Case 3:12-cv-00041-GMG-JES Document 38-5 Filed 12/11/12 … · Case 3:12-cv-00041-GMG-JES Document...

Case 3:12-cv-00041-GMG-JES Document 38-5 Filed 12/11/12 Page 1 of 196 PageID #: 434

.J '

ORIGINAL William Allan Stewart

IN THE UNITED S'rATES DISTRICT COURT FOR THE NOR'rHERN DISTRICT OF ~lEST VIRGINIA

AT MARTINSBURG

DAVID REMSBERG,

Plaintiff, v.

Civil Action No: 3:12-CV-41 (Judge Groh)

DOCUPAK, a foreign corporation,

Defendant.

'rhe 30 (b) ( 6) deposition of WILLIAM ALLAN STEWART 1 taken

in the above-styled matter at the offices of Steptoe &

Johnson, PLLC, 1250 Ed1'1in Miller Boulevard, Suite 300,

Martinsburg, West Virginia, on vlednesday, the 7th day of

November, 2012, beginning at 9:10 a.m.

A P P E A R A N C E S

On Behalf of the Plaintiff:

David M. Hammer, Esquire HAMt~ER, FERRET1'I & SCHIAVONI 408 West King Street Martinsburg, West Virginia 25401

On Behalf of the Defendant:

A, Neal Barkus, Esquire STEPTOE & JOHNSON, PLLC Post Office Box 2629 Martinsburg, West Virginia 25402-2629

Also Present:

Mr. David K. Remsberg

1

(c) 2012 Verbatim Valley Transcripts 540.665.3020 EXHIBIT

4


William Allan Stewart

I N D E X

Deponent Direct Cross Redirect Recross

WILLIAM ALLAN STEWART

By Mr. Hammer: 4 106

By Mr. Barkus: 99

E X H I B I T S

Exhibit No. For Identification

1 Notice of 30 (b) (6) Deposition

2 Airmen Roster

3 Answers and Counterclaim

4 G-RAP Overview

5 E-mail, dated 1/17/09

6 E-mails, dated 5/28/09

7 Brochure

8 Letter, dated 10/28/11

9 Independent Contractor Agreement

(c) 2012 Verbatim Valley Transcripts 540.665.3020

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1 STIPULATIONS

2 It is stipulated by and between counsel for the

3 respective parties hereto that the deponent will read and

4 sign the deposition transcript.

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1 P R 0 C E E D I N G S

2 WILLIAM ALLAN STEWART, having been duly sworn by the Notary,

3 was examined and testified as follows:

4 D I R E C T E X A M I N A T I 0 N

5 BY MR. HAMMER:

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Good morning, Mr. Stewart.

Good morning: sir,

We introduced ourselves off the record, but for

the record, will you please state your full name?

It's William Allan Stewart.

Mr. Stewart, where are you employed?

At Docupak.

In what capacity are you employed?

I'm a employee of the company. Right now, I'm--

I work in the medical management systems.

Previously, I was the deputy program manager of

the recruiting assistance programs.

Deputy program

Manager. Yes, sir.

Manager. Of recruiting assistance programs?

Yes, sir.

And during what period of time were you deputy

program manager of recruiting assistance programs?

From December of 2005, until the last program

ended, when -- technically, Mr. Hammer -- and I'm


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going to explain this -- you know, we're still

closing out the contracts, so I guess I -- until

present, if you will, sir.

So, off the record, I've shared with you that we

have drinks and restroom. If at any time you need

to stop, get a drink, use the restroom, please

just tell me, I'll be happy to stop for you. I'm

going to ask you questions today. You're under

oath. If you don't hear or understand a question

I ask, please tell me; I'll be happy to repeat the

question or rephrase the question so that you do

understand it.

As the court reporter has indicated to you,

this is not an ordinary conversation. It's best

if you all01·1 me to ask a complete question before

you make your response; and then I should, in

turn, extend the same courtesy to you and not

interrupt your answers, as well. I'll try not to

do that. It does happen. If it does, please,

we'll just take a step back and start again.

Okay?

Understood, sir.

Now, you're doing very well with making verbal

responses already. Head nods, ''uh-huhs,'' eye

rolls, ear wiggles, all of that just aren't


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helpful for the court reporter. So ''yes,'' ''nos,''

and if you have to explain, go right ahead.

Correct, yes.

Now, you've been designated to testify in this

case. Is that correct?

Yes, sir.

And is that pursuant to Plaintiff's Amended Notice

of 30 (b) (6) Deposition?

Yes, sir. That's

I'm going to have this marked as Stewart

Deposition Exhibit No. 1. Leaving aside the style

of the document, 1·1hich actually incorrectly has

the old Berkeley County Civil Action Number but

beginning with the body of the text, questions 1

through 6, have you reviewed these questions

before today?

(Deponent handed document.)

Yes 1 sir,

Are you prepared to truthfully respond to

questions about these topic areas?

Yes, sir.

22 (Whereupon, the deposition

23 notice was marked Stewart

24 Deposition Exhibit No. 1, for

25 purposes of identification.)


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I'm going to ask you, generally, what you've done

to prepare for this deposition. As we get into

each of the numbered categories, I'll ask

specifically what you've done. So, generally,

tell me what you've done to prepare to testify on

behalf of Docupak here today.

Sir, obviously, as I've stated, I've read this

document. We've -- I've read all the documents

regarding this particular case the notes, the--

all the documents that we have actually pulled

together. I've read the deposition. I have also

read the Air Guard's investigation.

With regard to the documents that have been pulled

together, are those all documents that have been

produced in the discovery phase of this case, or

v1ere there other documents that haven't been

produced?

To the best of my knowledge, it's the ones that

were produced, sir.

So have you read the ones that the plaintiffs

provided to Docupak that typically had little

numbers on the bottom that says Remsberg, you

know, DO-something on the bottom? I can show you

an example, if you'd like.

Do you mind, sir?


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Not at all.

That way --Yeah. Let me just pull out -- I'm just going to

hand you -- I won't have this marked just yet, but

this is one of the ''congratulations'' electronic

messages that \•las received by Mr. Remsberg. And

you can .see in thP. lm1P.r right-hand corner there

are what VIe call Bates numbers on the document.

Honestly, I'm trying to remember if I've read

these. I know what they are. Truthfully, I read

a lot of documents last night. I may have skimmed

through these. I'm not going to lie to you, but--

Yes.

-- I'm aware of what they are. Yes, sir,

And, right now, I'm not asking specifically

Okay.

-- about the content of this document. I'm really

directing your attention to the bottom right-hand

corner where you see 11 Remsberg" and then a number

that begins with several zeroes, and then has some

digits at the end.

Yes, sir.

Have you seen documents that have those

them?

I don't recall. I'm not being --


numbers on

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Oh, I understand.

-- argumentative. I'm just --

Yes.

looking at the documents. They may have been

in those last night. I just -- I don't recall

these particular -- I didn't recall those numbers

on the bottom, sir.

Do you recall reviewing documents that the

plaintiff produced in this case?

If I may, sir, I recall --

Sure.

Flip one more over; I do recall seeing that. And

if they were all together, then I can safely

assume that I went through them. Yes, sir.

And have you seen any other documents besides the

documents that plaintiff produced and the

deposition you identified and the Air Guard

investigation? Any other documents?

Not to my knowledge, sir.

Do you have a list of the documents you reviewed,

or do you still have the documents themselves?

Not on me, sir.

Where are the documents?

They're actually in my -- in the car, sir.

Maybe when we get a break, we'll just have you go


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out and get those; and we'll just mark what those

documents are.

MR. BARKUS: Well, I don't knov1 about that. Why are we

doing that?

MR. HAMMER: Because the documents that he reviewed in

preparation for his testimony today, I assume, are

relevant to his deposition ~PRtimony, ~nrl I'd ]_i_ke

to see them.

MR. BARKUS: Well, all right. So I will represent to

you, David, that what he saw were the documents

that we produced to you, the Air Guard

investigation documents, and a good number of the

documents -- I don't know that they were all the

ones that you produced to us -- and the

deposition, and that was it.

MR. HAMMER: So no other documents other than what's

been exchanged in discovery or identified here --

MR. BARKUS: That will

MR. HAMMER: -- such as the investigation?

MR. BARKUS: No. He said that he reviewed the

investigation file.

MR. HAMMER: Yes.

MR. BARKUS: That's part of what he reviewed.

MR. HAMMER: Right.

MR. BARKUS: But we have produced that to you.


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MR. HAMMER: The entirety of it?

MR. BARKUS: I think that there are probably ten or 12,

15 documents in that file that were not produced.

I don't know whether he didn't see those,

because he only saw the ones that were Bates

numbered, so he's seen only the ones that were

produced.

MR. HAMMER: Okay, so as long as we're clear on this.

9 BY MR. HAMMER:

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I don't want any surprises that, you know, you

either have a document I haven't seen or I give

you a document that, at least, wasn't you

weren't provided access to, to take a look at.

Understood.

Okay. If I may have that set back.

Sure.

(Counsel handed documents.)

Otherwise I'll get --

Sorry.

-- jumbled here. Now, in addition to the

documents that have been produced in discovery

this case and the deposition that you've

identified, did you also have the opportunity

review the plaintiff's complaint in this case?

That's the document that started the la\'ISUi t,


in

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Yes, siri I've seen that.

And have you seen the defendant's answer and

counterclaims that were filed in response to that

complaint?

I think so, sir.

So you're familiar with those documents, as well?

Yes; sir ..

To your kn01·1ledge, are there any other documents

that you've reviewed that we haven't already

discussed?


So the first category on Stewart Deposition

Exhibit No. 1 that you were designated to discuss

today-- testify about -- and I'll read it-- ''The

Plaintiff's performance as a recruiting assistant

in the G-RAP program associated with the 167th Air

Wing of the Air National Guard in Martinsburg,

West Virginia.'' Are you prepared to discuss that

topic today?

Yes, sir.

Tell me what you've done to prepare specifically

for that topic.

Reviewed his account, sir.

And by "his accounts," what do you mean?

The notes and the data that was input by


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Mr. Remsberg and our staff there.

Q. And, in your review, did you find that there vias

anything improper in what he had done?

A. Yes, sir.

Q. And what, specifically, did you find is improper?

A. Improperly, as respect to the origin of the

meetings of the potential airmen. There were a

couple of occasions, once we made phone calls and

inquiries, that didn't necessarily match up -- the

answers we received did not match up with the

information contained in the account.

Q. Now, when you're referencing making phone calls

and inquiries, is that pursuant to the

investigation that Docupak started in July of 2009

and finished in October of 2009, or is that some

other period of investigation?

A. It was during the inquiry that we did, sir.

Q. And that's the --

THE REPORTER: ''It was during the'' what?

MR. HAMMER: Inquiry.

THE DEPONENT: Inquiry.

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And was that -- the inquiry that you're referring

to is the July 2009 to October 2009 inquiry?

Yes, sir.


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And which airmen were contacted?

I probably don't recall all the names, sir. They

were in the documents. I'm sitting here trying to

think. Based on the sheet that I went through

last night, I know there were -- I believe there

were three that we had contacted at that time --

that we attempted to contact-- we.attempted to

contact all, but there were three that we had

spoken with.

I have

I want to

Go ahead. I'm sorry.

No. That's fine. I interrupted you.

I have a list, that I'll mark as Stewart

Deposition Exhibit No. 2, that was prepared by

Mr. Remsberg. Looking at this list, can you

identify the three airmen who were telephoned

during the investigation?

Not looking at this list; but I'll attempt to

recall the three, if I can.

(Whereupon, the airmen roster

was marked Stewart Deposition

Exhibit No. 2, for purposes of

identification.)

Sure. Take your time. If it v10uld help, if you


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have a document in the car that would make this

easier for you, we can certainly stop for a moment

and let you run out and grab that.

I believe it was Christopher Brannan.

It's number 5 on this list?

I believe, sir. Again, this is not a -- I can't

give you exact. Possibly a Justin Harris.

Number 3 on this list?

That we actually contact yes, sir -- or

received -- you know, spoke to. It will be a

guess, but James Semler -- number 23 -- brings a--

rings a bell. But again, I do want to say that

I'm doing this off of memory.

So those are the three airmen that you believe,

sitting here today, were contacted. And based

upon that contact, you believe that Mr. Remsberg

did something improper with regard to those three?

Based on my memory, sir.

Yes.

Yes, sir.

So as to the other 27 people on this list -- do

you have any knowledge or information that

Mr. Remsberg did anything improper in the

performance of his duties with regard to the

other, I guess, 24 people on this list?


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Based on the information that I received on the

Air Guard's investigation, mirroring that with the

information contained in the accounts, there are

inconsistencies which would lead me to believe --

At the time, between July of 2009 and October of

2009, when the investigation was performed, did

the investigation turn up any impropriety or any

improper conduct on the part of Mr. Remsberg \'lith

regard to the other 24 people on this list other

than the three you've identified as the likely

problems?

I don't understand your question, sir. I'm sorry.

Yeah. When you did the investigation-- I'm

saying "you," as Docupak. When Docupak did the

investigation in July 2009, concluding in October

of 2009, did Docupak have any information that

Mr. Remsberg had performed his duties improperly,

in any regard, with respect to the other 24 people

on this list?

May I -- first, I want to use -- I use the word

"inquiry," and that's just the word we utilize,

sir. Our inquiry did not last from July until

October, sir. We made a cursory -- we made phone

calls, and that was the extent of our inquiry.

Now, you characterize it as a ''cursory inquiry''?


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No. Well, our inquiry, sir. We attempted to

contact a number of the individuals, and received,

you know, responses from three.

What were the dates of the inquiry that Docupak

did?

I couldn't give you an exact date, July time

frame.


I'm going to have this marked as Stewart

Deposition Exhibit No. 3. I would ask that you

turn to page 6 -- the page numbers are at the top

-- and read to yourself Docupak's allegations in

paragraph 9 and paragraph 10.

(Deponent examines document.}

Have you had a chance to read those?

Yes, sir. Sorry.

Now, I read paragraph 9 as stating that an inquiry

began into Remsberg's activities in July 2009. Is

that your understanding, as well?

(Whereupon, the answer and

counterclaim were marked Stewart

Deposition Exhibit No. 3, for

purposes of identification.}

Yes, sir,

I read paragraph 10 as saying that Mr. Remsberg


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was finally disqualified in October of 2009. Is

that your understanding?

No, sir.

What's your understanding?

My understanding is, based on the notes in the

system, the account was terminated in August.

There was a status date in August.

Do you know

There was a note

That's my fault. I'm sorry. You go ahead.

There's a note in the system that also dated in

October-- that, "RA terminated." I think it says

"per Bill Stewart."

The note in the system terminating Mr. Remsberg;

do you recall the date of that note?

I think it was in October, sir. I don't recall

the exact date.

I'm sorry. I'm asking about the August date, when

the RA was terminated from the system. Do you

recall that being about August 17th?

No, sir. The status of the termination was --

yeah, that's right -- August; I think it was the

17th. I won't go exact, but that's probably very

accurate, sir.

And Mr. Remsberg was informed the following day,


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August 18th, that his access was -- he VIaS locked

out. Is that your understanding?

No, sir. I don't know that that happened.

So the investigation -- I'm sorry. Let me use the

word you used. The inquiry that was done began in

July and ended by August 17th, when Mr. Remsberg

VlaS removed fr:-om the system, Ts that cor-rect?

Yes, sir.

Do you knov1 when in July the inquiry began?

Not the exact date, sir.

Do you kn0\'1 who \'las doing the inquiry?

Yes, sir. We had a gentleman by the name of Cury

Vickery who works -- worked for me at the time.

We asked him to contact some of the potential

airmen.

And did he do so?

He did, sir.

Did you obtain statements from airmen?

Not official statements; no, sir.

And let me just interrupt myself -- or you.

keep saying "you," and please understand

unless I really specify you personally,

talking about Docupak.

Understood, sir.

So did you or Docupak obtain statements


that

I'm

from

I

the

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airmen?

No, sir; not official statements.

It was just handwritten notes or computer notes?

Cury Vickery -- if you will, Mr. Vickery -- put it

in a Word document, sir.

And has that Word document been produced to the

plaintiffs in this case?

Yes, sir.

Who approved removing Mr. Remsberg from the

system?

I did, sir.

Did you provide any reasons to Mr. Remsberg as to

why he was removed?


Is there a reason why Mr. Remsberg was not told at

the time why he was being removed?

Not required, sir.

How did you make the determination it 1·1asn' t

required?

Based on the at-law [sic] -- or the at-will

agreement.

Did you give Mr. Remsberg an opportunity to rebut

any of the statements that Mr. Vickery gathered

from three airmen?

Not to my knowledge, sir,


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Q. Is there a reason why Mr. Remsberg was not given

an opportunity to rebut or respond to those

statements?

A. Not a normal practice, sir, based on -- if there's

a perceived perception of impropriety, we end the

account.

Q. So there wAs a percei_ved perception of

impropriety?

A. Yes, sir.

Q. And based on that perceived perception, the

account was ended. Is that correct?

A. Yes, sir.

Q. What decision was made with regard to remaining

payments that might be due to Mr. Remsberg?

A. They were not paid, sir.

Q. And not paid by whom?

A. By Docupak, sir.

MR. BARKUS: Let me interpose an objection to this line

of inquiry, \·lhich I don't think is encompassed

within the six categories. And there's no harm in

asking him these questions, but I don't think that

if your questions are about topics that are not

encompassed within the six, then it's not the

corporation's testimony that he's giving, it's his

0\m. I just ~/anted to make that objection.


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MR. HAMMER: Okay.

BY MR. HAMMER:

Q. So Here payments received by Docupak for the \'lork

that Mr. Remsberg did?

A. Payments were received for work that Mr. Remsberg

had done. And if I may, I'll explain that.

Q. PlP.i'!S<e.

A. When a contract is made -- there was one contract

with the Air National Guard. They paid -- when

the contract comes in, you know, we get

acknowledgment through and everything matches up

correctly in the system, we actually pay the

recruiting assistant. Then we, what I will call,

invoice the Air National Guard for reimbursement.

It is -- the contract was set up that when we

receive confirmation and everything is good on the

contract, we pay the individual. We invoice the

Guard. When I say "the Guard," sir, by the way,

I'm meaning the Air Guard on this --

Q. That's right. I understand.

A. -- in this case -- we invoice the Guard the

$2,000, plus, you know, the fee. And if an

individual did not ship, you know, did not qualify

for the second payment, or that second payment was

not made, that money was returned -- is or was


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ultimately returned to the Air National Guard.

Q. Let me see if I understand.

A. Yes, sir.

Q. I understand you to be testifying that Docupak

essentially advances payment to the recruiting

assistant based upon the approval of the recruit.

In other words, they approve a recruit; they

advance payment to the recruiting assistant; and

then Docupak invoices the Air National Guard for

that payment.

A. Generally; yes, sir. Yeah.

Q. Now, you mentioned that there's also a fee on top

of the $2,000. Is that Docupak's fee?

A. Yes, sir.

MR. BARKUS: Objection to these questions, because

they're not encompassed within the six categories.

MR. HAMMER: Let me clearly note No. 3.

18 BY MR. HAMMER:

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Q.

A.

Q.

A.

Q.

A.

How much is the fee per candidate?

It should be $234

Two hundred --

-- or two -- $345 is what it will amount to --

what I think it amounted to, sir.

$345 per thousand, or --

No, sir.


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-- for the $2,000?

Total, sir.

Total.

I believe that to be the amount, sir. Again, it's

off memory, but

Close enough?

Yes 1 sir.

Now, with regard to the three airmen that you

identified as airmen where Remsberg may have acted

improperly, did you return those fees back to the

Air National Guard?

Are you asking did we return the fees that we

paid --

Mr. Remsberg.

-- we paid you're -- I'm trying to clarify, --

Please.

-- because I want to make sure I understand --

Thank you.

-- exactly. You're asking if -- we paid

Mr. Remsberg.

Uh-huh.

We invoiced the Guard. The Guard paid us. And

you're asking if we paid the money back that we

had paid Mr. Remsberg?

That's right. Did you pay that back to the


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Air National Guard?

No, sir.

So did you receive a fee for those three

individuals, as well?

Yes, sir, for the -- you know, that is part of the

administrative management of the program.

With reqard to the fee, did you return that fee

back to the Air National Guard?

No, sir.

With regard to any of the 27 individuals shown on

Stewart Deposition Exhibit No. -- is that Stewart

Deposition Exhibit No. 2? Yeah. Yes.

I think --

Two of us are blind. With regard to any of the 27

individuals shown on that list, did Docupak return

to the Air National Guard any of the payments that

it advanced to Mr. Remsberg?


And with regard to the administrative fee that

you've testified about, did Docupak return the

administrative fee to the --

Oh, no, sir.

-- Air National Guard? With regard to those three

individuals, what, specifically, did Docupak's

inquiry reveal was the problem with Mr. Remsberg's


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performance? And let's just start with the first

one you identified, which was Mr. Brannan?

I would like to say that I'm doing the three off

memory, so if they're not those exact three, I

apologize. So I wanted to make sure that --

I appreciate that.

-- you knot·! I'm not trying to -- this is off

memory. I can recall -- and I'll attempt to

one individual -- again, sir, I don't know which

one -- one individual stated that he met

Mr. Remsberg after he enlisted. Another

individual stated-- and again, I'm trying to

recall my memory -- that he got an interest and

went, you know, in the Air National Guard -- he

and his wife -- where Mr. Remsberg did not -- you

know, he certainly didn't initiate the interest.

And the third-- I'm trying to think, sir. It

escapes me right now, sir.

These findings that were obtained through -- they

were obtained through telephone conversations.

that correct?

Yes, sir.

No written statement was provided by the Air

Guardsmen?

No, sir.


Is

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A.

Q.

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A.

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A.

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Was any report of these statements made to any

third party -- in other words, to the Air National

Guard, to any other person or entity?

I think they were -- I think they were sent to the

Air National Guard for their investigation.

Do you know when that was done?

I do not, sir, I don't recall exact dates,

Did you receive any feedback or response from the

Air National Guard after you sent that

information?

No, sir; not pertaining to those three. Not to my

knowledge.

And after you sent that information to the Air

National Guard, and the Air National Guard had an

opportunity to inquire further, did the Air

National Guard ever contact Docupak and say that,

We want either the payments made to Mr. Remsberg

returned, or the administrative fee on those cases

returned'?


So tho Air National Guard never made a demand for

payment from Docupak?

Not to my knowledge.

I want to back up for just a second, and I'd like

to understand better what the performance


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obligations of Mr. Remsberg were. Okay?

A. Yes, sir.

Q. Because I want to understand what he violated that

caused him to be locked out of the system. Okay?

A. Yes, sir.

Q. So I have -- I'll have this marked as Stewart

Deposition Exhibit No. 4.

THE REPORTER: Can we go off the record for just a sec?

MR. HAMMER: Yes.

(Off the record.)

MR. HAMMER: Back on the record.

BY MR. HAMMER:

Q. Mr. Stewart, I've had marked and handed to you

Stewart Deposition Exhibit No. 4, and I'm going to

direct your attention back several pages into it,

to Bates 78, in just a moment. But before I do

that, do you recognize this document as one of the

documents you reviewed in preparation for today?


A. Yes, sir.

Q. And can you explain what this document is?

A. It appears to be a general overview of the

program.

(Whereupon, the G-RAP overview

was marked Stewart Deposition


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identification.)

Q. And --

MR. BARKUS: Well, now, did you look at all the pages

of it? Before you answer, you need to do that.

(Deponent examines document.)

THE DEPONENT: Let me rephrase my answer, if you will.

MR. HAMMER: Sure.

THE DEPONENT: It's a general overview, but, also,

starting halfway back it appears -- it looks like

it's a general overview of -- specifically, it

looks like the -- what I recall as the website

that outlines, generally, some of the

responsibilities and talks, in general, about the

program, sir.

BY MR. HAMMER:

Q. And keep going, because I -- we've produced these

documents in the sequence that you have them in

your hand, but I'm not certain that they're all

the same document. So if they are different

documents, please tell me.

