KasmanComplaintFull

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA

LEWIS KASMAN, a resident of the State of Florida,

Plaintiff,

V.

BARRY GILBERT RODERMAN, a resident of the State of Florida; BARRY G. RODERMAN AND ASSOCIATES, P.A., a Florida Corporation

Defendants. _________________________ /

Case No. ----------------Division ------------------JURY TRIAL DEMANDED

COMPLAINT

Plaintiff, LEWIS KASMAN, by and through his attorneys allege on information and

belief based, inter alia, on the investigation of their legal counsel, except as to those allegations

which pertain to the Plaintiff, which are based upon personal knowledge and belief, as follows:

NATURE OF THE ACTION

1. This is an action by which Plaintiff seeks redress for actions and inactions of Plaintiff

Kasman's legal representatives and fiduciaries - his attorneys in an action seeking the dissolution

of Plaintiffs marriage, determination of appropriate temporary and permanent child support and

alimony, distribution of assets, creation of a parenting plan and all other matters within the

purview of a dissolution of marriage - for their extortion of fees, legal malpractice, breach of

fiduciary duty, and breach of contract.

JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction as the relief sought is in excess of

$15,000.00.

Nicholas T. Steffens & Associates, P.A. 5571 N. University Drive, Suite 101 I Coral Springs, F lorida 33076

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3. · Venue is proper in this judicial district pursuant to Chapter 47.011, Florida Statutes.

PARTIES

4. Lewis Kasman is an individual residing within the jurisdiction of the court.

5. Defendant Barry G. Roderman is a resident ofBroward County, Florida and does

business in Palm Beach County, Florida.

6. Defendant Roderman is a member of the Florida Bar.

7. Defendant, Barry G. Roderman and Associates, P.A. ("BGR&A") is a corporation

pursuant to Florida law and doing business in the State of Florida.

8. Defendant BFR&A primary place of business is located in Fort Lauderdale, Florida.

9. At all times relevant herein, Defendant Barry G. Roderman was the exclusive owner

of Barry G. Roderman & Associates, P.A.

FACTUAL BASIS FOR CLAIMS

10. On February 28, 2007, Eileen Kasman ("Eileen") petitioned for the dissolution of her

marriage to Plaintiff Lewis Kasman ("Kasman"). (In re: The Marriage of Eileen Kasman and

Lewis Kasman, 15th Judicial Circuit Case No. 502007DR002635, Division FY)

11. After a brief affiliation with attorney Stuart R. Man off, Plaintiff retained Roderman

and BGR&A to represent him. Plaintiff Kasman was referred to Defendant Roderman by

Wendy Rosano, a client ofBGR&A

12. The relationship commenced on or about May 22,2007 between Lewis Kasman and

BGR&A.

13. Defendant Barry G. Roderman ("Roderman"), a member of the Florida Bar and

owner of the firm, signed the contract on behalf of BGR&A.

Nicholas T. Steffens & Associates, P.A. 5571 N. University Drive, Suite 101 I Coral Springs, Florida 33076

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14. Kasman paid Defendant Roderman $25,000.00 in a check and $5,000.00 in cash out

of proceeds of the sale of the marital home at the time of the closing of the home, which

Defendant Roderman and wife's counsel, Carol A. Kartagener, attended personally.

15. Plaintiff at the time was a cooperating witness for the United States Attorney's Office

(E.D.N.Y.) and was in protective custody by the Federal Bureau of Investigation ("FBI") as

Plaintiff was an associate of the Gambino Organized Crime Family and had no personal funds to

pay neither a retainer nor costs associated with the dissolution of marriage proceeding - requiring

the disbursement to BGR&A from the sale of the house.

16. At the time Plaintiff retained Defendants it was well known that Plaintiffs now

Former Wife was represented by Weiss, Handler, Angelos and Cornwell, P.A. and senior

associate Carol A. Kartagener ("Kartagener") and Managing Partner Henry B. Handler

("Handler").

17. Defendant Roderman has a relationship with Ms. Kartagener and the Weiss, Handler

law firm that commenced, at the latest, in 1993 when Defendant Roderman and Kartagener were

co-counsel on the Pickling v. Grubb & Ellis, Co. case. 1

18. Defendant Roderman failed to disclose that he was co-counsel on cases with

Kartagener.

19. Specifically, during the pendency of this litigation, Defendant Roderman was

working with Kartagener on the case Nolan v. Nolan in the 15th Judicial Circuit (Case No.

502008DR007915:XXXXSB) and the Fourth District Court of Appeal (4D08-495). An opinion

was issued on this case on September 10, 2008 by the Fourth District Court of Appeal. Mr.

Roderman withdrew from the 15th Judicial Circuit Case on August 26, 2008.

1 Roderman admitted to the co-counsel relationship for the first time in his response to Plaintiff's Complaint to the Florida Bar (Case No. 2010-51,357 (l7C).)

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20. On or about May 18, 2007, the parties went to mediation to resolve issues relating to

temporary support.

21. As a result of the mediation, the parties agreed on certain issues, including a division

of the proceeds from the marital residence.

22. Defendant Roderman failed to give the Plaintiff appropriate time to review the

agreement and told him to execute the Marital Settlement Agreement based on Defendant's

assertions that it was sufficient.

23. The Marital Settlement Agreement was approved by the court on May 22, 2007. (See

Docket Entry No. 57, Case No. 502007DR002635XXXXSB.)

24. Later, Defendant admitted that the Marital Settlement Agreement was a "mistake."

(See Exhibit "E", Page 18, Lines 19-20.)

25. Despite the fact that the Plaintiff has no ability to earn income, Kartagener and

Handler filed a Motion for Temporary Support seeking support in the amount of $10,000 per

month, an amount that was clearly excessive (See Docket Entry No. 9, Case No.

502007DR002635XXXXSB.)

26. At this time, both Defendant Roderman and Kartagener were aware that Plaintiff was

unemployable due to his previous association with Gambino Crime Boss John J. Gotti and had

no ability to pay this amount.

27. On August 2, 2007, an oral pronouncement was made by Judge Charles Burton

requiring the Plaintiff to pay $10,000 per month in undifferentiated support to the Wife. Judge

Burton further instructed Carol A. Kartagener to prepare an proposed Order for his execution on

that issue.

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28. Carol A. Kartagener failed to prepare such an Order and Defendant Roderman failed

to seek the drafting of it as well.

29. Shortly thereafter, the Chief Judge transferred Judge Burton to the Circuit Civil

division in West Palm Beach. This is standard protocol in the 15th Judicial Circuit. The

Honorable Martin H. Colin then became the presiding Judge on the dissolution proceeding.

30. As Plaintifflacked the ability to make such payments, the Plaintiff failed to make the

payments. Kartagener and Handler then filed Wife's Fourth Motion for Civil Contempt in

response to the non-payment.

31. Kartagener and Handler continued to push this issue by filing a Fifth and Sixth

Motion for Civil Contempt/Enforcement (See Docket Entry Nos. 120 and 131, Case No.

502007DR002635XXXXSBSee Exhibits "A" and "B.") All the while, Defendant Roderman

failed to advise the court in writing of the lack of a written court order. Of course, the entry of

an Order would have made remedies such as a Motion to Vacate, Motion for Rehearing or even

an interlocutory appeal possible?

32. It is worth noting that Judge Martin H. Colin's then-girlfriend and now-wife, Betsy

Savitt, had previously retained the Weiss, Handler law firm to represent her in a domestic

violence proceeding. Savitt retained other attorneys related to her dissolution, including Jonathan

Root, Esq. In another case before Judge Colin (not related to Ms. Savitt) where Mr. Root was

counsel, Judge Colin was disqualified from adjudicating the case because of his relationship to

Mr. Root. Baez v. Koelemij, 960 So.2d 918 (Fla. 4th DCA 2007.) (See Attached Exhibit "C.")

2 The Florida state courts permit appeals of non-final orders that grant a right to monetary relief in family law matters.

(Fla.R.App.Pro. 9.130(a)(3)(C)iii )


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33. The Baez decision was published on August 8, 2007, during the pendency of the

dissolution of marriage case in the 15th Judicial Circuit. Despite clear guidance from the Fourth

District Court of Appeal with regard to this conflict, neither Defendant Barry G. Roderman,

Kartagener, Handler, nor Judge Colin himself disclosed the conflict.

34. On February 21,2008, Defendant Roderman filed a Motion for Modification of Order

and Other Relief to modify this obligation (which has not been reduced to order still.) Despite

adequate time to set it for hearing prior to the Fifth and Sixth Motions for Civil

Contempt/Enforcement being heard, Defendant Roderman failed to set it for hearing.

35. On February 27, 2008, Judge Martin H. Colin found Plaintiff in contempt of court- a

legal impossibility as there was no written court order to establish a requirement to pay

temporary support (See Exhibit "D".)

36. At the hearing, Defendant Roderman, Defendant Roderman acquiesced to the idea

that a party could be held in contempt absent the existence of a prior court order - clearly failing

his duty of care to his client (See Exhibit "E", Page 24, Lines 23-24.)

37. Judge Colin remanded PlaintiffKasman to the Palm Beach County Jail.

38. Upon being taken into custody by the Judge's courtroom deputy Dragan, the deputy

remarked, "We got Gotti's guy in jail" referencing Plaintiffs Kasman's past association with the

Gambino Organized Crime family.

39. During the incarceration, Defendant Roderman forced Schiff to tender an additional

$2,500.00 in attorney's fees.

40. Having no ability to pay the purge amount of$40,000.00, PlaintiffKasman

eventually convinced his mother, Joan Schiff ("Schiff') to loan the amount so he could be

released from prison. (See Exhibit "F.")

Nicholas T. Steffens & Associates, P.A. 557 1 N. University Drive, Suite 101 I Coral Springs, Florida 33076

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41. Upon receipt of the payment, Defendant Roderman did not know to whom payment

should be issued and where to bring it. Schiff had to have three payments issued in order for

Defendant Roderman to get the payor information correct.

42. Due to Defendant Roderman's lack of knowledge and inability to ascertain to whom

the funds should be issued, Plaintiff was incarcerated for an additional 24 hours.

43. After nine days in the Palm Beach County Jail for violating a court order that did not

exist, Plaintiff Kasman was released from confinement.

44. With different counsel representing PlaintiffKasman, the Honorable David Crow

ruled that entire basis for proceeding against Plaintiff Kasman on the contempt charge -

specifically the lack of a court order - was baseless and outside the scope of Florida law. (See

Exhibit "G".)

45. Further, Judge Martin H. Colin eventually recused himself from the case- only after

PlaintiffKasman personally found out about Judge Colin's conflict, released the information to

the press (See Exhibit "H", Daily Business Review Article) and fought for his recusal.

46. All told, from the date of the release ofthe Baez decision3 until the date Defendant

Roderman withdrew from the case, there were approximately six Notices of Hearing issued, one

Notice of Trial, four Notices of Taking Deposition and seventy-three (73) total docket entries.

47. Later, PlaintiffKasman learned that Defendant Roderman, was involved in an

inappropriate personal relationship with Kartagener. Specifically, Plaintiff Kasman saw

Defendant Roderman taking part in a compromising physical embrace with Kartagener in the

parking lot of the South County Courthouse in Delray Beach, Florida.

3 The use ofthis date does not preclude Plaintiff from making the argument that Defendant Roderrnan knew of the relationship between the Weiss, Handler law firm and Judge Colin prior to the date of the Baez decision.



48. Despite this interaction, Plaintiff Kasman briefly continued to retain Defendant

Roderman as he could not afford another retainer. Further, PlaintiffKasman, due to his

background, could not easily find competent counsel.

49. Further, Plaintiff only learned later that Roderman and Kartagener and the Weiss,

Handler law firm shared cases. This conflict was never disclosed and was never waived in

writing as required by the Florida Bar Rules.

CAUSES OF ACTION

COUNT I - LEGAL MALPRACTICE

Plaintiff, Lewis Kasman, sues all Defendants for legal malpractice and states,

50. Plaintiff re-alleges all previous allegations and conclusions.

51. As a result of the attorney-client relationship between Plaintiff and Defendants,

Defendants owed Plaintiff various duties, including:

a. the duty of care, which requires an attorney to have the knowledge and skill necessary to confront the circumstances of each case;

b; the duty to represent and handle the client's affairs with the utmost degree of honesty, forthrightness, loyalty and fidelity;

c. the duty ofloyalty, including the obligation to fully and fairly disclose any actual or potential conflicts of interest; and

d. fiduciary duties, including the duty to make full and fair disclosure of material facts.

52. Rather than honor these duties owed to Plaintiff, Defendants breached their duties to

Plaintiff by, inter alia:

a. Failing to advise Plaintiff of its conflict with the Weiss, Handler law firm and attorney Carol A. Kartagener stemming from their co-counseling cases.

b. Failing to advise Plaintiff of the relationship between Judge Martin H. Colin and the Weiss, Handler law firm- which would have caused the Judge to recuse himself or be disqualified.


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c. Failing to protect the client's interests by ensuring that a written order with regard to temporary support was rendered so appropriate legal action could be taken.

d. Failing to protect his client's rights at the Motion for Contempt hearing which resulted in Plaintiff Kasman's illegal incarceration and Schiff having to loan Plaintiff Kasman $40,000.00 so he could be released from the Palm Beach County Jail after nine (9) days.

53. By reason of the foregoing, Plaintiff has been damaged in a sum to be determined in

accordance with evidence adduced at trial, but believed to be not less than Two Million Dollars

($2,000,000.00.)

54. By reason of Defendants' malpractice they are required to return all compensation for

services rendered.

55. The acts of Defendants constitute a conscious, malicious and intentional disregard of

Plaintiffs rights. Plaintiff specifically reserves his right to amend this complaint to plead

punitive damages as required by Florida Law.

WHEREFORE, the Plaintiff respeCtfully requests that this Court take jurisdiction of

Count I and render judgment against the Defendants, jointly and severally, in his favor in an

amount to be determined at trial but not less than Two Million Dollars ($2,000,000.00) in

compensatory damages, award them interest and costs and such other relief as the Court deems

just and equitable. Plaintiff explicitly reserves the right to amend this complaint to plead

punitive damages upon a showing of gross negligence or intentional misconduct.

COUNT II- BREACH OF FIDUCIARY DUTY

Plaintiff, Lewis Kasman, sues all Defendants for breach of fiduciary duty and states,

56. Plaintiff re-alleges the allegations and conclusions made in paragraphs 1-41 .

57. As a result of the fiduciary relationship between Plaintiff and Defendants, and the

tremendous amount of trust and confidence reposed in Defendants by Plaintiff, Defendants owed


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certain fiduciary duties, including a duty to act with the utmost degree of honesty, forthrightness,

loyalty and fidelity.

58. Defendants breached their fiduciary duty to Plaintiff by, inter alia:


b. Failing to advise Plaintiff of the relationship between Judge Martin H. Colin and the Weiss, Handler law firm- which would have caused the Judge to recuse himself or be disqualified.


d. Failing to protect his client's rights at the Motion for Contempt hearing which resulted in PlaintiffKasman's illegal incarceration and Schiff having to loan PlaintiffKasman $40,000.00 so he could be released from the Palm Beach County Jail after nine (9) days.

59. By reason of the foregoing, Plaintiff has been damaged in a sum to be determined in


($2,000,000.00.)

60. In addition, by reason of Defendants being faithless fiduciaries, they are required to

return all compensation for services rendered.


Plaintiffs rights. Plaintiff specifically reserves his right to amend this complaint to plead


WHEREFORE, the Plaintiff respectfully requests that this Court take jurisdiction of

Count II and render judgment against the Defendants, jointly and severally, in his favor in an



Nicholas T. Steffens & Associates, P.A. 5571 N. University Drive, Suite 1011 Coral Springs, Florida 33076

(954) 323 -89561 F: (954) 301-63331 [email protected] ofl5

just and equitable. Plaintiff explicitly reserves the right to amend this complaint to plead

punitive damages upon a showing of gross negligence or intentional misconduct..

COUNT III- BREACH OF CONTRACT

Plaintiff, Lewis Kasman, sues all defendants for breach of contract and states,

62. Plaintiff re-alleges the allegations and conclusions made in paragraphs 1-41.

63. Defendants expressly and impliedly represented to Plaintiff that they would represent

PlaintiffKasman in connection with all proceedings in connection with the dissolution of

marriage action, that they had the skill necessary to represent Plaintiff Kasman, that they would

exercise that degree of care skill and diligence commonly possessed by a member of the local

legal community and that the Defendants would represent Plaintiff with honesty, forthrightness,

loyalty and fidelity to Plaintiff.

64. Defendants breached their contractual duties to Plaintiffs by, inter alia:


·b. Failing to advise Plaintiff of the -relationship between Judge Martin H. Colin and the Weiss, Handler law firm- which would have caused the Judge to recuse himself or be disqualified.


d. Failing to protect his client's rights at the Motion for Contempt hearing which resulted in Plaintiff Kasman's illegal incarceration and Schiff having to loan PlaintiffKasman $40,000.00 so he could be released from the Palm Beach County Jail after nine (9) days.

65. By reason of the foregoing, Plaintiffs has been damaged in a sum to be determined in


($2,000,000.00.)


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Plaintiffs rights. Plaintiffs specifically reserves his right to amend this complaint to plead


WHEREFORE, the Plaintiffs respectfully requests that this Court take jurisdiction of

Count III and render judgment against the Defendants, jointly and severally, in his favor in an



just and equitable. Plaintiffs explicitly reserves the right to amend this complaint to plead


COUNT IV - UNJUST ENRICHMENT

Plaintiff, Lewis Kasman, sues all defendants for unjust enrichment and states,

68. Plaintiff re-alleges the allegations and conclusions made in paragraphs 1-41.

69. Plaintiff Kasman conferred a benefit - a large retainer - to the Defendants, which the

Defendants gladly accepted and retained, and the retention of said benefit, specifically the

retainer is inequitable due to the malfeasance on part of Defendants.

70. Defendants became unjustly enriched to the detriment of the Plaintiffs by inter alia:


b. Failing to advise Plaintiff of the relationship between Judge Martin H. Colin and the Weiss, Handler law firm - which would have caused the Judge to recuse himself or be disqualified.


Nicholas T. Steffens & Associates, P.A. 5571 N. University Drive, Suite I 0 I I Coral Springs, Florida 33076


d. Failing to protect his client's rights at the Motion for Contempt hearing which resulted in PlaintiffKasman's illegal incarceration and Schiffhaving to loan PlaintiffKasman $40,000.00 so he could be released from the Palm Beach County Jail after nine (9) days.

71. By reason of the foregoing, Plaintiffs have been damaged in a sum to be determined

in accordance with evidence adduced at trial, but believed to be not less than Two Million

Dollars ($2,000,000.00.)




Plaintiffs' rights. Plaintiffs specifically reserves his right to amend this complaint to plead


WHEREFORE, the Plaintiffs respectfully request that this Court take jurisdiction of

Count IV and render judgment against the Defendants, jointly and severally, in his favor in an


compensatory damages, award them interest and costs and such other reliefas the·Court deems

just and equitable. Plaintiffs explicitly reserve the right to amend this complaint to plead

punitive damages upon a showing of gross negligence or intentional misconduct..

COUNTV-FRAUDULENTINDUCEMENT

Plaintiff, Lewis Kasman, sues all Defendants for fraudulent inducement and states,

74. Plaintiff re-allege the allegations and conclusions made in paragraphs 1-41.

7 5. Defendants knowingly advised Plaintiff that their representation of Plaintiff Kasman

was in acc0rd with Florida Bar ethics rules and that no conflict of interest existed and that

Defendants had the time and focus to represent Plaintiff in his high profile and time-consuming

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dissolution proceedings, which Defendants knew was false and intended to have the Plaintiff rely

on.

76. Defendants fraudulently induced Plaintiffs by, inter alia:

a. Failing to advise Plaintiff of his own personal conflict based on his shared representation with opposing counsel on numerous cases.

b. Failure to disclose the well-known-to-attorney conflict between the Former Wife's law firm and the presiding Judge on the case, the Honorable Martin H. Colin.

c. That he was a capable attorney and had capable associates and staff that could handle a case as high-profile and time-commanding as Plaintiffs case.

77. By reason of the foregoing, Plaintiffs have been damaged in a sum to be determined

in accordance with evidence adduced at trial, but believed to be not less than Two Million

Dollars ($2,000,000.00.)




Plaintiffs' rights .. . Plaintiffs spe.cifically reser.ves,his. right.to amend this complaint to plead


WHEREFORE, the Plaintiffs respectfully request that this Court take jurisdiction of

Count V and render judgment against the Defendants, jointly and severally, in his favor in an



just and equitable. Plaintiffs explicitly reserve the right to amend this complaint to plead


Nicholas T. Steffens & Associates, P.A. 557I N. University Drive, Suite I 0 I I Coral Springs, Florida 33076

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PRAYERS FOR RELIEF

WHEREFORE, PlaintiffKasman prays for judgment and relief as follows, where

applicable:

1. Awarding compensatory damages in favor of Plaintiffs against all Defendants for the

damages sustained as a result of the wrongful conduct alleged and as will be established through

discovery and/or at trial, together with interest thereon.

2. Awarding punitive damages to plaintiff against all of the defendants for the egregiously

wrongful conduct alleged herein after proper amendment of this Complaint.

3. Granting restitution to Plaintiff.

4. An award of attorney's fees, suit monies and costs.

5. And such other and further relief as this Court may deem just and proper.

JURY TRIAL DEMANDED

Plaintiff hereby demands a jury trial.

Dated: 4th day of February 2011

Respectfully submitted,

Nicholas T. Steffens Florida Bar No. 0010873 Sharma L. Feldman Florida Bar No. 0010387 Nicholas T. Steffens & Associates, P.A. 5571 N. University Drive, Suite 101 Coral Springs, Florida 33076 T: (954) 323-8956 F: (954) 301-6333


. (954) 323 -89561 F: (954) 301-63331 [email protected] of 15

EXHIBIT A

I

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

IN RE: THE MARRIAGE OF: .

EILEEN S. KASMAN

CASE NUMBER: 50 2007 DR 002635)<:XXXSBFY

Petitioner/Wife and

LEWIS KASMAN, .. ,

RespondenUHusband.

--------------------~' WIFE'S FIFTH MOTION FOR CIVIL CONTEMPT/ENFORCEMENT

Petitioner/Wife, EILEEN KASMAN, files Wife's Third Motion for Civil

Contempt/Enforcement and states:

1. On August 2, 2007, this Court ruled. in open Court that the Husband was

to pay the Wife $10,000 per month for undifferentiated alimony and child support.

2. The Husband was present in Court at the time of this Court's ruling.

3. The Husband has failed to comply with this Court's ruling, as follows:

a. The Husband is in arrears $32,500 in the payment of his support for the

period October, 2007 through January, 2008, as follows:

i. The Husband paid $3,500 toward his monthly support for October,

2007.

ii. On or about November 16, 2007, the Husband gave the Wife a

check written on his Bank of America account in the amount of

$16,500 which she presented to the Bank of America several times

and learned there were insufficient funds to cover said che-ck.

iii. In December, 2007, the Husband gave the Wife $5,000 in 1:::ash

1 ~~J[;~2~;'~i1'?

, toward his monthly support.

iv. Except for the foregoing, the Husband has failed to make any other

payments to the Wife toward his $10,000 monthly support as

ordered by this Court.

v. Accordingly, the Husband has paid to the Wife only $7,500 of the

$40,000 in support due for the period October, 2007 through

January, 2008, and there is presently due and owing to the Wife

from the Husband the amount of $32,500.

4. The Husband's failure to comply with this Court's ruling constitutes a

willful noncompliance with and contumacious disregard of the aforesaid Order.

5. At all times material hereto, the Husband had the ability to comply with

this Court's Order, and his failure to do so was contemptuous of this Court.

6. The Wife-should be entitled to prejudgment interest on the unpaid

support at the statutory rate.

7. The Wife has retained the firm of Weiss, Handler to bring this Motion and

has agreed to pay their reasonable fees and costs which the Husband should pay by

reason of his noncompliance with this Court's Order.

WHEREFORE, Petitioner/Wife respectfully requests that the Court issuet an

Order treating as a contempt of Court the failure of Respondent/Husband, LEWIS

KASMAN, to obey this Court's Order and/or providing the following relief:

a. Holding the Husband in civil contempt;

b. Enforcing or compelling compliance with the prior Order;

c. Requiring the Husband to pay costs and fees in connection with this

motion;

2

) )

d. If the Husband is found to be in civil contempt, ordering a compensatory

or coercive fine;

e. If the Husband is found to be in civil contempt, ordering his incarceration;

f. Issuing a writ of bodily attachment if the Husband fails to appear at the

hearing set on this motion; and

g. Granting such further relief as is just and proper.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was :sent by

U.S. Mail and facsimile on January 16, 2008 to: Barry G. Roderman, Esquire, 500 West

Cypress Creek Road, Suite 370, Fort Lauderdale; Florida 33309, telephone: (B54) 761-

8810, facsimile: (954) 761-9911.

WEISS, HANDLER, ANGELOS & CORNWELL, P.A. Attorneys for Wife 2255 Glades Road, Suite 218A Boca Raton, Florida 33431

(561)9~~~ ..

BY:CA~.~ Florida Bar Number: 449504

S:\Family Law-CAK\Kasman\Pleadings\Motions\M4Civi1Contempt-Enforcement(5th).wpd

3

(--

) )

VERIFICATION

I understand that I am swearing or affirming under oath to the truthfulness of

the claims made above and that the punishment for knowingly making •a false

statement includes fines and/or imprisonment ·

Dated: ____,1......._./;'---Tt ~_O_J?_' __ _ 7 7

STATE OF FLORIDA

COUNTY OF PALM BEACH

j Personally known Produced identification

[Print, pe, or stamp commissioned. name of notary or cleric]

Type of identification produced----------

3

.EXHIBITB

(

IN THE CIRCUIT COURT OF THE 151H

JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

IN RE: THE MARRIAGE OF: CASE NUMBER: 50 2007 DR 002635XXXXSBFY

EILEEN S. KASMAN

Petitioner/Wife and

LEWIS KASMAN,

RespondenUHusband.

----------------------' WIFE'S SIXTH MOTION FOR CIVIL CONTEMPT/ENFORCEMENT

Petitioner/Wife, EILEEN KASMAN, files Wife's Sixth Motion for Civil

ContempUEnforcement and states:

1. On May 14. 2007, the parties entered into a Partial Marital Settlement

Agreement (the "Agreement").

2. On May 22, 2007, this Court entered an Agreed Order Approving and

Ratifying Partial Marital Settlement Agreement (the ~Agreed Order").

3. The Husband has failed to comply with the Agreement and the Agreed

Order, as follows:

a. The Husband failed to comply with Paragraph 4 of Article V of the

Agreement, which states:

Children's Accounts: The Husband shall return to the financial accounts in the names of the Minor Children all amounts previously withdrawn therefrom, which shall be accomplished on or before Jufy 31, 2007. Until further Order of the Court or agreement of the parties, the Wife shall b~ the custodian and sole signatory of the children's accounts.

The Husband's failure to return the sums withdrawn from the chifdren's accounts

constitutes a willful noncompliance with and contumacious disregard of the Agreed

10152:; 0.)1

-r

Order.

b. The Husband has failed to comply with Article VI of the Agreement,

which states that the Husband will be responsible for the following debts:

All credit and charge card debt in the names of the parties and/or the Minor Children, as of the date of this Agreement, in the approximate amount of $90,000 including, without lim~ation, the two (2) Bank of America and the Omaha Visa credit cards in the Wife's name. The Husband shall timely pay not less than the minimum payments required for said accounts. In addition, on or before Jufy 31, 2007, the Husband shall pay in full the credit card accounts standing in the Wife's name.

The Husband's failure to pay in full the credit card accounts standing in the Wife's

name on or before July 31, 2007 constitutes a willful noncompliance with and

contumacious disregard of the Agreed Order.

c. The Husband has failed to comply with Article VIII of the

Agreement, which states in pertinent part:

The Husband represents that he currenUy maintains life insurance on his life in the total face amount of $25,000, which policy he has wilh AARP .... In addition, the Husband shall use his best efforts to secure his support obligations to the Wife and the children of the parties through additional life insurance (up to a total of $200,000), which shall designate the Wife as the owner and sole irrevocable beneficiary .... ..

Although it appears that the Husband has secured additional life insurance, he has

failed to use his best efforts to secure life insurance totaling $200,000 as called for

in the Agreement, which constitutes a wiltful noncompliance with and contumacious

disregard of the Agreed Order.

4. The Husband has failed to comply with Article XIX of the Agreement,.

which states in pertinent part: MThe Husband shall be temporarily enjoined and

restrained from dissipating, transferring, diverting, secreting or encumbering any marital

assets ... The Husband has transferred and/or secreted marital assets in willful

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noncompliance with and contumacious disregard of the Agreed Order including, without

limitation, the Wife's jewelry (her Piaget diamond watch, a diamond necklace with bows

and another diamond necklace) and the Husband's watches which he removed from

the joint safety deposit box.

5. At all times material hereto, the Husband had the ability to comply with

the Agreement and Agreed Order, and his failure to do so was contemptuous of this

Court.

6. The Wife has retained the finn of Weiss, Handler to bring this Motion and

has agreed to pay their reasonable fees and costs which the Husband should pay by

reason of his noncompliance ~ith the Agreed Order.

WHEREFORE, Petitioner/Wife respectfully requests that the Court issue an

Order treating as a contempt of Court the failure of RespondenVHusband, LEWIS

KASMAN, to obey the Agreed Order and/or providing the following relief:

a. Holding the Husband in civil contempt;

b. Enfofcing or·compelling Gompliance with the prior Or.der.;

c. Entering a judgment against the Husband;

d. Requiring the Husband to repay the sums withdrawn from the children's

accounts with prejudgment interest at the statutory rate;

e. Requiring the Husband to pay in full the credit card accounts standing in

the Wife's name on or before July 31, 2007;

f. Requiring the Husband to secure additional life insurance;

'g. Requiring the Husband to return the Wife's jewelry;

h. Requiring the Husband to pay costs and fees in connection with this

motion;

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1. If the Husband is found to be in civil contempt, ordering a compensatory

or coercive fine;

J. If the Husband is found to be in civil contempt, ordering his incarceration;

k. Issuing a writ of bodily attachment if the Husband fails to appear at the

hearing set on this motion; and

I. Granting such further relief as is just and proper.

CERT1F1CA TE OF SERVJCE

I HEREBY CERTIFY that a true and correct copy of the foregoing was ·sent by

U.S. Mail and facsimile on February 1, 2008 to: Barry G. Roderman, Esquire, 500 West

Cypress Creek Road, Suite 370, Fort Lauderd~le. Florida 33309, telephone: (954) 761-

8810. facsimile: (954) 761-9911.

WEISS, HANDLER, ANGELOS & CORNWELL, P .A Attorneys for Wife 2255 Glades Road, Suite 218A Boca Raton, Florida 33431

~~~1)E~~&i . , ... CAROLA. KART~ Florida Bar Number: 449504

S:\Family Law-CAK\Kasman\Pieadings\Motions\M4Civi1Contempt-Enforcement(6th).wpd

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VERIFICATION

I understand that I am swearing or affirming under oath to the truthfulness of the claims niade above and that the punishment for knowingly making a false statement includes fines. and/or imprisonment.

Dated:

~lie~ Signature of Party>

STATE OF FLORIDA

COUNTY OF PALM BEACH

~~o~""""-...:J..ar.i~~~~~,...., before me on February 1, 2008 by Eileen Kasman.

~~~~ ~0=~::::~~::;~~~ ($i. }f J. (j k,.M;t;~ \%W~l eoo.wscJon • oo 6e~ ,, NR··· _R)'_. Pl)BUG-or DE·~-~11' CLERK -...:f., or~~-~· llalclecflinujllbtilw!NotrtAw!. - ~ ·L l \ , _ I ..... u' ·ue. ;N.::.,, r:::._tN

1 [Pnnt, type, or stamp commissioned name of / notary or clerk.] ~ Personally known

Produced identification Type of identification produced -------:-----

S:\Family Law-CAK\Kasman\Pieadings\Motions\M4CiviJContempt-Enforcement(6th). wpd

5

EXHIBITC

®

LexisNexis® 1 of 1 DOCUMENT

RAYMOND BAEZ, Petitioner , v. HENRIETTE KOELEMIJ, Respondent.

No. 4D07-1992

COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT

960 So. 2d 918; 2007 Fla. App. LEXIS 12215; 32 Fla. L. Weekly D 1893

August 8, 2007, Decided

SUBSEQUENT HISTORY: Released for Publication August 24, 2007.

PRIORHISTORY: [** 1] Petition for writ of prohibition to the Circuit Court for

the Fifteenth Judicial Circuit, Palm Beach County; Martin H. Colin, Judge; L.T. Case No. 2006DR9989FD.

COUNSEL: Genie Holcombe Rothman of Genie H. Rothman, P.A., Delray Beach, for petitioner.

