Altomare Deposition 26 Jun 08 OCR Transcript Extract 7
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Q. In August of 2006, did you take a vacation where you went to places such as France and Italy or Barcelona, Spain?
A. I took a cruise and I think I, extended on in France.
Q. While you were in France, did you open any bank accounts?
A. No, ma'am. I don't have any bank accounts other than mine I've given to you. I'm so sorry to disappoint you.
Q. I certainly have to ask the questions and I need you to affirm the answers to them.
MR. TIFFORD: The question is?
THE WITNESS: No.
MR. TIFFORD: I meant the answer is?
THE WITNESS: No.
MS. HUGHES: I am going to have the court reporter mark Exhibit 30.
(Plaintiffs Exhibit 30, two checks, one dated August 2, 2006, the second dated August 4, 2006, both drawn on Wachovia account 5480, to Miki SRL, each in the amount of $10,000, marked for identification, as of this date.)
Q. Exhibit 30 is a two-page document. It's two checks, one dated August 2, 2006, the second dated August 4, 2006, both drawn on your Wachovia account 5480. Do you recognize your wife's signature on these two documents?
A. I do, ma'am.
Q. It appears they're written out to Miki, M-I-K-I, SRL, S-R-L, each of them being in the amount of $10,000. Do you know why your wife wrote out these two checks?
A. I think she purchased some jewelry there.
Q. Do you know what pieces of jewelry those are?
A. Oh, no.
Q. You don't have any beneficial interest in Miki SRL, do you?
A. Oh, no. No, ma'am.
Q. Do you know where the jewelry that she purchased is located?
A. I think it's probably part of the jewelry that was sold, or all of it.
MS. HUGHES: I am going to mark this as Exhibit 31.
(Plaintiffs Exhibit 31, two checks drawn on Wachovia account 5480, both dated August 2, 2006, one in the amount of $9,000, the second in the amount of $8,280, Bates numbers RAA-1860 and 1861, marked for identification, as of this date.)
Q. Exhibit 31 is two checks drawn on your account at Wachovia 5480, both dated August 2, 2006, one in the amount of $9,000, the second in the amount of $8,280. These are Bates numbers RAA-1860, and 1861. Do you recognize your wife's signature on these documents?
A. I do.
Q. Do you know what your wife purchased at Graziella Ravera?
A. I believe it was clothes.
Q. This will sound silly, but do you have any beneficial interest in Graziella Ravera?
A. No, ma'am.
MS. HUGHES: I am marking Exhibit b32.
Q. Mr. Altomare, I'm going to have you look at Exhibit 32. The court reporter will need to mark that.
(Plaintiffs Exhibit 32, check dated August 5, 2006 drawn on Wachovia account 5480 in the amount of $10,000, written to cash, Bates number RAA-1892, marked for identification, as of this date.)
Q. Exhibit 32 is a check dated August 5, 2006 drawn on your Wachovia account 5480 in the amount of $10,000, written to cash. The Bates number is RAA-1892. Do you know why your wife wrote this check to cash on or about this date?
A. I have a question, was this an Italian signatory at the bank?
Q. It appears to have been endorsed by something called Crivelli, C-R-I-V-E-L-L-1, SRL.
A. I think on that same vacation, I think that was also for clothes and – that is not my wife' signature on cash. They wrote it out to cash. I think they probably told her that they would fill it in later and they wrote it for cash, but that's not my wife's signature on "Cash."
Q. It's not her handwriting?
A. No, ma'am.
Q. But it is her signature?
A. Oh, absolutely. Absolutely, and I have no beneficial interest in cash.
MR. TIFFORD: I'm afraid you do.
THE WITNESS: I do.
Q. Or do you have a beneficial interest in Crivelli SRL?
A. No, ma'am.
MS. HUGHES: I am going to have the reporter mark this as Exhibit 33.
(Plaintiffs Exhibit 33, check dated August 6, 2006 drawn on Wachovia account 5480, in the amount of $5,000, Bates number RAA-1913, made out to "Bearer," marked for identification, as of this date.)
Q. Mr. Altomare, I'm handing you Exhibit 33. This is a check dated August 6, 2006 drawn on your Wachovia account 5480, in the amount of $5,000, Bates number RAA-1913. This is made out to "Bearer." Do you know why your wife made out a check to "Bearer"?