A. Okay. The first portion appears as though it's a

l?owerl?oint.

Q. Let's do it by numbers. Yes.

A. Okay.


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So the first page is number 74. 74 through what

page of the first document?

Oh, here.

Yes.

74 through 80 appears to be a PowerPoint

presentation.

Okay. And then -- it is not attached in order --

66 --

Okay. 66 through

Seventy --

-- 68 is the Frequently Asked Questions.

And where is that from?

That was on the website, sir.

On Docupak's website or on the Air National

Guard's?

No, it's on the Air National Guard website.

Okay.

69 appears as though it's part of the training

it's a question out of the training -- as does 70

and 71. And, sir, 72 and 73, I don't recall, you

know, I don't recall actually t·Ihat these are. I

know what they are, but I'm not really sure when

they were produced. But it appears to be a

brochure of some sort that was produced. It talks

about the outline of the program.


30


1 Q.

2 A.

3 Q.

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5

6 A.

7

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13 A.

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16 A.

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19 A.

20 Q.

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22 Q.

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And you're looking at 72 and 73?

Yes, sir.

When you say ''produced,'' did Docupak produce these

documents, or are these from the Air National

Guard v1ebsite, if you knol'l?

At this time, I can't answer if we produced them

or if the Air Guard themselves produced that, sir.

NoH, let's start at the beginning again, and look

at the -- Hhat you identified as 74 through 80 as

a PoHerPoint presentation. This is a Po\'lerPoint

presentation that was prepared by 1·1hom, if you

know?

I don't know exactly, sir.

Do you know if this is Docupak's PoHerPoint

presentation?

No, sir. I can't confirm or deny that we actually

produced this.

Have you had a chance to read through this?

Yes, sir.

Does it appear accurate to you?

Not necessarily, sir.

What, if anything, appears inaccurate to you?

You look at page 76, where it discusses "not a

lead referral program."

Yes, sir.


31


1 A.

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9 Q.

10 A.

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It says, "Air National Guard Recruiting Assistant"

this is number 3 -- bullet point number 3 --

"will be employees of the contractor, paid by the

contractor. 11 That's inaccurate, sir.

Is there a point in time when that was accurate

and then became inaccurate, or, to your knowledge,

was that always inaccurate?

That has always been inaccurate, sir.

We're kind of waiting on you to tell us

I'm sorry.

--what's accurate, what's inaccurate at this

point.

My apologies. I'll just read. Page 78, again, it

says, "Contractor then hires the applicant upon

completion of computer training." It would've

been, you know, they would become independent I

would make that as, you know, they're brought on

as independent contractors.

Do you quibble with the idea that you hire

independent contractors?

No, sir. I would just -- I would spell it out as,

you know,

So it's not inaccurate, as v~ritten; it's simply

not as detailed as you would've preferred?

Correct, sir.


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Is it othen1ise is 78 otherwise accurate as to

the process?

Again, if I may read, "Upon successful completion

of online application will then have to sign a

moral and ethical agreement." Upon successful

completion of the online application, the

agreement that has to be agreed upon is an

independent contractor's agreement. Then we, you

know, hire them as an independent contractor. And

the bullet, if you will -- the circle -- says

"they make initial contact with a recruiter and

sets up a meeting to discuss duties and

responsibilities." That's not entirely accurate,

either.

What's inaccurate about that?

The recruiting assistant, as an independent

contractor, their duties and responsibilities are

outlined in the training portion. Again, the way

this is written, I read this as saying they work

for that for the Air National Guard recruiter,

and that is not -- that's not the intent nor how

the program is laid out, sir.

You're reading the words ''initial contact'' to mean

that they're working for the Air National Guard

recruiter?


33


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"Sets up a meeting" -- I'm reading it -- "Sets up

a meeting to discuss duties and responsibilities,"

I'm reading that as the recruiter is going to

direct the activities of the recruiting assistant,

and that is incorrect.

To Docupak's knowledge?

Yes; sir; 8~solutely.

And was the last part true, that the recruiting

assistant will be mailed an assistant's kit

consisting of a polo shirt, Guard almanac, and 200

business cards?

I recall that happening. Yes, sir. I'm not sure

if it was 200 business cards. I know it was a

box. But, yes, sir, they were -- they received

some business cards.

Let's turn to page 79, then, and tell me whether

this page is accurate.

The first block, if you will and it starts,

"Recruiting assistant starts to generate leads"

and that's what I'm reading from --

Yes, sir.

-- it reads, "The RA completes pre-screening,

asking a [sic] few questions as possible, then

contacts the assigned Air National Guard

recruiter." Again 1 a recruiting assistant is not


34


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assigned a recruiter. There may be a recruiter in

the wing, but, you know, that's not necessarily

he's not assigned to work for that individual.


Generally, the rest of it, as well. There's

when it talks about, "The RA serves as a new

enlistment's sponsor;" that's not a word we use,

but I believe the Air Guard may have used that

word, so --

But otherwise the rest of page 79 is accurate?

Yes, sir. You know, when it talks about the

payments, I do want to make reference to

approximately 15 days. Sometimes it could take

longer; but generally, it reads --

It says ''approximately.'' Right?

Yes, sir. Okay.

Page 80; accurate or not accurate?

It appears accurate. And when we see the word

"contractor," for the purposes of this, they're

talking about Docupak, --

Thank you.

-- not the independent contractor.

Thank you. That appears to be the last page of

this first document you identified. Now, the next

document you identified went from Bates 66 through


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68.

A. Yes, sir. I think that's right.

Q. And have you had a chance to review this document?

A. I have 1 sir.

Q. And is this a document prepared by Docupak?

A. That is correct, sir.

Q. Is it maintained on Docupak's computer system?

A. It was part of the Air Guard -- yes, sir.

Q. And is this document accurate?

MR. BARKUS: Well, I'm going to object. I think you

11 need to ask him a particular -- whether a

12 particular thing is accurate.

13 BY MR. HAMMER:

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Q.

A.

Q.

A.

If you can take a moment and read through it and

tell me if anything -- you see anything that's

inaccurate, I'll do that. I can direct you to the

specific section I want to ask about, if that

would shorten it up.

Okay.

So turning to page 67, it says, ''What are the

responsibilities of Docupak?'' in the lower right-

hand column. Can you read that section and tell

me whether or not that's accurate?

Yes, sir. Bottom right-hand corner. All right,

sir.


36



1 MR. BARKUS: It appears that the -- that there is

2 another page that's not connected here, because 68

3 doesn't appear to follow from 67.

4 MR. HAMMER: I agree with you, but if you look at the

5 top it says, "Guard Recruiting Assistance Program

6 Fact, Page 2 of 3,'' and then ''Page 3 of 3,'' so I

7 can 1 t answer that question.

8 MR. BARKUS: Okay. Well, I mean

9 MR. HAMMER: It does not seem like a complete sentence,

10 but --

11 MR. BARKUS: Right, and so I'm just making that

12 objection.

13 THE DEPONENT: It appears to be accurate, sir.

14 BY MR. HAMMER:

15 Q.

16

17

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20

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22 Q.

23

24

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And while we're on that question of accuracy or

inaccuracy, in the left-hand column of that same

page is a section captioned "What Are the

Responsibilities of the Recruiting Assistant?''

Can you please read through that section and tell

me whether that's accurate or inaccurate?

Oh, this one? It appears to be accurate, sir.

Now, are there any other rules that a recruiting

assistant is to know, other than these

responsibilities set forth in this section?

These are -- again, these were contained in a


37

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Frequently Asked Questions portal, if you will, on

the website. Without looking at the actual

training portion that the recruiting assistant

would've gone through in order to qualify to

become a recruiting assistant, I can't answer.

And the -- this appears to be, you know, many --

but just looking at the Fre~~ently Asked

Questions, I could not tell you that there are not

others without looking at the training.

Have you had an opportunity in preparation for

today to look at the training --

Yes, sir.

-- or its

I have.

And is that training consistent with what you see

under the section entitled ''What Are the

Responsibilities of the Recruiting Assistant?''

I think what is in the Frequently Asked Questions

is contained in the training. Yes, sir.

I don't see any indication in this section that an

RA engaged by Docupak is not to contact the Air

National Guard recruiter and coordinate with that

recruiter in obtaining recruits. Do you?

You're asking does it tell them specifically not

to --


38

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Yes.

-- contact the recruiter for -- you said

coordination'?

Coordination of recruits. That's right.

No. I think it implies that he or she, once they

identify individuals within their sphere of

influence, certainly, .f..'h..,....,r -- in order to join the ... u ...... .z:

Air National Guard, they have to facilitate a

meeting with the potential airman with that

recruiter. Otherwise, the individual will not

enlist -- or cannot enlist.

And, indeed, if \•le look down at No. 7 on this

list, do you see that recruiting assistants are

instructed that they are to mentor prospects in

the Air National Guard?

Yes, sir.

So it's part of their ongoing responsibility to

maintain contact even while the person is in the

Guard process?

Yes, sir. Absolutely.

No\'1 1 looking at the responsibilities of Docupak,

one of the responsibilities is to track and

analyze data. First, how was data tracked?

Data is tracked on -- we have what I will call

for purposes of this, we have an admin site.


The

39

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RAs have their site. They go in, they enter their

notes. We have a site that not only allows us to

see the notes that are in the recruiting

assistant's -- the account they created, but we

add our notes, you know, our administrative notes

in there. We can also-- we see a status. That's

where tha updates, if you will, that come from

AFRISS -- A-F-R-I-S-S -- and also MILPDS -- M-I-L-

P-D-S -- those are the two data systems.

When we -- we generate -- when we get the

reports in from the Air National Guard, we run

them through our database. And that's -- our

system is the one that actually identifies an

individual as a match, if you will. We see that

data. We see the unit uploaded. We see, you

know, basically a diary of the information. And

as it mentions, analyzing data, you know, we would

send, you know, reports as required by the

contract to the Air Guard leadership.

Q. And those reports are in regard to -- or some of

the reports are in regard to the activities of the

RAs?

A. Not that [sic] specific activities to the RAs.

No, sir.

Q. So the Air National Guard does not supervise the


40


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daily or weekly reports of the RAs. Is that

correct?

They -- no, sir. The Air National Guard

leadership -- and when I say leadership, I mean in

D.C. -- they had a look-down capability; and,

actually, the wing had -- they had an ability to

look down, and they could see the n~~bers into a

particular unit -- the number of accessions and

that type of information. I'm trying to recall

what other type of information, but -- and I'll

use my terminology -- they could not drill down,

if you will, sir, to the RA page for the details

that we had.

That's exactly what I was headed towards. If we

get to that granular level of the RA's page, the

only entity that monitored that page directly was

Docupak?

To the best of my knowledge, It's been a while,

but to the best of my knowledge.

And Docupak retained the right to supervise the

RA; indeed, was obligated to supervise the RA. Is

that correct?

We were obligated to, if I will -- as an

independent contractor, as an RA, as an

independent contractor, this was a national


41



1 program, airmen from all over the nation;

2 obviously, we did not have people out in the field

3 supervising the day-to-day activities of the RAs.

4 The program was not set up that way. They were an

5 independent contractor. We didn't provide them

6 cars, and expense reports, and those type things.

7 They didn't have a time sheet. You know and

8 I'm-- what I'm trying to reference is a

9 difference that I think, and I see, between an

10 independent contractor and an employee.

11 Q. I guess my question had more to do with

12 supervising at a granular level the inputs that

13 the RA made into the RA side of the system. And

14 the only entity that supervised those inputs was

15 Docupak?

16 MR. BARKUS: Are you testifying here,

17 MR. HAMMER: That's what I'm asking.

18 MR. BARKUS: -- or was it a question?

19 BY MR. HAMMER:

20 Q.

21 A.

22

23

24

25

Is that correct?

We can -- we look -- we have the drill-down

effect. Best of my knowledge, you know, that

information didn't get -- was kept at our level,

because the RAs were, you know, independent

contractors with us, not the National Guard.


42


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Q. So the information that the RAs put into the

system was kept at the Docupak level?

A. Oh, yes, sir. It is all housed at our level.

Yes, sir.

Q. And Docupak

THE REPORTER: "It was all housed" what?

THE DEPONENT: At our level.

8 BY MR. HAMMER:

9

10

11

Q. And so Docupak was the only entity that supervised

the input of that information?

MR. BARKUS: Objection. I object because I don't know

12 what you mean when you say ''supervised.''

13 BY MR. HAMMER:

14

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Q.

A.

Q.

A.

Q.

A.

Q.

Well, no one else had access to that besides

Docupak and the RA. Correct?

To the best of my knowledge.

Right.

Yes, sir.

And so vihen the RA would put information in, the

only entity that supervised that information

the input of that information was Docupak?

To the best of my knowledge.

And Docupak retained the right to contact any RA

at any time regarding the information that the RA

put into the system. Is that correct?


43


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A. I don't understand that question.

Q. Sure. What part don't you understand?

A. The "retained the right." I'm not really sure

what you mean by that.

Q. Docupak had the right to contact any RA regarding

the information that the RA put into the system?

Q. In fact, you had electronic communications you

could use to contact the RA?

A. Yes, sir.

Q. And you had telephone communications that were, in

fact, used to contact Mr. Remsberg and other RAs?

A. Yes, sir.

Q. And so, Docupak controlled 1·1ha t the RA did with

regard to the information put into the system?

MR. BARKUS: Objection to the form of the question.

THE DEPONENT: When we control -- they can put 1-1hat

they -- you know, they can put anything in the

system. I don't know what you mean by 11 Control."

MR. HAMMER: Okay.

MR. HAMMER:

Q.

A.

Well, it was Docupak's responsibility to validate

the data that the RA put into the system. Is that

correct?

As far as the -- we had to validate the accuracy


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of, for instance, the personal and private

information of an individual; and that validation

comes when there's a Social Security number match

in an AFRISS file, or there's a Social Security

number match in the MILPDS file.

Q. So Docupak had the ability to control the

information that went into the RA's side of the

file?

MR. BARKUS: Objection.

10 BY MR. HAMMER:

11

12

13

Q. Indeed, had that duty. Is that correct?


THE DEPONENT: The control is where I'm-- I don't

14 understand what you mean by ''control.''

15 BY MR. HAMMER:

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Q.

A.

Q.

A.

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A.

So Docupak had the right to validate the data, --

Yes 1 sir.

-- which means obligated to validate the data?

Yes, sir.

Docupak could tell an RA, Your data is

sufficient,' or, Your data is insufficient'?

The input of your information. Now, I see what

you're saying. Yes, sir. We could ask -- there

were certain things that we'd like to see from an

RA. For instance, you know, in just doing a brief


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overview, the -- you know, there's certain

information we would like to see from an RA as it

relates to their, you know, how they met the

individual, generally what their activities were.

Yes, sir. We have the ability to take a look and

certainly do a, you know, a courtesy check and

see, Hey, you know, is there data in here?' We

did that, generally, prior to, you know, prior to

pushing a button, if you will, to make a contract.

Q. And so you could tell an RA that, based upon the

entries in the system, Your activities are

appropriate, • or, Your activities are

inappropriate'?

A. We could, sir.

Q. And, in fact, did?

A. Yes, sir. I recall -- from time to time. Yes,

sir.

Q. And your obligation to do so 1·1as part of your

contract with the Air National Guard?

A. The obligation to validate the data with the Air

National Guard is part of our contract as it

relates to verifying that the data input -- most

importantly, that Social Security number match --

for a contract matched in their system. If the

Social Security number did not match, there was no


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contract.

Q. And is it -- am I correct that Docupak could look

through all of the data that an RA entered into

the system and decide -- and, indeed, was obliged

to decide -- whether or not that information was

sufficient to justify payment?

A. We could, sir.

Q. And you did?

A. Yes 1 sir.

Q. And that was part of your contractual obligation?

A. To?

Q. To the Air National Guard.

A. Our contractual obligation to the Air National

Guard -- if you're talking and I'll -- if

you're talking about the notes section, it's an

obligation that we verify the data and that we

believe, based on what the data -- that this is a

good contract.

Q. And you retain the right to tell an RA that, Your

data is sufficient,' or, Your data is

insufficient, and you need to go back and get more

data'?

A. Yes, sir.

Q. Have this marked as Stewart Deposition Exhibit No.

5. Are you able to identify what this document


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is?


MR. BARKUS: I object to this, because I don't

understand what category this is contained in.

Maybe you can help me there, David. I don't have

a problem with you asking questions about it. I

just 1·1ant to make sure that we mark on the record

what is the corporation's testimony and what is

this individual's testimony. And I don't know

what

MR. HAMMER: I think this goes to the performance of

Mr. Remsberg and understanding what that

performance is.

MR. BARKUS: Really? Okay. Well, let's see if it

does.

THE DEPONENT: I'm sorry, sir. Can you repeat the

question?

MR. HAMMER: Sure.

19 BY MR. HAMMER:

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Q.

A.

I was asking if you could identify this document

for the record?

It appears as though it is an e-mail from one of

the account coordinators at the time. I don't

understand why there's a question mark in the

"to." But it appears as though it's a


it looks

48



1 like a generic e-mail that Ms. Reisman would've

2 sent out when we received notification that there

3 was a nomination -- that an RA put a nomination in

4 the system.

5 (Whereupon, the e-mail was

6 marked Stewart Deposition

7 Exhibit No. 5; for purposes of

8 identification.)

9 Q. And this information that Ms. Reisman put out, is

10 this information accurate? And while you're

11 looking at that, I'm going to use the restroom

12 real quick.

13 (Off the record.)

14 MR. HAMMER: Back on the record.

15 BY MR. HAMMER:

16 Q.

17 A.

18 Q.

19

20 A.

21

22

23

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25 Q.

Have you had a chance to review the document?

I have, sir.

And is the information that Ms. Reisman put out

accurate?

It appears as though this is a document that -- an

e-mail she sent out -- a very detailed e-mail --of what we wanted to see within the account over

the period of the time from nomination to

shipment. Yes, sir.

Would you agree that these are instructions to the


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RA on how to perform their duties?

A. These are more of guidelines of the expectations

we had.

THE REPORTER: Can ~1e go off?

MR. HAMMER: Sure.

(Off the record.)


8 BY MR. HAMMER:

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Q.

A.

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I'll have this marked as Ste\'lart Deposition

Exhibit No. 6, please. Mr. Stel'lart, I've had

marked as Stewart Deposition Exhibit No. 6 what

are a group of page 1 of l's that I think-- I

would ask that you identify for the record.

These are e-mails sent out, in this case, to David

Remsberg from Lauren Jansen.

(Whereupon, the e-mails were

marked Stewart Deposition


identification.)

And is this a standard form of e-mail, with the

exception that the RA name and the name of the

G-RAP payment person changes?

This is a standard form that I know Lauren did at

a time when we got payment notification. We

wanted to at least let the RA know that there's a


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Q.

A,

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A.

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-- payment has been authorized.

And what was the process for authorizing payment?

Payments had to be authorized, you know, once

information, as I've said before, verified, you

know, in -- the information is input in the

system. The --

Let me just interrupt you, if I may. I'm sorry.

Let's just specify who does what. The RA enters

information in the system.

Correct.

Correct? The person in Ms. Jansen's position can

enter information on her side of the system.

Correct?

Yes, sir. Or any -- yes, sir.

Yes. And then we've already discussed that

Docupak then has a duty to validate the data.

Validate the Social Security numbers and ensure

there's a match. Correct, sir.

And then, is it the case that Docupak then

presents what I'll call an argument or

presentation to the Air National Guard to say

that, This payment should now be made'?

No, sir. Once we verified, you know, the Social

Security number match and, you know, went through

everything, we made the payment.


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That's right. Thank you. So you made the

payment, in this case, to Mr. Remsberg?

Yes, sir.

And then you make your presentation or argument or

bill to the Air National Guard to get reimbursed?

An invoice. Yes, sir.

An invoice. Okay. Now, directing your attention

down to the bold print that is -- begins, ''Please

remember that your mentoring responsibilities do

not end with a successful entitlement [sic].'' Do

you see that?

It says "successful enlistment."

Right. Can you read that boldface paragraph for

us.

"Please remember that your mentoring

responsibilities do not end with a successful

enlistment. Continue to document your work with

your nominee until they ship to BMT for non-prior

service, or until they've completed a 90-day

affiliation with the unit, prior service."

So is this Ms. Jansen's direction to Mr. Remsberg

with regard to what he needs to continue to do, in

terms of mentoring, with regard to Daniel Shaffer?

This is a reminder of the training -- what was in

the training, that layman's terms -- they've


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Q.

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enlisted. And that's correct, they still have to

ship, and you should maintain contact, as

discussed in the training, until they ship.

And do you agree that Ms. Jansen is directing

Mr. Remsberg to maintain and continue to document

contact l'lith this nominee?

I agree that he -- that she ~s reminding him to

that that's a responsibility.

And if he failed to fulfill that responsibility,

\'/hat 1'/ould be the consequence?

He could be unqualified for that shipment.

In Docupak's judgment, they could un-qualify him?

Not make the shipment.

In other \'lords, neither Docupak nor Mr. Remsberg

\'/ould be paid if Docupak chose to un-qualify him?

Docupak would reimburse the funds to the Air

National Guard for the monies that would

ordinarily be paid Mr. Remsberg in this case or

any RA.

And as you look through Ste\'lart Deposition Exhibit

No. 5 -- Stel'lart Deposition Exhibit No. 6 -- I'm

sorry. Except for the date changes and the name

changes, do they appear to you to be identical?

Yes, sir. They appear to be -- it appears to be a

generic e-mail.


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A.

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And so, in every instance, Ms. Jansen is directing

or reminding Mr. Remsberg to continue to document

his work with regard to the nominee?

He -- again, he -- she would be reminding him that

we're halfway there.

At the risk of the nominee not enlisting, Docupak

not being paid, David Remsberg not being paid?

I think you mean by shipping.

By shipping. Yes, sir.

By shipping. Yeah, it doesn't lay out "at the

risk of." It-- what it is is a reminder of, you

know, the responsibilities as discussed in the

training.

So you would agree that Mr. Remsberg "'as trained

by Docupak to do this?

He went through the training.

And that training included this direction to

continue to mentor?

Yes 1 sir.

Turn to -- I'll have this marked as Stewart

Deposition Bxhibit No. 7. Please page through it

and familiarize yourself with it, if you're not

familiar already.


And let me know when you've had a chance to


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A.

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review it.

I'm done.

Thank you. Can you identify the document for the

record?

It appears to be a brochure or a pamphlet of some

sort. Quite honestly, I'm not sure of the origin

of it.

(Whereupon, the brochure was



identification.)

Do you know whether it's a Docupak-generated

document or vlhether it's an Air National Guard-

generated document?

I do not believe it's a Docupak -- I don't recall

it being a Docupak-generated document.

If you would -- if we would turn to page 2 of the

document. Do you see the sentence that begins,

''Your circle of influence is unlimited''?

Yes, siri I do.

Do you take any issue with that statement?

Again, are you asking me to make a -- take issue

with the statement of something that I don't think

we produced, sir?

Oh, fair enough.


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A. I don't

Q. Okay.

A, I can't give you I can't and don't feel I can

give you answers on this document when I don't

think it -- I don't think it was produced by my

company.

Q, With regard to the contract that you had with the

Air National Guard, and the training that you gave

to the RAs, is the statement, ''Your circle of

influence is unlimited,'' consistent with that

contract and training?

A. That's not the verbiage we use, sir. We don't use

a 11 circle of influence."

Q. But is the concept consistent with your contract

and training?

MR. BARKUS: Objection to the form.

THE DEPONENT: Generally, I assume, sir. That's not

18 the -- that is not the guidelines by which 1-1e --

19 this is not our verbiage.

20 BY MR. HAMMER:

21 Q. What verbiage did Docupak use?

22

23

A. We didn't use a "circle of influence." Our [sic]

24

25

was more a "sphere of influence." That's a

know, that's been a -- something from the very

beginning.


you

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So this document uses the two-dimension circle of

influence, and you use the three-dimensional

sphere --

Uh-huh.