Jonathan S. Root, Boca Raton, for respondent.

JUDGES: Gunther, Taylor and Hazouri, JJ., concur.

OPINION

[*918] PER CURIAM.

Raymond Baez, the purported father in a paternity, time-sharing, and child support action, seeks relief barring Judge Martin H. Colin from continuing to preside over the case. Baez raises several grounds for prohibition relief. We find no merit in the arguments concerning the actions of Judge Colin during the hearings held on February 21 and 22, 2007, but grant the petition based on an apparent conflict of interest that would cause a reasonable (*919] litigant to have a well-grounded fear of not receiving a fair trial.

The test for determining the legal sufficiency of a

motion for disqualification is whether the factual allegations "would prompt a reasonably prudent person to fear that he could not get a fair and impartial trial." Hayslip v. Douglas, 400 So. 2d 553, 556 (Fla. 4th DCA 1981); see also Hayes v. State, 686 So. 2d 694, 695 (Fla. 4th DCA 1996), rev. [**2] dismissed, 691 So. 2d 1081 (Fla. 1997);· Fischer v. Knuck, 497 So. 2d 240 (Fla. 1986). The facts alleged in a motion to disqualify need only show a movant's well-grounded fear that the movant will not receive a fair trial. MacKenzie v. Super Kids Bargain Store, Inc., 565 So. 2d 1332, 1334 (Fla. 1990). In determining whether the allegations are sufficient, the facts must be taken as true and must be viewed from the movant's perspective. !d.

In the instant case, Baez believed something was amiss concerning a possible conflict of interest involving Judge Colin and opposing counsel, Jonathan Root, which he decided to _investigate. Baez learned that Root represented· Betsy · Sav·itt ·in another ·matter, and alleged there is an ongoing relationship between Ms. Savitt and Judge Colin, referring to Ms. Savitt as Judge Colin's "girlfriend." In fact, Baez learned that Judge Colin acted as a witness in an indirect criminal contempt case involving Ms. Savitt on her behalf while she was represented by Root. Finally, Baez alleged that Judge Colin was acting as a "ghost lawyer" by preparing pleadings and affidavits for Root during Root's representation of Ms. Savitt.

While Judge Colin may not have been required [**3] to disclose this relationship because Ms. Savitt is

4 Page 2 960 So. 2d 918, *919; 2007 Fla. App. LEXIS 12215, **3;

32 Fla. L. Weekly D 1893

not a spouse or relative of the third degree, see Code of Judicial Conduct Canon 3(E)(l)(d) and Florida Rule of Judicial Administration 2.330(d), it would seem disclosure of the relationship would have been prudent under the catch-all phrase of the commentary of the judicial canons, which states that a judge should disclose information that the judge "might consider relevant to the question of disqualification. " Further, the mere fact that neither the canon nor the rule require disqualification or disclosure where the opposing counsel represented a "girlfriend" of a judge, disqualification is still appropriate where a reasonable litigant would have a well-grounded fear of not receiving a fair trial.

This court has granted relief in a case where the firm appearing before Judge Andrews had represented Judge Andrews's wife in an unrelated case. See J & J Towing, Inc. v. Stokes, 789 So. 2d 1196 (Fla. 4th DCA 2001). We determined the motion to disqualify in that case was "legally sufficient in that it alleged that the judge's wife was represented by [opposing party's] counsel in a

separate and apparently pending matter involving her individually [**4] and as a member of the Broward County School Board." Id at 1198. We fmd the distinction between a wife and girlfriend (or husband and boyfriend), as it relates to the appearance of bias or prejudice by the judge, to be a distinction without a difference. Because "the facts underlying the well-grounded fear must be judged from the perspective of the moving party[,]" we must consider Baez's perspective. !d. As such, we find no reason to distinguish this case from J & J Towing as the same likelihood of bias would be apparent regardless of the legal definition of the relationship between Ms. Savitt and the judge.

Based on the foregoing, we grant the petition for writ of prohibition and direct the Chief Judge of the Fifteenth Judicial [*920] Circuit to have this case reassigned to a successor judge.

Gunther, Taylor and Hazouri, JJ., concur.

EXHIBITD

THE Cl.RC'O'IT COURT OF THE FIFTEEN'ffi JUDICIAL ClRCUlT IN AND FOR PALM :BEACH COUNTY~ FLORIDA ·

. ·-·---··-·-----¥·-···-·-----------·---·- ---·-f!'AN.Cf.CYD'l:'\"IISfON'''F'Y'r . ·---·--------

1N RE: THE MARRIAGE OF :ffi:t:&E-E1N-S.--lfASl\U:N·,=----··

Petitioner/Wife, vs.

LKWIS lUSMAN, RespOl'ldentfHusband.

----~-----------------·/

CASE NO. 2007 DR 2635 11Y

ORD.ER ON WfF'E,S Fll?TH AMENDED MOTION FOR CIVJL CONTEMPT l!'.NFORCEM:El\T AND W:Ol:E'S SIXTH MOTION FOR crvrr,

CONT.El\tfPT/ENFORC:.€M:ENT

TOIS CAUSE cam~:~ on before tbe Comt on Wife's Fifth An'lended Motion for Ci-vil

Conte:mptfEnforcoment !:Uld Wife's Sixth Motim1 for Civil Cot~tflm:pt/Enforcen:u~nt and the Court

laaving reviewed the file, having heard m·gum~.a.t of counsel, and being o1he1wiso f"Ul!y advised in

the premises1 finds as follows:

1. The Court has jurisdjctiou of the parties .and the subject matter.

2. Husband had notictl of the motions and hew.ing and due~ process requirr;~ments have be~m

met

3. The parties stipulated that the t~mporary l'elief order announced August f• 2007 required

Husband to pay to the Wife support of$10,000.00 per month, and the parties iiflther stipulated that

Husbm1d is in anears $42;500.00 for support due to Wife fwlll Ootober, 2007 tbrough February,

2008.

4: 'fh~ Agreed Order App:roving and RHtifying :Partial Marital Settlement Agreement, datr;~d

May 22, 2007 tequired Husband to comply with said Agreell1ent which provides in peJ.iir.Lent part

that Husband shall ret~ to ilie financial accoUllts ill the m1mes of'tbe l,!linoT cbjldreu all amounts

previously withdrawn therefrom, whlch was to . .ba.ve been ·accomplished on or bdore July 31, 200'7.

5. Wife's Exlllbit #2 (Summary of Children's Fi:rJ.ancial Accounts) outlines the atrJOUDta

withdraw::~ by Husband other than Menill Lynch A/C #5558 wbioh had $1 "1 4,342.00

02':/81 3917d 000000000000

,--------64'1Rf1·avrsbifts"tlrerliuitltm~to"'MWb'a'll'd'toitoverthatinds"Uot-in-wtlifulcoi1t~r-----

7. Th~ Court fulda that ~e i~ i"? .wi~~~ ?Ontempt.

c.

0Z:/51 39'i;id

·s: At ail times xnatt:rial hereto-, ~Iusb~d·had· the -abilitY to. campi)• V.rltlJ the A\.) gust 2, 2001

and May 22, 2007 Orders, and his failure to do so is conteraptuons of this Court aud a

coutumttcious disregin-d of this Ccutt' s Orders_

9. Regarding Hnsband's ability to purge, Siegel vs. Siegel provides the Court may look at

anything that Husba.t~d may haVE:! by way of income or assets with which to purge contempt. The

Court finds that Husbat~d c'Ul.Tently has tho abilhy to pay a purge of $40,000.00 (from the Chase

account he testified has $40,000.00) toward his support m·I·eru:s. Jn addition, regru·ding the

childnm 's accounts, lhe Co1.1rt finds Husband' s· e:xplanauou that ~he money derived therefrom :was

t>pt~nt is not credible ash~:~ has not explained Jlli; ex.peuditwe of $277,000.00 on bills.

It is therefore

ORDERED AND ADJUDGED as follCJws: .

A_ Husband, Lewis!Casn:um, js in contempt of this Cou:ct' s Order annoUl1aed August 2,

2007 for his failure to pay $42,500.00 to the Wifo as ·aet fortb ·htll'ein and his flillure to-rei"U111 to the

children's accounts all amounts withdrawn by him, as r~uiroo by the May 22, 2007 Agl.'eed Ordtlr.

B. Husband shall btl taken into custody immediately and confined in the Palm Beach

County Jail for an indefinite term, however he roay purge Wmsc:llf of the cont~m1pt, as fbll ows:

(l) Husband ahall pay $40,000.00 to Wjf~ toward the support anea1·age in cash,

money ordt~r or certified funds; and

(2) Hnsband shall reple~nish $277,000.00 to the children's accounts set :forth in

e:xhibit 2, or show documentary evidence, s~h 11s bills &od receipts, for the expenditl.lres of said

ItH'>tues ou actual billa of the parii~ or tbe:ir miDo1· children, which shall be preseuted to the Court

and cotlllSel for the Wife.

. C. Husband has the key to his jailhouse cell ~ his pocket,

D. The Court reserves ruling on Wife1a request fbr attorney's fees and coats.

000000000000

J?. In all other respr.cts, Wife's Sixth Motion for Civil Contempt!Eu.forcen1e~t is denied.

F. Tl:le Court shall retai:i·1 jtlrisdiction ov~r this matter a!!d enter ~uoh ftu:lher or~ers as rofl'y . '•

be necessary and appropriatt:) .

. .. ..... ·- ··-·· ...... .... ... ---- ··- .. -G .. If.:uot otherwised l'eles.sed, fue Husbrru.d.sball return to Court on W cdn~;~sday, Mlll:ch 5,

. 2008.

DONE AND ORDERED this £_day of February, 2008, j hambers at Delray Beach,

Palm Beach County, Florida ..

Copies furnished: Carol A. Kartagem~r, Esqtti.re Attomey for Wife 225 Glades RoP;d Suite 218A Boca Raton, Fl. 33431

B&1')' G. Rodeunan, Esquire Attorney for Husband 500 We~t Cyprt:.SS Creek ~oad Suite 370 Fort Lauderdale, Fl. 33309

02:/02: 39\;;'d

MAlt,i:J COWl ClRCUIT COURT JUDGE

·.

000000000000 EE:91 0102:/90/90

EXHIBITE

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IN THE CIRCUIT COURT

OF IHE FIFTEENTH JUDICIAL C IRCUl i

IN Al\10 FOR P,6..LiV1 BEACH COUNTY. FLORIDA

CASE NO. 50 2007 DR 002635 XXXX SBFY

!N RE: T!--!E 1\/!ARRIAGE OF

EILEEN S. KASMAN.

Petitioner/Wife.

and

LE\NlS !<ASMAN,

CONDENSED

9 Respondent/Husband.

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__________________ /

TRANSCRIPT OF THE PROCEEDINGS HELD BEFORE

THE HONORA BLE MART!N H. COLIN.

Wednesday, February 27, 2008

9:41a.m . - 11:10 a .m .

12:02 p .m . - 1 :30 p.m.

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O.PPEI\RihiG ON 8EHAL~ OF '7 HE PCiiTIONER

CAROL "- IU'ATAGchiER. ESQUIRE

Pogc:

WEISS. HANDL ER. AhJGELOS!:: CORNWELL. P .. O. .

2 255 G lade~ Road. Svole 21 8A

Boca Ra1Gn. flvroda :!3<>3 1

APPEARING ON BErlAL F 0~ THE r.ESPONDErJT

BARRY G . ~ODE~MAN. ESQUIRE

BARRY G . RODERMAN & ASSOCIATES. ~A

500 Wes1 Cypress Creek Road. Suo1 e 370

Fon Lauderdnle. F loroda 33309

1 N DE X

RE· RE· W ITNESS DIRECT CROSS REDIRECT

DAWN HURLEY

BY MS. ~..AR'T .<>.GENE A . .... 31

EILEEN KASMAN BY MS. r.ARTAGci JER ... .. 38 BY tv'IR. RODERMAN>.. .. .. .. ob 3Y tv'IS. KARTAGENER.. ... .. ... SO

lv'IICH AEL KRIOEL. C.P.A .

BY MS. K.ARTAGENEA ...... 84 BY tv'IR. ROOERMAN ............. ... eg 8Y tv'IS. K.ART AGENER .... ...... ...... .. .. .... . £>4

CAROL A . IU'RTAGENER. ESQUIRE BY MS. KARTAGENER .. .. .. g6

LEWIS K.ASMAN

BY THE COURT ...... .. .. 118 BY THE COURT !con11 .. 120 BY THE COURT Icon~) .. 121 BY MS. KARTAGENER ..... 14 1

BY J.JIR. RODEAMAN.... .. ... .. . 152 By MS. KARTAGENER .... ...... ..

JOSEPH TRINGALI. C.P.A.

BY THE COURT ... .. .. .. . 1 1g

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Court's Rul ing .............. ............ Page 161

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P;!tnione(s ?et1 tioner·s Petit1oner·s Pet i tioner's Petitioner's Petitioner's Petitioner's Peti tioner's Peti ticner·s Pet i tioner's Petitioner 's Petitioner's

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BE IT REMEMBERED that the following proce~dings

vver~ tak.en in t he a bove·•itled cause before the

Honorable- Manin H . Colin. at the- ?aim Beach Counry

Courtt'1ous~. Counroom J . City of Oelrav Bezch. State of

Florida. on Wednesday, February '2.7. 2008. 10 vvat :

PROCEED I NGS

THE COURT: Good morning, •veryl:>ody. I'm

...JuCge Colin. This as the i<asman ca~e.

2007 OR 002635.

Counsel. pleas e make your appearances .

MS. KARTAGENER: Car ol Y.anagener. of W eiss.

Handler. represe-ntang lhf! vvtte. Eileen Kasmen.

And vo.1itn me her e today is our forensic

accountant. Mike K.ndel .

MR. ROCEAMAN: Good morning, Your Honor . Mev

it please the coun. Barry Aoderman.

representing the tesoondent.lhusband ;

Lewis Kasman. And to his right is my foren!ic

accountant . ..Joseph T r ingaii.

THE COURT: Okay. What do vve have for 1oday'l

MS. KART AGENER: We have se•,eral rncnions.

Your Honor. I hav~ an e)t"Ua packet for you.

THE COURT: I 1hink : have 1hem. That'S why I

say. So .. if you eniculate- the1 they're 'thE

items that are set tortn in ~he notice of

? (Pages 2 to 5)

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Poet., I lviS. KART AGENER: For 10day, conec1 i :

I ~

THE COURT

con1emo1 eniorcement. ·~.~· .. ,.fe·s sonh mo1•on •:.:.•

c•v•l con1emp1 e nforcement. vvd e's se-ven1h mo••on ~

for civ tl con1ernpt eniorcemen1. a nd vv•fe·s m('ltton 6

tor :ees. costs. and s u•t money.

MS. KARTAGENER: Yes. You• Honot . And I e l so d

have an eX1ra se1 o f the second. 1h~rd. and 9

iovnh civil con1empt motions end the lhitd tO

molten to compel. vvh•ch vvere tnc.otpora1eo b y ·. i

referen ce in the motion for lees . That"'s just 3 l ;:

counesy copy. l 3

THE COURT : A ll rig ht . Opening. ii vou vvant

one.

MS. KA~TAGENEq: Okay. May I jus1 h eve a

moment .. p l ease?

IHE COURT: Sure .

MR. ROOERMAN: Respondent also vvo;ms an

opening. Your Honor .

THE COUF;T: Sure. I'll give both sodes. You

have an hour and .3 h a tt .

You vvant -- Ms. Kll!n&gener. I don'l heve a copy

of the fitth mc~ion . If '/Ou'lt give me ano1her

copy of ~hat. thel did not come.

MS . .:ART AGENER: Okay.

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THE COURT: Whet 1\te been handed, :o •neke ::::"

~ure. Mr. Roder men. you heve this. •s a linle 3

ditfetenl 1han styiEC:: In 1he no1ice of hearing . d

Its celled e fifth amended motior. for c1vil 5

con1empt eniorcemt::"l~ . 6

MS. KARTAGENE:R: Your Honor. it vvas tenotfc ed 7 .

~nd a copy of it vvas sent'!~ the coun. as vvell . 8

THE COURT: Okay. Is <hat the only ch~nge lrom 9

the original notice of hearing7 10

MS. ".ARTAGENER: The only change - - there vves 11

a -- tt'le only chenge in the motion. basically. is ~ 2

vve added o n the February s uppon ';hat ""as '" l 3

arre-ars. Every1hing els~ remained the same. ":4

THE COURT: Oi<ay. So. I'm he,ing a fihh 15

amende d motion ior civil contempt. a siXlh motion 1 6

fo r 6vil contemo1. a seventh motion for civil l 7

contempt. and a motion for fees and costs. l S

MS. KARTAGENER: That's cor rect. And if I 1g

could just !:lriefly state what lhese are all 20

about. 21

THE COU RT: Sure.

MS. KARTAGENER: This is a long-term marriage.

Th!re ~re three childrer.. One is in colleg~ and

the tvvo others a re minors. The vviie vvzs

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Pl2< " I vnemo•oved •)v' •"9 the tn o , tage . Mr Ka!>"''H~ vvo ..

e.-nolo·:eo ou .. ng '"~ '""" '"9• r<e ' '- u~e.-nolo~ed -~

Judge Bun on at :hE- hea11ng on 4ugu~t 2 nG. 2007 .

11 vvas SlC.OOO a rnc,n th . It vv&s r\ont~ >eablr: to ;.he

vvite, nonoeduc":ible 10 t he husband.

?a\'ments vvere made •n August. pani&l payrn~nt.

occot d ing to . .Judg~ Bunon·s r u ltn g that ~ full

payment ".Nas made in September. and in Oc;:ober

only 3.!:00 of ;he 10.000 vvas paid.

In N ove-mber. Mr . Kosman geve his ........ if e e check

it om Sank oi Arner•C2 for S1 6 ,500. She·ll tesufv

that she ::>re~e~tec:J 11 10 h•s bank ihree or iour

Hmes . Each l ime. t here vvere :nsvffic tent funds

>n the account. Sank of Amt:r~ca is here today.

the records custodian. ;o ones1 to the accoun ts

1hat Mr . ~as m an h&s or has contr o r over ond the

moni~s that ar~ in those accounts and vve•e in

those occounts from Oc:ober 15th to th e present .

There was cne mo1e payme~t be1orC' this hearing.

vvhich was $4.000 in cash. in December. towards

the suppon. So. a tolal irom Oc'iober to the

present of S7 .500 out oi-

THE COURT: 50,000.

MS. KARTAGci>IER. E..."1ctly. <12.500 ternait;>s in

orrears. plus 1111estitv I did on int erest

c&lculation. 1 1 percent :;Je t judgm~nt 1n1erest. t

u=..n 'ihat on a software ;:>ackoge-. and theT"s en

addilional S 1 .000.

So. ohet"s preny much the flhh amenaed mo11or\

ior contempt.

THE ·::OURT : Okay. Stop for one second. l et me

JUSt ask Mr. Roderman .

ls the math agreed upon. that is. that ;:here is

an arrearage 1hrough --

Is: \hat lhrough February?

MS. 1'-.AAT AGENER : Yes.

THE COURT: -of 542.500. pursuant to

Judge Bunon·s court f\Jiing?

MR. 'ROOEAMAN: The answer is yes. Your Honor.

I think that the date vvas October 20C7 through

l'ebruary :::!00~.

MS. KARTAGENEA: Correct.

MR. RODER MAN: I'll rel y on C"'rors

calcul21ions.

'THE COUP.T : Ckev . .=.na is \he interest

calculat ion oc:::ura1e?

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MR. HOOERMAN. 11 pert;ent •! s1a1utory

., ... ,crest. \'eS. 'four Honor .

7HE COL'F;T · Okay.

MS I(.ART AGENER· In conn~ct•on vv•th thGt

maner. ·Ne have been belc.·re Judge 9unon on

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!'lurnerous discovery maners ana . • n addit1on. a

ternporcry relief hearing in August. We've been

before him at least five limes on discovery

rnaners due to Mr. Kasman·s ~edure to provide

rnand210ry disclosure. the respor'"lse to request to

produce. ana a nsvvErS 10 inte,ogatones '" o

completed format.

At the tas1 heat~ng. the judge did het~t on~ of

the prior motions for civil contempt thcu dealt

vv11h the pnor arreerage. and he tnsuucted

Mr . Kosma n to pay the 316.500 on a di!!ite> c~nain.

THE COURI: 'Nhat merion are '/OU atgu•ng novv?

MS. K.ART AGENER: The fin h.

THE COURT: Still on the fifth. ok"Y· So.

~here vvas a lready a heanng on this maner?

MS. KART AGENE~: t here was a he511ng on a -on

the 16.500 thel vvzs due beiore M r. Ki!:smen

presenteod the NSF= check. And h e ""'as - and

Judgeo 8uf1on ruled that •·

THE COURT: Oo you have a copy of the order

result,ng from that Ml!"ering?

MS.. K..AAT AGENER: Nc. \...,e did not have orders on

a number of -::hese mar~trS. I do have t ranscripts

oi tht rulings. We hed gone to mediet1on a !evv

weeks ago end. because of the h istory of this

esse and specifically Mt. K.asman·s concerns over

possible investigcnion or indictment in New 'fork.

vve had acQuiesced to his reQuest at the time not

:o pepper ~he file vvith more than vvhzt neeoed to

be in at the time. We ·.Nere hopeful and.

unfonunately. the case did no'! ~enle a~

rr.ediation. although atter TWO prior mediatron s vve

vvett" able to e nter into a panial marital

senl~ment agteement.

THE COURT: Okay. Sut I'm still -- okay. I

mean, the fifth amended motion said that 42.500

is owed pursul!lnt to the tt!mpor&ry relief hearing .

That number is not disputed?

MS. KART AGENER: Yes.

THE COURT: Is there another order of ~he co-urt

that bears upon that ma'tler?

MS. K.ART AGENER: Not ;; wrinen order, no.

THE CCURT: Okay. All right. So. go ahead.

We11 make opening o l inle. shoner . Get right ·

to the point because I know hovv to conduct these

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PJ~< !? I M!:. K.ARTAGENER 7he S•X1h mo"on 0eals "'"'h i

to res\ore the childrP.n·s accounts t~at he t'oad

ra1ded in at l e~s-1 ihr e e d iHerent financial

institutions. ond that ""'as not done . lhe

agre-ement provicled by I believe n vvas July of

2007 'ihc:n he vvas to restore those. and I vvfll

prov1de i.hat documento11or. fot ·,..ou .

In addition. he vvas to h3ve brought current thP

vvife·s f\NO credit r:ards a t Omaha and 8af"'lk Df

America by Juiy :?007 . He fai led 10 do so. In

addition. he vvas precluded by temporary

in junction in the agreement from 5ecreting or

Hansferr ing otopeny. and he has vvtthheld and

secreted jewelry o f the vvi l e's.

And t hen vve move on iO the seventh motion

for--

THE COUAI: First of all. can I see a copv o t

the Mav 22. ~007 order contain•ng the agreement

that is che basis ior the sixth motion?

MS. KART AGENER: Okay.

THE COURT: Let me as~. first of all to

Pog< l~

f>.llt. Roderman. same oueSt1ons. Is it disput!:d

from thi!- husband's point o f view tht!lt pert o f the

vvite's allegations in "the siX'lh motion vuould

indicate- 1hat the,e :s noncomptiance vvith 1he

agreed order cf May 22 Zt.S set fonh in the

motion?

MR. AODERMAN: Yes. di!Outl!d. testified to

previousiy, and, I believe. ruled on. ~n

August 2nd. V'Vhen Judge Bunon heard the same

•ssues.

THE COL'RT: A ll right. I'll let you present

that to me. Thanks.

All right. seventh motion.

MS. KAATAGENER: The seventh motion deals with

the husband's failu re lO provide: discover-y.

Manc:Ja1 ory ci isclosure was incampltne. The

response to the reQuest to produceo vvas

incomplet e. The ansvvers to inter rogetor i es vvere

incomplele. And I received yesterday a

supp lement on the answers to interr9gatot'il!s thot

are still incomplele. And 111 go inlo ~ha1 in

my testimony.

~e. have -Judge Bunon had speci.fically :~sked

us 10 go 1.v me.diation to try to resor•,e ihe

various discovery matters. have 1he accountants

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tal k. 9oth accountants are her'? toaav '..!Ve

hove-n't teceived any papervvooc: en all •n response

;o 1h~t . except for the ~UDCiernent vesu=roav.

s•nce prooably A\..:QUS1 .

THE COURT: Has there beer> coun orde•s tc dat e

de aling with this subject?

MS. )::.fl.ATAGENER : Yes. ~here ha,·e bee"' coun

orders and .coun rullng:s.

THE COURT: All right. VVe ll. ot·s orders ;hat

I need. :so let me havt: the orc:it:-rs that .:u £= 'n

advance of 1his motion .

MS. KART AGENER: This is one of the order~ .

vvh ich is April 1Oth o1 2007.

THE COURT: D id you a lso say something about

l"ov~mber 14th. 2007 there was ano1her order ?

MS. KARTAGENER: I don't have a transcript on

that and there vves no VYritt e n order on that

THE COURT: Well. why -- 1 mean. irs a lleged

that the coun ruled. Courts rule in writing .

If 1here's an orai ruling. Jl's lolloVYed up in

vvriting. Why vvas no order submined 10

Judge 8vnon so there could be .; oublic record ot

1he ruling?

MS. KARTAGENER : I had e"ptained that before.

W i th Mr. i<asman --Mr. Kasman hod--

THE COURT: J heerd your explonation. bu1 hO\oiV

do I know 1hen wha1 the- ruling of lhe coun •s1

MS. KARTAGENEA: I heve e><cerpls of the ruh.·.gs

from -

THE COURT: Yeah. but that's r>ot ;he vvay that I

do things. You need court orders. When yov seet.

~nforcement. you seek eniorcement of orders.

unless lhey're so new thal people can'l yet ge-1

them reduced to vvriting.

All right. I'll take a loo~ at it.

Okay . . And then motion lor fees. go ahead .

MS. :<ARTAGENER: The last motion. yes. ot"s the

~ees as a result of the discovery. And t he

judgr - Judge Burton hed ruled on the fees and

found thet ther~ was entitlement. And. in

addition. there's a coun order that specrfically

said because Mr. Kasmen d id not provide

discovery. that he was going to pay for me 10 go

;;o third penies and r:Jbtain-

THE COURT: Okay. Whatever orders you want me

10 look at. I need to see the orders.

MS. KART AGENER: I believe there's another

ordu. and it's in one of the m otions. And I'll

toke a feYJ minutes while Mr. Aoderman 15. making

his opening.

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iHE C.::>uRT · S ure Ok.av Gre~ • . lf"'';;. nl< >

;)kay, Mr . riOCJeHnan.

!1-AR ROOE:RM.AN : Your Honor. may., :;>fetlse 1he

~ear vvt1h me fot on eXlra minute Thts •S .o

•:omol e:'t case v,,.,h a corTlple>c background. so ro

like to btoaC'en the coun's perc£ptlon z ltnle

The Kcsmans \Nete very vvell off until about

September 1002. ""'hen the•1 liQurdzted th~ir hom~

1ri hJevv York., :arne- to Florida vvi1t"' appro')tima1el ·1

1 .2 million dollar~. They purchased a house ;n

The Oaks for a million five . vvi1h a S90G.C~O

mongage.

M r . Kasmbn. during his. years preceding

September of 7003. vvas alleged by -~ vvell. •t vvas

e~lleged by law ~r.forcement of ~e.ng assoc•o1ed

·JV•th organi2~ crimP.. He had run a testavrant up

lh~te. lt"s a very common th•ng •n Florida.

Tho~?rE may or may not h~ve been 2ny bas•S

8u1 in either e·.~ent. the •mpor.ant ·rn•ng t hafs

relevant tc Your HQnor this morning •s h~ came 10

Florida vvith approximalely a rinle under tvvo

million dollors. They purchased lhe house •n

The Oal<.s. He did n01 vvork since 2003. Excuse

rne. they rented a house for a Vvhi le-. Then they

purchased the house in The Oaks.

W ithin a .shon period of ~•me, believe it or

:"'ot. I gues s rt meets 1he Boca penern or South

Florida panern. he basically ran ou1 of money.

~is mor~gage \IV8S six monthS in orr ears. He had

hired-· his vv;fe iiled for divorce. He had

hired a prior anornev. Mr. Mane~. Mr. ManoH

Quit !or various othe r reasons and Mr. K0=1:::.man vvas

looking for counsel.

He came 10 me and told me his s1ory. I agreed

to represen1 him. He had no money 'for a

reteiner . As a matter of 1aC1 , f me1 him in·

Miznet Country Club. \Nhere I'm a memb-=r. ~nd he

stan ed crying, and I agreed to tepresenl him .

He assured me that his house was b.eing sold and

that he would pay me a flat $25.000 lrorn the

proceeds at closing.

The testimony and evidence will beor out every

re~o resentBliO, I'm making in opening sts'tement.

Your Honor.

H~ did. in fact. clos~ on thl! house and at that

time v-.~e h&d- I'm no =::1ranger to Carol. l"ve

v-.~orked w ith Carol and agatns1 Caror for "':he pest.

I don't know, 20. 25 years . I"Ve done a IO't' oi

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Cbrors abilities. et ce1era. 2

1 c.Ot,13Cted Carol •mmed•ate.ly 2

THf. COUR1 . When ""as tht Clos•ng?

MR ROOERMAN : The coosong vvas l.t.av 14 . 7007 5

had a mediation tmmeoiately. iikt ~ vveek i!het I ~

got hi red: At t'he rtSic 01' be1~9 somevvhat 3

face11ou s. Yovr Honor. I tnought to myself this 9

vvas an easv 25.000 I V\laS ea rntng. I got a check, 10

I .. vas here and got a check at ~he clostng. l 1

I l..:~vv I had e good rappon with C arol. I knevv 12

vvh 61 the c u cumS1an ces and fac:s 'oiVere based on 13

wha. Lew•s had conftdea in me- as his anornev 14

And we had a meoiatioo ihe mediat•on 1 believe lS

vvas May-- I have o mc:dibtion agreemen1 -- Moy of 16

:oc~. 17

Mediation resulted in a paniel senlement 1 B

egtErrnent. The senlement agreement. in 19

•etro~peet. was a m1stake. but here's vvhat 20

h appened. Levvis sa id, Barrv. I vvill take 21

S 1 36.000. out of which I'm going to give you ~2

~5.000. leav;ng him 1 13.000 and change. And I em 23

goin9 to give my ~Nife $400.000, vvhich. in ei1ect. 24

vvas pani&l cQuiteble disuibution . 25

Pogc 19

His claim at t hat time was he had n o other

asset~ . He was unemployed and because of a

ieton'.t background ""'here he ""'as convic'!.ed

federal1y of obstruc,ion o f j ustice a r:'d had

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served six months. he has a difficult time 5

gening employed. I have ""ith me evidence which 6

vvill beer that out. where h~··s"mad'e jot> 7

applications. 8

And, oi c ourse. he's been tested by 9

Mr. C.a-testino. And I 1hink ultima1ely during 10

trial the record's going to sho""' or tes1imon v -- 1 1

Mr. Celesti no. t h e voc-ational rehab pe(son. is 1 ~

going to testify that he should be employable at 13

around I think 70,000. I still have n ot seen the 14

re pon, even though it was set 1or uial. 15

In either event. what hes happened so far. 16

Your Honor, is I immediately retained mv forensic 17

accountant, Joe Tringali. Joe wamed a 510,000 18

retainer. Mr. Kasm;;n gave him 1.000. To date, .19

he has not paid Joe. Joe quit after several 20

momhs of work. 21

Howev:::r, during the several months that Joe 22

worked. and he's here to testi,.,., h~ look all of 23

thE docu ments. every single thing that M r . Kosman 24

had. Because when Kasm a n left t h e matitol 25

Po~c ~·) 1

'eS•Oence at 'he 1om~ 0 1 ctos•ng. hos w oie ·~" ' '"- I I

ag1ced to by t h~ buver .

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\Ju11ng :hat pe-r.od o1 time ;.he •tvdt> hes l ~xpended over $2CO.OOO of that $<200.000 vvoth the

Wei~s & Han dler firm. She has t')(pendt::d . t he IZ:S t

time I heard. 67.000 V\lllh the" forensic

accountant. Thev have re-bune:d evE:ry con'ient•on

trom depression. dces not \NOde. cannot i•nd 2

job. has no •ncome. has no as!.ets. and they

::onsistet'ltly co,.nend tho1 he·s got this monev

hidden samevvhere .

THE COUR1'~ Okay, but vying '0 cui to the

chase here. these are pre~iled heanng contempt

motions. 'You knovv , they"fe n &rrovv II'"\ seep~ ;o

the eX'tent ohat contefT'IJ:': motions say there·s a

coun order. Th~ cour: order says something.

The commend is cen~in. There·s e•ther

compliance or not. Sur dens shih ,f ~her~'! no!.

Then som~one determines - · presents e vidence or

not as oo whether :'icncompliance is V\lillful. and

then determine sanct ions or purge.

