08-01789-smb Doc 18497 Filed 02/20/19 Entered 02/20/19 15 ......Authorizing the Depositions of...

Baker & Hostetler LLP Presentment Date: February 28, 2019 45 Rockefeller Plaza Time: 10:00 AM New York, NY 10111 Telephone: (212) 589-4200 Objections Due: February 25, 2019 Facsimile: (212) 589-4201 David J. Sheehan Attorneys for Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and the Chapter 7 Estate of Bernard L. Madoff

Time: 12:00 PM

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION,

Plaintiff, Adv. Pro. No. 08-01789 (SMB) v.

SIPA LIQUIDATION BERNARD L. MADOFF INVESTMENT SECURITIES LLC, (Substantively Consolidated)

Defendant. In re: BERNARD L. MADOFF,

Debtor.

IRVING H. PICARD, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff,

Plaintiff,

v.

DEFENDANTS IN ADVERSARY PROCEEDINGS LISTED ON EXHIBIT A ATTACHED HERETO,

Defendants.

Adv. Pro. Nos. listed on Exhibit A Attached Hereto

NOTICE OF PRESENTMENT OF ORDERS MODIFYING

ORDERS AUTHORIZING THE DEPOSITIONS OF ANNETTE BONGIORNO, DANIEL BONVENTRE, & JOANN CRUPI

08-01789-smb Doc 18497 Filed 02/20/19 Entered 02/20/19 15:49:10 Main Document Pg 1 of 3

2

PLEASE TAKE NOTICE that Irving H. Picard, as trustee (the “Trustee”) for the

liquidation of the business of Bernard L. Madoff Investment Securities LLC (“BLMIS”) under

the Securities Investor Protection Act, 15 U.S.C. §§ 78aaa, et seq. (“SIPA”), and the

substantively consolidated chapter 7 estate of Bernard L. Madoff, by the Trustee’s undersigned

counsel, will present the proposed orders (the “Proposed Orders”), attached as Exhibits B–D, to

the Honorable Stuart M. Bernstein, United States Bankruptcy Judge, for signature on February

28, 2019 at 10:00 AM:

1) Exhibit B, modifying the Order Authorizing the Deposition of Federal Prisoner Annette

Bongiorno (ECF No. 18321), a copy of which is annexed hereto as Exhibit E;

2) Exhibit C, modifying the Order Authorizing the Deposition of Federal Prisoner Daniel

Bonventre (ECF No. 18322), a copy of which is annexed hereto as Exhibit F; and

3) Exhibit D, modifying the Order Authorizing the Deposition of Federal Prisoner Joann

Crupi (ECF No. 18323), a copy of which is annexed hereto as Exhibit G.

PLEASE TAKE FURTHER NOTICE, that objections, if any, to the Proposed Orders

(“Objections”), shall: (i) be in writing; (ii) conform to the Federal Rules of Bankruptcy

Procedure, Local Bankruptcy Rules and General Orders; (iii) specify the name of the objecting

party and state with specificity the basis of the Objection(s) and the specific grounds therefore;

(iv) be filed in accordance with the electronic filing procedures for the United States Bankruptcy

Court for the Southern District of New York, with a proof of service, and a courtesy copy

delivered to the Chambers of the Honorable Stuart M. Bernstein, One Bowling Green, New

York, New York 10004; and (v) be served upon (a) Baker & Hostetler LLP, counsel for the

Trustee, 45 Rockefeller Plaza, New York, New York 10111, Attn: David J. Sheehan, Esq., and

(b) the Securities Investor Protection Corporation, 1667 K Street, NW, Suite 1000, Washington,


3

DC 20006-1620, Attn: Kevin H. Bell, Esq.; so as to be received no later than 12:00 PM on

February 25, 2019.

PLEASE TAKE FURTHER NOTICE, that if an Objection is timely served and filed, a

hearing may be held before the Honorable Stuart M. Bernstein, United States Bankruptcy Judge

on a date to be scheduled by the Court, upon such additional notice as the Court may direct. The

moving and objecting parties are required to attend the hearing, and failure to attend in person or

by counsel may result in relief being granted or denied upon default.

