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

Case 1:05-cv-00231-EJD

Document 72-7

Filed 11/29/2006

Page 1 of 6

JEANTTE MICHALS

Page 70

Q. And the 27625 shows up in the middle
2 of the reference number on Exhibi t 6 a t the top

.3 under the name "foreign exchange digital option

4 transaction," correct?
5

A.
Q.

Correct _

6

Now, what does the EX mean in front

7 of the 27625 on Exhibit 6?
8 9

A.
Q.

I don i t know.

What does the capital A represent?
I don't know.

10
11

A.
Q.

This is -- this number is the number

12 that was generated by the RMS system; is that

13 correct?
14

A.
Q.

The numer, yes.
On the third page, there are some

15

16 signature lines, and there appears to be a
i7

signature which appears to be yours.
A.
Q.

1st ha t

18 your signature?
i 9

Yep.
There also appears to be a signature
Is that Perry Parker i s

7.0

21

from Perry Parker.

22 signature?
23
24

A. I don i t know.

25

signature? App 0019
Henjum Goucher Litigation Services

Q. Would you r.ecogni ze Perry Parker 's

1-8B8-656-Depo

~ GOVERNMENT

I m:IBIT

Case 1:05-cv-00231-EJD

Document 72-7

Filed 11/29/2006

Page 2 of 6

JEANTTE MICHALS

Page 71

No.
2
3
4

How long has Perry Parker been wi th

I don't

know. He's not with the

5
6

Was Perry Parker with Deutsche

7

14 Perry Parker, or what was the custom?
15

MR. HILL: Object to the form of the

16 question. You can answer.

17 A. I don't know.
l!
Q.

(BY MR. LINDQUIST) Was there any

19 custom?
20
21

A.
Q.

No.
How would it be that, for instance

?2

in this case, that these confirmations

I

73 think if we go through -- if you first go
24 through and would you please verify that, in
25 fact, that i s your signature on each of these

HQnjum Goucher Litigation Services

1-888-656-Depo

App 0020

Case 1:05-cv-00231-EJD

Document 72-7

Filed 11/29/2006

Page 3 of 6

JEANTTE MICHALS

Page 72 confirmations, four of them bundled herein?
2

MR. WELTY: These are the

3 confirmations in Government Exhibit 6?
4

MR. LINDQUIST: Yes. We have one

J for 27625, and that's followed by 27626 and
6 that's followed by 27627 and that's followed by

7 27628.
8

MR. HILL: You're referring to the

9 reference number at the top of the -1/)
11

MR. LINDQUIST: Correct.
MR. HILL: -- page, not the Bates

12 stamped numbers?
13
14
1S

MR. LINDQUIST: Correct.

MR. HILL: Okay.
Q.

(BY MR. LINDQUIST) Is that your

16 signature on each of those?
17 18

A.
Q.

Yes.
How is it that these confirmations

19 would have come to you for your signature?
20

A.

Settlemnt would bring over the

21 confirmations and ask me to help sign.
22

Q.

Why would they ask you to be the

23 signer?
24

MR. HILL: Object to the form of the

25 question.
Henjum Goucher Litigation SerVices

1-888-656-Depo
App 0021

Case 1:05-cv-00231-EJD

Document 72-7

Filed 11/29/2006

Page 4 of 6

JEANTTE MICHLS
Page 73

A. They asked me to sign.
2

Q.

(BY MR. LINDQUIST)

Do you know?

3

A.

Because I was an AVP, and they

4 needed someone wi th a ti t1e as we11.

5 Q. Perry Parker is listed here as being
6 a director. What does that mean?

i A. That's his tit1e.
8 Q. Do you Know whether anyone ever
9 signed on behalf of Perry Parker?
J0

A.
Q.

r don't know.

11

Were you the one who then faxed

12 these signed confirmations?
13
14

A.
Q.

No.
Are you familiar with the terms of

15 the confirmation?
i 6

A.
Q.

No.
When you sign a confirmation, do you

17

18 review it to make sure that it, in fact, has all

19 of the appropriate terms?
20
21

A.
Q.

No.
Upon whose representation would you

22 rely if you relied upon any? Did you rely upon

23 anybody' s representation that this was a proper 21 confirmation for signature?
25

MR. HILL: Object to the form of the

Henjum Goucher Litigation Services

1-8BB-656-Depo

App 0022

Case 1:05-cv-00231-EJD

Document 72-7

Filed 11/29/2006

Page 5 of 6

JEANTTE MICHALS

Page 74

1 question.
2
3
4

MR. WELTY: Objection, form.

MR. HILL: You can answer.
A.
Q.

I don't know.

5

(BY MR. LINDQUI ST) Would Rick

6 Pychewicz have been involved with giving this

7 confirmation to you, Rick Pychewicz?
8

A.
Q.

Maybe.
If not Rick Pychewicz, would it have

9

10 been his assistant who might have given it to

11 you for signature?
12

MR. WELTY: Objection, form. A.

13

He didn i t have an assistant.
Coworker.

14 Coworker?
15 16

Q.

(BY MR. LINDQUIST)

A.

I don't recall who gave me the

1"1 confirmtions.
18

Q.

You don't know how it would be that

19 you, in fact, came about signing these?
20

A.

I was asked to by operations. I

21 don't rememer who at the time.
72

Q.

Who in operations? Why is it that

23 you would not have reviewed these confirmations

24 pr ior to si gning them?
25

MR. HILL: Objection to the form.

Henjum Goucher Litigation SQrvices

1-888-656-Depo
App 0023

Case 1:05-cv-00231-EJD

Document 72-7

Filed 11/29/2006

Page 6 of 6

JEANTTE MICHALS

Page 75
1

A.

I wou1d not think a reason to review

2 them.
3

Q.

(BY MR. LINDQUIST)

Okay. So that

4 was just your practice not to review it before

S you signed it?
6
7

A.
Q.

Correct.
Do you know whether Tom Tahl was

B involved with generating the confirmations for
9 the lX digital options transactions in 1999?
10
11

A.
Q.

I don i t rememer.
Would that have been something

12 within the scope of his duties?
13
14

A.
Q.

I don i t rememer.
Is there anything that would refresh

15 your recollection?
16
17

A.
Q.

I don't know what his duties were.

Did you ever work wi th Tom Tahl in

18 putting together confirmations?
19

A.

No.
(Deposi tion Exhibi t 7 was marked.)

20 21

Q.

I'm going to show you what's marked

22 as Government Exhibi t 7. This document is Bates
73 numbered 4300 through 432 S.

24 Your name appears on the front of
25 the email, on the 2, kind of in the middle,
Henjum Goucher Litigation Services

1 -888-656-Deo

App 0024