Pa~e 21

! mean, so. I'm not - r,,, r.ot going oo

reinve:'1 the wh~et on things. 'These all rer,u~re

me to stan wilh coun ord~rs. vvhfcn I don·t go

behind. So, whet vva.s doesn'i: mener. Cnlv vvhe t

the coun order says ~nd wh~ther 111~y"re being

complied With, y es o r n e. A-n o tt"u!n vvill'fulne!:S

is determined and all of the other steps under

the contemp1 process.

MR. AOOERMAN: Your Honer ..

THE COURT: Wha1 t vvould like to knovv from you

is. 1 me~n. on the t"ifth amended mo1 ion. you

indicated thot there is an arre ars. 7ha1 dcesrn

have to be proven. correco?

MR. RODERMAN: The amount, no.

THE CCL!RT: All right. So, n!!xt the b urden -

onc e there's an identified arreers. by tavv \h~

burden shihs to your s ide because there's a

presumption :hat he had the ability ~o c C?mply

with a lewiul order. And then 111 hear ~ vidence

on \...,hat h is ability 10 cornply is or no1. And

that's -:he fifth amended mo1ion. lr's a con1emp1

order.

MR. RODERMAN: If I can just m"ke one more

comment. a:1d then obviously rm gcing 10 hE-ed by

the c ourT's direction.

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THE COURT: Su•e

MR. RCOERMAN: lhe reeson rm go•ng •nto rh•s

en~ 1 1 ecogn•ze ~hat ·..-o\..:·re 1~k•ng the 1. rs.1

issue- en the wife's ~ihh mot•on. atl documents

have been g•ven 10 111em.

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THE COURT: VI/ell. then. 1hat"s vvhat 1 say. On 7

1he sixth motion i1 says ih6t he hasn"l done 8

things that the c.greement says. And I asked '/OU 9

"""hethe r that vvas so or not and you said n o . So. tO

i'11 heer - - you know. step one. tS th~te 11

compliance vvilh a coun order. ·,.es or no? If no. 1 2

tha1's 1he end of it . I mean. yes. there·s 13

compliance. that's 1he end oi it. If no. then 1 14

have 10 determine vvhet her irs vvillful. And then ~ 5

contempt remedies flovv !rom 1here. 16

Then the seventh rr.ot ion has to ~o w tt h 17

discovery. And I h~ve 10 see the h1story -· you l 8

have to presen1 to me wha11 h e history of lhE '! 9

discovery is besed upon pdor coun orders. ~0

Because generally vvhen vve get 10 conlempt on 21

d iscovery. there's prior oroers. because the ~ 2

first step is make your reQuest. The second step 23

is do an ex- pane motion to compel. Then there 24

may be or not sanClion orders. and then 25

ul'timately ccnlempt. Bu1 that's a methodical--

it"s I\Ot a -- there's no - it's StrtClly in the ~

details. A n d I look at 1he details of the 3

progression of the allesed noncompliance or not . .:1

And 1hen on fees, you kno\N, there's lavv 1h~1 5

governs h ovv you-- the iees. Ms. Kanag~ner, deal 6

vvi1h fees for ~fleged t"''oncomplience and ;he ceu'se

of hav•ng these motions ·Wed; is 1hot correct? 8

MS. KARTAGENER: Yes. 9

THE COURT: All right. And there·s rules of 10

lavv that govern tl"lat . 1 1

MR. AOOERMAN: I understand that . 12

T HE COURT: So, that's the body o~ lavv vve're 1:;

operating under. If there's another body of law. 14

I 1>Sk counsel ~o tell me that, that's to govern 1 5

these proceedings. So. is there ;;not her body of 16

law other ihan what I ju st mentionecJ? 17

MR. RODERMAN: Your Honor, t don' want to be a 1 6

vvi•• guy vvho's going to - 1 s THE COURT: No. no. 20

MR. AOOERM.AN: What I was going to say is to do 2'

"quity. you have to get - I mean to get equoty 22

you have to do eQuity. But le1 me ansV~o~er the 23

coun concisely . 24

THE CCUAT: Sure. 25

IJIR. P.OOEqMJ""I T he ;,hh mo~<on. I St•Pu lated

to ihe hgures. aflearages. Husband does not

have the .:Jb•llty .:;no has not had tne abil ity

THE COUR"f : Okay.

MR . ROOEF\MJlN · 'N,te·5 se·.~enth motion··

THE COURi : \Ne·re on s•xth novv. Let's take 11

'" order. StXlh.

MR. ROOERMAN· Six th vvas testified to. and I

have the uanscript. before .Judge Bunon. He can

tesuty to H agl!un. He has ... •nv response --

THE COURT. Hold on. T h is is prerlY simple.

There·s a May order. The V~~iie in the sixth

motion a Ueges noncompliance. You're "telling me

on behalf of the husband that issue has already

been litigated with Judge Bunon.

MR. ROOERMAN: It's been li;igated. And my

notes from --

THE COURT: And did he rule on it? Litigating

vvithout rul ing is kind of taking a half a step.

MR. ROOERM.O.N: Judge. there is no~ a coun

order. and even the c:>un order that Cc:: :-or

presented woes done .n April and we had our

mediation in May. So. I don't know. I'm going

to let her \Ntestle with the coun orders .

THE COURT: Well. you know, rm going to need

to know-- you knov-~, I'm trying i: V urge you to.

both sides. focus on that vvh:ch I think I need to

make a proper rul ing. If tt-.a :e's been a prior

hearing on this maner and a ruling on 11. I neea

to i<now vvhat the ruling is. If there's been a

prior hearing ond no ruling. the testimony at I that hearing. perHaps. can be used in some way. ·

But maybe I have to make a ruling on it .

But. you know. rulings on contempt. the law is

really well c lear on what you have to do. So.

you kno\N. they say children's acr:oun1:s are a

subject in that the husband has fai led to compl y

vvith that order. Is that accurate or not?

MR. AOOERMAN: No. it 's not accurate.

THE COURT: Okay. Stop. T hey have to prove

that. They hav e to prove. preliminari ly.

noncompliance.

And then there's some credit card ite rns -

MR. RODERMAt4: Not accurate.

THE COURT: Okay.

MR. ROOERMAN: Insurance is not accu rate;

secretion oi the jewel ry is not accurate.

THE COURT: All right. So. lhars a factual

d ispute.

MR. ROOEAMAN: Yes.

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THE COURT You don'l n"ed a 101 of ~•SIO'Y on

1ha1. 11·s not a historical issue Th~t"s a

:Odlt\' ":esumony under Oath . av the ~o~vay , •tOt./te

gotng to get a ruling . You·re gotng to get

o r der s. you knovv. out of that

And on the seventh mouon. it deals VVltr'l

discovery violations.

MR. ROOERMAN: Tht! seven1h mmion de&ls

st rictty w1th discovery documents. and t have-

my forensic ~ccountent cam~ back at my reques.t

this morning to testify. Any documents we had

vvere given 10 them --

THE COURT: O~ay, hold on. I'll hear

compliance/noncompliancE:. I \Nant to see prior

~rders because if I c1on"t see prior orders. then

I can'l assume one exists. Okay. I got it.

.And his position on rees is he shculdn'l have

10 pay. r igh17

MR. ROOERMAN: He doesn'l have the obility 10

pay, ':'our Honor.

THE COURT: Okay. I got i t. Fine. lh<~nks.

I don'l vv&nt you folks to run out of time.

All right. first witness.

MS. I(ARTAGENER : Your Honor. this May 22nd

order. &lso on discovery. ta lks about him footing

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his deposition. And I heve the transcripts of -:

1he rulings on July 23rd and August 2nd. 3

THE COURT: Thai deal with vvhat maners? 4

MS. KAATAGENER: The July 23rd deals wilh ~

discovery maners. I believe. And the 5

August 2nd. this is the temporary rel ief t'\Jifng 7

vvhe1e .Judge Bunon ordered tne S tO.OOO. 8

THE COURT: What do I need from the transcript g

1f I hove the order? 10

MS. KARTAG<:NER: You dor}"t havl! orders on 11

these. You have prior orders on OiscOverv 12

maners. As I said b!'iore . ..,ye vvet"e before 1 3

Judge Bunon at Jeest six times on different ... t 4

on the noncompliance w ith discovery. It V\o'as 15

brought up at every hearing that we hod. 16

MR. RCOERMAN: Your Honor. WI! don't have orders 17

supporting these motions. 18

THE COURT: How do I under Keitel (phonetic) 1 9

and other c eses, okey, \J"'Iet come! O\Jt of i:he 20

Fourth OistriCl. rule on contempt-<elated 21

maners. vvithovt an ordt!r that is ~ubject 10 22

contempt review? You can say tt\at there's en 23

oraJ o rder. 24

MS. KARTAGENER: Yes. t h er e vvas. 25

lHf: COUAT : Okay Cratord~ r s c. r

Le t me see the o ral oroer.s oi th~ co

MS !(ART AGENER: Tho: uo al c : <

.see Page 7. Line 1 5 I've g•ven tv

COOICS Oi bOth oC ~hcse eMCPfPlS

Page 7 .

THE CCLJ~T : ~~~ rigt'lt. Go ahead.

lviS. !\ART AGENEM: l..lhrch 23r d . T his was. ag,in.

o discovery maner . ..:udge Bunon·s CO!ttion

basically ""'as he vv~nted us to taUc.. He vvanted

our accountents 10 talk. He wanted us ;o go to

medtatfon fot the third t ime 10 try to vvork ou1

the discovery maners . He hadn't ru led on

THE COURT: Well. lhen. how can I- vvna1ever

':hat discussion ""as is not a basis for con1empt

beCDl..'Se there's no ruling '=ln 1hat. correct?

MS. I<ART AGENER: But previously --

THE COURT: Well. •I 1here·s something tl,at he

ordered •.

MS. KART AGENER: - - ''" had ordered.

THE COURT : Okay. If I see something ,na1

loolts like. reeds ord~r . Okay.

O k av. your iirst ·Nitn-::ss.

MS. !<ARTAGENER : My fi rst witness

10 coli Bank of Ameri ca ·-

Po!_t<19l.

IS I'd like

THE COURT: Oka·~.

MS. KARTAGENER: --records custodian.

MR. AOOE~MAN: c~rol. you ha•Je records

custodians. I have no objection to records.

MS. KARTAGENER: Well. 1 clon"t think it's as

s•mple as r ecords. She hes to deterr"T"une whether

or not t:here w a s sutticient :unds in the account

to pay a checK that vvas given.

MA. ROOEAMAN: I'll stipulale ~o that.

THE COURT: Why don, you announce irom your

~ide. Ms. Kartagener, what the stipulation is

thot you would vvant to receive from your side and

set! it the o t her s ide says it.

Hold it with the witness. Right back ~here.

Inside. inside.

MS. KART.<>.GcNER: !'rankly. I need some

:nformation trom B2nk of America as to .....

7HE COURT: So. you don'l want a stipulation(

MS. KARTAGENER: No.

THE COURT: On ;;ny issue?

fillS. KARTAGENER: There may be an additional

account that rm unaware of.

I

8 (Pages 16 to 29)

Pleasanton, Greenhill, Meek and Associates 561-833-7811

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r~"( ~ o I Well ''O~ ~l>ou• a s~ooulai•Cn ~n l

1h1s. .. I -nean. r•ght nere in your l•hh .lmended ?

"': HE COU~l -

mo1 •on . :he- nusband gave 'Nii~ a r:heck ......., ,.nc:r. on

3anK of ..4n"''e t •ca •n ~he ."\mount of 516. 500 . .Nhich

sr"''e ptf"!jt?nted 10 \he bank sevEr a l t im~s. and

tearneo there vvos ;nsutfic;ent funds 10 ~over the

checi:s The husband is say•ng uue

MS. ;<,O.ATAGENEA: Yes.

THE COURT: Okay _ So. is that true.

Mr rtoderman?

Ml';. RCGEr!MAIJ: Yes . 1"11 INithdrciN the

st•pulat •on •f she wants to still call the

v..rtH"~eSs I'm do•ng ,, for the economics of the

coun.

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MS. KARTAGcNEi'l I need to show· · I still n eed I 5

to shovv ability 10 pay ~or pur cases oi ... 16

IHE COURT: Okay. Come on up. ma·am. 17

!hat could go to a diHerent issue. 18

(Whereupon, lhe Witness vvas sworn by the 19

C.:>un.) 20

71-iE WITNESS: I do. 21

THE COURT: Greet. thenks. Hove e seet. Speel< 12

loudly. And when you get comfonable. tell me .:?3

your n a me and spell your l aS1 name.

THE W ITNESS: My nom e is Davvn Hurley.

H-U·R-L-E-Y.

THE COURT: Grea1. thank you.

Go ahead.

'Nhereupor..

DAWN HURLEY.

Poge 31

Called as a Witness bv the Petitione!", and being bv the

Coun fitst dulv ~wom, testif1e d as follows:

OIREC: E.XAMINAIIOI~

Q rBY MS . KARl.>.GcNER) Ms. Hurley. are you the

records custodian of Bank of America?

.... . Yes. I am.

Q_ And are you her~ toctay p ursuant toe subpoena

ducts te-cum?

A. Yes. I em.

Q And have you brought Y~Jith you the records

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concerning Mr. Lewis Kasman's b ank accounts at Bank c1 1 6

America] 17

A Y~s. I did. I bring th" s ognelur" card and the

statements only.

Q Okay. Can you just give u s t he lest four

digils of the accounts that he hes or has control over?

MR. RODERMAN: Objection. admissibiliTY.

Your Honor. She h&sn~ laid a p roper predicate

for business tecords.

THE COURT: You didn, want to accept the

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0 !BY \liS KAAlAG ENERl

Bank :::.i Amer~co?

recor(1 Cl:Stoc::Jian

Q . AJld d•d yo u Oppear '" lhiS case :n a C'f!O r

Oeoos•tion as a records cuslodian tor Bank oi .Ameo c a •n

Fon Lauderd aie?

.~ . I cannot reme mber the t-)(act name of """"~ cast

bec~use I do it for the 1ri-countv. ~ut f know I oid

have a case with you. I'm not !our~ oi 1he eC.:-J~I nomt.

0. O kay. And as - are you - you are de-s•gna1ed

records custodian of Bank of America for purposes of

this produe1ion and any p roduction in this czse?

A . Yes. ma'em.

0. Okay. And the documents. that vvere reQues1ed in

the subpoena. are- they -· hav~ you b rought vvit h you any

of those documents?

A. Yes. I did .

U... Ase those documents kept in the course of the

'egularly conduC'\ed busi ness act'"'l'V oi Bank cf

~merica?

A . ·res. they a r e.

0. By a person-

MR. RODERMAN: No objection.

MS. KARIAGENEA: Th.,nk '/OU.

THE COURT: All right, nOV\.' •tou've got i•. Go

h ead.

Page 33

0. (BY MS. KAFlTAGcNEA) Ms.. Hurley. :an yo u 9ive

me the las t four digits of the various accounts

Mr . !<as man hz.S control ov~r 7

.4.. S ure, The first onl!' ;s 5883. in the n ame o f

levv1s Kasmer.: ~he ~lt".er uccoun1 is 05:15. in u-...e same

n a mE ; and the account ending in ~782. in ;he ~ome n&m~.

Q. IS ~nyone other t han Mr. Kasman signa'tory on

any of those accounts?

A. N o , ma'am.

Q. Okay. Are there any accoun'ts vvith M r. ~osmen·s

d&ughter. Ryan Kasman7

A. No. ma'am.

Q. Ckay. And can you tell u s the balances in e-ech

of 1hos" " ceounts as of OctoO"r 5th of 2007? It may b"

ee sier to go a cceunt by account. And !'II ask you. are

you keeping t~em separately, account by acco unt?

A. Yes. I have.

Q. Okay. 5883. what was the ball!nce on October

~th of 2007?

A. 5883. whars the dat.,. October ••

C. Five.

A. The account b alanc" for ac:ount ending in 5883

9 (Pages 30 to 33)


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on Oc.1ob~, 5th vvas $15a 79

0 . Say thul ogcttn.

158 79.

C. O:C.ay And :"las there b~en any g,eate, amount

then that S"'lCe then?

0 . What was the h•ghest?

A The highest? Okay. Aho>r ;hat-

MR. ROOERMAN: Your Honor. vvith all due

respect. let me oHer her a supulation agtun. I

:nean. there·s :"''O doubt eventually she's go•ng to

!'St4bfish the check d•dn"t clear.

THE COURT: Well. I think, though. you·re

accepting that supulat10n, but there's

addit ionol tniorm.,t10n.

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MS KAATAGENER: Yes . th.,t's correc;. t6

THE COURT. Okay. So. for ;he record. it os I,

stipu161ed 1hat the check that was presen ted by 18

the husband to the vvofe. $16.500. dravvn o n Bank 1 g

oi America •· I don't k.no"" what account. You can 20

add t hat ;o the stipulalion •f you wan1 . The :!1

$ l 6.500 bounced due to insufficien1 funds . ~~

SoipulaH>d. Mr. Roderman? 23

MA. ROOERMAN: Stipulated. Your Honor . 24

THE COURT: All right. So. any other 25

•nfo,ma1ion you V\l~nt •o take on eny ot these

~ccovnt s. you can.

MS. "-A.Rl'AGENER: l'henk yau.

Page 35

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0 . !BY MS. "-Aoi';TAGENEAl Ms. Hurley, the highest

balance on that account. 5883. b~tvveen Oc1ober Sth end

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A Okey.

THE COURT : Couns.el. let me ask you a Question.

What does th~t maner. vvhal the highest balanc.e

is? lsn"t vvhat meners -~ it there·s a

S'1 ioulation tha t there'S an atrears. . isn't it

wh~rl5 in his account now7 Unless you cen tell

me- thet if he had a higher amount betvveen then

1nd novv •tou'le trymg to prove where ~he money

may have gone 10.

MS. KARTAGENER: Where th" money may have gone

lnd. also. 1het he had the discretion to use it

Jnd he chose to use it for something else.

THE COURT: Well- okay. Go eheaCI.

Q IBY MS. MRTAGENEAl Ms. Hurley, rn withd:aw

thou.

Whet is the current balance in that account?

A. As of .January 251h, the occount was overdravvn

5i20.

MR. ;:lOOERMAI,I: '087 E.xcuse me, '!our Honor.

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MS. KARl AGENE!'l : Yes.

0 ! BY lv1S K..f.RT AGCNER) Accovnt nurnb et OStG. what

vvas :he b alance on OclOO~:>r 5•n'

:\. O kev. "The October .. , , 10. ::1 .

0 An(j l h£" Curtent t:&lanccf

~- t.s of .J~nuary 24th. Sl 0.

0 . Numb~r- 3782. sa'me oueSt tons.

A. Tt·us account vvas. opened in ·oa. January of '06.

not Oc1ober.

THE COURT : What -..as 1he o~n•ng balance?

THE WlTNESS: l'he account vvas oQ<!ned vvi1h

S 1.69. And 1he cunent balance as of J anuary

2 q1h vv&s S l 0.

Q IBY !\.1S. "-ART AGENERl Is !hat the h i ghesl

amount that wes in that accoun1"J

A . No.

0. What we.s tht h ighest emount7

A. The hignest ""'_.s S:25. and h opened the 17th of

0. Do yOu know _,hy thbt account was oponed7

..... 'Nhy?

0 . Y~s.

MR. ~OOERMAN: Cbjection.

l'HE WITNESS: No.

THE COUFiT: Hold it. What"s the leg:el neTure

of ohe- ol:jection?

MA. RODEAMAN: Relevancy.

THE COURT: Overruled on those o;~rounds.

MR. i'IOOEAMAN: Speculation.

THE COURT: Sustaoned.

Page 37

0 . (SY MS. X::.C.A'TAGENER)''Ms: Hurley, did 'IOU bring

any Olher documents vvilh you penain•ng to Mr. Kasmen f

..l... No. ma·om. only the! signat ure card.

Q Okay. Did y ou bring one set o f those for me?

L>id you bring a set of documents for me?

A. Yes. these are for you.

0 . Than!< you. May I have them. p lease?

A. (Hands document. I

THE COURT: Are you done with direct?

MS. KAATAGENER:. Yes, sir.

THE C OURT: Any questi ons?

rv!R. AOOERMAN: No questions.

THE COURT: Next witness.

MS. KAATAGENER: Next witness is Eileen Kasm6n.

THE COURT: S1ay vvhere you are. I'll !:le •ight

bac.l<. r have to sign soml!'thing.

(The Judge lett the bench at 10:22 a . m.)

(The Judge retur~ed to the bench at I 0:2 3 a.m.l

(Whereupon. the Witness was sworn by "the

10 (Pages 34 to 3 7)


i'oer :;s r I ~ ~

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Cuvn

THE WITNESS: I do .

Pl~< "0 1

ooclit('t~oott. rnust na ... e l.>een e oou1 5700 H~ bv'V~ ·~e

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lHE COURT

Go ahead

Whereupon.

Eil EEl~ IC..ASMAN.

:=alltd os a VV•tness on her ovvn t:ehalt. and being ov •he

Coun fust duly svvotn. lest~fied as follovvs:

OIRECT EXAMINATION

0 . IBY MS. IC..ARTAGcNERl State '{Out n;,me tor tne

record. otease-.

A IT's Eileen Kasrnan.

MS. KART AGENER: We11 Stipulate that the

financial affidavitS come rn .

THE COURT: Okay.

MS. KART AGENER: I've premar~ed ;,II oi th~m. d

:hers o!-:.ey 'Nrth you.

MR . ROOERMAI~: No objec11on. Your Honor.

lHE COURT : Okoy. Wi1e's aHidav•t. Numbet 1

•n ~vidence.

Go ahead.

MS. KART AGENER: Your Honor. since vve have a

s1ipulauon and cof\ce.ssion regarO•ng the

bfleerege. I'm not going to get into thet issue.

Am I correc1 in that?

Page 39

7HE COURT: On the f1fth amended motion on the

o)rreatage. ~ou need not present vvide nce of the

I&C l oft he ouearege.

MS. KART ..:>.GENER: Okay. Thank you. Your Honor.

Q . !BY MS. I'.ARTAGENERI o ;d your husband have I he

5b1hty to pey the court-ordered suppon of StO.OOO per

rnon1h horn October 10 1he present?

MR. AOOERMAN: Objection. calls tor

1.PE<vla1 ion.

THE ·:OUAT: Oveuvled.

THE WITNESS: Yes. he does.

Q. (BY MS. K.AATAGENEP.I And hovv do you knovv tha17

A. Well. tor :!0 veers vve lived a beeutiful life.

V.Je had beautiful homes. We vvent on beautHvl vacations.

We had I he finest cars. We had jewelry. We had

clott'ling. And now ell of e sudden he claims that vve do

not .

Q. Ate vou awartt of any of your husbanc:rs

ex~ditvres since October 2007 on eny h.Jxuries7

. .e.. Ht bought my children a ievv pocketbooks here in

about -- my daughter got-s 1~ school. c:oUege. American

Uni\l'er :si1y. Thers eU 1 know.

a. When yOu say pocketbooks. what kind o f

poe let bOoks 7

A. He bought my older daught er I believe a Gucci

•' s

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0 L""~otts '"l' t31:e thern ou• 10 d•nnerl

0 Wha1 k.nCJ.s oi olaces ooes he lake them 10 s•nC("

Oc1obe, ::'0077

A He·s 10>ken them to MaiQO·s . . He.takes-•hem 10 ·.

· · he·s taken them 10 Nevv York Prime. He goes. 10

Houslon·s. . l nars as iar as 1 know.

Q. A re you a .Siting I he C.Oun 10 .uwatd pi€'JUtJgmen-:

•nterest ·· 111 w•thdraw that.

THE COUI=\T: He·s &lte&dy egreed 10 prejudgmen t

Q . IBY MS 1:-:>RT AGE NEAl With oe!>PO!Ct 10 your

c.hildrrn·.s accounls.. Paragraph 4 ol An•cle 5 oi the

agreement reQult~S yout husband to tetutn to the

r.nanc•al ac.coun's on o r abo.ut .July 31st. 2007 the

mon•es 1hat Vlle•e taMen ftorl""' them.

a. Has your husband r e turne d tO the childrQn's

accoums. the mcn!'•tthet 'NetS w rthdrewn previovsly b y him?

A. No. he nas not.

0. Are you t he sole ClJStodtan and signa t ory on the

children·s accounts.?

Page 41

A . 'Yes. tam.

0 . W e r e y ou the' a•

THE COURT: Do me a favor. SIO\I'V down. Let me

get the egreemen1 in ~ronl of me that speoks to

i:hcn provis ion.

MS . . ~.ARTAGENER: Paragraph 4 of ..Orticle S .

7HE COU RT: O~ev. got it.

0 . !BY MS. I(.A.RTAGENERJ Have you obuoined cop>es

of statements i~r th~ childr~n·s accounts vvith W~st

Rock. Mertill Lynch. Netionat City. and Fidelity?

A. Ye~. I heve.

0. I'm going 10 Show you Exhibit Number 2.

Composi1e Cxhibit Number 2. ond ·ask you if -

MS. IC..ARTAGENER: Berry. ·1ou hev'" a set of this .

1rs righ1 in order.

MR. AOOERMAN: What is it?

MS. I(.ARTAGENER: Children·s steternen'ts.

0. (BY M S. KART AGENEAJ And ask you if you

recognize 1hes e as the children's s tatemen'tS that you

and Wf! heve been 8ble to obtein from the various account

represen1atives at West Rock. Merrill Lynch-

MR. RODER MAN: Your Honor. objec1ion .

THE COURT: Hold on.

G. (BY MS. KARTAGENEAl - 5unTrust. Fidelity. ond

National City?

l l (Pages 38 to 4 l)

Pleasanton, Greenhill, Meek and Associates 561-833-781]

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~R ;:;ooERMJO.N

Cocuments tMere th 4! cn•ldren's accounts. .

MR. RODE~MAN : 1 C!nl•c•06Jie - okay. Mavbe I'm

prematun~· .

Do you intend 10 ot1er those •nto evidence?

MS KART PGENER: Yes. I do

"J1P: ~CS'~RMAI'!' Chey lt".en rd fikt :o - ·

THE COURT · What's :h~ natur~ of the voir dire

.;:;,-,those?

MR. ROOERMAN: I'd like to try to ~stablish-

1 ""ant to esteblisn i.hat sh~ probably has only

seen \hese documents .n c:Jiscovery and has

probably never seen th~se documents, hes no

bas•s. 1 don't • •

IHE CCUAT: lh~ Ques-: •on vva!: o very narrovv one.

lr's ~ue tho~e the ch•ldren's accounts and ore

they irorn West Rock. MerniJ L•tncn. And I realty

couldn'l ~ven t'\ear the other e ltegeo account

holders beceuse everyo"'e ~poke over e·.,eryone

else

MR. RODERMAr.J: I'U ""nhdraw my reQueS'l: .

Pa~e 43

Yout Honor.

THE COURT: All roght .

MS. K.ARTAGCNER: It ""as National City. vvhich

•NaS formerly Fidelity. and. prior to that

Sun Trust.

THE CCUAT. :=o. three place!: that the ~hildren

had vc:::ounts. 'Nes; Mock, Merrill Lynch, and

vvhat·s :'\Ovv Nauonai City ?

MS. KAAIAGCNEA : NGtional CitY. and Sunlrust

account vvas deposited into the p redecessor of

~Ja&ional City.

THE COURT: 8ut lei me JUSt try 10 help out is

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~he beSI way o f doing it. T h e coun order soys 13

the husband shaH re turn to the ilnancia' 14

accounts. and the names of the children, a ll lS

amvunts previously withdravvn therefrom and do it 16

by July 31: 17

MS. KART AGENEA: That's correc 1. 16

THE COURT: So. the financic;l accounts iO vvhich 19

you~e referring '"It lhose 1h;n you just 20

mentioned. 2 1

MS. KARTAGENER: Yes. 22

7HE COU RT; West Rock, Merrill Lynch, and 23

vvhaf's new Nationa l Cirv. correc1? :?4

MS. KART AGENER: Correct. 25

the•t s .....,,,horevval~ by tn~ huSb2'nd 1 ntf!d tno~~

1n1ng vou neeo tC I)O

MS Y...AR1 AGENE-R Okay 'Nell. You• Honor . ;ht

prep.-.recJ erne! prc.vided Mr Roder man vvith a sumrnouy

of the children's ftna ncial accounts, whiCh snovvs

the balances. befo11~ the vvithdr~""ats and curtent.

l'HE COURT: All ''Qht. ShoV\1 him the sutT·unary.

M~. ~OOERf\.1\,AN : I have r.ot received no1i'!:'e ci

fhe summcuies. wh;c.h I believe I should haYe

'•ceived a t least te-n days befo,e this hearino

was not1ced. Longer than 1hal.

MS. KARTAGENER: We previously sent out a

not •Ce of intent to use- sumrnarfes.

MR. ROOERMAN: In (his case?

MS. KARTAGENER: Yes.

MR. AOOERMAN: 1 mean on these docume,.,ts7

MS. Y..ARTAGENEA: No. Jl -..vas maybe sent out

previously.

MR. AODERMAN: But. I mean. are the summ&oes

~itsed on these documents?

MS. KAATAGENER: The summet•es ere cased. yes.

It's in your packet. There·s a summery o f the-

Page 45

MR. ROOERMAN: The packet that you just g..-veo

me?

THE COURT:-- Voo said it ""as previously <given.

'You meatl f1Ve mmutes ago or • •

MS. KARTAGEi'JER: No. I sent out;: 1'"\otice of

intent 10 rely on summaries previously.

THE COURT: All roght.

t.llS. KARTAGENER: This svmmory vvas only recenllv

prepated becOJu.se \Ne vvere in the process of

c~llec:,ng documents.

THE COURT: 8~1 once yov s e nd ;, notice or

intent to tely on a summery. thet"s step one.

And then you heve to serv~ the summery itself so

the other side can sec it. if vou want t o rely

upon i t .

MS. KARTAGENER: Well. J don, knovv thl51

ttlere's. a specific ~im• tor rt. ':lut. l am avvliire

that i1 someone asks. under the summary rule,

they vvant to see th• backup documents. that's

cenainty made available to them.

THE COURT: But we are not ~n a1 bacKup.

Wfre looking at thl! summary itself.

MS. KART AGENER: Y.s.

THE COURT: All right. So. lhe objec-.ion is

12 (Pages .:Q to 45)

Pleasanton, Greenhill, Meek and Associates 561-833-781 1

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3moun1s i\ r E, d anv. that '''e husband .:alleg~cJiy

vv•thOrevv tr am t he :lCC.ounl plev•OvSiy So.

MR. ROOERMAN· t hear you. Judgf'.

THE COURT· A sumfT'Iary •S a s honcut , bur l r'S

not rne e-nd oi :he story,

MR. ROOERMAN: I understand .

THE COURT: So. "·ou lund of conuor that . I

......,on't 1avh yOu d you··

MR. ~COERhiiAN: I don't vvant 10 do that ;o :,he-

coun. You r Honor . I mean. can I ask counsel one

quest ion-

THE COU!';T; Sv• •

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Mtl. ROOERMAN: ·-for the r ecord? t8

Does Mr. KnC:e-1 - ....... auld he 1esuty to these \9

numbets? 20

THE COURT : \/Vho p repared the :s-ummary? 2,

MS. K.ARTAGC.NEN: lvty oi"f rc.l!' prep~red <ht- s.ummaf'\1 2:"

•Jnder rnv superv•sion becaust - :t3

T~E. COURT: Did Mr. l<.ridel have anything to do 24

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MS. K.ARTAGENER: No. he d;d not.

THE COURT· All right . Th.,t's k ind of vvhat

Mr Rode,.men vvants 10 know. 3

trs uo to you. Mr. ~oderman . 4

MR. ROOERMAN: Your Honor. I am not gofng ~o do S

that ~"" the coun . 6

THE COURT: It's no1 personal. 7

MA. ROOERMAN: I under!!:tand that. but ... can I 8

just see the summary, pleese7 Can I just tak~ 9

meybe a tvvo·m•nute - ~ 0

MS. KARTAGENER: You c:an hav" ;t. 11

THE COURT: Folk,. speak up. on" at a trme for 1 ~

the cou rt repone-r. 13

MR. ROOERMAN: I just •• ;t's 1he summary of 14

the statements. 15

THE COURT: Henc:fonh. Ms. Kanagener. make 16

sure the summari~s are pro~ided in advance ot the 1 i

headng. 18

MS. KART AGENER: Ves. Your Honor.

THE COURT: Then they have ;,n opponun;-ry to

object a nd say I vvant backup, But they first

need to s ee the summery.

MS. KAATAGENEA: I understand.

THE COURT. What·s your updated pos;t;on,

Mr. Roderman?

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Mn nOOERMAN Mv vPU3Ct"d OO~ii•On •S rrn

oHE ::Ol-'RT Okov :.11 , ;!?"' Whar nvmber ''

11"\.11 s ummary? I dent wQnt ;he c ac.l.:\.:p.S. novv

MS K.ARTAGENER · Ok-'v The bac.'<up •.S Numotr ... .