PLEASE TAKE FURTHER NOTICE, that unless Objections are timely served and

filed, the Proposed Orders may be signed without a hearing.

Dated: New York, New York February 20, 2019

Respectfully Submitted, /s/ David J. Sheehan BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New York 10111 Telephone: (212) 589-4200 Facsimile: (212) 589-4201 David J. Sheehan Email: [email protected] Nicholas J. Cremona Email: [email protected] Attorneys for Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and the Chapter 7 Estate of Bernard L. Madoff


EXHIBIT A

08-01789-smb Doc 18497-1 Filed 02/20/19 Entered 02/20/19 15:49:10 Exhibit A Pg 1 of 2

Exhibit A: List of Adversary Proceedings

Adv. Pro. No.

Case Name Counsel

1 10-04341 Marden, et al. Pryor Cashman LLP

2 10-04343 Patrice Auld, et al. Pryor Cashman LLP

3 10-04348 Marden Family Limited Partnership, et al.

Pryor Cashman LLP

4 10-04361 Harvey L. Werner Revocable Trust, et al.

Bernfeld, DeMatteo & Bernfeld, LLP

5 10-04384 Lanx BM Investments, LLC, et al. FisherBroyles

6 10-04417 The Lustig Family 1990 Trust, et al. Binder & Schwartz LLP

7 10-04468 Ken-Wen Family Limited Partnership, et al.


Law Office of Mark S. Roher, P.A.

8 10-04554 David Ivan Lustig Binder & Schwartz LLP

9 10-04561 Jeffrey R. Werner 11/1/98 Trust, et al.


10 10-04592 Anthony E. Stefanelli DelBello Donnellan Weingarten

Wise & Wiederkehr LLP

11 10-05048 Estate of Armand L. Greenhall, et al. Law Office of Joseph F. Keenan

Lax & Neville, LLP

12 10-05118 Charlotte M. Marden Pryor Cashman LLP

13 10-05168 Bernard Marden Profit Sharing Plan, et al.

Pryor Cashman LLP

14 10-05194 Bruce D. Pergament, et al. Pryor Cashman LLP

15 10-05255 Stefanelli Investors Group, et al. DelBello Donnellan Weingarten


16 10-05394 Richard M. Glantz, et al. Law Office of Richard E.

Signorelli

Bryan Ha

17 10-05439 Avram J. Goldberg, individually and in his capacity as trust officer

Pryor Cashman LLP

08-01789-smb Doc 18497-1 Filed 02/20/19 Entered 02/20/19 15:49:10 Exhibit A Pg 2 of 2

EXHIBIT B

08-01789-smb Doc 18497-2 Filed 02/20/19 Entered 02/20/19 15:49:10 Exhibit B Pg 1 of 5

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

SECURITIES INVESTOR PROTECTION CORPORATION,

Plaintiff-Applicant,

v.

BERNARD L. MADOFF INVESTMENT SECURITIES LLC,

Defendant.

Adv. Pro. No. 08-01789 (SMB)

SIPA LIQUIDATION

(Substantively Consolidated)

In re:

BERNARD L. MADOFF,

Debtor.


Plaintiff,

v.


Defendants.


[PROPOSED] ORDER MODIFYING ORDER AUTHORIZING THE

DEPOSITION OF ANNETTE BONGIORNO

WHEREAS, on December 19, 2018, this Court entered an Order Authorizing the

Deposition of Federal Prisoner Annette Bongiorno (ECF No. 18321) (“Bongiorno Deposition

Order”) pursuant to a November 26, 2018 Motion and Memorandum of Law For Orders

Authorizing the Depositions of Federal Prisoners Annette Bongiorno, Daniel Bonventre, and

Joann Crupi (ECF No. 18236) filed by counsel to Irving H. Picard, trustee (“Trustee”) for the

substantively consolidated liquidation of Bernard L. Madoff Investment Securities LLC under

the Securities Investor Protection Act, 15 U.S.C. § § 78aaa et seq., and the estate of Bernard L.

Madoff.


2

WHEREAS, the Bongiorno Deposition Order provided that the deposition would take

place no later than February 28, 2019. See Bongiorno Deposition Order ¶ 2.

