Samplings From Truong Deposition (1)
MrVidmar
questions and answers.
********************************************************************
Q. I will take the years out of it. What is the
biggest deal that you remember getting for plaintiff up
until January I, 2007?
A.
Q.
A.
I would say at least $20,000.
With who?
Random House, Everyman Chess. I think those
are at least two of the companles.
Q. Okay. Random House and is it Everyman's
Chess?
A.
Q.
A.
Q.
Everyman Chess, yes, Slr.
And was there a contract signed with them?
Yes.
Okay. Do you have possession of that
contract?
A. I may have, but it is probably in one of the
500 boxes that we have that we still haven't unpacked
when we moved from New York.
Q. Okay. So you have documents In 500 -- You
have 500 boxes of documents?
A. Not documents. Clothes, things, you know,
from the house.
Q.
A.
It's a bad question.
Okay.
Start again.
Q. There are documents that you have in boxes in
your possession that you have not looked at since you
moved from New Yorki is that correct?
A.
Q.
Correct.
Okay. And you understand that your wife is
suing defendants for $10 million; correct?
A.
Q.
Correct.
And neither you nor your wife have looked
through those boxes to find documents that may be
relevant to this case?
A. I cannot speak what
she has done; I don't know.
ln terms of her what
your
Q. Okay. You were glven a subpoena, along with
I assume that you were given a document request
with your subpoena, which is an order from the Court --
A.
Q.
Uh-huh.
-- but you haven't -- you didn't go through
those documents; did you?
A. As I just mentioned to you ln the beginning of
the deposition, I just found out when I got here that I
was supposed to produce these documents.
Q. Okay.
*************************************************************
Q. Okay. After high school did you go to a
college?
A.
Q.
A.
Yes.
What college?
I prefer not to discuss it at this moment
because I am in the middle of working with some of my
old colleges to create chess programs and I don't want
some of the people to start creating problems that would
cause a problem with that so I prefer not to discuss it.
Q. I understand your preference, but you are
going to answer the question.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
Well, I refuse to answer.
You are plaintiff's business manager?
Yes.
She is suing for $10 million?
Right.
I am entitled to go into your credentials --
Right.
and you are refusing to answer my
questions?
A.
Q.
A.
Q.
Correct.
Your lawyer is not advising you to do that?
I understand.
You are just going to willfully disregard a
question under oath that you have been subpoenaed to
testify about?
A. Correct.
MS. ESTRELLa: Yeah. And I will instruct
him not to answer anyway.
MR. HUTTENBACH: On what basis?
MS. ESTRELLa: On the basis that it is
gOlng to affect his future business relationships and
so, in an effort to protect those interests and those
negotiations, he lS just not going to talk about it.
MR. HUTTENBACH: Well, his wife can
dismiss the lawsuit and protect that, but as long as his
wife is bringing the lawsuit, do you have any legal
basis, as we sit here today, to instruct him not to
answer the question?
MS. ESTRELLa: To prevent your clients
from committing future torts.
THE WITNESS: I am not a party to this
case so, you know, I don't want to subject myself to
future damages caused by your clients.
Q. (BY MR. HUTTENBACH) Just so the record lS
absolutely clear when I file my Motion to Compel, you
won't even tell me what college you went to?
A.
Q.
Correct.
Even though you have publicly told people the
college you go to?
A.
Q.
A.
Yes.
Were you lying when you gave all those things?
No, I did not.
Q. Okay. So, for example, when you have told
people that you went to Mercy College in Dobbs Ferry,
New York, is that a lie or is that not a lie?
A. I refuse to answer.
Q. Did you graduate from any college?
A. I refuse to answer.
Q. I am not asking you what name of the college.
Did you graduate?
A.
Q.
As I said, I refuse to answer.
Now you understand that the jury is gOlng to
look at that answer and think, "Wow, he didn't graduate
from college because he is refusing to answer"?
A.
Q.
That is fine.
And you understand the chess world is going to
see that?
A.
That is fine.
******************************************************************************
Okay.