"';"HE COURT· t'rn not - •' you Q•vfr me ;~e

surnmarv. you vvant rn~ to SUHt looking through

stenernents rnysern

MS . KAHTAGENER: No. 1"11 chang6- that to ;v.,o.

~HE COURT: Okav.

MS. KART .AG ENER: Thars the purpose of ;t.

n-tE" •:OURT: Okay. We need to take some

u .•s•irnony vvhat thfs means.

C . f8Y MS. ;(.ART .AGENEA) Pr;or to Nation&! Ci-rv.

vvhere we re the c.Jltldrcn·s accounts located?

~ In :SunT•usc Bank.

0 . Arl'l you .asking the coun 10 find your husband

in c.on1ernp1 and o r der hirn 10 repay the amount.s set !onh

'" th e summary?

A. 'fes .

THE COURT: Here's the orobfem . The sumrnerv-

I need some more testimony on this summary. I

hiove tn~ s umm.z.ries. I don, need to see the

documents. Buc yOu need to take testimony from

the summary consistent vvith the lef"guage of the

order Because th~ order s u ggests that there has

to oe reStorat ion of the amounts previously

withdrawn. The svmm-.ry doesn, tell me thet.

0 . IBY MS. KARTAGENER) Hes y out ,hvsb~nd re t u rned

·.o the f•n.ancial accounts any of the monies that he

w •thdr evv hom the children's :J>cc ounts?

MR. RODERMAN: Object•on. calls for

specula tion.

THE CCURT: Sustained. You hav,n'l shown that

he's w11hdr ewn enY'1hing.

MS. KART .AGENER: Well -

THE COURT: Where dee$;, say husb.,n d7

MS. K.ARTAGENER: Then I vvould have to move

t~ese suttements into evidence be~use the

v~flous ~ccovnts shovv the monies that V\lete

wichd rewn tr.at correspond with tht daleS on. thr

summar ies.

THE COUP.T : W • ll. :hat·s not the ;ssue. The

is~ue is not that. lt"s vvhether you coul d pro~

that the husband vv•thdrew these.

MS. KARTAGENER: Okay.

Q. (6Y MS. KARTAGENERl Q;d anyone

THE COURT: Beceus! that"~ what makes it

re levant. This is irr elevent . '!.:Jke 1he first

13 (Pages ~6 to 49)


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accoune . '.Vest ~ock Av;,n •S thE- ch1ld 1 he:re's

bat once of 20.65-.J and a rovv boloncr- of~ 17 as. oi

So. ·Nho's go1ng teo u~s1•fy 10 1hcn?

MS IU>.RT.AGcNER: Mrs. O:asman

THE COURI : Go heao.

0 IBY MS. KARl AGENEP) Did •· at I he tome of 1he

dGte-s ~hat or~ ,nQicated on the summarv. vvett you the

solt: cus1odian and s•gnatory on 1hose ttccoun1s}

A Yes. I w1>s.

a Did you subsequenrl·_, learn that '/OtJr husband

vvHhdrew monies frorr. -:.he childr~n·s accounts?

MR. ROOE.RMAN: ObjeC\;On. hearsav. move 10

suikf' .

THE COURT: No. that's yes ot no •s okay.

Oveuuleo.

THE 'NIINESS: Y=s.

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0 . (BY MS. I<ARI .AGENER) From VYhom did you learn HI

~!-,s1 •:Out husband had vvithdrawn monies from the

o:hi ldren·5 accounts?

MA. RGCERM.AN: Ob1ec•ion.

THE CCUPl' · OvE-rruled She c~n identify from

vvho.

THE WITNESS: Well. I se"" ••

THE COURT: No. just ~ name •.

THE WITNESS: Nicole.

THE COURT: - or a place or something.

THE W ITNESS: Nicole .

0 . cev MS. r-ARTAGENER) Did VC'J( husbend d•scuss

with you his withdra\IVals 'from the 2ccounts?

-~· No. hE did not .

Q. A~ any 1irne did you _,•thdravv ony moni~s from

thr- children's accounts?

A . t did not.

a. Cid you authoti:t anv withdrawals from the

children's accounts?

A . No. I o'id not.

0. The amoun1s th&1 a re shovvn nn the summary

bttween the high balance and the amounts th&t are

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currently in the accounts. do~s that difference 16

represent the umcunts lhat your husbend vvithdrew1rorn 17

th~ children•s accounts7

MA. ~ODERMAN: Objection. Your Honor. irs a

leoding Question. calfs for speculcnion.

THE COURT: Well. "/OU need to indicete if- if

she c~n enswer that. first of all. yes or no, go

ahead.

THE WITNESS: Can you repe3t the "ques11on

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PJgc :>:: I THE COURl Madom e qeoone, 1E-aC1 1h21 ozc •: ~

THE COlJF:l' : Ckay. How co ·.,.ou l..no ......... tnati ..Jus1

T H E WITNESS: Okay. Brcause 1 h;>d r eocotds •n

t-alenc.es to vvhat they ore too.ay

THE COUAT : Hovv oo you knovv your husbancJ - ;;he

QueStiOn .,vas hovv do you knovv '' was vour hustend

thet refYlo•.,ed lh~ tunas from the accounts chat led

the balonces to go horn a cenain number 10 a

Jovver number 7

T HE WITNESS: 8ec;use I savv papers that had my

signature. but I d•d not ~·gn 11.

THE COURT: Okay.

0 . IBY MS. KARl .AGENERJ Did you recognoH• <he

s ignature tha1 som~onr hod ~igned your name?

A. Yes .

0. And vvho vvas that?

.e.. Le'VVlS' SIQncnure.

t] . And h~s he Done that during th~ morriege?

A. "'es. he has.

rvtS . K.ARTAGENEA: Your ~onor. 1he neX1 pan o f

THE COURT: Okay.

MS. K.ARTAGENER: That deals vvith the cre dit and

charge cards.

THE COURT: All righ1 .

a. CBY ~V15. ~RT.AGE;~E;:>) T he Anocle 5 of 'he

agreement reQuires your husb&nd to be responsible fot

var ious debt!, inCluding the f'NO 8enk of America ond th~

Omaha Visa Ctedit cards in yout name. vvhic~ ht' vvo s •o

have poa•d on or beiore Juiv 3 1st. 1007. Has he pa1d

those credit cards oH in a 1imely manner?

A. No. h~ has not.

a. Has he paid them off at ;; IIJ

A . No.

Cl. 'Nhat is - wi1h r~spect to Senk of Amenca.

9023. do you know what the curr~nt balance is on th&t

CTedi t c:ard?

A.. I could gi-ve an appro"'imonion.

THE COURT: Bvt that"s net really relevant

beceuse th~ egre~ment savs. vvhich is an order of

the covn. lhat he has to pay off those as of o

c enain date. So. tt'le que-S1ion is vvhat vverl! they

as of the den~ he vvas ordeted to pay. If 'the

w ife incurred a dE-b1 subsequent iO Th2t. ,hE

husband •.tVovld not be responsible for that.

14 (Pages 50 to 53)

Pleasanton, Greenhill~ Meek and Associates 561-833-731 I

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a (6Y MS. ~RlAGC.hiEAI Okoy Cq I'T\y 'E"ClU~SI , nave

vou 1oca1cd 1hc Ba.nl. ol Amer1ca stau~men,s c.no the F,,,,

A . Ye'-. I ho;· .. e

.July ~ l s1 oH tht' !OP o1 your h e ad?

A, Whtch one. Bank o f Arne~tce7

0 . F 01 !?.~r""~"- of Arne' ic~ .

w,A, RODERMAN: ObJeu:ion. You' Honot. tnesi"

documents arr not 1n e v•dence

1'11 w•thdtavvttle ObJeC1ion .

THE COURT: Yeah.

THE WITNESS· 11 could be about up 10 ~1.~.000.

iHE COURT: You can s h ovv ' ' to her .

MS. t<AATAGENEA: Okav.

TH£ COURT : '.tve're r unn•ng ov1 of :1me .

0 . (BY MS. KAATAGENEA) le1 mr Shovv yOu o

Slau~·men1 vviU'1 .e: closing date oi ....iutv l9th . .?007. o.nd

ask'' you 1ecogniz~ 1hat.

A . 'fe$. I do.

0 . Is 1hcn th~ StGtemt-"1 closest to .July Jlst?

A. Yes. it is.

Q . And vvhzt IS :he bzlanr;e- ~1 thai tirr~?

A . 510.294.77 .

0 . Has that been paid oH?

P~ge 55

A . NC.

Q C):~ vour nusb~:~na cominue 10 cherg~ 10 th• !

Bonk of Americ~ cord in yovr name a~~r July 31 s t1

A. Yes. he did.

a . Do YOU know whar the Curtent be!ance is on thot

account?

A The cuuent !Jolancto fs !.15.~77.5..S .

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a. Now. thr Bank oi -· F"",,s, National Bonk o f 8

Omaho. account number 0486. do you kno"""' """hat 1he balance 9

vvas as of July~, S\, 10011 10

A. No. rd heve to see ''- About 9.000 meybe. 1 "!

THE COURT: Don, lea her guess. S how ner l 2

!.omethin 9. 13

Q (eY I.IIS. KARTAGENER) Let me sho"" you f>oh;bot ~ 14

:.nd ask if tha1 ret rashes your recolleC1ion. 1 5

A. Yes. it does. 1 6

a. And whe1 was the balance- whet vva! the 17

approximate balance in .July of 20071 1 a A. 57.!?1 !?.93. 19

a. Alld have you con;i,med 1h~ bolences vvit h Ban)".

of Oman•?

A Yrs. I have.

0 . And vvhat :s the curren 1 balance]

A. Irs right h ere.

Q rJo. vvhat is 1he current balance ·10u"Ve

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I tnink ,,·~ vo to 9.000

'"""S KAR lAG(NER: You' Honof , l"d r:-.ove these

ont o ~v·ctenc~:- as f.•h•b'l 2 ana 4 ,

THE COURT· Whar·s .. 1h 1eP ,s the charge ca•d

stelements?

MS. K.AAT.AG€.NER: lhese a1e- th~ c.ha1gt> card

THE COURl : .A.nd tout IS vvhat?

MS. K.ARTAGE NE R: Four is the Visa hom Banlc oi

Omaha .

THE COURT: Any oojec-uon?

MA. ~OOEAMAN: No oc1ec"on.

THE COURT; Q l:ay. I have this. Go ah~ad.

0 . 1ev MS K...A~TAGE,.,ERI Ate vov concerned about

the eifeCl on your credi t of your husband·s fa• lure to

:;>ay?

A Yes. 1 ..,m.

MR. AODEAMAN: ObjeCTIOn.

THE COURT: Hovv •s th8t relevant}

1\115. K.,:.RTAGENER; 11 probably 1snl. Your Honer.

at this junet urr. .

Q (BY MS. KAATAGENEA) Q;d your hi!.ISband have tho

abiliry 10 pay the balance on these accounts as oi

.July 31St . 1007>

MR. ROOERMAN: Objecl;on.

THE WITNESS: Yes. he did.

THE COURT : Stop. Legal basis?

MR. RCQERMAN: Speculat;on. she has no

predicate basis at all.

THE COURT: Well. !:Jut there's 11001her object oon

thal --

Ms. J<anagener. whafs the remedy that you're

seeking 1ot noncompliance vvith b peyment of

ctedi1 card debt? You seek civi l conternp1. Am I

allowed to impose civil contempt for nonpayment

of lhe credit card debt? That"s yes. no. I don,

know. something like lhat.

MS. KART AGENER: It's a violation of ~he coun

order t hat approved the agreement. I believe

that it•s eivil contempt.

"!HE COURT: Okay. A ll right. You may !:Je

b r e;;k: ing n ew grounl#. I'm gctng to let you take

that beli ef and shovv me a case ~ha~ civil

contempt tts opened to indirect crirninat anempt.

that I could hold him in c ivil con1empt -for a

noncomplionce vvith a coun otder concerning :he

ctedit card debt. which is not an item o f

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15 (Pages 54 to 57)

Pleasanton, GreenhjlJ, Meek :md Assocjates 561-833-78 11

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that7

MS )""..)"..RTAGEriER · I think I 'll p r obably have to

do some ,e:search, You• Honor

THE COURT : Ok&y.

MS. KP.RT AGC,.JER : If ir~ in the na ture of

supoon . vvhich •S vvhy he vvas supposed 10 pay-

THE COURT: 'Nell. b ut none of that - but

thars not 'V\.Ihat - ;het says credit and charge

card debt. He may not h ave done •1. 11 you fife

indirect crirn•nal contempt, he can get . you knovv,

i1ve months and 29 days. That's just

noncom pl iance vvith the order . You don't deal

vvith abiliry to pay on that That's en indirect

crim in a l proceedang.

MS. K.ARTAGENER: Your Honor. novv that I'm

thinldng abovt ic in te•ms ot debt. as oppo~ed to

suppon. I h ave to agree vvi1h you.

THE COURT: Okay . So. le1"s kind o f move 10

some1hing 1hat falls in the civil contempt raf.ge.

MS. KARTAGENER: Okay. But . Your Honor. vvnen

vve z.sked 1or ci"J il con1emp1, vve also asked lor

a lternatively fo r en1orcemen1.

THE COURT : We ll. vvha1 kind of enforcement do I

do other than indirect criminal?

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1 HE COURT· You·• e seek1ng to hold the con tempt

r ... ":S . K...Af=;l AGENE R· For :a•ling to use h•s oes1

~i1ons to ~ecu• e a 1o1a1 S200.00U in IdE

THE COURT: All ,ight. So. you need 10 direct

your ~es timony .t this vvitness l<novvs anything of

h •s best er1on~ .

MS. i<...AAT AGEf'lER: 111 subm•t oepostuon

tr:stimony from B anker's Life.

THE COURT : All righ t. Go ahead.

0 . :BY M~ KARTAGEr~E R) The ne><t article is

A n :cle 19 o f the a g reement . ·.rvh•ch is a t empotary

•njunc t ion . Has your husband ilans.terred c;.r s.:cre1ed

je""'elry o f youtsel1 and htm ?

A. Yes, r.e r.as.

MR . ROOERMAN : Objec-:ion. it 's r!?s judica1a ior

the record. Your Honor.

THE CO URT: Tell me vvhy. because rm obv•ously

MR. AOO€ AMAI'J; The same exac t tes 't lmony

occurred before .Judge Bunon.

THE COURT : Whe:-o>

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Page 59

MS. KARTAGENEA: You cen g ive us a judgment.

THE COUA'T~ Okay. You're a llavved ! (". get a

money judgment If you can prove 1t . .;; it·s a debt

egainst her. •tou can do that. Go a h e ed .

MS. KAATAGENER: The neX'l issue is with re spect

10 the lifg insurance. I OiOn*l rea lly raise

the t in the ope ning. but fv1r. Aoderrnan d id.

Q. (BY MS. KART AGENERJ Mrs. Kasman. to your

know ledge. has your husband named you as the beneficiary

end the ovvnet on life insurance in the amount of

5200.0007

A. I oon1 even k now.

Q.' And do you knOVIol \IVhe ther he p reviously had

Banker's life life insurance. a si>c·million-dollar

policy, to secure your suppon!

A. Yes.

MR. ROO ERMAN: Objecljoo . . whet point in 1ime.

Your Honor?

THE COURT: Sustained because previou s is n01

re le\NSnt in o contempt unless i(s in effec1 at

1ne time o f 1h e otder and is the subject of the

order.

MS. t<ARTAGENER: Well . Your Honor . the

agreement tequires him to make a· reasonable

be sis. and I ""ill t ie tha r up w ith the deposition

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Page 61

MR. AODERMAN: 1 t hink it vvas August 2nd . I

may bE vvrong .

T HE COURT: .0. 11 r ight. A mot ion seeking relief

conce rning en elleged viol~tion of the temporary

injunction? Yo\.• had a hearing on this already is

vvhal ycvre l elling rne7

MR. ROOERMAN : Yes.

THE COURT: Okay. And vvhat --

MR. RC>DEi'IMAN: CorreCt me 11 l"m vvron9.

THE COU RT : Did he e-nter an order on tha1 or

o ral ruling on t hat?

MR. RODERMAN: 1 oon~ 1hink there ~as either .

THE COURT: Well. it vvas jus1 -

MR. ROOERMAN : I read the uanscript last

n ight, Your !-fonor.

THE COURT: II it vva s jus1 --I m ean, you·,.,

aHovved t o 9o tO"""erd on rhis unless the maner

vvas disposed of.

Okay, ;e-rs go. Objection overruled if vou

have personal J.:novvledge.

MS. KARTAGENER: It vva~ not disposed of.

MR. RODERMAN: I vvithdravv the objec~ion.

0. (BY MS. KARTAGEI~ER) When did you first notice

A. May 2001 .

16. (Pages 58 to ~1)


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'-· And do vov hc;ve any •riea oi the- ~ppro .'ll •rnaa

·JOiut- o f 1hose>

A . No

0 . And 1hese vvere rT"uS.stng from V\l'her e?

4 My vauh .

THE COURT· A home v"ult or lJ bent( vau lt ?

THE WITNESS: Bank •raul!.

0 . CBY MS. KAATAGENEAI Did \'Ou ob1ain me

signature cards?

A . Ye!. I gave them 10 you.

0 . Let me Show you vvhafs been mar ked as E,..xh ibi'

Numbe r-S. and ask 1f th•s •$ the signature card snowing

A. Yes..'' •S.

MS. KART AGENEA: Move that into evidence.

MR. i:;OOEAMAN; May I see the document?

0 (8Y 11115. KARTAGENER) Oo you rec ogn•ze you•

husoar.ds signature?

A. Yes. thars him.

THE COURT: He vvants. to see it . Sht>VII it t o

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MR. ROOE~MAN : I iu~t vvan t to see the s ignatur e 25

on ther e .

THE COURT: Number 5 in evi oence.

MR. ROOERMAN: No objection.

THE COURT: Okay.

Q IBY MS. KARTAGENERI In aC:dition to you•

jevvetr y, did your husbend have- e xpensive w cuches in the

saiety deposil bO>c?

A . 'Ye!. h~ did.

a. And vvere th~y remov~ b\' th~ tim~ you savv the

oo)l. in May of Z007?

-~- 'Ye~. the-y -.ere.

a. Do you recogniz e- eKhtblt -

THE COURT: Counsel, le1 me esk vou a qu~sTion.

The- ~ignarure of the nus band o n t he s~fe deposit

bo" is V\lhen?

MS. KART AGENEA: Si9neture is 2000 -- I'm

!Orry,

THE WITNESS: I t hink it's February.

MR. ROCERMAN: The only ~ignature I saw there

vvas May 13rd ot the vvife.

MS. KART AGENE11: No. irs th" s~cond page,

Ba•ry.

THE COvRT: What does it sey7

MS. KART AGENER: February 11 . 2007 was the last

husbands S•g n ature.

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g en•ng ~o thb\.

T HE COUA'T. Okay

0 . CBY ;JIS. KART AGENERI H;;ve -,ou ~ske<l your

husbend to return thE Jevvelr'y 10 you?

A Yes. I have.

0. And vvhat ""'as h•s 'esoonse:

A . That he vvas go.ng to g •ve ot back becauSE t

vvanted my doughter to vvenr a necklace in May i or her

graduot•on. Th&t 'Nas V"Vhen I lovnd that the- 1evvetrv vvas

m tssinc; .

THE COURT : ~A2'am. flsten . vvhen you're aske-d

•tvhat d id he say, oil vou •eoeat is hts '"eros.

THE WJTNESS: Sorry H~ told tY"'e he does nave-

my jevvelry, bu1 he has •t •n New '\'ork. And vvhen

he goes 10 1\:evv Yotk he vvdl bring it bac~ and

Q. ce·-; M5. KARTAGENER) And h as he gone 10 Nevv

York s ince he told you 1ha1 he V\IOl.:ld get •t?

.4. Yes. h~ has.

a . Hes l'"le retutned t he JCVVelry to vou?

A. No.

T H E COURT : 'J\.'hen 'JV~S (hal conversa tton7

iHE 'N ITNESS: Well. , n May. In Mav.

a. CBY MS. KARTAGENEA) Was it be;ore o t anet the

agreemen1 vv~s signed7

A. 'Nell. -.ohen he signed th~ agreeml!nt -

THE COURT : No. l iSten 10 your l avvyer's

ouest ion. AnS"Wer the oue~t•on yov,.tavvver a~ked

yo u .

Q. (8Y MS. KART AGENER) The agreemen1 •,ves s•gned

on May 15th. Did vou speak ·N ith •tO\JI husband conce1ning

re t :;rn ot 1he jevvel ry before 01 :.her t he agreement """os

signed7

A . I t hink before.

a. Oid yOu ever speak 10 "im a fter Slgnir.g tne

agreement about the Jevvelr'l7

A. Yell, I he""·

a . And vvhat YYDS his resoonse?

A · The same. he says the ~arne thinQs. I heve your

jevvelry. I di~ not sell it. And Jl•s in Nevv York.

a. Do you ,emember 'Nhen your daughter's graduation

was?

A. Yeah. in May. ·

Q . V\lhen .......,&.$ it in Mav7

.-.. Th e exec\ d&te. I cJon"t •emember.

0 . Oo you know if i1 was aher May 15t h ?

J7 (Pages 62 to 65)


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the rnoruh .

"'"eaung il"'' these pho1os

A . Y~s. ,, rs .

0. And let me shovv you E>h•b•t Number 7 ano ask

you rl you recogn•ze any ot the 1evve1ry on 1hat s chedule

as onv of the mrssang Jewelry. spcc• f•cally &ny oi the

missing watches. Call vour ane-nhon 10 Page 3

A. This one her~?

Q. You """"' m~ to loccHe that cne ior vov?

A. 1 haven'l seen this vvatch

0. OStay. Page - on P age 3. there'S a 9en1'5

platinum Rofex masterptece ""'each vvith a silver diamond

diat and diamond bezel on a iJ,.acelel , valued at 562.~00.

Have you seen that vvatch before tn the satety depos•t

boxl

A. Yes.

a. W&s that one oi lhe YVatches that _,as m issinQ?

A. Yes.

deposh bo>c?

A. No. there vv&s not.

THE COURT: Coun.!:el. ·,ou're ,unning out o1 ·t irne

Page 67

rapidly.

MS. KARTAGENEA: I move- 1ha1 into evidence as

Exhibit Numb"' 6 and 7.

THE COURT: Any obj.,ction?

MR. AOOERMAN: No ot>jecuon.

THE COURT: Okay.

0 . (8Y MS. KARTAGENEAl HDve vou retain"d our ;;,rn

and agreed to pay us a reasonable tee 1or services(

A. Yes.

C. Have you ret ai n e d Mr . Kridel'.s firm and agreed

to pay him. as w ell?

A. Yes. I have.

0. You•re aware. end 1\/e shown you the notebook

that I've prepared. of ;he fees. costs. and payments and

retain ers?

A. Ye~. you did.

Q. And ar~ .the retainers that you signed for

Mt. Kridet our firm. and Mr. Celestino con~~ined in

that nOtebook?

A. Yes. it is.

MS. KART .I>.GENER: I hav" nothing fun her of this

vvh:ness.

THE COURT: I'll let you do cross and se~ where

vve are in time.

MR. AODERMAN : Okay.

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( ;;055 ~'U-.MINATIQN

t8Y MR ~OOERMAN » Mro;. K.etsman. let me .'ump

• t:O•VE • .. Ce --os. !.Old a no ctOS£:0 son·.e'•'ne au•u"g 1r'\e month

f\.15 . o<...ARl.AGENEA· ObreC.t•O'' · ,e lev&nc.e .

THE COUAI: Ovetrul~d

THE WITNESS: Yes.

tJ . IBY MP .. MOO ERMAN» .:.na at 1he time tha t the

S•)l 0' ~e.., e n month!~ in :Jif t&r s? !n ottl~r 'JVOrds.

payments h.,d not beer. m6de 10 the mongege company; you

MS. K.ARTAGENER: ObjeCiiO'l. re lev.:Jnce.

IHE COURT: How is U"l&t 1elevent>

MA. RGOERMAhf: Your Honor. 1 ""''n t• e •I .n

:o ·-

THE COUI;T: 0key, go ~hebd.

MR. ROOERMAN: - the financ tal CO:ld ition of

ohe- hust;and. Your Hon o,.

7HE COURT: All ng~.:.

THE WIT N ESS: Yes.

MR. ROOERMAN: As~ ~ener of fact--

THE COURT: It's really his corrent iinenctel.

Once you ~dmir to an arretus. i1's h fs curren~

iiner.6al condhion fo' purposes ot civil

contempt t h& t ~p;:>lies.

0. CBY ;v·.n. ROOERMAN) Do you ~now vvh e thtu

1\.111 • ..:.:~sman is - vvell, let me b ac k up.

Tl-iE COu~T: lt"s .. lso &t the time that he's

Page 69

alleged •~ heve occurred the arr edrS '"'hett"''e• hi~

noncompliance •JV8~ """"illful. You c~n b r ing thet

vo.

Q. iSY Mh. ROOERMAN ) Stnce tr~~ sale o f 'the ' 'ousl'

in M ay of :::'007, ;ue you avvare oi any incom~ tha i 'JOur

husband has made from anythingf

A. No.

0. And isn't it a fact during the 20 y e ars of yout

m a rrioge you d id nc: \:vork?

A. No, I did nat work.

0 . And you have no business b ackgrou nd vvhatsoever?

A. No. I don~.

0 . As a maner of fact. . you did not even open t::::ank

accounts and ~ iOfl checks. did you. other than undfJr y ovr

hvsbancrs guidance?

~ .. Nc.

0. You d idnl even sign or have ~rrpared ta><

returns or any 01her official documents "ther t h en what

your husb2nC aslo::ed ·,-ou 10 sign ond do: •s th&~ correc.t?

A . Then's correct .

I I I I I !:

18 (Pages 66 to 69)

Pleasanton. Greenhill, Meek and Associates 561 -833-7811

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i'J~r ~0 I .J..na vvovld 11 b~ fa11 iO sav you have a lmost no

'-'Ov"Vro managen no cl-.ec.~.,ng account~. -, ou na·.~e t::cs•c zttv

A . Thet is ttue

(}_ .A.rr you avvar«!' of ;he tact that yovt onotnEyS

:"lave subPoenaed every tecords custodaan in your hfe

that •rot..J"Vr done bus•ness. vvnh ' " the last seven or

-?rght yeats 7

MS. KART AGENER: Objection. predicate.

THE COURT: Thars the ptedicate auest•on. 3re

you avvare.

0. IBY MA. AOOEAM.<.N) Are you aware?

. '\. Yrs.

0 . And do you k..n.ow w .hett'\er or not y ou found even a

scintilla 01 any Type of evtdence thot your husband rs

curtently hiding any ~inC oi asse-ts. anything at oil

thzt vou can tell the coun thcH this man is hiding?

• Htfs hiding cash. money. jevvelrv. gold bars. anything7

A, ~Jo.

Q . And ere you not avvate of the fact that vve t"lave

not objected to any ~ubpoenes oi records custOdians

sinc.t the day I got in the case?

A . Yes.

Q. Now. \I'Vhen your htiSb'l)nO leh the housr-, did you

Pag< 71

see him take any documents Vvlth him when he leh the

marital hOuse? Did you se~ him take any documents """ith

him?

A. Vllhen he soJd the house end he moved out of 1he

house. "!"es, he did. He took evervthing.

0. Well. wh~n you say e-very1hing. tell me what he

tOGk.

~.. AJI his papers.

0. Whet did he take?

A. He had st~cks of peper~ in n;s office. and he

packed \hem up ~nd took them.

Q. Okey. Any p~pers that you heve reviewed .since

'hen. sine~ 'h~ dey he left the marital house. thet you

know art papers he took with him?

A. No.

0. At t.his point in time we're a month from trial.

cotrec'l?

A. I believe so.

a. Supposedly we have a three-day trial set before

this judge. yes?

A. Yes.

Q. Co you know of any Other documents that you

think orr missing that hove not been subpoenaed 01

producHJ that ''/'OU would like to see:. anything? Y~~ 01

no, ma·.,m.

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11me tsn"l a; a iact vou IOO'C y c.u: -::augntet. i=lvan. t.::>

schoct tn ','Vesntngton. O .C . :-

C . Duong oht> pendency of th-e Orvorc~?

A Ye s .

0 . Wh~t month was that 7

A . Augus1.

0. And in ...).ugust. yC'u ~)tpenoed m~ey en crec:lil

catcls. did ·,-ou not?

.Q. . Yes. J aid .

a . e.ecause ne•thet ot y ou had onv cz$n. corrc!ct ?

:... 1 gu~ss. yes.

Q. A nO you vvenl With "lOUt huSband tO V\'2 ShingtOn 10

make sure your daughter go• into ~· vvhH zcnooi is 11.

American?

A . '(es. 11 is.

0 . .4.ntJ the t':Jit ion t ner~ vvas 4 .000 ~ month.

conect?

A . Correcl. Lewis pays thot .

Q. And Levvis vvzs paying it out ci an account ·-"/here

he leS"tilied before Judge 8unon on or about August ~nd

then he hod 540.000 lett. Do •tou temernbet that?

A . ! remember Levvis sey•n9 rhat. yes .

G . And since then. are you aYVare •h~' 1f"'\e IRS

seized thet account?

M S . K.ARTAGENER: Object•on. hearsay.

THE COURT: hlo, that's o Quest•on. Pta ·you

a"""'ere.

THE VVITNESS: f am avvere from Lewis. ye~ . He

did tell me tna~ the IRS did st:•ze accounts. :'-Jo.

I do not knovv 'Nhich accounts .

0. !BY MR. AOOEi'lMANJ An d as a maner oi fact.

Lewis needed some fjnancial help. d id ne no-:? He: came

to you crying that he re-ally is desperate: Mt: has

absolutely no money. Did that not happar.?

A . h happened.

0. And you beiieved you• husbZind ;;h~r 20 y e3rs.

did you not7

A. Yes. I did.

C. And you. in fact. lent him 516.000 ~Y t w o

checks. did you not?

A . h was not 16. II vvas l 5.

0. E.>ccuse rne7

THE COURT: Wheni

THE "NITNESS: So:ry. I believ E i1 •.-va s Augus1.

THE COURT: Of U7?

19 (Pages 70 to 73)


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o rov rvH1 ~ODERMANI C l :oo;> A un -hun

oro~ neeoe:d tl"\Qr"\ey, t.:o••ecl 7

A 1 ordn"> Oelieve tu vvo s. cJea.c baoke. 1 didn1

know •...vhat 10 oeheve et 1he lln,e. bul he ~eemed

ab~otvte ly hon11C And. ves. I d•d loan h•m the monev.

·.vhic h hE did no1 give back .

Q. Hes he alvvay~ been a good father 10th~

0. And h«!' ·s done hts best?

THE COURT: How IS thzu relevent?

MR. ROOERMAN: She testified that he bought;;

couple of curs e s. so my ne)t"l area •.

THE COURT: Welt . that's -

THE WtTNES£ : Whatever .

0 (8Y MR. ROOEAMAN) IS that the onry material

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money that·· 1hings 1hl;t you heve seen rum ~pend money 1 9

on in the last severo! months. a couple oi purses that 20

you 1esti~ied on ci•rect! 21

~ For the children?

0 . Yes .

A . M~ybe . yes.

Q. Can you c 11e eny'lhing e lse? Al1 tight. let me

. Pog~ 75

move on.

In rege rCI to the tout account s reptesenting lhe

ch ikjren·~ funds. vvnen is the tirst time that you

revt~ed 'those documents? And I don'1 know what the

e•hibit marked number is . but the documents. -;here's

four different account!: that you testified. Did '/OU

ever se~ any of 'th e information on those nccounts prior

10 1he cJt~solution. prior 10 1his action?

A Weil. Levv•s would just leave them around in his

oHict.

0 . Did you C!"ver see 1hose?

A. Yes.

0. You sevv the!- documents before today?

A Ot course.

0 . Did you see them before you fil ed your petition

for dissolution of marn age?

A Yts.

0. '.Nhen7 What wert= 'ihe circumstances?

A Nothing. they were just in ~he office. in

nonbooks. sining ther~. Sa, yes. I used to look in

1hem. W•st Rock.

Q. So. you're teiJing the coun under oath you

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haw never been involved in s ig ning a cheek o r paying a 23

bill during lhe marri~ge- . but you r e-vievved those 24

documents. those voluminous documents] Is that your 25

?~f< ' 6

A. , Yes. I \.NQuld /VSl :oak 1hrcugh thrn9s

"'VOuld

. .,....art• bc;e ','Ou 'JVOuld au 1hort2e your nus.can.j ;o s•g n you•

S•gn.J tur e. ves or no!

A. I have. :'e $.

0. You have manv 11mes. corree1?

A. I Oon'l knovv about many t•me s . 1 !(.no\1\1 one !or

!.ure: .

