The continuing saga – Part 36 Reformatted for easier reading – errors in the ‘original’ have not been corrected.
Q So this was the second conversation you had with Mr. Marchese, correct?
A I'm not sure what -- which one -- the first one for sure was the Rick -- was that Rick Marcasse was shorting Amazon. The other ones, I don't know the order because Marchese would call me up and tell me, you know -- you know, whatever. You know, and he -- he could be like -- you know, he could be a charmer. So he was trying to be a charming guy to get me to stop posting about stuff, and we offered pleasantries. You know, the guy told me -- then he told me he was just shorting Amazon. I told him, hey man, you're just shorting legal, that's fine. You can short a stock legally. I have trouble with you if this is illegal shorting because I'm a shareholder, man, and I hope you understand that, and 6 he told me he understood. Then he told me – so that's that conversation. The next conversation is after Mitchell called my mother. And someone calling themselves -- identifying themselves as Richard Marchese of creative capital called my mother. Marchese called me because I was posting on the Internet about them calling up my mother. He goes, hey, man, what are you posting on the Internet about me and Mitchell calling up your mother. And I said, hey, man, the same thing I'm telling you, someone identified themselves as Richard Marchese from creative capital. I have no idea if it is you, but if it is you, I am pretty P.O.ed. I go how would you react if somebody called your mother up -- I'm talking about Mitchell now. We con -- now, I'm telling you exactly what happened. Marchese -- because I can't prove that Marchese called my mom. I told him -- I go someone identifying themselves as you of creative capital called my mom and Jeffrey Mitchell, and he guaranteed he could get Jeffrey Mitchell off the threads from posting, you know. And I said, hey, man, what would you do if someone called your mother, right? He said, I would kill them. And then I said, you know what I feel like, right? And then he said, I understand totally. He was trying to be, like, my buddy, that Jeffrey Mitchell was the bad guy, and he would get Jeffrey Mitchell off the threads. And that's how that conversation went down.
Q This was prior to March 27th?
A You can go to -- you can go to Silicon Investor and read the post -- I don't know the exact dates.
Q So you don't recall the dates other than March you don't recall the dates?
A If I saw the S.I. thread I could tell you when it was.
Q Hold on and hold on. On behalf of the court reporter, I will ask that you slow down. You slow down your answers so she can take an accurate record? A Sorry.
MR. RICHTER: You no he let me -- let's just take a break so that -- I'd like to go down the hall again and let's just let him calm down.
MR. ARGENTAR: Okay. And I meant that only for the benefit of the reporter.
MR. RICHTER: No, but I do think it would be beneficial and you can rest your fingers and the camera can rest.
THE VIDEOGRAPHER: Going off the record at 12:43 p.m. (Recess taken from {time} {a.m.|p.m.} to {time} {a.m.|p.m.}) THE VIDEOGRAPHER: Going back on the record at 12:49 p.m. Please proceed.
BY MR. ARGENTAR: Q When did you receive -- strike that. When was the conversation with Mr. Marchese in which he, in your words threatened your life?
A Where he told me that there would be somebody out waiting in the parking lot. It had to be before the 27th because that's when I had the FBI give me instructions on how to tape the calls -- trace the calls I'm sorry so it had to be before the March 27th of March.
Q All right so some point prior to the 27th of March had you a conversation with Richard Marchese in which you say that he said that there would be guys waiting in the parking lot?
A He said there would be somebody waiting in the parking lot.
Q Somebody waiting in the parking lot. Who initiated that phone call, if you recall.
A Marchese. I never called Marchese.
Q It is your testimony that you have never attempted to call Richard Marchese?
MR. RICHTER: That's not what he said. He said he never call Richard Marchese.
BY MR. ARGENTAR: Q Strike that. Have you ever attempted to call Mr. Marchese by phone.
A I never called I never attempted to call Mr. Marchese I never attempted to call the other people called Richard Marchese by phone.
Q Is the phone number for your 847-359-7847 A Sure is. You got my phone number. I didn't call him, man. I thought you said that wasn't a phone log.
Q So the phone call in which there was the statement regarding the parking lot, that was initiated by Mr. Marchese, correct?
A Wait. Say that again.
Q The phone call which we were just discussing in which you referred to someone, somebody waiting in the parking lot that was initiated by Mr. Marchese. He called you?
A Every phone call is initiated by Mr. Marchese. If there was a callback, maybe -- if I was trying to find the number I might hilt a star 69 callback to see watt number was, but I never called Mr. Marchese -- there may be a chance I did a star 69 callback to see who was calling me, but other that I never called Mr. Marchese. So when I say I never called Mr. Marchese, I never called him. I may have done a star 69 to identify a phone number. That's the only thing I ever would have done. I have no reason to call many Marchese. I go to the feds, I go to the police. There's no reason to go to Mr. Marchese. |