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564
1 IN THE CIRCUIT COURT OF THESECOND JUDICIAL CIRCUIT, IN
2 AND FOR LEON COUNTY, FLORIDA
3
4 JAMES GREER,
5 Plaintiff,
6 vs. CASE NO. 2012-CA-0962
7 REPUBLICAN PARTY OF FLORIDAMIKE HARIDOPOLOS, and
8 JOHN THRASHER,
9 Defendant.___________________________/
10
11 VOLUME 4
12 DEPOSITION OF: JAMES GREER13 TAKEN AT THE INSTANCE OF: Defendant Haridopolos
14 DATE TAKEN: May 25, 2012
15 LOCATION: 909 E. Park AvenueTallahassee, Florida
16COMMENCING: 1:56 p.m.
17CONCLUDING: 3:14 p.m.
18
19 REPORTED BY:
20 PEGGY OWENS
21 REGISTERED PROFESSIONAL REPORTER
22 REGISTERED MERIT REPORTER
23
24
25
PEGGY OWENS & ASSOCIATES (850) 222-6010
565
1 A P P E A R A N C E S
2 DAMON CHASE, Attorney at Law, of the law
3 offices of Chase/Freeman, 1525 International Parkway,
4 Suite 4021, Lake Mary, Florida 32746; appeared on
5 behalf of the Plaintiff.
6 STEPHEN S. DOBSON, III, Attorney at Law, of
7 the law offices of Dobson, Davis & Smith, 610 N. Duval
8 Street, Tallahassee, Florida 32301; appeared on behalf
9 of the Republican Party of Florida.
10 DEAN LEBOEUF and TODD RESAVAGE, Attorneys at
11 Law, of the law firm of Brooks, LeBoeuf, Bennett,
12 Foster & Gwartney, P.A., 909 East Park Avenue,
13 Tallahassee, Florida 32301; appeared on behalf of the
14 Defendant Haridopolos.
15 KENNETH W. SUKHIA, Attorney at Law, Sukhia
16 Law Group, 2846 Remington Green Circle, Suite B,
17 Tallahassee, Florida 32308; appeared on behalf of
18 Defendant Thrasher.
19
20
21 I N D E X
22 WITNESS PAGE
23 James Greer
24 Direct Examination by Mr. LeBoeuf 567
25 Cross Examination by Mr. Sukhia 574
566
1 E X H I B I T S
2 NO. PAGE
3 34 - 4/1/08 Forward Strategies
4 Consulting Contract 580
5 35 - 12/31/08 Forward Strategies
6 Consulting Contract 584
7 36 - 3/1/05 Forward Strategies
8 Consulting Contract 586
9 37 - 6/25/08 Picotte Fundraising
10 Services Agreement 590
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
567
1 D E P O S I T I O N
2 Whereupon,
3 JAMES A. GREER,
4 called as a witness; after having been previously duly
5 sworn, was examined and testified as follows:
6 MR. CHASE: He has one question he would like
7 to clarify.
8 DIRECT EXAMINATION
9 BY MR. LeBOEUF:
10 Q Mr. Greer, we are back from lunch break, and
11 I understand that there is something about your prior
12 testimony that you would like to clarify.
13 A Yes, sir. Yes, Mr. LeBoeuf. You asked me
14 where beyond the $124,000 payment that was due did the
15 RPOF cause any damages.
16 And I listed various things in the agreement
17 that I believe they breached and caused damages. But
18 you also asked me about the criminal case.
19 And I believe that RPOF orchestrated and used
20 their political influence and power to create the
21 criminal case, the criminal accusations, and were very
22 much involved in directly influencing through the
23 Attorney General Bill McCollum, through John Thrasher
24 as a State Senator, the criminal case that was filed
25 against me.
568
1 And I believe that is a major portion of the
2 damages filed against me, where RPOF's efforts and
3 failure to disclose and address the severance
4 agreement, and basically just created this fabrication
5 that a crime had been committed.
6 Q Do you have any direct evidence that RPOF or
7 Senator Thrasher or Mr. McCollum or anybody else was
8 actively involved in causing you to be arrested?
9 MR. CHASE: Object to form. Calls for a
10 legal conclusion.
11 THE WITNESS: Yes, I believe by the public
12 statements that Bill McCollum made, the audit that
13 was conducted that simply attacked myself and
14 Governor Crist. After they had specifically
15 stated that every expenditure under my
16 Chairmanship was proper, lawful and appropriate,
17 that any issues that would arise out of any
18 expenditures or contracts, known or unknown,
19 foreseen or unforeseen or any issue relating to
20 the appropriateness of any contract or expenditure
21 would not be raised.
22 And then later John Thrasher and Bill
23 McCollum and the Republican Party of Florida
24 breached that provision of that agreement and made
25 false accusations against me, which resulted in my
569
1 arrest.
2 BY MR. LeBOEUF:
3 Q Anything else?
4 A No.
5 Q Okay. So you believe that you have covered
6 everything that you believe they did or didn't do that
7 caused you to be arrested?
8 A There may be other aspects that they were
9 involved in, but I don't know of any at this time.
10 Q And you made the comment about what -- I
11 think it was that Senator McCollum and/or Senator
12 Thrasher said that you saw in newspaper articles that
13 you believe led to you being arrested. Can you be more
14 specific.?
15 MR. CHASE: Bill McCollum was Attorney
16 General, as opposed to senator.
17 BY MR. LeBOEUF:
18 Q Did I say Senator? Excuse me, I meant
19 General McCollum.
20 A Yes, shortly after the severance agreement
21 was signed, Senator Thrasher started making public
22 comments about the audit, conducting an audit,
23 reviewing expenditures, were in clear violation of the
24 agreement if, in fact, the result of that audit in any
25 way criticized any expenditures under my Chairmanship,
570
1 when in fact they had a binding agreement where they
2 recognized that any contract and any expenditure was
3 proper, lawful and appropriate; and that they agreed
4 that there would be no questions relating to the
5 appropriateness of any contract or expenditure.
6 And not only did they violate that agreement,
7 I'm not sure that I know, but I'm sure some day we will
8 know who led this conspiracy and orchestrated this
9 effort to charge me with a crime and have me arrested
10 simply for the purpose.
11 The final, the final hail Mary pass for
12 getting out of paying me my agreement was to accuse me
13 of a crime when they had tried everything else for two
14 months to not pay me.
15 The final decision, in my opinion was made,
16 you know, we are going to have to pay him if we don't
17 come up with something good. And the something good
18 was accuse me of a crime.
19 Q But other than your opinion, you don't have
20 any direct evidence of who took that action, do you?
21 MR. CHASE: Objection. Misstates facts in
22 evidence.
23 THE WITNESS: I don't at this time.
24 BY MR. LeBOEUF:
25 Q All right. And with regard to the criminal
571
1 investigation that resulted in your arrest, you don't
2 have, it is certainly not your position that any of the
3 parties to this lawsuit were not able to answer any
4 questions by law enforcement?
5 MR. CHASE: I'm sorry, could you please
6 restate the question?
7 BY MR. LeBOEUF:
8 Q Certainly. You understand that there was a
9 criminal investigation conducted that resulted in your
10 arrest; right?
11 A Well, I understand that there was an
12 investigation conducted at the direction of the
13 Attorney General and John Thrasher. Senator Thrasher,
14 who was head of RPOF at that time, I understand that
15 FDLE was utilized to conduct that investigation.
16 I'm not sure what transpired, what political
17 influence or pressure was applied to FDLE to come to
18 their conclusion.
19 It would seem to me that if RPOF adhered to
20 their assigned agreement that they acknowledged that
21 any and all contracts were lawful, appropriate, and
22 ratified, and if they had told FDLE that, it would seem
23 to me that FDLE would not have concluded that a crime
24 had been committed.
25 But I don't know, I just read recently where
572
1 a United States Congressman publicly stated that FDLE
2 went on a political witch hunt to accuse him of a crime
3 and wasted taxpayer money to create a political
4 investigation.
5 So after I read that story, I'm not sure, you
6 know, I'm not sure exactly what FDLE's goals are at
7 times when they are getting political pressure or
8 political influence.
9 But ultimately, if RPOF had adhered to the
10 agreement that they signed, I don't believe any
11 accusation of a crime could ever have been raised.
