Jim Greer deposition transcript part 4

564

1 IN THE CIRCUIT COURT OF THESECOND JUDICIAL CIRCUIT, IN

2 AND FOR LEON COUNTY, FLORIDA

3

4 JAMES GREER,

5 Plaintiff,

6 vs. CASE NO. 2012-CA-0962

7 REPUBLICAN PARTY OF FLORIDAMIKE HARIDOPOLOS, and

8 JOHN THRASHER,

9 Defendant.___________________________/

10

11 VOLUME 4

12 DEPOSITION OF: JAMES GREER13 TAKEN AT THE INSTANCE OF: Defendant Haridopolos

14 DATE TAKEN: May 25, 2012

15 LOCATION: 909 E. Park AvenueTallahassee, Florida

16COMMENCING: 1:56 p.m.

17CONCLUDING: 3:14 p.m.

18

19 REPORTED BY:

20 PEGGY OWENS

21 REGISTERED PROFESSIONAL REPORTER

22 REGISTERED MERIT REPORTER

23

24

25

PEGGY OWENS & ASSOCIATES (850) 222-6010

565

1 A P P E A R A N C E S

2 DAMON CHASE, Attorney at Law, of the law

3 offices of Chase/Freeman, 1525 International Parkway,

4 Suite 4021, Lake Mary, Florida 32746; appeared on

5 behalf of the Plaintiff.

6 STEPHEN S. DOBSON, III, Attorney at Law, of

7 the law offices of Dobson, Davis & Smith, 610 N. Duval

8 Street, Tallahassee, Florida 32301; appeared on behalf

9 of the Republican Party of Florida.

10 DEAN LEBOEUF and TODD RESAVAGE, Attorneys at

11 Law, of the law firm of Brooks, LeBoeuf, Bennett,

12 Foster & Gwartney, P.A., 909 East Park Avenue,

13 Tallahassee, Florida 32301; appeared on behalf of the

14 Defendant Haridopolos.

15 KENNETH W. SUKHIA, Attorney at Law, Sukhia

16 Law Group, 2846 Remington Green Circle, Suite B,

17 Tallahassee, Florida 32308; appeared on behalf of

18 Defendant Thrasher.

19

20

21 I N D E X

22 WITNESS PAGE

23 James Greer

24 Direct Examination by Mr. LeBoeuf 567

25 Cross Examination by Mr. Sukhia 574

566

1 E X H I B I T S

2 NO. PAGE

3 34 - 4/1/08 Forward Strategies

4 Consulting Contract 580





9 37 - 6/25/08 Picotte Fundraising

10 Services Agreement 590

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

567

1 D E P O S I T I O N

2 Whereupon,

3 JAMES A. GREER,

4 called as a witness; after having been previously duly

5 sworn, was examined and testified as follows:

6 MR. CHASE: He has one question he would like

7 to clarify.

8 DIRECT EXAMINATION

9 BY MR. LeBOEUF:

10 Q Mr. Greer, we are back from lunch break, and

11 I understand that there is something about your prior

12 testimony that you would like to clarify.

13 A Yes, sir. Yes, Mr. LeBoeuf. You asked me

14 where beyond the $124,000 payment that was due did the

15 RPOF cause any damages.

16 And I listed various things in the agreement

17 that I believe they breached and caused damages. But

18 you also asked me about the criminal case.

19 And I believe that RPOF orchestrated and used

20 their political influence and power to create the

21 criminal case, the criminal accusations, and were very

22 much involved in directly influencing through the

23 Attorney General Bill McCollum, through John Thrasher

24 as a State Senator, the criminal case that was filed

25 against me.

568

1 And I believe that is a major portion of the

2 damages filed against me, where RPOF's efforts and

3 failure to disclose and address the severance

4 agreement, and basically just created this fabrication

5 that a crime had been committed.

6 Q Do you have any direct evidence that RPOF or

7 Senator Thrasher or Mr. McCollum or anybody else was

8 actively involved in causing you to be arrested?

9 MR. CHASE: Object to form. Calls for a

10 legal conclusion.

11 THE WITNESS: Yes, I believe by the public

12 statements that Bill McCollum made, the audit that

13 was conducted that simply attacked myself and

14 Governor Crist. After they had specifically

15 stated that every expenditure under my

16 Chairmanship was proper, lawful and appropriate,

17 that any issues that would arise out of any

18 expenditures or contracts, known or unknown,

19 foreseen or unforeseen or any issue relating to

20 the appropriateness of any contract or expenditure

21 would not be raised.

22 And then later John Thrasher and Bill

23 McCollum and the Republican Party of Florida

24 breached that provision of that agreement and made

25 false accusations against me, which resulted in my

569

1 arrest.

2 BY MR. LeBOEUF:

3 Q Anything else?

4 A No.

5 Q Okay. So you believe that you have covered

6 everything that you believe they did or didn't do that

7 caused you to be arrested?

8 A There may be other aspects that they were

9 involved in, but I don't know of any at this time.

10 Q And you made the comment about what -- I

11 think it was that Senator McCollum and/or Senator

12 Thrasher said that you saw in newspaper articles that

13 you believe led to you being arrested. Can you be more

14 specific.?

15 MR. CHASE: Bill McCollum was Attorney

16 General, as opposed to senator.

17 BY MR. LeBOEUF:

18 Q Did I say Senator? Excuse me, I meant

19 General McCollum.

20 A Yes, shortly after the severance agreement

21 was signed, Senator Thrasher started making public

22 comments about the audit, conducting an audit,

23 reviewing expenditures, were in clear violation of the

24 agreement if, in fact, the result of that audit in any

25 way criticized any expenditures under my Chairmanship,

570

1 when in fact they had a binding agreement where they

2 recognized that any contract and any expenditure was

3 proper, lawful and appropriate; and that they agreed

4 that there would be no questions relating to the

5 appropriateness of any contract or expenditure.

6 And not only did they violate that agreement,

7 I'm not sure that I know, but I'm sure some day we will

8 know who led this conspiracy and orchestrated this

9 effort to charge me with a crime and have me arrested

10 simply for the purpose.

11 The final, the final hail Mary pass for

12 getting out of paying me my agreement was to accuse me

13 of a crime when they had tried everything else for two

14 months to not pay me.

15 The final decision, in my opinion was made,

16 you know, we are going to have to pay him if we don't

17 come up with something good. And the something good

18 was accuse me of a crime.

19 Q But other than your opinion, you don't have

20 any direct evidence of who took that action, do you?

21 MR. CHASE: Objection. Misstates facts in

22 evidence.

23 THE WITNESS: I don't at this time.

24 BY MR. LeBOEUF:

25 Q All right. And with regard to the criminal

571

1 investigation that resulted in your arrest, you don't

2 have, it is certainly not your position that any of the

3 parties to this lawsuit were not able to answer any

4 questions by law enforcement?

5 MR. CHASE: I'm sorry, could you please

6 restate the question?

7 BY MR. LeBOEUF:

8 Q Certainly. You understand that there was a

9 criminal investigation conducted that resulted in your

10 arrest; right?

11 A Well, I understand that there was an

12 investigation conducted at the direction of the

13 Attorney General and John Thrasher. Senator Thrasher,

14 who was head of RPOF at that time, I understand that

15 FDLE was utilized to conduct that investigation.

16 I'm not sure what transpired, what political

17 influence or pressure was applied to FDLE to come to

18 their conclusion.

19 It would seem to me that if RPOF adhered to

20 their assigned agreement that they acknowledged that

21 any and all contracts were lawful, appropriate, and

22 ratified, and if they had told FDLE that, it would seem

23 to me that FDLE would not have concluded that a crime

24 had been committed.

25 But I don't know, I just read recently where

572

1 a United States Congressman publicly stated that FDLE

2 went on a political witch hunt to accuse him of a crime

3 and wasted taxpayer money to create a political

4 investigation.