-- of influence?

I don't know two- and three-dimensional, but

that's fine. Sure.

And so were any limits -- strike that question.

Were the RAs given any training or

instruction by Docupak 1·li th regard to the limits

of their sphere of influence?

Not necessarily. We identified what the sphere of

influence was and what we -- and thought the

intent of the program was. I don't know that we

directed -- I know more of the sphere of

influence, you know, to give you very briefly, is

a -- within the community. The program was a

grassroots, you know, community-based marketing

initiative, if you will, that empowered the airmen

that drilled on a weekend basis. Within their

sphere of influence would be those that they

worked with, you know, on a civilian basis: went

to church with, played ball with, generally people

out in the community.

The program was initiated simply -- there was


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a need throughout the Air Guard. They weren't

meeting the numbers. And it was designed to be a

more cost-effective way of identifying

individuals. Once those individuals were

identified within their sphere of influence, you

know, you document where you met them, how you met

them. And we go back to the training; you get

them to the recruiter. That's what we considered

a sphere of influence. We didn't -- you know, we

didn't limit an individual, just like we didn't

direct their day-to-day activities, sir.

Q. And that's what I was asking. I'm going to ask

you next. Was there any limit placed on their

sphere of influence?

A. Not to my knowledge, sir. As long as they could

identify, you know, the basic, "where I met them,

how I met them 1 " for the nomination process, not

to my knowledge.

Q. Turning to the next page, which is Bates 86. Do

you see the ''Sales and Referral Training'' caption

about a third of tho way down the page?

A. I do.

Q. Do you see that there's a sentence that reads, "As

an RA, you have many valuable resources on which

you can rely: ( 1) online training; ( 2) impact


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sales skills, and (3) constant interaction with

your unit production recruiters and circle of

influence"?

I do.

Is that accurate?

I cannot-- I have no idea about No. 2. Number 3,

I could say that you would want them to obviously

interact with the production recruiter, because

that's the individual that -- and I won't say unit

-- whichever recruiter they use, the interaction

would be, I've met a gentleman or lady. I've

already done all my information. We're good. I

need you to talk to this individual. He has an

interest in the Guard based on my experience.'

The impact sales skills, I can't testify here in

reference to that. I have no idea, because,

again, I we didn't produce this document.

Now, No. 1, online training; --

Yes, sir.

-- is it true that Docupak did provide exclusive

online training to its RAs?

Yes, sir. There was -- you had to have the online

-- what I'll call the online portal -- we call it

training -- of the outline history of the

programs. Yes. You had to complete that prior to


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ever participating as an RA.

And is it true that one purpose of that training

was to guide the RA in the RA's development and

ensure success in the G-RAP program?

To give them general guidelines, I would similarly

agree with that, yes.

If you' 11 turn t.o v1hat' s BCJt.<es st.amped 89 on that

document. At the top there's an acronym-- I

don't even know if acronym is fair -- there are

letters, CCMAPPEDSS. Do you know what that is?

Clueless, sir.

Clueless.

No, sir. That's not a word.

Well, I'm clueless, so I'll admit to that. The

first sentence reads, ''We recognize everyone's

time is important, so it's imperative to pre-

qualify your prospective applicant prior to

scheduling an initial appointment between the

production recruiter'' -- I won't read the initials

-- ''the PA and yourself.'' Is that consistent with

the contract and the duties of an RA engaged by

Docupak?

Again, I'm sorry to be repetitive. Is it

you're are you asking me if it mirrors

Yes, sir.


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A. Not the verbiage we use. It has -- it's the

general I think the "general intent" would be

the word I would use.

Q. The pre-qualifying questionnaire discussed just

below that; is that consistent with the pre-

qualifying questionnaire used by Docupak?

A. I don't know of a pre-qualifying questionnaire.

Q. Do you know whether the Docupak recruiters were

trained to gather the information set forth in

this pre-qualifying questionnaire?

A. I don't know, sir, because this is not a document

that we did.

Q. If you would read through those and tell me

whether or not those are the -- that those are the

categories of information that an RA v1as required

to gather, I'd appreciate it.


A. Not to my knowledge, sir. There's some things

that -- and what I mean pre-qualify, we did not

an RA was not -- had -- he or she did not -- as

far as inputting into our system, we didn't ask

for your present health, those type of

information. It could be general questions, but

there was no questionnaire that was written and

submitted. And I'm going -- I'm just looking at


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No. 6.

Okay.

That's not something that we put in our systemi

same with No. 7, No. 8. I mean, basically, what

I'm -- this is not information that is required to

be input in our system. It could very well be

t"ft1.o.a.f-; ,..."e +-'h ... +- an P~n .. would talk to a potential "'1 _____ .., ....... ...............

airman about. That could be what they mean by

pre-qualifying questionnaire.

But this is not information that was input into

your system?

No, sir. Not its -- in its entirety. There are

bits and pieces, sir, but not in the entirety.

No, sir.

Sure. Like Social Security number?

Yes, sir.

Did Docupak provide training or instruction to the

RAs on moral offenses?

What do you mean by "moral

Yes.

-- offenses"? I mean, to -- do you mean by

question people?

Yes, sir. If you look at page 90 and 91 --

actually, through 93, you'll see categories

moral offenses.


-- to

of

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All right, sir. Can you repeat the question?

Sure. Did Docupak train RAs on the categories of

moral offenses to look for in qualifying an RA

qualifying a recruit?


Looking back to Stewart Deposition Exhibit No. 2,

if you have that handy -- it's the list of names--

can you tell me whether Docupak received any

administrative fee for Nicholas Shew, No. 27?

Based on this, sir, it doesn't appear as though

there's an enlistment date.

I'm asking about your knowledge, not necessarily

on the document. Do you kno1·1?

Not off the top of my head, sir. Sorry.

Let's mark this Ste1·1art Deposition Exhibit No. 8.

BARKUS: I don't notice that this is Bates

numbered. Did you produce this to us?

HAMMER: I don't see a Bates number on the bottom

either, so I can't tell you the answer off the top

of my head.

BARKUS: Why wouldn't you have done that?

HAMMER: I really -- I can't ans\·Jer that at all at

this point. I'll have to look into the document 1

if you're curious. I do want to ask the

some questions about the document.


Vli tness

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MR. BARKUS: Well, I object because we -- you haven't

produced this. I don't know what this is. If

it's important enough to ask the vii tness about in

the deposition, certainly, it's important enough

to produce.

BY MR. HAMMER:

Q. Have yotJ seen this do~urnent that's been marked as

Stewart Deposition Exhibit No. 8 before?

A. No, sir.

Q, Can you explain whether -- or tell me whether or

not this is the type of document that Docupak

would receive based on certain applicant names?

A. Not to my knowledge, sir, not associated with the

recruiting assistance program.

Q. So Docupak just did not get this type of document?

A. Not associated with the recruiting assistance

program. I don't know what this document is.

(Whereupon, the letter was



identification.)

Q. Okay. So, in terms of Mr. Remsberg, what specific

rule of the G-RAP program did Mr. Remsberg

violate, in Docupak's estimation?

A. Do you want one specific rule, sir?


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Well, if there are more than one, I'd like to talk

about all of them, but-- I'd like to see the rule

and which one he violated.

The guideline? It centers around the origin of

the nomination.

Which specific rule should I look at to see what--

How you mat -- how and where you met a nominee.

Where is that rule?

When you say "rule," I'm saying 11 guidelines."

Where is that guideline?

I'm going to assume it's in the training, sir.

Is there some guideline that says the details --

That you

-- specifically about how and where and what you

met?

No, to input the data -- the information as to how

you met the individual.

Does the guideline specify the level of detail

required?

I don't -- don't quote me on the exact verbiage;

obviously, I'm not looking at it in front of me.

But I know it mentions how you met the potential

airman.

Hov/ much detail is required to be provided in how

you met the potential airman?


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I think it's self -- in my opinion, it's self-

explanatory.

So would you agree with me that there's no detail

provided -- or no explanation provided as to the

level of detail required as to how an RA met a

potential airman?

I think the level of detail required is there need

to be specifics as to how you met the individual.

And in every instance with Mr. Remsberg, would you

agree that Lauren Jansen, or someone in her

position, would have reviewed that information on

Mr. Remsberg's side of the site and decided

whether or not the information input was

sufficient or not?

No, sir. I won't say on every instance. I

couldn't.

Which instances did Ms. Jansen or someone not do

that?

I couldn't tell you, sir. I'm just saying that I

would not be 100-percent -- I couldn't 100-percent

tell you that every single thing was reviewed

every single time, based on contracts coming in.

Do you know whether or not Ms. Jansen did, in

fact, review every single instance?

It was our practice to review the information


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provided.

Q. So it was the regular practice --

A. Yes, sir.

Q. and duty of the person in Ms. Jansen's position

to review the information that the RA input?

A. Her or those -- you know, the account -- people

that worked for me. Correct, sir.

Q. Do you have any information that Ms. Jansen did

not do so in any particular case of any airman

that Mr. Remsberg recruited?

A. Not necessarily. No, sir.

Q. So you have no facts to support a claim that

Ms. Jansen did not review every single input of

information that Mr. Remsberg did?

A. I have no facts that 100-, you know, percent

absolute that she did or didn't, but based on what

we did, that was our general practice, sir.

Q. Has Docupak disciplined Ms. Jansen for failing to

do her duties Hith regard to Mr. Remsberg?

A. Is

MR. BARKUS: Objection, because that's -- well, I don't

think that's within the scope of the notice, so I

object to the question. Go ahead.

THE DEPONENT: I need to answer?

MR. BARKUS: Yeah. Absolutely.


67



1 THE DEPONENT: To the best of my kn01'1ledge, no, sir.

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Q.

A.

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A.

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Have you asked Ms. Jansen whether or not she

revieHed the input of information by Mr. Remsberg?

No, sir.

Is there any reason why not?

No 1 sir,

Any other rules or guidelines that you contend

Mr. Remsberg violated?

Going through the list, I know where -- how and

where you met the individual. I think we

discussed that. Getting the personal and private

information directly from the potential airman.

Specifically, what rule or guideline did

Mr. Remsberg violate?

Again, it's laid out in the training, sir.

Which training rule should I look at?

The guidelines, sir. It would be -- as it

discusses, you must obtain the personal and

private information -- it may not be the exact

verbiage -- from the individual.

You contend that Mr. Remsberg violated that rule?

Yes, sir.

What's that contention based upon?

The information contained in the Air Guard


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investigation.

Q. When did you first receive the Air Guard

investigation?

A. I received that yesterday, sir.

Q. So that's your first knowledge of that claim. Is

that correct?

A. It's the first knowl@dge I had of reading the

documents. The first time I had seen all the

documents, sir.

Q. And it's Docupak's first time it's seen those

documents. Is that correct?


He --

THE DEPONENT: I read them last -- the first time I saw

all of those documents were last night, sir.

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Q.

A.

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So at the time that Docupak filed this answer and

counterclaim, which is Stewart Deposition Exhibit

No. 3, am I correct that Docupak had no knowledge

of any reason to claim that Mr. Remsberg violated

the guideline of getting personal and private

information directly from the individual?

I did not say that, sir.

So you did have knowledge of that at the time?

I read the information last night. As you are


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aware, I -- we were made aware -- it's not here,

but we were made aware that there was an ongoing--

that there was an investigation -- that the Air

Guard had launched an investigation. And it's in

the notes in the system. And we obviously -- we

were asked, in their words, to do our internal

investigation, to do an in~~iry. We did so. We

were also told that there were -- that an

individual had already spoken to a number -- I

think eight-- I'm not positive of individuals.

We obviously knew something was going on at the

time. But as far as me seeing those documents, I

saw them last night. And --

Q. So Docupak did not have that information at the

time it filed this answer and counterclaim. Is

that correct?

A. I don't know that I can truthfully -- I don't know

that I can answer that. I had not read anything,

so -- I think that is I'd have to ask. You

know, quite honestly, you know, this -- Bill

Stewart read those documents and saw all the

statements last night.

Q. So Docupak has no firsthand knowledge of the truth

or accuracy of the statements from the Air

National Guard, does it?


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A. When you mean "firsthand knowledge" --

Q. Yeah. So you -- like the report you read last

night, Docupak has not spoken to the individuals

listed in that report and has no firsthand

knowledge of the facts stated in that report?

A. I --

MR. BARKUS: Objection, no .. il. He doesn't have any idea

what I've been doing.

MR. HAMMER: I'm not asking about you.

MR. BARKUS: Well, you are, because I'm an agent of

Docupak.

MR. HAMMER: Maybe I need to take your deposition,

then.

MR. BARKUS: You might, but, you know --

MR. HAMMER: I thought you were the attorney for

Docupak, but --

MR. BARKUS: Well, aren't attorneys agents?

MR. HAMMER: Not for all purposes, no.

MR. BARKUS: Well, he doesn't know v1hat I've been

doing, so that's

MR. HAMMER: Okay. Well, so --

MR. BARKUS: -- I object to the question.

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noh1i thstanding I'm not asking you to tell

me 1·1hat Mr. Barkus is doing, because that would be


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attorney/client privilege -- unless you want to

waive that on behalf of Docupak.

MR. BARKUS: Yeah, right.

MR. HAMMER: But assuming that you don't want to vlaive

5 that on behalf of Docupak, --

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Q. ~~ am I correct that Docupak has no firsthand

knov1ledge of the information contained in the Air

National Guard report?

MR. BARKUS: Objection to the question.

THE DEPONENT: I don't believe I can answer that.

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Q.

A.

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A.

Q.

A.

You didn't interview those witnesses -- you just

saw a report, read it, and that's what you're

basing your testimony on today?

Partially, with --

With regard to getting personal and private

information directly from the person, you're

basing that statement on the report that you read

last night?

I'm trying to remember if that was one of the

three individuals that we spoke to.

Is that a finding of Docupak as a result of its

inquiry?

I'd have to look at that document again, sir. You


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know, obviously, it's not here.

Q. Uh-huh. Do you need a chance in a moment to go

out and get it and look at it?

MR. BARKUS: Yeah, we're not going to go out and get

documents.

MR. HAMMER: Well, it's Docupak's chance to answer the

question, So you can either say ''yes'' or ''no'' or

''I don't know'' and suffer whatever consequence

follows from that.

MR. BARKUS: Go ahead and ans1·1er the question, Bill.

THE DEPONENT: All right. What was the question again,

sir?

BY MR. HAMMER:

Q. Does Docupak have any knowledge about Mr. Remsberg

allegedly getting personal and private information

-- failing to get personal and private information

directly from recruits other than the report that

you read last night?

A. At this time, since I cannot recall, exactly, the

three individuals that we spoke to, I don't know

that I can honestly answer that question based on

the way it's presented to me.

Q. But as you sit here right now, you know of no

other source other than the report you read last

night?


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A.

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And the document that we did.

And the document you did.

It's -- it was in contained in the

investigation, in the document that we did -- are

the only two things that I know of that contain

that type of information. Yes, sir.

Any other guidelines or rules that Docupak

contends Mr. Remsberg violated?

I'm trying to recall the two, and then we'll

the two of the origin of the nomination?

That's right. And --

Getting the information from the individuals. Not

knowing the nomination [sic] -- nominee -- I'm

sor1:y; very

"Not knol'ling the nominee," \'/hat do you mean by

that?

As I recall, I think there's an individual that

stated at one time, based, you know, they didn't

know who Mr. Remsberg was.

So someone stated that at some point in the past,

and you believe that Mr. Remsberg did not kno\'1

that individual?

I think that's contained in the documents I read

last night, sir.

Is that the only source of that claim?


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Best of my knowledge right now; yes, sir.

So you've listed three guidelines or rules that

Docupak contends Mr. Remsberg violated. Are there

any others that you have not yet told me about?

I'm trying to recall. And I won't say

definitively that those are the only three.

Well, you know, category No. 2, on today's

deposition, was the plaintiff's compliance or non-

compliance with all rules of G-RAP program.

Uh-huh.

So I really need definitively, are there any

others?

Let me take a moment and think, sir.

Sure.

Okay. As I recall, to the best of my memory right

now, sir, I believe those are the three.

Let's move to the third category for your

testimony today. The category asked you to

testify regarding ''all damages allegedly suffered

by the defendant as a consequence of plaintiff's

non-compliance with all rules of the G-RAP

program." And that's on Ste\olart Deposition

Exhibit No. 1.

I'm trying to find it, sir.

That's okay. Take your time.


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A. Okay. Got it.

Q. And I was just reading to you paragraph No. 3.

A. Yes, sir.

Q. So can you tell me what damages Docupak suffered

as a result of the plaintiff allegedly violating

the guideline or rule regarding the origin of a

nomination?

A. Yes, sir. Don't quote exact numbers, but looking

at Mr. Remsberg's account, there were 38 of 56 of

the nominations that were very vague in ho11 they

[sic] met the individual. Many of those were

paid. We actually asked Mr. Remsberg to provide

additional information as to how he met these

individuals. The general response in the majority

of was "through a friend." When we asked him, his

response was -- and I'm paraphrasing because I

don't remember the exact -- is, I have a large

number of people, and I don't recall.'

And without providing -- and there's --you

know, that -- obviously, if you don't know the

origin of where this came from -- as far as

damages -- and this all -- going back, when I

looked at the information last night, and looked

at all of the information, I deemed that on or

about the lOth day of February of 2009 was the


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first contract that was paid. And the specific,

you know, violations, if you will, during that,

had I known everything contained, had I had that

document, that account would've been terminated on

that date.

Q. Had that what document?

A. Well, had I known, you know had we known the

information that was contained you know, that

eventually came out, based on the statements of

the airmen, had I known at that time, you know,

that this had occurred, looking back, there

would've been, you know, we would've terminated

the account. There were roughly $30,000 paid

after that date, and that money would not have

been paid.

Q. So you're assuming that the report you read last

night is truthful and accurate?

A. There are -- what I read last night, were there

were airmen who

Q. Let me just ask you to answer my question first,

I understand what you read last night. I'm asking

you, are you assuming that the information you

read is truthful and accurate, or do you have

personal knowledge that that information

A. I'm assuming it is accurate, sir.


77



1 Q. So, as you testify here today, you don't know

2 whether that information is accurate or not?

3 A. My knowledge is -- what I read last night was

4 there are statements from airmen -- sworn

5 statements from airmen, in detail, outlining their

6 involvement, or possibly lack thereof, with

7 Mr. Remsberg. They're sworn under oath. I have

8 no reason -- no understanding and no reason, and

9 can't come up with a motive, for why a young

10 airman would lie.

11 Q. All that said, okay, you have no personal basis to

12 know those statements are true or untrue?

13 MR. BARKUS: Objection. He just answered it. He has a

14 personal basis for it.

15 BY MR. HAMMER:

16 Q. You do have a personal basis for it?

17 MR. BARKUS: He just testified that he did.

18 MR. HAMMER: I didn't hear any personal basis other

19 than, I read a statement that was sworn.'

20 BY MR. HAMMER:

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So --

It's a sworn statement, sir.

So you've read Mr. Remsberg's sworn statement in

this case. Correct? You said you read his

deposition?


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Deposition. Yes, sir.

That 1·1as a sworn statement.

Yes, sir.

Any of that inaccurate? Do you have any personal

knowledge of any of that being inaccurate?

Personal knowledge or --

Yes. Personal knowledge. s1r.

Not personal knowledge, no.

So tell me what the damage is that Docupak

suffered as a result of Mr. Remsberg allegedly

violating the rule or guideline regarding origin

or nomination.

What are the exact -- you want me to break it out

at a dollar or

Yeah. What

I don't --

What dollar amount -- that's damage. Right. What

dollar amount did Docupak suffer?

It would've -- there were $30,000 in payments made

to Mr. Remsberg that otherwise would not have been

made.

H01v was Docupak harmed by that?

Meaning?

Yes. Is it out of Docupak's pocket?

It was at the time, sir.


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Q.

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And Docupak got reimbursed. Correct?

Correct, sir.

And Docupak also earned an administrative fee.

Correct?

Yes, sir.

And Docupak never returned that administrative

fee?

Correct, sir.

And so tell me the dollar amount that Docupak was

harmed.

It's still the $30,000, sir.

So even though Docupak has been reimbursed by the

Air National Guard for every penny of that

$30,000, you're claiming, on behalf of Docupak,

that Docupak has suffered a $30,000 loss?

No, sir.

Then what is the loss?

The loss -- monetarily, there would not have been

$30,000 paid.

Well, that's my question, sir. I'm asking you to

tell me what the damage was. What's the actual

damage to Docupak? Because we're going to go to

court in this case

Right.

-- and Docupak is going to testify -- someone --


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that they've suffered damage, and I'm entitled to

find out what that damage is --

MR. BARKUS: But he's testified to that, David. You're

badgering him.

MR. HAMMER: I haven't heard one word

MR. BARKUS: He just now said that it was $30,000.

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Q.

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So Docupak's claim is that despite being

reimbursed by the Air National Guard for every

penny of the $30,000, that Docupak is harmed by

the loss of $30,000. Is that your claim?

We're harmed by this, you know, the individual,

starting in February, participating in the program

for a period of time that, had we known

everything, would've been terminated. Yes, sir.

So 1·1hat are the damage amounts? What's the actual

dollar number you're going to ask the jury to

av1ard Docupak?

$30,000, sir.

And your basis for that $30,000 is what?

Is to repay the government, sir.

To repay the government?

Yes, sir.

And have you repaid the government the

administrative fee?


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No, sir.

Is there any reason why not?

No 1 sir.

Have you informed the government that you don't

think you should be entitled to the administrative

fee?

Not to my knowledge,

Have you informed the government that it's your

opinion that Mr. Remsberg violated some rule or

guideline, and that that money should be repaid to

the federal government?

The -- one more time on that, sir.

Have you informed any agent of the federal

government that Mr. Remsberg is or was, in your

opinion, paid improperly, and the payments to him

should be refunded to the federal government?

The Air National Guard is aware of the termination

of Mr. Remsberg.

I'm asking whether you, Docupak, has informed any

agent of the federal government that you believe

that Mr. Remsberg should repay that money.

No, sir.

Is there a reason why not?

No, sir; not yet.

And is it your contention that Docupak has


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suffered the harm, or is it simply your contention

that Mr. Remsberg should give the money back to

the federal government?

A. Monetarily, when you talk damages, the money

should be repaid to the government.

Q. So you would agree with me, it's not Docupak's

harm?

A. Monetarily?

Q. Yes, sir.

A. The fact that we processed and made payments to an

individual that we believed we should not have

now, we are har.med.

Q. And what is that harm?

A. Harm against us as a contractor.

Q. I'm asking dollars and cents, sir, because a jury

awards dollars and cents. So what is that harm?

A. It's the $30,000, sir.

Q. So Docupak intends -- is claiming that the $30,000

belongs to it or belongs to the federal

government?

A. The money should be returned to us, where we can

return it to the federal government.

Q. So you're not contending that it's Docupak's

money, then?

MR. BARKUS: Objection. He's answered this question at


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least twice.

MR. HAMMER: You can interfere with the deposition all

you want, but I want to be clear what the dollar

amount is that Docupak itself was harmed by.

MR. BARKUS: Testify to the dollar figure again, and

that's the last time he's going to do it.

BY MR. HAMMER:

Q. Not that the federal government was harmed by --

MR. BARKUS: Testify to how --

BY MR. HAMMER:

Q. -- but Docupak.

MR. BARKUS: much you think Docupak has been damaged.

THE DEPONENT: $30,000.

MR. HAMMER: Okay.

MR. BARKUS: That's it.

BY MR. HAMMER:

Q. And tell me what the harm to Docupak is by

Mr. Remsberg allegedly getting personal and

private info directly from -- or not getting

personal and private info directly from recruits.

A. Sir, they're all encompassed in that.

Q. So the three rules or guidelines that you gave to

me earlier, the $30,000 applies to all of those

guidelines? In other words, you can't break it

out and say, One of these caused the harm'?


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A.

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Not right now, sir; I could not.

Is there any document or any information you

intend to look at that would allow you to break

that out?

