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1 A F T E R N O O N S E S S I O N
2
3 (Whereupon, the following takes place in the
4 absence of the jury.)
5 THE COURT: I don't know if you all got a fax
6 letter from Mr. White which I got about 20 minutes ago.
7 It may have come earlier, but that's when I got it. Are
8 there times here? 12:33; is that right?
9 MR. WHITE: Your Honor, Ms. Scott faxed it from
10 Brooklyn. I was out here.
11 THE COURT: Excuse me, it is signed by
12 Ms. Scott. Your name is typed first.
13 Do they call this typed?
14 MR. WHITE: A word processor.
15 THE COURT: I have not had a chance to go over
16 it; I know one case, Cohen, C O H E N --
17 MR. WHITE: Ms. Scott just got here, and I
18 believe she has copies to give it out.
19 THE COURT: You have to give them copies of it.
20 MR. WHITE: We can dispense with this for the
21 moment, your Honor.
22 THE COURT: Your letter is interesting. I see
23 parts in here that I don't agree with -- not that I don't
24 agree with, but aren't proven.
25 MR. WHITE: I hope there are parts that you do
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
2138
1 agree with.
2 THE COURT: Yes, I agree with the law. But
3 whether you approved this sufficiently to put in a
4 summary, where jurors can say it is a fate accompli, that
5 I do not think. Can we leave it alone for the time
6 being?
7 MR. WHITE: Your Honor, we reworked all the
8 charts so the amount of income attributable to Mr. Gordon
9 is the fair rental value.
10 We put in the letter where we should be able to
11 argue at least in summation, here is our figure and it
12 could be higher, because Mr. Gordon really owned the
13 condominium.
14 THE COURT: You might. I have to see the proof
15 at the end of the government's case.
16 MR. TRABULUS: I have not seen the letter, your
17 Honor.
18 THE COURT: It goes through the alter ego
19 situation.
20 MR. TRABULUS: If your Honor reads the count of
21 the indictment, I submit that a fair reading of the
22 indictment does not include that theory. It is not
23 encompassed within the indictment. And that theory would
24 represent a variation.
25 THE COURT: That is another problem. I will take
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
2139
1 a look at that. I will give you a chance to respond over
2 the weekend, whoever wants to respond.
3 MR. TRABULUS: Thank you.
4 THE COURT: Mr. Wallenstein and Mr. Trabulus, I
5 assume, since you just saw it for the first time.
6 MR. WALLENSTEIN: Just handed to me moments ago.
7 MR. TRABULUS: While I am speaking to not -- I
8 got it.
9 MR. WHITE: I have not seen the final version
10 either.
11 THE COURT: I saw it. It is a pretty good job.
12 I thought you did it. But now I see Ms. Scott did it. My
13 compliments.
14 I am looking into United States against Cohen,
15 which is interesting.
16 A nice job, Ms. Scott?
17 MS. SCOTT: Very good, your Honor.
18 THE COURT: Where is the witness?
19 Is Mr. Neville here?
20 MR. NEVILLE: Ready and willing.
21 THE COURT: I have to keep track of you,
22 Mr. Neville?
23 MR. NEVILLE: I know you do and I appreciate it.
24 MR. TRABULUS: May I leave for a moment to get
25 Mr. O'Connor?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
2140
1 THE COURT: Yes.
2 THE CLERK: Jury entering.
3 (Whereupon, the jury at this time entered the
4 courtroom.)
5 THE COURT: Good afternoon, members of the jury.
6 Please be seated.
7 You are getting better and better as we are going
8 along. We are actually starting two minutes early today.
9 Thank you very much.
10 You may proceed.
11
12 A N D R E W R O S E N B L A T T,
13 called as a witness, having been previously
14 duly sworn, was exami
ned and testified as
15 follows:
16
17 THE COURT: You are still under oath,
18 Mr. Rosenblatt. Are you aware of that?
19 THE WITNESS: Yes, your Honor. Thank you.
20
21 DIRECT EXAMINATION (cont'd)
22 BY MR. WHITE:
23 Q I put before the jury Exhibit 837. Do you recall
24 that chart that you prepared?
25 A Yes.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
2141
Rosenblatt-direct/White
1 Q And that makes reference to a company called Registry
2 Publishing; is that right?
3 A That is correct.
4 Q Now, have you reviewed the bank records of Registry
5 Publishing?
6 A Yes.
7 Q Can you tell us if Registry Publishing conducting any
8 business?
9 A Not that I was able to determine.
10 Q Did Registry Publishing have any employees?
11 A Not that I am aware of.
12 Q Do you know if Registry Publishing filed tax returns?
13 A As far as I know, they did not.
14 Q And this chart also makes reference to Publishing
15 Ventures, Inc. have you reviewed the bank records of
16 Publishing Ventures?
17 A Yes.
18 Q Did it have any employees?
19 A No.
20 Q Did it do any business other than owning the
21 condominium on Hummingbird Road?
22 A No.
23 Q Did it file tax returns as far as you know?
24 A Not that I am aware of.
25 Q Now, you testified yesterday that Registry Publishing
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
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Rosenblatt-direct/White
1 had multiple bank accounts; is that right?
2 A Yes.
3 Q And how many different bank accounts did it have
4 during this period in 1994?
5 A I believe there were four separate accounts in four
6 different banks.
7 Q Now, were you present earlier in the trial for the
8 testimony of Mr. Ackerman?
9 A Yes.
10 Q And do you recall Mr. Ackerman's testimony with
11 respect to his conversation with Mr. Gordon regarding
12 transfers among corporations that Mr. Gordon controlled?
13 A Yes.
14 Q Tell us what Mr. Ackerman said.
15 A I believe --
16 MR. WALLENSTEIN: Objection.
17 THE COURT: Well, if you have what Mr. Ackerman
18 said in the record, I think we ought to have that rather
19 than what this witness remembers. If you want to read it
20 in, you can, if you think it is part of your next
21 question.
22 MR. WHITE: Okay. I will come back to that.
23 Q Now, as part of your duties as an IRS revenue agent,
24 do you have occasion to investigate taxpayer's financial
25 conditions?
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
2143
Rosenblatt-direct/White
1 A All the time.
2 Q And for how long have you been doing that type of
3 work?
4 A Approximately 26 years.
5 Q And in your experience, does the existence of
6 multiple corporations with multiple bank accounts at
7 multiple different banks make it more or less difficult
8 for the IRS to determine a taxpayer's true financial
9 condition?
10 A It certainly impedes the IRS.
11 Q Now, with respect to the Hummingbird Road
12 condominium, and the charts you looked at yesterday, you
13 indicated that Mr. Gordon paid rent to PVI; is that
14 correct?
15 A Yes.
16 Q Tell us approximately when -- well, tell us if you
17 know, when Mr. Gordon first began paying represents to
18 PVI?
19 A I believe it was February of 1993.
20 Q Let me show you Government's Exhibit 617, which is in
21 evidence.
22 (Handed to
the witness.)
23 Q Can you look at the top check and tell us who it is
24 made out to?
25 A John Kevorkian, K E V O R K I A N.
HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER
2144
Rosenblatt-direct/White
here is a full version of Jan 30th transcript here
The List
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USA's Best
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The List
Transcript
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Politics 