5 So after I read that story, I'm not sure, you

6 know, I'm not sure exactly what FDLE's goals are at

7 times when they are getting political pressure or

8 political influence.

9 But ultimately, if RPOF had adhered to the

10 agreement that they signed, I don't believe any

11 accusation of a crime could ever have been raised.

12 Q And just for my own understanding, you don't

13 believe that there was anything about that contract

14 that prevented any representative from RPOF or any of

15 the defendants in this case from meeting with, or

16 honestly answering questions proposed to them as part

17 of a criminal investigation; do you?

18 MR. CHASE: Object to form. Calls for a

19 legal conclusion.

20 THE WITNESS: I don't believe if they had

21 adhered to the agreement, a criminal investigation

22 would ever have been conducted. Because they

23 specifically stated that nothing occurred that

24 could in any way remotely be considered a crime,

25 any contracts, agreements, known or unknown, seen

573

1 or unforeseen, any issues relating to any

2 inappropriateness of any expenditures.

3 So I don't know what conversations they would

4 have had with FDLE or anyone else in law

5 enforcement regarding a crime, when they

6 specifically stated in this agreement no crimes

7 had been committed.

8 BY MR. LeBOEUF:

9 Q Well, Mr. Greer, in all fairness, once your

10 creation of Victory Strategies was discovered, and your

11 majority ownership interest in Victory Strategies was

12 discovered, it is certainly not your position that they

13 weren't able to disclose that information that they had

14 discovered after they signed the contract, is it?

15 MR. CHASE: Object to form. Misstates facts

16 in evidence and calls for a legal conclusion.

17 THE WITNESS: It is my position I was

18 directed and authorized to take over fundraising

19 of the Republican Party, to receive compensation

20 for it. It is not a crime to commit a company --

21 to form a corporation or an LLC, which I had legal

22 counsel advise me on how to go about doing that.

23 And the severance agreement provided for an

24 extensive hold harmless provision that I could

25 never raise any issues against RPOF. They could

574

1 never raise any issues against me.

2 And they later violated that agreement and

3 orchestrated a criminal case, which was their

4 ultimate attempt to not pay me my severance

5 payments.

6 MR. LeBOEUF: All right. That's all the

7 questions I have at this time. I believe

8 Mr. Sukhia may have some questions.

9 MR. SUKHIA: Thank you.

10 (Mr. LeBoeuf departed the deposition.)

11 CROSS EXAMINATION

12 BY MR. SUKHIA:

13 Q Mr. Greer, I'm Ken Sukhia. We have met.

14 And I, of course, represent John Thrasher in this

15 proceeding.

16 And I want to follow up, obviously, on some

17 of the questions that have been asked. And I wanted to

18 start with a clarification, a question to see if maybe

19 you could clarify something.

20 You said when you were talking with Charlie

21 Crist and when you informed him of Victory Strategies,

22 that as you've just testified, your position is that,

23 well, I had approval from the Governor to do

24 fundraising activities, to take over the fundraising

25 activities, and also to be paid for it.

575

1 And I believe your testimony was, the

2 Governor told me to fulfill the fundraising

3 responsibilities and to pay myself a commission. That

4 wasn't my question.

5 But I was just saying, I mean I was, I wrote

6 it down. That's why I put quotes around it because

7 that's to indicate that's what I believe your testimony

8 was. Does that sound familiar?

9 A Not initially.

10 MR. CHASE: Object to form.

11 THE WITNESS: Initially when he instructed me

12 to get right of Meredith O'Rourke and cancel her

13 contract, during that time frame me taking over

14 fundraising was not the prominent part of the

15 discussion because I wanted to find another

16 fundraiser.

17 So that's when I started interviewing, as we

18 discussed yesterday. And ultimately, at the end

19 of the day, he told me to get rid of her. He told

20 me to take over fundraising. He told me to pay

21 myself, to pay myself and Delmar for that.

22 I don't believe we talked specifically about

23 what it was going to be, how much, or anything of

24 that nature.

25 BY MR. SUKHIA:

576

1 Q In that regard, as to what else he didn't

2 talk to you specifically about, isn't it true that he

3 did not tell you to do that and do it secretly, i.e.,

4 without informing anyone at RPOF about it?


6 THE WITNESS: No, because the Governor's

7 position was that he had the power and authority

8 to approve and direct me to do it, and I didn't

9 need to tell anyone else.

10 And that was a regular occurrence with the

11 Governor. The Governor did not believe that I was

12 required on many occasions when he instructed or

13 directed me to do things, that I needed to receive

14 anyone else's approval.

15 BY MR. LeBOEUF:

16 Q All right. He didn't tell you to do it

17 secretly, did he?


19 THE WITNESS: We never had a discussion of

20 secret or not secret.

21 BY MR. SUKHIA:

22 Q So he didn't tell you do it secretly?


24 THE WITNESS: Correct.

25 BY MR. SUKHIA:

577

1 Q He never directed you to do it in such a way

2 that it was concealed from RPOF, did he?


4 THE WITNESS: Other than we had a discussion

5 one time about Meredith O'Rourke interfering with

6 the fundraising efforts. And that's why I think

7 the discussion came up about paying her $5,000, or

8 that was part of that discussion.

9 BY MR. SUKHIA:

10 Q Well, let me ask you. Are you saying that in

11 that discussion the Governor said make it secret, don't

12 tell anybody that you are paying yourself and Delmar a

13 commission on this?


15 THE WITNESS: No, I don't recall that, that

16 being discussed.

17 BY MR. SUKHIA:

18 Q He never said anything like that?


20 THE WITNESS: No, I don't recall him saying

21 that.

22 BY MR. SUKHIA:

23 Q Now, on that subject of you and Delmar. You

24 testified that in this conversation with the Governor

25 there was some acknowledgment or understanding that

578

1 there would be a need to or at some point you

2 determined it would be necessary that you keep your

3 name out of this; i.e., in terms of the filings that

4 might be made, that might be accessible to someone;

5 i.e., that it only be Delmar's name on there. Did you

6 make that determination in this?


8 THE WITNESS: As I initially recall, I don't

9 think that Delmar thought he was going to be

10 publicly disclosed. Because the whole discussion

11 centered on if Meredith finds out that we are

12 doing the fundraising, she will try and obstruct

13 us from being successful.

14 BY MR. SUKHIA:

15 Q Okay. Now, if Meredith knew that Delmar had

16 any involvement in this, she would also be destructive?

17 A I don't know whether she would or would not

18 have been.


20 THE WITNESS: I know that anyone who tried to

21 replace her as the fundraiser, she had

22 demonstrated that she was not cooperative. She

23 had demonstrated she had the ability to interfere

24 in fundraising.

25 I'm not sure if it was just us. I think it

579

1 would have been anybody; but certainly us, she

2 would have enhanced her efforts in interfering in

3 our ability to be successful.


5 BY MR. SUKHIA:

6 Q You testified to the fact that other

7 contracts that, the fundraising contracts before

8 Victory Strategies, that were entered into with the

9 Party, that those contained confidentiality provisions,

10 as well?


12 THE WITNESS: As I recall, yes.

13 BY MR. SUKHIA:

14 Q Isn't it a fact that none of those prior

15 contracts, other than the one that you testified about

16 drafting as a proposed contract, that was drafted on

17 January 15, I believe, which was the last contract for

18 Meredith O'Rourke's company, isn't it true that none of

19 those actual contracts that were entered into with the

20 Party had a confidentiality provision that said

21 anything whatsoever about withholding information from

22 RPOF and from the Finance Committee of RPOF?

23 MR. CHASE: Object to form, and it assumes

24 facts not in evidence.

25 THE WITNESS: There is no such thing as the

580

1 Finance Committee of RPOF. That was an entity I

2 created as Chairman which has no place in the

3 constitution or anywhere else.