A. No, ma'am, I do not. This one I do not recognize. Do we have a back of this one?
Q. We do. It's the bottom half of the page. It seems to be endorsed by something call Zenyar LLC, Z-E-N-Y-A-R.
A. Could you just repeat that again. I can't seem to --
Q. It's right here (indicating).
A. I see. Thank you.
Q. Z-E-N-Y-A-R, LLC.
A. No, I have no recollection, nor do I have any beneficial interest in Z-E-N-Y-A-R, LLC. If I may, B-E-A-R-E-R is not my wife's handwriting.
Q. Mr. Altomare I am having the court reporter mark the next exhibit, Number 34.
(Plaintiffs Exhibit 34, check dated August 18, 2006, made out to Paola Zoccai SRL, drawn on Wachovia account 5480, Bates number RAA-1869, marked for identification, as of this date.)
Q. This is a check dated -- or at least the stamp on it is August 18, 2006, made out to Paola Zoccai, Z-O-C-C-A-I, SRL. It is drawn on your Wachovia account 5480, and it has Bates number RAA-1869. Do you recognize your wife's signature on this check?
A. Yes, ma'am.
Q. Do you know what she purchased from Paola Zoccai?
A. It was clothes, but I don't remember the specific clothes.
Q. And you have no interest in Paola Zoccai?
A. Oh, no, ma'am.
MS. HUGHES: Mark this as Exhibit 35.
(Plaintiffs Exhibit 35, check drawn on Wachovia account 5480, dated June 15, 2006, payable to Chopard, C-H-O-P-A-R-D, in the amount of $12,923.08, marked for identification, as of this date.)
Q. Mr. Altomare, this is a check drawn on your Wachovia account 5480, dated June 15, 2006, payable to Chopard, C-H-O-P-A-R-D, in 25 the amount of $12,923.08. It indicates on the notation line "PIF Prince Charles watch." Do you recognize your wife's signature on this document?
A. Yes, ma'am.
Q. Did she buy a Prince Charles watch in June of 2006?
A. Yes, ma'am.
Q. Was that a gift for you?
A. Yes, ma'am.
Q. Where is that watch currently located?
A. It's currently located at my home. It's my last watch.
Q. Have you prepared a list of the jewelry that you and your wife currently own?
A. I don't have any jewelry. I have the one watch. I don't think my wife has anything left, but no, I have not. Mr. Tifford hasn't asked me to do that.
Q. What jewelry do you believe your wife continues to own?
A. I have been away for 56 days, and I've been told by my wife that she doesn't have any jewelry.
Q. Does she have a wedding ring?
A. No, she sold the wedding ring.
Q. Do you know to whom she sold it?
A. I believe it was in the sale to the estate. It was a diamond ring, diamond wedding ring.
MS. HUGHES: We're going to mark this as Exhibit 36.
(Plaintiff's Exhibit 36, two checks, one dated January 25th and the second dated February 16th of 2006, both drawn on Wachovia account 5480, payable to Mayor's, the first in the amount of $2,000, the second in the amount of $2,313.25, marked for identification, as of this date.)
Q. Exhibit 36 consists of two checks, one dated January 25th and the second dated February 16th of 2006, both drawn on Wachovia account 5480. Do you recognize your wife's sit on these two checks?
A. Yes, ma'am.
Q. Both are payable to Mayor's, M-A-Y-O-R, I believe, apostrophe S. The first is in the amount of $2,000. The second in the amount of $2,313.25. Do you know what was purchased with these two checks?
A. No, ma'am.
Q. Is Mayor's a jewelry store?
A. Yes.
Q. In Florida?
A. It's all over the country.
MS. HUGHES: I am going to have the court reporter mark this as Exhibit 37. Gentlemen, I don't have an extra copy.
(Plaintiffs Exhibit 37, one-page Bank of America Platinum Plus credit card statement, marked for identification, as of this date.)
MR. TIFFORD: That's Bates U 50125.
Q. If I can have it for a moment, I will identify it on the record. Then we can talk about it. This is a one-page document. It's a Bank of America credit card statement. While the left-hand side is cut off, wherethe dates might be, I think it's your Platinum Plus account. You did have a Platinum Plus account; is that correct?
A. I don't remember.
Q. This is an account ending in the number 7702. This is a statement for the cycle that ended on June 3, 2007, and it indicates that there was a check drawn on the account in the amount of $10,000 prior to that date. Do you know what happened to that check, or to whom that check was paid?
A. No, ma'am. If you have a copy of it, I'll be happy to elaborate.
Q. I do not have a copy.
MS. HUGHES: I am going to ask this be marked as Exhibit 38.
