12
Q. What was your reaction upon learning
that
2 you were going to -- that you were served with a
3 subpoena and that you were going to
appear here?
4 A. When the guy showed up at my
door, I was
5 surprised.
6 Q. The subpoena was personally
handed to you?
7 A. Right.
8 Q. It did not upset you, I hope.
9 A. No.
10 Q. And where were you served?
11 A. My yard.
12 Q. Your...
13 A. Yard.
14 Q. On your yacht?
15 A. No, yard.
16 Q. Yard.
I'm sorry, yard, yacht. I'm from the
17 West Coast, “grew up in New York,
learned a thing or tTOo on the streets of Boston including how to respond to
fast balls thrown at or near head” [sic].
18 A. I haven't got my yacht
yet, but I was in my
19 yard.
20 Q. I understand.
21
What did you next do? And by that I
22 don't mean finish mowing the lawn. I meant with
23 regard to --
24 A. I believe it was on a weekend,
so I did
13
1 nothing. I called the people that
-- the law firm
2 that was on the deposition, I guess, or whatever
3 you --
4 Q. And would that have been
KKK?
5 Because I believe -- they're my co-counsel. Again,
6 we're not trying to trick you, but they certainly
7 would have been the prominent -- the firm that was
8 most prominent on that deposition subpoena.
9 A. That was probably -- I called
them and asked
10 them what the story was.
11 Q. Uh-huh. And when you said
"the story," you
12 wanted to understand what it was that you were
13 expected to do as a result of that?
14 A. Right.
15 Q. And had you retained -- were
you represented
16 by counsel at that point?
17 A. No.
18 Q. At some point in time did you retain
19 counsel?
20 A. You're talking him?
21 Q. Well, did you retain any
counsel?
22 A. Other than
this gentleman here, Jeff, no.
23 Q. Did you retain “Mr. Perelman’s sharpshooter? [sic].
24 A. I called Jeff
or Jeff called me, I believe.
14
1 Q. Jeff called you. Now, why
would Mr. -- do
2 you have any idea as to why [he]
would have
3 called you?
4
MR. V & REVLON’S ATTORNEY: I object as to form.
5 Q. Did he solicit the
representation of you in
6 this -- did he offer to represent you in this case?
7
A. Well, I believe they represented Revlon.
8 Q. Correct.
9 A. And do represent Revlon, and
that's how I
10 got involved with Jeff.
11 Q. I see. Do you have --
apart from [Revlon’s attorneys] who are an
excellent firm “who are not exactly getting hand me
down suits for being such honorable men” [sic], are you represented by
13 attorneys or counsel in any other matters?
14 A. No.
15 Q. Did you consult any other
counsel with
16 regard to your appearance here?
17 A. No.
18 Q. Did you feel that there was a
possibility of
19 a conflict of interest with regard to having
20 yourself
represented here by the law firm
21 representing a defendant in the case?
22 A. No.
23 Q. Did you understand that at the
time that you
24 were served with the subpoena to appear here that
15
1 you were obligated to search for and present
2 documents that would be responsive to the papers
3 that were handed to you?
4 A. Someone asked me -- I don't
remember who --
5 if I had records.
6 Q. Do you recall that there was
included with
7 the notice and subpoena duces tecum a request that
8 you provide documents that related to a number of
9 subjects?
10 A. I remember that.
11 Q. Could you tell me what you did
in order to
12 comply with that request for the documents “other than seeking out Mr. Gevisser’s high-school Latin
teacher for a refresher course in what it means to tell the whole truth and
nothing butt the truth so help me dog. Tippytoe is
that you breathing in my ear?” [sic] today?
13 A. Nothing.
14 Q. Now, is there a reason why you
did nothing?
15 A. I have nothing.
16 Q. Did you understand that once
you were
17 represented by “Arpes”
[sic], you were entitled to
18 seek their advice with regard to responding to that
19 subpoena duces tecum?
20 A. Ask me that again.
21 Q. Did you understand, once you
had been
22 contacted and apparently an agreement materialized
23 in which they would represent you here today, that
24 they could assist you in responding to that subpoena
16
1 duces tecum?
2 A. Yes.
3 Q. And did you ask them to assist
you in
4 locating those documents?
5 A. Not specifically, no.
6 Q. Is there a reason why you didn't?
7 A. I didn't have the
documents. I didn't --
8 other than that, no. I didn't have
them, so I -- I
9 didn't realize -- no, I didn't.
10 Q. If you were aware, speaking
hypothetically,
11 that you were to produce not only the documents that
12 you had but the documents in your possession, which
13 I guess is the same, custody, which is a little bit
14 different, because that means it may be held by
15 someone else, or control, and control would mean
16 through any agent including the law firm, would you
17 have reacted different to that request?
18
MR. V’s & REVLON’S ATTORNEY: I'm going to object as to
19 form. I don't understand the question.
