Preview
* Temporary Restraining Order on July 7, 2008. Plaintiff alleges that Defendants violated the
@ e Filed !
09 February 24 P4:18
Fitzsl
Datla Cok
Dallas District
NO. 08-07512 Syulend ame”
STATE OF TEXAS, IN THE DISTRICT COURT !
Plaintiff,
|
vs. DALLAS COUNTY, TEXAS :
ESTHER MEDICAL INSTITUTE
INC. d/b/a/ ESTHER MEDICAL
TUTORIAL & NURSING REVIEW
CENTER and ESTHER OLERU and
TOBECHI OLERU, Individually,
DUO? UP LO? UP CO? CO? LO? WOT EP EP UP?
Defendants. 298"! JUDICIAL DISTRICT
DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD
PARTIES
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW DEFENDANTS and file this Motion for Leave to Designate Responsible
Third Parties pursuant to TEX. Civ. PRAC. & REM. CODE § 33.004. Defendants request the Court
grant leave to designate the following person and entity as a responsible third party in this cause of
action.
1.
BACKGROUND
Plaintiff filed its Original Petition for Injunctive Relief and Civil Penalties and for
Texas Education Code and Texas Deceptive Trade Practices Act. Defendants deny Plaintiff's
allegations as more specifically set forth in Defendants’ respective answers on file herein.
DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES Pace!II.
EVIDENCE OF RESPONSIBILITY
The discovery in this case shows that Dr. Stanley Jean, Dr. Frank Benechi, Marie
Antoine, and ATCI Medical Institute LLC, are clearly responsible third parties for the matters
complained of by Plaintiff. Dr. Stanley Jeans involvement began in February of 2007.' Mrs.
Esther Oleru talked to Dr. Stanley Jean in February of 2007 via telephone and met him for the
first time in March of 2007 in Houston? At this meeting, Mrs. Oleru met with Dr. Stanley Jean
and Dr. Frank Benechi.? Dr. Stanley Jean advised the people at the meeting as to how his school
operated and provided them information related to his new school in Houston.‘ Dr. Stanley
further advised Mrs. Oleru that if she could get other students, he could help them get nursing
licenses.”
Once Mrs. Oleru returned from the meeting, she began recruiting students for Dr. Stanley
Jean.’ After recruiting students, Dr. Stanley Jean traveled to Dallas, Texas and visited with the
students.’ Dr. Stanley Jean provided the students details about the operation of his school in
Atlanta and how he could help them do a correspondence program from Dallas.’ He advised all
of the students that he had been running his school in Atlanta for five years and that he had
students pass the exam with no problem? He also advised them that at the end of nine months,
he would set them up for the NCLEX exam."
Additionally, during Mrs. Olerv’s initial conversations Dr. Stanley Jean, he advised Mrs.
' See excerpts from DEPOSITION TRANSCRIPT OF MRS. ESTHER OLERU, Page 8 Lines 22-25 attached hereto as
Exhibit “A.”
7 Id, at Page 8 Lines 22-25.
3 4d, at Page 10 Lines 14-24.
“Id. at Page 11 Lines 1-25.
3 Id, at Page 11 Lines 24-25 and Page 12 Lines 4-9.
§ fd. at Page 12 Lines 14-22.
7 Id. at Page 12 Lines 23-25 and Page 13 Lines I-11.
5 id at Page 13 Lines 5-25.
9 Id, at Page 13 Lines 12-17.
10 Id at Page 13 Lines 18-23.
DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES Pace 2.
Oleru that a foreign school would provide transcripts to the students.!' Mrs. Oleru did not know
how Dr. Stanley Jean would set up the students for the NCLEX exam.'? Documentation between
Mrs, Oleru and Dr. Stanley Jean provided for the arrangement.'? Mrs. Oleru and Dr. Stanley
Jean's arrangement consisted of Mrs. Oleru of getting the students, the premises, and the
teachers, and Dr. Stanley Jean would supply the curriculum and the books as well as setting the
students up for the NCLEX exam.'* Indeed, there was a written agreement which was entered
into by Esther Medical Tutorial and Nursing Review Center signed by Dr. Stanley stating that
ATCI Medical Institute LLC, represented by Dr. Stanley, “[I]s responsible to furnish the
curriculum and register them to the State board in corporation with the affiliate accredited school
necessary and get them accurate information.”'> Finally, Dr. Stanley Jean provided the students
his phone number so that they could contact him if they had any questions. 6
The compensation received by Dr. Stanley Jean, Dr. Frank Benechi, Marie Antoine, and
ATCI Medical Institute also clearly indicates that they are responsible third-parties to this suit.
