Free Reply to Response to Motion - District Court of Federal Claims - federal

Case 1:03-cv-00178-CCM

Document 68-3

Filed 09/28/2006

Page 1 of 3

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

BENCHMARK RESOURCES

CORPORATION, a Colorado corporation; et al.,

Plaintiffs,
vs.
UNITED STATES,
)

No. 03-178L

------------------------------

Defendant.

)
) )

DEPOSITION OF DAROLD PROCTOR Phoenix, Arizona

February i 3 f 2006
10:08 a.m.

PREPARED FOR:

Elsie Kappler
PREPARED BY:
fj¡"'. ,,;,. ~~:: .

(Copy) .

driver and nix
COURT REPORTERS
365 E. CORONADO ROAD, SUITE 150 PHOENIX, ARiZONA 85004

George B. Finn III, RPR, CR AZ Certified Reporter No. 50330

(602) 266.6525
FAX (602) 266-4303 i -800-488-DEPO (3376)

ww.drjyt!mix.com

APP. III 600

Case 1:03-cv-00178-CCM

Document 68-3

Filed 09/28/2006

Page 2 of 3

65

1

couldn't sustain the litigation,
of the two.
Q.

or they gave it up, one

2
3
4

Anyway,

they got out, they qui t.

Bu t you can't remember any of tho seal lega tions?
No,

A.
Q.

I can i t remember the speci f i c al lega tions .

5
6
7

How about the broad allegations,

not the specific

ones,
A.

what the gist of the case was?

They were just -- well, mainly the problem, one

8 9

of the problems was the shareholders, when the oil
started down,

they had to blame somebody, but I don i t

10

remember.
Q.

I just can' t recall it, Elsie,

I'm sorry.

11
12

So let's just back up and maybe you can refresh

my memory on how you got invol ved in the oil and gas

13
!

market generally.
A.
Q.

14 15

How what?
You got involved in the oil and gas, how you

16
17 18

became invol ved in tha t wi th no background wha tsoever in

it.
A.
We 1 1,

you don't have to have a background to get

19 20 21
22

involved, Elsie.
Q.

No, I understand.

I'm asking how you got

invol ved.

A.
Q.

Well,

I just had an interest in it.

23
24

Did you ha ve any educa tion or background at all

in oil and gas?
A.

25

No,

I haven't.

APP. III 601

DRIVER NIX

(602) 266-6525

Case 1:03-cv-00178-CCM

Document 68-3

Filed 09/28/2006

Page 3 of 3

66

1

Q.

Did you have any background in engineering?

2 3
4

A.
Q.

No.
What about other mineral interests, coal, did you

have any background at all in tha t?
A.
Q.

5
6 7 8

No.
I'd like to go

to Benchmark i s tax returns that we

have marked as Exhibit 12.
Mr. Proctor, have tax returns been filed for each
and every year of Benchmark's existence?
A.
Q.

9

10
11
12

As far as I know.
Now,

let me just ask a basic question.
for instance,

I f you

could turn,

to the return for 1989,

looks

13
J

like it's about halfway through this bundle.
MR. MacKINLA Y :

14

You want to just show him

15

yours?
Q.

16
17

BY MS. KAPPLER:

You will note on the face sheet

this document was filed in 1997.
A.
Q.

18

It was what now?
Filed in 1997.

19 20 21 22

And I'll represent to you that

that's true for many of the tax returns here,
A.
Q.

in 1988

I don i t recall what was going on.
You don't know why Benchmark didn't report or

23
24

file taxes for years and years?

Here's the 1986 tax return filed in 1997.
A.

25

I can't recall what happened there.
-

APP. III 602
DRIVER NIX
(602) 266-6525