4 As it relates to a confidentiality provision,

5 I don't recall the specifics. I know that all of

6 them have, because the fundraisers want them to

7 have a confidentiality clause.

8 MR. CHASE: And Ken, you are with me, if I

9 say object to form, it is relevance, okay?

10 MR. SUKHIA: Yes. Can you mark this as the

11 next exhibit, No. 34.

12 (Whereupon, the document was marked as

13 Deposition Exhibit No. 34.)

14 BY MR. SUKHIA:

15 Q I'm handing you what's been marked as Exhibit

16 No. 34 for this deposition and ask you if you can

17 identify that.

18 A It appears to have my signature, but I don't

19 recall this document.

20 Q Can you identify what it is?

21 A It is a Consulting Contract between the

22 Republican Party of Florida and Forward Strategies.

23 Q What is Forward Strategies?

24 A I believe that was the name of Meredith's

25 fundraising company at the time.

581

1 Q Meredith O'Rourke?

2 A Uh-huh.

3 Q And when was this contract entered into?


5 BY MR. SUKHIA:

6 Q It was entered into in April of 2008, was it

7 not?


9 THE WITNESS: It appears to be, yes.

10 BY MR. SUKHIA:

11 Q This is your signature, as best you can tell?

12 A It appears to be.


14 THE WITNESS: Although, I don't know what

15 these lines are going across the page, which I

16 find unusual; but it appears to be my signature.

17 BY MR. SUKHIA:

18 Q I want to direct your attention to paragraph

19 9 of this agreement. And ask you to tell me where, if

20 you can see it in that agreement, that it has language

21 consistent or where it contains the same language that

22 your Victory Strategies confidentiality agreement

23 contains regarding -- specifically regarding not

24 disclosing any portion of the agreement to major donors

25 or to members of the RPOF Finance Committee without the

582

1 express approval of the Chairman or the Executive

2 Director?

3 MR. CHASE: Object to form, and the document

4 speaks for itself.

5 THE WITNESS: The language --

6 BY MR. SUKHIA:

7 Q I'm just asking you. I have a specific

8 question.

9 A I don't, I see where that -- those exact

10 words are not used.

11 Q Well, are there any words in the contract you

12 signed for Forward Strategies in April of 2008 which

13 say anything about withholding information from the

14 RPOF or the Executive Director or -- excuse me -- or

15 the Finance Committee or Finance Chairman, anything

16 like that?



19 THE WITNESS: Actually, I think this

20 agreement with Forward Strategies exceeds the

21 language --

22 BY MR. SUKHIA:

23 Q That's not my question. And I think, you

24 know, I'm going to ask you to just answer my questions.

25 A I'm trying my best to answer your questions.

583

1 Q Well, that wasn't an answer.

2 MR. CHASE: Actually, let him answer the

3 question, and you can move to strike after he is

4 done. But he gets to answer the question you

5 asked him.

6 Go ahead and finish answering the question,

7 Mr. Greer.

8 THE WITNESS: I believe that this document

9 you presented, the confidentiality provisions are

10 extensively more than the agreement that was in

11 the fundraising agreement with Victory Strategies,

12 because this agreement states that the consultant

13 hereby confirms that all such information related

14 to the client's business will be kept confidential

15 by the consultant, except to the extent that such

16 information is required to be divulged to the

17 consultant's clerical staff or associates.

18 So it looks to me, that according to this,

19 she may not have been able to disclose information

20 to RPOF under this confidentiality provision.

21 BY MR. SUKHIA:

22 Q Doesn't the first portion of that provision

23 say each party hereto ("Such Party") shall hold in

24 trust for the other party hereto, and shall not

25 disclose to any other, to any non-party to the

584

1 agreement any confidential information or other such

2 party or confidential information?

3 MR. CHASE: Object to form. Document speaks

4 for itself and its argumentative.

5 THE WITNESS: It does.

6 MR. CHASE: Very nice tone, by the way.

7 THE WITNESS: It does in the first paragraph,

8 but then the fourth paragraph becomes more

9 extensive.

10 MR. SUKHIA: Now, let me show you the earlier

11 contract which, excuse me, which we'll mark as

12 Exhibit No. 35.



15 BY MR. SUKHIA:

16 Q And let you look at that. Can you identify

17 what this contract is?

18 A It appears to be a fundraising contract for

19 Forward Strategies.

20 Q Okay. And is that your signature on this

21 contract?


23 THE WITNESS: The addendum has my signature

24 on the contract; not the contract, itself.

25 BY MR. SUKHIA:

585

1 Q I want you to again look at the paragraph

2 number four of this contract, which is identified as

3 confidential information. And tell me if in any

4 portion of this contract it contains any language

5 forbidding Forward Strategies from sharing any aspect

6 of this information to the Finance Committee or to the

7 Finance Chairman of the RPOF?

8 MR. CHASE: Object to form. The document


10 THE WITNESS: The Finance Chairman or Finance

11 Committee is not noted in this agreement; but it

12 is an extensive confidentiality provision that

13 states that the consultant hereby confirms that

14 all such information relating to the client's

15 business will be kept confidential by the

16 consultant.

17 BY MR. SUKHIA:

18 Q Okay, let's explore that. It says that the

19 consultant acknowledges that during the performance of

20 the contract the consultant may learn or receive

21 confidential client information.

22 Now, who is the client, to your understanding

23 there?


25 THE WITNESS: I would assume the Republican

586

1 Party of Florida is the client.

2 BY MR. SUKHIA:

3 Q That the consultant may receive confidential

4 client information; and therefore, the consultant

5 hereby confirms that all such information relating to

6 the client's business will be kept confidential by the

7 consultant.

8 Do you see anything in this provision that

9 would say that the nature or the very existence of this

10 agreement, or any information about the agreement,

11 shall not be disclosed to the major donors or to the

12 RPOF, or including the Finance Chair or the Finance

13 Committee of the RPOF?



16 THE WITNESS: I see that it is a

17 confidentiality provision of this agreement.

18 MR. SUKHIA: Let me show you a document

19 marked as Exhibit No. 36. Ask you if you can

20 identify it, please.



23 BY MR. SUKHIA:

24 Q Can you identify what that is, please?

25 A It appears to be an agreement from 2005

587

1 between the Republican Party of Florida and Meredith

2 O'Rourke.

3 Q And if you will look at paragraph four,

4 subparagraph E, little E.?

5 MR. CHASE: Paragraph what? I have an A and

6 B, Ken. Did you say E?

7 MR. SUKHIA: Excuse me.

8 MR. CHASE: Do you have the wrong document?

9 MR. SUKHIA: My eyesight, I guess --

10 MR. CHASE: I can't read it either.

11 THE WITNESS: I can't read it either.

12 MR. CHASE: I think you are talking about, it

13 looks like paragraph A is consistent with your

14 line of questions.

15 MR. SUKHIA: Yes, I think paragraph A is what

16 I'm referring to. I guess the last paragraph.

17 MR. DOBSON: Paragraph A of what?

18 MR. SUKHIA: Paragraph 4(a), four little A.

19 MR. CHASE: I guess, I'm sorry, I'm trying to

20 help. Consistent -- if you finish -- if you

21 start -- it is just consistent with your line of

22 questioning.

23 I'm not trying to presuppose what you are

24 asking, but this sentence uses the same language

25 and then spills over.

588

1 THE WITNESS: All right.

2 BY MR. SUKHIA:

3 Q Is there anything in this agreement that

4 instructs or somehow creates a prohibition against the

5 consultant providing information to the client, itself;

6 that is, to RPOF?



9 THE WITNESS: Well, this agreement seems to

10 even be more extensive, as it is very specific

11 that the fundraiser will not, shall not release or

12 cause to be released, permit, or cause to be

13 permitted documents, donors lists, plans, and

14 like, or any other deviations or alterations.