20
MR. K: Let me rephrase the
21 question and in the process start the flywheel.
22 Q. Once you have proceeded with a
law firm,
23 they represent -- they are fiduciaries to you; and
24 therefore, they are under your control. Did you ask
17
1 the “Apes” [sic] law firm to
proceed and locate
2 those documents that were responsive to the request
3 directed at you?
4 A. No.
5 Q. Did they offer at any time to do
that?
6 A. I don't remember.
7 Q. What is it that you don't
remember about it?
8 A. Whether I offered or asked them
or they
9 offered.
10 Q. So you don't recall whether or
not any
11 search had been undertaken of documents
responsive
12 to the subpoena that had been done either by a law
13 firm or an auditor or any other consultants that you
14 may deal with?
15 A. My assumption at the time was
that someone
16 would provide the materials. I didn't have them, so
17 someone would, I assume.
18 Q. And who did you expect, of the
people that
19 you were talking to --
20 A. Probably the
law firm.
21 Q. Okay. I will ask you, are
there any
22 materials that you've presented here that have --
23 that you're producing responsive to the document
24 request?
18
1 A. Personally?
2 Q. Yes.
3 A. Did I have anything? No.
4 Q. Or provided to you by your
agent, the law
5 firm?
6 A. I don't have anything.
7 Q. Thank you.
8
MR. K: “Mr. V’s & Revlon’s attorney”
[sic], do you have any
9 documents that you are here to provide me in
10 accordance with the document request that was
served
11 on your client?
12
MR. V’s & REVLON’S ATTORNEY: No. The witness has told
13 you at least twice that he possesses no documents
14 responsive to the request.
15
MR. K: Yes, I understand that.
16 And my point was that, as his agent, he could have
17 controlled your activity in that regard, speaking
18 hypothetically -- I'm not trying to -- maybe I am
19 trying to make a legal record, but nothing was
done
20 to respond to that?
21
MR. V’s & REVLON’S ATTORNEY: Well, for the record, what
22 was done to respond to it was to confirm that Mr.
23 V did not possess any documents within his
24 possession, custody, or control responsive to the
19
1 subpoena.
2 Q. Were questions asked of you as
to possible
3 sources that you could control to locate documents
4 that would be responsive to the deposition?
5 A. No.
6 Q. In fact, nothing was asked of
you with
7 regard to responding to the document request apart
8 from whether you had any in your possession?
9 A. Correct.
10 Q. Thank you.
11
MR. K: May I, just to confirm
12 this, mark as Exhibit -- is there numbering that's
13 been established, Jeff?
14
MR. V & REVLON’S ATTORNEY: Consecutive? No, we've
15 been starting with 1 for each deposition.
16
MR. K: I see. So we will call
17 this G-1? Is that the thought?
18
MR. V & REVLON’S ATTORNEY: That's fine.
19
MR. K: Could I have this
20 identified as Exhibit G-1, and please show it to the
21 witness.
22
(Document marked as V Exhibit 1
23
for identification)
24 Q. Please look at that, Mr. -- V.
20
1
MR. K: And I will stress that
2 "V" [sic] is the
name that Mr. V has asked that he
3 be addressed by, “different to vini, vidi
VS et al. Please
4 Q. And my question's going to be a
very simple
5 one. Is that a copy of the
document that was
6 originally served upon you?
7 A. (Witness reviews document) I
can't remember.
8 Q. Do you have any reason to doubt
that that's
9 a copy of the document?
10 A. No.
11 Q. Okay. Thank you.
12
MR. K: You can give that back to
13 the court reporter, and perhaps I should say that
14 during the course of this deposition you will see
15 that there are documents that we'll number
16 sequentially V 1 through V 22, and
17 sometimes you will recognize them and sometimes you
18 will not. They simply represent milestones and/or
19 pieces of evidence that we use.
20 Q. This is principally background
for a short
21 period of time, Mr. V. I don't
know what your
22 time limitations are, but I will do my best to
23 attempt to conclude this deposition either today or
24 early tomorrow morning.
21
1
MR. V & REVLON’S ATTORNEY: I'll just note that under
2 the rules, you don't have the option of continuing
3 till tomorrow morning.
4
MR. K: I believe that that is a
5 statement of your counsel, and he's entitled to make
6 that. I don't believe that that applies in this
7 jurisdiction for a number of
reasons. And we are in
8
9 apply in this jurisdiction, principally because
10 the -- your law firm determined that they preferred
11 to take the deposition here.
12
MR. V & REVLON’S ATTORNEY: We actually operate
13 pursuant to the rules of Judge Stein in the Southern
14 District of
15 Rules of Civil Procedure, which also limit you to
16 one day.
