MR. LESKO: And based upon the heading, does it appear to be a document that was retrieved from that PACER system that you described?
RICHARD GUERCI: Yes, it certainly does.
MR. LESKO: Does it relate to a filing in United States District Court for the Northern District of Texas?
RICHARD GUERCI: Yes, it does.
MR. LESKO: The Dallas division?
RICHARD GUERCI: Yes.
MR. LESKO: Does it appear to involve a case involving the defendant?
RICHARD GUERCI: It does.
MR. LESKO: And does it appear to be some -- a filing from the defendant?
RICHARD GUERCI: It does, yes.
MR. LESKO: Your Honor, we offer Government 762.
MR. AGNIFILO: No objection.
THE COURT: All right. Government Exhibit 762 is received in evidence.
(Government Exhibit 762 received in evidence.)
BY MR. LESKO:
MR. LESKO: So this is -- who are the defendants in this case?
RICHARD GUERCI: Microsoft Corporation and AT&T Corp.
MR. LESKO: And the plaintiff is the defendant?
RICHARD GUERCI: Keith Raniere, yes.
MR. LESKO: And --
THE COURT: I'm sorry, plaintiff -- plaintiff in the Texas case is --
MR. LESKO: Is Keith Raniere. I'll say Keith Raniere.
THE COURT: Go ahead.
BY MR. LESKO:
MR. LESKO: What is the title of this document?
RICHARD GUERCI: Declaration of Keith Raniere in Support of Plaintiff's Opposed Emergency Motion for Stay of Fee Order Pending Appeal.
MR. LESKO: And could you read -- and is it a declaration from Mr. Raniere?
RICHARD GUERCI: Yes, it is.
MR. LESKO: The second page, is it signed by Mr. Raniere?
RICHARD GUERCI: It is, yes.
MR. LESKO: Okay. And read paragraph two, please.
RICHARD GUERCI: "I do not have access to monies of over $400,000 by December 30, 2016. Therefore, I am unable to comply with the Court's order."
MR. LESKO: Okay. Okay.
MR. LESKO: Your Honor, could I consult with my colleagues very briefly?
THE COURT: Sure.
MR. LESKO: Thank you.
(Pause in proceedings.)
BY MR. LESKO:
MR. LESKO: Okay, if you could just start with paragraph three, could you read the start of paragraph three. It will carry over into the next page.
RICHARD GUERCI: Certainly. "I realize the litigation to protect my patents in suit has been costly. The litigation has been gratuitously funded by First Principles LLC which controls the intellectual property of NXIVM Corporation, the executive training company for which I was the conceptual founder. NXIVM has no interest in the patents in suit and has no obligation or arrangement with me to fund this Texas litigation nor share in its proceeds."
MR. LESKO: Could you read the fourth paragraph?
RICHARD GUERCI: "Subject to my Appellate rights to challenge the merits and computation of the amount and fees and the dismissal of my case, I would not oppose an executable judgment issued against me for the fees and costs of the defendants and I have no problem with the employment of standard collection efforts against me. I declare, under the penalty of perjury, that the foregoing is true and correct and that this declaration was executed under the law of the United States on December 19, 2016." Signed "Keith Raniere."
MR. LESKO: And this is submitted under the penalty of perjury; is that right?
RICHARD GUERCI: Based on that last paragraph, yes.
MR. LESKO: Okay. Do you have any knowledge of whether or not the defendant actually has any assets in his name?
RICHARD GUERCI: None that I'm aware of.
MR. LESKO: Going back to Government 727, these are the checks written by the defendant out of the Pam Cafritz bank account?
RICHARD GUERCI: Yes, they are. That's a similar one.
MR. LESKO: So this Government's 762, was submitted on December 19, 2016?
RICHARD GUERCI: Yes.
MR. LESKO: Essentially saying that the defendant didn't have assets?
RICHARD GUERCI: That's what it indicates; correct.
MR. LESKO: And just a couple weeks before, December 5th, the defendant made an insurance payment out of that Pam Cafritz bank account; is that right?
RICHARD GUERCI: Yes.
(Continued on the following page.)
(Continuing)
MR. LESKO: And roughly a month after the defendant paid an Amex bill in the amount of $29,390.32 out of that same Pam Cafritz KeyBank bank account?
RICHARD GUERCI: Yes.
MR. LESKO: No further questions, Your Honor.
MR. AGNIFILO: Can we approach for a second?
THE COURT: Sure.
(Side-bar conference held on the record out of the hearing of the jury.)
(Continued on following page.)
(Side-bar.)
THE COURT: Okay.
MR. AGNIFILO: It's my request if I can start tomorrow. I think I can consolidate and be more efficient.
THE COURT: Any objection --
MR. LESKO: No, Your Honor.
THE COURT: -- to that?
That is fine.
MR. AGNIFILO: Okay. Thank you, Judge.
THE COURT: I will just tell the jury that we will have the cross -- there is only 20 minutes anyway, and they have had a long day.
MR. AGNIFILO: Thank you, Judge.
THE COURT: Okay. Thank you.
MR. LESKO: And Your Honor, just a reminder, I don't believe we have to start at 9:15, tomorrow.
THE COURT: Oh, I remember that.
(Side-bar end.)
(Continued on following page.)
(In open court.)
THE COURT: All right. Rather than begin the cross-examination tonight, I prefer to start tomorrow morning and go through in the morning with the cross. So we will start and we will start at 9:30 tomorrow morning, and we will have the cross and then we will go on to the next witness from there.
Hopefully by Thursday I will have a better sense of where we are with the balance of the trial, which I am sure everyone on the jury has some interest in knowing about, as does the Court.
JURORS: Yes.
THE COURT: So I will consult with the parties and as soon as I know, I will advise the jury.
So please be here at 9:30 tomorrow morning. Do not discuss your testimony with anyone. You are excused for the evening.
RICHARD GUERCI: Okay. Thank you.
THE COURT: Okay.
All right, Members of the Jury. Let me remind you that it is very important that you follow my instruction that you not discuss the case with anyone, not your family, friends, business associates and not your fellow jurors.
In addition, you must not read, listen to, watch or access any accounts of this case on any form of media, such as newspapers, TV, radio, podcasts or the internet, and nor should you research or seek outside information about any aspect of the case.
Please do not communicate with anyone about the case on your phone, whether through e-mail, text messaging or any other means, through any blog or website or by way of any social media, including Facebook, Twitter, Instagram, YouTube or other similar sites.
You must not consider anything you may have read or heard about the case outside of this courtroom, whether you read it before or during jury selection, or during this trial, and do not visit any of the locations identified during the course of jury selection and trial.
So we will see you tomorrow morning at 9:30. Have a good evening.
All rise for the jury.
(Jury exits.)
(In open court; outside the presence of the jury.)
THE COURT: Is there anything else before we adjourn.
From the Government?
MS. PENZA: No, Your Honor.
THE COURT: From the defendants?
MR. AGNIFILO: No, Your Honor.
THE COURT: All right, 9:30 tomorrow morning.
Thank you, everyone.
UNIDENTIFIED SPEAKER: Thank you.
(Matter adjourned to Wednesday, June 12th, 2019 at 9:30 a.m.)
oooOooo