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

Case 1:05-cv-00231-EJD

Document 157-8

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.

)
)

(

VS.
l,NITED STATES

) NO.1: 06ml8000
) )

CARMEL PARTNERS, ET AL.

)
)

VS.
UNITED STATES

) NO.1: 06ml8002 JDT WTL
)

) ) )
)

JZ BUCKINGHA INVESTMENTS,
LLC, ET AL.

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 witness at 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

. EXHIBIT
it

I 3.
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088

Case 1:05-cv-00231-EJD

Document 157-8

Filed 03/07/2008

Page 2 of 2

GARY WOODS
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signtue?
A. Q. A. Q.

A. I don't remember.

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my preious questions, would this be before or aftr any meeting you ha with Ern & Young?

Yes. And do you recall receiving that letter? Yes. And do you recall signing that letter? A. I do. Q. Okay. In the timeJine of our previous--

.3

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Q. You don't remember? Okay. The -- could you look at Exhbit 329, please? 4 A. (Witness complies)
Q. Can you identif this exhibit or this document? A. It's a copy of a PowerPoint presentation prepared by Ernst & Young on COBRA strategy. Q. It was -- is it a copy of the PowerPoint
that you received?

5 6 7 8 9

10 A. I don't recalL. 11 Q. Okay. The -- do you recall whether or not, 12 at the time you signed this letter, you had any prior the COBRA strategy? 13 knowledge of 14 A. Yes. 15 Q. Okay. And where had you gotten that prior 16 knowledge? 17 A. You know, again, the -- from Ernst & Young

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1S

MR. CROUCH: Objecton; assumes facts.
Q. (By Mr. Pitzinger) Did you not receive and

is

keep a PowerPoint presentation at a -- at a presntation by Ernst & Young? A. I either received this from them or from Mr. Behne or Mr. Cummings. I don't remember. Q. Okay.
A. But I have seen ths.

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and frm Mr. Behne and Mr. Cummings. Q. Okay. And you believe- do you know where

Mr. Behne or Mr. Cummings had gottn their knowledge? A. From Ernst & Young.

Q. Okay. Had you seen any -- when the time you had signed this -- had you seen any opinion

lettrs?
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A. No. Q. Technical memorandums? A. No. Q. Okay. PowerPoint slides or legal documents?
A. No.

19 Q. Okay. And it was one you -- did you see 20 this prior to entering into the COBRA transaction? 21 A. Yes. you'd tu to Exhibit 331 -22 Q. Okay. And if MR. CROUCH: Is there an Exhibit 33 i 23 24 there? 25 THE WITNSS: I don't have it.
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MR. CROUCH: Well, let me see. MR. PITZINGER: It wa a loose document, because it wasn't - this is the one I think I took home with me. MR. CROUCH: I'm tring to find it
here.

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9 1D Page 3?

Q. Okay. Did you -- let's see. Let's tu to the next exhibit And can you identify that exhibit? And if you would like, is that your signature on

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11 A. Yes. 12 Q. Okay. The - do you recall if you signed Ern & Young-13 this before you saw -- you met with 14 excus me -- before you met with Ernt & Young? 15 A. I really don't recaL. 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. Do you recall whether or not 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. 24 them on his behalf, or did you have him sign 25 personally?

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MR. PITZINGER: Let me -- I'll lend him mine until he -MR. CROUCH: We have one. MR. PITZINGER: Okay. MR. CROUCH: I'm sorr. We've got it. I gave him the wrong book to look at. A. I have it. Q. (By Mr. Pitznger) Okay. Have you seen this one before - this document before? A. I have, yes. you'd tur to, I think the Q. Okay. And if

1S seond page, I believe there is a signatu there at

the bottom left-hand colum for "approved" or "agreed to by," and I thnk it says -- can you read that

signatre?
A. It's the signatue of Steve Cummings. you tu Q. Okay. And this letter -- and if to Exhibit 332, I believe there's a similar letter

addresed to you. Thes leters appear to be

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