Dr. Stanley Jean, Dr. Benechi, and Marie Antoine took in a total of $272,000, while Mrs. Esther
Oleru took in approximately $21,000 after the expenses for the operation of the facility.'? Dr.
Stanley Jean went so far that he advised a student that Mrs. Oleru had not made some payments
so that Mrs. Oleru would give him even more money.'® Marie Antoine helped Dr. Stanley Jean
with the student files.'? Dr. Benechi would take trips to Haiti in order to communicate with the
"' Id. at Page 16 Lines 5-24.
'? fd. at Page 23 Lines 1-7.
"" id at Page 23 Lines 8-9.
"fd at Page 18 Lines 15-20; Page 21 Lines 3-9; Page 22 Lines 20-25.
'S See Exhibits 3 and 4 to the DEPOSITION TRANSCRIPT OF MRS. ESTHER OLERU attached hereto as Exhibit “B.”
'§ See DEPOSITION TRANSCRIPT OF MRS. ESTHER OLERU at Page 42 Lines 5-9.
"Id at Page 92 Lines 17-25; Page 93 Lines 1; Page 108 Lines }-17.
Wig at Page 100 Lines 10-25; Page 101 Lines 1-6.
'? fd at Page 103 Lines 1-4,
DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES Pace 3university and performed other things for the school in Atlanta. Dr, Benechi had connections
with the Haiti school while Dr. Stanley Jean had connections with the Jamaica school.?!
Consequently, Dr. Stanley Jean, Dr. Frank Benechi, Marie Antoine, and ATCI Medical
Institute LLC, are responsible third parties and should be designated as such in accordance with
Section 33.004 of the Tex. Civ. PRAC. & REM. CODE.
OL
DESIGNATION OF RESPONSIBLE THIRD PARTIES
Accordingly, the following persons and entity are designated as Responsible Third Parties
in accordance with the meaning of Tex. Civ. PRAC. & REM. CODE § 33.004.
1. Dr. Stanley Jean;
2. Dr. Frank Benchi;
3. Marie Antoine; and
4. ATC] Medical Institute LLC.
Iv.
REQUEST FOR LEAVE TO DESIGNATE
Pursuant to TEX. Civ. PRAC. & REM. CODE § 33.004 Defendants request that this Court
grant leave to designate Dr. Stanley Jean, Dr. Frank Benechi, Marie Antoine, and ATCI Medical
Institute LLC, as responsible third parties. Based upon the discovery and pleadings, evidence
exists to support a finding that the foregoing individuals and entity should be designated as
responsible third parties.
v.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants respectfully pray that this Court
Fd. at Page 103 Lines 16-22.
21 Jd. at Page 103 Lines 23-25; Page 104 Lines 1-2.
DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES Pacesgrant Defendants’ Motion for Leave to Designate a Responsible Third Parties and that the parties
are so designated as a responsible third parties. The Defendants pray that they receive such other
and further relief, general and special, at law and in equity, to which they are entitled.
Respectfully submitted by:
AIN F."WIN
State Bar No. 240
DAVID P. RAY III
State Bar No. 24027766
WINOCOUR | RAY
9400 N. Central Expressway, Suite 1204
Dallas, Texas 75231
(214) 575-6060
(214) 575-6220 (FAX)
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
A true and correct copy of the above and foregoing document was served on counsel of
record for Plaintiff via facsimile on this 24th day of February, 2009.
DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES PacesEXHIBIT ACAUSE NO. 08-07512
STATE OF TEXAS, IN THE DISTRICT COURT OF
PLAINTIFF
VS.
ESTHER MEDICAL INSTITUTE INC. OF DALLAS COUNTY
D/B/A ESTHER MEDICAL TUTORIAL &
NURSING REVIEW CENTER AND
ESTHER OLERU AND TOBECHI OLERU,
INDIVIDUALLY,
DEFENDANTS 298™ JUDICIAL DISTRICT
Ce
ORAL DEPOSITION OF ESTHER OLERU
NOVEMBER 4, 2008
ORIGINAL
TOBI MORELAND, CSR DALLAS, TEXAS
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STATE OF TEXAS, IN TEE DISTRICT COURT OF
‘ Plaintiff
vs.