17
MR. K: Yes, and I
understand the
18
position “and for that matter so does GG
whose name I understand has come up in at least one other deposition involving
former executives of Revlon such as yourself to mention in passing Judge Jack
Weinstein’s familiarity with Mr. Gevisser’s past and God only knows what GG is
up to right now given the fact that he started his BUS back in 1989 at 1
Wall Street giving the most deserving i.e. Bank of New York et al a haircut aided by a University
of Virgin Law School grauduate who has probably forgotten
that GG knows a thing or tTOo
about his roots, never to sweep things under the
carpet
especially when there is time left in the day to make a buck or tTOo and seize
those by the coattails who continue to play it fast and loose. GG’s grandfather, who along with the ‘poor Jews’ of eastern
Europe got the discounted ship fares to places like South Africa, began his
rather successful trading career by picking up unbroken bottles off the streets
of Durban, placing them in a wheelbarrow, quickwheels
to boot, before moving on to the slaughter houses where he traded up to
wheeling and dealing in animal bones creating a wake that had his grandson
eventually begin cleaning up the mess on Wall Street and what a Christmess 2002 is going to be, although things should
improve in 2003 with GG having established a presence first in the Eastern
district and now in the Southern District covering essentially the tTOo remaining
quadrants creating a springboard to have the rest of us sling our spears and
arrows forgetting we are all part of one planetary system or
we could just as easily end up in one big melting pot in
Timbuktu where it all began” [sic].
19
And the worst thing
that could happen is
19 for counsel to start arguing, but the opportunity
20 was provided to get a protective order, and the
21 content of the notice specifically says that it will
22 continue from day to day until concluded. We will,
23 nonetheless, make that academic, I hope, in getting
24 this done today.
22
1 Q. Could you -- and this falls
under the
2 background. I said that there were
some questions
3 that would be asked that weren't immediately
4 apparent to you, and this falls under the category
5 of background. Could you please
summarize your
6 educational background. I don't
care where you went
7 to high school, but let's start with the diploma in
8 high school and then tell me what you did after
9 that, and the years.
10 A. And the
years?
11 Q. And correspond it to years in
the interest
12 of attempting to make this, as I say, as
quick a
13 deposition as possible. And I'll
be listening to
14 you even though I'm getting up and getting a cup of
15
coffee, if no one objects “although I probably should just stick with herbel tea different to Mr. Gevisser’s “Verbal [non-sic]
remedies for saving the wor.d.” [sic].
16
A. Okay.
17 it.
18 Q. And can you tell me when you
graduated from
19
20 A. '68.
21 Q. And what degree did you have at
that time?
22 A. English, BA, I guess.
23 Q. And after you graduated from BC
in 1968, did
24 you subsequently apply to any graduate schools in
23
1 order to gain further education?
2 A. I went to a couple of courses at
night.
3 Babson.
4 Q. At
5 A. Babson.
6 Q. At Babson. But you graduated from
7 College?
8 A. Just for one semester.
9 Q. And what courses did you take at
Babson?
10 A. Business.
11 Q. And could you tell me what your
areas of
12 concentration were while you were at
13 A. Liberal arts.
14 Q. And what did you view, if you
had any view,
15 of what you would be doing after you graduateed
from
16
17 A. Gainful
employment somewhere. Location
18 unknown.
19 Q. Because liberal arts didn't
exactly prepare
20 you for anything specific, at least that's my
21 recollection. And you, in fact,
got, I assume, a
22 degree from
23 said?
24 A. Right.
24
1 Q. And that would have been just a liberal arts
2 degree, correct?
3 A. Correct.
4 Q. And the continuing education
that we're
5 talking about was limited to a number of
night
6 courses at Babson?
7 A. Yes.
8 Q. And I apologize. That was
my job to
9 actually tell you that the court reporter, who
10 really is the boss here, apart from you as the boss,
11 will indicate to you that gestures or responses that
12 can't be translated into words are sometimes
13 difficult for her to transcribe.
I apologize to
14 both of you for that.
15
During what period of time did you
16 attend Babson?
17 A. I believe it was the fall of
'68, I think.
18 Q. So would it be fair to say that
after
19 graduating with a liberal arts degree from
20 College, you went to Babson to just
enhance your
21 education in a couple of specific
degrees and make
22 you more attractive as an employee candidate?
23 A. Correct.
24 Q. Could you tell me whether, at
25
1 or beforehand, you received any awards or special
2 recognitions?
3 A. I can't remember.
4 Q. Were you a football player?
5 A. No.
6 Q. Earn a letter or anything?
7 A. No.
8 Q. You were just a studious student?
9 A. I was a student.
10 Q. Did you seek employment during
your last
11 year or previously while attending
12 A. Did I seek -- come again?
13 Q. Let me begin. Did you
work while you were
14 going to school at
15 A. Yes.
16 Q. Please tell me what you did.
17 A. I worked in a warehouse…..