15 It is very difficult to read. Other than

16 without the consent of the Party. But this seems

17 to be more specific as it relates to

18 confidentiality.

19 BY MR. SUKHIA:

20 Q Okay. So your reading of this would be that

21 this would restrict the consultant from sharing

22 information that she received from the Party, sharing

23 that information to the Party?


25 for itself.

589

1 THE WITNESS: It simply seems to be more

2 specific; but I would, it says what it says.

3 BY MR. SUKHIA:

4 Q Okay. You had testified previously that this

5 confidentiality agreement that you included in the

6 Victory Strategies contract was the same provision

7 which appeared, or the others all had confidentiality

8 provisions.

9 But it is true, isn't it, that none of these

10 others -- including these you looked at -- had

11 confidentiality provisions which prohibited the

12 consultant from providing information to the client,

13 that is to RPOF, about whatever she was doing?

14 MR. CHASE: Object to form. I'm sorry.

15 Object to form. The documents speak for

16 themselves.

17 THE WITNESS: No, there was, I think you

18 said, yourself, that one of Meredith O'Rourke's

19 previous contracts that was between the Republican

20 Party of Florida and Meredith O'Rourke's company

21 had the exact same language that the Victory

22 Strategies contract had.

23 BY MR. SUKHIA:

24 Q I'm talking about contracts she entered into.


590

1 for itself.

2 BY MR. SUKHIA:

3 Q I will show you that contract in a minute.

4 A I thought she had signed that one, but it was

5 presented to her for her acceptance.

6 Q But you would agree that the contracts --

7 well, strike that. Let me go ahead and give this to

8 the court reporter.

9 A If I can have one minute to use the restroom.

10 (Brief recess.)

11 MR. SUKHIA: All right. Okay, showing you

12 what's been marked as Exhibit No. 37 to this

13 deposition.



16 BY MR. SUKHIA:

17 Q You had testified that you had met Gretchen

18 Picotte, and that you retained her to do some

19 fundraising activities? I guess in your Orlando area,

20 is that correct?

21 A It was Orlando, Central Florida, yes.

22 MR. CHASE: Sorry, object to form.

23 BY MR. SUKHIA:

24 Q This Exhibit No. 37, is this the contract

25 that appears to be the contract that was entered into

591

1 between the Republican Party and Gretchen Picotte?

2 A It appears to be.

3 Q Does it also contain a confidentiality

4 provision?


6 THE WITNESS: It does.

7 BY MR. SUKHIA:

8 Q Did you enter into this agreement?


10 for itself.

11 THE WITNESS: That appears to be my

12 signature.

13 BY MR. SUKHIA:

14 Q Okay. And where did this language come from

15 in paragraph six for this agreement?


17 THE WITNESS: I don't know. There is even

18 more extensive confidential --

19 BY MR. SUKHIA:

20 Q I didn't ask that. I just asked where the

21 language came from.

22 A I don't know.

23 Q Now, you are saying there is even more

24 extensive and so forth. The language in the

25 confidentiality provision, in fact, restricts the Party

592

1 from disclosing donor information or -- excuse me --

2 the consultant and the Party from providing or

3 disclosing donor information, donor levels, financial

4 information, and all other materials provided by RPOF

5 under this agreement, which the agreement describes as

6 being, all being highly confidential; and which says

7 that these things may not be disclosed by the

8 consultant without the express permission of the

9 Chairman. Is that correct?


11 THE WITNESS: It is.

12 BY MR. SUKHIA:

13 Q And it also says, and I quote, Consultant

14 further acknowledges that violation of this duty of

15 confidentiality will subject RPOF to immediate damages

16 whose value is difficult to quantify; is that correct?


18 for itself.

19 THE WITNESS: Yes.

20 BY MR. SUKHIA:

21 Q Does it also say that the consultant

22 therefore agrees that any breach of this

23 confidentiality provision will be considered a material

24 breach of the agreement, and RPOF shall be entitled to

25 recover a hundred thousand dollars -- not as a

593

1 penalty -- but as liquidated damages approximating the

2 future economic damages that would be suffered by RPOF?


4 BY MR. SUKHIA:

5 Q Is that correct?

6 MR. CHASE: Object. The document speaks for

7 itself.

8 THE WITNESS: It says that.

9 BY MR. SUKHIA:

10 Q What portion of this confidentiality

11 agreement, if there is any, or what portion of this

12 contract prevents the consultant from sharing

13 information about the contract with RPOF, its major

14 donors, or including the Finance Committee of the RPOF?



17 THE WITNESS: Well, the Finance Committee is

18 not mentioned in this document. But this document

19 requires the consultant to get approval of the

20 Chairman as it relates to this and other issues.

21 And it even adds a hundred thousand dollars

22 liquidated damages if they breach the

23 confidentiality provision. So the document says

24 what it says.

25 BY MR. SUKHIA:

594

1 Q Okay. Is there any provision in this

2 contract, that you are aware of looking through it,

3 that would prevent the recipient from disclosing

4 information about the contract to major donors or

5 members of the RPOF Finance Committee without the

6 express approval of the Chairman or the Executive

7 Director?



10 THE WITNESS: Yes. It says in paragraph six,

11 an integral and material part of this agreement,

12 consultant acknowledges that all lists, donor

13 information, donor levels, financial information,

14 and all other materials provided by RPOF under

15 this agreement are highly confidential and may not

16 be disclosed by consultant without the express

17 permission of the Chairman.

18 BY MR. SUKHIA:

19 Q Okay. Are you suggesting that this would

20 have prevented the consultant from sharing that

21 information with the very client from which she

22 received the information?


24 for itself.

25 THE WITNESS: The document states that the

595

1 person she has to get permission from is the

2 Chairman, not the Party.

3 BY MR. SUKHIA:

4 Q Now, you didn't answer my question. Is there

5 anything in this provision that you are interpreting

6 that would prevent her from sharing any information to

7 the RPOF about this, the information that she received

8 from RPOF?

9 A Yes.



12 BY MR. SUKHIA:

13 Q All right. Let me show you again Exhibit No.

14 6. Let me back up. I am going to let you look at

15 Exhibit No. 5, which is the --

16 A What was that exhibit number, the last one

17 you handed to me?

18 Q The last one was No. 37. I want to show you

19 the fundraising -- actually these are Exhibits No. 10

20 to the deposition and No. 6. And you can look at

21 those. Now, do you recognize Exhibit No. 10?

22 A I do.


24 BY MR. SUKHIA:

25 Q And what is number 10?

596


2 THE WITNESS: It is an agreement that was

3 provided for between Meredith O'Rourke and RPOF.

4 BY MR. SUKHIA:

5 Q All right. Is this the agreement that

6 references $5,000 a month that was a proposed agreement

7 she never entered?


9 THE WITNESS: I think she ultimately signed

10 this agreement.

11 BY MR. SUKHIA:

12 Q Okay, but this is the one that does not have

13 her signature on it.

14 A Correct.

15 Q All right.


17 BY MR. SUKHIA:

18 Q Now, where did the language in this about

19 confidentiality come from?


21 THE WITNESS: I don't know.

22 BY MR. SUKHIA:

23 Q Who is it that entered into this agreement

24 with her?

25 A Myself, as Chairman.

597

1 Q Okay. And is it your testimony you have no

2 idea how the language about confidentiality came out in

3 that provision?


5 THE WITNESS: I don't recall how this

6 agreement was created. I know that the $5,000 was

7 discussed between the Governor and I, but I don't

8 recall how this agreement was --

9 BY MR. SUKHIA:

10 Q But you can see that --

11 MR. CHASE: Object to form. I'm sorry, go

12 ahead, Ken.

13 BY MR. SUKHIA:

14 Q You can see that the language in the

15 confidentiality provision there includes language about

16 not disclosing the nature of the information, or the

17 matters concerning this agreement to the RPOF, and so

18 forth, the same language that's in No. 6.