12 Q And just for my own understanding, you don't
13 believe that there was anything about that contract
14 that prevented any representative from RPOF or any of
15 the defendants in this case from meeting with, or
16 honestly answering questions proposed to them as part
17 of a criminal investigation; do you?
18 MR. CHASE: Object to form. Calls for a
19 legal conclusion.
20 THE WITNESS: I don't believe if they had
21 adhered to the agreement, a criminal investigation
22 would ever have been conducted. Because they
23 specifically stated that nothing occurred that
24 could in any way remotely be considered a crime,
25 any contracts, agreements, known or unknown, seen
573
1 or unforeseen, any issues relating to any
2 inappropriateness of any expenditures.
3 So I don't know what conversations they would
4 have had with FDLE or anyone else in law
5 enforcement regarding a crime, when they
6 specifically stated in this agreement no crimes
7 had been committed.
8 BY MR. LeBOEUF:
9 Q Well, Mr. Greer, in all fairness, once your
10 creation of Victory Strategies was discovered, and your
11 majority ownership interest in Victory Strategies was
12 discovered, it is certainly not your position that they
13 weren't able to disclose that information that they had
14 discovered after they signed the contract, is it?
15 MR. CHASE: Object to form. Misstates facts
16 in evidence and calls for a legal conclusion.
17 THE WITNESS: It is my position I was
18 directed and authorized to take over fundraising
19 of the Republican Party, to receive compensation
20 for it. It is not a crime to commit a company --
21 to form a corporation or an LLC, which I had legal
22 counsel advise me on how to go about doing that.
23 And the severance agreement provided for an
24 extensive hold harmless provision that I could
25 never raise any issues against RPOF. They could
574
1 never raise any issues against me.
2 And they later violated that agreement and
3 orchestrated a criminal case, which was their
4 ultimate attempt to not pay me my severance
5 payments.
6 MR. LeBOEUF: All right. That's all the
7 questions I have at this time. I believe
8 Mr. Sukhia may have some questions.
9 MR. SUKHIA: Thank you.
10 (Mr. LeBoeuf departed the deposition.)
11 CROSS EXAMINATION
12 BY MR. SUKHIA:
13 Q Mr. Greer, I'm Ken Sukhia. We have met.
14 And I, of course, represent John Thrasher in this
15 proceeding.
16 And I want to follow up, obviously, on some
17 of the questions that have been asked. And I wanted to
18 start with a clarification, a question to see if maybe
19 you could clarify something.
20 You said when you were talking with Charlie
21 Crist and when you informed him of Victory Strategies,
22 that as you've just testified, your position is that,
23 well, I had approval from the Governor to do
24 fundraising activities, to take over the fundraising
25 activities, and also to be paid for it.
575
1 And I believe your testimony was, the
2 Governor told me to fulfill the fundraising
3 responsibilities and to pay myself a commission. That
4 wasn't my question.
5 But I was just saying, I mean I was, I wrote
6 it down. That's why I put quotes around it because
7 that's to indicate that's what I believe your testimony
8 was. Does that sound familiar?
9 A Not initially.
10 MR. CHASE: Object to form.
11 THE WITNESS: Initially when he instructed me
12 to get right of Meredith O'Rourke and cancel her
13 contract, during that time frame me taking over
14 fundraising was not the prominent part of the
15 discussion because I wanted to find another
16 fundraiser.
17 So that's when I started interviewing, as we
18 discussed yesterday. And ultimately, at the end
19 of the day, he told me to get rid of her. He told
20 me to take over fundraising. He told me to pay
21 myself, to pay myself and Delmar for that.
22 I don't believe we talked specifically about
23 what it was going to be, how much, or anything of
24 that nature.
25 BY MR. SUKHIA:
576
1 Q In that regard, as to what else he didn't
2 talk to you specifically about, isn't it true that he
3 did not tell you to do that and do it secretly, i.e.,
4 without informing anyone at RPOF about it?
5 MR. CHASE: Object to form.
6 THE WITNESS: No, because the Governor's
7 position was that he had the power and authority
8 to approve and direct me to do it, and I didn't
9 need to tell anyone else.
10 And that was a regular occurrence with the
11 Governor. The Governor did not believe that I was
12 required on many occasions when he instructed or
13 directed me to do things, that I needed to receive
14 anyone else's approval.
15 BY MR. LeBOEUF:
16 Q All right. He didn't tell you to do it
17 secretly, did he?
18 MR. CHASE: Object to form.
19 THE WITNESS: We never had a discussion of
20 secret or not secret.
21 BY MR. SUKHIA:
22 Q So he didn't tell you do it secretly?
23 MR. CHASE: Object to form.
24 THE WITNESS: Correct.
25 BY MR. SUKHIA:
577
1 Q He never directed you to do it in such a way
2 that it was concealed from RPOF, did he?
3 MR. CHASE: Object to form.
4 THE WITNESS: Other than we had a discussion
5 one time about Meredith O'Rourke interfering with
6 the fundraising efforts. And that's why I think
7 the discussion came up about paying her $5,000, or
8 that was part of that discussion.
9 BY MR. SUKHIA:
10 Q Well, let me ask you. Are you saying that in
11 that discussion the Governor said make it secret, don't
12 tell anybody that you are paying yourself and Delmar a
13 commission on this?
14 MR. CHASE: Object to form.
15 THE WITNESS: No, I don't recall that, that
16 being discussed.
17 BY MR. SUKHIA:
18 Q He never said anything like that?
19 MR. CHASE: Object to form.
20 THE WITNESS: No, I don't recall him saying
21 that.
22 BY MR. SUKHIA:
23 Q Now, on that subject of you and Delmar. You
24 testified that in this conversation with the Governor
25 there was some acknowledgment or understanding that
578
1 there would be a need to or at some point you
2 determined it would be necessary that you keep your
3 name out of this; i.e., in terms of the filings that
4 might be made, that might be accessible to someone;
5 i.e., that it only be Delmar's name on there. Did you
6 make that determination in this?
7 MR. CHASE: Object to form.
8 THE WITNESS: As I initially recall, I don't
9 think that Delmar thought he was going to be
10 publicly disclosed. Because the whole discussion
11 centered on if Meredith finds out that we are
12 doing the fundraising, she will try and obstruct
13 us from being successful.
14 BY MR. SUKHIA:
15 Q Okay. Now, if Meredith knew that Delmar had
16 any involvement in this, she would also be destructive?
17 A I don't know whether she would or would not
18 have been.
19 MR. CHASE: Object to form.
20 THE WITNESS: I know that anyone who tried to
21 replace her as the fundraiser, she had
22 demonstrated that she was not cooperative. She
23 had demonstrated she had the ability to interfere
24 in fundraising.
25 I'm not sure if it was just us. I think it
579
1 would have been anybody; but certainly us, she
2 would have enhanced her efforts in interfering in
3 our ability to be successful.
4 MR. CHASE: Object to form.
5 BY MR. SUKHIA:
6 Q You testified to the fact that other
7 contracts that, the fundraising contracts before
8 Victory Strategies, that were entered into with the
9 Party, that those contained confidentiality provisions,
10 as well?
11 MR. CHASE: Object to form.
12 THE WITNESS: As I recall, yes.
13 BY MR. SUKHIA:
14 Q Isn't it a fact that none of those prior
15 contracts, other than the one that you testified about
16 drafting as a proposed contract, that was drafted on
17 January 15, I believe, which was the last contract for
18 Meredith O'Rourke's company, isn't it true that none of
19 those actual contracts that were entered into with the
20 Party had a confidentiality provision that said
21 anything whatsoever about withholding information from
22 RPOF and from the Finance Committee of RPOF?
23 MR. CHASE: Object to form, and it assumes
24 facts not in evidence.
25 THE WITNESS: There is no such thing as the
580
1 Finance Committee of RPOF. That was an entity I
2 created as Chairman which has no place in the
3 constitution or anywhere else.
4 As it relates to a confidentiality provision,
5 I don't recall the specifics. I know that all of
6 them have, because the fundraisers want them to
7 have a confidentiality clause.
8 MR. CHASE: And Ken, you are with me, if I
9 say object to form, it is relevance, okay?
10 MR. SUKHIA: Yes. Can you mark this as the
11 next exhibit, No. 34.
12 (Whereupon, the document was marked as
13 Deposition Exhibit No. 34.)
14 BY MR. SUKHIA:
15 Q I'm handing you what's been marked as Exhibit
16 No. 34 for this deposition and ask you if you can
17 identify that.