ESTHER MEDICAL INSTITUTE
INC., d/b/a ESTHER MEDICAL
TUTORIAL & NURSING REVIEW
CENTER AND ESTHER OLERU AND
TOBECHI OLERU, INDIVIDUALLY
Defendants
)
)
)
)
)
)
) DALLAS COUNTY, TEXAS
)
)
)
)
)
) 298TH JUDICIAL DISTRICT
ORAL DEPOSITION OF
ESTHER OLERU
VOLUME 1
NOVEMBER 4, 2008 . DALLAS, TEXAS@ Esther Oleru 11-04-200 Page 2 of 157
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1 APPEARANCES
. 2
foi FOR THE PLAINTIFF: 1
3 :
TEXAS ATTORNEY GENERAL'S OFFICE |
4 CONSUMER PROTECTION DIVISION
1412 Main Street, Suite 810 1
5 Dallas, Texas 75202
Phone: (214) 969-7639
6
By: Mr. Steven Robinson, ,Asst. Attorney General
7 State Bar No. 24046738
8 - And -
9 Ms. Madalyn S. Welis, Asst. Attorney General 1
10
11) FOR THE DEFENDANTS:
12 WINOCOUR RAY
9400 North Central Expressway, Suite 1204
. 13 Dallas, Texas 75231 :
oy Phone: (214) 575-6060 I
tae 14
By: Mr. Jonathan Winocour, Esq.
15
= And -
16
Mr. David P. Ray, III, Esq.
17
* *” * * *
18 ORAL DEPOSITION OF ESTHER OLERU, produced as
19] a witness at the instance of the PLAINTIFF, and duly
20| sworn, was taken in the above-styled and numbered cause on
21|) November 4, 2008, from 10:10 a.m. to 2:30 p.m., before
22] Tobi Moreland, CSR in and for the State of Texas, at the
23| law offices of Winocour Ray, 9400 Central Expressway,
24| Dalles, Texas, pursuant to the Texas Rules of Civil
3 25] Procedure.
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INDEX
APPCALANCES. . oe eee cece e eee eee ee tee ete tee ete ee eee
Corrections and Signature Page..
Reporter's Certificate... ..... cece eee eee ee eee eee
EXAMINATION BY MR. ROBINSON... ..... eee eee ee eee eee
EXAMINATION BY MR. WINOCOUR.......-
EXAMINATION BY MR. ROBINSON..........2 2 eee eee eens
EXHIBITS
NO. DESCRIPTION
1 Notice of DepoSition.... ce eee e reece ence eer eee
2 BUSINESS CAL... c cee ee eee eee eee ee eee teeta
3 p-Neba-1_).\-) 08 a
4 Handwritten NOteS.... cee e eee eee e ewer ee ee eens
5 Student Filer... ce cece eee ee ee eee eee eee
6 File of Angela Onyekwere.....eeeee eee ereneaee
7 List of Drop Out Students.......-.. eee eee ee eee
PAGE
135
137
110
132
PAGE
16
23
47
80
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1 ESTHER OLERU,
2| having been first duly sworn, testified as follows:
3 EXAMINATION
4) BY MR. ROBINSON:
5 Q. My name is Steve Robinson. I'm an Assistant
6] Attorney General with the State of Texas from the Consumer
7| Protection Division representing the plaintiff in this
8] suit. Could you state and spell your name?
9 A. My name is Esther Oleru, Esther Tewo Oleru. My
10] first name is Esther. My middle name is Tewo, T-E-W-O,
11] then the last name is Oleru, O-L-E-R-U.
12 Q. Have you given a deposition before?
x 13 A. No.
( )
7 14 Q. Okay. The stenographer is taking down
15| everything we say, so it will be important for you and I
16| to try not to talk over each other. If a question
17| requests a yes or no answer, please make an audible yes or
18] no rather than a shaking of the head or uh-huh or
19] something of that nature so that the stenographer can
20| record your answer.
21 A. Okay.
22 Q. You've sworn to tell the truth today. Your
23| testimony has the same force and effect as if you're
24| testifying in court. Is there any reason why you think
25| that you would be unable to give truthful answers today?
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A. No. 15. I've produced copies of schedules and
catalogues for No. 16.
MR. WINOCOUR: Let me just clarify with
regards to No. 15, you have actually produced an
application for licensing?
THE WITNESS: Yes.
MR. WINOCOUR: But you don't have any
applications for exemption. Clearly that information
would be more readily available through the TWC.
A. These, I don't have any flyers, brochures,
No. 17. I did have a website, but I shut it down when I
went for the hearing in February.
MR, WINOCOUR: We don't have documents
responsive to No. 18. There are obviously copies of
checks presented to students who requested refunds, and I
believe some receipts of funds documentation, too.