20 THE WITNESS: I agree.

21 BY MR. SUKHIA:

22 Q When was this proposed contract prepared?


24 THE WITNESS: I don't recall.

25 BY MR. SUKHIA:

598

1 Q Can you look at the date of the contract?

2 Does it identify a date?

3 A It does not. It simply has blanks when it

4 says entered into.

5 Q Do you know when it was that you were talking

6 with Meredith O'Rourke about resolving or about

7 entering into some sort of modification of her

8 agreement?


10 THE WITNESS: That went over, that went over

11 an extended period of time. We discussed

12 commissions. We discussed reductions to the base.

13 We discussed insurance for her.

14 So I don't recall exactly when this agreement

15 was presented to her.

16 BY MR. SUKHIA:

17 Q Okay. But you knew it had to be at or around

18 the time you were about to take over?

19 A Take over what?


21 BY MR. SUKHIA:

22 Q Take over the fundraising?

23 A No, this was presented to her prior to that.

24 Q At or about the time --


599

1 THE WITNESS: I don't know when it was

2 presented to her.

3 BY MR. SUKHIA:

4 Q Now, do you know if the General Counsel

5 reviewed any of these other contracts, other than the

6 Victory Strategies one I referred you to?


8 THE WITNESS: I don't know whether he did or

9 didn't.

10 BY MR. SUKHIA:

11 Q You had alleged in your complaint, in

12 paragraph 22, subparagraph M, that shortly after you

13 filed this litigation -- and I'm going to quote from

14 your complaint. It says, "In its final desperate

15 attempt to avoid its express liability under the

16 agreement, RPOF announced it was going to have Greer

17 prosecuted for failing to disclose Victory Strategies,

18 LLC."

19 And this is a verified complaint, correct?

20 That means this is under oath that you have given this.

21 A (Nodding head.)

22 Q Who at RPOF announced that it was going to

23 have Greer prosecuted for failing to disclose Victory

24 Strategies and when did they announce it?

25 A Can you repeat the time line that you are

600

1 asking about?

2 Q It says on April 1, 2010, Greer filed the

3 instant litigation. That's paragraph L. Paragraph M

4 says, shortly thereafter, in its final desperate

5 attempt to avoid its express liability under the

6 agreement, RPOF announced that it was going to have

7 Greer prosecuted for failing to disclose Victory

8 Strategies, LLC.

9 When did, quote, RPOF announce it was going

10 to have you prosecuted for failing to disclose Victory

11 Strategies, and who made that announcement?

12 MR. CHASE: Object to form. Compound

13 question.

14 BY MR. SUKHIA:

15 Q When did they announce it?

16 A It was my understanding that there were

17 conversations taking place within RPOF that they were

18 going to try and have me arrested.

19 And I believe that those discussions were

20 conveyed to certain members of the Executive Board,

21 including James Stelling, who was a member of the

22 Executive Board.

23 Q Okay. You said RPOF announced it. So when,

24 you used the phrase here, the term, "announced", you

25 mean someone at RPOF, you heard from somebody that

601

1 someone at RPOF talked about this in their private

2 meetings or something?

3 A I don't know what the term "announced" would

4 be. But I think when you become knowledgeable of

5 something, that's an announcement.

6 But I also believe that there were statements

7 from about March 15th on where RPOF was indicating that

8 there may have been a crime committed. And I was being

9 told that, that people within RPOF were discussing that

10 they were going to try and have me arrested so that

11 they didn't have to pay the severance agreement.

12 Q Do you know who was saying that, they were

13 going to have you arrested?

14 A I was told it was John Thrasher. I was told

15 that it was discussed among the Executive Committee

16 members. I was told that it was being discussed up

17 here in Tallahassee. And that I should prepare for bad

18 things coming my way, because they wanted to do

19 everything they could to not pay me my payment, which

20 became due on March 1st.

21 Q Who told you that John Thrasher or anyone

22 else at RPOF, specifically John Thrasher, who told you

23 that John Thrasher said that to avoid having to pay you

24 under this agreement they were going to have you

25 arrested?

602

1 A I think around March 22nd to the 25th, John

2 Thrasher made a statement to the press that he said

3 that he believed that crimes may have been committed by

4 me at RPOF.

5 Q Okay. Who told you that he said that to

6 avoid payments under the severance agreement, they were

7 going to have you arrested?

8 A No one told me that to avoid the payment, but

9 he made an announcement after the payment became due --

10 not prior to the payment, but after the payment became

11 due -- that crimes may have been committed.

12 So you can only interpret that if someone is

13 saying crimes may have been committed, that an arrest

14 would follow.

15 Q Let me ask you. Are you aware that Delmar

16 Johnson came to FDLE in March, on March 15th or

17 March 16th of that year, that is 2010, and that he

18 disclosed to them your involvement in Victory

19 Strategies?

20 MR. CHASE: Objection. Compound question,

21 relevance, and assumes facts not in evidence.

22 THE WITNESS: I have heard that. But if I

23 could continue --

24 MR. CHASE: You answered the question.

25 BY MR. SUKHIA:

603

1 Q Did you disclose your financial interest in

2 Victory Strategies and the payments you had received

3 from it to the RPOF auditors; that is, to Thompson,

4 Brock, Luger and Company?


6 THE WITNESS: They didn't ask me.

7 BY MR. SUKHIA:

8 Q Did you disclose your involvement in Victory

9 Strategies to CFO Richard Swartz?

10 A He didn't ask me.


12 BY MR. SUKHIA:

13 Q Then the answer is, no, you didn't disclose

14 that to him?

15 A No.


17 BY MR. SUKHIA:

18 Q Did you disclose your interest in Victory

19 Strategies to the RPOF Finance Committee Chair John

20 Rood, the one who was serving as the Finance Chair at

21 the time you entered this agreement?


23 THE WITNESS: Mr. Rood was basically useless

24 as a Finance Chair.

25 BY MR. SUKHIA:

604

1 Q That's not my question. Did you disclose,

2 did you disclose your interest in Victory Strategies to

3 the Finance Committee Chair, John Rood?


5 THE WITNESS: No.

6 BY MR. SUKHIA:


8 Strategies to the RPOF bookkeepers, Kay Linton and

9 Catherine Howell?


11 THE WITNESS: No.

12 BY MR. SUKHIA:


14 Strategies to the Budget Committee of the Republican

15 Party of Florida?


17 THE WITNESS: No.

18 BY MR. SUKHIA:


20 Strategies to the Audit Committee of the Republican

21 Party of Florida?


23 THE WITNESS: No.

24 BY MR. SUKHIA:


605

1 Strategies to Treasurer Joel Pate?


3 THE WITNESS: No.

4 BY MR. SUKHIA:


6 Strategies to Assistant Treasurer Allen Miller?


8 THE WITNESS: No.

9 BY MR. SUKHIA:


11 Strategies to the vice Chairman of the Party, Allen

12 Cox?


14 THE WITNESS: No.

15 BY MR. SUKHIA:


17 Strategies to the General Counsel to the Party, Daniel

18 Nordby?


20 THE WITNESS: He wasn't General Counsel.

21 BY MR. SUKHIA:

22 Q Let me ask you about that. Isn't it true

23 that the General Counsel to the Party from February 8,

24 of 2008 until June of 2009 was not Jason Gonzalez?


606

1 THE WITNESS: I'm not sure who was General

2 Counsel during that time, because they informed me

3 at one point in time it wasn't an individual that

4 was the General Counsel. It was a contract with

5 Ausley McMullen.

6 So therefore, there was not a person who was

7 the General Counsel. It was Ausley McMullen. So

8 Jason could step in, step out. Dan Nordby could

9 step in, step out.