18 A It appears to have my signature, but I don't
19 recall this document.
20 Q Can you identify what it is?
21 A It is a Consulting Contract between the
22 Republican Party of Florida and Forward Strategies.
23 Q What is Forward Strategies?
24 A I believe that was the name of Meredith's
25 fundraising company at the time.
581
1 Q Meredith O'Rourke?
2 A Uh-huh.
3 Q And when was this contract entered into?
4 MR. CHASE: Object to form.
5 BY MR. SUKHIA:
6 Q It was entered into in April of 2008, was it
7 not?
8 MR. CHASE: Object to form.
9 THE WITNESS: It appears to be, yes.
10 BY MR. SUKHIA:
11 Q This is your signature, as best you can tell?
12 A It appears to be.
13 MR. CHASE: Object to form.
14 THE WITNESS: Although, I don't know what
15 these lines are going across the page, which I
16 find unusual; but it appears to be my signature.
17 BY MR. SUKHIA:
18 Q I want to direct your attention to paragraph
19 9 of this agreement. And ask you to tell me where, if
20 you can see it in that agreement, that it has language
21 consistent or where it contains the same language that
22 your Victory Strategies confidentiality agreement
23 contains regarding -- specifically regarding not
24 disclosing any portion of the agreement to major donors
25 or to members of the RPOF Finance Committee without the
582
1 express approval of the Chairman or the Executive
2 Director?
3 MR. CHASE: Object to form, and the document
4 speaks for itself.
5 THE WITNESS: The language --
6 BY MR. SUKHIA:
7 Q I'm just asking you. I have a specific
8 question.
9 A I don't, I see where that -- those exact
10 words are not used.
11 Q Well, are there any words in the contract you
12 signed for Forward Strategies in April of 2008 which
13 say anything about withholding information from the
14 RPOF or the Executive Director or -- excuse me -- or
15 the Finance Committee or Finance Chairman, anything
16 like that?
17 MR. CHASE: Object to form, and the document
18 speaks for itself.
19 THE WITNESS: Actually, I think this
20 agreement with Forward Strategies exceeds the
21 language --
22 BY MR. SUKHIA:
23 Q That's not my question. And I think, you
24 know, I'm going to ask you to just answer my questions.
25 A I'm trying my best to answer your questions.
583
1 Q Well, that wasn't an answer.
2 MR. CHASE: Actually, let him answer the
3 question, and you can move to strike after he is
4 done. But he gets to answer the question you
5 asked him.
6 Go ahead and finish answering the question,
7 Mr. Greer.
8 THE WITNESS: I believe that this document
9 you presented, the confidentiality provisions are
10 extensively more than the agreement that was in
11 the fundraising agreement with Victory Strategies,
12 because this agreement states that the consultant
13 hereby confirms that all such information related
14 to the client's business will be kept confidential
15 by the consultant, except to the extent that such
16 information is required to be divulged to the
17 consultant's clerical staff or associates.
18 So it looks to me, that according to this,
19 she may not have been able to disclose information
20 to RPOF under this confidentiality provision.
21 BY MR. SUKHIA:
22 Q Doesn't the first portion of that provision
23 say each party hereto ("Such Party") shall hold in
24 trust for the other party hereto, and shall not
25 disclose to any other, to any non-party to the
584
1 agreement any confidential information or other such
2 party or confidential information?
3 MR. CHASE: Object to form. Document speaks
4 for itself and its argumentative.
5 THE WITNESS: It does.
6 MR. CHASE: Very nice tone, by the way.
7 THE WITNESS: It does in the first paragraph,
8 but then the fourth paragraph becomes more
9 extensive.
10 MR. SUKHIA: Now, let me show you the earlier
11 contract which, excuse me, which we'll mark as
12 Exhibit No. 35.
13 (Whereupon, the document was marked as
14 Deposition Exhibit No. 35.)
15 BY MR. SUKHIA:
16 Q And let you look at that. Can you identify
17 what this contract is?
18 A It appears to be a fundraising contract for
19 Forward Strategies.
20 Q Okay. And is that your signature on this
21 contract?
22 MR. CHASE: Object to form.
23 THE WITNESS: The addendum has my signature
24 on the contract; not the contract, itself.
25 BY MR. SUKHIA:
585
1 Q I want you to again look at the paragraph
2 number four of this contract, which is identified as
3 confidential information. And tell me if in any
4 portion of this contract it contains any language
5 forbidding Forward Strategies from sharing any aspect
6 of this information to the Finance Committee or to the
7 Finance Chairman of the RPOF?
8 MR. CHASE: Object to form. The document
9 speaks for itself.
10 THE WITNESS: The Finance Chairman or Finance
11 Committee is not noted in this agreement; but it
12 is an extensive confidentiality provision that
13 states that the consultant hereby confirms that
14 all such information relating to the client's
15 business will be kept confidential by the
16 consultant.
17 BY MR. SUKHIA:
18 Q Okay, let's explore that. It says that the
19 consultant acknowledges that during the performance of
20 the contract the consultant may learn or receive
21 confidential client information.
22 Now, who is the client, to your understanding
23 there?
24 MR. CHASE: Object to form.
25 THE WITNESS: I would assume the Republican
586
1 Party of Florida is the client.
2 BY MR. SUKHIA:
3 Q That the consultant may receive confidential
4 client information; and therefore, the consultant
5 hereby confirms that all such information relating to
6 the client's business will be kept confidential by the
7 consultant.
8 Do you see anything in this provision that
9 would say that the nature or the very existence of this
10 agreement, or any information about the agreement,
11 shall not be disclosed to the major donors or to the
12 RPOF, or including the Finance Chair or the Finance
13 Committee of the RPOF?
14 MR. CHASE: Object to form. The document
15 speaks for itself.
16 THE WITNESS: I see that it is a
17 confidentiality provision of this agreement.
18 MR. SUKHIA: Let me show you a document
19 marked as Exhibit No. 36. Ask you if you can
20 identify it, please.
21 (Whereupon, the document was marked as
22 Deposition Exhibit No. 36.)
23 BY MR. SUKHIA:
24 Q Can you identify what that is, please?
25 A It appears to be an agreement from 2005
587
1 between the Republican Party of Florida and Meredith
2 O'Rourke.
3 Q And if you will look at paragraph four,
4 subparagraph E, little E.?
5 MR. CHASE: Paragraph what? I have an A and
6 B, Ken. Did you say E?
7 MR. SUKHIA: Excuse me.
8 MR. CHASE: Do you have the wrong document?
9 MR. SUKHIA: My eyesight, I guess --
10 MR. CHASE: I can't read it either.
11 THE WITNESS: I can't read it either.
12 MR. CHASE: I think you are talking about, it
13 looks like paragraph A is consistent with your
14 line of questions.
15 MR. SUKHIA: Yes, I think paragraph A is what
16 I'm referring to. I guess the last paragraph.
17 MR. DOBSON: Paragraph A of what?
18 MR. SUKHIA: Paragraph 4(a), four little A.
19 MR. CHASE: I guess, I'm sorry, I'm trying to
20 help. Consistent -- if you finish -- if you
21 start -- it is just consistent with your line of
22 questioning.
23 I'm not trying to presuppose what you are
24 asking, but this sentence uses the same language
25 and then spills over.
588
1 THE WITNESS: All right.
2 BY MR. SUKHIA:
3 Q Is there anything in this agreement that
4 instructs or somehow creates a prohibition against the
5 consultant providing information to the client, itself;
6 that is, to RPOF?
7 MR. CHASE: Object to form, and the document
8 speaks for itself.
9 THE WITNESS: Well, this agreement seems to
10 even be more extensive, as it is very specific
11 that the fundraiser will not, shall not release or
12 cause to be released, permit, or cause to be
13 permitted documents, donors lists, plans, and
14 like, or any other deviations or alterations.
15 It is very difficult to read. Other than
16 without the consent of the Party. But this seems
17 to be more specific as it relates to
18 confidentiality.
19 BY MR. SUKHIA:
20 Q Okay. So your reading of this would be that
21 this would restrict the consultant from sharing
22 information that she received from the Party, sharing
23 that information to the Party?
24 MR. CHASE: Object to form. Document speaks
25 for itself.
589
1 THE WITNESS: It simply seems to be more
2 specific; but I would, it says what it says.