Q. (By Mr. Robinson) With those formalities out of
the way, are there any documents, aside from those that
we're waiting on the accountant to provide, that you are
refusing to provide in response to this notice?
A. No.
Q. Let's start at the beginning. When did you
first meet Stanley Jean?
A. I first spoke to him in February of 2007. I met
with him in person in March in Houston.
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Q. Was he starting a school there?
A. That's what I believe, yeah.
Q. And this meeting in Houston, this was the March
meeting you referred to?
A. Yes.
Q. Okay. And where did you meet with him in
Houston?
A. I met with him in a guy's house, a family house.
I don't remember the street address, but we were directed
there. I and my husband went there. My husband drove me.
Q. Do you have any records now that would give us
that street address?
A. No, sir.
Q. And what happened at that meeting in March?
A. At that meeting, there were other -- he was
there, and his assistant, Dr. Benechi, was there,
Dr. Frank Benechi. Dr. Stanley was there, and then -this
gentleman with his wife, and then there were other people
there, I assume prospective students.
Q. You referred to his partner, a Dr. Frank
Benechi?
A. Yes.
Q. How would we spell that, do you know?
A. B-E-N-E-C-H-1.
Q. And I understand that Mr. Stanley also referred
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to himself as a doctor; is that correct?
A. Yes, sir.
Q. And do you know whether or not he and
Dr. Benechi were actually doctors?
A. Well, I know that they have said, yes, that
we're doctors. They went to -- they are foreign doctors.
Q. And what did you learn at that meeting?
A. I learned at that meeting that there were
already a school that was starting in Houston. That's why
he was there. While I was there, he was just talking to
the students and letting them know how his school
operates.
Q. What was the name of that Houston school?
A. At the time I was there, they had not even had
the building or the name, so I have no clue.
Q. Do you know if they eventually operated a school
there in Houston?
A. I heard that they started because he went to
Houston a couple of times and called me from Houston.
Q. Do you know where that school in Houston was?
A. No, sir.
Q. Did you attend his school in Houston?
A. No, sir.
Q. And what did you and Dr. Stanley decide to do at
that time at that meeting in March?
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A. At-that meeting --
MR. WINOCOUR: Objection, form. You can
answer.
A. At that meeting, he now told me that if I can
get other students -- that he doing it for me alone, it's
possible he could work with me to do it, but it's going to
cost him more money. But if I can get other students to
go along with me, he will help us to get the nursing
license.
Q. (By Mr. Robinson) And so what did you do in
response?
A. In response, what do you mean? In response
to --
Q. Did you then begin recruiting students for him?
What happened at that time?
A. At that time when I came back, I now talked to
the people that I first got his information from in my
church. I said I met with him and he said he's going to
help, but if I can get more students to go along with me,
he will come down and help start the program. So now the
members of my church now tell their friends, and that's
how I got the students I needed.
Q. And once you had these names of prospective
students, what happened?
A. He came down. I called Stanley and said I
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have ---at that time, I had 24 students. Yes, he now came
down.
Q. By that, you mean to Dallas?
A. Yeah, to Dallas.
Q. And did what when he came down?
A. When he came down, he spoke to the students and
said, yes, he had a school in Atlanta and that what he's
going to do is help us do the correspondence program here.
He will provide all the things we need if I will get the
teachers, the gualified teachers, to teach, and then he
will set us up for the NCLEX exam.
Q. What did he tell you about his schools?
A. He told me -- at that time he only told me about
the school in Atlanta and the one he started in Houston.
He said the one in Atlanta, he's been running it for five
years now at that time and that he had had students pass
the exam with no problem.
Q. What else did he tell you about how he operated
the schools and how they worked?
A. He said that it's a two-day class. Some
students come Tuesday, Thursday, then Monday, Wednesdays.
He says at the end of the nine months, he sets them up for
NCLEX.
Q. Do you know where his school in Georgia was?
A. Yes.
Integrity Legal Support SolutionsP Oleru 11-04-2009 Page 16 of 157 |
|
1
1] mark that business card since we're talking about it on
2] the record. We'll mark it as 2.
3 (DEPOSITION EXHIBIT NO. 2
WAS MARKED FOR IDENTIFICATION. }
4
5 Q. (By Mr, Robinson) At that time of your initial
6| conversations with Dr. Stanley Jean, did he tell you about
7| his connections with Jamaica?