Are you a citizen of this country?
No, I am not.
What is your citizenship?
I'm sorry?
Where are you a citizen of?
I am stateless.
You are stateless?
Yes.
Okay.
I am a permanent resident of the United
States, but I am stateless.
*******************************************************************************
Q. Did you have any awards or accolades at
General Development Corporation?
A. Yes.
Q. Like what?
A. In 1987 I was, even though I started at
toward, I believe, July, August of 2 -- I mean of 1987,
I finished the year as the number two employee at my
office, produced the second most amount of, I guess,
business or volume production of the entire company,
which was a multi-billion dollar organization.
Q.
A.
Q.
Were you responsible for that?
Yes.
And you made all these sales?
A. People under me. I managed the operation.
Q.
A.
Okay. Any other accolades?
In 1988 my office was number one. My
operation was the number one operation of the company
and basically every single year until the company filed
for bankruptcy, I believe somewhere between 1990, '91, I
was the top, you know, my operation was the top
operation every single year.
Q.
A.
Okay. What was the product you were selling?
It was -- The company was based out in Miami
and they have plan of cities that they are marketing
across the state of Florida, including Port Saint Lucie
where the New York Mets have their spring training
facilities and Vero Beach where the Los Angeles Dodgers
used to have their spring -- spring facilities. So, you
know, anywhere from commercial real estate, residential
real estate, rentals. You name iti it is the entire
operation.
Q.
A.
Okay.
And I am more in charge of a marketing and PR
aspect of it.
Q. Okay. I think I am missing something, because
if you started there in '87, you went right into
management, even though you had no experience before
then?
A. I started out as a trainee fOT approximately
about two months and I was promoted. It was the fastest
promotion in company history.
Okay. And the person I would speak to to
verify all these facts would be Jeran Levitt?
A.
Q.
A.
Correct.
Okay. Do you know where he is located today?
I haven't spoken to him since 1990, 1991,' no
contact whatsoever.
Q. Okay. After General
Developm~nt Corp., what
is the next company?
A. Avatar. I don't remember how the -- listed,
either incorporated -- I'm not sure. But Avatar!
A-V-A-T-A-R.
Q.
A.
And what is the business at Avatar?
Almost identical to General Development.
Q. Okay. So! day-to-day you would manage people
or you would sell things?
A.
Q.
A.
Manage.
Okay.
The sales lS basically like if there lS any
problem that would need or require! you know!
intervention by a manager! you know! I sometimes may
step in to help! but other than that! no! I don't do
day-to-day sales.
Q. Okay. And you were with Avatar from '91
until?
A.
Q.
A.
Q.
I think it was around 1993.
Okay. And who was your boss there?
Alexander Orlov! O-R-L-O-V.
And do you know where Mr. Orlov is now?
A. I have no idea. I don't have any contact with
him for many! many! many years.
****************************************************************8
Q. Okay.
Now you have filed for bankruptcy twice;
correct?
A.
Q.
A.
Correct.
The first time was in --
I cannot say definitively, but I think it's
around 1990 or 1991.
Q.
A.
Okay.
After the collapse of General Development
Corporation. There was a lot of money owed due to me
and I was not paid because the company went out of
business.
Q. Okay. And you filed bankruptcy in 2007;
correct?
A.
Q.
Correct.
Okay. How many truly successful business
people have filed two bankruptcies?
Q.
A.
Trump.
MS. ESTRELLO: Objection, argumentative.
THE WITNESS: I have no idea.
(BY MR. HUTTENBACH) Do you think --
I mean, I can -- you can consider Donald
I think he is a lot more successful than I do.
Q. Okay. So you think you are still a highly
successful, qualified business manager, even though you
have filed bankruptcy twice?
A.
Q.
A.
Q.
Absolutely.
Okay.
One has nothing to do with the other.
Well, do you think you should campaign In a
national election and state that you are a very
competent, qualified business manager, but at the same
time having to file for bankruptcy protection?
A. It has nothing to do with each other. One is
personal and one is business. Has nothing to do with
each other.