3 BY MR. SUKHIA:
4 Q Okay. You had testified previously that this
5 confidentiality agreement that you included in the
6 Victory Strategies contract was the same provision
7 which appeared, or the others all had confidentiality
8 provisions.
9 But it is true, isn't it, that none of these
10 others -- including these you looked at -- had
11 confidentiality provisions which prohibited the
12 consultant from providing information to the client,
13 that is to RPOF, about whatever she was doing?
14 MR. CHASE: Object to form. I'm sorry.
15 Object to form. The documents speak for
16 themselves.
17 THE WITNESS: No, there was, I think you
18 said, yourself, that one of Meredith O'Rourke's
19 previous contracts that was between the Republican
20 Party of Florida and Meredith O'Rourke's company
21 had the exact same language that the Victory
22 Strategies contract had.
23 BY MR. SUKHIA:
24 Q I'm talking about contracts she entered into.
25 MR. CHASE: Object to form. Document speaks
590
1 for itself.
2 BY MR. SUKHIA:
3 Q I will show you that contract in a minute.
4 A I thought she had signed that one, but it was
5 presented to her for her acceptance.
6 Q But you would agree that the contracts --
7 well, strike that. Let me go ahead and give this to
8 the court reporter.
9 A If I can have one minute to use the restroom.
10 (Brief recess.)
11 MR. SUKHIA: All right. Okay, showing you
12 what's been marked as Exhibit No. 37 to this
13 deposition.
14 (Whereupon, the document was marked as
15 Deposition Exhibit No. 37.)
16 BY MR. SUKHIA:
17 Q You had testified that you had met Gretchen
18 Picotte, and that you retained her to do some
19 fundraising activities? I guess in your Orlando area,
20 is that correct?
21 A It was Orlando, Central Florida, yes.
22 MR. CHASE: Sorry, object to form.
23 BY MR. SUKHIA:
24 Q This Exhibit No. 37, is this the contract
25 that appears to be the contract that was entered into
591
1 between the Republican Party and Gretchen Picotte?
2 A It appears to be.
3 Q Does it also contain a confidentiality
4 provision?
5 MR. CHASE: Object to form.
6 THE WITNESS: It does.
7 BY MR. SUKHIA:
8 Q Did you enter into this agreement?
9 MR. CHASE: Object to form. Document speaks
10 for itself.
11 THE WITNESS: That appears to be my
12 signature.
13 BY MR. SUKHIA:
14 Q Okay. And where did this language come from
15 in paragraph six for this agreement?
16 MR. CHASE: Object to form.
17 THE WITNESS: I don't know. There is even
18 more extensive confidential --
19 BY MR. SUKHIA:
20 Q I didn't ask that. I just asked where the
21 language came from.
22 A I don't know.
23 Q Now, you are saying there is even more
24 extensive and so forth. The language in the
25 confidentiality provision, in fact, restricts the Party
592
1 from disclosing donor information or -- excuse me --
2 the consultant and the Party from providing or
3 disclosing donor information, donor levels, financial
4 information, and all other materials provided by RPOF
5 under this agreement, which the agreement describes as
6 being, all being highly confidential; and which says
7 that these things may not be disclosed by the
8 consultant without the express permission of the
9 Chairman. Is that correct?
10 MR. CHASE: Object to form.
11 THE WITNESS: It is.
12 BY MR. SUKHIA:
13 Q And it also says, and I quote, Consultant
14 further acknowledges that violation of this duty of
15 confidentiality will subject RPOF to immediate damages
16 whose value is difficult to quantify; is that correct?
17 MR. CHASE: Object to form. Document speaks
18 for itself.
19 THE WITNESS: Yes.
20 BY MR. SUKHIA:
21 Q Does it also say that the consultant
22 therefore agrees that any breach of this
23 confidentiality provision will be considered a material
24 breach of the agreement, and RPOF shall be entitled to
25 recover a hundred thousand dollars -- not as a
593
1 penalty -- but as liquidated damages approximating the
2 future economic damages that would be suffered by RPOF?
3 MR. CHASE: Object to form.
4 BY MR. SUKHIA:
5 Q Is that correct?
6 MR. CHASE: Object. The document speaks for
7 itself.
8 THE WITNESS: It says that.
9 BY MR. SUKHIA:
10 Q What portion of this confidentiality
11 agreement, if there is any, or what portion of this
12 contract prevents the consultant from sharing
13 information about the contract with RPOF, its major
14 donors, or including the Finance Committee of the RPOF?
15 MR. CHASE: Object to form. The document
16 speaks for itself.
17 THE WITNESS: Well, the Finance Committee is
18 not mentioned in this document. But this document
19 requires the consultant to get approval of the
20 Chairman as it relates to this and other issues.
21 And it even adds a hundred thousand dollars
22 liquidated damages if they breach the
23 confidentiality provision. So the document says
24 what it says.
25 BY MR. SUKHIA:
594
1 Q Okay. Is there any provision in this
2 contract, that you are aware of looking through it,
3 that would prevent the recipient from disclosing
4 information about the contract to major donors or
5 members of the RPOF Finance Committee without the
6 express approval of the Chairman or the Executive
7 Director?
8 MR. CHASE: Object to form. The document
9 speaks for itself.
10 THE WITNESS: Yes. It says in paragraph six,
11 an integral and material part of this agreement,
12 consultant acknowledges that all lists, donor
13 information, donor levels, financial information,
14 and all other materials provided by RPOF under
15 this agreement are highly confidential and may not
16 be disclosed by consultant without the express
17 permission of the Chairman.
18 BY MR. SUKHIA:
19 Q Okay. Are you suggesting that this would
20 have prevented the consultant from sharing that
21 information with the very client from which she
22 received the information?
23 MR. CHASE: Object to form. Document speaks
24 for itself.
25 THE WITNESS: The document states that the
595
1 person she has to get permission from is the
2 Chairman, not the Party.
3 BY MR. SUKHIA:
4 Q Now, you didn't answer my question. Is there
5 anything in this provision that you are interpreting
6 that would prevent her from sharing any information to
7 the RPOF about this, the information that she received
8 from RPOF?
9 A Yes.
10 MR. CHASE: Object to form. The document
11 speaks for itself.
12 BY MR. SUKHIA:
13 Q All right. Let me show you again Exhibit No.
14 6. Let me back up. I am going to let you look at
15 Exhibit No. 5, which is the --
16 A What was that exhibit number, the last one
17 you handed to me?
18 Q The last one was No. 37. I want to show you
19 the fundraising -- actually these are Exhibits No. 10
20 to the deposition and No. 6. And you can look at
21 those. Now, do you recognize Exhibit No. 10?
22 A I do.
23 MR. CHASE: Object to form.
24 BY MR. SUKHIA:
25 Q And what is number 10?
596
1 MR. CHASE: Object to form.
2 THE WITNESS: It is an agreement that was
3 provided for between Meredith O'Rourke and RPOF.
4 BY MR. SUKHIA:
5 Q All right. Is this the agreement that
6 references $5,000 a month that was a proposed agreement
7 she never entered?
8 MR. CHASE: Object to form.
9 THE WITNESS: I think she ultimately signed
10 this agreement.
11 BY MR. SUKHIA:
12 Q Okay, but this is the one that does not have
13 her signature on it.
14 A Correct.
15 Q All right.
16 MR. CHASE: Object to form.
17 BY MR. SUKHIA:
18 Q Now, where did the language in this about
19 confidentiality come from?
20 MR. CHASE: Object to form.
21 THE WITNESS: I don't know.
22 BY MR. SUKHIA:
23 Q Who is it that entered into this agreement
24 with her?
25 A Myself, as Chairman.
597
1 Q Okay. And is it your testimony you have no
2 idea how the language about confidentiality came out in
3 that provision?
4 MR. CHASE: Object to form.
5 THE WITNESS: I don't recall how this
6 agreement was created. I know that the $5,000 was
7 discussed between the Governor and I, but I don't
8 recall how this agreement was --
9 BY MR. SUKHIA:
10 Q But you can see that --
11 MR. CHASE: Object to form. I'm sorry, go
12 ahead, Ken.
13 BY MR. SUKHIA:
14 Q You can see that the language in the
15 confidentiality provision there includes language about
16 not disclosing the nature of the information, or the
17 matters concerning this agreement to the RPOF, and so
18 forth, the same language that's in No. 6.