Probably if I reviewed -- you know, reviewed the

investigation, you could break it out line by

line.

But you haven't done that in preparation for

today?

Not in that --

Are there any other damages that Docupak is

claiming in this case as a result of

Mr. Remsberg's activities?

I'm not sure I can answer this. No, sir. No

damages per se.

So when we go in front of a jury in this case, it

will be Docupak's position that the jury should

av1ard Docupak $30,000. Is that correct?

Looking at the last paragraph -- and I'm just

going to read this.

You're on Stewart Deposition Exhibit No. 3?

Oh, yes, sir. "Docupak requests that the Court

enter a judgment against Remsberg for all legal

and equitable relief to which it is entitled to,

including, but not limited to, the amount of


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staged payments improperly paid to Remsberg,

interest and costs, and any other relief to which

the Court and jury determines Docupak is

entitled. " Not being a lawyer, I don' t know how

to profess that any clearer, so

Q. So I understand interest, and I understand costs.

Okay. But this sentence says, 11 Including, but not

limited to, the amount of staged payments.'' So

it's the-- I understand the ''including,'' now.

You've told me $30,000.

A. Yes, sir.

Q. What's the "not limited to" amount? What other

amounts is Docupak seeking?

A. I can't answer that, sir. I want to say the legal

fees, but I don't know that I can I don't know

if it's written in here that way, sir.

Q. So Docupak is unable to provide me any other

specific damages other than the $30,000. Is that

correct?

A. At this time; yes, sir.

MR. HAMMER: Okay. Let's take just a short break, and

then we'll --

THE DEPONENT: That will be fine, sir. Thank you.

(Off the record.)



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Q. Mr. Stewart, we've had a break. Are you ready to

continue?

A. Yes, sir.

Q. I want to ask you a little bit more about damages

here for a moment. Turning back to Stewart

Deposition Exhibit No. 2, you can see a category

called ''BMT Ship Date.'' Do you understand what

that category means?

A. Yes, sir; I do.

Q. And what does that mean to you?

A. The date they shipped.

Q. And under the contract, was it at that point in

time that the RA would be entitled to the second

of the two $1,000 payments? And let me just be

clear on the record, because I'm afraid that's

going to come out sounding like a $2,000 payment.

There are two $1,000 payments, and after the

airman shipped, would that be the point in time

that the airman [sic) is entitled to the second of

those $1,000 payments?

MR. BARKUS: Do you mean the recruiting assistant?

MR. HAMMER: The recruiting assistant. That's right.

THE DEPONENT: Yes, sir -- once verified. Yes, sir.


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BY MR. HAMMER:

Q. Once verified. Okay. Now, in this case,

Mr. Remsberg contends -- and I don't think Docupak

disputes -- that Mr. Remsberg did not receive all

of the payments -- all of those second $1,000

payments. Is that correct?

A. Correct, ~--·

Q. Now, did Docupak itself receive those $1,000

payments?

A. Oocupak received the total $2,000 upon the

contract.

Q. And what has Docupak done with the second $1,000?

A. For those that were -- in my words, not yours --

rejected,

Q. Yes, sir.

A. -- those monies were returned.

Q. They v1ere returned to the federal government?

A. Yes, sir.

Q. And when was that done?

A. I don't have the date on that, sir.

Q. Do you know the year?

A. I don't want to assume, sir. I'm trying to

remember when. I'll make the assumption, in 2010.

I don't have the exact date. And can I say, \·Ihen

I say "federal government," --


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Q.

A.

Q.

A.

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Uh-huh.

-- I think you did as well -- I mean the Air

National Guard contracting. Okay.

Thank you.

Yes, sir.

And that's fair. So it's your belief that

probably in around 2010 Docupak returned the

$1,000 payments or the $2,000 payments?

Returned the monies that had -- the second half,

if you will, for the ship payments that were

rejected, sir.

You did not return the payment that had been paid

to Mr. Remsberg. Is that correct?

Correct, sir.

And has the Air National Guard made any demand

upon you to return the first $1,000 payments that

were made to Mr. Remsberg to it?

No, sir. I think I answered it earlier, but I'll

-- again

I think you did.

-- no, sir.

And has the Air National Guard made any demand

upon you to repay the second of those payments?

Although I think you've repaid them already.

We have, sir.


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Q.

A,

Q.

A.

Q.

A,

Q.


Now, earlier, when you were discussing what rules

or guidelines Mr. Remsberg allegedly violated, you

said -- you spoke about getting personal and

private info -- that he failed to get personal and

private info directly from the recruit. Is that

fair?

Now, what personal information did you feel that

Mr. Remsberg should have obtained directly from

the recruit?

If I may, the name, the Social Security number

and again, this is coming off my memory -- the

name, the Social Security number; the address.

What I'm providing to you is all the information

that's required for a nomination, as best of my

knowledge. The -- I'm pretty sure the height and

weight was in there. Basically, the general

information required to submit the individual

input the individual as a nominee into our system.

Which parts of that information are parts of the

pre-qualifying information, and which parts are

the required parts?

I can't testify to the pre-qualifying information,

sir.

You just don't -- are not familiar with that part


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BY


of the process?

A. That's not part of our -- we don't have pre-

qual'ing information that's required to be input

in our system.

THE REPORTER: Wait a second. "Pre" what?

THE DEPONENT: Pre-qualifying.

THE REPORTER: Okay.

THE DEPONENT: I'm sorry.

MR. HAMMER:

Q.

A.

Do you have information that's required to be

obtained regardless of whether it's input into

your system -- for example, whether the person is

a felon or not?

No, sir. We don't require information for an

individual if they are a felon or not. That is a

general question that would be nice for an RA to

ask, just like it would be also a good bit of

information to visually see the individual if he

or she -- height, weight, those type of things.

Generally, you want to and I use this word not

in the training -- but size them up, you know.

But we don't require that -- to the best of my

knowledge, that they input whether or not they

have a felony. It could be asked by the RA, as a

way of general discussion, but it's not a


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requirement for input.

It would be important information to know as to

whether or not the applicant will ever be

successful in being accepted into the Air National

Guard, such as whether the person is a felon.

Correct?

Sure.

And so, really, at that point, an RA would

probably, more likely than not, just simply

terminate the recruitment process if he learned

early on that the person is, in fact, a felon?

I couldn't speak for the RA, but if I asked an

individual, Do you have a felon [sic]?' Yes,'

that might be the end of my recruiting process,

you know, just meeting someone; or someone --

generally, if you're -- they're in your sphere of

influence, you probably have a general knowledge

of who they are -- you could. So you may or may

not know that.

Now, turning to Stewart Deposition Exhibit No. 1,

category No. 4 asked you to testify about,

''defendant's inquiry into the plaintiff's

activities as a recruiting assistant.'' Have we

fully covered your testimony in that regard?

I believe we have, sir.


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Q.

A.

Q.

A.

Q.

A.

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A.

Q.

A.

Q.

A.

Q.

A.

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A.


You've described to me who did the telephoning,

the Word document that 1·1as generated, and the time

period that occurred. Is that correct?

Yes, sir; I think so.

And I think you testified that you yourself

revie~1ed that information?

Yes, sir. Last night, I did. Yeah.

At the time that the inquiry was done, who was the

supervisor reviewing that information?

At the time that our inquiry was done?

Yes, sir.

Where did that information come -- where was it

provided to?

Yeah, because I think-- and you tell me if I'm

wrong -- but you had identified a Mr. Vickery, I

think, was his name --

He was one of our account coordinators. Yes, sir.

who actually did -- made the telephone calls?

Yes, sir.

And he prepared the Word or WordPerfect document

that was produced in this case?

Correct 1 sir.

Now, did anyone above Mr. Vickery, besides

yourself, review his work product?

I am sure, but can't testify -- I'm sure Lauren


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Jansen saw it. Yes, sir.

Who made the decision to disconnect Mr. Remsberg

from the system?

I did, sir.

Did you do that by yourself or in consultation

with anyone else?

t.;o. Myself, sl.r.

Once that decision 1-1as made, was any other -- were

any other steps taken to complete Docupak's

inquiry?

Other than the -- no, not our inquiry. But, I

mean, we had we were requested, as you're aware

-- they sent us the information that, you know --

the Air Guard had asked us to do an inquiry. Once

we were done, I'm pretty sure we provided that

information to them.

So you know where Mr. Vickery is now?

No, sir. I don't want to -- he lives in

Birmingham. The last time I knew, he lives in the

Birmingham area.

Do you know who he is employed by nov1?

I do not, sir.

He's no longer employed by Docupak?

That is correct, sir.

When did he leave Docupak?


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A. Don't quote me on an exact day, sir. March of,

actually, this year, sir.

Q. March of 2012, roughly?

A. Yes, sir. Yes, sir.

Q. And when Mr. Vickery vias employed, was he a

supervisor or manager?

A. No 1 sir. He was an account coordinator, s1r.

Q. So you were the supervisor or manager over him?

A. Yeah. I head the department, sir, and then -- as

the deputy, Correct, sir.

THE REPORTER: "And then as a deputy"?

THE DEPONENT: And as the deputy vias -- I head the

department. Yes, sir.

BY MR. HAMMER:

Q. Do you know how to spell Mr. Vickery's last name?

A. I do, sir. V-I-C-K-E-R-Y.

Q. And his first name is Cury?

A. C-U-R-Y.

Q. Now, turning to category number 6 on Stev~art

Deposition Exhibit No. 1, do you have any facts

that support defendant's allegation that plaintiff

engaged in fraud, other than the report that you

read last night?

MR. BARKUS: Do you mean the report from the Air Guard?

MR. HAMMER: Yes, sir. Is there more than one report?


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I mean, I'm only av1are of one.

THE DEPONENT: No. It's the Air Guard report, and

I'll call that ''the report.'' And, obviously, our

report was what I read last night, sir.

5 BY MR. HAMMER:

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Q. And your report is the report that was produced to

us, Is that correct?

A. Yes, sir.

MR. BARKUS: You're making this a lot harder. Tell him

what report you're talking about that belongs --

that Docupak did. All right. Just, Bill, tell

him that. What report?

THE DEPONENT: The report that we provided was the Word

14 document we talked about that had the notes.

15 BY MR. HAMMER:

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Q.

A.

Q.

A.

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And that's the report that's been produced in this

case?

Yeah.

Right.

Yeah.

That's what I thought.

Sorry.

So other than that report and the report from the

Air National Guard that you reviewed last night,

do you have any other facts that bear upon


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question No. 6; in other 1·1ords, that support

defendant's allegation that plaintiff engaged in

fraud?

A. Not to my knowledge, sir.

Q. And the last part of No. 6 asked you when those

facts became known to you. I think you've already

described for me the report that ~-1r. Vickery

prepared. The report from the Air National Guard;

when did you first receive that report? And I'm

talking about Docupak.

A. I read it last night, sir.

Q. Turning to Stewart Deposition Exhibit No. 3 --

A. Uh-huh.

Q. -- paragraph, you kn0\·1, there's multiple sets of

numbers --page 8. Start at page 8.

MR. BARKUS: These are not numbered pages, I guess,

MR. HAMMER: Oh, yes.

THE DEPONENT: Oh, wait a minute,

MR. HAMMER: Oh, 1·1ai t a minute. vlai t a minute.

THE DEPONENT: 6?

MR. HAMMER: You're right. You're right. Yeah, you're

right.

BY MR. HAMMER:

Q. 6 of 8 --document 8, 6 of 8. Thank you. Yeah.

A. Right here?


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Q. We're on the same page.

A. Got it, sir.

Q. Paragraph No. 10 reads, ''Remsberg was barred from

his G-RAP online account in August 2009 pending

investigation, and was finally disqualified from

the G-RAP program in October of 2009.'' My

question to you is, what happened bet\·Jeen Jl ... ugust

17th, 2009, when he was disconnected from the

computer, and October of 2009, in terms of the

inquiry and investigation?

A. Sir, he was, what I will use the word, terminated

from the program in August of 2009. I think what

the -- finally disqualified when this was written

is just referencing the note.

Q. The note?

A. Yes, sir.

Q. But the fact of the matter is that he was

terminated in August of 2009?

A. Yes, sir.

MR. HAMMER: I believe that's all the questions I have

for you. Docupak's counsel may or may not have

some questions for you.

MR. BARKUS: I do.


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Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

A.

Q.

See if you can find Stewart Deposition Exhibit No.

4. Got it?

Yes, sir.

Now, I believe you said that this document is --

or this exhibit is made up of documents that were

created at different times and by different

parties. Is that a fair statement?

Correct, sir.

Could you look at the page that is numbered

Remsberg 67, which is about halfway into the

document. Do you have it?

Yes, sir.

In the left-hand column, there is a section that's

entitled ''What Are the Responsibilities of the

Recruiting Assistant?'' See that?

Yes, sir.

And the first one is, ''The responsibilities of a

RA are: To identify individuals within their

sphere of influence as potential airmen or

officers.'' You'll agree, that was one of the

responsibilities of a recruiting assistant?

I do, sir.

And when you -- how about turning over to page No.


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100 William Allan Stewart

Remsberg 71. This is a page that -- where there's

a paragraph that's entitled "Hovl Does G-RAP Work?"

Do you see that?

A. Yes, sir.

Q. It says, "Once a potential airman/ officer is

identified and pre-qualified, the RA will

facilitate a meeting engagement with their local

ANG recruiter." Do you see that?

A. Yes 1 sir.

Q. Now, was it a rule of the program that the

recruiting assistant had to first locate the

potential airman; that is, be the source of that

potential airman?

A. Yes, sir,

Q. And once the recruiting assistant did that -- that

is located -- generated the lead and pre-qualified

that person, would the recruiting assistant then

contact the recruiter?

MR. HAMMER: Let me object because this witness said he

had no knowledge of pre-qualification.

MR. BARKUS: Okay.

BY MR. BARKUS:

Q. Go ahead and answer the question.

A. Once an RA identifies an individual that he or she

believes could be a good candidate as a potential



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airman to serve in the Air National Guard, put the

-- puts the information into our system into

the system, at that time, the next step would be

for the RA to assimilate and facilitate a meeting

with the recruiter.

Q. So was it appropriate under the program for the

recruiting assistant to first get knowledge or

introduction to the recruit from the Air Guard

recruiter?

A. No, sir.

Q. Nov/, when you did your inquiry that we've

discussed, and Mr. Vickery wrote out this Word

document, when you reviewed that, did you conclude

that Mr. Remsberg had received first contact with

any of these recruits from the recruiter himself?

A. Yes, sir.

MR. HAMMER: Objection, leading.

BY MR. BARKUS:

Q, Did that have anything to do with your decision to

terminate Mr. Remsberg from the program?

A. Yes, sir.

Q. And how did that influence your decision?

A. That's in -- that's the violation of the intent of

our program, the guidelines of you go out within

the sphere of influence -- within your sphere; you



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identify the individual. You do that as and

you make that determination that this is an

individual that you talked, as an RA, about your

experiences. You cultivate I'll use the word

lead -- you cultivate the individual. And at that

time, once you've raised that interest, at that

time, then you contact that xecruiter.

Q. So you mentioned that you thought one of the

things that -- one of the rules that Mr. Remsberg

had violated was failing to get personal

information from the individual recruits?

A. Correct, sir.

Q. When you reviewed Mr. Remsberg's notes, had he

inputted personal information into the system for

these recruits?

A. He had, sir.

Q. So how did he violate that rule?

A. It depends on when he actually input the

information. Based on his notes and looking at

the statements that I looked at at the Air Guard,

the Air Guard investigation, direct conflict.

Q. Would it have been appropriate for Mr. Remsberg to

have input personal information into the Docupak

system concerning recruits that he had first been

introduced to or referred to by the Air Guard



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A.

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A.

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recruiter?

It would've been inappropriate, sir.

Inappropriate?

Yes, sir.

Mr. Hammer asked you questions about the National

Guard report, and I want to be clear on the

record. What did that report include? What kind

of documentation?

Do you mean the --

What you reviewed last night, what did that

The Air National Guard report, okay; the

investigation. Sorry. Because I thought you

meant the --

The term that was used here was report, and I --

that's the reason I want to clarify this. What

did that contain?

That contained statements from potential airmen,

airmen as to the activities that they had during--

throughout their recruitment process -- sworn

statements -- that included the notes that were

and documentation within Mr. Remsberg's Air Guard

RA account.

It included notes that Mr. Remsberg had made in

the Docupak account?

That is correct, sir.



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Q. What else?

A. It actually included some of our notes. Also,

looking at -- thinking of that, it included e-mail

-- e-mails that had been sent to and from

Lieutenant Colonel Shepard, who I think was part

of the Air National Guard investigation. It

included -- and this was included == a list of

it included our, you know, the documents that we

provided the Air National Guard, as well.

Q. I'm going to make this Stewart Deposition Exhibit

No. 8 [sic] --

MR. HAMMER: Number 1·1hat?

THE REPORTER: Stewart Deposition Exhibit No. 9.

MR. BARKUS: Ste1·1art Deposition Exhibit No. 9.

15 BY MR. BARKUS:

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Q.

A.

Mr. Stev1art, I've now handed you a document that

we've marked as Stewart Deposition Exhibit No. 9.

Can you tell us what this is?


Yes, sir·. That is the independent contractor

agreement that --

(Whereupon, the agreement was



identification.)



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105


Between \'/hom?

Between the recruiting assistant and Docupak.

And \'/hen does the recruiting assistant or

potential recruiting assistant first see this?

Once he or she submits their information their

application is the word we use -- online to

become, you know, for consideration as a

recruiting assistant, the next thing that comes up

on the screen will be this independent

contractor's agreement.

I see at the bottom there is a button, for lack of

a better word, that says, ''I disagree'' and one

that says "I agree.'' What happens \'lith respect to

those tHo buttons?

If you agree, you continue on in the application

process. You're then -- once approved, you're led

to -- you're allowed to complete the online

training and move forward in your attempts to

become an RA -- a recruiting assistant.

What if a recruiting assistant clicks ''I

disagree 11 ?

The process stops.

So is it possible for a person to continue in the

program and be qualified as a recruiting assistant

if he disagrees with the statement that he is an



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independent contractor?

A. No, sir; it is not possible.

MR. BARKUS: I don't have any other questions.

R E D I R E C T E X A M I N A T I 0 N

BY MR. HAMMER:

Q. Continuing with this same exhibit, Stewart

Deposition Exhibit No. 9. You have a computer

system?

A. Sir?

Q. Do you have a computer system that this resided

upon?

A. Yes, sir. It --

Q. And that computer system maintains an audit trail

of changes and modifications that are done to the

system?

A. Yes, sir. Yeah. I --

Q. Have you gone back to see whether or not this

particular document was in the path of documents

that Mr. Remsberg had to click on when he went

through the system?

A. No, sir. I haven't gone back through the path.

No, sir.

Q. So you don't know whether this agreement was in

the path when Mr. Remsberg signed on, or whether

this was added later, after Mr. Remsberg signed



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on, do you?

The independent contractor agreement has always

been part of the application process, sir.

Have you verified that fact? Do you have personal

knowledge of that?

I do, sir.

How do you have that personal kno\·:ledge?

I helped create and establish the program, sir.

And so it's your testimony that you know, because

you v1ere personally involved that this, from the

outset, \•las part of the path for becoming a RA?

The independent contractor agreement was part of

the path to become an RA, sir.

And do you have the audit trail that shows

Mr. Remsberg clicking "I agree" upon this

document?

I don't know if I have that readily available to

me, sir, because the site itself is down. You

know, it's obviously not up and running because

the program has since ended. But I can testify

that had he not agreed to this, the program would

not have allowed him to continue on.

Did Docupak explain what the term "independent

contractor" means --

Yes, sir.



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108


Q. to Mr. Remsberg?

A. It was in the training, sir.

Q. Who gave you the Air National Guard report?

A. Oh, the report -- the investigation, sir?

Q. Yes; the one that you were testifying about.

A. Mr. Neal [sic] did.

t·1r. Barkus did?

A. Yes, sir.

Q. And when did he give that to you?

A. I received that last night, sir.

Q. Did Mr. Barkus give you any information or

documents regarding the outcome of that Air

National Guard investigation?

MR. BARKUS: Objection. That's privileged information,

isn't it?

MR. HAMMER: I think -- with what he just testified to,

no, I don't think it is. I'm asking

MR. BARKUS: Well, let's

MR. HAMMER: -- v1hat was given -- what you gave to him.

MR. BARKUS: Well, if I gave him information I don't

have a problem with him testifying if I gave him

documents. I think that's fair, but I don't

Hant --

MR. HAMMER: That's what I'm asking.

MR. BARKUS: Well, no; you asked more than that. I



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don't want -- I'm objecting to him testifying to

what I told him.

MR. HAMMER: Oh, I'm not asking that. I'm asking what

you gave him.

MR. BARKUS: Okay. All right.

6 BY MR. HAMMER:

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Q.

A.

Q.

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A.

Did he give you any documents that revealod to you

the outcome of the Air National Guard

investigation?

When you mean 11 outcome,"

Whether there was any prosecution or whether the

investigation was found to have merit.

I think we discussed-- and I'm just trying to

visualize all the documents, I believe there was

a -- well, matter of fact, I know because I read

the -- this is not going to answer the question

the >ray you want it. The reason I'm recalling, in

reading all the documents last night, including

Mr. Remsberg's deposition, there was a letter of

reprimand, if you will, sir, to the recruiter. I

think last name of Miller.

Did you receive any documents as to what indicated

to that reprimand?

I don't recall that, sir. I'm not saying it

didn't, but that's --



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MR. BARKUS: I'm sorry. What was the-- I didn't --

MR. HAMMER: Did he receive any documents indicating

1·1hat became of that reprimand.

MR. BARKUS: Meaning consequences following that, or

the actual physical document?

MR. HAMMER: Whether the reprimand even was still in

force or had been withdrawn.

THE DEPONENT: I recall -- in Mr. Remsberg's

deposition, I believe, that -- I recall the word

''shredded.'' So I think that's of my memory, I

think that that's -- I don't know I 1-1as not

12 made personally aware.

13 BY MR. HAMMER:

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Q.

A.

Q.

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Did he give you any documents from the Assistant

U.S. Attorney regarding their conclusions as to

the investigation, whether any prosecution would

follow?

Sir, I don't recall.

Do you know what became of the Air National Guard

investigation, whether any action was actually

taken?

To the best of my knowledge, I saw the

investigation for the first time last night, read

through the deposition. I don't have any

knowledge whether or not anything was really done,


110


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sir.

Now, you testified in response to Mr. Barkus'

questions that it was in violation of the intent

of the program for an RA to receive information

from an Air National Guard recruiter.

Uh-huh.

Is there a specific rule that prohibits receiving

information from an Air National Guard recruiter?

In the training, it outlines, within your sphere

of influence, to go meet the individual; obviously

their word pre-qual; get the individual

interested; nominate them, you know, in the

system; and take them to the recruiter, sir.

So is there any specific prohibition on obtaining

that information from an Air National Guard

recruiter?

Prohibition?

Yes. Do you say, Your sphere of influence does

not include an Air National Guard recruiter'?

It doesn't lay out that it is not, sir; but I will

testify to the fact that, as a recruiter, if you--

the intent of this program, the purpose for this

program, was, again, I'll state, for an individual

out in the community, within his sphere of

influence, to identify individuals and bring them


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to the recruiter. The intent of this program --

it was also -- excuse me it was also the intent

to not increase the cost of recruiting.

If an individual shows up at a recruiting

office, or a recruiter has a list of individuals

that he or she may want to contact, i.e., an ASVAB

testing list, or an individual calls a recruiting

office looking for a recruiter, this program is

not designed for that recruiter to pass that

information off to a recruiting assistant in any

part of the program.

Q. You ~1ould agree with me that no part of the

program says that's prohibited, though?

A. That they -- it says that they are not to receive

leads directly from a recruiter?

(No response. )

I don't recall if it says it exactly like

that, sir.

Q. That's your interpretation of the intent of the

Air National Guard contract?