10 So who was fulfilling the role as General

11 Counsel, I couldn't tell you other than the fact

12 we had a contract with Ausley McMullen.

13 BY MR. SUKHIA:

14 Q So you didn't, you didn't know who was

15 serving as your General Counsel for the Party while you

16 were Chairman?

17 A I knew --


19 THE WITNESS: I knew who came to the meetings

20 to fulfill the role as General Counsel.

21 BY MR. SUKHIA:

22 Q Who came to the meetings to fulfill the role

23 as General Counsel during the --


25 BY MR. SUKHIA:

607

1 Q -- during the period that Jason Gonzalez was

2 serving as the General Counsel in the Governor's

3 office?


5 THE WITNESS: Oh, I think it was Dan Nordby.

6 I think there was some other gentleman that popped

7 in one time and represented the Ausley McMullen

8 law firm, too.

9 BY MR. SUKHIA:


11 Strategies to Daniel Nordby?

12 A No.


14 BY MR. SUKHIA:


16 Strategies to the other fellow that you mentioned who

17 might have come over there from the Ausley firm?


19 THE WITNESS: Well, I disclosed it to Jason

20 Gonzalez. He was an employee of Ausley McMullen.

21 BY MR. SUKHIA:

22 Q Well, let me ask you about that. You said

23 you disclosed it to Jason Gonzalez. And that was the

24 same, you said that it was as you were walking out of

25 the office after the meeting, immediately preceding the

608

1 meeting at which he asked you directly if you had an

2 interest in Victory Strategies and you said no.

3 A Correct.



6 BY MR. SUKHIA:


8 A Correct.

9 Q At that, that meeting --

10 MR. CHASE: Just object to form. I mean it

11 is asked and answered.

12 MR. SUKHIA: No, no, believe me it is not.

13 MR. CHASE: When he told Jason Gonzalez when

14 he walked out of the meeting? The objection is

15 asked and answered.

16 BY MR. SUKHIA:

17 Q You were asked at one point who was present

18 at that meeting when he asked you that. And you had

19 said, gosh, I'm not sure I remember. It was, it seemed

20 like you mentioned a lady's name who might have been in

21 the meeting?

22 A No, that's wrong, Mr. Sukhia.


24 THE WITNESS: I mentioned the lady's name,

25 Katie Betta, on the day that I resigned. That was

609

1 when the Katie Betta question was answered.

2 The day that he came into the office -- and

3 this came up along with many other accusations

4 that were going around -- was the day that there

5 had been previous meetings that day. I think I

6 mentioned that I was upset. Because the

7 Republican Party was just, it was not a good day.

8 They were talking about keeping blacks from

9 voting. Having the Party pay for those

10 amendments, those constitutional amendments. Then

11 having taxpayers pay to fund the defenses. It was

12 a very hectic day.

13 But I remember that day that he did ask me

14 that in front of some other people, along with

15 many other things that he told were going on,

16 accusations about limousines, travel to New York

17 Yankee games, travel to some other issues.

18 And I think we came from my conference room

19 into my office, because there was a meeting in the

20 conference room where the House and Senate were

21 trying to find a way to have the taxpayers pay for

22 opposing those constitutional amendments, because

23 they didn't want, they wanted to find ways to

24 restrict voters from voting.

25 And we went from I believe that meeting into

610

1 my, into my office. So I don't remember exactly

2 who was in that meeting, although I do remember

3 Jason asking me that question.

4 BY MR. SUKHIA:

5 Q Isn't it true that in the meeting at which

6 Jason asked you that question, two people -- actually,

7 three people were present.


9 BY MR. SUKHIA:

10 Q Isn't it true that Eric Eikenberg was in that

11 room, that Jim Rimes was in the office, and that

12 Richard Swartz was in the office?

13 MR. CHASE: Object to form, and asked and

14 answered.

15 THE WITNESS: If they were in the room --

16 Swartz was not in the room because Swartz was not

17 involved in those type meetings.

18 BY MR. SUKHIA:

19 Q If the folks who were involved, who were in

20 that meeting, said they remembered that you were asked

21 if you had an interest in Victory Strategies, and you

22 said no, that you would sue anyone who said that -- if

23 those people said that meeting occurred at the end of

24 December, would they all be wrong?


611

1 THE WITNESS: Couldn't have occurred at the

2 end of December because I didn't go back to the

3 Party from about -- there was some date in the

4 middle of December. I was, spent Christmas -- no.

5 MR. CHASE: Just answer the question.

6 THE WITNESS: No, I don't know the dates.

7 BY MR. SUKHIA:

8 Q Now, is it your recollection that the meeting

9 at which you said, I would like to get my lawyer on the

10 phone, was not the meeting at which Jason Gonzalez

11 asked you if you had an interest in Victory Strategies?


13 THE WITNESS: That was a different date.

14 BY MR. SUKHIA:


16 Strategies to the national committeemen and national

17 committeewoman of the Republican Party of Florida?


19 THE WITNESS: No, there was no need to.

20 BY MR. SUKHIA:

21 Q I didn't ask that. I asked if you disclosed

22 it.

23 A No.


25 Strategies to the full Executive Board of the

612

1 Republican Party of Florida?


3 THE WITNESS: No.

4 BY MR. SUKHIA:

5 Q When the subject of Victory Strategies came

6 up in your conversations with Pate and Miller, and you

7 actually brought it up and said if you have any

8 question about Victory Strategies, at that point it

9 didn't occur to you it would be appropriate -- since

10 their whole purpose for being there was to review the

11 propriety of actions -- did you not feel at that point

12 it would be appropriate to inform them affirmatively of

13 your interest in Victory Strategies?


15 THE WITNESS: No, because at that time the

16 discussions of me owning part of Victory

17 Strategies was being talked about. I believe

18 there is some information that in early December

19 somebody sent the Victory Strategies contract to

20 Gary Lee.

21 So it was a general assumption at that point

22 in time, from what I understood, that people had

23 become aware that I owned Victory Strategies. And

24 when I met with Joel and Allen, I said, do you

25 have any questions about the Victory Strategies

613

1 contract. And they said no.

2 BY MR. SUKHIA:

3 Q Okay. Let me ask you this. Isn't it true

4 that the reason you brought up Victory Strategies at

5 that time to Joel Pate and Miller is because you felt

6 and knew that you were vulnerable on that issue and --


8 BY MR. SUKHIA:

9 Q Let me the finish my question. You knew that

10 at that point they didn't know of your interest in

11 Victory Strategies?

12 MR. CHASE: Object to form and compound

13 question.

14 THE WITNESS: What's the question?

15 BY MR. SUKHIA:

16 Q Isn't it true at that point you knew that

17 they were aware of Victory Strategies, and that there

18 was a concern, not about your ownership at that point,

19 because it wasn't known, widely known, but people were

20 concerned at that point, isn't it true, because Delmar

21 Johnson -- your Executive Director -- it had become

22 known at that point that he had an ownership interest

23 in Victory Strategies?

24 MR. CHASE: Object to form. Compound

25 question. Relevance. Improper question. Assumes

614

1 facts not in evidence.

2 THE WITNESS: I simply asked them if they had

3 a question about Victory Strategies. If they had

4 had one, and if they had asked, I would have told

5 them.

6 BY MR. SUKHIA:

7 Q You said that you think it was widely known

8 of your involvement in Victory Strategies because even

9 the contract had apparently been made known to and

10 shown to Gary Lee. Who was Gary Lee?

11 A He was a County Chairman.


13 BY MR. SUKHIA:

14 Q County Chairman of the Republican Party?

15 A Yes, he was one of the gang of five.

16 Q You said you believe, though, that your

17 ownership in Victory Strategies was generally known

18 because that contract had been disclosed to Gary Lee?


20 THE WITNESS: There was all types of

21 accusations, issues relating to not only Victory

22 Strategies, but there were also people that were

23 raising the issue about Meredith O'Rourke getting

24 $30,000 a month.