19 MR. CHASE: Object to form.
20 THE WITNESS: I agree.
21 BY MR. SUKHIA:
22 Q When was this proposed contract prepared?
23 MR. CHASE: Object to form.
24 THE WITNESS: I don't recall.
25 BY MR. SUKHIA:
598
1 Q Can you look at the date of the contract?
2 Does it identify a date?
3 A It does not. It simply has blanks when it
4 says entered into.
5 Q Do you know when it was that you were talking
6 with Meredith O'Rourke about resolving or about
7 entering into some sort of modification of her
8 agreement?
9 MR. CHASE: Object to form.
10 THE WITNESS: That went over, that went over
11 an extended period of time. We discussed
12 commissions. We discussed reductions to the base.
13 We discussed insurance for her.
14 So I don't recall exactly when this agreement
15 was presented to her.
16 BY MR. SUKHIA:
17 Q Okay. But you knew it had to be at or around
18 the time you were about to take over?
19 A Take over what?
20 MR. CHASE: Object to form.
21 BY MR. SUKHIA:
22 Q Take over the fundraising?
23 A No, this was presented to her prior to that.
24 Q At or about the time --
25 MR. CHASE: Object to form.
599
1 THE WITNESS: I don't know when it was
2 presented to her.
3 BY MR. SUKHIA:
4 Q Now, do you know if the General Counsel
5 reviewed any of these other contracts, other than the
6 Victory Strategies one I referred you to?
7 MR. CHASE: Object to form.
8 THE WITNESS: I don't know whether he did or
9 didn't.
10 BY MR. SUKHIA:
11 Q You had alleged in your complaint, in
12 paragraph 22, subparagraph M, that shortly after you
13 filed this litigation -- and I'm going to quote from
14 your complaint. It says, "In its final desperate
15 attempt to avoid its express liability under the
16 agreement, RPOF announced it was going to have Greer
17 prosecuted for failing to disclose Victory Strategies,
18 LLC."
19 And this is a verified complaint, correct?
20 That means this is under oath that you have given this.
21 A (Nodding head.)
22 Q Who at RPOF announced that it was going to
23 have Greer prosecuted for failing to disclose Victory
24 Strategies and when did they announce it?
25 A Can you repeat the time line that you are
600
1 asking about?
2 Q It says on April 1, 2010, Greer filed the
3 instant litigation. That's paragraph L. Paragraph M
4 says, shortly thereafter, in its final desperate
5 attempt to avoid its express liability under the
6 agreement, RPOF announced that it was going to have
7 Greer prosecuted for failing to disclose Victory
8 Strategies, LLC.
9 When did, quote, RPOF announce it was going
10 to have you prosecuted for failing to disclose Victory
11 Strategies, and who made that announcement?
12 MR. CHASE: Object to form. Compound
13 question.
14 BY MR. SUKHIA:
15 Q When did they announce it?
16 A It was my understanding that there were
17 conversations taking place within RPOF that they were
18 going to try and have me arrested.
19 And I believe that those discussions were
20 conveyed to certain members of the Executive Board,
21 including James Stelling, who was a member of the
22 Executive Board.
23 Q Okay. You said RPOF announced it. So when,
24 you used the phrase here, the term, "announced", you
25 mean someone at RPOF, you heard from somebody that
601
1 someone at RPOF talked about this in their private
2 meetings or something?
3 A I don't know what the term "announced" would
4 be. But I think when you become knowledgeable of
5 something, that's an announcement.
6 But I also believe that there were statements
7 from about March 15th on where RPOF was indicating that
8 there may have been a crime committed. And I was being
9 told that, that people within RPOF were discussing that
10 they were going to try and have me arrested so that
11 they didn't have to pay the severance agreement.
12 Q Do you know who was saying that, they were
13 going to have you arrested?
14 A I was told it was John Thrasher. I was told
15 that it was discussed among the Executive Committee
16 members. I was told that it was being discussed up
17 here in Tallahassee. And that I should prepare for bad
18 things coming my way, because they wanted to do
19 everything they could to not pay me my payment, which
20 became due on March 1st.
21 Q Who told you that John Thrasher or anyone
22 else at RPOF, specifically John Thrasher, who told you
23 that John Thrasher said that to avoid having to pay you
24 under this agreement they were going to have you
25 arrested?
602
1 A I think around March 22nd to the 25th, John
2 Thrasher made a statement to the press that he said
3 that he believed that crimes may have been committed by
4 me at RPOF.
5 Q Okay. Who told you that he said that to
6 avoid payments under the severance agreement, they were
7 going to have you arrested?
8 A No one told me that to avoid the payment, but
9 he made an announcement after the payment became due --
10 not prior to the payment, but after the payment became
11 due -- that crimes may have been committed.
12 So you can only interpret that if someone is
13 saying crimes may have been committed, that an arrest
14 would follow.
15 Q Let me ask you. Are you aware that Delmar
16 Johnson came to FDLE in March, on March 15th or
17 March 16th of that year, that is 2010, and that he
18 disclosed to them your involvement in Victory
19 Strategies?
20 MR. CHASE: Objection. Compound question,
21 relevance, and assumes facts not in evidence.
22 THE WITNESS: I have heard that. But if I
23 could continue --
24 MR. CHASE: You answered the question.
25 BY MR. SUKHIA:
603
1 Q Did you disclose your financial interest in
2 Victory Strategies and the payments you had received
3 from it to the RPOF auditors; that is, to Thompson,
4 Brock, Luger and Company?
5 MR. CHASE: Object to form.
6 THE WITNESS: They didn't ask me.
7 BY MR. SUKHIA:
8 Q Did you disclose your involvement in Victory
9 Strategies to CFO Richard Swartz?
10 A He didn't ask me.
11 MR. CHASE: Object to form.
12 BY MR. SUKHIA:
13 Q Then the answer is, no, you didn't disclose
14 that to him?
15 A No.
16 MR. CHASE: Object to form.
17 BY MR. SUKHIA:
18 Q Did you disclose your interest in Victory
19 Strategies to the RPOF Finance Committee Chair John
20 Rood, the one who was serving as the Finance Chair at
21 the time you entered this agreement?
22 MR. CHASE: Object to form.
23 THE WITNESS: Mr. Rood was basically useless
24 as a Finance Chair.
25 BY MR. SUKHIA:
604
1 Q That's not my question. Did you disclose,
2 did you disclose your interest in Victory Strategies to
3 the Finance Committee Chair, John Rood?
4 MR. CHASE: Object to form.
5 THE WITNESS: No.
6 BY MR. SUKHIA:
7 Q Did you disclose your interest in Victory
8 Strategies to the RPOF bookkeepers, Kay Linton and
9 Catherine Howell?
10 MR. CHASE: Object to form.
11 THE WITNESS: No.
12 BY MR. SUKHIA:
13 Q Did you disclose your interest in Victory
14 Strategies to the Budget Committee of the Republican
15 Party of Florida?
16 MR. CHASE: Object to form.
17 THE WITNESS: No.
18 BY MR. SUKHIA:
19 Q Did you disclose your interest in Victory
20 Strategies to the Audit Committee of the Republican
21 Party of Florida?
22 MR. CHASE: Object to form.
23 THE WITNESS: No.
24 BY MR. SUKHIA:
25 Q Did you disclose your interest in Victory
605
1 Strategies to Treasurer Joel Pate?
2 MR. CHASE: Object to form.
3 THE WITNESS: No.
4 BY MR. SUKHIA:
5 Q Did you disclose your interest in Victory
6 Strategies to Assistant Treasurer Allen Miller?
7 MR. CHASE: Object to form.
8 THE WITNESS: No.
9 BY MR. SUKHIA:
10 Q Did you disclose your interest in Victory
11 Strategies to the vice Chairman of the Party, Allen
12 Cox?
13 MR. CHASE: Object to form.
14 THE WITNESS: No.
15 BY MR. SUKHIA:
16 Q Did you disclose your interest in Victory
17 Strategies to the General Counsel to the Party, Daniel
18 Nordby?
19 MR. CHASE: Object to form.
20 THE WITNESS: He wasn't General Counsel.
21 BY MR. SUKHIA:
22 Q Let me ask you about that. Isn't it true
23 that the General Counsel to the Party from February 8,
24 of 2008 until June of 2009 was not Jason Gonzalez?