G '/Vhat i~ ::ne -fc, surf?

A . When I moved to Florida. ;,tnd I was 1n F looda

when they "v~re selling the house on Long I s land and t

hc;d 10 give him authori~ation of my s•gnatute .

0 . hJoV>J, just very brielly. isn, 11 a fact ~hat

·.,ou r father ond Levvis have no1 en1oved a good

relations hip dutin g the pass several years?

A . Yes.

0. A n d once you (ile-d for divorcE. your i a t h er

'JVanted S90.000 thai Le-vvis ovvea him paid back: is that

not true? I think. 'Ne've teStified to ~~

A. Yes. because lew•s took the money from

whate-ver. Ou1 he did giv~ it back.

0. And Y~~herever he got the money, he ;ove your

!ather back the mon ey. correct?

A. Yes. he did.

0. Ok~y. And 1he1 was _,itn your consenl a,.,d

:Cnovvledge. You knew your Iatner had to 9'el oa i c:J back

once the divorce s1eneo. the $90.000?

A. This was before the divOrce stan e d. rtle

90.000. an d I c:to not !<.now •,"Yhere t.evvi s SOt the rTIC'ney.

Q. 0o yOU kOOYI.I if it C8mf' fTcm ~ny Oi theSe I" idS'

accounts?

A. It mcy have. rm not sute.

a . Welt. you r evie w ed thE a c counts. Did yo u e ver

discuss t hat -with levvis?

A . No.

a. Do you k.now vvhethe r or not M r. t::tid el h2: s '.OfO

you thet money C6me out oi th6 accounts tnet vvent to

your tather7

A. I don"' know because 1he money could h ave been

withdrawn way before Lewis geve b&c.k the money. 1•m not

S~Jfe.

a. Bv th& vv;~y, in connection with the di scoverv

a nd rendering of services, hovv much he"~ you spent to

date in 1 ~9al le es?

A. Carol has that •Nrinen down.

THE COURT: Th• question is directed to •tou.

0. :BY MR. ?.OOERMANI I'm a~k ing you.

MR. RCOERMAN: C3n t have a copy ol her

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20 (Pages 74 to 77)

Pleasanton, Greenhill, Meek and Associates· 561 -833-731 1

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MR MOCEAMAN l"m .sorry, Yout Hono•

0 Hendler. o"e' 700.000?

A . I dorn beheve •I vvo$ thltt hogn.

0, How much hav~ you pa•d Mr ~<••del. O"t!' ?0.000]

A . 1 don"l th•nk ovet ;o.

Q Ho""" _much? Do \ 'Ou not knovv7

J!.. 1 oon"l kno""' exactly the numbers nght now. I

yout lavvyetS.7

THE ',VITNESS: Okay. appro)limately mavoe abou1

150.

i HE COURT: ,.Q,,nd )"'ur acc.ouma nt7

THE WITNESS: Maybe about so fa r 50.

THE COURT: Go oheod. neXl Question.

Q. IBY MA. AOOEAMANI Over 200.00 oil 109e1her?

....... ;:t..n tcgeU'Ier. okay.

Q. Hovv much does tnot come 10, what you JUSI

; esu fied \oi

THE COURT: Well. I can do lhe m tnh.

THE WIH~ESS : Over 200

Pogc 79

THE COURI: T;me ;s l;moted.

Q. (BY MR. ROOERMANI Is ;t no1 true that 1ha1

money carne irom oh~ money ;:hat ""'as given lo.you .as a...

resu lt of the sale of the house when you got S-400.000?

A , Yes. !tis

0. When Levvis gave you the c heck for 516.000.

vvh•ch is the s ubject of vv.te·s mouon •• iihh motton

~or ~ntorcement contempl, emended motion. V~~halever tt

•s. is lha t · - did he tell you to hold 1hat check. th~t

he hDd no monev in thE' bonk account?

A. The c~eck we> 516.500.

THE COURT: Answer :he ques1ion.

0. (8Y MR. ROOERMAN) Yes or no?

A. He told me- to hold it from the l 6th ~nd deposft

it on the 20th.

a. 0k8y.

A. That's wha1 he 1old me.

0. So. you knew you were go;ng 10 hold 1ha1 check

for four d~ys because there was no money in the bank •

COrttct?

A. Correct.

Q. Let m~ repeat the Question. You knew vvhen he

gave- you the che:ck that you w<!re going to hold it !or

four days because he told you !he check was no good?

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0 "£S 0 1 t '\0)

A V~s .

no rnonP\'. haa coveted .. put e nough •n 1tta1 accoun t 10

covet tne r.ne-c .. :?

A . O.Jo. : d•d not discuss ' ' vv•lh Lev.ns, no.

Q . \1\'etr you IOIO by anybOdy to put the CheCk 1n

ano le! it bounce a s evidence 10 be vsed in this ca!.~?

Yes.

~.AR. hOOEAMAN: Your Honor. 1 have no funhel

ouesticns.

THE COURT: Any ttd.rect?

MS. ~.o'.Ai AGEI~ER: Yes.

REOoACo EXAMINATION

C!. !BY MS. II.AATAGENEAI Mrs. Kasman. vvha1. ol

.lnVth•ng. hc-s ycvr husba•'d 5:oid V~~ithin the past ~vvo

rnonths as ~o whethe/ he nad several million dollars

A. Levvts ones I h6d e conversation appto)nmotely

two months ugo . !:lefore 'N~ even had rneoiat ion -·

oHE COURT: Slovv down. Go aha;oa.

7HE VVITN£55: •• on our drivevvev oul!ide one

even•ng. so •• aid not hoillve 10 get 1 h is rat.

t Old h im whcu I think wes iai r .

THE COURT: The Question \N.:IS vvhat did your

husband say to •tou.

I HE.. Wl:rNE.-SS~ I nad satd that 1 thouQhl bervveen

three and ~ million. and Lewis said it VIolaS

doable to me.

C. !BY MS. II.ARTAGENER) Nov.. vvolh respec1 •o .,our

docvmen1s in your house. be-fore you rnove!j o u t of t:he

house vvhen the two ot you ,...,ere living together ·Nith ihe

chitoren. he maintained an office in the house?

A . He d id .

0. D id he have his pepervvork and c omputer there?

P.. Yes. he did.

0. Q;d he ta-.e his l&plOP whh him when he lefl

lhe house?

A. No. h~ lett the computer vvith us.

0. Did he also have a 1ap1op?

A. 1 don, bec;eve so.

0. Did your husband receive all of the ml!lil 1:0 the

hous~?

A. · No. he does not.

0. And does he receive moil tO a POSl 0ffice-

A. Yes.

C!. ··box?

A . Yes. he does.

0. P..re you 1amiliar vvith Post Office Box t~.60546.

21 (Pages 78 to 31)

Pleasanton, Greenhill, Meek and Associates 561-833-781 I

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0 Do you ha ve access :o 1na t post otf•c e box'

A ~o. I do n o t .

U. On you l(novv ·Nhethet ne tece•ves stateNlents 'r.

·,out name a t t he post oH&ce box?

MR. AOOERMAN· Ob,ecuon. move 10 sui~ e .

THE COURT: Sus1aoned.

0. !BY MS. KART AGENERI Did you uy ro ge1

stoternents? Did you tty to order state ments from the

tank in Cm;ha, Nebraska?

A. ~les. I did. and they did ~ell me that.

MR. RODERM.C.N : ObJeCIIcn. hearsay.

;'"HE COURT: !Ous1ainec .

The ansvver es yes. I did . That's okay.


Noth i ng funher of t ht s witness.

THE COURT : Okay. Srep dovvn.

! have another hear ing. Let me ~:sk you t h i5 .

How much time do you need to c;::,mplete the

presenta110n oi your case?

MS. ~AT AGENER: I vvould s;;y :!0 minut es.

Pag~ S3

T HE COURT: A ll righ1 . And hovv much time do

you need ""!or your case?

MR. AODERMAN: Same time the peti tioner took.

Your·Honor. probebly a boutl.VVO hour:!.. maybe o

linle less . an hour.

THE C~UA'T: Okay. We're doing 1h1s 1oday. I

have 8 hearing r ight novv that"s scheduled. I'm

not sur e if irs going to take the full hour

thars ~cheduled. I want you tolks to stay and

as soon zs t hey're done. vve·re go1ng lO

,econvene .

MR. RODERMAN: Your Honor, I h ave an ahernoon

st:aning at 1 :30 toda y that's like ,almost:

impossible to change .

THE COURT : We·r~ going t o go through lunch if

vve have t o. Hopefully, vve11 b e done by 1 ::?0 .

Thanks .

!The p roceedings recessed at 1 1:10 a.m.l

iThe proceedings resumed at 12:02 p .m.)

THE COURT: Wt're going to go until ebou1

1 2:40, so you heve about 40 more minu tii!S. So,

Ms. Kanagener. you really need to get right to

lhe he an of the rest of the case.

MS. KARTAGENER: M r , Kr ;del ;s n c lCI.

THE COURT: Come on up, M r . Kridel.

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MS KARTAGENER .l.no . "f'ou' i--tonot . I vvould

tnvoke \he rule

THE CCIJRT Too IVIc?. ·;cu ~1.;.r.e:::J :,...E t"'eortng

already. 'fou nave ~o co :a c! l !he be?tf"'ntng 0 1

;he c.:tse b~c.ause I can1 unpc., s.on vvhat·s o~reodv

been oo•soned .

(Where-uoon . the Witnes! ~roves. S.VYOH'I by the

Coun. l

THE WITNESS . I do.

Whereuoon.

M ICriAEl KRIOEL. C .P.A.

Called as a Witness by the Petit1oner. and being by ~he

Cou, first duly sworn, tes t i1ied ~ s ~ollovvs :

D IRECT E..'<AMINATJON

0 . IBY MS. i<.ARTAGENEA) Stare •1our :lame tor rhe

record. please .

A . Michael Kridel.

0. And you1re d C .P.A •. licensed •n tne stele of

Flot~da7

A . Correct.

MS. KARTAGENER: Mr. K,;del has :<.>srified

before as ':0 his backgrc,uno in front oil f

.Judge 8unon. so --

MR. ROOERMAN: I'll s1ipulate 10 h•s e><oeni se.

T HE COURT: A ll you do is ask que s tions ano 1f

Page 85

there·s no objection. go ught to •t.


Q. (8Y MS. KAATAGENERI Were you retained by

Eileen Kasman in conne ction vvi1h ;hi s manf'r?

A. Yes.

0 . And is yovr retainer &g re!:menl tn tt-":is noleboot.;

at Tab ~?

MF:. ROOERMAN: I'll s1ipulere : o 1he adi'Yloss•on

of his retainer agreement .

MS. KARTAGENER: Oka•t.

THE COURT: NeX1 :"'umber is sev!!!n .

0. (BY MS. KARTAGENERI Your ·l ees. cos'ts- fees

a nd cos ts that •were billed in thi~ case. ore you r

statem ents contained wilh•n lob Numb£r 6 o-f the E.xhib;t

Numb~r 7 ?

A. Yes..

Q. And with respect ;:o the summary o1 the

accounting services that were billed. there's a

c::mection for M r . Roderman's copy w ith in Tab Number 6.

The total that has beer. b i lled to dat~ by Oa5zkal Bolton

is?

1>.. 52.960.40.

Q. Okay. And the item tha1 V\I'C:S shovvn as 116.

1007. :or i4 ,284.60. ·""a~ ;;hat o pavme:nt rather ;.han e

b i ll?

22 (Pages 82 to 85)


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C Okay, And under .. lol:t-vv•se. undE• •en. rne I ~ -: ,.,.,...,.,..ary oi 02'vments. . 1he 1orol oavN"~r-n1s n'.coe to Ca!.:~>.cl

Sol ron by Mrs ~as.man '"'as.>

..l A total oi S50.000. COI"Y'OOSEC' of SS.C•OO

0 And that chang~s Tab Numb~, tO to a (OUt l of

550.625 ror th~ summary of o~yrnents mad~ by V¥of~ 10 5

otn~r ptOV'Ider s. ,nc.luding the med•ator. 1h~ fust 9

med•~uor . 10

And the f,, Sl page •S. lia..evvise. under Tao 1

•S co,ecud 10 reflec.l ';hose numoers 'ln Oas:tkal Bolton.

Oasz.,a• Bollen. ~2.960 40: ohe !.vOto1a1 of costs and l3

.il..llt money at 56. '785.40; ana the subtotal ot costs. and ··4

Su•l monf'y incu11ed ar 69.577 .52. lhf!" 101~1 onorneys· 15

tees. costs, and s.uit money 1hr ough February 13th CH 16

l92. 745 .02.

Mr. Kndel. have- you done 6 llfesovl~ study tor l8

th•s case7 l9

A. I have . :;o

2 1

the motions that'S reievent to?

MS. I~P.TAGE.NER: lt"s reiPvant 'o ctilicv to

pay for ~urpo:ses of contempt purge.

"T;HE COURT : Tell me hovv •• g •v P 1"'1"\e a case cat• 25

Page 81

authorrrv under F loridz lavv th~t sevs that

prepet, t ion lifestyle •S relevant 10 cbiliry \ O 2

pey l purge a year and a half atter petuion 3

MS. ~RIAGENER: r don't h&vtt anything ""ith me. ~

Your Honor. 5

THE COURT: You ne~d to have u.n authoritative 6

posi1ior. icr evidenc.e frcm novv on . Ooher:vv·s~ -- 7

I m e en. I can ta)(l! vour lime rec.e•v•ng that. It 8

may be relevant to alimony. It may be retevent 3

to other stvH. 10

But, M~. Kanagener. you'-'e tr•ed oiJ !"'lumbet of 1 1

contempt casll!s. Is 'iherE something about a 12

lifes:yle s'udy which is an exoll!nse item ~het can 13

help me detll!rmine h is ability to pay thll! ~utge? 14

If it is. then introduce ;t. 15

MS. KARTAGENER: N o . i1 really isn1 ~1lhis 16

point, Your Honer . 17

THE COURT: Okay. 18

MS. KARTAGENER: And 111 withdraw 1h'"· 19

-oHE.COURT: Okay. 20

0. !BY MS. KARTAGENERl Mr. Kridel. have you mel

Mr. Tringali, the husband"s forensic sccovntant7

A. I have.

a. Arld in conneC1ion vvith the discovery maners in

ohis cese. you were pres~nt in court vvhen .Judge 8unon

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voon the iac: thOt I rne t JUS.t prtor ;o tr'c- terncx;rary

3 1 !.1

0 . And oth~f' than-· can you please summarize- ior

rr.e r.:oun the! documents trHtt •tou Vvel~ oble 10 obtain

trorn Mr. Tftngali in this cose?

A. V~ry fevv. act ually. f\.1\r. Tr •ngah anel I

revievved a rnot r i)l; in my otf•ce o i documents that we

thought we vvould nt!ed. And together he !lnd I id~nt1fi~d

C::ccument s '!hat he haef. documents th-.1 he vvould reaues•.

dnd documents tli! vvould pursue. The tempor ary •elie i

:"''earinQ vvas subsequeno to 1he1 dau~ and realfy wr

tecetved nothing subslanuve subseQuent to the temporary

relief Mearing.

0 . And do vou recall the temporary relief hearing?

Was 11 August 2nd7

A . Yes.

0. Let rne s.novv you a document horn your s elf.

DCTually 10 me. but hem Mr. Tring.&li to you. W ould you

1dentif.v 1hat. ple ase?

A . ";"es. This V~~OS do1ed August 2nd. vvhkh vvas tt"'e

Page 89

da1e of the temporary relief hearing, ana conaains some

of lhe documents that Mr . Tringeli said that he hed in

his possession.

MS. KARTAGENER: Okay. I wou ld move 1t1is imo

evidence as the next exhibit.

MR. RODERMAN: No objec1ion.

THE COURT: Dl<&v'

0 . !BY MS. KARTAGENERl Afler Augus1 2nd. c;d you

1eceive any funher oocumll!nts from Mr . Tringali?

A . I don't believe so.

THE COURT: Wha1 """s Number 7? Bec a use you

gave me eight.

MS. KARTAGENER: Seven is the boo~. • S 1he

notebook. vvtth fees. costs. and up-to-date

information.

THE COURT: Okay.

MS. KART AGENER: I hDve nothing funh er of

Mr. :<.ridel.

THE COURT: Okay.

CROSS EXAMINATION

0. !BY MR. RODERMAN) Mr. Kridel. hovv rnvch have

you been paid to date?

A. As I previously testified. $50.000. . Q. How much ts ovved to you to d&te '?

A. Ac:;proxima1ely S1.300.

23 (Pages 86 to 89)


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Q 1 300 7

A Correct

C So. vour :o•al fees :c dcte ::re 51 .000 ana

A . "iha t ·s correc~ .

" '•"thdraw th~t

Ha;..,e you had access to the VVeiss & Han d ler

pr oduchon control sheet?

A No.

a ll the financ ta l documents that have been :iubpcenaect

:rom r eccrds custodions 1n thi s case?

A P•ooably not because I believe that sorne hav~

bee n produced recently th at vve have not r ece•ved.

a. Okay . T he dale In connection \'VIth t h e SSl.OOO

~o~VOnh of ::ef"'Vices that you and/or your firm h"ve

render e d to the Wetss & Handler fi rm. can vou c ite to

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;:ne coun any evidence that yov may have that lew1s h~s i 9

hiC:dt.n c.asn accoun1s, assets, propeny. s tock OV~~ners.h•P. ~0

onything ""'hat soever? ; ,

A . Cons•stent- I'm sorry. Are you done7

0 Go ahel>d, yes.

A. Consis1ent with my previous testimony at the

temcorary reltef hearing. because' we'Ve done- no

Page 91

substanttve vvork s •nce that day, the a nswer •s no.

0. O~ay. So. tt\e relief h e&ring you're telking

about h ippen ed on or o;Dout August 2nd. I believe-. before

.Juage 8ut'lon?

A Corrf'!'Ct.

Q And ~ven 01 ":h81 tim~ - I believe I asked •tou

almost the same question. At that time you a lso had n o

inicrm.::nion whensoever :hel 'NOu fd leed ~nyOody tc

conclude even a SCinti lla of evidenc~ \h at ~.11:-. Ko:H:"\On

has money?

A . I suppose- it could depend on h ow you deiane

scintilla.

Q Well, o:jefine il any Way you want t o answer m ·,r

question. Tell the judge what you found.

A We found n o evidenc~ thal we'\le been able to

deter mint.

·3. I made a n opening sunement thet the Kasmans

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ca m• down from New York in or lObout September af 2003 lB

ond they had w ilh them at that time ~ little under :wo 1 9

million dollars. Do you agre~ w ith that? 20

A Yes. 21

Q And from vour - '..he sef\lices yov rel"ldered

vvhere you revleYIIed all kinds of financial statements.

bent accoun1s. would •tov sey the money j u st got

diss;pa ted and spent iO the poin1 where their housE- vvas

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procedutes. yes. but """e've nor corr.pleted allot ovr

:Jppr o>nrnat ely o m•llion seven or a mtlhon e•ght over

~he tour year$ :hat they lived tn Flortda?

,j.. ' '•eo no1 complet ed enougn of my vvork !O

"~:itn ttely onsvver th;n question

Q. How much more money do you ;.h. nit you have to

sor-nd t O C"nsvver then ouestion?

MS. KART AGENER: Objec1ion. ;hat's

orgumentative.

THE COURT: Svs1ained.

0. IBY MR. ROQERMANJ Qid 'Jou teview documenls

~hat ' ndic cued that the to:.asmans 'VVerf! out ot money as oi

sometime durfng the e&tly pan o~ '07?

A . Most o f -:.he bank accounts vvere depleted . The

c h ildrf'!n·s accounts vvere depleted. -~nd thert! vver e some

o1her ~ssets. but n one of which 1 have hard evidence es

to their e>c tstence. o t her than ohe husband's 1inancie l

ofiidavtt.

a I'm JUS\ going 10 Heed lig htly vvith this lest

oue:s;tOr"l beca u se it may not be 1hat televant. 2ut ;:he

point •S •n '06, '07. you dido lifestyle study. So.

Page 9J

..,.,,..H! t ""·ere rhe Ka$rnans spe nding a month. rougnly. during

A. I cen benl!' r ansvvet 1het from rnemorv based on

annual exoen di1utes.

Q. S ure,

A. In 1he yEat 1mme<tietely p receoing the del e o f

Wing. the Kasmans vvere spencting 3pproxirnately Sl ~.000

oer :'TIOn th

0 . Di~ I not se~ a figurE some•.'Vhere where thev

vvere spendtng sometning like- 316.000 a yeer7 VVas that

yOv t numou! ,;\.m J in tne vvrong case(

A . I don't thtnk 1ha1 'NOuld be my number b&sed on

l -.1 .0()(\..pet.month ~)(penditure .

a . Okay. And do you IKOII seeing documents that

evidence that ihe house in The Caks wes ·in forecl osure?

A , I did.

0. Okay. And. as 1 maner of fact. payments vvere

no1 rnede in connection with t he mein,enence of t het

house ior a period IJf seven months or you don·c knovv7

A. Thars savorel months.

0. Now, w hen Mr. Tringali was in the case oc:ting

as ouc io ren~ic eccounu.nt. did h e give you total

cooperat io n?

A. To the eX1ent 1hat he could, I believe so.

a. Qkav. And did you become 3YI.'.3!"& Ot some point

24 (Pages 90 to 93)

P leasanton, Greenhill, Meek and Associates 561-833-78 11

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::J\..•11)

~..,.,f:!. . RODE RMAhJ 1 have- no ru,ne• aues1ions.

ihank yOu. S.11

f'lEOoREC1 EXAMINA110N

0 16Y MS. K.ARTAGENERI Mr . Kridel-

MR. ~ODERMAN : '(our ~onor. o nly because u·s a

1irne factor. I'm go•ng 10 ob,e-c1 10 an·, documents

?Oing tr"''

THE COURT: What~~ ot?

MS. r.ART AGENEA: rm not pu:1ing it in1o

ev•dence. This vvas a :;chf"'ute o1 est•mcued net

monthly •ncome of 1he oanies that ""'ent •nto

vvas JUSt rcs oond•ng to Mr. Roderman·s

quest•ons -

THE COURT: You don1 neeo to do th•"· I got

... Q (BY fVtS . . i""..ARTAGENERl Mr . Kflde l. are you

~omtliar \"VIlh ";his accumen1?

A. lam.

0 . v"Jhat does I he 5341.0CO number •r.dicate?

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...\. Tha1 vvOuiCI be an •mpuled amount oi income based 24

upon t;he life~tv:e f:')(penditures. so bas;cally 11 backs

it IJP to ""'hat .ncome- ~ould be for taxable income.

0. O~av. And how is that different than t he- -

V~.~hat you were using thf! S14.000 & mon1h figure Iori

A. Th~re are differences for tax consequences ci

THE COURT: Anything fu nher?

MS. K.ARTAGENER: Yes..

G. !BY MS. KARTAGENER) Of the S51.000 that vou

billed in this case. apptoxrmately hovv much \IVOS directly

anribu1able 10 the husbonc:rs fai lure 10 provide

discovoery and our need 10 pursue 1.he discovery ;rom

third parties?

MR. ROD ERMAN: ObjeCloon. calls for

speculation.

THE COURT: Is thet "foundation? I have n't

yet heard there's been a discovery violation.

mean. f hecrd Ztbout a meeting bel"\o'Veen

accountanl s . r hllive not heard there is a

discovery violation.

MS. KARTAGENEP.: rll tie mat up because I'm

going lO testify to ;hat. A lot of ;he pleadings

v>~ere in the record a lready.

"THE COURT: All right. Go ahead. You can

ansVYer ihat ,f you know.

THE \f\itTNESS: We had reviewed aU of our um~

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th~ temperer,. relief hear•ng that 1 oeueve •I

"""~s upptox•n..,a•ety S.13.0ao ot our tees

MS. ><.ART.a.c;Er -rE~. :r.anto: y(')u. :'1Jc1h•n9 iunne r ~·

T;...;E ·::OURT . Thanks '':"au may ~1cp ~ovvn

0\Je)(l vv11 ness .

MS. KART AGENER: !"m lht> ne>n ~01ne:ss.

Your Honot.

(VVhereu~on. the VVrtnE.5S vvt:~ !:;YVOtn by lht

Coun.l

"THE WI1NESS; I do.

7HE COURT; lestity from there . Go ahead.

Whe~II!UPOf'l ,

CAROL A . KAR1AGENE?.. ESQUIRE.

Called as a Wi1ness by :ne Petit•onet. and be•ng by tt"\~

Court firs t duly 5worn. ~est1fiea a!i lollo.......,s ·

DIRECT =xAMINATICN

MS. KART,>.GENER: Carol Kane9ener: rm ;;n

enorney employed Oy Weiss b Handler: edm•ned u'\

.2004; board centfied in marnal a n d family lavv .

I r eprese:n1 Eileen Kasm~n in ccnn~c1ion vvith th•S

r.'lener .

I have vvhat's been provided to Mr . Rod!'rm..,n

previously and fv'l t . Kridel hes tesuf•ed from.

E.xhibit Number I .

THE COURT: If's in @videnc e

MS. KARTAGENER: EKcuso me?

THE COURT: It's ;n ev;dence.

PJge 97

MS. KARIAGENER: Yes. Well. aClually, I Oidn1

l't)Ove it tnto evidence becaus~ most of1he

oocumenr.s. in here penoin 10 our -:>ffice. but J've

•ncluded Mr. KrideJ under the exoens --

"THE COUR1: Do you have any -:>bjection to both

oi '!he laV~.~yers' oc.counting ~·lis c oming irno

evidenc e?

MR. RODERMAN: No.

THE COURT: Okay. In e•,idence.

MS. K.ARTAGENER: Then for Your Honon

edification. there ·Nas a summary sheet under

lab 1 tha1 talks about th~ total fees. cos"ts. and

suit monies. and the breakdown. and 'there's an

index.

I HE COURT: Okay, thanks.

lvlR. r:OOERMAN: Your ~onor. ml!y I just make an

inquiry?

T H E COURT: Sure.

MR. ROOERMAN: "There are a bunc~ o1 items there

tnat are redacted as fat as !h.: na'iure vf

services t haven't seen.

15 (Pages 94 to 97)


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1 announceo on !hf record. oy r~ason " ' H"'e i2c;

:hat then~· vvas. a ~: 4 .000 eu or thbt \l'\las dOf\1! tn

And. ''"' roc.1. our ft>es ana cos1s were 514 .000

tess th&n vvhat •t was. So. 1\.oe conee1ed ,,..,lH

MA:. AOOERMAN: Mv concern tS you're ne-t wa•v•ng

bnorney-client prtvtlege-. are you?

MS. KART AGENER: No. vve're not vv~iving

anotney-client prrv•lege.

~ovv. my billins ro t e ::nd z,fl of \hot is •n

thete •n term~ of the ,summer.y, ~o . Your Honor .

fll dtspense VYith that

I have calcul a'ied the tnter~st ·· i!::CTuallv. ·.ne

interest has been calcul~ted c~ o soh"""art>

program at my on-•ce. ~A~hicn vve use base<:J on

1 1 p~rcen1, <!nO I havE a summary of the .nu:rest.

vvh;ch comes :o $1.016.83. Th;s •S based only-

1\IIA. ROOERMA~I : S t;pulat~d to.

THE COURT: Okay. You cton't need 10 •ntToduce

it. They stiouuned to it.

MS. KART .:>.GENEP.: Ok•y. Than~ you .

Pnef 99 1 - I

THE COURT: ..A.nd ther ~·s a per dJem vvilh 1hat. r I assume?

MS. KARTAGE'NER: A per d;.,m vvi1h -

THE CCURT: w;th the interest.

MR . ROOEAMAN: I'll stipul;;;e ;hal tl can be

calculiHed if they don't have it. based or"! o

365-day ye• r.

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THE COURT: Ok;;y. B

MS. KARTAGENEA: I think there •S. S

MR . ROOERMAN : I'll s;ipula1e to that. 10

Tnc COI.JRT : Ckay. Bu1 that·s the amount. the > 1

1 .016.83. through wha1 date? 12

MS. KARTAGENEA: That ;s through tad•v's date. 13

And that is solely vvhh respect to the suppon. 14

THE COURT: The <12,500. 15

MS. KARTAGENER : Yes. 16

THE COURT: Got it.. 17

MS. t<AATAGENER: There are several pleadings. 18

vvhich are in. the covn filE . 111 ask you to 19

tak~ judicial nc'tice o1 them, b u t t have copies 20

for you. 21

THE COURT: H!re's vvhat i need to know in a 22

me1hodic21 basis. Your seventh motion for 23

contempt claims noncompttance -with discovery. ~4

MS. KAATAGENER : Yes. 25

;·~gc ;oo

1 ht: COURT S o. tor each cc"~gorv o i

n oncon"'pltance. I need 10 sec or knovv o; lhe

: esconded . •f onY1hing, ·.-hal ;nen h eo~cned ne)r1 :

CJ"'"~d onen. ·Nhe re vve ore 1oday on those rssue:-s. cha;

vou cl~irn are still outsu~nding: contrltlry to a

coun orc:Jer.

.\•S. KARl AGENE.R: Okav.

':"HE C::>URT: So. ;he key is. for con1emo1.

.:onuory to a coun order. So. here.'s my

~uestion for you . Dealing vvrth the seventh

mot•OI'l for contempt, is there an order that

..,ou'te claiming thE' husband hos violated?

MS KART AGENE~: Yes . I've c;trven vou tvvo coun

orders th&1 vve.re- tesuhed from S:-45 mOtton

calendar hear ings. And it reouired Mr . Kasman to

prov•de the discovery \Nithtn a cenain t if'""'l"" t'

penod. And then there vvas a later order vvh •Ch

gCtve hiffi funher extenston. T here vv~s an

orig.nal one tha1 was on the objections that the

~oun h&d overrt..Jied. I didn~ prov•de "that to

yOu because -

Page lOI

THE C:::lURT: ; hav~ that.

MS. t<ARTAGE~JER: Okay. So --

THE COURT: Welt. there·s an agreed order

granting vvife's founh motion to compel discovery

3ncJ tor sanctions.

hAS. K..ARTAGENER: l h ot concerns a deposition.

and thet vv~s token c.er e !){..

THE COURT: So. I oon~ have ro look ~t that.

MS. ~<;>.RT AGENER: There are tvvo other orders

ond-

MR. ROOERMAN: I have a ptoposeo st;p ula1ion

~h~t m ig ht save a lot of time.

THE (;OURT: Go aheed.

MR. ROOERMAN: Because othervv;se she's going 1o

Mave to go through the interrogat ories. the ones

lhet 'Nere not answered right, the order

compelling us·· to· ans-wer more Information. give

more information. et Cl!lera.

The stipulation that I would propose to

petitione~s counsef is if she ·Nill identify

specifically vvhat the-y are now lacking in

discovery. vve wiU re~pcnd immediately tn our

possession. com~ view it or copy it or vve• l I

.:leliver it 10 you. or not under our controJ or in

our possession. and m~ybe resolve th is one! and

26 (Pages 98 to 101)

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:or el l QUIC'<Iv 01hcr.v•~2 I oonl thlf'"\": vve con

:'\1\S K..ART..l.GCNER Your Honor. ""'e"ve been tr;•ng

·o •tsorve 1 h1~ s •nce . .::.pnl oi :::'006 .. .:"007

1 HE COU R1 · Here's. the thong . Th~re '.s, dn order

oi ,_..ay 22. 2007 ..

~S . IU>RT AGENER : A nd Aprol 1Oth. OliSo.

THE COURT : Well. I can only Oeltl with one 0 1 a

tim~.

-- that savs 1he husband has 30 tjays tro m the

a a t! o f th e order t o orovlde ml!lndetory

d isdosute . h i s a n swe-rs to interrogatories. and

resoonses to t he vvife's reQuest 10 produce,

•ncluding documents . In the ~vent he fa tls to do

so. h :'ll pay the cost of obta•ning documents

from thud pan te s .

And. so. did he provide mandatory disclosures?

:\AS. KARTAGENER: Ye~. but i' was incomplete .

THE COURT : Cid he provide answers ro

int errogator.es?

MS. K.ARTAGENER: Ye,;. bu' :hey ""ere incomplete

THE CJLJRT: Did he re:sponU to o.he reques1 to

Pr"Oduce?

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THE COURT: And did he send documents vvith :he 25

Page 103

response?

MS. KART AGENER : Yes. a nd it wos incomplete .

THE CO't;r-n : To the extent tha t it vvas

incomplete. vvas- did the w ife seek to secure

the incomplete discovery 'through !hird-p.onv

s u bpoena ?

MS. KARTAGENER: Yes. I d id.

THE COURT: Ckay. And vvas that thord party - ·

a re t here still d ocuments thllt ·- so. end has -

vvhat is the cost to t he wife o f that?

hilS. IU>RTAGEN ER: The cost to ::->e wife is the

majori ty oi our f ees as of August of 2007. I

have ll schedull! for that. as to -:he amount of

tha t. I will be going through that. I just

marked some of the other d iscovery.