25 So when I had Allen and Joel in my office, I

615

1 wanted them to look at every contract. And I

2 specifically asked them, based on my assumption

3 that they might have had a question about Victory

4 Strategies, and they said they did not.

5 BY MR. SUKHIA:

6 Q Okay. The contract with Victory Strategies

7 mentions Delmar Johnson, but it doesn't mention you as

8 having any ownership in Victory Strategies; does it?



11 THE WITNESS: It doesn't.

12 BY MR. SUKHIA:

13 Q So how is it the disclosure of that contract

14 would make people aware that you had an ownership

15 interest in Victory Strategies?


17 answered.

18 THE WITNESS: Because I think that was the

19 talk.

20 BY MR. SUKHIA:

21 Q And isn't it true that because that might

22 have been the talk, that is the reason that Jason

23 Gonzalez would have asked you what about you,

24 Mr. Chairman, do you have an ownership interest in

25 Victory Strategies?

616


2 THE WITNESS: Well, the day Jason Gonzalez

3 asked me that, he asked me that in front of

4 non-RPOF employees that had no business being

5 involved in that discussion, other than the fact

6 they were participants in the discussion about

7 suppressing voters that had immediately occurred

8 before.

9 They were not involved in any contractual

10 issues with RPOF. And it was a broader discussion

11 of all the other things that were going on out

12 there.

13 BY MR. SUKHIA:

14 Q And when you had that conversation with them,

15 you discussed with them, and there was discussion in

16 that conversation about Delmar's ownership in Victory

17 Strategies, was there not?

18 A Absolutely not.


20 THE WITNESS: Delmar's name was not even

21 mentioned.

22 BY MR. SUKHIA:

23 Q Let me ask you this. It is a confidentiality

24 provision that you entered into that talks about not

25 disclosing the contents of the agreement between

617

1 Victory Strategies and the RPOF.

2 What does disclosing your ownership interest

3 in a company called Victory Strategies, how does that

4 compromise or disclose information about the contract

5 between RPOF and Victory Strategies?


7 answered.

8 THE WITNESS: I don't know.

9 BY MR. SUKHIA:

10 Q Now, you said that you sold a business, both

11 of your businesses to the Florida Restaurant

12 Association; is that correct?

13 A That's correct.

14 Q How much did you sell it for?


16 THE WITNESS: I don't recall because I had

17 partners in that firm. They got some of the

18 proceeds. I don't recall what the exact number

19 was.

20 BY MR. SUKHIA:

21 Q Well, how about a rough number?


23 THE WITNESS: I think it was over a million

24 dollars.

25 BY MR. SUKHIA:

618

1 Q Did you ever tell people that you sold it for

2 $17 million?

3 A Absolutely not.


5 BY MR. SUKHIA:

6 Q Did you ever tell anybody when you sold that

7 you concealed information about the business and got

8 something over on the people who bought it?


10 THE WITNESS: Absolutely not.

11 BY MR. SUKHIA:

12 Q Did you ever at another point tell people

13 that you received $3 million?

14 A Absolutely not.


16 THE WITNESS: I think I was asked about

17 selling it. I think George LeMieux asked me one

18 time about selling it, but I don't think we ever

19 talked about how much.

20 BY MR. SUKHIA:

21 Q How is it that you were paid for that?


23 THE WITNESS: What do you mean?

24 BY MR. SUKHIA:

25 Q Were you paid in one lump sum or were you

619

1 paid in monthly payments?



4 BY MR. SUKHIA:

5 Q And you sold it after you became Chairman --


7 BY MR. SUKHIA:

8 Q -- of the Republican Party?

9 A I did.

10 Q Sometime in 2007?

11 A I did.


13 BY MR. SUKHIA:

14 Q You don't recall how you were paid, whether

15 you were paid by lump sum, or paid in payments?


17 THE WITNESS: I think one company was paid in

18 payments and one was paid in one lump sum, but I

19 don't recall.

20 BY MR. SUKHIA:

21 Q And you don't recall the lump sum you were

22 paid?


24 THE WITNESS: No.

25 BY MR. SUKHIA:

620

1 Q Do you have any rough idea of the lump sum

2 you were paid?


4 THE WITNESS: No.

5 BY MR. SUKHIA:

6 Q Do you have an idea of the monthly payments

7 you were paid for that?


9 THE WITNESS: No.

10 BY MR. SUKHIA:

11 Q Do you know when the payments would have been

12 made for that sale --


14 BY MR. SUKHIA:

15 Q -- to you from the Florida Restaurant

16 Association or to anyone, any of your companies or

17 however it might have been structured?



20 BY MR. SUKHIA:

21 Q You don't recall?

22 A I don't recall.

23 MR. CHASE: Can we take a break?

24 (Brief recess.)

25 MR. CHASE: We are back on. Ken, he is a

621

1 little gun shy about giving like long narrative

2 answers. And so he doesn't know the exact

3 answers, so he is telling you he doesn't know. He

4 can, he can tell you about what he does know. But

5 it is like in a narrative.

6 So he is just, I think he is probably getting

7 tired because it is late in the day. If you want

8 to ask some of those questions again, I think he

9 can give you a better answer if you ask him to

10 kind of explain what you do know about it.

11 BY MR. SUKHIA:

12 Q Okay. Well, let's go back to the lump sum.

13 You said you believe you were paid, one of them was a

14 lump sum.

15 A Yes.

16 Q I asked you if you could tell me generally

17 how much that was.

18 A I think the lump sum was about a million

19 seven. Maybe, it was between a million and a

20 million -- one company was sold for I think a million

21 dollars. One company was sold for a different amount.

22 And then they paid me $10,000 a month over four years.

23 Q Okay. Who was the "they"?

24 A The Florida Restaurant Association.

25 Q Okay. Is that, is that different than the

622

1 consulting monies you were receiving? I believe you

2 testified 7,500 a month, maybe it was 8,000 a month?

3 A I think --


5 THE WITNESS: It was part of the sales

6 agreement, but they structured it so it would

7 appear as a consulting payment.

8 BY MR. SUKHIA:

9 Q Well, was that one in the same? What I'm

10 trying to determine is you said that they, as part of

11 this sale you received 10,000 a month for a period of

12 time.

13 A Yes.

14 Q In your testimony, you testified that the

15 Florida Restaurant Association was paying you for

16 consulting and hotel restaurant services. You

17 testified to I believe $8,000 a month.

18 MR. CHASE: Object to form. Everybody slow

19 down. Please. Object to form on both that

20 question and the whole line of questions. If I

21 missed one then, of course, the objection is

22 relevance again. But I'm objecting to form on all

23 of these questions.

24 BY MR. SUKHIA:

25 Q I'm trying to determine whether you received

623

1 monthly payments, two sets of monthly payments.

2 A No, one.

3 Q You received one?

4 MR. CHASE: Object to form. Jim, you've got

5 to let me get my objection in.

6 THE WITNESS: I'm sorry.

7 BY MR. SUKHIA:

8 Q And your best recollection today is it was

9 10,000?


11 THE WITNESS: It was between eight and

12 $10,000 a month.

13 BY MR. SUKHIA:

14 Q And how long were those payments supposed to

15 --


17 BY MR. SUKHIA:

18 Q -- be received?

19 A I believe it was four years.

20 BY MR. SUKHIA:

21 Q And are you still receiving those?


23 THE WITNESS: No.

24 BY MR. SUKHIA:

25 Q Oh, that's correct, but did you receive them

624

1 all? Did it come through --


3 BY MR. SUKHIA:

4 Q -- as promised?

5 A Yes.

6 Q You indicated that you feel that, you know,

7 you've had financial difficulties. You said one of

8 your credit cards were overdrawn, and so forth, since

9 you left as the Chairman.

