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

Case 1:06-cv-00407-ECH

Document 75-10

Filed 10/15/2007

Page 1 of 2
1

2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

t(Q~Y

3 No. 06-407T
4 (into which have been consolidated Nos. 06-408T,

5 06-409T, 06-410T, 06-411T, 06-810T, 06-811T)

6 ----------------X
ALPHA I, L. P., by and through
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7

8 ROBERT SANDS, a noti ce partner, )

Plaintiff
-vsTHE UNITED STATES,

) Case No. 06-407T

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Defendant

13 - - - - - - - - - - - - - - - - X
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15 Deposition of MARILYN SANDS taken pursuant to
16 notice at Constellation Brands, 370 Woodcliff Drive,

17 Suite 300, Fairport, New York on Tuesday, July 31, 2007

18 commencing at 9:30 a.m.
19

20 Reported by:
21 COMPUTER REPORTING SERVICE

22 Amy M. Condon, CSR, RPR
23 270 Reynolds Arcade Bui lding

24 16 East Main Street
25

Rochester, New York 14614

~ GOVERNMENT .. l! EXHIBIT

!~ l
APP-A-00047

COMPUTER REPORTING SERVICE

Case 1:06-cv-00407-ECH
2

Document 75-10
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2

Filed 10/15/2007
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Page 2 of 2
the document.

M. Sands - Examination by Mr. Herrin

M. Sands - Examination by Mr. Herrin

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A. Probably from Richard and Rob, but I don't

yourself and The Heritage Organization. If you would
turn to -- it's page 10 of 14 of

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really remember anything about it, but I remember the
name.
Q. SO other than the name you don't remember any

A. It's my signature.
Q. Do you know why you would have entered into

of the things they told you?

an agreement with The Heritage Organization?

A. No, I really don't.
Q. Are you familar with the name Gary Kornman?

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A. No. Q. If you look at Article 4.1 on the first page,
the very first page, and this appears to be an agreement, basically the payment agreement to pay a fee of 25 percent of all present and future taxes that would have been incurred as projected for the principals. MR. CULLINAN: I'm going to object. The document speaks for itself. That's your charactel'zation of it. Counsel is testifying.
BY MR. HERRIN:

A. No.
Q. Do you recall ever speaking with anybody on
behalf of

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10
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The Heritage Organization? A. No.

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Q. Either in person or on telephone?
A. No, I don't think anybody ever spoke to me.
(Exhibit No.

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- agreement - marked for

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identification.
BY MR. HERRIN:

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Q. I'd ask you before, I don't know if it got on the record, are you familiar with this document? I don't know ifshe got it down on the record when you made your statements.
A. You mean this document?

Q. Do you know what you were agreeing to pay

Heritage for doing?

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A. No. MR. CULLINAN: I'm going to object. The
witness has already testified that she's not familai' with the document. MR. HERRIN: That's true, but I need to know if she knows why she was agreeing to pay Heritage.

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Q. A. Q.

Yes.

No, I'm not familar with it. This appears to be an agreement between

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M. Sands - Examination by Mr. Herrin

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M. Sands - Examination by Mr. Herrin

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2

3

It's a different question. If you can answer his objection will be in
the record.

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or not at the time you signed the documents if you wei'e

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familiar with what was going on and ifsince -- and have since forgotten or whether or not you were just
asked to sign documents.

THE WITNESS:
BY MR. HERRIN:
Q. Okay. Do you i'ecall if

No, 1 don't.

you paid Heritage fOl'

MR. CULLINAN: I object again. I'm not even sure we established when she signed the documents.

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any sei-vices that were provided by that business?

MR. HERRIN: All right. We can go down that
road.
8Y MR. HERRIN:

A. No.
Q. Are you familiar with the name Ralph Canada?

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A. No. Q. How about Brian Czerwinski? A. No.
Q. Are you familai' with Rodney Johnson?

Q. Mrs. Sands, these documents are dated. Do

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you have any reason to believe that they were not

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signed at or about the time they were dated?
A. I don't know. I mean, I'm sure they wei'e

A. No. In connection with the two documents that Q.
I've shown you, the agreement with Heritage and the

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signed and dated. Whatever it says on there. Q. Okay.

A. But I do not have any recollection about
anything to do with it.

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partnership formation of Alpha that had your signatures, do you know -- did you know back when you signed these documents what was transpiring or were you just asked to sign the documents? MR. CULLINAN: I'm going to object. I think
the witness has answered. She says she doesn't recall

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Q. All right.
(Exhibit No.

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- letter - marked for identification.)

BY MR. HERRIN:

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signing the documents. MR. HERRIN:

you'd look at Exhibit 3 Q. Mrs. Sands, if please. This is a lettei' from Richard Sands to your accounts. transfer money from one of
Do you recall why funds were being transfei-ed?

I'm trying to figure out whether 25

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APP-A-00048