WHEREAS, since entering the Bongiorno Deposition Order, the Trustee has been

working with all affected counsel to institute a uniform and final fact discovery deadline in all

cases listed in Exhibit A of May 24, 2019 to permit additional parties to participate.

WHEREAS, on February 15, 2019 this Court issued a decision permitting, inter alia, the

deposition of Bongiorno in 32 additional adversary proceedings (ECF No. 18480).

It is hereby ORDERED that:

1. Paragraph 2 of the Bongiorno Deposition Order is hereby modified to permit the

deposition to take place not later than May 24, 2019.

2. The Bongiorno Deposition Order is hereby modified to reflect that the Trustee

will enter a separate order outlining additional defendants’ counsel, consistent with the Court’s

February 15, 2019 decision authorizing, inter alia, Bongiorno’s deposition in 32 other adversary

proceedings (ECF No. 18480).

3. Other than as set forth herein, nothing in this Order shall modify the Bongiorno

Deposition Order, which remains in full force and effect.

4. This Court shall retain exclusive jurisdiction over the enforcement,

implementation, and interpretation of this Order.

Dated: New York, New York ____________, 2019

HONORABLE STUART M. BERNSTEIN UNITED STATES BANKRUPTCY JUDGE


EXHIBIT A



Adv. Pro. No.

Case Name Counsel




Pryor Cashman LLP














Lax & Neville, LLP



Pryor Cashman LLP





Signorelli

Bryan Ha


Pryor Cashman LLP


EXHIBIT C

08-01789-smb Doc 18497-3 Filed 02/20/19 Entered 02/20/19 15:49:10 Exhibit C Pg 1 of 5




v.


Defendant.

Adv. Pro. No. 08-01789 (SMB)

SIPA LIQUIDATION


In re:

BERNARD L. MADOFF,

Debtor.


Plaintiff,

v.


Defendants.


[PROPOSED] ORDER MODIFYING ORDER AUTHORIZING THE DEPOSITION OF DANIEL BONVENTRE


Deposition of Federal Prisoner Daniel Bonventre (ECF No. 18322) (“Bonventre Deposition

Order”) pursuant to a November 26, 2018 Motion and Memorandum of Law For Orders

Authorizing the Depositions of Federal Prisoners Annette Bongiorno, Daniel Bonventre, and

Joann Crupi (ECF No. 18236) filed by counsel to Irving H. Picard, trustee (“Trustee”) for the

substantively consolidated liquidation of Bernard L. Madoff Investment Securities LLC under

the Securities Investor Protection Act, 15 U.S.C. § § 78aaa et seq., and the estate of Bernard L.

Madoff.


2

WHEREAS, the Bonventre Deposition Order provided that the deposition would take

place no later than February 28, 2019. See Bonventre Deposition Order ¶ 2.

WHEREAS, since entering the Bonventre Deposition Order, the Trustee has been

working with all affected counsel to institute a uniform and final fact discovery deadline in all

cases listed in Exhibit A of May 24, 2019 to permit additional parties to participate.


deposition of Bonventre in 32 additional adversary proceedings (ECF No. 18480).


1. Paragraph 2 of the Bonventre Deposition Order is hereby modified to permit the

deposition to take place not later than May 24, 2019.

2. The Bonventre Deposition Order is hereby modified to reflect that the Trustee

will enter a separate order outlining additional defendants’ counsel, consistent with the Court’s

February 15, 2019 decision authorizing, inter alia, Bonventre’s deposition in 32 other adversary


3. Other than as set forth herein, nothing in this Order shall modify the Bonventre







EXHIBIT A



Adv. Pro. No.

Case Name Counsel




Pryor Cashman LLP














Lax & Neville, LLP



Pryor Cashman LLP





Signorelli

Bryan Ha


Pryor Cashman LLP


EXHIBIT D

08-01789-smb Doc 18497-4 Filed 02/20/19 Entered 02/20/19 15:49:10 Exhibit D Pg 1 of 6




v.


Defendant.