Q. Exhibit 38, which I am going to have the court reporter mark, is the August 15, 2006 statement from your Wachovia equity line account, 4286. It indicates that there was a cash advance withdrawn from the account of $15,000 during that time frame of August 2006. Do you have any recollection what happened to those funds?
A. No, ma'am.
Q. I will further identify this on the record as having U 50196.
(Plaintiffs Exhibit 38, August 15,2006 statement from the Wachovia equity account 4286, Bates number U 50196, marked for identification, as of this date.)
Q. Mr. Altomare, during the past two years, for 2005 and 2006, Rosenberg, Rich, Baker & Berman prepared your taxes; is that correct?
A. Yes, ma'am.
Q. And how did you pay them to pay (sic) your taxes?
A. I don't recall.
Q. My question comes to you because among your checks I have found a May 7, 2007 check which I believe would pay for your 2006 taxes, but I didn't find a check to them to pay for the preparation of your 2005 taxes.
A. I don't know, ma'am. How much was the check paid for on 2006, $800?
Q. $850.
MR. TIFFORD: Isn't the check dated 5/7/07?
MS. HUGHES: Right.
MR. TIFFORD: Okay.
A. Thank you.
Q. The Bates number of what I'm looking at is RAA-783. Did Universal Express ever pay for the preparation of your personal taxes?
A. Not to my knowledge, no.
MS. HUGHES: Why don't we go ahead and mark this as an exhibit since we've been talking about it.
(Plaintiffs Exhibit 39, May 7, 2007 check paying for the 2006 taxes, dated 5/7/07, marked for identification, as of this date.)
Q. Mr. Altomare, I want to talk to you about the acquisition of the Jackson memorabilia for a few minutes. When did you acquire that collection, to your best recollection?
A. I would have to see some documents to get those dates right, but I -- if you have anything that could help refresh my memory, help me with the dates. It was over an extended period of time.
Q. When I look at the checks payable out of Universal Express's account, in November of 2006 you paid Vintage -- or is it Vantage?
A. I think it was Vintage.
Q. Vintage, you paid Vintage Pop, or Universal Express did, $150,000 on November 22, 2006. That's, if you will, the only place I see a payment being made to them. Is that roughly the right time frame?
A. Could you state the date again?
Q. November 22, 2006.
A. We were negotiating on that for a few months before any payments were made, so I would have to say in and around that time I had begun the negotiations to purchase the Jackson collection.
Q. And who is the person who you negotiated with?
A. I would have paid a Mr. Vacaro, Henry Vacaro, V-A-C-A-R-O.
Q. And was there a contract that was signed?
A. Oh, yes, ma'am.
Q. Is the contract between you and an individual and Vintage Pop, or between Universal Express and Vintage Pop?
A. I think it was all of those. I think initially he wanted to deal with me directly, and then I think it was a transfer from me to Universal Express because I didn't want to do anything at my desk that the company didn't benefit from. But all those documents, I believe, are in the hands of the receiver.
Q. That collection of Jackson memorabilia is located in a number of places; is that correct?
A. At this time, as a result of the ending of Universal Express as we knew it, yes, it is. It is all over the place.
Q. There are some parts of it that are held in storage units here in New York?
A. At this point, I don't know where anything is stored, but I do know that it was scattered at this time.
Q. Let's talk about where it was on September 1, 2007, prior to the receiver taking control of Universal Express.
A. Okay. At that time there was some in a storage facility in New York. There was some in a storage facility in Las Vegas. There was some being held by a Las Vegas judge in storage. And there was some that was held in New Jersey by a Jersey -- I think it was magistrate. I am not sure. It wasn't a judge. It was another attorney.
Q. As part of that collection, you acquired some master tapes?
A. Yes, ma'am.
Q. Those were at least in your possession until early January or February of this year?
A. Yes, we needed them air-conditioned, so. I put them in an air-conditioned facility, and gave them to my attorney at the request of the receiver.
Q. At this time do you possess any part of the Jackson memorabilia?
A. Just the contractual rights to it.
Q. Tell me what your contractual rights are.
A. I would let the contracts speak for themselves. I believe it's 30 percent.
RQ MS. HUGHES: Mr. Tifford, do you have those documents that identify his rights to the Jackson memorabilia?
MR. TIFFORD: I'm not in possession of them. I would be happy to state this on the deposition record. My best information is that Mr. Gunderson has possession of whatever those contracts are, and I agree to ask Mr. Gunderson. I will phone him after the deposition recesses and make an inquiry about that.
MS. HUGHES: Why don't we go off the record.
(Discussion off the record.)
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