25 MR. CHASE: Object to form.
606
1 THE WITNESS: I'm not sure who was General
2 Counsel during that time, because they informed me
3 at one point in time it wasn't an individual that
4 was the General Counsel. It was a contract with
5 Ausley McMullen.
6 So therefore, there was not a person who was
7 the General Counsel. It was Ausley McMullen. So
8 Jason could step in, step out. Dan Nordby could
9 step in, step out.
10 So who was fulfilling the role as General
11 Counsel, I couldn't tell you other than the fact
12 we had a contract with Ausley McMullen.
13 BY MR. SUKHIA:
14 Q So you didn't, you didn't know who was
15 serving as your General Counsel for the Party while you
16 were Chairman?
17 A I knew --
18 MR. CHASE: Object to form.
19 THE WITNESS: I knew who came to the meetings
20 to fulfill the role as General Counsel.
21 BY MR. SUKHIA:
22 Q Who came to the meetings to fulfill the role
23 as General Counsel during the --
24 MR. CHASE: Object to form.
25 BY MR. SUKHIA:
607
1 Q -- during the period that Jason Gonzalez was
2 serving as the General Counsel in the Governor's
3 office?
4 MR. CHASE: Object to form.
5 THE WITNESS: Oh, I think it was Dan Nordby.
6 I think there was some other gentleman that popped
7 in one time and represented the Ausley McMullen
8 law firm, too.
9 BY MR. SUKHIA:
10 Q Did you disclose your interest in Victory
11 Strategies to Daniel Nordby?
12 A No.
13 MR. CHASE: Object to form.
14 BY MR. SUKHIA:
15 Q Did you disclose your interest in Victory
16 Strategies to the other fellow that you mentioned who
17 might have come over there from the Ausley firm?
18 MR. CHASE: Object to form.
19 THE WITNESS: Well, I disclosed it to Jason
20 Gonzalez. He was an employee of Ausley McMullen.
21 BY MR. SUKHIA:
22 Q Well, let me ask you about that. You said
23 you disclosed it to Jason Gonzalez. And that was the
24 same, you said that it was as you were walking out of
25 the office after the meeting, immediately preceding the
608
1 meeting at which he asked you directly if you had an
2 interest in Victory Strategies and you said no.
3 A Correct.
4 Q Is that correct?
5 MR. CHASE: Object to form.
6 BY MR. SUKHIA:
7 Q Is that correct?
8 A Correct.
9 Q At that, that meeting --
10 MR. CHASE: Just object to form. I mean it
11 is asked and answered.
12 MR. SUKHIA: No, no, believe me it is not.
13 MR. CHASE: When he told Jason Gonzalez when
14 he walked out of the meeting? The objection is
15 asked and answered.
16 BY MR. SUKHIA:
17 Q You were asked at one point who was present
18 at that meeting when he asked you that. And you had
19 said, gosh, I'm not sure I remember. It was, it seemed
20 like you mentioned a lady's name who might have been in
21 the meeting?
22 A No, that's wrong, Mr. Sukhia.
23 MR. CHASE: Object to form.
24 THE WITNESS: I mentioned the lady's name,
25 Katie Betta, on the day that I resigned. That was
609
1 when the Katie Betta question was answered.
2 The day that he came into the office -- and
3 this came up along with many other accusations
4 that were going around -- was the day that there
5 had been previous meetings that day. I think I
6 mentioned that I was upset. Because the
7 Republican Party was just, it was not a good day.
8 They were talking about keeping blacks from
9 voting. Having the Party pay for those
10 amendments, those constitutional amendments. Then
11 having taxpayers pay to fund the defenses. It was
12 a very hectic day.
13 But I remember that day that he did ask me
14 that in front of some other people, along with
15 many other things that he told were going on,
16 accusations about limousines, travel to New York
17 Yankee games, travel to some other issues.
18 And I think we came from my conference room
19 into my office, because there was a meeting in the
20 conference room where the House and Senate were
21 trying to find a way to have the taxpayers pay for
22 opposing those constitutional amendments, because
23 they didn't want, they wanted to find ways to
24 restrict voters from voting.
25 And we went from I believe that meeting into
610
1 my, into my office. So I don't remember exactly
2 who was in that meeting, although I do remember
3 Jason asking me that question.
4 BY MR. SUKHIA:
5 Q Isn't it true that in the meeting at which
6 Jason asked you that question, two people -- actually,
7 three people were present.
8 MR. CHASE: Object to form.
9 BY MR. SUKHIA:
10 Q Isn't it true that Eric Eikenberg was in that
11 room, that Jim Rimes was in the office, and that
12 Richard Swartz was in the office?
13 MR. CHASE: Object to form, and asked and
14 answered.
15 THE WITNESS: If they were in the room --
16 Swartz was not in the room because Swartz was not
17 involved in those type meetings.
18 BY MR. SUKHIA:
19 Q If the folks who were involved, who were in
20 that meeting, said they remembered that you were asked
21 if you had an interest in Victory Strategies, and you
22 said no, that you would sue anyone who said that -- if
23 those people said that meeting occurred at the end of
24 December, would they all be wrong?
25 MR. CHASE: Object to form.
611
1 THE WITNESS: Couldn't have occurred at the
2 end of December because I didn't go back to the
3 Party from about -- there was some date in the
4 middle of December. I was, spent Christmas -- no.
5 MR. CHASE: Just answer the question.
6 THE WITNESS: No, I don't know the dates.
7 BY MR. SUKHIA:
8 Q Now, is it your recollection that the meeting
9 at which you said, I would like to get my lawyer on the
10 phone, was not the meeting at which Jason Gonzalez
11 asked you if you had an interest in Victory Strategies?
12 MR. CHASE: Object to form.
13 THE WITNESS: That was a different date.
14 BY MR. SUKHIA:
15 Q Did you disclose your interest in Victory
16 Strategies to the national committeemen and national
17 committeewoman of the Republican Party of Florida?
18 MR. CHASE: Object to form.
19 THE WITNESS: No, there was no need to.
20 BY MR. SUKHIA:
21 Q I didn't ask that. I asked if you disclosed
22 it.
23 A No.
24 Q Did you disclose your interest in Victory
25 Strategies to the full Executive Board of the
612
1 Republican Party of Florida?
2 MR. CHASE: Object to form.
3 THE WITNESS: No.
4 BY MR. SUKHIA:
5 Q When the subject of Victory Strategies came
6 up in your conversations with Pate and Miller, and you
7 actually brought it up and said if you have any
8 question about Victory Strategies, at that point it
9 didn't occur to you it would be appropriate -- since
10 their whole purpose for being there was to review the
11 propriety of actions -- did you not feel at that point
12 it would be appropriate to inform them affirmatively of
13 your interest in Victory Strategies?
14 MR. CHASE: Object to form.
15 THE WITNESS: No, because at that time the
16 discussions of me owning part of Victory
17 Strategies was being talked about. I believe
18 there is some information that in early December
19 somebody sent the Victory Strategies contract to
20 Gary Lee.
21 So it was a general assumption at that point
22 in time, from what I understood, that people had
23 become aware that I owned Victory Strategies. And
24 when I met with Joel and Allen, I said, do you
25 have any questions about the Victory Strategies
613
1 contract. And they said no.
2 BY MR. SUKHIA:
3 Q Okay. Let me ask you this. Isn't it true
4 that the reason you brought up Victory Strategies at
5 that time to Joel Pate and Miller is because you felt
6 and knew that you were vulnerable on that issue and --
7 MR. CHASE: Object to form.
8 BY MR. SUKHIA:
9 Q Let me the finish my question. You knew that
10 at that point they didn't know of your interest in
11 Victory Strategies?
12 MR. CHASE: Object to form and compound
13 question.
14 THE WITNESS: What's the question?
15 BY MR. SUKHIA:
16 Q Isn't it true at that point you knew that
17 they were aware of Victory Strategies, and that there
18 was a concern, not about your ownership at that point,
19 because it wasn't known, widely known, but people were
20 concerned at that point, isn't it true, because Delmar
21 Johnson -- your Executive Director -- it had become
22 known at that point that he had an ownership interest
23 in Victory Strategies?
24 MR. CHASE: Object to form. Compound
25 question. Relevance. Improper question. Assumes
614
1 facts not in evidence.
2 THE WITNESS: I simply asked them if they had
3 a question about Victory Strategies. If they had
4 had one, and if they had asked, I would have told
5 them.