Adv. Pro. No. 08-01789 (SMB)

SIPA LIQUIDATION


In re:

BERNARD L. MADOFF,

Debtor.


Plaintiff,

v.


Defendants.


[PROPOSED] ORDER MODIFYING ORDER AUTHORIZING THE

DEPOSITION OF JOANN CRUPI


Deposition of Federal Prisoner Joann Crupi (ECF No. 18320) (“Crupi Deposition Order”)

pursuant to a November 26, 2018 Motion and Memorandum of Law For Orders Authorizing the

Depositions of Federal Prisoners Annette Bongiorno, Daniel Bonventre, and Joann Crupi (ECF

No. 18236) filed by counsel to Irving H. Picard, trustee (“Trustee”) for the substantively

consolidated liquidation of Bernard L. Madoff Investment Securities LLC under the Securities

Investor Protection Act, 15 U.S.C. § § 78aaa et seq., and the estate of Bernard L. Madoff.


2

WHEREAS, the Crupi Deposition Order provided that the deposition would take place

no later than February 28, 2019. See Crupi Deposition Order ¶ 2.

WHEREAS, since entering the Crupi Deposition Order, the Trustee has been working

with all affected counsel to institute a uniform and final fact discovery deadline in all cases listed

in Exhibit A of May 24, 2019 to permit additional parties to participate.


deposition of Crupi in 32 additional adversary proceedings (ECF No. 18480).

WHEREAS, the Crupi Deposition Order provided that Crupi was incarcerated at the

Federal Prison Camp in Alderson, West Virginia, and the Trustee has since learned that Crupi is

no longer incarcerated at that facility and instead is either housed with Residential Reentry

Management (“RRM”) facility in Brooklyn, New York, or has been released from the reentry

facility and is now under the supervision of a federal probation office.


1. Paragraph 2 of the Crupi Deposition Order is hereby modified to direct (a) in the

event that Crupi is housed in the RRM facility in Brooklyn, New York, the authorized supervisor

of that facility to produce or allow Crupi, for purposes of being deposed, to appear at a location,

date, and time acceptable to the supervisor but not later than May 24, 2019, or (b) in the event

that Crupi has been released from the RRM facility, Crupi’s probation officer to allow Crupi, for

purposes of being deposed, to appear at a location, date, and time acceptable to the probation

officer but not later than May 24, 2019.

2. The Crupi Deposition Order is hereby modified to reflect that the Trustee will

enter a separate order outlining additional defendants’ counsel, consistent with the Court’s


3

February 15, 2019 decision authorizing, inter alia, Crupi’s deposition in 32 other adversary


3. Other than as set forth herein, nothing in this Order shall modify the Crupi







EXHIBIT A



Adv. Pro. No.

Case Name Counsel




Pryor Cashman LLP














Lax & Neville, LLP



Pryor Cashman LLP





Signorelli

Bryan Ha


Pryor Cashman LLP


EXHIBIT E

08-01789-smb Doc 18497-5 Filed 02/20/19 Entered 02/20/19 15:49:10 Exhibit E Pg 1 of 8




v.


Defendant.

Adv. Pro. No. 08-01789 (SMB)

SIPA LIQUIDATION


In re:

BERNARD L. MADOFF,

Debtor.


Plaintiff,

v.


Defendants.


ORDER AUTHORIZING THE DEPOSITION OF FEDERAL PRISONER ANNETTE

BONGIORNO

On November 26, 2018, Irving H. Picard, trustee (“Trustee”) for the substantively

consolidated liquidation of Bernard L. Madoff Investment Securities LLC (“BLMIS”) under the

Securities Investor Protection Act, 15 U.S.C. § § 78aaa et seq. (“SIPA”), and the estate of

Bernard L. Madoff (“Madoff”) (collectively, “Debtor”), by and through his counsel, filed a

Motion and Memorandum of Law For Orders Authorizing the Depositions of Federal Prisoners

Annette Bongiorno, Daniel Bonventre, and Joann Crupi (the “Motion”), ECF No. 18236. The

Motion sought, inter alia, an order pursuant to Federal Rule of Civil Procedure 30, applicable to



2

this proceeding under Rule 7030 of the Federal Rules of Bankruptcy Procedure, to depose Ms.