Q. Well, if you are saying that you are -- When
you say one is personal and one is business, what do you
mean by that?
A. Well, it doesn't say that, you know, I have
done something bad in business. It's just that there
were circumstances that were beyond my control. As I
explained to you, in 1990, '91, around that time, had to
file for bankruptcy when you are due, you know, when you
are supposed to be paid hundreds of thousands of dollars
by your company and you owe that money and the company
went out of business and they give you one penny for
every dollar that they owe you in the form of, you know,
stocks for, you know, whatever you call it, which is
worthless, it is creating a financial strain.
Q. So when I go pull the bankruptcy documents for
General Development Corporation, I am going to see a
claim for you for how much?
A.
Q.
Do what?
You made a claim In that bankruptcy for how
much money?
A. It is for the entire operation. I don't
remember exactly back in 1990 1 no.
Q. Okay. But you just told me you were owed
hundreds of thousands of dollars --
A. WeIll the operation that I managed, which I
front a lot of the expenses. I don't know the exact
breakdown of it.
Q.
A.
Okay.
But it was directly involved -- or caused by
the collapse of General Development Corporation. And I
was not the only one that was hit verYI very hard.
Q. How much were you owed when they filed for
bankruptcy?
A. On a personal level I do not remember. This
was in 1990 1 1991.
Q. Okay. Well, if it was hundreds of thousands
of dollars, you might remember that because that is a
lot of money to most people?
A. As I said, for the entire operation. On a
personal level, I do not remember.
Q. Okay. So it could have only been a thousand
or $2,OOO?
A.
Q.
Oh, definitely not. Definitely not.
So you think it's a lot more than that or less
than that?
A.
I believe it is a lot more than that.
***************************************************************************88
Q. Okay. So, how long were you with ITT?
A. I believe in 19
-~ around 1993 until -- I
cannot tell you off the top of my head, but I think it
is approximately between 1995 and '96, if I am not
mistaken.
Q.
A.
Okay. Where did you go after that?
Those are the things that I cannot discuss
because I signed NDA agreement with them.
Q. Okay. So in 1997 you have an NDA?
A.
Q.
A.
Q.
A.
Q.
A.
All the way up until 2001.
Okay. Now, what is an NDA?
A nondisclosure agreement.
Okay. Do you have a copy of that agreement?
No, I do not.
Okay.
And in addition with that, I still am in touch
with some of these people and I still, you know, have
I don't know how you call it. I do not want to ruin
that relationship.
Q. Okay. I just want to make sure that when we
have a Motion to Compel we know what we are talking
about so
A.
Q.
Okay.
-- you are refusing to answer questions about
your employment from 1997 to 2001; correct?
A.
Q.
Correct.
Okay. Have you ever gotten any legal advice
from any attorney about refusing to answer these
questions?
A. I would say -- I would -- It is
attorney/client privilege what my attorney advises me.
Q. I am not asking what the advice was. I am
just saying have you ever gotten any advice from any
attorney to encourage you to refuse to answer these
questions?
A. Yes.
MS. ESTRELLO: Pat, I think that goes
into the attorney/client privilege and I don't care how
you ask it, you are still asking about attorney's
advice.
Q. (BY MR. HUTTENBACH) Okay. I am gOlng to ask
the next question then. So you have glven a copy of
that NDA to an attorney for their review --
A. No, I did not give a copy of the NDA. I don't
know where it lS.
talking.
MS. ESTRELLO: Paul, quit -- quit
THE WITNESS: Oh, I'm sorry.
MS. ESTRELLO: Don't tarry. You can't
ask questions about this. Just move on.
MR. HUTTENBACH: No, I am going to ask
questions because it is going to be a Motion to Compel.
MS. ESTRELLO: Well, I am instructing him
not to answer any questions about advice he's received
from counsel.
MR. HUTTENBACH: Okay. Are you the
attorney -- and I'm not asking what the advice was
are you or Jim the attorney that has given him the
advice to refuse to answer these questions?
MS. ESTRELLO: I am not answering that
question either. You can move on to another subject.
