Free Memorandum in Opposition - District Court of California - California

Case 3:07-cv-04762-PJH

Document 116-4

Filed 09/08/2008

Page 1 of 4

Charles Cathcart
Page 1
"

1 2 3

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRACISCO DIVISION

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5 UNITED STATES OF AMERICA,
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Plaintiff,
vs.
No. 07 -4 762 - PJH (JCS)

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8 CHARLES CATHCART, et a1.,
9

Defendants.

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i1\

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12 13 14

COpy
DEPOSITION OF CHALES CATHCART Los Angeles, California
Tuesday, August 19, 2008

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16

17 18 19

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Reported by:
21 NANCY L. COLLIER

5819 22 JOB No. 188627
CSR No.

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24 25

Esquire Deposition Services, LLC
DC 1-800-441-3376 MD 1-800-539-6398 VA 1-800-752-8979

Case 3:07-cv-04762-PJH

Document 116-4

Filed 09/08/2008

Page 2 of 4

Charles Cathcart
Page 104

1 trip that you took with Mr. Hsin to China, either to
2 meet wi th him there or to travel with him there?
3

A
Q

Probably in September of 2006.

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After Septemer of 2006, did you continue to
MR. WEBB: Objection, compound.

5 work with or know Mr. Hsin?
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7 8 BY MS.
9
Q

THE WITNESS: Yes.
BAKER:

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12 13

in what capacity? A Also assisting with business plan writing and advisory service 1 consulting advisory service i for Chinese businesses.
And
Q

What's the nature of the consulting advisory

14 services that you provided?
15
A

How to present their businesses to

16 prospective investors.
17
Q

And what is Mr. Hsin' s business in

18 connection with this business service that you're

19 providing?
20
A

That was the nature of the service that he

21 was providing, and I was a resource for him. 22
Q

I see. And when did you work wi th him in

23 this capacity?

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A
Q

Through the early part of January 2007.

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And then after January 2007, did you

Esquire Deposition Services, LLC
DC 1-800-441-3376 MD 1-800-539-6398 VA 1-800-752-8979

Case 3:07-cv-04762-PJH

Document 116-4

Filed 09/08/2008

Page 3 of 4

Charles Cathcart
Page i 05

1 continue to work with or know Mr. Hsin?
2

A

Well, I've continued to know him, but I have

3 not worked with him since early January 2007.
4
Q

When was the last time you had a

5 communication wi th him?
6 7 8 9

A
Q

think last September. Last Septemer 2007?
I

A
Q

Right.
And wha t was the nature of

that

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communication?
A
Q

To recommend an

attorney for him.

For what purpose?
For

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A
Q

this litigation.
recommend?

Who did you

A
Q

Edward Ord.
Do

you know

if

Mr. Hsin took your

recommendation?
A
Q

I believe he did.

And how did it come to pass that you had a

20 conversation with him in Septemer of '07 relating to
21 his decision to hire or retain an attorney?
22
A

I think he contacted me. I don't recall the

23 details.

24

Q

He contacted you?
I believe so.

25

A

Esquire Deposition Services, LLC
DC 1-800-441-3376 MD 1-800-539-6398 VA 1-800-752-8979

Case 3:07-cv-04762-PJH

Document 116-4

Filed 09/08/2008

Page 4 of 4

Charles Cathcart
Page 106
1 2 3
Q

Why might he have contacted you?

MR. WEBB: Objection, calls for speculation.

THE WITNESS: He needed representation.

4 BY MS. BAKER:
5
Q

Do you have any sense as to why Mr. Hsin

6 would think to call you on the phone because he needs

7 an attorney? You're not an attorney, are you?
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9

A
Q

No i I i rn not_
I didn't think so.

10

A

But he knew that I was involved in the

11 litigation.

12

Q

Have you had any other communications with

13 him recently? By communication I mean e-mail?
14
A
Q

No.

15 16 17 18 19
20 him?

Voice mail?
No.

A
Q

Meeting in person?
No.
How about Franklin Thomason, do you know

A
Q

21
22 23 24 made

A
Q

I've met him. When did you meet him?
I met him on a couple of the

A

trips that

I

to China.
Q

25

Abou t

when did you meet him?

Esquire Deposition Services, LLC
DC 1-800-441-3376 MD 1-800-539-6398 VA 1-800-752-8979