Free Motion in Limine - District Court of Federal Claims - federal

Case 1:06-cv-00245-EJD

Document 45-8

Filed 03/07/2008

Page 1 of 2

GARY WOODS

Page i
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION
IN RE COBRA'TAX SHELTERS LITIGATION

GARY WOODS, ET AL.

)
L

VS.
UNITED STATES
CARMEL PARTNERS, ET AL.

L NO.1: 06m18000
) )

L L

VS.
UNITED STATES
JZ BUCKINGHAM INVESTMENTS, LLC, ET AL.

L NO.1: 06mlB002 JDT WTL
) )

~

)

I "

l
)

VS.
UNITED STATES

) NO. 05-231
)

)

CASE NUMBER 05-ml-9727-JDT-WTL

** *** **** *** ** ***** ** * **** * **** ***** ***** ***** * ORAL AND VIDEOTAPED DEPOSITION OF
GARY WOODS JUNE 21, 2007 ORIGINAL

***** ** *** ** ***** ** *** ***** ** ******** ** ***** ** *
ORAL AND VIDEOTAPED DEPOSITION OF GARY WOODS, produced as a wi tnes sat the instance of the Defendant, and duly sworn, was taken in the

above-styled and numered cause on the 21st day of

June, 2007, from 9:06 a.m. to 3:32 p.m., before STEVEN STOGEL, CSR in and for the State of Texas, reported by machine shorthand, at the McCombs Plaza, 755 East Mulberry Avenue, Suite 600, San Antonio, Texas, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or

attached hereto.

~ GOVERNMENT.

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f EXHIBIT

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Case 1:06-cv-00245-EJD

Document 45-8

Filed 03/07/2008

Page 2 of 2

GARY WOODS
Page 50
1 signatue?

Page 52 i
1 A. I don't remember. 2 Q. You don't remember? Okay. The -- could

2 A. Yes.
3 Q. And do you recall receiving that letter?

4 A. Yes.
5 Q. And do you recall signing that letter?

3 you look at Exhibit 329, please? 4 A. (Witnes complies)

6 A. i do.

5 Q. Can you identify ths exhibit or ths
6 document?
7 A. It's a copy of a PowerPoint presentation

7 Q. Okay. In the timeline of our previous -B my previous questions, would this be before or afer
9 any meeting you had with Ernst & Y OWlg?

8 prepared by Ern & Young on COBRA strategy. 9 Q. It was - is it a copy of the PowerPoint

10 A. I don't recall.
11 Q. Okay. The -- do you recall whether or not, 12 at the time you sign this leter, you had any prior
13 knowledge of the COBRA strategy?

10 that you received?

11 MR. CROUCH: Objection; assumes facts.
12 Q. (By Mr. Pitzinger) Did you not receive and 13 keep a PowerPoint presentation at a -- at a i 4 presentation by Ernst & Young?

14 A. Yes.

15 Q. Okay. And where had you gotten that prior
1 6 knowledge?
17 A. You know, again, the -- from Ernst & Young 18 and from Mr. Behne and Mr. Cummings. 19 Q. Okay. And you believe -- do you know where

15 A. I either received this frm them or from
16 Mr. Behne or Mr. Cummings. I don't remember.

17 Q. Okay.

18 A. But I have seen this.
i 9 Q. Okay. And it was one you - did you see

20 Mr. Behne or Mr. Cummings had gotten their
21 knowledge? 22 A. From Ernst & Young.
23 Q. Okay. Had you seen any -- when the time

20 this prior to entering into the COBRA trsaction?

21 A. Yes.
2 4 there?

22 Q. Okay. And if you'd tu to Exhibit 33 i --

23 MR. CROUCH: Is there an Exhibit 33 i

24 you had signed this _2 had you seen any opinion

2 5 letters?
Page 51

25 THE WITNSS: i don't have it.
Page 53 ?
1 MR. CROUCH: Well, let me see. 2 MR. PITZINGER: It was a loose
3 docwnent, because it wasn't - this is the one I
4 think I took home with me.

1 A. No.
2 Q. Technical memorandums?

3 A. No.
4 Q. Okay. PowerPoint slides or legal

5 documents?

6 A. No.
7 Q. Okay. Did you -- let's see. Let's turn to
8 the next exhibit. And can you identify that exhibit? 9 And if you would like, is that your signatu on
10 Page 3?

11 A. Yes.
12 Q. Okay. The -- do you recall if

you signd

5 MR. CROUCH: I'm tring to find it 6 here. 7 MR. PITZINGER: Let me - I'll lend 8 him mine until he -9 MR. CROUCH: We have one. 10 MR. PITZINGER: Okay. 11 MR. CROUCH: I'm sorr. We've got it. 12 I gave him the wrong book to look at.

i 3 this before you saw -- you met with Ernst & Young --

13

A. I have it.

i 4 excuse me - before you met with Ernst & Young?

15 A. I really don't recalL.
16 Q. Okay. Do you recall who gave you these

17 documents, either Exhibit 325 or 326, to sign?

18 A. No, I don't.
19 Q.Okay.Doyourecallwhetherornot 20 Mr. McCombs was asked to sign similar documents to
21 Exhibit 325 and 326?

22 A. I believe he was, yes.
23 Q, Okay. And do you recall whether you signed

14 Q. (By Mr. Pitzinger) Okay. Have youseen 15 this one before -- this document before? 16 A. I have, yes. 17 you'd tu to, I thin, the Q. Okay. And if 18 second page, I believe there is a signature there at 19 the bottom left-hand column for "approved" or "agree 20 to by," and I think it says -- can you read that 21 signature? 22 A. It's the signature of Steve Cummings.

24 them on his behalf, or did you have him sign
25 personally?
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23 you turn Q. Okay. And this letter -- and if 24 to Exhibit 332, I believe there's a similar letter 25 addressed to you. These letters appear to be
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14 (Pages 50 to 53)

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