Annette Bongiorno.

On December 13, 2018, the Trustee filed a certificate of no objection representing that no

objection has been received and that no party has indicated to the Trustee that it intends to

oppose the relief requested in the Motion.


1. Ms. Bongiorno’s deposition is authorized;

2. The warden of the Federal Correctional Institution Coleman located in

Sumterville, Florida, is hereby directed to produce Annette Bongiorno, a prisoner with Federal

Bureau of Prisons Register # 96064-004, at the warden’s office or elsewhere within the facility at

a date and time to be determined at the discretion of the warden but not later than February 28,

2019. In accordance with Federal Rule of Civil Procedure 30(b), the deposition will be taken

before a notary public or other person duly authorized by law to administer oaths and will be

recorded by video and/or stenographically;

3. Counsel from the following law firms may attend the deposition of Ms.

Bongiorno: (1) Baker Hostetler LLP, as counsel for the Trustee; and (2) Pryor Cashman LLP,

Bernfeld, DeMatteo & Bernfeld, LLP, FisherBroyles, Binder & Schwartz LLP, Clifford Chance

U.S. LLP, DelBello Donnellan Weingarten Wise & Wiederkehr LLP, Law Office of Joseph F.

Keenan, Lax & Neville LLP, and Law Office of Richard E. Signorelli as counsel for certain

defendants (“Defendants’ Counsel”). No other appearances are authorized;

4. Except for any counsel that may appear on Ms. Bongiorno’s behalf, only two

attorneys for the Trustee may appear at the deposition; only two attorneys from the Defendants’

Counsel may appear; no other appearances are authorized;



3

5. The Trustee’s counsel shall have the opportunity to commence Ms. Bongiorno’s

examination at deposition, Defendants’ Counsel shall then have the opportunity to examine Ms.

Bongiorno, and the parties then will have the opportunity respectively to conduct any additional

re-direct or re-cross examinations as they deem necessary; the Trustee’s counsel shall be

permitted to examine Ms. Bongiorno for a total of seven (7) hours and Defendants’ Counsel shall

be permitted to examine Ms. Bongiorno for a total of seven (7) hours; no further questioning is

authorized without written leave of court;

6. Counsel for the Trustee and the Defendants’ Counsel are prohibited from asking

Ms. Bongiorno any questions about:

i. Jeffry M. Picower (“Picower”) or any of the Picower Parties,1 or their respective

agents; or

ii. the BLMIS accounts of Picower and/or the Picower Parties.

7. To the extent Ms. Bongiorno testifies regarding Picower or the Picower Parties or

their BLMIS accounts in responding to questions, any information specific to the BLMIS

accounts of Picower and/or the Picower Parties shall be redacted whenever practicable, and

counsel may follow up with questions concerning Picower or the Picower Parties only to the

extent that such follow-up questions concerning Picower or the Picower Parties relate directly to

previous testimony. Counsel may not, however, use any such testimony of Ms. Bongiorno

regarding Picower or the Picower Parties to inquire about any conduct of Picower or the Picower

Parties that is not directly related to previous testimony.

1 The “Picower Parties” are Capital Growth Company, Decisions, Inc.; Favorite Funds; JA Primary Limited Partnership; JA Special Limited Partnership; JAB Partnership; JEMW Partnership; JF Partnership; JFM Investment Companies; JLN Partnership; JMP Limited Partnership; Jeffry M. Picower Special Company; Jeffry M. Picower, P.C.; The Picower Foundation; The Trust f/b/o/ Gabrielle H. Picower; and Barbara Picower, individually, as Executor of the Estate of Jeffry M. Picower, and as Trustee for the Picower Foundation and tor the Trust f/b/o/ Gabrielle H. Picower.



4

8. In advance of the deposition of Ms. Bongiorno, counsel for the Trustee will

provide a copy of the Court’s Order authorizing her deposition.

9. Absent a further order of the Court, the deposition testimony of Ms. Bongiorno,

and the transcript thereof (the “Transcript”), shall not be used by any person or entity for any

reason as it relates to the Picower Parties, including, but not limited to, in any pending or future

litigation that may be brought against Picower’s estate, the Picower Parties, or their respective

agents, or any related person or entity.