A. As an individual who was there from the ground

floor, when the contract was based, that is

exactly --

Q. Do you have any information that Mr. Remsberg

received any recruit information from Jeremy


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Miller?

Contained in the information and the Air Guard

report, where phone numbers were given, based on

the statements, they were called by Mr. Remsberg.

I remember statements -- I recall statements from

airmen stating that they didn't give the

information to Mr. Remsberg. He obviously got

or, after the enlistment process, Mr. Remsberg was

introduced to them.

And so you're testifying based upon your having

read the report that Mr. Barkus gave you last

night for the first time?

Coupled with our

The three people you

Yes, sir.

-- identified in yours? Okay. Now, how does

personal information about an applicant get into

Docupak's computer system?

The recruiting assistant enters that information.

So it's your testimony that the recruiting

assistant puts in the person's name, Social

Security number; and you v10uld disagree if someone

testified that the source of that information is

not from the recruiting assistant?

I don't understand what you mean.



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BY MR. HAMMER:

Q. Let me try again. So you would disagree -- you

would say -- if someone testified that personal

information about a recruit, such as their name,

address and Social Security number gets into

Docupak's system from Docupak's recruiting

assistant, you would say that -- I just lost track

of my own question. Let me try again.

If someone testified that the name, address,

Social Security number fields in Docupak's

computer system were filled by the recruiting

assistant, you would say that's correct?

A. On the nomination process -- yes, sir -- because

they are required to log in and, you know, it's

not a -- they have a log-in, a password that they

have to log into the system. Yes, sir.

Q. So you "'ould disagree if someone said that

information came from a different source other

than the recruiting assistant?

A. I don't know if I can -- I don't understand your

question, sir.

Q. Or if data was -- the fields in your computer were

filled by some source other than the recruiting

assistant?




1 A. The normal practice would be the individual logs

2 in and puts it in. If someone else logged into

3 his account, his --Mr. Remsberg-- in Remsberg's

4 account, utilizing his personal information to

5 access the account, and we know -- and we knew

6 that, then, you know, that's not within the

7 guidelines of the progra~.

8 Q. So you would -- your testimony is that information

9 does not come from the Air National Guard?

10 MR. BARKUS: Objection to the form of the question.

11 BY MR. HAMMER:

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The name, Social Security number and address of

the person does not come from the Air National

Guard?

It should not come from the Air National Guard,

sir. It needs to be from, you know, the

individual needs to have that. If it's provided

by someone to the individual and to the RA, that's

not good.

Now, 1-li th regard to the notes that the RA enters

into the system, are you able to ascertain the

date of entry of those notes?

To the best of my knowledge, sir.

The system tracks the date of entry?

Yes, sir; to the best of my knowledge.



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And does the system, likewise, track access to

those fields by the -- someone in -- I've forgot

her name -- Lauren Jansen's position? In other

words, can I see --

Okay.

-- if Lauren Jansen accessed David Remsberg's

information?

Are you asking me if you can see if he -- if she

logged in as David Remsberg?

No. I'm asking you--

Oh.

-- if you can see whether or not she looked at,

drilled into the data that David Remsberg had

entered.

Not necessarily, sir.

Your computer doesn't track that type of access by

the coordinators?

It would have to be -- you're talking about if

they -- let me paraphrase. If they logged in,

pushed a button, to see the information --

Yes.

-- no, sir, I don't think it tracks that. If

they --

It doesn't keep a record --

entered



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Q. -- it doesn't keep a record of use?

A. Not to my knowledge, sir.

Q. So you don't have any data which would indicate

when Lauren Jansen accessed information that David

Remsberg inputted into Docupak's system?

A. If you're asking do I have information of when she

logged into our system to view David Remsberg's

account --

Q. That's --

A. Is that a better way?

Q. Yes.

A. I don't think we have that, sir.

Q. Okay. That's all the questions I have for you.

MR. BARKUS: That's all that I have.

MR. HAMMER: Okay. You have the right, on behalf of

Docupak, I suppose, to read and sign the

deposition. If there are errors or changes that

need to be made, the court reporter will provide

what's called an errata sheet, and you indicate

the line and page number of the change and the

reason for the change, and make those changes, and

provide them back --

MR. BARKUS: We'll read and sign.

(Whereupon, the deposition of WILLIAM ALLAN STEWART was

concluded at 12:00 p.m.)



(


C A P T I 0 N

The deposition of WILLIAM ALLAN STEWART, taken in the

matter, on the date, and at the time and place set out on

the title page hereof.

It is requested that the deposition be taken by the

reporter and that same be reduced to typewritten form.

It was agreed by and between counsel and the parties

that the witness will read and sign the transcript of said

deposition.



(


C E R T I F I C A T E

STATE OF WEST VIRGINIA:

COUNTY OF BERKELEY:

Before me, this day, personally appeared WILLIAM ALLAN

STEWART, who, being duly sworn, deposes and says that the

foregoing transcript of the deposition, taken in the matter,

on the date, and at the time and place set out in the title

page hereof, constitutes a true and accurate transcription

of said deposition.


SUBSCRIBED and SWORN to before me this day of

, 2012, in the jurisdiction aforesaid.

My Commission Expires:

Notary Public


119


(

120


E R R A T A S H E E T

Re: Remsberg v. Docupak

United States District Court

Northern District of West Virginia, at Martinsburg

Civil Action No.: 3:12-CV-41

Deponent: WILLIAM ALLAN STEWART

To the Reporter:

I have read the entire transcript of my deposition taken on

the 7th day of November, 2012, or the same has been read to

me. I request that the follol'ling changes be entered upon

the record for the reasons indicated. I have signed my name

to the signature page and authorize you to attach the same

to the original transcript.

Page

Date:

I

Line Correction or change and reason therefore

Signature:

I




121


C E R T I F I C A T E

STATE OF WEST VIRGINIA

COUNTY OF BERKELEY, to-wit:

I, Gerry Sims, Notary Public for the State of West

Virginia, do hereby certify that the foregoing was reported

by stenomask dictation and electronic means, which matter

was held on the date, and at the time and place set out on

the title page hereof, and that the foregoing constitutes a

true and accurate transcript of same.

I further certify that I am not related to any of the

parties, nor am I an employee of or related to any of the

attorneys representing the parties, and I have no financial

interest in the outcome of this matter.

GIVEN under my hand and seal this ~ayof No~ 2012.

My Commission Expires:

September 27, 2019

\


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database 40: I2 date 17:6 18:7,15

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10:10 48:5 50:14 54:7 81:3 116:6,9 116:13 117:4,7

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Seventy 30: I 0 15:6,9,18,20 80:2,5,8, 11,16,20 Shaffer 52:23 16:12,22,23 17:1 81:15,19,21,23 shared 5:4 17:16,2418:3,16 82:1,3,7,12,22,24 sheet 14:4 42:7 18:21,24 19:3,8 83:9,15,17 84:21

117:19 19: I 0, 12,17,19,24 85:1,14,22 86:11 Shepard 104:5 20:2,5,8,11,14,17 86:14,16,20,23 Shew63:9 20:25 21:4,9,12 87:4, I 0,24,24 ship 22:23 52:18 21:15,17 22:18 88:7,15,18,20,22

53:2,3 87:8 89:10 23:3,11,14,23,25 89:5,11,14,18,21 shipment 49:24 24:2,4,7 25:2,5,9 89:25 90:7,24

53:11,13 25:18,22 26:9,17 91:14 92:7,25 shipped 87:12,19 26:18,22,25 27:7 93:4,7,11,17,19 shipping 54:H,9,l0 27:11,20 28:2,5 93:22 94:i,4,7,i8 shirt34:10 28:20 29:15 30:13 94:22,24 95:1,2,4 short 86:21 30:20 31:2,7,13 95:4,7,7,9,10,13 shorten 36:18 31:16,19,21,25 95:16,25 96:4,8 show 7:23 32:4,8,21,25 97:4,11 98:2,11 shown 25:10,15 33:22 34:7,12,14 98:16,19 99:5,10 shows 107:14 112:4 34:21 35:11,16 99:14,18,24 100:4 shredded 110: 10 36:2,4,6,8,24,25 100:9,14 101:10 sic 20:20 34:23 37:13,21 38:12,19 101:16,21102:12

40:23 52:10 56:22 39:16,20 40:24 102:16 103:2,4,25 74:13 76:11 87:20 41:3,12 43:3,4,18 104:20 106:2,9,12 92:13 104:11 44:7,10,13 45:17 106:16,21,22 108:6 45:19,23 46:5,14 107:3,6,8,13,18

side 42:13 45:7 46:16,17 47:7,9 107:25 108:2,4,8 51:1266:12 47:23 48:16 49:17 108:10 109:20,24

sign3:4 33:4 49:24 51:14,14,18 110:18111:1,13 117:16,23 118:8 51:23 52:3,6 111:20112:18

signature 120:12 53:24 54:9,19 113:15114:14,17 120:23 55:20,24 56:12,17 114:22 115:16,23

signed 106:24,25 58:11,15 59:19,22 115:25 116:15,22 120: II 60:11,13,25 61:11 117:2,12

similarly 60:5 61:18 62:12,13,14 sit 73:23 simply 32:23 57:25 62:16,23 63:1,5 site 39:25 40:1,2

83:1 92:9 63:10,14 64:9,13 66:12 107:18 Sims 121:4,21 64:25 65:1166:15 sitting 14:3 15:15 single 66:21,22,24 66:19 67:3,7,11 six21:20,23 23:16

67:13 67:17 68:1,5,7,16 size 91:21 sir4:7,19,21 5:3,22 68:18,23 69:4,9 sldlls 59:1,15

6:6,9,18,21 7:7,19 69:15,23 72:25 sldmmed 8: 11 7:25 8:14,22 9:7 73:12 74:6,24 Social45:3,4 46:23 9: I 0, 14,19,22,24 75:1,13,16,24 46:25 51:17,23 12:1,5,7,11,20,23 76:3,8 77:25 62:15 90:11,13 13:4,17,25 14:2 78:22 79:1,3,7,25 113:21 114:6,11


13

115:12 sorry 11:1914:12

16:1217:1618:10 18:18 19:4 32:10 48:16 51:7 53:22 60:23 63:14 74:14 91:8 96:22 103:12 II 0:1

sort 30:24 55:6 sounding 87:17 source 73:24 7 4:25

100:12113:23 114:19,24

speak92:12 specific 36:17 40:23

64:22,25 65:6 77:186:18111:7 111:14

specifically 7:4 8:15 12:21 13:5 25:24 29:11 38:24 65:14 68:14

specifics 66:8 specify 19:22 51:8

65:18 spell32:2195:15 sphere 39:6 56:23

57:3,11,12,15,21 58:5,9,14 92:16 99:21 101 :25,25 Ill :9,18,24

spoke 15:10 72:22 73:20 90:3

spoken 14:9 70:9 71:3

sponsor35:7 staffl3:1 staged 86:1,8 stamped 60:7 standard 50:20,23 start 5:20 26:1 31 :8

97:15 started 11:25 13:14 starting 29:10

81:13


,' .trts 34:18,19

state 4:9 111:23 119:2 121:2,4

stated 7:7 26:10,12 71:5 74:18,20

statement 26:23 55:21,23 56:9 72:19 78:19,22,23 79:2 99:9 105:25

statements 19:18 19:19,25 20:2,23 21:3 27:1 70:22 70:24 77:9 78:4,5 78:12 102:20 103:17,20 113:4,5 113:5

States 1:1 120:3 statingl7:17113:6 status 18:7,21 40:6 stenomask 121:6 step 5:20 101:3 steps 94:9

( eptoe 1:11,22 .:>tewart I: I 0 2:3

4:2,6,10,116:10 6:23 12:12 14:14 14:22 17:9,21 18:13 25:11,11 28:6,13,14,25 47:24 49:6 50:9 50:10,11,17 53:20 53:21 54:20 55:9 63:6,15 64:8,19 69:18 70:21 75:22 85:21 87:2,6 92:20 95:19 97:12 99:3 104:10,13,14 104:16,17,23 106:6 117:24 118:2 119:5,13 120:6,25

stipulated 3:2 STIPULATIONS

3:1 <'lp 5:6,7 15:2

I


stops 105:22 43:25 44:6,15,19 46:10 47:19 61:13 Street 1:19 44:23 46:11,24 63:8,19 64:10 strike 57:8 47:4 49:4 51:6,9 66:19,21 71:24 style 6:11 51:12 61:21 62:3 76:4 79:9 80:9,21 submit 90:18 62:6,1170:5 84:17 93:14 96:9 submits 105:5 90:19 91:4,12 96:11104:18 submitted 61 :25 94:3 101:2,3 ten 11:2 SUBSCRIBED 102:14,24 106:8 term 103:14 107:23

119:19 106:10,13,15,20 terminate 92:10 success 60:4 111:13113:18 101:20 successful33 :3,5 114:7,12,17 ' terminated 18:6,12

52:10,12,16 92:4 115:21,24 116:1 18:19 77:4,12 suffer73:g 79:18 117:5,7 81:15 98:11,18 suffered 75:19 76:4 systems 4:15 40:9 terminating 18:14

79:10 80:15 81:1 '~ terminationl8:21 83: I ~"

T 82:17 sufficient 45:21 T2:13 4:4,4 99:1 terminology 41:11

47:6,20 66:14 106:4,4118:1 terms 52:23,25 Suite1:12 119:1,1120:1,1 64:22 98:9 supet-vise 40:25 121:1,1 testified 4:3 25:20

41:20,21 take 5:20 11:13 78:17 81:3 93:5 supet-vised 42:14 14:25 35:13 36:14 108:16 111:2

43:9,12,20 46:5 55:21,22 113:23 114:4,10 supet-vising 42:3,12 71:12 75:13,25 testify6:4 7:5 12:14 supervisor 93:9 86:21 111:13 59:15 75:19 78:1

95:6,8 taken I: 10 94:9 80:25 84:5,9 support 67:12 110:21 118:2,5 90:23 92:21 93:25

95:21 97:1 119:6 120:8 1 07:20 111 :21 suppose 117: 16 talk 59:13 62:7 testifying 23:4 sure 9:11 11:16 65:1 83:4 42:16 108:5,21

14:25 24:17 26:5 talked 96:14 102:3 109:1113:10 29:8 30:22 34:12 talking 19:23 35:20 testimony 10:6,7 44:2,3 48:7,18 47:14,15 96:10 21:24 48:8,9 50:5 55:6 57:7 97:10116:18 72:15 75:18 92:24 62:15 63:2 75:14 talks29:14 30:24 107:9 113:20 85:14 90:16 92:7 35:6,11 115:8 93:25,25 94:15 technically 4:25 testing 112:7

surprises II: I 0 telephone 26:20 text6:14 swom4:2 78:4,7,19 44:11 93:18 Thank24:18 35:21

78:22,23 79:2 telephoned 14:17 35:23 52:1 55:3 103:19 119:5,19 telephoning 93: I 86:23 89:4 97:24

system 18:6,11,14 te115:7,10 7:5 12:21 thereof78:6 18:19 19:7 20:10 29:21 32:9 34:16 thing 36:12 66:21 22:12 28:4 36:7 36:15,22 37:19 105:8 40:13 42:13 43:2 38:8,24 45:20 things 42:6 45:24


14

61:18 74:5 91:19 102:9

think 11:2 12:5 14:4 18:12,16,22 21:19,21 23:23 25:13 26:17 27:4 27:4 36:2,10 38:18 39:5 42:9 48:11 50:12 54:8 55:23 56:5,5 61:2 66:1,7 67:22 68:11 70:10,19 74:17,23 75:13 82:5 84:12 88:3 89:2,18,20,24 93:4,5,14,16 97:6 98:12 104:5 I 08:16,17,22 109:13,21 110:10 110:11 116:22 117:12

thinking 104:3 thinl26: 17 27:2

58:21 75:17 thought 57:13

71:15 96:21 102:8 I 03:12

thousand 23:24 three 14:6,8,17,20

15:14,17 16:10 17:3 20:24 24:8 25:3,23 26:3,4 27:11 72:22 73:20 75:2,6,16 84:22 113:14

three-dimensional 57:2,6

time4:22 5:5 14:6 14:25 16:5 17:6 19:13 20:16 31:6 32:5 42:7 43:24 46:16,16 48:23 49:23 50:24 60:16 66:22 69:8, I 0,14 69:17,24 70:12,15


13:19 74:18 75:25 77:10 79:25 81:14 82:12 84:6 86:20 87:14,19 93:2,8 93:10 94:19 101:3 102:6,7110:23 113:12118:3 119:7121:7

times 99:8 title 118:4119:7

121:8 today 5:8 6:16 7:6

10:6 12:14,19 15:15 28:18 38:11 72:15 75:18 78:1 85:9

today's 75:7 told20:15 70:8

75:4 86: I 0 I 09:2 top 17:1123:12

37:5 60:8 63:14 63:19

( pic 6:20 12:19,22 .opics 21:22 tota124:2,3 88: I 0 to-wit 121 :3 track39:22 114:8

116:1,16 tracked 39:23,24 tracks 115:24

116:22 trai1106:13 107:14 train 63:2 trained 54:14 61:9 training 30:18,19

32:15 33:18 38:3 38:9,11,15,19 52:24,25 53:3 54:13,16,17 56:8 56:11,15 57:9 58:7,20,25 59:18 59:21,24 60:2 62:17 65:11 68:16 68:17 91:21 105:18 108:2

I


Ill :9 9:1 16:12 19:21 56:21 61 :I 65:20 transcript 3:4 22:20 23:2,4 68:21

118:8 119:6 120:8 24:17 27:25 28:3 verified 51:4,23 120:13121:9 44:1,2 45:14 48:4 87:24 88:2 107:4

transcription 119:8 48:24 77:21 86:6 verify 47:16 true 34:8 59:20 86:6,9 87:8 verifying 46:22

60:2 78:12 119:8 113:25 114:21 Vickery 19:13 20:4 121:9 understanding 20:4,23 93:15,23

truth 70:23 17:1918:2,4,5 94:17 95:5 97:7 truthful77: 17,23 19:2 48:12 78:8 101:12 truthfully 6:19 Understood 5:22 Vickery's 95:15

8:1070:17 11:1419:24 view 117:7 try5:18114:3,9 unit40:i5 41:8 vioiate64:24 68:15 trying 8:9 14:3 52:20 59:2,9 102:17

24:15 26:7,12,17 United 1:1 120:3 violated 28:3 65:3 41:9 42:8 72:21 unlimited 55:19 68:9,22 69:20 74:9 75:5,24 56:10 74:8 75:3 82:9 88:22 109:13 unqualified 53:11 90:2 102:10

turn5:1716:7 untrue78:12 violating 76:5 17:1134:16 54:20 un-qualify 53:12 79:11 55:17 60:7 53:15 violation 10 I :23

turning 36:20 updates 40:7 Ill :3 58:19 87:6 92:20 uploaded40:15 violations 77:2 95:19 97:12 99:25 use 5:6 16:20,20 Virginia 1:1,13,19

twice 84:1 19:4 35:7 41:11 1:23 12:18 119:2 two 23:21,22 25:14 44:9 49:11 56:12 120:4 121:2,5

40:9 57:6 74:5,9 56:12,21,22 57:2 visualize I 09:14 74:10 87:15,18 59:10 61:1,3 visually 91 : 18 105:14 91:20 98:11102:4 V-1-C:-I(-JL-Ft-1t

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109:1,17 112:6 wanted 21:25 26:5

49:22 50:25 wasn't 11:12 20:18 way 8:2 22:18

33:18 42:4 58:3 58:21 73:22 86:16 91:25 109:17 117:10

website29:12 30:13 30:14,16 31:5 38:2

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weren't 11:13 58:1 West 1:1,13,19,19

1:2312:18119:2 120:4 121:2,4

we'll5:20 9:25 10:1 74:9 86:22 117:23

we're5:111:8 32:9 37:15 54:5 59:12 73:4 80:22 81:12 98:1

we've7:8 29:17 51:15 87:2101:11 104:17

whichever 59: I 0 wife26:15 wiggles 5:25 William 1: I 0 2:3

4:2,10 117:24 118:2119:4,13 120:6,25

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withdrawn 110:7 witness 63:24 64:3

100:19118:8


·' i Anesses 72:13 word 16:20,21 19:5

20:5,6 35:7,9,18 60:13 61:3 81:5 91:20 93:2,20 96:13 98:11 101:12 102:4 105:6,12 110:9 111:11

WordPerfect 93:20 words 23:7 27:2

33:23 53:14 70:6 84:24 88: i3 97: i 116:4

work 4:15 22:3,5 33:19 35:3 52:17 54:3 93:24 100:2

worked 19:13 57:22 67:7

worldng 3 3 :24 works 19:13 wouldn't 63:21

( mld've32:15,24 38:4 49:1 77:4,12 77:12 79:19 81:15 103:2

written 26:23 32:23 33:19 61:24 86:16 98:13

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X X2:1,13 4:4 99:1

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$1,000 87:15,18,21 58:25 59:6 63:6 502:20 88:5,8,12 89:8,16 75:7 87:7 55 2:21

$2,000 22:22 23:13 200 34:10,13 56 76:9 24:1 87:17 88:10 20054:24 89:8 200913:14,15,24 6

$23423:20 13:24 16:5,6,15 62:15,20 6:15 $30,000 77:13 16:1617:18 18:1 17:11 50:10,11,18

79:19 80:11,14,15 76:25 98 :4,6,8,9 53:21 62:1 95:19 80:19 81:6,10,11 98:12,18 97:1,5,20,24,24 81:19,20 83:17,18 2010 88:23 89:7 642:22 84:13,23 85:18 20121:14 95:3 66 30:8,9 35:25 86:10,18 119:20 120:9 67 36:20 37:3 99:12

$345 23:22,24 121:16 68 30:11 36:1 37:2

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12:13 50:12 58:25 26291:22 7th 1:13 120:9

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59:6 69:19 76:2 85:21 97:12 8 --

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(

1.

IN THE CIRCUIT COURT OF BERKELEY COUNTY, WEST VIRGINIA

DAVID REMSBERG,

Plaintiff,

v. Civil Action No. 3:12-CV-41

DOCUPAK, 11 foreign COI'jlOI'Rtion,

Defendant.

PLAINTIFF'S AMENDED NOTICE OF FRCP 30(b)(6) DEPOSITION

Pmsuant to FRCP 30(b)(6) the Defendant is requested to designate n corporate representative who consents to testify on Defendant's behalf regarding the following designated matters at a deposition to take place at Hammer, Ferretti & Schiavoni, 408 West King Street, Martinsburg, West Virginia on November 7, 2012 (or such other date as mny be agreed upon by the parties) beginning at 9:00a.m. and continuing until completed or adjoumed from time to time. The deposition will be recorded by a stenographer and/or by a videographer:

1. The Plaintiff's performance as a Recruiting Assistant in tlte G-RAP Program associated with the 167'" Air Wing of the Air National Guard in Martinsburg, West Virginia;

2. The Plaintiff's compliance (or non-compliance) with all rules ofG-RAP Program;

3. All damages allegedly suffered by the Defendant as a consequence of Plaintiff's non-compliance with all rules of the G-RAP Program;

4. Defendant's inquiry into the Plaintiff's activities as a Recruiting Assistant.

5. All facts known to Defendant concerning Plaintiffs a!!ege4 intentional and knowing solicitation and nomination ofrecmits who had been given Remsberg's telephone number by the Iocnl regular duty Air Guard Recruiter, Ol' who had previously contacted a local regular duty Air Guard Recmiter.

6. All facts concerning Defendant's allegation that Plaintiff engaged in fraud with respect to the recruitment of some or all of the individuals upon which Plaintiffs claims are based and the date(s) on which such facts became known to the Defendant.