MR. HUTTENBACH: Okay. Has he produced
these NDA's to you for your review? Because if you have
MS. ESTRELLO: That is none of your
business. That goes into attorney/client privilege and
we are not talking about it.
Q. (BY MR. HUTTENBACH) Okay. Well, let me ask
this: Do you have a copy of that agreement?
A. Which agreement.
Q. The one that you are relying on not to answer
these questions.
A. I don't believe I have a copy of it. If I do
it is somewhere, but I haven't seen it since I signed it
back at that time.
Q. Okay. So, that is between '97 and 2001;
correct?
A.
Q.
Correct.
So that might be more than ten years ago;
correct?
A. Correct.
Q. Most NDA's last a year, two years, three
years. Have you looked at the agreement to see if that
has expired?
A. I --
MS. ESTRELLO: It calls for speculation.
looked at it.
THE WITNESS: I don't know. I have not
Q. (BY MR. HUTTENBACH) Okay. So, as we sit here
today, you don't know if you are still bound by that
agreement; are you?
A. I do not know, but it is not a chance I want
to take.
Q. Okay. My question to you lS, Slr: You are
refusing to answer my questions?
A.
Q.
Correct.
And again, you are plaintiff's business
manager so I think your business background is very
relevant to this lawsuit.
A.
Q.
Uh-huh.
But you are relying on an agreement that you
don't know what the terms are, you haven't looked at,
and you don't even have a copy of; correct?
A. Correct. I mean, I have been -- I have glven
you enough information from 1987 until that time so it
lS a substantial information about my background.
Q. If the Court orders you to testify about these
facts, are you willing to do that?
A. I have to see at the time what's the Court
order.
Q. Okay. But you do understand that the
defendants have the right to ask you about your
background
on.
MS. ESTRELLa: Asked and answered. Move
THE WITNESS: I have answered.
Q. (BY MR. HUTTENBACH) Okay. And you are still
refusing to answer the question?
A.
Q.
Correct.
Okay.
So as we sit here today, it lS, Slnce you
won't answer, it is possible that you were fired from
these employers from 1997 to
A. I have never --
MS. ESTRELLa: Objection, argumentative.
THE WITNESS: I have never been fired
from any job in my life.
Q. (BY MR. HUTTENBACH) But you won't answer any
questions if I try to ask you those ques.tions; correct?
A. As I said, no.
Q. SO it lS possible, as we sit here today, and
if I ask you at trial, the Jury lS going. to look at you
and say, well, he is not answering so he could have been
fired, that's what we just don't know; is that a fair
statement?
speculation.
MS. ESTRELLO: Objection, calls for
THE WITNESS: That's what the Jury has to
make up their mind.
Q. (BY MR. HUTTENBACH) Okay. And again you
weren't with the FBI or anything; were you?
A.
Q.
No.
Okay. So you were just normal American
business?
A.
Q.
A.
Q.
A.
Q.
Correct.
Okay. Were you upper level management?
Top management, correct, yes.
Top management?
Yes, of the operation.
And people get deposed In top management all
the time and they are allowed to tell what companies
they worked for, but you are saying you can't even tell
me the name of company you worked for?
discuss it.
MS. ESTRELLO: Objection, argumentative.
THE WITNESS: I guess -- I refuse to discuss it.
*************************************************************************************************
jeremy.p...@vanderbilt.edu
>
> Okay.
> Are you a citizen of this country?
> No, I am not.
> What is your citizenship?
> I'm sorry?
> Where are you a citizen of?
> I am stateless.
> You are stateless?
> Yes.
> Okay.
> I am a permanent resident of the United
> States, but I am stateless.
Of all the evasions, I find the refusal to answer a question of
whether he graduated from college, and which college he went to the
most amusing. The explanation that he might want to set up chess
programs there is particularly lame; I wonder whether even his
supporters buy it. I have never heard of a college graduate refusing
to say which college they graduated from; if you aren't willing to say
you went to a college, then why go there?
Jerry Spinrad