10. The Transcript for the deposition of Ms. Bongiorno shall remain confidential and

under seal for the longer of twenty-one (21) days (“21-Day Period”) after the date the Transcript

is provided to counsel for the Trustee, the Defendants’ Counsel, the Picower Parties, and the

Securities Investor Protection Corporation (“SIPC”) (collectively, “Authorized Counsel”), and

their retained experts, if any, or if any party seeks to seal, strike, or redact any portion of the

Transcript within the 21-Day Period, then solely as to that portion of the Transcript, the day after

a final, non-appealable order is entered on such motion(s). The Transcript shall automatically be

re-designated as not confidential when the 21-Day Period for the Transcript expires, subject to

any sealing, striking, or redactions that the Court may have ordered.

11. During the 21-Day Period, the Transcript and contents of Ms. Bongiorno’s

deposition may not be disclosed, except to Authorized Counsel, and any of their retained experts,

if any, all of whom, including experts, shall maintain the confidentiality of the Transcript and its

contents, and all of whom may file with the Court, under seal, requests to strike and/or redact any

questions or answers in the Transcript, including any testimony concerning Picower, the Picower

Parties, or their agents or related parties, or any BLMIS accounts held by, or on behalf of,

Picower or any of the Picower Parties.



5

12. Any requests on motions to strike and/or redact any part of the Transcript, and

any responses thereto, shall be filed under seal pursuant to Section III.C of this Court’s

Procedures for the Filing, Signing, and Verification of Documents by Electronic Means,

promulgated under Local Rule 5005-2, shall be served on Authorized Counsel at the time of

filing under seal, and shall remain confidential during the 21-Day Period.

13. In the event that any Authorized Counsel receives any request, subpoena, or other

process seeking disclosure of the Transcript or information related to Ms. Bongiorno’s testimony

during the 21-Day Period, such counsel shall, within three (3) business days thereof, notify the

Court, as well as all other Authorized Counsel, of the subpoena or other request, and shall await

direction from the Court before responding to such request, subpoena, or other process.

14. The Court, in its discretion, may impose sanctions on any person or entity that

violates any provision of this Order; and



Dated: New York, New York December 19, 2018

/s/ STUART M. BERNSTEIN HONORABLE STUART M. BERNSTEIN UNITED STATES BANKRUPTCY JUDGE





Exhibit A: Good Faith Actions with Open Fact Discovery as of November 26, 2018

APN Case Nickname Counsel



3 10-04348Marden Family Limited Partnership, et al.

Pryor Cashman LLP

4 10-04361Harvey L. Werner Revocable Trust, et al.




7 10-04468Ken-Wen Family Limited Partnership, et al.



9 10-04561Jeffrey R. Werner 11/1/98 Trust, et al.


10 10-04592 Anthony E. StefanelliDelBello Donnellan Weingarten


11 10-05048 Estate of Armand L. Greenhall, et al.Law Office of Joseph F. Keenan

Lax & Neville, LLP


13 10-05168Bernard Marden Profit Sharing Plan, et al.

Pryor Cashman LLP


15 10-05255 Stefanelli Investors Group, et al.DelBello Donnellan Weingarten


16 10-05394 Richard M. Glantz, et al.Law Office of Richard E.

Signorelli

17 10-05439Avram J. Goldberg, individually and in his capacity as trust officer

Pryor Cashman LLP



EXHIBIT F

08-01789-smb Doc 18497-6 Filed 02/20/19 Entered 02/20/19 15:49:10 Exhibit F Pg 1 of 8




v.


Defendant.

Adv. Pro. No. 08-01789 (SMB)

SIPA LIQUIDATION


In re:

BERNARD L. MADOFF,

Debtor.


Plaintiff,

v.


Defendants.


ORDER AUTHORIZING THE DEPOSITION OF FEDERAL PRISONER DANIEL

BONVENTRE










2

this proceeding under Rule 7030 of the Federal Rules of Bankruptcy Procedure, to depose Mr.