THE COURT : This is the cost of obtaining the

documents that you claim the former husband

failed - had in h is possession and con trc.l. but

fei!ed to provide.

MS. KAATAGENEA: It's not on ly that cost. b ut

a l so Judge Burton ruled t hat vve vvere entitled to

anorney's 1ees on a l1 of our discovery motions;

t he amount vvoutd be determined in the future.

And that was the p u rpose of scheduling this

hearing.

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:.1\ ~ r .. p Ri AGCNER 1 ha: ,...,as one of the .. Hlat •=>

·-'"av S.::>. d•U \'Ou 'JOtC.•n th•Ough tn Ho-pany

.iubooenc :he d•!.COvery th~t \'Ou >wvere ~"s:s.ng?'

•viS KARTt>.GcNE<; · Not b ll o r ;,

THE COURT : 'Nell . and is 1hettt a schedule ?

MS K.AR1 AGENER. ·fe<..

IHE CC'JRl · S o. ·,-ou ·re szving b e r,.:veen ...-vhat the

have already reveal~d. the re: arf! still miss1ng

•tem!..

lv;s !'J>F;T ->GENE A· T hars correct.

I HE COURT : Ano dots lhe husband .• are those

'" th~ manoc!ltory ~· sc.losut e ar ea?

MS. K.Ahl AGENE ~· lhev·r ~ tn mandotory

ctsctosute . 1he ,~sponse 10 teQuest to oroduce.

o nd •nH~Hog&torte~. !ln d all of ihese vvere

ona ched 10 o r.ot motions ond they are olso

anac"ed 10 mv cvrrer.; mouon tn front of '_.tOu,

U'\t- seventh mot •o n And I hev!' those todav.

THE -::CuRT So. :er·s deal vvith t he mandatory

:J•sc•csute . The •tems that s t•ll are no1 - have

not heen produced 1ha1 ,;,re reQuired under

Page 105

m~ndiuory oisclosure are ·N h a t h=ms?

MS I()>RTAGENEA: Okay . .Jus; one moment.

T h o 1 •S. E..xhibit t: 10 the motion.

THE COURT: All ,;ght .

MS. !'..ART AGENER: And I also have lor you a copy

.")I thE- t'-lusband"s rr.anoa tory disclosure. but it's

'" -:he coun f1Je.

THE -:::CuRT · All right. So.

~ccoun1an1 T ringcii, have you seen E..xh•b•t C to

the sevt"nt h motton for con1emo\?

MR. TRINGALI: No. I haven, .

THE COURT : \Ve-11. i 1·s anached to it.

M£ . K.Ar:::TAGENEn: I haVE ;.n extrc. copy 'tor

Your Honor.

THE CCUAT: And. Ms. Kartagen er. vvhe~e it says

descrip1ion and memo. ~ ht! items that are -- 24

items. a re ite-ms required by manda tory d isctosure

lho\ V<iOS :-'IGt produced by 'the husband t t-. at he -

thot 2,e in e:'l(istence and have not been

Obta;nable through third-party SUbpoena.

MS. KAATAGENER: That's correct.

THE COURT: .::>.nd ;here was an anernpt 1:0

subpoena them?

MS. KARTAGENER: Yes. ther~ ""'ere. and W"e have

not gonen fuH comp1i2nce from the 1hird

27 (Pages 102 to 1 05)

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·.~e"\.·r CJOT1~.., sorn t:" rna••·•"!. anc some cornctaance

Some 01 tn~m n a "'e no t cornot.e d .01 "" I c tso

100"- deoos11ron~ •n Nevv Vork. .

THE CCUAT Well . for example. Number 13 says

ior m a n datory dtsclo sure. •nc.ome . the husband -

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Oec~mber o f '06 c1nd February o i '07 . Thors 9

;n, t'e rncnths. c.otr ee1? 1 0

MS. KARTAGENER: Co" .. "'· 11

THE COURT: And 1ha1"s pan of manda1ory 1 2

cs!scaosur e?

MS. KAI'<TAGENER Yes.

THE COURT : When vvas chis cas! filed?

MS. K.ARTAGENER: I believe tt vvas Februaty

2007 .

THE CCiURT: Okay. All toghl. And 1ha1 1h~

husband dicJ not prese n t ev•dence of e arned

.ncome.

MS. KART AGC:NER: Thai"S correet.

THE COURT : Ol<ay. Novv. did the h usband

indic.ate thii\ he h ad ev•denc :! of e~rned income?

MS. KARTAGE ivER: No. he did nol.

THE CGURT: Well. hOIN am I goil"\g IO - see, t•m

Pogc 107

puning h im Jn jail today. And this says

handcuH him because he has not iu rr:ished to •tou

evidence ot earneo incomE.

MS. KART AGENER: Your Honor. 1n my discc· .. ·e-ry up

in New 'York and in Florida. I h ove collected no

less than seven diHerent personal ftnanc.ial

S\CHementS ;n vvhich the hu!';band c:aims that he is

self-em ployed. eerning betvvee" 200.000 to

500.000-plus-plus per y e3r. vvith assets from · -

l"HE COURT: Okay. Eervveen December of "06 and

Feb•uary of "07?

M S. KART AGENER: No. beTWeen 2003 and 2 006.

THE COURT: Remember, this is a discovery-

mandtnory d isclosure is something thot everyone

a utomatically does. t-1 ~ h as to furnish to y o u

eat ned ir.come - evidence of earned income if

there's no pay stubs, from Oecemb!:t oi '06

throuQh February o1 '01 :

MS. KART AGC.NER: Yes, bu1 to lhl' -

THE COURT: Did h e - w as there a r!'sponse 10

manda1ory disclosure fil ed?

MS. KARTAGENER : Yes, 1here was .

THE COURT: Okay. Whel did he sav in thNI! was

the answer to that item7 Did he say none o r did

he ~av some1hing els e ?

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Po~c I OS

MS. :<.ART AGENER O l het . none

T H € COURT So. none- rS the ansvver . nonE

MS K..ARlAGENER -;,, ~, · s co••ect

THE COUA'r : So. htjw do I-

MS KART AGENER· eecause . ':'ovr Honor . he Olso

during th e t•me pet• od vvhen 1 tound svvorn

personal financ•al s t~tements· tha t hE vvas

self-~mployed. lha1 he vvas earn•ng income. he has

atso te!.ti fied that he was not ot ~ hot t•rne. I he

husband-

MR. ROOERMAN: ObjeC1ion.

THE COURT: !-iold on. 5 ee. here s 1he 1hing.

This is a discovery dl!'vice .

MS. KARTAGENER: Yes .

THE COURT: It ;;sks 1ha1 11,; mendoiOt&lly

disclose earned incomo: fer 1he thr~f months p,.c,

to the ~~~~ oi the: peut;o n H e resoonds Cv

MS. KARTAGENER: Yes.

THE COURT: He's complied vvith the lavv vvhen he

:-e :.ponds and says none-. It rnav not be -:rue.

MS. KARTAGEN ER: Okay.

THE COURT: I~ ""BY ask how tall are you a no he

may sav J.-;. but h e at least re~po_nds . Th•s savs

Page 109

documents n ot provided for which he should go to

Jail. But ii I put h irn in jail. I hove to give

him 1he opportu n ity to p u rge . He's sayi ng none.

So. he's complied, hasn"l he, ·"""ith manda1ory

disclosure on 'hat item?

M S. KARTAGENER: Yes. he h;;s .

THE COURT: Oi<ay. So. why i s 1ha1 -

;v.s. KARTAGENER: If ,,·s 1ru1hful.

THE COU RT: What?

MS KARTAGENER: If i t"s uulhful.

THE COURT: But 1ha1·s a separa•e mane• . il

it's tru1hfuf.

A ll right. So. here's my ques1ion. because I

don't have the response in ;ront of me. Did he

respond?

MS. KAATAGC.NER: Thi s is the response.

T HE COURT: Okay. let me see his respons•.

sure.

MS. KARTAGENEA: It should be in 1ne coun

file.

THE COURT: This is the response :;nd l he

su pplementary response. T his i s all 1he -- so,

let me see here. So. June 2 1 . mandalory

disclosure •esponse. Ckav. The affidavit

says- okay. The f i tsl i1em I h ave to focus

28 (Pages 1 06 to 1 09)

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Po~eiiOI en · · oec~use •n the o r Cer •s ban.._ occ-oun15.

fiCJh1)

MS. I'.AATAGENEA· Coneet .

bonking occouncs ~nd he s.oy5. onache.C! . So. ~e

savs I'm g•v•ng you my bank accoun1·S :or ohe rast

three months. Okav. uue? ThaT's vvhat he s.a•d .

MS. KAATAGENER: Thars vvhat he saoa.

THE COURT: O~ay. But you say that the:e vvere

- that he has not comoliP.d vvi1h mandatorv

dis.:losure. vvhich requires o response.

MS. t<.ART AGENEA: out. Yout Honot . \voth

mandatory disc ~osure. as you know. unlike teouesi.

to produce. you have 10 go out and get thESE

documents ii they'•e with•n vour conHol antj not

just fn you1 possession.

THE CCURT : Okay. And he sa od - ·

MS. KARTAGc NER: Ana he Oid:-~~ go out ;;no get

these document s .

Tt-!E COURT: But thete's al<eady been an oroer

from che coun ~hen says a~ hE does.n"l get th2'i

to you. you can subpoen a them.

MS. KAATAG ENER: But that doEsn't prevent me

from going forvvard in fuf1her en;orcemenl.

Pag< Ill

T HE COURT: The-n vou go and Sl:y, vvait a second,

husband; you say that you're - the only bank

account5 vvithin this period of time to produce

a re Commerce Ban\< accou nts. Thars what he s;.\--s

h e ha s . . ~nd you say, no, you act ually h6d other

bank ~ccounts.

MS. i<ARTAGENER: Cott~ct.

TH'E COURT:' Ho-vv did you f i nd "ihat out?

M S. r'...ARTAGENEA: I found that out !rom some

·documen ts that th~ wiie - bi!.s and pieces of

documents :hat the wife had or names that she

recalled.

T HE COURT: So, hovv do I ~now that he had

berwesn Dec ember of '06 and Febr uaty oi '07 <.

Nenionel City Bon k. formerly knovvn os Fidelity

Fedet al. 8880 account? Hovv do I knovv1hat? And

he failed to disclose those statements?

MS. KARTAGENER: Well. for us to know th"

reference number, VW'e VIIOUid havE: had to have other

suntments on that occ ount.

THE COU RT : Okay. So. but how do I know ;hat

he _had t h at account? So. you 're saying there was

ac1ualiv o National City Bank account 1or lhose

three months in existence.

MS. I<ARTAGENER: Yes.

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IH E C.CUP.l · O kay And h e JU51 CI!On1 g •ve you

M S :<.ART AGENEA: Cotrec t .

lhrOuyh conve,scu.ons "•'''•"'•h 1he vvlfe .

MS KJ:.RTAGENER : ConveiS;Jt•ons ... , ,th lh£1' \'\.nit

end she recalled z particular bonk.

THE COUr.T: All right. So. :hen. ah~r ;his

:>rde' o f Aplil - rm sorry - · May o f '07. -1en

"~onths ago. ·you sent eve' what to the husband's

side. indicat•ng that there mav be aoctitional

ban\( account s that he's not re-vealing? W hal d id

·,ou send h im}

MS. KART AGENER: Yout Honor. I sent the

preoecessor to the schedule. l"'ve L!Pdated the

schedules as J JCceived the documents f rom ohe

thir d panies. We r."\a•ntain a production c o nHof

•ntern;;uly. so -

THE COURT: You've taken tht. husb2nd'>

deoosition?

MS. t<.A8iAGENER: Yes. I have.

7HE COURT: And dia vou ask him il he had a

NationaJ Ciry 8a:'lk during that period of l ime.

December '06 to Febtua<y '077

MS. I<ARTAGENER: I don~ tec"ll vvhe<her I askea

?ag< 113

him that.

THE CO•~•~T: Whet &boul 1h~ neX1 item. the 5760

Nat;onal City Bonk account]

MS. K.ARTAGENER: Same ttling. vve would have had

the •nforrnation if thtt wife r~co!lad a poniculer

bank 0' a nam~ of a bank. Because !he didn"T

have conuol o f these documents. 1 had 10

subpoena end contoct ve,ious-

THE COURT: Which yoc·re allovved ;o do. .And

vou·rE- saying vov did tf'\on and 1hey haven'1 given

you chese s1a1em!!!nts for --

M S. KAATAGENER: These~~~ still-- te::>resem

what is still missi ng. If you'll look at the

bottom on the computer list. this is an upda1'e a!:

of November l21h. which vvas --November 1 41h VIlaS

tne last evidentiary hearing befor& J udge Bun on.

THE COURT: All right.

MS. KJ>.R'T AGENER: So. t his is continuelly

updating. because my otf.ce isn1 looking tor

duplicate documents from him.

THE COURT: Allt;ght.

MS. KART.«GENER: And I have those s ame document

tis1s for the reQuest to produce and the answers

to intenogator ies. And vve have never received a

response 10 1his.

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THE ":'OURl •Jkay VVell 1he ml)nc:Jotory

:Jisc•osu,~ "': soonse on Cledtt cares •s to be

M P. h00E.RMAN: I dcn"'' hcnestlv \c.no""'·

"our Hcno• I ..,....c-uld h ave t o ask. the accountc.nt .

'Ne. vvould have o'o'"ded vvnatever :n 1he trrne vve

had.

THE COURT: There·s rvvo Sl,.PS 10 all this

::>roc~ss. There's o resoonse and then ;here's the

~oc:.~rnent~ . So. l"m givtn a response here that

says as to the c reda t caros for this vvindovv

penod of t ime when you nave 10 provide evidence

of deb; i. h a t the ans vver •s to be p r ovided.

M R. ROOERMAN: Whi!l happened. "four Honor. 1S

every s•ngle: consumer, b ank. et cet~rd, '"these

peoore·s lives. reco rds custodiens h a ve been

subcoeneed. AU the recotds have been produced

and a tl the records ':h&t Mr. Kasman h a d were

g iven 10 our forensic. accountant .

THE COURT: Sut lhey say that there are

a ccounts. two American Express. ~ Sloomingdale's,

an M6~. MasterC~rd and Sunlrvsr Visa that he had.

They'rE h•s credit cards. thra for th~ three

m onths -:hat he's teauired to produce statemerns.

he Still hasn'1 done so.

Pogc 115

MR. ROOERMAN: 1 believe 1ne reoson. :hough.

.end I hove to ask C•uol. I think 'hey alre&dv h ad

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everythang. They had subpoenaed. every1hing and 3

there ""as p roduction. 4

THE COURT: Well. bul she says 1hese are still 5

;:,utstending as of now. 6

And when you subpoe~aed ·American Express. the~/ 7

didn"t s end you those statements? B

M S . KP.RTAGENER: l;"s m y understanding thai 9

vv~·r~ still missing tl'let. 10

THE COURT: What did you gel. though. from lht.>m t 1

if you subpoenaed A merican Express? 12

MS. KARTAGENER: l know we got a lot of 13

statements. I don"t remember what. 14

f HE COURT : l m e an. do we know- see. here·s 15

1he thing. Ms. Kanogener. This is beyond just 16

discovery. This is contempt- 17

MS. KAF:TAGENER: I understand. 18

THE COURT: -- pur9"· He go"s to jail. He 19

~its in the- jail until vou get these documents. :Z.O

Okay. So. I need to find out whether vve-re at 21

the point where after asking h im to do it through ;:2

2 r."l a ndotory disclosure or tf"Qu~ st to produce or =3

interrogatories. and the coun c:ompelfing it. a n d 24

hov•ng disco,.·c;-y. ne still is not providing the 25

document s . c.her ·,ou r orooucl•on . .;ner your

te~::>ond .

record w hen I put nanocuffs on nu-n IIQt\t no"""?

f~R . ROOEP.MJ!.N : Your Hcror. !"\e --

.\1\S. x..ARTAGENER · Your H onor. these l i slS vvere

iHE COURT : In No¥ember?

MS. t<AI';TAGENEI'; . As oi Novembe r tZ;h.

THE COURT : O~'Y · But no"" ors February 27th.

MS. J<.AP.T .>.G~ 1• ER : i3ut : hao my ~ara1ega1 ;~o back

throuc;:?h the- o 1ne• cocument ! to see .t ~here was

anvtn•ng e ls f" . You h ove 10 underston~.

dc.n"t mean ~c b~tabor the ~·ubject . .Juoge B u non .

.n rhe last ev•dent•ary near .ng. Cc!ober 1 4th.

safd. you knovv. bes•C.311v. ~vervoody c ool it .

E.xchan~~. Spealt -: o eac~ other . let"s uv to get

th1s donE: •n tne; rn~o•c.t ion .

THE '::OUAT: Sut, se~. ~ou·re not cooling i 1.

You \NOnt him •n ja•l. And r could put h im in

jail to• ~he rest of his l ife right !"lo"""". meaning

until he proavc~~ thf' documents. Irs e n

ir.de t-,nite sef' • ~~' nce . Th• t':i-roC:cuHs go on. He

~OI!S to jai l and he S. •ts ; :,ere up co forever

because he has the .-bihty to p roduce ohese

Oocuments and he·s refu s ing.

MS. KAR"i"AGE.NER: Yovt Honor --

Page 1!7

MR. ROOEAMAN: Thete e re no docume nts. She

can"l even g e t 1hern vvith subpoenas.

THE COURT: Yc:-u need to • n•culate vvhertLt it is

ct'\a t he is say•ng •n o •esponse the document

exiS\5 and he·s just not tutning it over 'tO y.ou.

MR. ROOERMAN: Tnat·s not lhe cas ...

MS. K.ARTAGENER: Those documents exist from out

review of otner oocuments tha t vvere provided by

those entities.

You r Honor. f have for you E.:'<hibit Number 9 .

\Nh1ch is a list of docume-nts thai I had mv oHic e

prepare- of vvnat was gNen 10 us by Levvis Kasman.

And I just vvanted to cell your onention to the

fne1 Oh2:t there ~t«:- th~ f•rst :-wo pages. ""h-i ch

·Nere given to u s. vvhtch vvtl did not have beiote,

and !he second- the third and fovnh p•ges are

documents ""'h ere ihey cooied the 9etes-s'tamped

documents t,...al I h~d r&ce•v~d !rom Nev¥" York and

they gave il back to me. Okay? Not atl of the

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rHE VVIT h.IESS· I mean

l'>gc i?O I "THE CCun T H~re: · ~ vvha1 I need 10 knovv

''"' contemo• •i htt says '"'S '~ vvh3 1 I have- and 5

you find othet s or you be 1iev~ U"''ere·s olhcr bank

a cc.ounts Because h e •:5. cenatying. goes 10 his B

c r eoibiltfV, ;hat thars oil he has for mandatory :l

disc.losure. Sec&vse It's .a Otsclosurf. If he lO

says to be orovided. thEn ne h&s !o provide ;-. 1 1

So. are there those then he says he has. 10 oe 1::

p rov•ded. ihat ne h zsn"t turned over? :3

MS. KART AGE NE A: ~·es. and you've discusse<l some 1 4

of 1hem. 1~

THE CDUR1 : Okay. Ou1 has he - ~o. he hasn"t 16

!enl you the- .tlt.mcr•can E..xpre~s . Ck<!y. 17

So. raise your •·~nt nand. s;,, 16

(Whereupon, the Witnt=-SS wzs :;vvorn by lhe 19

Coun.l ::o MR. '<ASMAN: Yes. Judge. 21

'·Nhereupon. '22

LEWIS KASMAN . ::3

Coned ,;s a \.'Vitness bv the Coun. and be1ng by '.he Coun :~

first duly svvorn, testif ied as follovvs: ~5

E.Y.AMINATION BY THE COURT

THE COURT : Otd you heve b~t""'een- lhese are

all betvveen December of '06 and Febru ary o: '07 - an A m erican E.:'llpress account 04002?

THE WITNESS: Y~s.

THE COURT: ( )kav. Where are :he s1a1ements?

THE W ITNESS: The statemenls I geve 10 my

accounH;n1. """ho Slave lhem to her accounu~nt .

THE COURT · Ol:av. Mr . Tringali. r.ei:s_e ycur

right hand.

(\Nhereupon. the Witness . .,,as svvorn by the

Covn.i

MR. TRINGALI: Yes. I do

Whereupon.

JOSEPH TRINGALI. C.P.A ..

Called as a Witn~ss ' by ;he Court, an d being by 1h e Coun

firs1 duly svvorn. testified as follovvs:

EXAMINA TION BY T HE COURT

T HE COURT: Did you receive those statements

lhai your clien t just said?

THE W ITNESS: Your Hono,, I

THE CCUAT' Do you ~novv?

THE 'NITNESS: I mean. vve're 1all<ing abou t -

chis was a vvhile back. okay?

THE COURT· You mey not l<novv.

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7HE 'NIT NESS: Wha• ever 1 uo1 It om rnv r..lterH, I

lurned over

(..'<..AtV'III·JATIQN 8Y THE COUPT IOI Mt. '<asman. conunueoJ

~. ·HE COURT: 8u1 yuu 9""{) r~em. Slf. ''9h l i

THE WITNESS: Juoge, ·.rvhotever she 6~ked tor. I

!)01 and I gave-.

TMC COUAT: Okay. Ameocan E.,cpres_s 72005 . Otd

vou hav~ I hat acc.ount7

THE WITNESS: I oon'l •ecall tne numoer. but •'

n·s an e>Cisling number- ""'as an .,,us1ing

THE COURT: Bloom.ngdate·s~ ~76l. did you havp

a c redit card for Bloom•ngoate·s tor ;:h&t per rod

'=Jf t•me?

THE W ITNESS: Y~s. and sne got 111a1.

THE COURT: Okay. MBNA MaslerCard. 8620 . .::1~

you have en a ccount?

THE WITNESS: Yes .

THE COURT: Did you turn over the statements?

THE W ITNESS: Yes.

THE COURT: SunT•usl Visa. 2006, did you have

an account ?

THE WITNESS: Yes.

Page 121

THE COURT : Credit card. did you turn 11 over?

T HE WITNESS: The Statement v.~as turned over.

THE COURT: Okay. Oid you have a deCiii:"::uon

puge for Allstette Insurance?

tHE WITNESS: I ha...,en·t done busin~ss w ith

.C..IIsuue lnsutance tor a vvhile.

THE COURT: Okay. Did vou have bank &ccovnts

that they shovv on \his oa9e tot vvhich you had

starements?

THE WITNESS: No.

"THE CCURT: Okoy. Oidni have bonk accoun1s or

didn•t ·have sta1ements I

THE WITNESS: We had a bank accounl at

Fidelity. which I gave. as well 2s she

subpoenaed. itS vvell. so she 901 it ivvice.

THE COUF.T: You need 10 vvait ono second. I m ay

be able t o .give you 1en more minutes oi , ime.

(A recess vvas 1aken at -:2':40 a.m.)

(The proceedings resurr.ed at 12:44 p . rn.)

EXAMINATION BY THE C::OL'AT lof Mr. Kesi'Tien. cont inu~l

THE COURT: What ebou1 these b rokerage accoun1

stalements. did you have Morgan Slanley and UBS

Paine Webber brokerage accounts?

;viA. AOOEAMAN: The wile has all of that.

THE COURT: Did you l'lave tnat?

31 (Pages 118 to 121)


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iHF. wrrNESS 'NodsnezdJ

fHE WITNESS. Yeo.

'TH~ 'NITr;ESS . .,-eo.

IHE COURT · Whltt abou1 the 11em!. that a,e on

th~ secono page of thts rT'teJndatorv d•sclosure?

THE WITNESS: Tht insurance th~y have: !\ARP. rny

V'l.'.l~ has: auto Jeans. th~y have .

THE COURT: D•d you teotesent thete w~,~

rece.vab•es 1

THE W ITNESS: I'm sorry. JvdQe?

THE COURT: The neX1 thing says tecr:ivables.

Did you say in re-sponse tha1 you ""ere owe-ct money?

THE "JITNESS: No. I n~ve:t seid th&t.

THE COURT: Well. hovv con I hold h i m in

contempt for that 1f he says he didn, say that .

THE W ITNESS: No one ovves me money.

MS. l<ARTAGENER: Your Honor ••

THE COURT: He soid he doe~n, have

• eceivabl es .

THE WITNESS:: A n d I told them that in my

deposition. Judge.

MR. HODERMAN: He's been out of bu!ii ness for

three ve~.rs.

Pag< I 23

MS. KARTAGENER: I don 't re member asking thz.t

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quest•on in his deposition. 2

MR. K.ASMAN: Yes, you d id, Ca rol . 3

THE COUR"l': The thing i.s you have receivab l~s . 4

He's n o1 in compliance vvith mandalor"y because h e 5

h2sn"t turned over receiv2bles. Qid he indic:.e:te 6

he had recei vabl es? 7

MS. KART AGE NEB:. A! tl'lat time h~ hadn, shown S

up for his dEPOSition tvvice. 9

THE COURT: This is man datory disclosure. 10

MS. KART AGENER: When I prepered this in 1 1

November 1 2th. he had fa iled to shovv up twice. 12

H~ only appeared for his deposi t ion Jttn uer y 8th. 13

THE CCURT: Yeah. but this is not deposi1ion. 14

This is man datory disclosure. Did h e say I h ave 1 5

a receivable? l 6

MS. KART AGENEA: He d idn, g ive me a n v ansvvers 17

on that . I don't knovv th·at I asked t he queStion. 18

THE COURT: 'Nher"'s t h e book? Mandatory i:s 1 g

everyon e g ets tl'le same q u estion. 20

MS. KART AGENER: But. Your Honor - 2 1

M R. RODERMAN: Finen cia l affidavit thet vves 22

fil e d - 23

THE COURT: No. not atfodavit. 24

MS. i<.AA.T.•".GENER; Your Honor. •Nilh resoect to 25

Pogc ~ ~:-J

~e1 2 11!.1 oj docurnen1s from"'',., even as 10 vvhtlt

1\/\R qOOERMAN: AtE vve talk i ng about

THE COU HT · The lir s t !hing vou get •s you get

The response savs whether he has

reCt> rvoble:5 Of ,""''O t . Dod he respond by sayong I

iviS. K.ARTAGENER: I ~ave you n>y copy.

I I I I

I I I I I I-

MR . RODERMAN: He said n o , he doesn,_ I THE COURT- He says no. So. how cant hold him

rn conu: m p t tot not prodv c •ng recetvable

C~cuments t hat he sovs I don"t :'"\eve?

l'vlS. ;u>.RTAGENER · ~ou can1 .

THE COURT: All ro9ht.

tAS. !:.ARTAGENER: eut. "gein. the motion seeks

a lt ern etlve e!""''iorcement .

THE CCURT : Well. vvhot ahernative en1orcemenl

I

c.n rece.vables that he says he doesn't have?

MS. KARTAGENER: Not vvi1h r e~peet to t h e1 item . r THE COURT : T a)l returns. you're saying t hat he ,,_

hesn, given t he reou~reo t~x returns?

Page 125

MR. ROOERMAN: ne hasn't prepared or fi led

them, Your Honor .

MS. l<ARTAGENER · That's no1 correct.

THE COURT: Hold on. 11 says here mandatory

disclosure on tax returns. His answer vvas to be

provided. It says these items a,re curr en "tly

being p repored by Mr. Weinst ein. C.P.A.

MR·.· R0DE;RMAN•: ·His•d·e'D'ositton ~as taken by

Ca, cl. anc be::au se of his criminal o:xposure in

New York, he has not f iled t a>c r eturns.

THE COURT : H ere·s ; h e poont. 'Nhen you say.

counsel -· t his ts the- husb2nd·s side- - · to be

prcvided . t hat s uggests ~heyre in existence.

Your foot n ote is they're curren t ly be1ng

p repared .

MR. AODEAMAN : '04 is ·-

THE COURT: At some point when th::: 't says that,

1t means ~hey're being prep2red by .,n accountant

and 111 ';jive it to you as soon as they're

completed.

MR. AODERMAN: Judge. that's whiil happened.

'04 got prepared. We sent it to them.

MS. KAATAGENEA: We never received '04.

THE COL1P.T: 'Nhet al::ou t '05 and ·os? MR. RODERMAN: '05. I understand . is being

32 (Pages 121 to 115)

Pleasanton, Greenhill, Meek and Associates 561-833-78!!

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THE \NITNE S S · t= •ve •vs\ po' Oon e . .JuCig e. """d

';HE WITNESS Mr . Wetnstetn vva s tnstruc.ted . H •

had a death '" htS. farruly. so pe1haps •t fell

betw~en che etbc'<s .

IHE COU~T . s~e. \his IS kind of some Stmple

THC. WITNESS: Your Honor. I have uuc retums

THE. COURT . When you say tO be provided. you'Ve

All ngnt Let's go to tnte,ogatones.

What·s defeC"Hve on inteuogatories st i iJ~

MS KARTAGENEA: If I have ~he rnteuogatottes.

hts ansvver!.. the- supolemental a nswers. and ••

7HE COUhT: Which ones cue sttH not onsvvered

MS. i'..ARTAGE;~ER: ::>o you ·.v<>nt me 10 --

THE COURT: .Just 1ell ITlC ~hich ones are not

MS. !<ART AGENER: Okay. 3C.

THE COURT : Asks vvhat Question?

P~ge 127

MS. K.ARTAGEN EA : E.tnploymenl. bec.ause he s a y s he

v.,~s, unemplc:-yed tor ;he laSt three years. . So. it

asks for all infotmation tor I he lasl penod of

employment. He- ta.led 10 stale eny.

THE CCUAl · D•d he respond oo that Ot thet's

tefl btank7

MS. 'K.A~TAGENER: It says see ·3A1~ and the

l)nsvvcl 10 JA 1 •S unempiO\<ed.

THE CCURT : All roght .

MS. "-ART AGENER: And I kno"""'· ih~t he vvas -

THE COURT : Here·s tht! thing. though. Whether

•'f"s ttvthlul ot no1. ths t"s his complete ansYYer.

l 'rn une'mployed end I don't ha ._.e Bny employment

•ntormalicn lor 1he last three years.

MS. KART AGctJER: I undersrand that. but -

THE COURT: You can impeach him ~t tnal. bur

you can, maate him gi .... e edditionaJ'

in1tttogatories.

MS. J<ART AGENER: 3C says it you haven't been

employed for •~ pas! thre~ year~ . give us the

employmen1 in1otmonion ""henevet your lest

employment was. ond he fa iled 10 give it .

THE COURT: He s1ill won' do it?

MS. !<ART AGENER: Yos.

THE COURT· So. you're saying he Slill isnl

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T HE C.OURl And tha n . wMar s. reovuP0

THE COURT: Bur •n hrs •n1 e-uoga1ory. d td he :10

'' 7 Le\ me see.

MR. ROOEAMAN: Your Hono r. chere ·s an ordet

some of the same ·-

THE COURT: 1 have ,,,s otder alr e ady.

MR. ROOERMAN: Oh. vo u ool

THE COURT: Suo the y c an, s.vbooen2 1he answ er

co w nen h is htS1 ,ob vvas t.eforE hP says h~ vve s

unemployed .

MR. ~OOEAMAN Your Honor. ~f!"'S. be~n l..tnemployeo

since 2003.

THE CCUAT: He still has to- · '' says here ii

you have not been emplo yed vv11h•n ohe las1 th•ee

·,.ears. sUitf!' the dates of unt>mpioymenl. And the n

it you-ve been emploveo a1 any tim;- in the last

;~.rev ·7-ea rs. giv~ the rni~tmatu:"n teQves l e d abov~

it you've not be en tor the- last pet~od ot

e mployment. TheY're saytng he retuSE!S to put

under oet h , okay? Is thet ~rue? IS that ; he

s1;.tus as of no"". ~hat hr vvill not """rite •n e n

interrogatory vvhat his last period of empioyment

is7

MR. RODERMAN: 01 course not. Your Honor .

THE COURT: In interrogato"f.

MR. RODERMAN: But -- -~ou mean will he do t hat

novv?

THE COURT: Has he don"' that up to toda y ?

MR. ROOERMAN: I Oon, know. Your Honor.

THE COURT: Well. thef's going to save him from

going to jail right novv and he-,1 write thi s cut

from the jail cell.

MR. ROOERMAN : nr have him write it OU1 right

now. He """a s self-employe~ for -- ~eck i n the

e8rly 2000s.

THE COURT: You ~now. the problem is you hav e

to finish the inu,ogetories completely. okay?

TheYre saying lhat he refuses 10 ansvver "that

question under oath.

MR. ROOERMAN: Your Honor. he"s cooperPted

1o1ally.

THE COURT: But ' hat's not ;he poin~.

MR. ROOERMAN: Look at 1he subs~2n~i<>l

compliance.