8 A. Yes. He told me that the National Academy in
9| Jamaica, he's trying to work out a credential program with
10| them where his school, the school in Atlanta, can -- the
11] students can go to Jamaica and students from Jamaica can
12{ come to Atlanta.
c 13 Q. Okay. Did he tell you that Jamaica would be
ad 14] providing diplomas or transcripts? i
i
15 A. Yes, sir. Yes, sir. |
16 Q. And how would that work? |
17 A. From what he told me, he said they will be
18] mailed to him or he will go pick them up.
Ag Q. And where was he getting them from?
20 A. From Jamaica.
21 Q. Okay. And do you know who at this National
22| Academy he was getting diplomas and transcripts from?
23 A. I believe from the school, from the
24!) administrative department.
25 Q- Do you know names associated with that school
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that was run by. Dr. Stanley Jean, not the name of. your
school.
A. He was the -- I was the one running the school,
but actually he's the one that oversees that the students
get, you know, enrolled for NCLEX.
Q. (By Mx. Robinson) So the school that you were a
student of was Esther Tutorial?
A. Yes, sir.
Q. And when did Esther Tutorial and Nursing Center
begin business?
A. May the 7th, 2007.
Q. And this was a partnership between you and
Dr. Stanley Jean?
A. Yes, sir.
Q. What was the financial arrangement?
A. The financial arrangement was that I will get
the student, get the premises, get the teachers, qualified
teachers to teach. He will -- he would supply the
curriculum and the books as well as setting the students
up for the NCLEX exam.
Q. Were there any other ownership parties aside
from you and Dr. Stanley Jean?
A. No, sir.
Q. What is Uzuba Education?
A. Uzuba Education is the nurse aide program that
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one-month course?
A. Yes.
Q. All right. Aside from getting the students and
getting the teachers, what other duties did you have in
your agreements with Stanley Jean?
A, That was the only agreement I had with him.
Q. So your only responsibilities were to get
students and get teachers?
A. Yes, sir.
Q. What was your job title?
A. Program coordinator, program director.
Q. You mentioned earlier there were not any other
ownership parties; is that correct?
A. Yes, sir.
Q. Were there any other parties to the agreement?
A. No, sir.
Q. Who is Teobechi Oleru?
A. That's my son.
And what is his role in Esther Medical?
» oO
. He has no role in Esther Medical Institute.
Q. To clarify for the record, Esther Medical
Institute, Incorporated, owned Esther Tutorial and Nursing
Center, correct?
A. Yes, sir.
Q. And did Tobechi Oleru have any role in Esther
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Or ere Oleru 11-04-2008 Page 22 of 157
Medical Institute, Incorporated?
A. Well, he -- I-put his name there as one of the
directors; but legally, he doesn't come to the office or
have -- I don't know the right word to use -- any of the
business or work that I do there.
Q. So he's named as a director in paperwork but has
no working role in the corporation; is that correct?
A. No working role in the corporation, no, sir.
Q. Does he have any financial stake in the school?
A. No, sir.
Q. Okay. Has he at any point received any payments
of any kind, whether to a trust or otherwise, from the
school's profits?
A. No, sir.
Q. Okay. How old is Tobechi Oleru?
A. He's 14, 14 years.
Never held a job of any sort at the school?
A. No, sir.
Q. All right. Aside from -- well, let me rephrase.
Strike that. What were Stanley Jean's duties in the
agreement?
A. In the agreement, it was that he was going to
furnish the curriculum, the books, and then set the
students up for NCLEX, for the students to get the
accreditation.
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Q. And how would he set them up for the NCLEX?
A. He sets them up with different -- he was the one
that provides the transcript from the accredited
university, and he set them up with NCLEX from the
different states.
Q. Do you know how he did that?
A. The setting, no.
Q. Okay. Do you have any documentation of your
financial agreement with Stanley Jean?
A. These ones that I have here that I showed you.
MR. WINOCOUR: Just for clarification, I
believe these have already been provided. If you want to
mark them as exhibits to the deposition, the only thing I
have a concern about is that we have an opportunity to
retain these, so we're going to need to make some copies
at the end of the deposition, if that's okay with you.
MR. ROBINSON: Let's go off the record.
(Discussion Off The Record.)
(DEPOSITION EXHIBIT NOS. 3 AND 4
WERE MARKED FOR IDENTIFICATION.)
Q. (By Mz. Robinson) We have marked as Exhibit
No. 3 and Exhibit No. 4 -- could you identify 3 and 4 for
us?
A. Yes, sir.
Q. And what are they?
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the past, so he showed it to the students that, see, he
can set them up for the exam, that that's not the problem;
that the problem is for them to make sure they come to
class and study.
Q. Aside from the April 2007 meeting and the
August 2007 meeting, did Stanley Jean have any other
contact with the students?