~ DEPOSITION ~ EXHIBIT !/~ tq:~ 11-1~1~


\

Dated tltis the 1st day ofNovember, 2012.

ilJL~q/:::::::::==_ David M. Hammer, Esq. WV Bar I. D. /15047 [email protected] Robert J. Schiavoni, Esq. WV Bar I.D. /14365 [email protected]

HAMMBR, FBRRBTTI & SCHIAVONI 408 West King Street Martinsburg, WV 25401 (304) 264-8505 (304) 264-8506 facsimile


(

(

Case 3:12-cv-00041-GMG-JES Document 32 Filed 11101112 Page 1 of 1 PageiD #; 134

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

DAVID REMSBERG,

Plaintiff,

vs. Civil Action No. 3:12-CV-41

DOCUPAK, 11 fol'cign col'pOI'!Ition,

Defendant.

CERTIFICATE OF SERVICE

I hereby cet1ify that service of a true copy of the foregoing has been made as follows:

Type of Service:

Date of Service:

Persons served and address:

Item(s) Served:

CM/ECF System and United States Mail

November I, 2012

A. Neal Barkus, Esq. Tracey B. Eberling, Esq. Steptoe & Johnson, PLLC 1250 Edwin Miller Blvd. Mat1insbm·g, WV 25404

Plaintiffs' Amended Notice ofFRCP 30(b)(6) Deposition

Is/David M. I-Ianuuer David M. Hanuuer, Esq.


(

(

(

Case 3:12-cv-00041-G

MG

-JES

Docum

ent 38-5 Filed 12/11/12 P

age 144 of 196 PageID

#: 577

~

NAME PS/NPS ENUSTMENT 1ST PAYMENT 6MTSHIP 2ND PAYMENT DATE MADE YES/NO DATE MADE YES/NO

1 • HOUSDEN, GlENN M. NPs 2/5/2009 YES-$1,000 2-Mar-10 NO 2 -D'ANGELO, RYAN C · NPs 2/7/2009 YES-$1,000 5-Jan-10 NO 3 ·HARRIS, JUSTIN E. ' NPS 2/10/2.009 YES -$1,000 19-Jan-10 NO 4 ·FORSYTH, TIMOTHY J. NPS 2/10/2009 YES~$1,000 23-Feb-10 NO . 5 ·BRANNAN, CHRJSTOPHER A NPS 2/10/2009 YES - $1,000 19-Jan-10 NO 6 • WALBURN, TYLER E. NPS 3/12/2009 YES-$;1.,000 ~"' 2-Mar-10 NO 7 • EVERHART, MYRJSSA S. NPS 3/12/2009. YES - $.1,000 19-Jan-10 NO 8 ·STONE, JUSTIN M. NPS 4/4/2009 YES - $:3,0!)0 ? NO 9 -DAVIS, RYAN A. NPS 4/5/2009 YES - $1,000 26-Jan-10 NO 10 ·BOLYARD, JEREMIAH J. NPS 4/5/2009 $ ,.~ • · Y~- 1,000 .P 9-Feb-10 NO 11· BOWERS, RYAN A. NPS 4/5/2009 ves:.; $1,!lD!l 26-Jan-10 NO 12- F.LOREK, AARON J. NPS 4/5/2009 YES - $1,000 13-0ct-09 NO 13- GUZIK, JOHNATHEN E. NPS 6/6/2009 YES- '$1,000 9-Feb-10 NO 14 • BAUSHER, BAJ'RY A. NPS 6/25/2009 YE:S - $1.rOGO ? NO 15 ·WATSON, JUSTIN B. NPS 5/3/2009 YES -$1,000 9-Feb-10 NO 16· HARRISON, MARlA D. NPS 5/3/2009 YES-$1,000 23-Fel:i-10 NO 17 • SHAFFER, DANIEL D. NPS 5/3/2009 YES - $1,000 12-Jan-10 NO 18-SPESSARD,BREANNE NPS 5/3/2009 YES- $1,000 ? NO 19 ·SPIKER, DEREK NPS 4/9/2009 YES - $1,000 19-Jan-10 NO 20 • BOWLING, DONALD NPS 5/28/2009 YES-$1,000 5-Jan-10 NO 21· HALLEX, WILLIAM A. NPS 6/15/2009 YES - $1,000 5-Jan-10 NO ·22 • ABSHIRE, ANDREWS. NPS 6/15/2009 YES-$1,000 12-Jan-10 NO 23 ·SEMLER, JAMES NPS 7/14/2009 YES - $:U.,O!l0 ? ; NO 24 • GUAJARDO, ABEL (JOEL) NPS 7/11/2009 YES - $1,000 6-0ct-09 NO 25 • MURRAY, JAMES E. NPS 8/7/2.009 DUE ? NO 26 • MUMAW, SAMANTHA NPS

27 • SHEW, NICHOLAS A. NPS

PENGAD·.B.r,onnt-, H. J.

~ O.if'~ 0

'mm >< ... ::1:0 -!!! m-o ::;0

2:


(

(

Case 3:12-cv-00041-GMG-JES Document 38-5 Filed 12/11/12 Page 146 of 196 PageID #: 579Case 3:12-cv-00041-GMG Document 8 Filed 05/21/12 Page 1 of 8 PageiD #: 38


MARTINSBURG DIVISION

DAVID REMSBERG

Plaintiff,

v.

CIVIL ACTION NO. 3:12-CV-41 (Judge Groh)


Defendants.

ANSWER AND COUNTERCLAIMS

For Answer to the Complaint served upon it in this matter, the Defendant,

Document & Packaging Brokers, Inc. ("Docupak"), hereby denies all factual allegations

( not specifically admitted and, further answering, states as follows:

( '

1. Upon information and belief Docupak admits the allegations of Paragraph 1.

2. Docupak admits the allegations of Paragraph 2.

3. Docupak denies that G-RAP is an acronym for Guard Recruiter Assistant

Program, but admits the remaining allegations of Paragraph 3.

4. Docupak admits that Remsberg participated in the G-RAP Program

associated with the 167'h Air Wing of the Air National Guard in Martinsburg, West

Virginia but denies the remaining allegations of Paragraph 4.

5. Docupak admits that it is not registered to do business in West Virginia, but

denies the remaining allegations of Paragraph 5.

;! DEPOSITION j . ~~HIBIT ,__ ·3~ il2J.s 11-1--1')-


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Case 3:12-cv-00041-GMG Document 8 Filed 05/21/12 Page 2 of 8 PageiD #: 39

6. Docupak denies that a successful applicant would receive a letter, but admits

the remaining allegations of Paragraph 6.

7. Docupak denies that Remsberg was a recruiter for Docupak and that

Remsberg was ever granted access to Docupaks's computer system, but admits the

remaining allegations of Paragraph 7.

8. Docupak denies the allegations of Paragraph 8.

9. Docupak denies that it "compensated" Remsberg and denies it made any

contract payment to Remsberg merely when a recruit swore his military oath, but admits

the remaining allegations of Paragraph 9.

10. Docupak denies the allegations of Paragraph 10 as phrased.


12. Docupak admits that Remsberg has demanded payment of certain sums and

that Docupak has refused to pay those sums, but denies the remaining allegations of

Paragraph 12.


14. Paragraph 14 contains a statement of law to which Docupak is not required

to respond, but if a response is required the allegations in Paragraph 14 are denied.

15. Docupak denies that Remsberg is entitled to the relief contained in the

Prayer For Relief, or to any other relief in this action.


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Other Defenses

First Defense. This action should be dismissed for failure to state a claim upon

which relief can be granted.

Second Defense. This action should be dismissed for failure to join a required

party under Rule 19.

Third Defense. This action should be dismissed because Remsberg has been

paid all sums he was owed.

Fourth Defense. Remsberg is not entitled to any relief in this action under the

doctrine of unclean hands.

Fifth Defense. Remsberg is not entitled to liquidated damages or attorneys fees

as a matter of law.

Sixth Defense. This action should be dismissed because Remsberg engaged in

fraud with respect to the recruitment of some or all of the individuals upon which his

claims are based.

Seventh Defense. This action should be dismissed because Remsberg was not

an employee within the meaning of West Virginia Code §21-5-1 (b).

Eighth Defense. This action should be dismissed because Docupak was not an

employer within the meaning of West Virginia Code §21-5-1 (m).


:'( Ninth Defense. This action should be dismissed because Docupak did not owe

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Remsberg wages within the meaning of West Virginia Code §21-5-1 (c).

Tenth Defense. This action should be dismissed because the West Virginia

Wage Payment & Collection Act has no extraterritorial application.

WHEREFORE, having fully answered, Docupak requests that this action be

dismissed and that it be awarded its costs of defense.

COUNTERCLAIMS

1. Document & Packaging Brokers, Inc. is an Alabama corporation with its

principal place of business at 100 Gilbert Drive, Alabaster, Alabama.

2. Upon information and belief David Remsberg is an individual citizen of West

Virginia residing at 94 Devine Drive Martinsburg, West Virginia.

3. This Court has jurisdiction of these counterclaims pursuant to 28 U.S.C.

§1367(a) in that they are so related to the claims In the action within the Court's original

jurisdiction that they form part of the same case or controversy.

4. At all times relevant to this action, Docupak had a contract with the National

Guard Bureau to manage a recruitment program known as the Guard Recruiting

Assistant Program (G-RAP). Under the G-RAP Program, qualified Recruiting Assistants

could earn staged payments of $1000 for successful recruitment of new recruits or prior

military service recruits under the rules of the Program. Docupak acted as a conduit for

such payments to Recruiting Assistants on behalf of the National Guard Bureau.


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5. Potential Recruiting Assistants applied for the program online and, if

accepted, became independent contractors of Docupak. Remsberg followed this

procedure and qualified to participate as a Recruiting Assistant in June 2008. At no

time was Remsberg an employee of Docupak. Thereafter, Docupak and Remsberg

were parties to a contract, one feature of which was compliance by Remsberg with the

rules of the Program.

6. The rules of the Program, of which Remsberg was aware at all times, required

the Recruiting Assistant to generate potential recruits from his or her own personal

sphere of influence, such a personal acquaintances or family friends. Recruiting

Assistants were not permitted to nominate candidates with whom they had no

connection, such as by trolling the internet for names.

7. The rules of the Program, of which Remsberg was aware at all times,

prohibited the Recruiting Assistant from nominating and claiming payment for any

potential recruit who was referred to the Recruiting Assistant by the local regular duty

Air Guard Recruiter or who had made contact previously with a regular duty Air Guard

Recruiter.

8. In 2009, and perhaps earlier, Remsberg intentionally and knowingly solicited

and nominated recruits who had been given Remsberg's telephone number by the local

regular duty Air Guard Recruiter, or who had previously contacted a local regular duty

Air Guard Recruiter, both violations of G-RAP rules.


9. Docupak conducted an inquiry into Remsberg's activities in July, 2009. When

questioned about his practices by officials of Docupak, Remsberg falsely stated that he

had performed his activities within the Program guidelines.

10. Remsberg was barred from his G-Rap online account in August 2009

pending investigation and was finally disqualified from the G-Rap Program in October

2009.

Count I (Breach of Contract)

11. Docupak restates the allegations in Paragraphs 1 through 10 of these

Counterclaims.

12. Docupak and Remsberg were parties to a valid contract requiring conduct on

Remsberg's part that complied with Program rules concerning recruitment of individuals

in exchange for staged contractual payments based on the achievement of milestones

in the recruitment process.

13. Remsberg breached that contract by failing to comply with Program rules.

14. Docupak was damaged by Remsberg's breach of contract by having made

contractual payments despite Remsberg's failure to comply with Program rules.

Count II (Unjust Enrichment)

15. Docupak restates the allegations in Paragraphs 1 through 14 of these

Counterclaims.


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16. Docupak made certain contractual payments relating to the recruiting

process despite Remsberg's failure to comply with the rules of the program, which were

not only received by Remsberg, but demanded by him.

17. It would be inequitable and unconscionable for Remsberg to retain these

contractual payments under all the circumstances.

WHEREFORE, Docupak requests that this Court enter judgment against

Remsberg for a Illegal and equitable relief to which it is entitled, including but not limited

to, the amount of staged payments improperly paid to Remsberg, interest, and costs

and any other relief to which the Court or jury determines Docupak is entitled.

A JURY TRIAL IS DEMANDED.

May 21, 2012.

A. Neal Barkus 0NV Bar No. 233) Tracey B. Eberling (WV Bar No. 6306) Steptoe & Johnson PLLC 1250 Edwin Miller Blvd. Suite 300 Martinsburg, WV 25404 304-262-3534

DOCUMENT & PACKAGING BROKERS, INC.

By: /s/ A. Neal Barkus



MARTINSBURG DIVISION

DAVID REMSBERG

Plaintiff,

v.

CIVIL ACTION NO. 3:12-CV-41 (Judge Groh)


Defendant.

CERTIFICATE OF SERVICE

I hereby certify that on the 21st day of May 2012, I served the foregoing

Answer and Counterclaims upon counsel of record by utilizing electronic filing with the

( ( U.S. District Court for the Northern District of West Virginia, which will send a notice of

electronic filing to counsel of record as follows:

David M. Hammer, Esq. Robert J. Schiavoni, Esq.

Hammer, Ferretti & Schiavoni 408 West King Street

Martinsburg, WV 25401

Is! A. Neal Barkus


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Objective

" Generate interest in ANG Recruiting and Retention from within

" Stimulate increased unit member involvement- community based

" Provide recruiter with a more qualified applicant and sponsor

" Free up recruiter time to focus on school programs/other lead generation methods

" Provide a cost effective way to increase accessions

" Increase overall accession figures

~ .. Bottom Line - Meet end-strength goal CD ci3 0 0 0 0 --J

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;_ Not a lead Referral Program

® Lead Referrals are simply names and phone numbers provided to the recruiters

.. ANG Recruiting Assistance Program provides a more qualified applicant for the recruiter to enlist

.. ANG Recruiting Assistants will be employees of the contractor - paid by the contractor

.. ANG Recruiting Assistants are paid upon enlistment and initiation of BMT for NPS enlistments, after 3rd UTA for PS Enlistments

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= Phase I of the program is for 16 flying wings - Participating Wings: 168th ARW, Alaska, 173rd FW, Ore~gon, 152"d AW,

Nevada, 131st FW, Missouri, 182"d AW, Illinois, 114th AIV, South Dakota, 18'Jtl'l FW, Alabama, 18Gf:h ARW, MississipJ>i, 159th FW, louisiana, 193rd SOW, Pennsylvania, 180th FW, Ohio, 123 AW, Kentucky, 104t.i-! FW, Massachusetts, 158th FW, Vermont, 174th FW, New York, 177fh FW, New Jersey

• Phase II ofthe program (commencing 15 days after Phase I) wm be opened up to the remaining flying wings

• Will offer $2,000 for each enlistment - $1,000 paid upon verification of enlistment - Additional ~11,000 paid upon confirmation of start of BMT

= Program open for both Non-Prior, Prior Service and Officer accessions - Enlistments can still be accessed lAW FY06 Accessions Policy

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Advertise program to eligible ANG members

Interested applicants complete online

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Posters to Wings

I' Information Trifolds

Upon successful }---+( ccmpletion of online application, ) Ill!>{

will then have to sign moral/ ethical agreement

Online application will consist of a series ethical and moral training modules

Contractor then hires applicant upon completion

of ccmputer training

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RA makes initial contact with ANG Recruiter and sets up meeting to discuss duties ) ANG Recruiting Assistant (RA)

mailed assistance kit and responsibilities

Ai\IG RA may receive wing specific advertising materials from recruiting office

Kit will co~ of: - One (1) polo shirt - Guard Almanac - 200 Business Cards

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Recruiting Assistant (RA) Process

Recruiting Assistant starts to generate leads within their respective community. Once the RA finds an interested applicant wanting to join the ANG, the RA completes a pre-screening, asking as few questions as possible and then contacts the assigned ANG Recruiter to ...

Recruiting Assistant accompanies potential member to appointment with recruiter. Objective is for the recruiter to close the sale and establish dates for testing and MEPS.

set-up an appointment for the app!!cant. ,-\ ..... Note: Before the appointment with the recruiter, \

, the RA will also enter the potential airman's 'I profile data into the ANG RP,P web site portal. ,, This notifies the recruiter ahead of time that the 'I

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Contractor is constantly monitoring the process via the web site portal and makes contact with RA as needed.

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u ,, The RA serves as the new enlistmenfs sponsor, ensuring the members stays positive and qualified to go to BMT. The RA will receive their second $1,000 {1 099) upon the member starting BMT.

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The RA's role in this appointment is to reinforce the applicants decision to join the AN G.

• The RA's role, once the testing and MEPs appointments have been set, is to ensure the applicant stays engaged and makes it to their respective appointments, while helping them prepare and providing them support.

' .. If applicant qualifies for entry into ANG and enlists, the RA will be paid upon the new member's information being confirmed AFRISS and loaded into MiiPDS. RA is paid $1 ,000 (1 099) approximately 15 days after enlistment.

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.. Contractor will work with ANG/A 1 R to ensure all forwarded applicants data is captured in the Air Force Recruiting Information Support System (AFRISS)

- ANG/A 1 R will generate a report specifically for the RA program

• Contractor will provide ANG/A1R weekly reports

- Reports wm show number of RAs and respective demographics

• Contractor will relieve an RA from assignment if the RA does not show any action in their individual web account

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GUARD RECRUITING ASSISTANCE PROGRAM I FAQ ,

tlONE

PROGRAM. OVE.RVIE\'1

ASSIStANTS Q&A

TRAINING REVlEW

•·.· M'PiY NCW' ·:·-

CONTACT US

The Guard Recruiting Assistance Program is administered by~ Oocupak, Inc. 100 Gilbert Drive Alabaster, AL 35007

And Is not created or administered by the Air NatlonEll Guard or Army National Guard.

[email protected]

Atn NATf0f/J1l. GUAno

Recruiting Assistance Program

This pnge will answer many of tile most common questions about the G·RAP program. You are encouraged to download the Air National Guard's G-RAP Guide and G-RAP Tri-fold Brochure for a complete overview of the program.

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What is the Guard Reco·ultlng Assistance Program and how does the po·ogram work? The Guard Recruiting Assistance Program (G-RAP) Is a contracted program designed for Individuals wllo voluntarily apply online at www.guardrecruitlngassistant.com to become eligible to serve as a part-time Recruiting Assistant (RA). The RA applicant will be verf(Jed and selected to participate by a contractor1 not the ANG. Each RA wiH cultivate quality Potential Airmen/Officers from within their Individual spheres of Influence.

Once a Potential Airman/Officer Is identlned and pre-qualified, the RA will facilitate a meeting engagerrient with their local ANG Recruiter. The triad of i\NG Recrulter1 RA and nominee will then work closely to process the nominee and move them towards enlistment.

Upon verified enlistment, the RA wilf receive an Initial payment of $1 1000, wtth a second $1 1000 payment upon verlflcatfon of the new recruit's successful sh1pment to 8as1c Training or AMS. For a Prior Serv1ce recruit1

the RA will receive the I!Htlal payment of $1,000 upon verified enlistment and the second $1,000 payment upon venficatlon of the new recruit's successful 90~day offtllation wnfl the unit. veriflcnt!on is received from both AFRISS and Nll.POS systems. Note: e.'l:~1ct payment Cimeluws vary

https://www.guardrecruitingassistant.com/ail'lfaq.php

Page I of3

Log In to your account

How do· I sign up'l If you're Interested In becoming a Guard Recruiting Assistant, apply on!mc or call Docupak for more information at 1 (866) s66-24n.

Is G·RAP a mandatory program? No, It is VOLUNTARY and you must be selected by the contractor, oocupak to become a RA .

If I am a member of the Air National Guard, Is this a required program? Will I get In trouble for not doing It? G-RAP Is not a required program and has no bearing on your status In the Air National Guard or your military career. You act as an independent contractor for Oocupak.

If I do well will It help llHl get promoted In my unit? No1 your performance as a Recruiting Assistant( whether successful or not, will not affeCt your performance reports In the ANG.

If I am member of the All' National Guard, and I am at a Unit Recruiting Event wearing my uniform1 do r get credit if I identify a Potential Airman/Officer? No, you cannot receive dual compensation. Government sponsored Unit Recruiting £:vents are independent frorn your role as a RA.

Can [ perform the duties of the RA during ctnll weel<end? No, an Individual performing a unit training assembly, AT Status or ADSW CANNOT perform the duties of a RA. Your RA responsib1Ht1es must be met dunng your personal Citizen Time, NEVER on ANG 1'1me.

Can l be AGR Status and do this? No, G-RAP is not currently avdilable to AGR

8/7/2009 Remsberg 000066

Case 3:12-cv-00041-GMG-JES Document 38-5 Filed 12/11/12 Page 163 of 196 PageID #: 596.>

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(}UARD RECRUITING ASSISTANCE PROGRAM I FAQ

depending upon prior service/non-prior status ami avallablllly of training seats.

Goals and purpose:The 1\lr National Guard launched the Guard Recruiting Assistance Program (G·RAP) to establish a position of strength from which the Air National Guard can achieve its accessions rn!sslon and meet the end·strength objective.

What are the responsibilities of the Recruiting Assistant? 'The responsibilities of a RA are: to Identify Individuals within their sphere of Influence as Potential Afrmen or Officers, promote the benefits of service In the Air National Guard, and input Potential Airman/Officer profile data Into the G·RAP web site to begin the appHcation process. Nominations must be entered Into G·RAP prior to the contract date In order to qualify for payments under G-RAP. Payments are not authorized for nominations that do not occur prior to the <:on tract date. RAs will also arrange meetings between the nominee and the ANG Recrultert accompany the ANG. Recruiter and nominee at a parental consent meeting for nominees under 18 years of age, nnd work with the Recruiter to prepare the nomine<! for the ~1EPS and ASVAB appointment.

Additional duties and responsibilities may include:

1. t<'lalntaln cont(lct with the new recruit and provide encouragement to reinforce the recruit's decision to join the Air National Guard

2. Involve the new recruit in PT to properly prepare them for Bt>-1T

3, Ask the new recruit If they have friends, family or acquaintances who might be Interested In joining the Air National Guard

4. Provide support and Information to the new recruit and/or their family about the benefits and opportunities In the Air National Guard

5, Ensure the new recruit Is attending scheduled drills

6. Prepare the new recruit for success at BMT/AMS

7, Mentor them on life In tho Atr National Guard

8. Malntc1ln contact with the new recruit while they are at BNT and technrcal tralnfng in order to provide encouragement, advice <~nd support

Can I create materials to promote the ANG or G·llAP? Any material produced and Intended for use by~ G·RAP RA nlllst first be reviewed AND approved by Oocupak, Addit1onally1 an RA must be able to rulfl!l all responsibilities regarding contact and folfow-up as outlined In the training module .lCceResponslbllitlos of a Recruiting AssistnntfiC . The Intent of

https://www.guardrecruitingassistant.com/air/faq.php

Page 2 of3

status members.

Are Technicians, MPA Day Ail'lnen, Retirees who are employed by a rect·uiting office, or lmmecllate family members of the full-time recruiting force eligible to participate in G·RAP? No, AGR1 ADSW, Tcchnicinns1 t>1PA Day Airmen and Immediate family members of the fuiHlme recruiting force are not currently authorized to participate In G~RAP, Individuals associated as employees of an ANG recruiting staff are not eligible to participate due to a potential for conflfct of Interest. Part of the online application requires the applicant to certify they are not in any of the above mentioned positions. Part of the evaluation of the applicant will be to determine the validity of this disclaimer.

Are Retirees of the Air National Guard (ANG) eligible to participate 111 G·RAP? Yes, Retired Airmen/Officers of the ANG with 20+ years of good service are eligible to participate once they have been In a retired status for a minimum of 60 days.

Retired G-RAP applicants will be asked to submit a copy of their retirement vertncatlon to Docupak lo the form of a DO form 214 or NGB Form 22 in order to be evaluated for participation.

Who's In charge of the Guard Recruiting Assistance Program? Docupak Is administering the Guard Recruiting Assistance PiOgram to assist In ANG recruiting efforts.