33 (Pages 126 to 129)


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Tl <f COURl

VVhat 01het tJuest•O:""\S nos hp not dnsvvE" •ed'

THE COURl: In lhe l~st 1hree vears He says

no .

MS KARTAGENER: T hat'S the la~t th •ee ye<>t5.

but his t est•mony at h•s depos•t•on ·-

THE COURT: l~o . no. !"10. th&t doesn~ man e• .

'(ou impeach him ""ith that .

MS. KARTAGENER : C~ay.

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THE COURi: If he ansvvers none. thars a iorrnat ld

answer. 15 ..

MS. KART AGEI~ER : O~ay . "'C . 16

MR. AOOERMAN ; May f just tnteqec:t one lhing? ·,

THE COURT: Go ahead. 18

MR. ROOERMAN: They have h ;o ed a voc oehab. t 9

THE COURT: Ok.,y. bvt vve'te talk•ng 20

in1errogatories. 21

<~C ;57

MS. KARTAGEI~ER : s~;p ac Thr.t OS:'\~

imponan1.

The 4E on 1he financial accounts. he fatled to

pro""de 1he address oi Sank ot America. the

accou nt numbers. the high and lovv balonct>s.

THE COURT: Okay. In the last three yeats?

MS. KART AGENER: Ccrrect.

THE C OURT: A nd whet did h~ say in his answers

10 inlerrog&tories about finonc1el eccounts?

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Because it sevs her"! n~. c.on comply vv;th 1het bv 7

providinQ Copie~ of the statements Of if YOU 8

subpoena them you've g ot ::opii!'S of them. 9

MA. AODEAM.O.N: Your Honor. ~he subpoenaed him 10

mote then once. including !Oday. They·re in 1 1

evidence. Bank o1 Ametica. 12

THE COURT: So, Ms. Kanagen~•. :10 you have 13

that informetion through a p roouction ot subpoena 14

source? , 5

MS. KAATAGENER: I don~ have e"en comple~e 16

production ~rom Bank of America. I just vven1 to 17

make sure that they're not missing anything svcn 18

as ;ny other corporations that h~ has -with bank 19

account numbl!f! thetlhey mighl not ha"e reached. ~0

MR . RCDERMAN: Your Honor. all th;s discovery. 21

1ens of thousancts of doi1ars vvonh. there is no 2~

olher corporation. 23

THE COURT: Whal •tou're say;ng here ;she can · 24

comply w tth tnis by etther giving vou what he 25

J·~~· I J~ I 1ht- r1arne.

''-Jmber. ano the nogh an<.J Ia""' boiances . o: ht can

produce o docurnen1 or \he Juog~ sa•d •1ou c:w1

::.ubooena r1 , ;-tz,:! ih~t b ee:,., con~;

MS. KARTAGENER: I told ·tov I O•dn~ get

·:omptete product1on.

THE COURT : Well. vvhe1 IS 11 the1 yau·r e

missing?

MR. ROOERMAN: I represent to tn~ ccun thet

our forens•c eccountant !"'as e'"der,ce that it '.NUS

prov1ded thtcugh him.

THE CCURT: 'Nhat is ot that's m;ss;ng>

Because. remember. 1f I ~vi him ;n Jail. I have

-:o bE able 10 1eU him how he can purge it.

Spec 1f1cally \Nhat ••

MS. KARTAGENER: I don, knovv that I'm m;ssing

anYthing on that. I "'-'OVId liltl! to have

verificauon •n an answer "TO an interrogc~norv

that those ere t he only accounts tha1 elciSt .

THE COURT: 8V1 that's no~ vvhet th;s ~ays. It

says you can olso provide documents. And the

judge ~lreedy sa•d that vou can subooena thos~.

MS. KARTAGENEP.: But ii you provide documents.

you're- supposed to provide three complete years

of documents.

THE COURT: R;ght. o~ay.

MS. KARTAGENER: He cena;nly d;dn~ produce

thal.

'THE COURT: Well. maybe the account vvesn't in

existence for three 'jeers.

MR. KASMAN: It vvasn't. jvoge.

THE COURT: What do yov do the n?

MS. KAATAGENER: You c an see on the e><hib;t I

gavf! you vvhat he·s produced. if anYthing~

regarding Sank of America. This is just a

c.on tinutng probl~m and irs just -

THE COURT: Bu~ you subpoenaed Bank of Amedca

records.

MS. K.AATAGENER: 1 d;d and I took their

dl!positio!"'. Th~ production wes incomplete-. l'vf!

subpoenaed them today. As Ms. Hurrey:vves leaving

ihe couruoom. she advised me f •Nill have to

amend my subpoena if J"m asking any pan.icular

1hings that she has forgonen or not produced.

So. i:het"s. unionunately. 1he ptoblems with a

c..asl! like this.

i'HE COURT: Le~ me as~ you this. Th;s

production that you •Nanl· based LJpcn vvhZ: l ycu have

is likely to lead to some Ddmissible ev1dence fot

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34 (Pages 130 to 133)

Pleasanton, Greenhill, Meek and Associates 561-833-781 J

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IOVOUI Clt •.:nl>

I'VIS. K..ARTAGENER : O n !his pantcular ovesuon. 1

lHE COUAl Do yOu have any re ason 10 Uel•eve

' ' m;,y7 I mean, v,ou have;, Stdtemern before. the

statement a her .

MR ROOERMAN: The S1atemem Shov.s 520.

THE COURT: We deal w i1h equ11able

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distllb u t•on. allmonv tSSues, dlvtsion oi assets . 10

What fs it th at vou 're seeking that you th;nk ~ 1

you"•e missing'? 12

MS ><ARTAGENER: Wha1 rm seeking os full ·.J

disc losur e . ·.tvhich I haven't gonen hom day one . 14

THE COURT : Well. you have an accoun1 that has IS

~ere balance in June. zero balance in August. 16

zero balance in September. And. vou knovv. I 17

mean . maybe •n July there was a balance oi o lot 18

oi mon~v and taken out of there. 19

MR. ROOERMAN: Can I !:>r ing somebody·· ?0

IHE COURT: And ·1ou've deposed him and you've :?1

done that. :!2

MR . ROOERMAN: Your Honot ·- 23

IHE COURT . Yes. sir ? ~·

MR. RODEAMAN : Before Judge Bunon. they had 15

brought up that thet e vvas a retirement account

vvith S70.000 in it. We seid thet's not H ue. We

3greed to g ive it to them . They never-· I mean.

there is no account like that. I mean, every

drop of discovery has been· provided~

MS. KAATAGENER: Your H onor . that is n01 true.

His. actuary testified in NoVY York \hat there vvas

a n account ~hat he :.C.nevv of in 200~ Mr. Kosman

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e hos since said that h~ has vvithdravvn the monies 9

from that account. 10

THE COURT: Okay. 11

MS. KARTAGENER: So. it wasn·t that it ::iidn~ 1:'

e)(is t . . So. \Ne're searching for t h e assets. -;he 13

sources of h is income aryd his assets. And as 1 .o

Your H onor can cenainlv appreciate. had he 15

complied with all of this at the very beginning 16

and then we- 17

THE COURT: It may have made it easie r if he 18

did. but we'rl! no1 there-- one a1 a time. We're 19

not there now. we•re in contempt for still not 20

complying. 21

But J•m stiH not sure- what it is that 22

Judge Bunon h a s r equired him to do that he's ~:;

s1ill not doing. B ecause I see responses end 24

supplemental responses and I see that you h avt> 25

MS . I(ARi AGcNEA: S k op oo 5A. 8. one> C .

THE COURT: Okov

MS. K..ART AGENER· The liabil•t•es .

THE COURT : Vup.

MS. K.ARTAGENE~: And the resoonse says :o be

prov•ded. and f t h esn'1. been provicted .

iHE COURT: Sufi not pt ovidE-d?

MR. RODERMAN: What w as tha1?

THE t.:OURT : Liabillt•es. !he savs you s ull

haven't prov•ded them .

MS. K..ART ~GENE A: And the c.r edit cards accountS.

iV1R. ROOEMMAN: '!'hey have au the cred;t cords.

MS. :<.A AT AGE.NEM: .4bsolulely n o a nswer to 68 and

C. ll's jvs1 l eh blan*'..

'VIR ROOEAMAN; Your Honor . t hey have all the

credit c2rd accounts.

THE COURT: Well. vvhy doesn1 your client

;, nsvv•r under oath ~o -- prc ducing 2 docvrnem is

one thing. but onsvver under oath, you kno'VY. there

a re no other bank accounts or 1 have none or

!Omething like that. so there's· an under-oath

sunement? Because. remember. under 1he l avv. it

mant:rs if there's i)n under-oath statement if you

:ind s omething out Jgter .

MR. AOOERMAN: Your Honor . I vvould have him

cestify novv.

THE ':OURT: No. because i1 need5: to Oe in

vvriting.

lviS. KARTAGENER: Would Your !-ionor consider

ordering ·- ;OIIcvving us ;,o get a credit repon on

Mr . Kasman because of tt·, e diHicultfes that vve

had? we·re really searching 10 m aKe sure that

there's not anYthing o ut there in discovery that

I have overlooked.

T HE COURT: Like what. 1hough7 Credit repon

meaning~ debt that h~ m ay have for which your

clienrs net responsibl e? W h at do you care abou"

1hat?

MS. KARTAGENER: He may be using that as a

source o i peyment.

THE COURT: Of?

MS. KARTAGENEA: Of other matters or

THE CCURT: So vvhat. is <he ~nsvver to that.

How IS that · - h '::"V'II is that relevon; to a divorce

35 (Pages 134 to 137)

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oostot• t•t •o n !ha t ht> rna v hov e •f"'Cu~ted n d eo' s no ]

•ncome then has been und•!.clos ed to us 10 oav oH

:ho~r: caras

rHE COURT : Income meantng a torm oi cre-di t

r,nanciat accounts that we do no1 knoV\1 about

,...,hich may be- vvhi=~ he mev be using to pav ·-

THE COURT . Financial account s. c ash .,ccoun1s.

stoc• a ccounts. b a nk accounts7

M S. KART P.GENER. Exactly.

T HE COURT : That he maybe be liqu•da(tng to pay

oH otd•t Clltds ?

MS. KART AGENER: Well. ;t i(s a ban~ accoum.

z cr.ecktng account.

THE COUR"T He"s .>lready disclosl.'d all h1s bank

accounts.

MS. KART AGCNER : Your Honor. he's disclosed

prac :tcz,lly nothtng . He's g•vrng f"T"'e back

8Utf'S·S1~moed documents t:-.a t I have given him

only ane , his accountai-n came to our oH!ce end

Page 139

oo;ained documents.

MA. HODEAMAN: Listen. I understand t hey want

compiete ~iscoverv. He vvill e ven authorize tr·,at .

He's livrng vvith his parents. His steolather"s

in \he ccunroorn. He has no money other than

vvhat he's borrovved from h is mother.

'THE CO:....'RT ; All t~ght . I k.novv V>.~hat J'm going

to do or. th•S. Anya··,ing else '..lnder thrs seventh

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I'm going to give you frve more minutes. 10

Ms. 1\:anagener. on the issue o; ~ ~ I' ll tell you 1 1

V\lhOt I need to know; about and then you can direct 12

your testimony. One area from you if you vvant 10 13

oue~nion anyone. including the.husband, on his 14

abili1y to make 1hc purge payml.'nt in the fihh 15

motion. You vvant ~o take testimony on that?

MS. KJ>.RTAGENER: From the husband.

THE COURT: Okay. Go ahead. He's under oath.

MS. KARTAGENER: Oi o you have the reQu&s: to

produce and the list of documents and the

responses that w2s Just in the co u n file?

THE COURT: let me have that. ·

MR. AODERMAN: Jus1 for the record --

MS. J<ARTAGENER: l"m just ask.ing you 10 take

judicial no1ice o1 that , os vvell.

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f'.IIR ROOEFlMJl f·J c o , · ""'e , ecord, ,., , oo o o s. ed :n ! !ha l. I hco..ve n"l h a d o C hane ~ ro t::all ~.rn . O ut

; o :ng 10 ~ove- m e . .

11ght ro lhe P OII"\1 of ceDrtng ·tvt1h h•s at:tlrty 10

comply vvtth- 10 ourg e t h t" art ears .

'fou can stav ogn1 the:- e .

41.500 purgE- in 8nv to rrn . Go ah~od .

MS. K.ARTAGENEP.· You r Honor. befor e thal, I did

tell vou before. you h OG asked m~ hovv mucn oi •nv

fees speciiic.ally oe a lt \Ntlh ohe discGvery

maners-

THE COURl : Ok;.v. You ce:n shovv ,r.e thet .

MS. KART AGENEA· -· """ tt·.e ~x;::oenses of :hat.

And I had quanufied then uP through ;he

August 2nd hea ring I be l:e · .... e I had thr .! et rheo

hearing. :believe I gave I•Ar . !=loderrnan a copy at

tnat iime. Her e·s an e ,.ua . And I vvouiC just

THE COURT: Ne>O numoc r in . L~!'s get to-

Mr. Kc-srn~n. come on up her~ tO i..he Sl.Gnd. sir .

Tha1 Vl..ni l be ec.s •er.

Okay, go 3head. counsel. Every1hang etsr :n

tne fihh mot;on hes been 6gt e ed' upon other than

h 1s inabili1y to putge. ·

Whereupon.

LEWIS IU<SMAN.

C etlled as a Witness by the P e titior.et. anG havtng bP..~n

by the Coun pr~viously svvorrl. tesuHed ss fo llovvs:

DIRECT E.'<.AMINATION

IJ. {8Y MS. KART"AGCNCR) Mr . K 2. sman. do y ou s1ill

heve the 562.000 V\IIS1Ch ?

A . No.

A. It 'N2S retu,ne d .

0 . To vvhat?

A. To Levinson Jevvelers.

0. Did ycu rece;ve any mcney in exch a nge for 11?

A . No. t t was returned \O satisfy the be lance of

the jewelry thet vves bought for my ""if e.

0. And when was th8t returned?

A. Tvvo or three '{eers ago. I'm no1 sur e of the

dates.

Q. Your deughtet, Rvan. a.nends American

Univer Sity?

A. Correct.

a. Are 'fOU current on the payments 'for .Ametican

Universiry7

A. No. as you know.

36 (Pages 138 to 141)

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0 . \ 8Y MS Y...ARl AGEN~RJ Otne r t ha,... th~ E'~nlt. V l

have anywtu~re •n the """'orld 10 whtCh you navt: a ccess. '1

A . None.

a. What IS the valuE of thE JCVVCif'y tnat v ou iHe

.-.olding ~resentfv?

A . W hat tewel<y7

U.. Are- you oen ying lhat you·re ho!ding 1evvelry

pres~Uy?

,.:..., 'Nh&t ,evvel:y?

THE COUAT : Do you h a ve poss.ess •on n i .;ny

~evvelry?

THE WITNE~S: No. All my ·N•fe·~ ,evvclro~ ~~ 1n

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he• possession. 'in the custooy oi ner father and 18

mother. 12

0 . !BY MS. KARTAGcN!:AI Do you have possessoon ot ::o any """atche!.;- 21

A. No. 22

0 . Diet you ltt~u·date any assets. o>ite ~ l..r.av t 5 th oi

2007?

A . No.

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0. Are you fami l iar 'Ntth -:he U . S . s av•ngs bonds

,i.hc;t you listed on your iinanc•al aHidav11?

A . Yt:s.

0 . I :--.ave tne schedule. Co y ou re~ogni;:e lh•s?

ft.. Yes. th~~~ .,~ savings ~onds that my V\/tfe and I

h ad for the children.

MS. KART AGENER: Qkay Mc-ve that on to

evtOenct::.

MR . ACOEAMAN: No "bjection.

THE COURT: Okay. That's Numoe r 1, .

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0 . tBY MS. KARTAGENERI The savings :>onds lotal 11

apcroximetely $53.569?

A . I don"t kn ow what the tota l is. t>u1 11 vviU be

reflected in m y-· I believe my '05 ta>e re1urn .

0 . Where are they. :h e bonds?

A . Pardon me?

0 . W h ere are the bonds?

A. The bonds have been liquidated.

0. When?

A. Eileen and I went into the ban k. I guess -- I

don't kno w . I don'l knovv when they vvere liouidat!:d .

You have the information before you.

Cl. Was it after May 1 ;:;h oi :?OC7?

A . No. it W"aS Oetore that.

-:::l . D o you h a ve a n y -· are you the offtcer .

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o aec tor . ShcHenoroe• . o r · ~g • stE r eo og erq o i .,:)f'lv

COI C Oia1tOn?

A No

~ - D o y o u have anv asse1~ t h z t have n o1 oe-c n

A . AbSOiutelv no1.

0 . Are 'IOU se-cretang ony a s s ets vv•th , our m o the r

or any other farnt ly members?

A ~bsoJutely not.

':) . And yout mother has !ol!ned you hovv mucn m c,ncv

s once Oc:ober 15th ol 2007?

~- I YVOuJd just be ~uess ing. but 11 vvould be

1hous ands of dollars .

~- You have u:stified that vour mother ha! toaned

you 200 to 5300.000; 1sn"1 tha• cor~ect?

A. Over a span of hrne .

a . Ok~y . . O.nd JUSt ~·nee Octobel of ~C07?

A . 'Nell. •t"s seven. We're .n ~ ight novv, so I

don'l mink it occurred··

Q . Ovet the past f•v~ months. hovv much mone•1 hc:ve

y ou received from '(Our mo1tler or \fOur Stepfathet ?

A . Thousands af dollars.

0 . To the nee!rest S 10.000. Dle os e tell me hovv much

tha; is .

A . I vvould just be 9ues!:ing. Carel. 1 ,eally

Page 14~

....... o u ld be guessin g .

0 . Okay. And ycu ~~.Nf!re convtcled ol per jury and

served a sentence of six months7

A . I ~as convic ":ed of obstruction of justice and

:l~rjury. and sentencEd to six montns in the Levv•s!:lurg

Federal ?rison Camp. Pennsytvan•a.

C . Whe n ~as tt\e last,. ;:>ev[nent you made o:o .Amencan

Unive rsity?

A . Several vveeks ago.

Q . Hovv much w~s that7

.~. I ""ould say anyvvheres bi!'T'Ween th.ree and sa.OOO.

ll. Is it your testimony that the S21 .0CO amount

that"s due ior the spring sem~ster ha·s not been pa id(

A. fhars corre-ct.

Q. Have you maae ~ny arrangements 'lO PDY ft?

A. Well. let me exptain this 10 - so the judge

:C.nows.

Q. C a n you just ansYVet my ques1ion. please-?

A. It re-quites an explanation.

THE COURT: Have yCu m ede arranger.""\en1s. yes or

no. Then you c an explain.

THE WITNESS: Yes.

THE COURT: Ok.ey. 111/he!'s your e x p lanation?

THE W ITNESS: The '~"son thol :he -;uition has

not been paid in a 1imely 1ashic.n and the!: fact

37 (Pages 142 to 145)


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1ha1 rny vv•re •S ,, auenr~ •:> oecaust- JuOg~ .:::n

Ot05

MS. r"...AATAGENER. 0btECt•on. m~ve 10 s•••"-e.

hearsay

THE COURT: You're not really reospons•ve

THE WITNESS· We j•JSI ;;led '04 and I 1us1

iiled '05. So. I received a vvh•le BQO a teleas~

fr om the Int e rnal Revenue S~rvice tor my '0.:2

or ceniiied release for m•t '05 return. Once I

· get that . I will be able to then oay American

UniversiTy and Ei le en vv•ll be abl e to get some

additional money that she's look1nc; for .

And Judge Bunon vva.s avvare of that as far as

regarding me us•ng Ryan's mo.-u!·v. school money, 10

pay Eileen. Judge Bun on \NBS aware of chat and

he discussed that on the re-c.oro ;n the c.ounroom.

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0 . (BY MS. KART AGEI~E!'l) .Lind from what source do :?0

you e><pect :o pay Avar.'!. school and Eileeni

A. The source oi the money i s there·~ rt ~m!SII

vust account for H.yan vvith abou t 36 or 540.000 in ll

aut obvtousty once t pay the school in full 3nd once I

pay Eileen, there's go•ng to be no mote money io' Ry~n

P:>gt 147

lett tor school.

0 . Wher~ is that account maintained]

A. 8ar.k of America.

0. Hovv is it that the records custodian ••

THE COURT: What's ;he nam~ - -

THE W IINESS: Nm 8ank ot A.7.~rica . That •·

excuse me.

0. (BY MS. K.ART AGci'JEA) Okay.

A. Did 1 say something wrong. Carol?

0 No. go ahead.

A. That account is main1ained in Chase Manhanan

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THE COURT: Okay. In whose name? 13

THE VviTNESS: Ryan and myself. you knovv. a t 4

trust account, Judge. , 5

THE COURT: Okay. Well, have vou revealed \he 16

existence of that accounT 7 1 7

THE WITNESS: Yes. I had told Judge Bun on. but 18

i Thougt'ol it was Bank of America, but it w<>s , 9

Chase. 20

THE COURT: Not That you told Judge Bunon. 2t

Judge Bunon's not a friend who you 're telling. 22

THE W ITNESS: No. no, I'm saying when I was in 23

cout'l. h~ asked me. ?a

THE COURT : I'm asking 1n a document have you 25

!'o~r 1 4!, I !

THE WITNESS. No I THE COURT H .J"'f" vou nonoC"o O\·Pr lht' ... l'1a1ernent~ .

•.>1 : hO-S-t;

THE -NITNESS: No. nobocv ask<'d me

IHf COURT lt-1 m~ make ""u•e I unOF-t! 1 ;;nd lh • ~ .

Ther e is vvhat rype -· lhere •s an account thars

•n vvhose names or name?

I~E WITNESS : Avan- i'C"s a uus1 account 1

t.ovc -· •i's c ;rus: occourn. nvar. antJ Lewis.

·- and vvhose scdaf ~ecu11ry number •s it under?

";HE WITNESS: M;nE.

THE COURT: You're 11'e p"rnery ..

THE 'JI/ITNESS: Nc.. I th;n~ ot's under Ay&n''

'ioOC•al because irs a trust account . JuCJQ~ . rm

not sure vvhtch soc•af irs un('ler.

THE COURT: All right. And irs be•ng

:HE WIT NESS: Chase Bank on l~ew York.

~HE COURT: Okey. And when you say it's a

truS1 account. vvhat do you mean by tnct?

THE WITNESS: LikE Levv•s Kasman tn O'US1 for

Ayan Kosman .

IHE COUF.T: You mean you·,e holding 11 on

P:>gt 149

behalf of your child. like ITF .

THE WITNESS: .L\n IT~. dgh1.

THE COURT: And how rT\uch is in t h ere right novv7

THE W IT N ESS: I think close 10 40.

THE COURT: 40 vvha1?

iHE WITNESS: $40,00.0. give or take, up or down

e linle bit.

THE COURT: And vvho has ~uthonty 10 make

"""·•:hdrovvals from that account?

THE WITNESS: Me.

THE COURT: And you a lvvetys hav~?

THE WITNESS: Yes.

THE COURT: Nevv. heve you up to now in some

vvrinen document produced records of 1he

e->< i s tence of that account or ansvvered an

under·oeth statement. an i'nterrogatorv.

iC:e ntifying thet account? Have you done 'that?

THE WITI~ESS: I donl Y.novv i l i t 's in th~

intertogatory. but I know vvhen Carol deposed

me ...

THE COURT: ;rs Ms. K<>nagene•.

Okay. Did you ptoduce records of :he ban~

stateme n t s?

THE WITNESS: :·m not sure th21 I did. 9u; I

might have. f might have. f'm no1 sure.

38 (Pages I 46 to 149)

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TH( COURT O kay Covn!: e l. · ~ ' me as.r. ·, ou

lt'\ t s . D o yOu have oosse s s •on o • c.ontr o l o: 1nose

IVIR MCGf:P.MAI" I oon·t tn·n~ I e v t- f a.nevv abOUI

1ha1 acc o u nt vnt•l rhc heat~ng he!ore

..'uoge Bun o n . ! have ne-ver seen onv re cords.

nor · ·

THE COURT : Wh~n •.Nas th• s hea11ng before

Judge Bunonl

MP.. RODERMAN: I b-';EVE AuguST ::nd.

:h at th«!re·s a n eccount in the husband's n&me

:hal may have £.40.000 in i1 at Chase?

MR . HOOERMAN : This is the f~tst time -

T H E COURT: Then n .,...as icient•fu~d . Well. what

ha:5. happened s •nc e tha t 1ime to furnish

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documenta11on of ~hat accoun t? 17

MR. RODEP.MAN: Noth ;ng. My understand;ng now 1a

tram tal king t o my c lient is that the IRS had i 9

se17r d 1hat account a nd th ey ~till -:1on, have -

THE W ITNESS: Tt·.ey levoed ot, J udge, pen=:"g

th~ f1ling o f the '05. Your H o nor .

THE COLiAl" : Is there an IRS levy on the zccount

presentlY?

T HE WITNE.SS: Presently, yes.

THE COURT : There is. Wher e is th t:

documentation o1 ohat1

THE WIT I~ESS: I have the - :h;s is the "()a

te leas~ of levy. The oth er --

Poge l 5 l

THE COURT: H ere's the thing . I n eed to see ..

take this bock. I neeo to s ee YV h &lh er - Sit

bee~ '" t ht! witness stand .

S~and right by him. P lease.

THE COURT: Counsel. I n eed to see the

~)( i:stence of a l~vy on -- by the lAS on that

Cha~e b ank account .

THE WITNESS: They don't c a ll it a levy, Judge.

THE COURT: That's vvhat you called;,.

THE WITI.,ESS: Maybe t hat's w hat I'm calling it,

but thars not w h at they calf it .

MA. RODERMAN: Who w ould have tha t ,. if I may

ask? W ho would have that levy or that execution?

THE WITNESS: I guess the IRS .

THE COURT: Okay. I tion'l n eed counsel-- a ll

righT.

Any other questions, Ms. Kanagener?

Stay rig ht there, sir. Don't move.

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0. (BY MS. KART AGENERJ Are you The only one w ;th 23

s igna1urt ~u\hority on that accoun t?

A Yes.

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f·J1anha nan 0 1 ih e la S! t vvo r eat•ng~ 1:"\ tr o r11 c i t heo JudQ~

In A•.J9US1 o r Ncvemoer Vcu s a •d tna1 .1 ·.•va! 8~nt.: col

motion?

MS. I<.ART A GEN ER : No1nong fu n her .

:nE COUP.1': 111 gu"'c- vov s.orne c ro,;s

nght now use your c ross e:o<am•netfon vvisely.

haYe e v'deonce 11ght novv ~ ~<H h e- nas -3 bank

account a nd oble to substantially p u rge th•S

amount. He's not le.?Y•nQ i:hC' counroom "vHhOu1

i1 be•ng 1urned ove~ cash . So. go a h ead . It

scunds l ike vou·re surpnsed bv i1. as YVell, 5nd

I underst6nd t h~t .

CROSS E:<AMINATIOhl

0 (6Y MR. RODERMAI~I lt-.e ~anK ;;cccunt \'O•.•>e

r e ferrtng 10 is the bank oc~~unt you ;~st.iied about

be1cre Judge Bunon ?

A. Yes.

0 . And that was -;Me ac=ount from vvh 1ch your intent

V\tDS to mak~ tuition payment~ for y our d e vght er --

A. Mig ht .

0 . '--Ry a n .

Page 153

Okay. Has that account b~en s e•z e d by "{he IF.S?

A. ; belie"e it's Jevi~d. They c e ll i1 levieo.

Q . In either event. "IOU have no control ~ver that

a c::ount at ";his tim~ ?

~.. No. \'V'eft the "OS return is filed . .so I'm

vvaiting for the rele&!e> o f lev y or the f el ease of !len.

vvhat e•.~er the hell they cal l •1.

Q. Is that 1.he o nly money in -:ne vvorld 1he1 y ou

h ave access 10?

A. Yes.

Q. And your .eccess is rest11~ed u nt1l thiS IRS

lien. levy. seizure is discharged?

A. Yes.

0. What is the procedure for gening that

discha rged? H eve you talked 10 ·tour zsccoun tant in New

York or w hoever?

A. He was ::way. He hed an ernergenc·1. S u1 I filed

m y ':lUc ret:urn for "05. And the IRS jus1 moves verv

slovv. So. I g u ess it"s a process.

Q. 'Nho has evidence of t hat seiz~r~? : rf!fer 10

it as a b&nk seizure. an eccour.t seizure . I dc-n ''t ~now

•tvhat 10 c2 ll it . ··Nho has e·.t1dence ? Vo/ho has

documenta1icn?

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~\ I mus.l have docvtnen1S '"my oos~ess•on

novs.e s.ornev~r.ere~

documents.?

A . Abour three mont)ls ego.

0 . Othet the:-. t~stimonv that there·s abo''' 520

balonces mayO~ m somE of yout othE:f oc.c.ounts.. do you

have env Olhel mane,· anyvvht:rt!

A . No

Q Does anyone ovve you any money7

A. No.

Q . Q;net thon your mother. dO yOU O""'e an'(One elSe

money?

A. Y~s .

0. C1ner than Eileen and your mother.

THE COU~T: 'Nell. it doesn'l really maner. so

go aheed.

0 . (eY MH. ROOERMANl Q;d you se~k employmen1?

-·· Yes 0. And hovv m a n y d iHerent employers d1d you go \01

THE CCURT: Don, need 1o go \here.

MR. ROOERMAN: No7 Okay.

P~gc 155

THE COURT: You don, h ave- ;o vvork You JUS I

hov~ to pay.

Sit. the summery of children's finencia l

accounts indic~ted th&t thert- vve-re money in

var ious children's accounts. O id you temove that

-· tht monies from the dates •ndicated on herE?

THE WITNESS~ l don"l have that sheet 1n fTont

of me . .Judge.

THE COURT: All r ight. G ive h im a co"pv of thts

children's financial eccount s.

MR. ROOERMAN: rm saying if he t'l;,s nc;;t filed

1he 'OS r eturn yet ••

. THE WITNESS: I filed i1.

0. (BY MR. ROOEI'MANI Okay. Ana you haven~ foled

"06?

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MR. RODERMAN: I don, know if 1h~ IRS is ever 17

QO;ng 10 •elease it. ; 8

THE COURT: Well. I don' knovv. !hough. 19

counsel. that t..,ere's a sei:tUn! of this lCCou nt. 20

Mr!. ROOERMAN: Your Honor. vvfl would assign this 2 1

account to the vvrfe- instantly e n d subject to fFiS 22

o r ""hotev~r other anachment ther e might be. But 23

from the standpoint vvh!re it's tr;;nsferable. "24

o;vhich I believp it is - 25

novov_

oHE WoTtJESS . ukav.

THE COURl SL•mmary of childr en's !'"tt~anCiat

occ.ounts. 'Nes; Rock Adv•!.ory ior Ryan. '~!>

alfe-g~d there vvas 520.000-olus as of July and novov

there·s $ 17 . What happeneo to 1hat money betvovee n

.July of '06. !honly beiore the petrtion C:ate,

a.nd Ma·.,· of '077

money Eileen gave to h e r father.

THE COURT: C~ay. Bervv~en 1he dales shovvr. :on

here wl"lere it says high balance date?

THE \11/rTNESS: Well. on 1he luSl ~hee• . .Judge.

vvhere ;, shovvs 5397,000 101ao - -

THE COURT: Where do<!s it say :hal?

THE WITNESS: Page 3. Judge.

THE COURT: ·okay.

TH!" WITNESS: WherE •t shows 397. 90.0CO ·Nent

~~ her father.

THE COURT: Okav. Prior to the time of 1hese

accounts7

THE WITNESS: Yes.

THE COURT: Okay.

Po~e I 57

THE W ITNESS: And the rest of this money vve

used to live. Judge. There was no money corrung

in.

THE COURT: Who·s vve?

THE WITl-!ESS: Me. my l<ids. my wife.

THE COUR1': ·.-w.6"11. some of 'these·- so. yo'..t"re

telling me that b e tween '06 to 1he date of Mav.

·vvhich is less than one year. a ll of 1hi s ~oney

vvas vvithdr <tvvn by you and •tour vvi1e t~ge1het .lnd

spent.

THE WITNESS: I d;dn~ heve he• do it vvi1h me.

but I did it. And like I said. 90 vvent to h e r

fathet and the re-st V~~e lived on .

THE COURT: When you say 90 vvent 10 the iather.

vvhich accounts did your wife remove S90.000 irom?

THE WITNESS: The 90.000 cnme ou1 of Ryar.·s

account. which is !Iecount number .. _ the

Merrill Lynch account, 5558.


THE WrTNESS: And thl!t 90.000 was wired 10

Fidel ity.

THE COURT: Ok&y. A ll r ight. And all the rest

oi the monev vvho took? Is it accurate the'

whot·s- shov"ln here when! it says h ig h ba J anc~

date. t hat those sums vvere in thesl! accounts as

40 (Pages 1 54 to 1 S 7)


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IHE WtTNESS: I c.ln"llelf you 'ha1 1r'o5e · . ....,e~e

·h~ exaco sums. But vvhat I could 1e11 vou · ~

'.hlio t VJt"l31ever mcney vv~S taken. vve useO ;15 0

:at":"''dy to livE:- o n .