A. He give them his phone number so the students
can call him if they had any questions.
Q. Were there any other on-site visits from Stanley
Jean?
A. No, sir.
Q. What information did you request from students
in the application process?
A. For which of the program? For the L.V.N.?
Q. Let's start with the L.V.N. program.
A. For the L.V.N., they have to have a C.N.A.
license, have some background of nursing already.
Q. Did all the L.V.N.s have a C.N.A. license?
A. Not all of them. Some already were students
that were in other programs and were dropped out, so those
students, we took them. And students that were already
college graduates but wanted to switch into the nursing
background.
Q. And what other programs are you referring to
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teacher
A.
Q.
A.
an hour
Q.
A.
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Pp ©
Q.
your school?
A.
Q.
A.
Q.
Jean's cut and your payments to employees and rent?
A.
Q.
And who's responsible for paying that?
~T am.
The school have any other costs aside. from
salaries and rent?
Telephone, internet bills.
What were the other employees paid?
Sandra makes $15 an nour, and Ashley makes $10
as a receptionist.
Was Sandra Godfrey full time?
Yes.
And Ashley, what was her name again?
Ashley Jones, full time.
She was full time as well?
Yes.
And by full time, 40 hours a week, thereabouts?
Yes.
How much did Stanley Jean take in total from
In total is 272,000.
272,000?
Yes, sir.
And how much did you take in after Stanley
About 21,000.
For the total operation of the school?
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Q.
A
Yes.
Did you set up payment plans for the students?
Yes.
And how did that work?
Okay. We use the same payment plan Stanley used
in Georgia, so it's a monthly payment plan.
Q.
A.
Q.
set up?
A.
And how much did they pay per month?
The first down payment was $2,000.
And when was that due?
The first day they come in, the first.
First day -~
That class begins.
-- of class?
Yeah.
And then after that, how were the installments
The remaining balance of 5,500 was broken down
to 687.50, which some of them would pay 700, just make it
round figure, 700 every month.
Q.
A.
o
A.
That would be for the L.V.N. students, correct?
Yes.
How about for the R.N. students?
The R.N.s I believe is $3,000 down payment, and
they made a payment of 950, I believe.
Q.
Did you help to arrange for tuition financing?
Integrity Legal Support Solutions@trer oleru 11-04-2008 @ Page 100 of 157
A. Paid to Stanley.
Q. Stanley Jean was given the total of all that
money?
A. Yes, sir.
Q. And do you have financial documents reflecting
that?
A. Yes, sir.
Q. So you have bank records that show that?
A. Yes, sir.
Q. If Stanley Jean was contracted to receive less
than 50 percent of the tuition money, why was he given the
total of all of the cash on hand held by Esther Medical
Institute?
A. I was paying him accordingly to the students
that he has. If I show you an example here, like in last
year in June, I give him 24,000. And then in August
of 2007 when he came back, he requested for another 20
students, so I gave him 48,000, which was like 2,000 per
student at that time. He said give me 2,000 per student
so I can get them started, and the balance you can give to
me later, which at that time, he never did anything. So I
refused to give him any more money. But around November,
December, he requested for more money.
I said, no, I'm not going to give you any more
money because I have given you a total of 72,000. So far,
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@ther oleru 11-04-2008 eo. Page 101 of 157
none of the students have been scheduled for.exam yet. He
said yes, the process of scheduling them, it takes time
for the students to get scheduled. So I believe in
January of this year I had to go back to Atlanta because
he had told a student that I had refused to pay for them
to take the NCLEX exam.
Q. And what happened at that meeting?
A. At that meeting, I wrote him checks for him and
Dr. Benechi. I gave you copies of those checks when I
came the first time. I could not get those copies any
more from the bank. They said I had to write. But I had
them all myself. I had given him -- I wrote him a check
for 36,750, one for him and one for Dr. B.
Q. Is this over and above the tuition split that
you had previously agreed to with Stanley Jean, or is this
@ part of that agreement?
A. I think it's part of the agreement.
Q. Okay. So how is it that in an agreament where
he is to receive less than 50 percent of the tuition
payments, that he is receiving all the cash that Esther
Medical holds?
A. To that question -- at that time, he was the
only one that could help me with the students, get the
students scheduled for exam. And when he says, look, he's
due a check of this amount, I was afraid if I don't pay
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Q. And who is the third name you mentioned earlier?
A. Marie Antoine. That was the lady that he had
told me to give 9,000 to that was a friend to help him
with the student files, too.