What are the responsibilities of Docupak'/ The responsibilities of Docupak Include contract and budget management~ program personnel 1 development of all coHateral materials and programs, development and execution of message placement strategies, exhibit and display development, gatherlng1

tracking and analysis of data, partnership strategy development, lmplemcntiltlon and tracking of quantitative goals and objectives, monthly, quarterly and annual reporting to ANG1 joint planning and conducting briefings to Air National Guard Program f".lanagers and federal contracting COTRs as required, maintaining professiOIWI dress code and conduct at all times when representing Docupak or the Air National Guard, on-line ordering and reporting systems~ planning, deployment and management of al11nformatfon technology assets raqulred to support the campaign effort, collection and validation of all campaign data, accountability and training, technology upgrades to support efficiency and effectiveness, hardware and software assets supporting the campaign effort and

8/7/2009 Remsberg 000067


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9UARD RECRUITING ASSISTANCE PROGRAM I FAQ Page 3 of3

G-RAP is to allow an RA to personally share fraud prevent1011. with their sphere of influence the benefits of tile ANG, and continued contact with any nominated lndfvldual Is Imperative.

HO~IE I PROGRAM OVERVIEW I ASSISTANTS QM I CONTACT US I PRIVACY POLICY

hUps://www.guardrecruitingassistant.com/air/faq.php 8/7/2009 Remsberg 000068


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'-'uatu '"'cnnung ASSIStant- ll'atnmg Pagel of I

Upon verified enlistment, the RA will receive an initial payment of $1,000, with a second $1,000 payment upon verification of the new recruitaC'"s successful shipment to Basic Training m· AMS. For a Prior Service recruit, the RA Will receive the initial payment of $1,000 upon verified enlistment and the second $1,000 payment upon verification of the new recruitaC'"s successful 90 day affiliation with the unit. Verification is received from both AFR!SS and MILPDS systems. Note: exact payment timefines vaty depending upon prior servlce/non-priot· status and nvaiiabillty of training seats,

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https://www.guardrecntitingassistant.com/ait:ltraining/page.php?trainingid=9&review= 1 817/2009 Remsberg 000069


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uuara J(ecrmtmg Assistant ·Training Pagel ofl

11/R NATIONAL GUARD

Initial accession payments will be made to the Recruiting Assistant on average within 45 days after the contract date. In the case of Non-Prior accessions, second payments will be made when the Individual Is confirmed as shipped to B~IT or AMS. Once a Prior-Service accession completes their 90 day affiliation with their drilling unit, a second payment will be made via a VisaA® card. This card Will have the RAilC"·'s name embossed and has ATM access. All future accession payments will be electronically uploaded on this same card,

<. l'l'.f:VIOUS I NEXr >

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G··RAP Training : G··RAP Overview

How does G·RAP worl<?

Once a Potential Airman/Officer Is Identified and pre-qualified, the RA will facilitate a meeting engagement with their local ANG Recruiter. The triad of Recruiter, RA, and Potential Airman/Officer will then work closely together to process the Potential Airman/Officer and move them towards accession. Upon verified enlistment, the RA will receive an Initial payment of $1,000, with a second $1,000 payment lJpon verification of the recrult§C"·'s successful shipment to Basic Training or AMS (for Officers). For a Prior Service recruit, the RA will receive the Initial payment of $1,000 upon verified enlistment and the second $1,000 payment upon verification of the recrultac"·'s 90 day affiliation with the unit. Verification is received from both AFRrss and MILPDS systems. Note: exact payment tlmellnes vary depending upon prior service/non-prior status and availability of training seats.

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What information should be divulged to a PAIPO regarding bonuses and/or de!lloyments? While you should be knowledgeable about general ANG benefits and incentives, only the Recruiter can provide specific details on current bonuses that are available to your nominee. In regard to deployments, as a member of the ANG, you are subject to federal and state mobilization in support of national and local needs. Deployment is a realistic possibility that should be discussed with your PN PO In a forthright manner.

What if you are de11ioyetl or your status changes from Drill? During the time that you are mobilized and/or se1ving on ordeis, you will not be eligible to participate in G-RAP. Since your work as an RA can only be performed on civilian time, your G-RAP account will be temporarily deactivated. Once your status returns to Drill, you will be able to resume your work as an RA.

How do you receive payment for successfully mentoring a nominee? As long as note requirements have been met, you will receive an initial payment of $1,000 upon receipt of enlistment verification. A second $1,000 payment will be authorized upon verification of a non-prior service recruit's successful shipment to BMT (AMS/COT if Officer) or once a prior service Enlistee/Officer completes a 90-day affiliation with the unit.

How long does it take to receive payment? It typically takes up to 45 days from the enlistment date/ BMT ship date for the required verifications to be reported and your payment to be authorized. Payment timelines are dependant upon verifications being reported through both the AFRISS and MiiPDS databases and the availability of training seats.

How are payments made? Payments are issued in the form of a debit card. Once you are authorized for your first payment, the debit card will be sent to the address listed in your G-RAP account. All additional payments will be credited to this same card.

Remsberg 000072


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What is the Guard Recruiting Assis!ance Program? The Guard Recruiting Assistance Program (G-RAPHs one of the most successful recruiting and [etention tools launched in recent history. This innovative web-based program allows members of the Air National Guard (ANG) to directly impact end strength goals, be instrumental In ·bringing quality Airmen/Officers into the Guard, and· receive $2,000 for shaiing their story and mentvring individuals th'ruughoui the. pre-enlistment and post-enlistment processes. · .. : .... .......... .· .....

Who Is eligible to par!lclpate In G-.RAp? G-RAP is currently available to traditional drill status Airmen/. Officers in the AN <;I. Retired AirmeiJ/Officers of the ANG with 20+ years of good service. are eligible to particiP.ate once. they have been in a retired status for a minimum ol60 days. Retired G-RAP applican.ts will be asked .. to submit a copy of their retirementverification to Docupakin the form of either a {)D-214 or an NGB Form 22 to be evaluated lor participation ejigibllfty.

Who is not eligible \O participate in G-RAP? At this time, ANG members that are AGR, ADSW, ·~lil Tech or are immediate family members of the full-time recruiting staff are not eligible to participate in G-RAP.

Is G-RAP mandatory? • No. G-RAP Is a VOLUNTARY program in which Recruit'l'ng Assistants (RAs) are selected and hired as _.!fldependent ~ontractors by Docupak.

How do you register tor G-RAP? To register for G-RAP, visit guardrecruitingassistant.com and select "Apply Now." After your information has been entered, you will receive an approval email within 24 hours stating that you are now eligible to participate as an RA. (Approval will be based upon your current MiiPDS status or retirement verification received.) Once approved, you will be Instructed

to complete the training ·modules which will provide you with an overview of the program including yourresponsii)ilities as an RA. •·

· What. are your res!Hiuslbllitles as a Recruiting Assistant? . ·As an RA, you should identifY indi.viduals within your sphere :.of. influence and share your story about .how .the ANG !las ·. :irripac.ted. your life .. After devefopi(lg ~ relationship with .the Potential Aiiman/OIIicer (PA/PO), :you should pre-qualify

:.llimlherand facilitate the first recruiting appointment for.lhe .:·:nominee. Prior to ,iJee(ingwith a Recr~'i.t~r, yo.u. should enter. the · :PAIPO's information into your_ Q,RAP:ai:count and docinnent · detaJ!s on how you are assisting your noJ.ni.nee through· the

· enlistment process. Afterenlistmentoccurs, you ~hould :. continuet6mentoryournon-priorservlcenominee until he/siJe .

successfully ships to BMT or until you'r Prior serVjce nominee ·comp,letes a 90-day affiliation with .the unit. · · ·

Who can be nominated? · ~ Any pre-qualified individual not currently serving in the ANG can be nominated into your G-RAP account. . ·

What Information needs to be obtalued from your nominee? Please obtain the following details with your nominee's consent: lull name, date of birth, Social Security Number, height, weight, address, phone number, email, education and prior service information (if applicable). It is imperative that you disclose that this information is being obtained for the sole purpose of nominating them Into your G-RAP account.

How do you pre-qualify an individual? For a complete list of pre-qualification questions, please visit guardrecruitingassistant.com and download the G-RAP guide.

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Case 3:12-cv-00041-GMG-JES Document 38-5 Filed 12/11/12 Page 171 of 196 PageID #: 604Print

From: Shara Reisman ([email protected]) To: ·- '? Date: Wed, June 17,2009 9:56:51 AM Cc: Subject: Congratulations on your new nominee!

Dear RA,

Page 1 of1

In reviewing your account I see that you have recently nominated a Potential Airman/Officer ... Congratulations//

Make sure you document how you are mentoring and preparing your Potential Airman/Officer for the ANG and until his/her successful affiliation with the unit. Please remember that payment c,annot be made In the event that there Is Insufficient documentation of your recruiting work. To substantiate your payment, please follow the steps below ASAP:

' To add notes to a file, you must be logged on to your account. At the bottom of the page you will see a listing of a!! of your nominees. To the r!ght of the nominee's name) cl!ck 'detal!s'. This w!l! pu!! up the Potentia! Atrman's file, and you may add your notes in the 'add not<l' box on the right side of the screen using the drop down menu to Indicate where they are tracking in the process. We request that this be done on a regular basis from the time you enter your nominee until you receive your final payment.

These notes need to be detailed, showing Information that document: o How you met the nomlnse and there Interest In joining the ANG o Name of recruiter and how you facilitated contact o When and where the first recruiter appointment took place o Oates of tests taken and genel'al results o Waivers required • Any contact you have with the recruit and recruiter o Date of enlistment

Notes after enlistment should Include Information such as: o Date of first drill o Chosen AFSC • Level of comfort in the unit • Preparation made to ship to BMT/AMS (If required) • Confirm date of shipment (If required)

If you have a nominee that you are NOT currently working with or they are no longer Interested, please remove them from your current nominee section by selecting the "Remove" bulton. If they ever do decide they want to join the ANG,just give us a call and we can reinstate them back Into your current nominees.

Also, please Inform us by calling G"RAP at the number below If any Information (such as phone number, address, or email) has changed. Thanks and please let me know if you have any questions about this process.

J<eep up the good work!

Showcv'R~ docupak> 1.866.566,24 72 toll free 205,605.6190 fax t>[email protected] www.ar-rap.Qom

http://us.tng4.mail.yahoo.com/dc/Jaunch?,gx=o1&.rand=l4kbqkvuocffq

;; DEPOSITION

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6/22/2010

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Case 3:12-cv-00041-GMG-JES Document 38-5 Filed 12/11/12 Page 173 of 196 PageID #: 606Print

From: Lauren Jansen ([email protected]) ! 1 To: [email protected];

Date: Thu, May 28, 2009 11:25:23 AM Cc: Subject: Congratsl Your G-RAP payment has been authodzedl

Page 1 of 1

Congratulations David Remsberg/ Your G-RAP payment for Daniel Shafer has been processed.

What happens next? • If you have already received a Visa card from a previous payment, the funds will be applied to that same card within the next 24-48 business hours. For balance inquiries, please call the number on the back of the card.

~ If this is your first G-RAP payment, you witt receive a Visa card (embossed with your name) within 7-10 business days. The card will be sent to the mailing address you provided in your account. The card will be preioaded with your first payment. All future payments witt be credited to this same card.

Please remember that your mentoring responsibilities do not end with a successful enlistment Continue to document your worl< with your nominee until they ship to BIVJT (non-prior service) ot· until they have completed a 90-day affiliation with the unit (prior service).

Thank you for your service to our country and your participation In G·RAPI

IMPORTANT TAX NOTICE The tax implications of a self-employed Individual are different from those of an ordinary wage earner. Docupal< Is required to send a Form 1099-MISC to the IRS and to each Recruiting Assistant that receives a payment of $600 or more.

Listed below Is information on how you may obtain tax advice from experts in the field:

Check the local yellow pages. h.t!p://www.jactcs_onhewitlcom Jackson Hewitt Is a national tax preparation setvlce with local facilities in every state. http:/lwwwcbrb!ock.com H&.R Block is a national tax preparation setvlce with local facilities in every state. http://www.Jrs.gov/.buslnesses/small!index.hlml The IRS Self-Employed One-Stop Resource website.

Thank you,

Lauren Jansen. docupak> 4601 Southlake Parkway Hoover, AL 35244 Office: 8G6-566-24721Fax: 205-605-6190

http://us.mg4.mail.yahoo.com/dc/Jaunch?.gx=l&.rand=14kbqkvuocffq

;; DEPOSITION f ' A~XXHHIBIBIT !~art-a """~~::=-.l~_!l- ':!-!~

6/22/2010 Remsberg 000041

Case 3:12-cv-00041-GMG-JES Document 38-5 Filed 12/11/12 Page 174 of 196 PageID #: 607Print Page t'oh

From: Lauren Jansen ([email protected]) 1 ( To: [email protected];

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Date: Wed, June 17,200911:27:05 AM Cc: Subject: Congratsl Your G-RAP payment has been authorized!

Congratulations David Remsberg/ Your G·RAP payment for Donald Bowling has been processed.

What happens next? o If you have already received a Visa card from a previous payment, the funds will be applied to that same card within the next 24-48 business hours. For balance inquiries, please call the number on the back of the card.

Q If this Is yourflrst G-RAP payment, you wiii receive a Visa card (embossed with your name) within 7-10 business days. The card will be sent to the mailing address you provided in your account. The card will be preloaded with your first payment. All future payments will be credited to this same card.

Please •·emember that your mento1·ing responsibilities do not end with a successful enlistment Continue to document your work with yom· nominee until they ship to 8MT (non-prior service) or until they have completed a 90-day affiliation with the unit (prim; service).

Than!{ you for your service to our country and your participation in G·RAPI

IMPORTANT TAX NOTICE_ The tax implications of a self-employed individual are different from those of an ordinary wage earner. Docupak is required to send a Form 1099-MISC to the IRS and to each Recruiting Assistant that receives a payment of $600 or more.

Listed below is information on how you may obtain tax advice from experts in the field:

Check the local yellow pages. bttp://www.]<u::Jt&onhElwitt.com Jackson Hewitt Is a national tax preparation service with local facilities in every state. http://www.hrblock.com H&R Bloc!< is a national tax preparation service with local facilities in every state. bttp://www.irs.gov/businessE)_s/small/index.hJml The IRS Self-Employed One-Stop Resource website.

Thank you,

Lauren Jansen docupak> 4601 Southlake Parkwa)' Hoover, AL 35244 Office: 866-566-24721 Fax: 205-605-6190

http://us.mg4.mail.yahoo.com/dc/1aunch? .gx"' 1 &.rand= 14kbqkvuocffq 6/22/2010 Remsberg 000042


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From: Lauren Jansen ([email protected]) To: [email protected]; Date: Wed, June 24,2009 12:17:25 PM Cc: Subject: Congrats! Your G-RAP payment has been authorized!

Page 1 of I

Congratulations David Remsberg/ Your G-RAP payment for Dustin Fitz has been processed.

What happens next? o If you have already received a VIsa card from a previous payment, the funds will be applied to that same card within the next 24-48 business hours. For balance inquiries, please call the number on the back of the card.

(\ !f this is your first GnHAP payment, you will receive a Visa card (etnbossed with your name) within 7-10 business days. The card will be sent to the mailing address you provided in your account. The card will be preloaded with your first payment. All future payments will be credited to this same card.

Please remember that your mentoring responsibilities do not end with a successful enlistment. Continue to document your worl< with your nominee until they ship to BIVIT (non-prior service) or until they have completed a 90-day affiliation with the unit (pt'ior service).

Thank you for your service to our country and your participation in G·RAPI

IMPORTANT TAX NOTICE The tax implications of a self-employed Individual are different from those of an ordinary wage earner. Docupak is required to send a Form 1099-MISC to the IRS and to each Recruiting Assistant that receives a payment of $600 or more.


Checl' the local yellow pages. http://www.Jf:lcksonhf)witt.com Jackson Hewitt is a national tax preparation service with local facilities in every state. http.:t/www.brblock.com H&R Block is a nationa.! tax preparation service with local facilities in every state. http://www.irs.gov/busine~sesLsmall/index.html The IRS Self-Employed One-Stop Resource website.

Thank'you,

Lauren Jausen docupak> 4601 Southlake Pm·kway Hoover, AL 35244 Office: 866-566-24721Fax: 205-605-6190

http://us.mg4.mail.yalloo.com/dc/launch?.gx=1&.rand=14kbqkvuocffq 6/22/2010 Remsberg 000043


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From: Lauren Jansen ([email protected]) To: david,[email protected]; Date: Tim, June 25, 2009 10:44:05 AM Cc: Subject: Cougrats! Your G-RAP payment has been authorized!

Page 1 ofl

Congratulations David Remsberg/ Your G-RAP payment for Johnaihen Guzik has been processed.

What happens next? o If you have already received a Visa card from a previous payment, the funds will be applied to that same card within the next 24-48 business hours. For balance inquiries, please call the number on the bacJ( of the card.

o If this Is your first G-R~P payment, you ~viii ;eceive a Visa card (embossed with your name) within 7-10 business days. The card will be sent to the mailing address you provided in your account. The card will be preloaded with your first payment. All future payments will be credited to this same card.

Please l'emember that your mentoring responsibilities do not end with a successful enlistment Continue to document your worl< wiih your nominee until they ship to BMT (non-priOt' service) or until they have completed a 90-day affiliation with the unit (prior service).

Thank you for yow· service to out' country and your participation in G·RAPI

IMPORTANT TAX NOTICE The tax Implications of a self-employed individual are different from those of an ordinary wage earner. Docupak is required to send a Form 1099-MISC to the IRS and to each Recruiting Assistant that receives a payment of $600 or more.

Listed below is information on how you may obtain tax advice from experts In the field: Check the local yellow pages. hltp:/}www_.}aqksqnhewltt,com Jackson Hewitt Is a national tax preparation se1vice with local facilities in every state.· http://www.hrl:!loql<.com H&R Block is a national tax preparation service with local facilities in every state. bt.!p://wwW,irs,gov/bJ.Jsioesses/small/inde)(.h_!ml The IRS Self-Employed One-Stop Resource website.

Thank you,

£auren Jansen docupak> 4601 Southlake Parkway Hoover, AL 35244 Office: 866-566-24721 Fax: 205-605-6190

http://us.mg4.mail .yahoo.coru/dc/Jaunch?.gx= 1 &,rand=14kbqkvuocffq 6/22/2010 Remsberg 000044

Case 3:12-cv-00041-GMG-JES Document 38-5 Filed 12/11/12 Page 177 of 196 PageID #: 610Print Page 1 of 1

From: Lauren Jansen ([email protected]) 1 ( To: [email protected];

Date: Wed, July 1, 2009 10:40:32 AM Cc:

((

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Subject: Congratsl Your G-RAP payment has been authorized!

Congratulations David Remsberg/ Your G·RAP payment for Andrew Abshire has been processed.

What happens next? o If you have already received a VIsa card from a previous payment, the funds will be applied to that same card within the next 24-48 business hours. For balance Inquiries, please call the number on the back of the card.

o If this Is your first G-RAP payment, you will receive a Visa card (embossed with your name) within 7-10 business days. The card will be sent to the mailing address you provided in your account. The card will be pre loaded with your first payment. Ali future payments will be credited to this same card.

Please remember that your mentoring responsibilities do not end with a successful enlistment. Continue to document your work with your nominee until they ship to BMT (non-prior service) or until they have completed a 90-day affiliation with the unit (prior service).

Thanl~ you for yow· service to our country and your participation In G-RAPI

/IV/PORT ANT TAX NOTICE The tax implications of a self-employed individual are different from those of an ordinary wage earner. Docupak is required to send a Form 1099-MISC to the IRS and to each Recruiting Assistant that receives a payment of $600 or more.

Listed below is Information on how you may obtain tax advice from experts in the field:

Check the local yellow pages. http://www.jacJffionhevyitt.Qom Jackson Hewitt Is a national tax preparation service with local faclllties in every state. ht:tp:l/www.hrbloci\,.Qom H&R Block is a national tax preparation sentice with local facilities in every state. http_:{Jwww.irs.gov/b!Jsinesses/s.mall/inclex.html The IRS Self"Employed One-Stop Resource website.

Than!~ you,

£auren Jansen clocupak> 4601 Southlake Parkway Hoover, AL 35244 Office:866-566-2472!Fax: 205-605-6190

http://us.mg4.mail.yahoo.com/dc/iaunch?.gx=1&.rand=l4kbqkvuocffq 6/22/2010 Remsberg 000045


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From: Lauren Jansen ([email protected]) To: [email protected]; Date: Wed, July 29,2009 2:10:52 PM Cc: · Subject: Congratsl Your G-RAP payment has been authorized!

Page 1 of1

Congratulations David Remsberg! Your G-RAP payment for Barry Bausher has been processed.

What happens next? • If you have already received a Visa card from a previous payment, the funds will be applied to that same card within the next 24-48 business hours. For balance inquiries, please call the number on the back of the card.

u If this is your first G~RI~P payrnent, you wiii receive et VisH card (en1bossed wHh your name) within 7-10 business days. The card will be sent to the mailing address you provided In your account. The card will be preloaded with your first payment. All future payments will be credited to this same card.

Please remember that your mentoring responsibilities do not end with a successful enlistment. Continue to document your work with your nominee until they ship to BMT (non-prior service) or until they have completed a 90-day affiliation with the unit {prior service),

Thank you for you1· service to our country and your participation in G·RAPI

IMPORTANT TAX NOTICE The tax Implications of a self-employed individual are different from those of an ordinary wage earner. Docupak is required to send a Form 1099-MISC to the IRS and to each Recruiting Assistant that receives a payment of $600 or more.


Checl< the local yellow pages. http://www.jacl<sonhl'lwitt.com Jacl<son Hewitt is a national tax preparation service with local facilities in every state. http:/!www.hrblook.com H&R Bloc!< is a national tax preparation service with local facilities in every state. http:f/www.irs.gov/businesses/small/index.html The IRS Self-Employed One-Stop Resource website.

Thank you,

£auim Jansen docupak> 4601 Southlake Parkway Hoover, AL 35244 Office: 866-566-24721Fax: 205-605-6190

http://us.mg4.mail.yahoo.com/dc/Jaunch?.gx=l&.rand=14kbqkvuocffq 6/22/2010 Remsberg 000046

Case 3:12-cv-00041-GMG-JES Document 38-5 Filed 12/11/12 Page 179 of 196 PageID #: 612Print Page 1 ofl

From: Lauren Jansen ([email protected]) 1 ( To: [email protected]; '

Date: Wed, August 5, 2009 9:47:35 AM

((

Cc: Subject: Congrats! Your G-RAP payment has been authorized!

Congratulations David Remsberg! Your G·RAP payment for William Hal/ex has been processed.


o if ihis is your iirst G-RAP payment, you will receive a Visa card (embossed with your name) within 7-10 business days. The card will be sent to the mailing address you provided in your account. The card will be preloaded with your first payment. All future payments will be credited to this same card.

Please remember that your mentoring responsibilities do not end with a successful enlistment. Continue to document your work with your nomi'nee until they ship to BMT (non-prior service) or until they have completed a 90-day affiliation with the unit (prior service).

Thank you for your set'Vice to our country and your participation in G-RAPI

IMPORTANT TAX NOTICE The tax implications of a self-employed individual are different from those of an ordinary wage earner. Docupak is required to send a Form 1099-MISC to the IRS and to each Recruiting Assistant that receives a payment of $600 or more.

Listed below is information on how you may obtain tax advice from experts In the field:

Check the local yellow pages. http://www.jacl<sonhewltt .. com Jackson Hewitt is a national tax preparation service with local facilities in every state. http://www.hrbloclccom H&R Block Is a national tax preparation service with local facilities in eve1y state. http://www.irs.gov/businesses/small/index.htm.l The IRS Self-Employed One-Stop Resource website.

Than!< you,

Lauren Jansen docupak> 4601 Southlake Parkway Hoover, AL 35244 Office: 866-566-24721 Fax: 205-605-6190

1tttp://us.mg4.mail.yahoo.com/dc/launch?.gx=I&.rand=l4kbqkvuocffq 6/22/2010 Remsberg 000047


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From: Lauren Jansen ([email protected]) To: [email protected]; Date: Wed, August 12,2009 1:29:00 PM Cc: Subject: Congratsl Your G-RAP payment has been authorized!