Daniel Bonventre.





1. Mr. Bonventre’s deposition is authorized;

2. The warden of the Federal Correctional Institution Schuylkill in Minersville,

Pennsylvania, is hereby directed to produce Daniel Bonventre, a prisoner with Federal Bureau of

Prisons Register # 63156-054, at the warden’s office or elsewhere within the facility at a date

and time to be determined at the discretion of the warden but not later than February 28, 2019.

In accordance with Federal Rule of Civil Procedure 30(b), the deposition will be taken before a

notary public or other person duly authorized by law to administer oaths and will be recorded by

video and/or stenographically;

3. Counsel from the following law firms may attend the deposition of Mr.

Bonventre: (1) Baker Hostetler LLP, as counsel for the Trustee; and (2) Pryor Cashman LLP,

Bernfeld, DeMatteo & Bernfeld, LLP, FisherBroyles, Binder & Schwartz LLP, Clifford Chance

U.S. LLP, DelBello Donnellan Weingarten Wise & Wiederkehr LLP, Law Office of Joseph F.

Keenan, Lax & Neville LLP, and Law Office of Richard E. Signorelli as counsel for certain

defendants (“Defendants’ Counsel”). No other appearances are authorized;

4. Except for any counsel that may appear on Mr. Bonventre’s behalf, only two

attorneys for the Trustee may appear at the deposition; only two attorneys from the Defendants’

Counsel may appear; no other appearances are authorized;



3

5. The Trustee’s counsel shall have the opportunity to commence Mr. Bonventre’s

examination at deposition, Defendants’ Counsel shall then have the opportunity to examine Mr.

Bonventre, and the parties then will have the opportunity respectively to conduct any additional

re-direct or re-cross examinations as they deem necessary; the Trustee’s counsel shall be

permitted to examine Mr. Bonventre for a total of seven (7) hours and Defendants’ Counsel shall

be permitted to examine Mr. Bonventre for a total of seven (7) hours; no further questioning is

authorized without written leave of court;


Mr. Bonventre any questions about:


agents; or


7. To the extent Mr. Bonventre testifies regarding Picower or the Picower Parties or

their BLMIS accounts in responding to questions, any information specific to the BLMIS

accounts of Picower and/or the Picower Parties shall be redacted whenever practicable, and

counsel may follow up with questions concerning Picower or the Picower Parties only to the

extent that such follow-up questions concerning Picower or the Picower Parties relate directly to

previous testimony. Counsel may not, however, use any such testimony of Mr. Bonventre

regarding Picower or the Picower Parties to inquire about any conduct of Picower or the Picower

Parties that is not directly related to previous testimony.




4

8. In advance of the deposition of Mr. Bonventre, counsel for the Trustee will

provide a copy of the Court’s Order authorizing her deposition.

9. Absent a further order of the Court, the deposition testimony of Mr. Bonventre,

and the transcript thereof (the “Transcript”), shall not be used by any person or entity for any

reason as it relates to the Picower Parties, including, but not limited to, in any pending or future



10. The Transcript for the deposition of Mr. Bonventre shall remain confidential and









11. During the 21-Day Period, the Transcript and contents of Mr. Bonventre’s

deposition may not be disclosed, except to Authorized Counsel, and any of their retained experts,

if any, all of whom, including experts, shall maintain the confidentiality of the Transcript and its

contents, and all of whom may file with the Court, under seal, requests to strike and/or redact any






5







process seeking disclosure of the Transcript or information related to Mr. Bonventre’s testimony









/s/ STUART M. BERNSTEIN HONORABLE STUART M. BERNSTEIN UNITED STATES BANKRUPTCY JUDGE










Pryor Cashman LLP













Lax & Neville, LLP



Pryor Cashman LLP





Signorelli


Pryor Cashman LLP



EXHIBIT G

08-01789-smb Doc 18497-7 Filed 02/20/19 Entered 02/20/19 15:49:10 Exhibit G Pg 1 of 8




v.


Defendant.

Adv. Pro. No. 08-01789 (SMB)

SIPA LIQUIDATION


In re:

BERNARD L. MADOFF,

Debtor.