Q. Marie Antoine?
A. Yes, Marie Antoine.
Q. And do you know what service, if any, she was
providing to your school?
A. No, sir.
Q. So did Stanley Jean tell you any reason why
Marie Antoine was due $9,000?
A. The only thing he had toid me was that Marie was
helping him with some of the student files.
Q. Okay.
A. That he owed her that money.
Q. Okay. What, if anything, did Dr. Benechi do for
your school?
A. To my knowledge, he -- from what Stanley had
told me is because he is so busy, Dr. Benechi is the one
that has to take the trip to Haiti back and forth, you
know, the communication with the university. He has to go
to do other things with his school in Atlanta.
Q. So it's Dr. Benechi that has the Haiti
connections?
A. Yes,
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(Discussion Off The Record)
Q. (By Mr. Robinson) Let me try to rephrase. It
appears from the figures that you're giving us that
Stanley took in -- and Benechi and Marie Antoine took in
272,000, which only left you with 21, making for a total
of 293,000. Do you follow that figure?
A. Yeah.
Q. Does that seem correct to you?
A. No.
Q. What is incorrect about that?
A Because the 21 is what I took in. The other
expenses after the rent and all that, sol ended up with
21.
Q. So the 293 would not reflect the total amount of
tuition you took in, of course, because that would be
after rent expenses and other expenses of the school?
A. Yes.
Q. And paying teachers and so forth, correct?
A. Correct.
Q. All right. Nonetheless, from those figures, it
appears that Stanley Jean and his cohorts Benechi and
Marie Antoine are taking in 90 percent of the tuition
money that you had after expenses?
A. Looking back now, that's what it seems like.
But at that time, I was only interested in what I agreed
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NO. 08-07512
STATE OF TEXAS, IN THE DISTRICT COURT OF
Plaintiff
vs.
DALLAS COUNTY, TEXAS
INC., d/b/a ESTHER MEDICAL
TUTORIAL & NURSING REVIEW
CENTER AND ESTHER OLERU AND
TOBECHI OLERU, INDIVIDUALLY
)
)
)
)
)
: )
ESTHER MEDICAL INSTITUTE )
)
)
)
)
Defendants )
298TH JUDICIAL DISTRICT
REPORTER'S CERTIFICATION
DEPOSITION OF ESTHER OLERU
NOVEMBER 4, 2008
I, Tobi Moreland, Certified. Shorthand Reporter in
and for the State of Texas, hereby certify to the
following:
That the witness, ESTHER OLERU, was duly sworn by
the officer and that the transcript of the oral deposition
is a true record of the testimony given by the witness;
That the deposition transcript was submitted on
Li-aY - 08 to the witness or to the attorney for
examination, signature, and return to Integrity Legal
Support Solutions by 4-lo-0 at
That the amount of time used by each party at the
deposition is as follows:
Mr. Steven Robinson - 2 Hours, 55 Minutes
Mr. Jonathan Winocour - 30 Minutes
That pursuant to information given to the
deposition officer at the time said testimony was taken,
the following includes counsel for all parties of record:
Mr. Steven Robinson, Attorney for Plaintiff
Mr. Jonathan Winocour, Attorney for Defendant
I further certify that I am neither counsel for,
related to, nor employed by any of the parties or
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@sther oilers 11-04-2008 & Page 138 of 157
attorneys in the action in which this proceeding was
taken, and further that I am not financially or otherwise
interested in the outcome of the action.
Further certification requirements pursuant to
Rule 203 of TRCP will be certified to after they have
occurred.
Certified to by me this ay day
of Nwemberr , 2008.
ites A WMrrband
Tobi L. Moreland, CSR 3317
Expires 12/31/09
Integrity Legal Support Solutions
CRCB #528
240 Norwood Tower
114 West 7th Street
Austin, Texas 78701
(512) 320-8690
Integrity Legal Support SolutionsEXHIBIT B, e @
) Agreement
This is an agreement between ATCI Medical Institute LLC. at 180 Memorial Drive,
Atlanta, Georgia 30303 and_ Esther Medical Tutorial and Nursing Review Center
at 811 South Central Expressway Suite 230, Richardson, Texas 75081.
ATCI Medical Institute LLC, Represent by Dr Stanley : Is responsible to furnish the
curriculum and register them to the State board in corporation with the affiliate accredited
school necessary and get them accurate information .
Esther Medical Tutorial and Nursing Review Center, Represent by Mrs. Esther ; Is
responsible to furnish education necessary for student to be able to attend to the State
board.