Page 1 of1

Congratulations David Remsberg! Your G·RAP payment for ABel Guajardo has been processed.

What happens next'? • If you have already received a Visa card from a previous payment, the funds will be applied to that same card within the next 24-48 business hours. For balance Inquiries, please call the number on the back of the card.

~ lfthls is your first G-RAP payment, you will receive a Visa card (embossed with your name) within 7-10 business days. The card will be sent to the mailing address you provided in your account. The card will be preloaded with your first payment. All future payments will be credited to this same card.

Please mmember that your mentorlng responsibilities do not end with a successful enlistment. Continue to document yom· work with your nominee until they ship to BMT (non-prlot· service) or until they havG completed a 90-day affiliation with the unit (pt·lor service).

Thank you fot· your service to ow· country and your participation In G-RAPI

IMPORTANT TAX NOTICE. The tax implications of a self-employed individual are different from those of an ordinary wage earner. Docupak is required to send a Form 1099-MISC to the IRS and to each Recruiting Assistant that receives a payment of $600 or more. ·


Check the local yellow pages. http://\,\IWW.jacksonhew[tt.com Jackson Hewitt is a national tax preparation service with local facilities in every state. http;/fwww.hrb!ook.com H&R Block is a national tax preparation service with local facilities in every state. http:l/www.irs.gov/businesses/small/index.html The IRS Self-Employed One-Stop Resource website .

. Thank you,

Lauren Jausen docupak> 4601 Southlake Parkway Hoover, AL 35244 Office: 866-566-24721Fax: 205-605-6190

http://us.mg4.tnail.yahoo.com/dc/1aunch?.gx=1&.rand=14kbqkvuocffq 6/22/2010 Remsberg 000048


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From: Lauren Jansen ([email protected]) To: [email protected]; Date: Wed, August 12, 2009 1:29:00 PM Cc: Subject: Congratsl Your G-RAP payment has been authorized!

Page 1 of!

Congratulations David Remsberg! Your G-RAP payment for James Semler has been processed.


$ If this is your first G-R_AP payment, you \"Ji!l receive a Visa caid (ernbossed with your name) within 7-10 business days. The card will be sent to the mailing address you provided in your account. The card will be preloaded with your first payment. All future payments will be credited to this same card.

Please remember that your mentoring responsibilities do not end with a successful enlistment. Continue to document your work with your nominee until they ship to BIVIT (non-prior service) Ol' until they have completed a 90-day affiliation with the unit (prior service).

Than!< you for yoUI· service to our country and your participation in G .. RAPI

/IV/PORT ANT TAX NOTICE The tax implications of a self-employed individual are different from those of an ordinary wage earner. Docupak Is required to send a Form 1099-MISC to the IRS and to each Recruiting Assistant that receives a payment of $600 or more. ·

Listed below is information on how you may obtain tax advice from experts in the field: Check the local yellow pages. http://www,jacl<sonhewltt.com Jackson Hewitt Is a national tax preparation se1vice with local facilities in every state. http;/{www.hrblocl<.com H&R Block is a national tax preparation service with local facilities in every state. http.://www.irs.gov/buslnE!!lSes/sma!l/index.htrnl The IRS Self-Employed One .. stop Resource website.

Thank you,

Lauren Janseu clocupak> 4601 Southlake Parkway Hoover, AL 35244 Office: 866-566-24721 Fax: 205-605-6190

http://us.mg4.mail.yahoo.com/dc/Jaunch?.gx= 1&.rand=14kbqkvuocffq 6/22/2010 Remsberg 000049


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WELCOME TO THE ANG STRENGTH MANAGEMENT TEAM

The Air National Guard Strength Management team Is comprised of ANG Recruiters, Retention Office Managers (ROMs), Commanders, unit career advisors, family members, RecruitingAssistants(RAs) and current and formerunitmembers, all of which consistently produce and refer the most qualified applicants. The members of this team know firsthand what It takes to be a Guardsman and that the strength of the Air National Guard is dependant upon their efforts both individually and collectively.

Your Circle of Influence is unlimited. By sharing the tangible and Intangible rewards you receive through theANG with your friends, family and associates, you are providing them with the opportunity to succeed by your side while also improving the strength of the Guard.

REMEMBER, you know what it takes to be a part of this world-class organization. Target the best and brightest from your community - people who have demonstrated their ability to be successful and who will continue to make the ANG the premiere organization of the future. Look for people with a vision who are willing to develop a life plan and who can see how the ANG will help them to achieve their goals,

YOUR IMPORTANCE ANC THE TRIANGL.E OF SUPPORT ITOSj

Maintaining strength is everyone's responsibility. When the organization has a vacancy, the mission and its people suffer. Because of your efforts as a Recruiting Assistant.., EVERYONE WINS!

While there may be only three orfour Recruiters In each unit, there are between 700-900 traditional Guardsmen in that unit -diverse in their nature -living, working and contributing every day In the community. These same unit members help extend the message of the ANG by increasing awareness and educating more applicants.

RECRUmNG/ RElENTfON TEAM

Rf.CRUf11NG ASSISTANT

UNIT MEMSERS

OiiA'iiDREOi?iiiTiiVOAS'SiBTANY.OQhr"··· .. ······················ ........................................................... .

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As an RA, you must understand the Importance of establishing a strong rapport with all the individuals in the Triangle of Support (TOS). These individuals can make your mission run smoother, thus creating more opportunities for you and the Air National Guard. You must be an ambassador of good will and keep strong relationships with the members you are charged to support.

Strength From The Triangle Of Support: E:v®r·yone \Nins.

~You win because your team Is at full strength. ~ Your referrals win because they receive a valuable benefits package and a chance to serve in a prestigious

organization. ~ Your unit wins because it is In a higher state of readiness. ~ The Air National Guard wins because it has quality applicants enlisting. ~Your country, state and local communities win because they have a force prepared to serve whenever they

are caiied.

SALES AND I=!EFERRAL TRAINING

As an RA, you have many valuable resources on which you can rely: 1. Online Training 2. IMPACT Sales Skills 3. Constant Interaction with your Unit Production Recruiters and Circle of Influence (CO/)

Online training Prior to your Induction as an ANG Recruiting Assistant, you have exclusive online training to guide you in your development and ensure your success in G-RAP. Consult guardrecruitingassistant.com for additional information.

IMPACT Sales Skills Developing a relationship with your local recruiting personnel and unit members is crucial to your success as an RA. All recruiting personnel are educated in the knowledge of IMPACT Sales Skills. Although this training is extensive, some of the most relevant aspects include the importance of focusing on key points when speaking with prospective Air National Guard members including:

Money- For college, for life, for whatever your future holds Education - learn about yourself and your world while you earn the money for college Training- For your military and civilian career Satisfaction- For the sense of knowing you are part of worthwhile team

ADDITIONAL TIPS Practice good recruiting and you'll see your team grow in both strength and missions accomplished. Maximize your Income potential and maintain the TOS by following these simple tips:

~ Increase your Circle of Influence by asking your school, employer or local organizations if they are interested in having an ANG Production Recruiter discuss the opportunities available in the Air National Guard.

~ Refer people to GoANG.com where they can gain additional information on the benefits of the ANG by sending electronic Guard Cards (available on the site).

iiii;,·,;;;;;;;.;;;ii;;:,iV<;;;iisiiii'JiiVi'.iioiii ............................................................................................. :.n;;·»J,,i.(f. AEC:I'lV.TI.''O AS!WT~ f'ROGl'lA',I

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~ Contact local businesses to explore the possibility of displaying ANG literature prominently throughout your local community.

SELECTEC RESERVE INCENTIVE PROGRAM

This incentive program applies to applicants qualified for specific critical specialties within the Air National Guard. The program is subject to change so it is important to check with your local Recruiter for the latest information.

MGIB·SR Kicker Eligibility

The G/ Bill Kicker Program is designed to attract individuals in identified critical specialties. Payment is made directly to the student for up to 36 months (four academic years) from the Veteran's Administration 0/A). For more Information on current kicker amounts and criteria, contact your local Retention Office Manager (ROM) or gibill.va.gov/.

NOTE: All incentive information should be coordinated through your Recruiting and Retention points of contact for validation of entitlements.

State Tuition Programs In some instances, states offer additional programs that enhance the Federal Education Entitlements/Programs. Some examples Include the 100% luition Assistance Programs or partial assistance while attending school. These are additional monies allocated to members for educational purposes while serving in the Air National Guard. Although many states have these types of programs, you should check with your state's RRS for more details.

Important Links FITNESS STANDARDS: military.com/militacy-fitness/alr-force-fitness-requirements/alr-force-height-and-welght-charts

RESERVE PAY: mllltacy.com/beneflts/mllltary-pay/reserve-and-guard-pay/reserve-drill-pay-calculator

0 iiA'iiDRE'Oili:iiTiNGA S'SiSTANT. COM''' ......... ''''' ... ' .. ' .. ''''''''.' .. ' .. '''''''"''''''''''' .. '"' ........ '''" .... '.' .. ''''

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POTENTIAL AIRMAN INFORMATION

NAME:

(last) ____________ (Orst)_~----------(middle) ______ _

SSN:: ___________________________________________________________ _

Prior Service:----------------- Marital Status:------ Total number of Dependents: ____ _ Addmss: _______________________________________ _

DOB: _____________ Age: ____ Sex: ___ Religion-----------------

Education, Highest Grade/Status: -----------------YearofCompletion: _____ _

Fo(elgn languages: ___ __

Citizenship: ________________ _ Race:---------------

Etlmlc Category:---------------------

Drivers license Number; _________________ _ Exp date:---------------

State Issued: ________________ __

Cell Ph: '----'-----------------E-mail Addross: ____________________________________ _

Next Appointment: __________________________________ _

AOR Recruiter: _________________________ _

High School I College I Other Contacts

Name/Title Phone Number

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CCMAPPEOSS

We recognize everyone's time is important, so it is imperative to pre-qualify your Prospective Applicant (PA) prior to scheduling an initial appointment between the Production Recruiter (PR) or RRNCO, the PA and yourself. You must encourage your PA to be truthful and disclose any and all requested information to the Recruiter to facilitate a smooth enlistment process for all parties Involved. The acronym CCMAPPEDSS can be used to identify basic qualifications for enlistment. You should schedule your initial meeting with the local PR or RRNCO after these areas have been covered In your meeting.

I'RECl.UALIFYING QUESTIONNAIRE 1. What Is your full nama and present aga? 2. What Is your place of blrth to include city, county, state and country If other than the U.S. 3, Vv'hat Is tho highest grade level of education you have successfully completed?

4. What Is your present height? 5. What ts your present weight? 6. How do you consider your present health?

• Have you ever been hospitalized? If so, for•Nhat reason? • Have you aver had any surgeries or organs removed? • Have you ever broken any bones? If so, were they set by cast

or repaired by surgef}"' o Do you now or have you aver had any pins, plates or screws

anywhere In your body? o Have you ever had any history of migraines, diabetes, asthma or

Inhaler use? o Have you ever had <my counseling or psychiatric care, or taken

medlcatfons such as Prozac, Ritalin, etc. • Have you ever been medicated for anything chronic? (A 11yes"

answer requires further documentation.} 7. Are you currently taking any prescribed medications? (If so, you will need to wvlt 30 days prior to scheduling an appointment at MEPS.) 8. Are you currently being seen or have you ever been seen by a doctor for anything other than childhood lllnesses? 9. What Is your present marital status? 10./s your spouse a military member? 11. Do you have any children or anyone dependent upon you for financial support? 12. /ve you expecting any changes to your marital or dependency status In the next twelve months? 13. Have you ever used, possessed, sold or transported {UPSD any Illegal drugs Including Marijuana? 14. Have you ever been charged, arrested, cited or held (CACH) by any

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.·.~~N C:ar<;l . ~ .tJ .. S/ College Diploma!T(a0scrjpt ·· ~.Marriage Certificate . . . .

•· O~pe~dant Children's Bir!h.Certlfic~tes. · · ps ITEMS: · · ·. • DD.214 • Current Physical

law enforcement agency to Include minor traffic or juvenile vfo!aUons, ~ tegardless of the disposition of the case? ~NG

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UNIFORM GUIDE LIST OF TYPICAL OFFENSES:

CATEGORY 1 MORAL OFFENSES This list of offenses is only a guide. Consider violations of a similar nature of seriousness as a Category 1 offense. A conviction or adverse adjudication of one or more of these offenses is disqualifying for entry into the Air Force. The Procurement Source Commander approves waivers to these offenses:

CATEGORY 2 MORAL OFFENSES This list of offenses Is a guide. Consider violations of a similar nature or seriousness as a Category 2 offense. In doubtful cases, treat the offense as a Category 2 offense when the maximum possible confinement under local law exceeds one year. Conviction or adverse adjudication of one or more of these offenses Is disqualifying for entry fnto the Air Force. Waivers to these offenses may be approved by the next lower level of command below the procurement source:

• Aggravated assault: With a dangerous weapon, Intentionally Inflicting great bodily harm with Intent to commit a felony (adjudicated as adult only).

• Bribery (adjudicated as adult only). f Burglary (adjudicated as adult only). ) Carnal knowledge of a child under 16. • Draft evasion. • Drugs: Use, possession, trafficking, sale or manufacture of an illegal or illicit drug {except for marijuana use or possession -see Category 2}.

; Extortion (adjudicated as adult only). ~ Indecent acts or liberties with a child under 16, molestation. • Kidnapping, abduction. I Manslaughter. ) Murder. f Perjury (adjudicated as adult only). I Rape. I Robbery (adjudicated as adult only).

• Arson. ) Aggravated assault: With a dangerous weapon, Intentionally Inflicting great bodily harm with Intent to commit a felony (adjudicated as juvenile only).

) Attempting to cornrnlt a felony. I Breaking and entering a building with/intent to commit a felony. ) Bribery (adjudicated as juvenile only). I Burglary (adjudicated as juvenile only). • Carrying a concealed frrearm or unlawful carrying a firearm. ) Carrying a concealed weapon (other than firearm), possession of brass knuckles. I Child pornography offenses. I Conspiring to commit a felony. ) Criminal libel. I DUI/DWUI/DWI (driving under the Influence, while Intoxicated or Impaired by

drugs or alcohol). ) Embezzlement. I Extortion (adjudicated as juvenile only). I Forgmy: Knowingly littering or passing forged instrument (except for altered

identification for purchase of alcoholic beverages). ) Grand larceny. ; Grand theft. ) Housebreaking. ) Indecent assault. ) Involuntary manslaughter. ) Leaving the scene of an accident (hit-and-run} involving personal injury. )o Lewd, licentious or lascivious behavior. I Looting. ) Mail or electronic emissions matters: Abstracting, destroyfng1 obstructing, opening,

secreting, stealing or taking. ) Mail: Depositing obscene or indecent matter. • Maiming or disfiguring. ) Marijuana: Simple possession or tiS€.

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CATEGORY 2 (continued)

CATEGORY 3 MORAL OFFENSES This list of offenses Is only a guide. Consider violations of a similar nature as Category 3 offenses (including boating, aviation and similar recreational vehicular offenses). In doubtful cases, treat the offense as a Category 3 offense when the maximum possible confinement under local law exceeds four months but no more than one year. Conviction or adverse adjudlction of one or more of these offenses Is disqualifying for entry Into the Air Force. Waivers to these offenses may be approved by the lowest level of command In the procurement source:

f Negligent homicide. f Pandering. f Perjury (adjudicated as juvenile only). f Public record: Altering, concealing, destroying, mutilating, obliterating

or removing. f Riot. f Robbery (adjudicated as juvenile only), f Sedition or soliciting to commit sedition. ~ Selling, leasing or transferring weapon to a minor or unauthorized individual. ,. Sexuaf harassment. f Willfully discharging firearms so as to endanger life or shooting in public place.

f Adultery. f Assault (simple). ,. Breaking and entering a vehicle. f Check: lnsurnclent funds (amount of check over $50, worthless or uttering with

Intent to defraud or deceive). • Conspiring to commit misdemeanor. ; Contempt of court (includes nonpayment of child support or alimony required by court order).

f Contributing to the delinquency of a minor (includes purchase of alcoholic beverages).

• Desecration of a grave. • Discharging firearm through carelessness or within municipal limits. ; Drunk In public, drunk and disorderly, public intoxication. f Failure to stop and render aid after an accident. • Indecent exposure. • Indecent, Insulting or obscene language communkated directly or by telephone or

any electronic transmission method. f Killing a domestic animal. f Leaving the scene of an accident (hit-and·run) with no personal injury involved. • Uquor or alcoholic beverages: Unlawful manufacture or sale. f Malicious mischief. f Resisting, fleeing or eluding arrest. ) Removing property under lien or from pubflc grounds. ; Slander. f Shooting from highway or on public road. f Shoplifting, larceny, petty larceny or theft (age 14 or older or stolen goods valued

over $50). f Stolen property or knowingly receiving stolen property. f Unlawful or illegal entry. • Unlawful use of long distance telephone lines or any electronic transmission

method. ~ Use of telephone or any electronic transmission method to abuse, annoy1 harass,

threaten or torment another. )-Wrongful appropriation of motorvehlcle1 Joyriding or driving without owner's consent (if intent was to permanently deprive owner of vehlcle1 treat as grand larceny) . ...................... .. ........................ ......................... ..................... ... ,,.' .................................. ····· .... '' ...................... .

CATEGORY 4 MORAL OFFENSES This list of offenses Is a guide. Consider traffic violations that are treated as serious by law enforcement agencies as Category 4 offenses (including boating, aviation and similar recreational vehicular offenses). In doubtful Category 4,

)-Abusive language under circumstances to provoke breach of peace. fAltered identification when Intent Is to purchase alcoholic beverages. • Careless or reckless driving. ; Check ($50 or loss, insufficient funds or worthless). ) Curfew violation. • Committfng or creating nuisance. ) Damaging road signs.

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CATEGORY 4 (continued) non-traffic cases, treat similar offenses as Category 4 offenses when the maximum possible confinement under the local law Is four months or less. Two convictions or adverse adjudications in the last three years, or three or more convictions or adverse adjudications in a lifetime is disqualifying for entry Into the Air Force. Waivers to these offenses may be approved by the lowest level of command in the procurement source:

CATEGORY 5 MORAL OFFENSES This list of offenses Is a guide. Consider offenses of a slmifar nature (including boating, aviation and similar recreational vehicular offenses) and traffic offenses treated as minor by local law enforcement agencies as Category 5 offenses. However, careless or reckless driving are considered Category 3 offenses. If the offense Is for parking tickets, count and document only tickets written by law enforcement officers for parking In prohibited zones, regardless of location. Do not count or document any overtime parking tickets. Do not count any parking tickets issued by private security firms, campus pollee, etc. Conviction or adverse adjudication of six or more Category 5 offenses ln a 365-day period In the last three years Is disqualifying for entry Into the Air Force. Waivers to these offenses may be approved by the lowest level of command fn the procurement process:

~ Disorderly conduct, creating disturbance or boisterous conduct, disturbing the peace.

., Driving with suspended or revoked license or without license. ) Failure to appear, comply with Judgment, answer or disobey summons. ~ Failure to comply with officer's direction. ~ Fare evasion (includes failure to pay turnstile fees). ~ Fighting, participating In a brawl. ~Illegal betting or gambling: Operating illegal handbook, raffle, lottery, punch board

or watching a cockfight. ~Juvenile noncriminal misconduct: Beyond parental control, Incorrigible, runaway,

truant or wa}"ovard. ., liquor or alcoholic beverages: Unlawrul possession or consumption In a public

place. ~ Littering or dumping refuse on or near highway or other prohibited place. ~ Loitering. f Possession of indecent publications or pictures (other than child pornography) . ., Purchase, possession or consumption of alcoholic beverages by a minor. ~ Racing, drag racing, contest for speed, ~Shoplifting, larceny, petty larceny or theft (committed under age 14 and value of

stolen goods Is $50 or less). f Trespass on property. ~ Unlawful assembly. ~Vagrancy.

~Vandalism, defacing or injuring property. )o Violation of fireworks law. f Violation of fish and game laws.

~ Blocking or retarding traffic. ~Crossing yellow line, drifting left of center. ~Disobeying traffic lights, signs or signals. ., Driving on shoulder. ,. Driving uninsured vehicle. f Driving with blocked or Impaired vision. ~ Driving with expired plates or without plates. ., Driving without license In possession. • Driving without registration or with Improper registration. ~ Driving wrong way on one-way street. f Failure to display inspection sticker. ~ Failure to have vehicle under control. ~ Failure to keep right or In proper lana. ~ Failure to signal. )o Failure to stop oryiefd to a pedestrian. > Failure to yield right-of-way. > Faulty equipment (defective exhaust, horn, lights, Illegal window tint, etc.), > Following too close. > Improper backing. f Improper blowing of hom. ~ Improper passing. > Improper turn. f Improper parking (does not include overtime parking). ~ Invalid or unofficial inspection sticker. > Leaving key in the ignition. ~License plates improperly displayed or not displayed. ~ Operating overloaded vehicle.

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CATEGORY 5 (continued) ~ Playing vehicle radio or stereo too loud (noise or sound pollution). f Speeding (contest for speed, racing or drag racing is Category 4 offense). f Spinning wheels, Improper start. f Seat belt violation. ~ Zigzagging or weaving in traffic.

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RNATIONAL GUARD

October 28, 2011

MSgt Jeremy Miller 167 AW/ROS 222 Sabre Jet Blvd Martinsburg, WV 25405

RE: Unit Referral Rewards Distribution- FY2010/2011

Dear MSgt Jeremy Miller:

Enclosed are Unit Referral Appreciation Certificates for refenals made to your unit prior to FY 2012. The Unit Members have been sent a reward and Thank-You Card for their refenal. Please present the enclosed certificates to the Unit Members on behalf of the Air National Guard for their support oft he Unit Referral Program. As an appropriate representation of the Air National Guard's gratintde for their service, we recommend a public presentation of the certificate to the Unit Member.

Unit Member App Name

David Remsberg Shew, Nicholas A.

Thank you for yom support!

Sincerely, Air National Guard

Contmct Date RIC

12/5/2009 SSgt Kevin Rhodes, WVI67 AW Recmiter

~ DEPOSITION ~ EXHIBIT iS'~ tq~ If- :r- {~


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INOEPEDENT CONTRACTOR AGREEHENT WITH DOCUMENT AND PACKAGING BROKERS, INC,

As an Independent Contractor, by Document and Packaging Brokers:, Inc:, ("Docupak"), 1 agree to the follo'Jing1

1. I am recognlz:ed as an Independent Contractor and not a partner or an employee of Oocupak, who Is engaged to fulfill tasks as described by Docupak.

2. As an Independent Contractor, the tasks shall be undertaken by, and ...,Jthln the complete control of, the Independent Contractor.

3. Other than payment aco::ording to .schedule:s established from time to time, there are absolutely no additional benefits or compensation due to the Independent Contractor from Oocupc.k.

4, I agree that Docupak rnay pro!Jide my information to the United States Air National Guard (ANG) for purposes relating to the Air National Guard Recruiting As:sltance Program (G-RAP).

5, At all times the Independent Contractor shall abide by the hh;;~hest ethical and moral standards of conduct, and to pursue the bast Interest of the ANG and Docupak1 and shall not commit any act or be lnvoiOJed In any situation ~;th/ch might bring the ANG and/or Docupak Into public disrespect, scandal, ridicule, or which shocks or offends the community,

6. I undarstand that I must briaf the Potential Airman that the Information obtained will be utilized exclusively by Docupak for purposes of administering the G·RAP. Fwther dissemination of this Information outside the scope of the G-RAP and the Air National Guard's recruitment proceu without written consent of the Potential Airman Is prohibited.

7, This contractual relationship can be terminated by either patty at will.

a. This contract shall be Interpreted In accordance with the laws of the State of Alabama.

DOC· 284

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Case 3:12-cv-00041-GMG-JES Document 38-5 Filed 12/11/12 … · Case 3:12-cv-00041-GMG-JES Document...

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