Plaintiff,

v.


Defendants.


ORDER AUTHORIZING THE DEPOSITION OF FEDERAL PRISONER JOANN CRUPI










2

this proceeding under Rule 7030 of the Federal Rules of Bankruptcy Procedure, to depose Ms.

Joann Crupi.





1. Ms. Crupi’s deposition is authorized;

2. The warden of the Federal Prison Camp in Alderson, West Virginia, is hereby

directed to produce Joann Crupi, a prisoner with Federal Bureau of Prisons Register # 64246-

054, at the warden’s office or elsewhere within the facility at a date and time to be determined at

the discretion of the warden but not later than February 28, 2019. In accordance with Federal

Rule of Civil Procedure 30(b), the deposition will be taken before a notary public or other person

duly authorized by law to administer oaths and will be recorded by video and/or

stenographically;

3. Counsel from the following law firms may attend the deposition of Ms. Crupi: (1)

Baker Hostetler LLP, as counsel for the Trustee; and (2) Pryor Cashman LLP, Bernfeld,

DeMatteo & Bernfeld, LLP, FisherBroyles, Binder & Schwartz LLP, Clifford Chance U.S. LLP,

DelBello Donnellan Weingarten Wise & Wiederkehr LLP, Law Office of Joseph F. Keenan, Lax

& Neville LLP, and Law Office of Richard E. Signorelli as counsel for certain defendants

(“Defendants’ Counsel”). No other appearances are authorized;

4. Except for any counsel that may appear on Ms. Crupi’s behalf, only two attorneys

for the Trustee may appear at the deposition; only two attorneys from the Defendants’ Counsel

may appear; no other appearances are authorized;



3

5. The Trustee’s counsel shall have the opportunity to commence Ms. Crupi’s

examination at deposition, Defendants’ Counsel shall then have the opportunity to examine Ms.

Crupi, and the parties then will have the opportunity respectively to conduct any additional re-

direct or re-cross examinations as they deem necessary; the Trustee’s counsel shall be permitted

to examine Ms. Crupi for a total of seven (7) hours and Defendants’ Counsel shall be permitted

to examine Ms. Crupi for a total of seven (7) hours; no further questioning is authorized without

written leave of court;


Ms. Crupi any questions about:


agents; or


7. To the extent Ms. Crupi testifies regarding Picower or the Picower Parties or their

BLMIS accounts in responding to questions, any information specific to the BLMIS accounts of

Picower and/or the Picower Parties shall be redacted whenever practicable, and counsel may

follow up with questions concerning Picower or the Picower Parties only to the extent that such

follow-up questions concerning Picower or the Picower Parties relate directly to previous

testimony. Counsel may not, however, use any such testimony of Ms. Crupi regarding Picower

or the Picower Parties to inquire about any conduct of Picower or the Picower Parties that is not

directly related to previous testimony.




4

8. In advance of the deposition of Ms. Crupi, counsel for the Trustee will provide a

copy of the Court’s Order authorizing her deposition.

9. Absent a further order of the Court, the deposition testimony of Ms. Crupi, and

the transcript thereof (the “Transcript”), shall not be used by any person or entity for any reason

as it relates to the Picower Parties, including, but not limited to, in any pending or future



10. The Transcript for the deposition of Ms. Crupi shall remain confidential and









11. During the 21-Day Period, the Transcript and contents of Ms. Crupi’s deposition

may not be disclosed, except to Authorized Counsel, and any of their retained experts, if any, all

of whom, including experts, shall maintain the confidentiality of the Transcript and its contents,

and all of whom may file with the Court, under seal, requests to strike and/or redact any






5







process seeking disclosure of the Transcript or information related to Ms. Crupi’s testimony









/s/ STUART .M. BERNSTEIN HONORABLE STUART M. BERNSTEIN UNITED STATES BANKRUPTCY JUDGE










Pryor Cashman LLP













Lax & Neville, LLP



Pryor Cashman LLP





Signorelli


Pryor Cashman LLP



Date post:	30-Mar-2021
Category:	Documents
Upload:	others
View:	4 times
Download:	0 times