THE COURT . 'Ne ll . the rttst r;yan qccoun; •s

Wes1 Rock Advisor s.

THE W ITNESS. Rignt.

THE COURT : It says 5 20.000 vvas ohere •n .July

cf '06.

THE WITNESS: Right.

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THE COURT: Did you toke it all out atter that 12

dau~? 13

THE W ITNESS: Well. of •t"S n ot there anymo•e. 14

:ht:!n. yes. 1 5

THE COURT: Okay. Th" ne><t accoum is Skyl~r. : 6

64 .000. same date. Did '/OU take a ll of t h a t out' 1 7

THE WITNESS: Yes. 1 8

THE COURT: Did vou take it out your s.,if or did 1g

your wiie d o it' w ith you? .?0

THE WITNESS: She knew I was doong it. but I :; I

did it. 1 physica lly did it. 22

THE COURT: The ne><t account is Cass•e. 19. 000. 23

end of July, correct? :24

THE WITNESS: Yes. And, .Judge. all o i this . 25

Page 159

money vvent into our joint checking account.

IHE COURT: And spent betvveen July and May for

bills of you and your wife?

THE WITNESS: Me end my wife and the chi ldren.

T HE COURT: Okay. We!l , between .July and May

is ninG months. Okay. So, you're spending on

bills for you and your wife. Thet's 1 05.000

right there V¥as spent in nine months on b ills.

THE WITNESS: Sills. li f estyle.

THE. COURT: When did ~,ou separate irom your

vvife?

T HE WITNESS: I moved out o1 the house I th;nk

'"-when did I move ovt of the house? May?

THE COURT: The case vvas filed in February of

"01. So, did you separate before the case was

filed?

THE WITNESS: No. we were S1ill in the house

vvhile the case Y\IZ.S filed for a vvhile. until we

sold the house.


THE W IT NESS: But, .Judge, through everything

going on. through the filing and everything,

through these s:ccounts and """hatnot t hat you're

seeing novv. th~t's hovv vve- vve,e living, .Judge.

THE COURT: 'Ne ll, how m u ch were your bills en;;

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ft-IE WITNESS ()uuc.ge-ous

THE COURT : W~JI . \.VhZt doe:; thot rnt?en '"

l HE 'NIThrE SS. \."Veil, out f":"'\O:-::goge oavmenl ..

lHf CCURT Bu• 'tOu soopr:.ed oayong you•

monga~e I vvi>s to•d ,

THE 'NIINES~: Yean. but lt'lete vvas S\ill 1he

m:. troi enan ce. the gau~ fee. the garoener. the

poe I. :he car . Then~· vvas one. ~vvo - · there vves.

THE COU"iT: Sut. see. here·s the thing. sor .

Oth e r than the account that you've just

identified ftom Mernfl L·,-nch go•ng to your

'"''fe·s :ather. Oetvveen a period ot seven monthS

irom t!"1e dat~ ci these balances to the date o i

the f tfin g. you're soy•ng 5~77.000 vvas spent on

household btl Is. Is -::hat ;:rue ?

THE 'NITNESS: That's vvhe;e •t went . .JuOge.

THE ':OUAT· Okay, You need me to believe thot.

vou·re not dou~g a ;coC joe.

Ok&v. AU r ight . ..:.ny other oueslions.

counset?

THE W ITNESS: I'm trvong.

MR. RODERMAN: I have. no other ouesHons.

p~~· 161

THE COURT: Have o seat, s •r. No. stay righ'!

there. actuaUy.

:::;«.ay. Anych ing else. Ms. Kan;gener?

MS. KART AGENER: Yes, just -.r.e question.

THE COURT : Quickly.

REDIRECT E:<AMINATICN

0 . (BY MS. !<.ARTAGcNERI Mr. Kasrnen. you vvere

pr~sent 01 the heanng in November 14th vvhen

Juoge 8unon ;:old you i.O pay the 16,500 in support that

was o vercu e item t he S40,000 accoun1. Do you r ecall

that7

A . 'Ves. 1 do. Bu1 tht! reason it couldn't be paid

•s because my '04 return was not filed and I couldn1

transfer the mone-y into tha1 account because of th~ IRS

situation.

THE COURT: AnY'hing furth er?

MS. KART AGENER: Nothing further.

THE COURT: Okay. I'm rl!ady to rule.

On th~ vvife's fihh amended molfon for

con'tempt. it is Slipula'ted a"nd agree d tha"T then:

~as a temporory relief order tha1 required 'the

husband to pay 5>10,000 a momh in

u n diHerentiated alimony and chiJd suoport to the

•JVife . It is stipuleted and agreed the't th,.ough

the date of Febru;;ry of '08. ;he husband is in

r I

41 (Pages 1 58 to 161)

Pleasanton, Greenhill, Meek and Assoc1ates 561 -833-7811

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arnovn1 ot 542.500. Tr-.e IOvv s.h•ns. the bu•d6n to

cuuen11y to purge. Under the case oi Sie9el v~ .

Siegel. vou can look a \ anyth•ng th;,t the husband

may have by way of assets or tncome ' " vvhtCh io

purge contemp1. I find that he has cutrentl'l the

abil;ry to oav that irom a Chase account '" vvhtch

he tepresents that there·s 40.000 in there. I

incarcerate him immediately and order ~hat he is

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iO be held the•e tndefin•tely unul on the iihh 13

mouon tor contempt the sum oi 540.000 is paid to : 4

the 'Nrfe . I'm find•ng he has the kev to the lS

jailhouse cell wnh him'" his ooc1te1. He stays 16

then~ iorever unul that sum •s pa•o. Thor"s on ; 7

1he fihh mo1ion. 18

On the s i Xlh moti-on ior contempt. I find that 19

~s to the chil dren's accounts. the husband had 20

the obligation to return money previously taken 21

from the children's accounts through the date vi 22

.July 31. 1007. C:xhobol !\lumb.-,r 2 "' 1he vvae ~3

outline~ the vvithdravvals of the husband from the 24

~hildren·s accounts that he undenook p rior to 25

Page 163

July 3,, 2007. And Other then the account number

for Merrill Lynch 55Sa. tn vvhich n hod a balan ce

on July of ·os of 51 14.000. th" ·former· husband

has failed to return tha1 mon~y which he vvas

previously ordered to teturn •o the child,en·s

accounts.

I f•na him in ccnternpt . I find thet his

e:1plenaticn for his inaoiliyV to retutn thet

money to the &ccounts is not .:redible. I find

~h•t he has nor explained thet he does not have

~h•s money an his po~session and conuol. H is

e>cplanznion thet it got scen1 mean~ that over the

period of time from the detrs of these- balances.

primarily in '06 to -:he time of th~ filing in

"07. he vvould have had 10 expend 5277.000 on.:

Quo1e. b ill s. He has not shown m e that he has

spent !hat money.

Since he hes.n"1 shown me he has spent that

money, I am finding th6t t">e has th.at money. So.

f find he has the current &bility 10 comply VYith

thlt1 order and he is incorcerated in the Palm

Stach Covnty jail as a purge until h e rll!turns all

of the sums in those accouf"\15 listed on Wife's

E..xhibit Number 2. except the one account. or

shovvs documentary evidence of ihe ~xpenditure of

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mo11on for cont empt,~ find r.o cont emc;

As to - not th2t he !"'lasn, shovvn v,nllful

noncompliance . but I find no contempt.

As 1 0 the seventh mot1on lor contemot dealing

vv•th dtscoverv. the Ev•dence •s .:us1 ·n~ur.ic•ent

to hold him tn contempt .tnd incarcercnf' him . The

pr.or orders of the coun appear to indico te 1hat

h~ has been s•ven c. number oi ooponunllie.s 10

comply vvith rnandetorv discJo!.ure.

interrogatoties. ~rodvc:ion that he sent over a

~~.Jnch cf dccuments tn a forrn o i cornoliance. but

many of :hose documents shovv to be provided and

ihere·s not o documentary Hall that ht:'S

p rov•ded them. But the vvife did have subpoe;.a

po""'e' end I seriously question, though. vvnet!;er

there's oddition al discovery iC, ::.f.:e p loc: H·.at

vvill tead to discoverable evidence.

However. at the ~nd of ~his hearing. and if the

hearing vvzsn'l continued vve mav not hav~ knovvn

Pa~c 16~

~hat there vvas this S40.000 nccount ~~-, ;here.

That really got revellff"t1 at the lest .-:-.oment. So.

the wife.is .not faul:led for di ligen .... .:- in 1rying

to pursue sources of evidence of husband's

accounts. because look vvhet happened here. We

found some evidence of it nght at the end t.hot

vve didn't know abou1 before. Hovvever. I'm not

goi n g to hold 1he husband in contemp't.

What I'm going 1.0 ask is one more '!irne '!O

Mr. Roderman. as the person in charge of the

husband's discovery. to tt!vievv the resoonses. !he

interrogatories. and I'll give you 30 d._ys from

today's date to maic.e sure everything is updcHeC

and i n compliance. And if '/OU indicate there is

in a pleading or document. then the vv i fe hes 10

do the rest of it on her ovvn. But f i ll 1he gaps

there and 1hen st">e'll have to come in here for

subpoena power.

J reser'le ru~ing on the rest of ;:he mo't ion ~or

~ees.

MS. KAATAGENER: E.xcuse me. Your Honer.

THE COURT: Yes.

MS. KARTAGENEtl: We're set !or ;ric; I on

March 251h.

THE COURT: This case is going tc ;rial.

42 (Pages 1 62 to 165)


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<Jon' t k novv tha t I can ; h,nt. v f a t:ase tha t (.::: ;::; i' I 1: I C A I E

Po~<~ doesn"t need closu r e more th a n rh•s Some1•mes

yo u go vv•t h V\.lha t you have -3no th•s case •s ~e•r.g

0"'-av. Novv. I n eed a ..,.., ,,ne-n ord~t on the i1hh

mot•o n •nst o nte r . Becau se tne shertH ""' ' "need

an order to keep h im within custcdy. I neeo tha t

MS. KARTAGENER : O~ay.

7HE COURT: You need to do that . Ma~e sur e ''

has ~he proper findings . okay? tndica1e present

ab•lity 10 ~av a nd thal the s ource oi the purge

•S iden1 ified as that payment . That has 10 be in

tn e V'loo' t inen o r der .

'tes. coun sei.

MR. RODERMAN: Your Honor . so. i t•s mv

unde,s1anding i~ chat '/Our ilnding •s that even

though IRS has supoosedly seized t h is 540.000

lliCCount ~-

THE COURT : Well. it's supposedly . I don~

have any evidence ot thst. I hove vvord s like

levy a nd seizure verba lly stated . But I don·t

have a n y-- this is-- lock at your d esk for the

records ~ilted v..·ith paperJVC"rk. This is o

pepei"V'Vork- fnt ensive case. The,e V~~Ou ld be -· i f

the IRS h e d act u o llv seized thi!.· account. as:

Page 167

Mr. Tringali knows. heving done this for iiJ long

time. ~her e vvould be & document in existenc e .

Correct. s ir?

MR. T RINGALI: Yes. sir.

THE COURT : Ck<>y. We don~ have it. He h as

the- ability to comply.

Thank~.

MS. KAATAGENEA: Your Honor. e~cuse me. On \he

30 days. •hough. you gave M r. Aodermon. we wculd

al ready be in trial. Are you going co shonen

then tim e?

THE COURT: No. I'm not becau se you do vvhat y ou

can. W~"Ve got 10 uy this case a.nd get i1 ever -

vvith. These people need th is case 10 be done .

Than~s.

MS. KART AGENER: Thank you. Your Honor.

(The proceeding was concluded at 1:30 p .m.,

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STATE o)F ~LOJ;IO~

·: :JuNTY OF ;>,~l;v1 6E"-CH

I. C•ndv C Bend e r. R .P ~ . . F.~ . R . . ~end·.,

ihat I vvas avthor•z e d to and d td s t e n ograoh•cally reoon

the ior ego•ng proceedings. and tt"lat the trilnScn o t.

con~•s••ng o 1 pao;es 5 through 167. •S a 11ue and

comole1e record of m y s tenogt ophic n otes.

(IATED thos day o t ..; u ly. ?006.

Cindy C . Bender . FI .P .R .. F .?.A .

43 (Pages 166 to l 68)

P leasanton, Greer.Jlill, Meek and Associates 561 -833-7811

I I I

EXHIBITF

I..A W OJl'krrCf.:)

BARRY G .. RO:OERMAN & ASSOClATES, P.A .. PftOllt:S&IOfiiAL AS60C\J\. TlON

5tltJ We~~t Cytwe.~s CreeJc non.d, Suite 370,_ . Ft,l..Dude,·dolc:1 kt'lortd~t 33309

T~lepJ;one (954) 161-8310 ll'nCBlmllc (~54) 7t'i1w99t1

Mm:eh 6, 2008

VIA US MAIL ANO. FACSJMILE (5~1) 997wS280 Carol Kartagancr, ~~\lire . · Wass, HANDLER., ANGELOS & CORNWELL, P.A. One Bocn Place, Suite 2l8A 2255 Gludes Road . Booa :R.ato11, Florida 33431-7392

Re: .Eileen J<asman and Lewis l\asman J?nJm Beach Connfl C9se No.:502007D3002635XXXXSDFX

Dear CRroJ:

-I ha-ve sent n letter to the Judge certifying that the funds paid for.l:be $40,000.00 purge for contcm.t of Lewis I<asman were made by his parents) Hank and Joan Schiff. You. shollld rcceivo a. copy orthis in. the mniJ.

Also~ as far as your proposed Income Deduction Orde1', we cannot agree to san\c, ~s you know that our.·clieut, Lewis l<asman) has no funds available at this .time.

If you have ~my. questi-ons, please do not hesitate ·to contadt me,

Thank you.

BGR/jet oc: Client

9Z /0Z 39'ild

Barry G .. Rodennali & Associates, P.A.

A~-. -Bany G. RodertnaJ'l For the :Finn

EXHIBITG

· I

.,

09/11/2008 13:30 P.AX Selden Alder MattJ1ewman

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR PALM BEACH COUN1Y FAMILY bMSION

IN RE: THE MARRIAGE OF: CASE Np.: 502007DR002635 F'B

EILEEN S. KASMAN,

Petitioner jWue,

vs.

LEWIS KASMAN,

Respondent/Husqand.

----------------------------.1 ORDER ON 'Wlli'E'S ELIDVENTH MOTION (AND Fl:RST

SUPPLEMENT) FOR ClVIL CONTEMP'r/ENFORCE:ME:NT

~0001/0007

THlS CAUSE eaine before the Court for hearing upon the Wife"s Ele'\l'enth Motion

for Civil Contempt/Enforcement and upon the Wife's First Supplement to Wife's Eleventh·

Motion for Civil Cori.tempt/Enforcen:J.ent The Court has reviewed the Motion, the complete

file, has ;received testimony and evidence and bas also beard ~e:nt of counsel In

addition, this Court has been presented with authorities from bQth parties. Also, the

Court has reviewed the and considered deposition testimony, ·including but not limited to

the depositions of the respective forensic accountants, Joseph Tringali, C.F .A. and Michacl

S. Cri.dell, C.P.A. In addition, this Court has been proVided with portions of the transcript

o~the hearing before Judge Burton on August 2, 2007 and portions of the transcript o~ the

hearing before Judge Colin on February 27, 2008. After thoroughly renewing all of the . . . . .

above, and resolving any confli~ in the e~dence1 the Court roakes the following factual

findings and ·legal conclusions.

The Wlfe's Eleventh Motion for CivU Contempt/ Enforcement and her :First

Suppleinent to 'Wife's Eleventh Mqtion for Civil Contempt/Enforcement seeks to hold the

Husband in contempt for failure to comply with an oral pronouncement made in the court

L0! 'U3 39\1d 13131313131313131301313

09/1712008 13:31 FAX Seiden Alder Ma·t·thewmun lgJ 0002/0007

Kosman. 11. Kasmm1 . Case No. 2007DR00263SFB Order . 'Page2

on August 2, 2007 after hearing upon the Wiie's Motion for Temporaxy Relief. The Wife

contends that the Husband 4> in willful noncompliance by failing to :tnake undifferentiated

~ony and child support payment~ of $10,000.00 per month March 5> 2008 through

August 5, 2008.

The Wife has ~e burden of proof that the Husband has willfully disobeyed aiJ..

order of court and that the Husband has the present ability to comply with that order. ·

See e.g., Picurrc v. Pit:urro, 734 So.2d 527 {Fla. 4tb DCA 1999). A contempt detei'lllination

is a three step process in regard to support obligations. First, the initial burden would be

upon the Wife to show a prior order of court and failure to pay. The 'burden would then

shift to tJ::tc= Husband to show an inabilicy to pay. lf, in fact, the court finds willful violation

-~d tJ.oncompliance. there must also be a ~arate affirm.ative finding of a prt";aent ability

to pay. See e.g., Albright v. Albright, 78S So.2d 1125 (Fla. 41h DCA 2001). Rule 12.615(d}(l)

also require5 that this Court identify sources from which the contemptor could ha~e

obtamed the funds to comply with the prior order. See also1 Vazquez v, Vazqu.~ 827

So.2d 384 (Fla. 4tb DCA 2002). In addition, if incarceration is appropriate, the court is

·:required to identify the sources the eontemptor wiU use to pay any purge provision. See

R:ule12.615(d)(1); Van.Ha~y. VanHare, 870 So.2d 125 (Fla 4tll DCA 2003).

The prior order of court .for which the Wife seeks contempt i.s contained in the

transcript of the proceedings before the court on August 2, 2007. After hearlng evidence

and after numerous discussions between counsel, the Court said at page 11 in part as

follows:

Hl/~0 39'Vd 000000000000

09/17/2008 13 : 31 FAX Selden Alder Mntthewman

Ktumlan u. Kasmcm CaseNo.2007.DR002685}1' 0/Ykr Page3

THE COURT: I said what 1 said I just -·anyway, that's my ruling. I don't know who wants to submit that order. MS. KARTAGENER; I will prepare that order. THE COtJR'l': r will be curio·us to see what· comes out of that pension account. MS KARTAGENER: Okay. MR. RODERMAN: So weTe talking about $5,700 by August 5th, 2007. Then $10,000 a month on the 5th. THE COURT: Yes. Thaes undifferentiated, it's nondeductible, non~ taxable. That's very. temporary. It's withoUt prejudice.

Please, if you find anY,thing else, Ms. Kartagener, I urge you to call my office. I want something, you know. 2006, 2007, not - I don' want to go back to 2003 and say, here it is.

· I'm urging him to get the discovery. You got to get the discovery. The 9nlY' thing that will make this end is if you get

· the discovery. MS. KARTAGENER: Your Honor, when can we look for depositions here so that we can hopefully wrap up this cue? THE COURT: I don't think he is going to say too much in- the depo from what I understand. I don't know. I have to- we have got to deal with that if in fact that's what happens. MS. KAR'l'AGENER: Well, Barry and I will discuss that other issue. THE COURl': You -will s1,1bmit the order? MS. KARTAGENER: Yes, I will.

@0003/0007

For reasons that are not entirely known, an order was never sublllitted tQ the judge and,

therefore, the judge's ruling was m.:ver reduced to writing. Nevertheless, the parties

operated in compliance with the court's ruli:ne. In general, it has long been the law of this state that a: court order does not

become effective until such tim~ as it has been rendered. See e.g., Barry u. Robinson, 65

so.2d 739 (Fla. 1'953). Therefore, an oral pronouncement of directed verdict which was

never reduc<::d to writing prior to the judge leaving office ie, in effect, :no decision. See e.g.,

Anders v. Anders, 316 So.2d 439 (Fla. 1~~ DCA 1979). Similarly, an orde:r does not take

effect until it is sigrted and filed and a court~s oral pronouncement at a :motion hearing

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amounts only r.o a statement .to the court's present intention as to how it will rule.

[Emphasis suppliedJ. See e.g.1 .Dalton v. Dalton, 412 So.2d 928 (Fla. lat. DCA 1982). Even

the belief that a motion bad been g~-anted can:11-ot cure the absence frotn the record of a ·

writttm and lliigned order granting a motion. !d. at 930. See also, Magnant v. Peacock, 24

so.2d 314 (Fla. 1945). . .

The Wife nevertheless correctly po4tts out that an oral order of court can be a . .

basis for contempt. In J'amason t.l. State, 447 So.2d 892 (Fla. 4tl\ DCA 1983) a circuit judge

telephoned the chief of the West 'Palm Beach. P'olice Department and gave him an oral

~er (in the nature of a writ of habeas ·corpus~ to bring a prisoner befor~ her immediately. . .

The Fourth District Court of Appeal held that this was sufficient to hoid the law

enforc~ent officers in .criminal eontempt. Id. at 896. 'l'bis Court has no doubt that direct

·orders to a party by the court cannbt be violated with impUnity and this Court woUld have

the right to hold such violators itt criminal contempt. Those ar~ not tht facts in the

present litigation. A hearing was held be~ore the ~u.rt at which time be pronounced ·his

oral ruli:ng with the clear intent that ruling would be reduced to a written order.. For

whatever reasons, the order was never ~ntered ~t rendered. Under ~ch ~tances

and in .a.coordance with the above authorit;i.es, there is no order for which to be held in

contempt.

If the oral ruling during the August 2, 2007 bear4lg could ~e considered an

OX"der for w~ cont~mpt may apply, it -was .undisputed at the time of hearing that the

Husband has failed to pay those ainounts. Thex-efore, the burden thus shifted to the

Husband to show his inability to pay. The testimony at tim~ of hearing was clear from

both forensic experts as well as. th~ Wue herself that there are .po known assets nor any ·

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known sources of income which the Husband could have obtained funds to com1Jly with

the: prior order. See, Vazquez, supra. Moreover, there as no evidence of al'l. appropriate

pur~e J?rovision fx'onl which the Husband would have th~ ability to pay. See, VattE:Iare v.

VanRare, ~u.pra.. Unfortunately, for all involved, while 1he Husband earoed substantial

sums of :money m 2004 and 2006 and did have subataniliil assets, those assets have now

been consumed. The Husband ia currently unemployed and is in. the Federal Witness

Protection Progr-am_

Nev~eless, the Wife cites Sibley v. Sibley, 833 So.2d 847 (Fla. 31·d DCA 2002)

for the proposition that this Court should consider the assets of the Husband's mother in

determinimg his ability to pay. This Court finds the Sibl~y case :fac1.1lally distinguishable

from the present litigation. In Sibley, the Court found and the record demonstrated tbat

the Husband could corrunand, simply by a-sking, the payment of the purge amount

through his very wealthy fa.th.e~ who has in effect given many hundreds Qf tb.ouaands of

dollars to J.ll.tr. Sibley for any and e'Very purpose except the discharge of his support

obliga~o~. Id. at 848 .. Moreover, the court found that the husband's failu~ to pay any

sums to his ~-"Wife arose. only from a stubborn, seJi-emulating hatred and vendetta

against the ex-wife, who also happens to ~e the mother of the children and not fi:om any

· "inability to pay".

Such are not the facts ofthe present litigation. While the Husbandtsmotherhas

provided lrim with substantial money over th:e last several years1 the e\ri.dence did not

support a conclueion that the Husband could obtain or cornmand monies from his mother

simply by asking. Moreover, some of the monies paid to the Husband were for purposes of

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Kasmtin u. Kc.sman. ca&eNo.2007DROQ2635FB Order Pagers

providing 5Upport to .his wife and children. Also, aa testified to by the Husband,s mothe:r,

she cannot continue to m.aintafrl. these payments. Therefore, the Court finds that the

Sibley case is factually dissimilar and this Court cannot look to funds from the Husband•s

mother in dete:mrin.ing his ability to pay.

This Court ia not unsympathetic to the plight in which the Wife finds herself.

Although the source of income is somewhat unclear, what is clear is the parties enjoyed a

substantial lifestyle prior to separation. Unfortuna:tely, since that time, the Husband ha5

become unemployed. By, all testiroony ~t hearing> he has no assets from which to obtain

or pay the funds and all funds that were a"Vailable at~ time of sep~tion have been

expended. He currently is able. to sustain hb:nself <>nly tJ:>.rough the largess of his nwther,

which largess cannot be presumed to continue. Not ori.ly is the Husb.a:nd unemployed at

p:resen~ it is undisputed that he is currently in the Federal Witness Protection Program.

Sinillarl;y, it is also unfortunate, for whate"ler reason~ that an order was not ter;tdc::red

based upon the oral ruling by the Court on August 2, 2007. This Court cannot. however,

create an order where one dots not e:xi.st.

It is therefore

CONSIDERED, ORDERED AND ADJUDGED that the Wife's Eleventh Motion

(and F.inlt Supplement} for Civil Contempt/Enforcement is hereby de1'1ied.

· ·DONE AND ORDERED at West-P

t ~day of September, 2008.

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DAVID F. CROW C!RCUI'l' COURT JUDGE

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Copy furnished:

Se i dtlll Al der arattheW\Ilan 1410007/0007 - . .

ANDREW SEIDEN, ES'QUIRE, 2300 Glades Rd., Suite 340, West Tower, Boca Raton, FL 33431 CAROL A. lCARTAGENER, ESQUIRE, 2255 Glades Rd., Suite 218A, Boca Raton, FL 33431 JOEL M. WEISSMAN', ESQUIRE, 515 N. Flagler Dr., Suite 1100, West ?ahn Beach, FL 33401

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EXHIBITH

Judiciary JQC looks at ·ud e who did not disclose relationshi s

May 14, 2008

The state Jud;dal Qual;ficat;ons Commiss;on ;s look;ng ;nto Palm Beach Circuit Judge Martin Colin's practice of allowing attorneys who represent his girlfriend to appear in cases before him in family court .

Web Extra:

FDLE report A complaint against Col in came from the girlfriend's exhusband, Jay Gordon, last August.

He wrote Florida Supreme Court Chief Justice R. Fred Lewis asking for help, and Lewis forwarded the letter to the JQC.

The commission wrote Gordon last September to say his information "would be added to a fi le in this matter for consideration by the commission."

By. John Pacenti

The 4th District Court of Appeal already has weighed in on the issue forcing Colin to recuse himself from a childsupport case after the father learned the opposing counsel succeeded Colin in his girlfriend's 2001 divorce case. Colin and Boca Raton attorney Jonathan Root did not disclose the connection in court.

A circuit judge who heard the girlfriend's divorce case when Colin was her attorney accused him of bullying tactics, and a public defender handling a criminal contempt case against the ex-husband after Colin became judge called him the "ghost prosecutor." Root was appointed special prosecutor in a criminal contempt proceeding against Gordon stemming from the divorce case.

Raymond Baez, the father in the child-support case, and Gordon took their shared beef to the Florida Department of Law Enforcement, which found no grounds for criminal charges. FDLE said in its November report that it would forward its findings to the FBI.

Colin serves as judge at the South County Courthouse in Delray Beach.

A call to Colin's office resulted in a call from the judge's attorney, Scott Richardson of West Palm Beach, who would not confirm a JQC complaint.

Richardson said it would be inappropriate for the judge to comment but found no merit in Baez's accusation that Colin did anything improper. Richardson, who did not say why he was representing Colin, is a criminal defense attorney who has represented judges in JQC actions.

In response to follow-up questions, Richardson wrote: "I regret that I am unable to respond any further to your inquiries with regard to matters related directly or indirectly to Mr. Gordon."

Since Colin was elected to the bench, his girlfriend, Elizabeth Savitt, has been represented by at least three attorneys: Root, John Schutz of Schutz & White in Boca Raton and Henry Handler of Weiss & Handler in Boca Raton.

Root and Christopher Jette of Goldstein & Jette in West Palm Beach also served as special prosecutors in Gordon's contempt case.

Root, Schutz and Handler still practice in front of Colin and have disclosed their relationship since the 4th DCA decision was issued last Aug . 8. Jette said he doesn't feel the need to disclose anything since he never directly represented Savitt.

In the tight-knit world of Palm Beach's eight-judge family court, Root insists he gets no special treatment by Colin and sees no confl ict in appearing before Colin.

"Since representing his girlfriend, he's decimated some of my clients," he said . "I can tell you he has shown no favoritism towards me."

Schutz said, "I haven't had any favorable or disfavorable treatment by Judge Colin." Despite being listed as Savitt's attorney on recent court documents, he said he no longer represents her.

Handler said, "We don't believe we have any advantage in front of him except that we have his respect and he listens to our arguments."

Jette, a former assistant state attorney, said his relationship with Colin hasn't changed since he was special prosecutor. "I don't think there's been appreciable change in the way we treat each other, and I will define that as a businesslike relationship," he said.

Gordon said he met with a JQC investigator in January and sent a follow-up letter, saying Root, Schutz, Jette and Handler had or have cases pending before Colin.

In August. the 4th DCA panel had found a conflict in Root's appearance before Colin in Baez's case. The unsigned opinion from the three-judge panel noted Savitt wasn't a relative, but "disqualification is appropriate where a reasonable litigant would have a well-grounded fear of not receiving a fair trial."

The court concluded the difference between a wife and girlfriend "to be a distinction without a difference."

Despite the appellate loss, Colin did not rescind a writ ordering Baez to pay Root $31,000 for attorney fees and forensic accounting. When Baez refused to pay, he was arrested on the 6-month-old writ last November by a deputy posing as a Papa John's pizza delivery man and took out a loan to cover the court order.

"I'm a single dad of three kids," Baez said. "What am I going to do? Stay in jail and pay a babysitter from jail? My only recourse was to use my line of credit."

Sheriffs Sgt. James Stevenson of the court services bureau said his unit is bullish about executing warrants in domestic cases, and Baez's case was no different.

The FDLE took a one-day look at Baez and Gordon's complaint linking Root's $31,000 fee in Baez's case in early 2007 to Root's rejected request for $11,000 for his work as Gordon's special prosecutor in December 2004. Gordon, in a follow-up letter to the JQC last November, called the Baez money a payoff to Root.

"Mr. Baez and Mr. Gordon contended that the $31,000 court-ordered fee was extremely excessive and an obvious effort by Judge Colin in concert with attorney Root to recoup the $11,000 he was never paid" as Gordon's special prosecutor, according to an FDLE report obtained by the Daily Business Review.

FDLE agent Richard Caplano in West Palm Beach concluded the allegations could not be substantiated. He did not return phone calls for comment. His report said he passed the information to the FBI.

Judy Orihuela, the FBI spokeswoman in Miami, said the men's complaints seem more suited for the JQC. "There's no federal violation we would investigate," she said after reading the FDLE report.

Baez said he was talking this month with the FBI about the issue.

"I'm not going away," Baez vowed. "How many other cases are out there like this?"

By JQC policy, executive director Brooke Kennerly said she could not discuss whether the complaint against Colin has been dismissed. Gordon said he has received no correspondence saying the case has been closed.

The commission discipl ined a judge on a similar issue in 2000. Second District Court of Appeal Judge Richard Frank in Lakeland received a reprimand in part for failing to disclose an attorney who appeared before him represented his daughter in her divorce case.

Col in and Gordon have tangled before.

In a 2004 order, Palm Beach Circuit Judge Jeffrey Colbath wrote that Colin, while representing Savitt, sought "to

invoke the court system to intimidate and bully Mr. Gordon. As a result of his relationship with Ms. Savitt, Mr. Colin may have lost objectivity and is not problem solving, but is exacerbating the post-judgment conflicts between these parties."

Palm Beach County Assistant Public Defender Margaret Good-Earnest, who represented Gordon on his contempt appeal, claims in a footnote to a Supreme Court brief that Colin was pulling the strings in the divorce drama between Savitt and Gordon long after he was elected to the bench.

She pushed the issue when she asked for Florida Supreme Court review of the 4th DCA case, hoping for a ruling on adversarial attorneys appointed as special prosecutors. The Supreme Court declined to review the case.

Mike Edmondson, spokesman for State Attorney Barry Krischer's office in West Palm Beach, said a longstanding agreement allows judges to appoint Bar members as special prosecutors for criminal contempt cases arising in civil court.

"Generally, we don't do them because of the volume generated in civil court," Edmondson said. "We're not involved."

Root and Jette served as Gordon's special prosecutors. He was convicted, but the 4th DCA overturned the conviction and reiterated Colbath's remarks about bullying by Colin.

"Allegations that Colin was the unfair ghost prosecutor of appellant are just now emerging," Good-Earnest wrote in her brief last November, citing "Colin's improper participation" in the contempt case.

Colin has appeared as a spectator in the courtroom gallery for divorce and custody proceedings in his girlfriend's case, Gordon said. The judge consulted with Schutz at a hearing last Nov. 5 on his son's home school education and attorney fees, drawing an objection from Gordon's attorney.

John Pacenti can be reached at [email protected] or at (305) 347-6638.

Martin Colin photo by Melanie Bell

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