10 Isn't it true that you had, despite the

11 income you testified about, that you had personal

12 financial problems before you left as the Chairman?


14 THE WITNESS: No.

15 MR. SUKHIA: What is the objection?

16 MR. CHASE: Financial problems before he left

17 as Chairman? How is that relevant? Okay, I'm

18 with you. I'm sorry. I will withdraw the

19 objection.

20 BY MR. SUKHIA:

21 Q You said no?

22 A No.

23 Q Were you not overdrawn on your bank accounts

24 during the time you were at the, had your Chairmanship?

25 A I had a relationship with the bank that,

625

1 because of me being in Tallahassee and traveling, that

2 the bank officers would -- if there wasn't sufficient

3 funds, would pay any and all of my checks, knowing that

4 either I had my paycheck or wiring coming in. But I

5 had a considerable amount of money personally at Morgan

6 Stanley.

7 So the issue of the bank accounts that I read

8 and heard about and this thing, this issue that has

9 been created, I simply had a relationship with my bank

10 that if a check came in, they knew to pay it.

11 And they knew that either I would transfer

12 money in or my paycheck would come in. And I have

13 spoken to the bank officers who have told me that that

14 is not a correct statement, this perception that has

15 been created about my financial circumstances.

16 And they have told me that they told people

17 that. So I was not in financial difficulty. I had a

18 considerable amount of money in Morgan Stanley that I

19 could have transferred at anytime if I needed to.

20 Q Isn't it true that you incurred substantial,

21 excessive gambling losses as a result of even just one

22 trip that you took to Vegas?


24 THE WITNESS: I'm not sure what gambling,

25 what excessive losses would be; but the answer to

626

1 that is no. And I'm sure there is a way to show

2 that I haven't substantiated major gambling losses

3 to Vegas.

4 BY MR. SUKHIA:

5 Q Okay. So is it not true that during one

6 session of about an hour you lost $30,000?

7 MR. CHASE: Object to form. My apologies.

8 Absolutely not.

9 BY MR. SUKHIA:

10 Q How much did you lose? Was it more than

11 10,000?


13 THE WITNESS: No.

14 BY MR. SUKHIA:

15 Q Was it more than 5,000?


17 THE WITNESS: I don't know because I never

18 took much money with me. I think the most I ever

19 took to Vegas one time was $5,000.

20 BY MR. SUKHIA:

21 Q Were you getting the money off of a credit

22 card --


24 BY MR. SUKHIA:

25 Q -- when you were gambling?

627

1 THE WITNESS: No, most of the time I either

2 took it with me -- cash or check from my bank.

3 MR. DOBSON: Is this a good time to break?

4 (Discussion off the record.)

5 MR. DOBSON: It is late on Friday before

6 Memorial weekend. All the parties have agreed to

7 suspend the deposition, and we will continue it at

8 another time.

9 And we are going do everything in our power

10 to schedule other depositions around Mr. Greer, so

11 they won't have to make more than one trip, more

12 than one deposition.

13 MR. CHASE: Sounds good.

14 (Whereupon, the taking of the deposition was

15 recessed at 3:14 p.m. Reading and signing were not

16 waived.)

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628

1 C E R T I F I C A T E

2 STATE OF FLORIDA

3 COUNTY OF LEON

4

5 I, PEGGY L. OWENS, Registered Professional

6 Reporter, at Tallahassee, Florida, do hereby certify as

7 follows:

8 That I correctly reported in shorthand the

9 foregoing proceedings at the time and place stated in

10 the caption hereof:

11 That I later reduced my shorthand notes by

12 computer-aided transcription, or under my supervision,

13 and that the foregoing pages 564 through 627 both

14 inclusive, contain a full, true, and correct transcript

15 of the proceedings on said occasion:

16 That I am neither of kin, nor of counsel, to any

17 parties involved, nor am I financially interested in

18 this action.

19 THIS the 5TH day of June, 2012.

20____________________________

21 PEGGY L. OWENS Registered Professional Reporter

22 Registered Merit Reporter

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629

1 CERTIFICATE OF OATH

2

3 STATE OF FLORIDA

4 COUNTY OF LEON

5

6 I, Peggy L. Owens, Registered Professional

7 Reporter, Notary Public, State of Florida, certify that

8 JAMES A. GREER personally appeared before me on the

9 25TH day of May, 2012, and was duly sworn.

10 Signed this 6TH day of June, 2012.

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16 _________________________________________

17 PEGGY L. OWENS, Registered Professional Reporter

18 Notary Public - State of FloridaMy Commission No. EE 88005

19 Expires: 8-23-15

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630

1 VOLUME 4 ERRATA PAGE *

2 Corrections to the deposition of JAMES A. GREER, takenin the case of Greer v. RPOF, et al. on 5/25/12.

3

4 Page / Line Correction

5 ____________ ___________________________________

6 ____________ ___________________________________

7 ____________ ___________________________________

8 ____________ ___________________________________

9 ____________ ___________________________________

10 ____________ ___________________________________

11 ____________ ___________________________________

12 ____________ ___________________________________

13 ____________ ___________________________________

14 ____________ ___________________________________

15 ____________ ___________________________________

16 ____________ ___________________________________

17 ____________ ___________________________________

18

19 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVEREAD MY DEPOSITION AND THAT IT IS TRUE AND CORRECT

20 SUBJECT TO ANY CHANGES IN FORM OR SUBSTANCE ENTEREDHERE.

21__________ ___________________________

22 DATE SIGNATURE OF DEPONENT

23 *(PLEASE RETURN THE ORIGINAL OF THIS SHEET TO MR.LeBOEUF WITH A COPY TO MR. DOBSON & MR. SUKHIA BY

24 7/15/12. DO NOT SEND A COPY TO THE REPORTER.)

25

1 PEGGY OWENS & ASSOCIATESCourt Reporters

2 Post Office Box 13502Tallahassee, Florida 32317

3 (850) 222-6010 4 June 5, 2012

5

6 JAMES A. GREERc/o Damon Chase, Attorney

7 1525 International ParkwaySuite 4021

8 Lake Mary, Florida 32746

9 IN RE: Greer v RPOF, Haridopolos & Thrasher

10 Dear Mr. Greer:

11 Please be advised that your deposition

12 taken in the above-styled cause has been transcribed.

13 Pursuant to Florida Rules of Civil Procedure 1.310(e),

14 since you did not waive reading and signing, please

15 contact my office to make arrangements before 7/15/12

16 If I do not hear from you by the

17 aforementioned date, reading and signing of your

18 deposition will be considered waived.

19

20 Sincerely,

21

22 PEGGY OWENS, RMRRegistered Professional

23 Reporter

24 cc. Mr. LeBoeufMr. Dobson

25 Mr. Sukhia

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1 E R R A T A P A G E *

2 Corrections to the deposition of , takenin the case of on .

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4 Page / Line Correction

5 ____________ ___________________________________

6 ____________ ___________________________________

7 ____________ ___________________________________

8 ____________ ___________________________________

9 ____________ ___________________________________

10 ____________ ___________________________________

11 ____________ ___________________________________

12 ____________ ___________________________________

13 ____________ ___________________________________

14 ____________ ___________________________________

15 ____________ ___________________________________

16 ____________ ___________________________________

17 ____________ ___________________________________

18

19 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVEREAD MY DEPOSITION AND THAT IT IS TRUE AND CORRECT

20 SUBJECT TO ANY CHANGES IN FORM OR SUBSTANCE ENTEREDHERE.

21__________ ___________________________

22 DATE SIGNATURE OF DEPONENT

23 *(PLEASE RETURN THE ORIGINAL OF THIS SHEET TOWITH A COPY TO BY . DO NOT SEND A COPY TO THE

24 REPORTER.)

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Jim Greer deposition transcript part 4

Documents

Transcript of Jim Greer deposition transcript part 4