6 BY MR. SUKHIA:
7 Q You said that you think it was widely known
8 of your involvement in Victory Strategies because even
9 the contract had apparently been made known to and
10 shown to Gary Lee. Who was Gary Lee?
11 A He was a County Chairman.
12 MR. CHASE: Object to form.
13 BY MR. SUKHIA:
14 Q County Chairman of the Republican Party?
15 A Yes, he was one of the gang of five.
16 Q You said you believe, though, that your
17 ownership in Victory Strategies was generally known
18 because that contract had been disclosed to Gary Lee?
19 MR. CHASE: Object to form.
20 THE WITNESS: There was all types of
21 accusations, issues relating to not only Victory
22 Strategies, but there were also people that were
23 raising the issue about Meredith O'Rourke getting
24 $30,000 a month.
25 So when I had Allen and Joel in my office, I
615
1 wanted them to look at every contract. And I
2 specifically asked them, based on my assumption
3 that they might have had a question about Victory
4 Strategies, and they said they did not.
5 BY MR. SUKHIA:
6 Q Okay. The contract with Victory Strategies
7 mentions Delmar Johnson, but it doesn't mention you as
8 having any ownership in Victory Strategies; does it?
9 MR. CHASE: Object to form. The document
10 speaks for itself.
11 THE WITNESS: It doesn't.
12 BY MR. SUKHIA:
13 Q So how is it the disclosure of that contract
14 would make people aware that you had an ownership
15 interest in Victory Strategies?
16 MR. CHASE: Object to form, and asked and
17 answered.
18 THE WITNESS: Because I think that was the
19 talk.
20 BY MR. SUKHIA:
21 Q And isn't it true that because that might
22 have been the talk, that is the reason that Jason
23 Gonzalez would have asked you what about you,
24 Mr. Chairman, do you have an ownership interest in
25 Victory Strategies?
616
1 MR. CHASE: Object to form.
2 THE WITNESS: Well, the day Jason Gonzalez
3 asked me that, he asked me that in front of
4 non-RPOF employees that had no business being
5 involved in that discussion, other than the fact
6 they were participants in the discussion about
7 suppressing voters that had immediately occurred
8 before.
9 They were not involved in any contractual
10 issues with RPOF. And it was a broader discussion
11 of all the other things that were going on out
12 there.
13 BY MR. SUKHIA:
14 Q And when you had that conversation with them,
15 you discussed with them, and there was discussion in
16 that conversation about Delmar's ownership in Victory
17 Strategies, was there not?
18 A Absolutely not.
19 MR. CHASE: Object to form.
20 THE WITNESS: Delmar's name was not even
21 mentioned.
22 BY MR. SUKHIA:
23 Q Let me ask you this. It is a confidentiality
24 provision that you entered into that talks about not
25 disclosing the contents of the agreement between
617
1 Victory Strategies and the RPOF.
2 What does disclosing your ownership interest
3 in a company called Victory Strategies, how does that
4 compromise or disclose information about the contract
5 between RPOF and Victory Strategies?
6 MR. CHASE: Object to form, and asked and
7 answered.
8 THE WITNESS: I don't know.
9 BY MR. SUKHIA:
10 Q Now, you said that you sold a business, both
11 of your businesses to the Florida Restaurant
12 Association; is that correct?
13 A That's correct.
14 Q How much did you sell it for?
15 MR. CHASE: Object to form.
16 THE WITNESS: I don't recall because I had
17 partners in that firm. They got some of the
18 proceeds. I don't recall what the exact number
19 was.
20 BY MR. SUKHIA:
21 Q Well, how about a rough number?
22 MR. CHASE: Object to form.
23 THE WITNESS: I think it was over a million
24 dollars.
25 BY MR. SUKHIA:
618
1 Q Did you ever tell people that you sold it for
2 $17 million?
3 A Absolutely not.
4 MR. CHASE: Object to form.
5 BY MR. SUKHIA:
6 Q Did you ever tell anybody when you sold that
7 you concealed information about the business and got
8 something over on the people who bought it?
9 MR. CHASE: Object to form.
10 THE WITNESS: Absolutely not.
11 BY MR. SUKHIA:
12 Q Did you ever at another point tell people
13 that you received $3 million?
14 A Absolutely not.
15 MR. CHASE: Object to form.
16 THE WITNESS: I think I was asked about
17 selling it. I think George LeMieux asked me one
18 time about selling it, but I don't think we ever
19 talked about how much.
20 BY MR. SUKHIA:
21 Q How is it that you were paid for that?
22 MR. CHASE: Object to form.
23 THE WITNESS: What do you mean?
24 BY MR. SUKHIA:
25 Q Were you paid in one lump sum or were you
619
1 paid in monthly payments?
2 MR. CHASE: Object to form.
3 THE WITNESS: I don't recall.
4 BY MR. SUKHIA:
5 Q And you sold it after you became Chairman --
6 MR. CHASE: Object to form.
7 BY MR. SUKHIA:
8 Q -- of the Republican Party?
9 A I did.
10 Q Sometime in 2007?
11 A I did.
12 MR. CHASE: Object to form.
13 BY MR. SUKHIA:
14 Q You don't recall how you were paid, whether
15 you were paid by lump sum, or paid in payments?
16 MR. CHASE: Object to form.
17 THE WITNESS: I think one company was paid in
18 payments and one was paid in one lump sum, but I
19 don't recall.
20 BY MR. SUKHIA:
21 Q And you don't recall the lump sum you were
22 paid?
23 MR. CHASE: Object to form.
24 THE WITNESS: No.
25 BY MR. SUKHIA:
620
1 Q Do you have any rough idea of the lump sum
2 you were paid?
3 MR. CHASE: Object to form.
4 THE WITNESS: No.
5 BY MR. SUKHIA:
6 Q Do you have an idea of the monthly payments
7 you were paid for that?
8 MR. CHASE: Object to form.
9 THE WITNESS: No.
10 BY MR. SUKHIA:
11 Q Do you know when the payments would have been
12 made for that sale --
13 MR. CHASE: Object to form.
14 BY MR. SUKHIA:
15 Q -- to you from the Florida Restaurant
16 Association or to anyone, any of your companies or
17 however it might have been structured?
18 MR. CHASE: Object to form.
19 THE WITNESS: I don't recall.
20 BY MR. SUKHIA:
21 Q You don't recall?
22 A I don't recall.
23 MR. CHASE: Can we take a break?
24 (Brief recess.)
25 MR. CHASE: We are back on. Ken, he is a
621
1 little gun shy about giving like long narrative
2 answers. And so he doesn't know the exact
3 answers, so he is telling you he doesn't know. He
4 can, he can tell you about what he does know. But
5 it is like in a narrative.
6 So he is just, I think he is probably getting
7 tired because it is late in the day. If you want
8 to ask some of those questions again, I think he
9 can give you a better answer if you ask him to
10 kind of explain what you do know about it.
11 BY MR. SUKHIA:
12 Q Okay. Well, let's go back to the lump sum.
13 You said you believe you were paid, one of them was a
14 lump sum.
15 A Yes.
16 Q I asked you if you could tell me generally
17 how much that was.
18 A I think the lump sum was about a million
19 seven. Maybe, it was between a million and a
20 million -- one company was sold for I think a million
21 dollars. One company was sold for a different amount.
22 And then they paid me $10,000 a month over four years.
23 Q Okay. Who was the "they"?
24 A The Florida Restaurant Association.
25 Q Okay. Is that, is that different than the
622
1 consulting monies you were receiving? I believe you
2 testified 7,500 a month, maybe it was 8,000 a month?
3 A I think --
4 MR. CHASE: Object to form.
5 THE WITNESS: It was part of the sales
6 agreement, but they structured it so it would
7 appear as a consulting payment.
8 BY MR. SUKHIA:
9 Q Well, was that one in the same? What I'm
10 trying to determine is you said that they, as part of
11 this sale you received 10,000 a month for a period of
12 time.
13 A Yes.
14 Q In your testimony, you testified that the
15 Florida Restaurant Association was paying you for
16 consulting and hotel restaurant services. You
17 testified to I believe $8,000 a month.
18 MR. CHASE: Object to form. Everybody slow
19 down. Please. Object to form on both that
20 question and the whole line of questions. If I
21 missed one then, of course, the objection is
22 relevance again. But I'm objecting to form on all
23 of these questions.
24 BY MR. SUKHIA:
25 Q I'm trying to determine whether you received
623
1 monthly payments, two sets of monthly payments.
2 A No, one.
3 Q You received one?
4 MR. CHASE: Object to form. Jim, you've got
5 to let me get my objection in.
6 THE WITNESS: I'm sorry.
7 BY MR. SUKHIA:
8 Q And your best recollection today is it was
9 10,000?
10 MR. CHASE: Object to form.
11 THE WITNESS: It was between eight and
12 $10,000 a month.
13 BY MR. SUKHIA:
14 Q And how long were those payments supposed to
15 --
16 MR. CHASE: Object to form.
17 BY MR. SUKHIA:
18 Q -- be received?
19 A I believe it was four years.
20 BY MR. SUKHIA:
21 Q And are you still receiving those?
22 MR. CHASE: Object to form.
23 THE WITNESS: No.
24 BY MR. SUKHIA:
25 Q Oh, that's correct, but did you receive them
624
1 all? Did it come through --
2 MR. CHASE: Object to form.
3 BY MR. SUKHIA:
4 Q -- as promised?
5 A Yes.
6 Q You indicated that you feel that, you know,
7 you've had financial difficulties. You said one of
8 your credit cards were overdrawn, and so forth, since
9 you left as the Chairman.
10 Isn't it true that you had, despite the
11 income you testified about, that you had personal
12 financial problems before you left as the Chairman?
13 MR. CHASE: Object to form.
14 THE WITNESS: No.
15 MR. SUKHIA: What is the objection?
16 MR. CHASE: Financial problems before he left
17 as Chairman? How is that relevant? Okay, I'm
18 with you. I'm sorry. I will withdraw the
19 objection.
20 BY MR. SUKHIA:
21 Q You said no?
22 A No.
23 Q Were you not overdrawn on your bank accounts
24 during the time you were at the, had your Chairmanship?
25 A I had a relationship with the bank that,
625
1 because of me being in Tallahassee and traveling, that
2 the bank officers would -- if there wasn't sufficient
3 funds, would pay any and all of my checks, knowing that
4 either I had my paycheck or wiring coming in. But I
5 had a considerable amount of money personally at Morgan
6 Stanley.
7 So the issue of the bank accounts that I read
8 and heard about and this thing, this issue that has
9 been created, I simply had a relationship with my bank
10 that if a check came in, they knew to pay it.
11 And they knew that either I would transfer
12 money in or my paycheck would come in. And I have
13 spoken to the bank officers who have told me that that
14 is not a correct statement, this perception that has
15 been created about my financial circumstances.
16 And they have told me that they told people
17 that. So I was not in financial difficulty. I had a
18 considerable amount of money in Morgan Stanley that I
19 could have transferred at anytime if I needed to.
20 Q Isn't it true that you incurred substantial,
21 excessive gambling losses as a result of even just one
22 trip that you took to Vegas?
23 MR. CHASE: Object to form.
24 THE WITNESS: I'm not sure what gambling,
25 what excessive losses would be; but the answer to
626
1 that is no. And I'm sure there is a way to show
2 that I haven't substantiated major gambling losses
3 to Vegas.
4 BY MR. SUKHIA:
5 Q Okay. So is it not true that during one
6 session of about an hour you lost $30,000?
7 MR. CHASE: Object to form. My apologies.
8 Absolutely not.
9 BY MR. SUKHIA:
10 Q How much did you lose? Was it more than
11 10,000?
12 MR. CHASE: Object to form.
13 THE WITNESS: No.
14 BY MR. SUKHIA:
15 Q Was it more than 5,000?
16 MR. CHASE: Object to form.
17 THE WITNESS: I don't know because I never
18 took much money with me. I think the most I ever
19 took to Vegas one time was $5,000.
20 BY MR. SUKHIA:
21 Q Were you getting the money off of a credit
22 card --
23 MR. CHASE: Object to form.
24 BY MR. SUKHIA:
25 Q -- when you were gambling?
627
1 THE WITNESS: No, most of the time I either
2 took it with me -- cash or check from my bank.
3 MR. DOBSON: Is this a good time to break?
4 (Discussion off the record.)
5 MR. DOBSON: It is late on Friday before
6 Memorial weekend. All the parties have agreed to
7 suspend the deposition, and we will continue it at
8 another time.
9 And we are going do everything in our power
10 to schedule other depositions around Mr. Greer, so
11 they won't have to make more than one trip, more
12 than one deposition.
13 MR. CHASE: Sounds good.
14 (Whereupon, the taking of the deposition was
15 recessed at 3:14 p.m. Reading and signing were not
16 waived.)
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628
1 C E R T I F I C A T E
2 STATE OF FLORIDA
3 COUNTY OF LEON
4
5 I, PEGGY L. OWENS, Registered Professional
6 Reporter, at Tallahassee, Florida, do hereby certify as
7 follows:
8 That I correctly reported in shorthand the
9 foregoing proceedings at the time and place stated in
10 the caption hereof:
11 That I later reduced my shorthand notes by
12 computer-aided transcription, or under my supervision,
13 and that the foregoing pages 564 through 627 both
14 inclusive, contain a full, true, and correct transcript
15 of the proceedings on said occasion:
16 That I am neither of kin, nor of counsel, to any
17 parties involved, nor am I financially interested in
18 this action.
19 THIS the 5TH day of June, 2012.
20____________________________
21 PEGGY L. OWENS Registered Professional Reporter
22 Registered Merit Reporter
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629
1 CERTIFICATE OF OATH
2
3 STATE OF FLORIDA
4 COUNTY OF LEON
5
6 I, Peggy L. Owens, Registered Professional
7 Reporter, Notary Public, State of Florida, certify that
8 JAMES A. GREER personally appeared before me on the
9 25TH day of May, 2012, and was duly sworn.
10 Signed this 6TH day of June, 2012.
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16 _________________________________________
17 PEGGY L. OWENS, Registered Professional Reporter
18 Notary Public - State of FloridaMy Commission No. EE 88005
19 Expires: 8-23-15
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630
1 VOLUME 4 ERRATA PAGE *
2 Corrections to the deposition of JAMES A. GREER, takenin the case of Greer v. RPOF, et al. on 5/25/12.
3
4 Page / Line Correction
5 ____________ ___________________________________
6 ____________ ___________________________________
7 ____________ ___________________________________
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14 ____________ ___________________________________
15 ____________ ___________________________________
16 ____________ ___________________________________
17 ____________ ___________________________________
18
19 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVEREAD MY DEPOSITION AND THAT IT IS TRUE AND CORRECT
20 SUBJECT TO ANY CHANGES IN FORM OR SUBSTANCE ENTEREDHERE.
21__________ ___________________________
22 DATE SIGNATURE OF DEPONENT
23 *(PLEASE RETURN THE ORIGINAL OF THIS SHEET TO MR.LeBOEUF WITH A COPY TO MR. DOBSON & MR. SUKHIA BY
24 7/15/12. DO NOT SEND A COPY TO THE REPORTER.)
25
1 PEGGY OWENS & ASSOCIATESCourt Reporters
2 Post Office Box 13502Tallahassee, Florida 32317
3 (850) 222-6010 4 June 5, 2012
5
6 JAMES A. GREERc/o Damon Chase, Attorney
7 1525 International ParkwaySuite 4021
8 Lake Mary, Florida 32746
9 IN RE: Greer v RPOF, Haridopolos & Thrasher
10 Dear Mr. Greer:
11 Please be advised that your deposition
12 taken in the above-styled cause has been transcribed.
13 Pursuant to Florida Rules of Civil Procedure 1.310(e),
14 since you did not waive reading and signing, please
15 contact my office to make arrangements before 7/15/12
16 If I do not hear from you by the
17 aforementioned date, reading and signing of your
18 deposition will be considered waived.
19
20 Sincerely,
21
22 PEGGY OWENS, RMRRegistered Professional
23 Reporter
24 cc. Mr. LeBoeufMr. Dobson
25 Mr. Sukhia
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19 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVEREAD MY DEPOSITION AND THAT IT IS TRUE AND CORRECT
20 SUBJECT TO ANY CHANGES IN FORM OR SUBSTANCE ENTEREDHERE.
21__________ ___________________________
22 DATE SIGNATURE OF DEPONENT
23 *(PLEASE RETURN THE ORIGINAL OF THIS SHEET TOWITH A COPY TO BY . DO NOT SEND A COPY TO THE
24 REPORTER.)
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