We are agreed that Esther Medical Tutorial and Nursing Review Center, Represent
by Mrs. Esther: Will received $ 2000/per student for all activities of their Education
and the rest will go toward their Processing and so on by Dr. Jean Stanley
iv) — ——_—
, ATCI Medi stitute Esther Medical Tutorial
Witness
Notary Public signature Date6 Paci Ah 950
1 Kath fy. | Stuclexty -
Ry 9 fy Maced
IO Sudewk Pod a8. lo
owe - £4-¢
D4 Shits food 6 —NO. 08-07512
§
§
§
§
8
8
§
§
§
§
§
§
§
§
STATE OF TEXAS, IN THE DISTRICT COURT
Plaintiff,
vs. DALLAS COUNTY, TEXAS
ESTHER MEDICAL INSTITUTE
INC. d/b/a/ ESTHER MEDICAL
TUTORIAL & NURSING REVIEW
CENTER and ESTHER OLERU and
TOBECHI OLERU, Individually,
Defendants. 298™ JUDICIAL DISTRICT
ORDER GRANTING DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE
RESPONSIBLE THIRD PARTIES
On this date, after due and proper notice to all parties, the Court considered Defendants’
Motion for Leave to Designate Responsible Third Parties. After considering the motion, the
record, and arguments of counsel, the Court concludes that Defendants’ Motion for Leave to
Designate Responsible Third Parties should be GRANTED.
, It is, therefore, ORDERED, ADJUDGED and DECREED that Defendants’ Motion for
Leave to Designate Responsible Third Parties is in all things GRANTED.
SIGNED this day of , 2009.
By:
HONORABLE PRESIDING JUDGE
ORDER GRANTING DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES Pace!WINOCOUR | RAY
W =] ATTORNEYS & COUNSELORS
A PaRTNERGHIP OF PROFESSIONAL CORPORATIONS
9400 NORTH CENTRAL EXPREBEWAY
Suire 1204
DaLLas, Texas 75231
Teun: 214 875 6060
Fax: 214 575 6220
February 24, 2009
298th District Court
George L. Allen, Sr. Courts Bldg.
600 Commerce St., Box 822
Dallas, Texas 75202
Re: — State of Texas v. Esther Medical Institute Ine, etal.
Cause No. DC-08-07512
Dear Clerk:
Enclosed for e-filing please find Defendants’ Motion for Leave to Designate Responsible
Third Parties and Order Granting Defendants’ Motion. Please file the Motion with the court and
send a file-stamped copy to me via email. Please present the Motion and Order to the Judge. If
the Judge approves the Motion, please send a conformed copy of the Order to our office. By
copy of this letter all parties are being served a copy of same as indicated.
Thank you in advance for your consideration of this request.
Sincerely,
Allison Sands
Legal Assistant
fas
Enclosures
cc: Mr. Steven Robinson, Esq. Via CMRRR#: 7007 3020 0003 2812 0050
Assistant Attomey General
Consumer Protection & Public Health Division
Dallas Regional Office
1412 Main Street, Suite 810
Dallas, Texas 75202
Preview
* Temporary Restraining Order on July 7, 2008. Plaintiff alleges that Defendants violated the @ e Filed ! 09 February 24 P4:18 Fitzsl Datla Cok Dallas District NO. 08-07512 Syulend ame” STATE OF TEXAS, IN THE DISTRICT COURT ! Plaintiff, | vs. DALLAS COUNTY, TEXAS : ESTHER MEDICAL INSTITUTE INC. d/b/a/ ESTHER MEDICAL TUTORIAL & NURSING REVIEW CENTER and ESTHER OLERU and TOBECHI OLERU, Individually, DUO? UP LO? UP CO? CO? LO? WOT EP EP UP? Defendants. 298"! JUDICIAL DISTRICT DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES TO THE HONORABLE JUDGE OF SAID COURT: COME NOW DEFENDANTS and file this Motion for Leave to Designate Responsible Third Parties pursuant to TEX. Civ. PRAC. & REM. CODE § 33.004. Defendants request the Court grant leave to designate the following person and entity as a responsible third party in this cause of action. 1. BACKGROUND Plaintiff filed its Original Petition for Injunctive Relief and Civil Penalties and for Texas Education Code and Texas Deceptive Trade Practices Act. Defendants deny Plaintiff's allegations as more specifically set forth in Defendants’ respective answers on file herein. DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES Pace!II. EVIDENCE OF RESPONSIBILITY The discovery in this case shows that Dr. Stanley Jean, Dr. Frank Benechi, Marie Antoine, and ATCI Medical Institute LLC, are clearly responsible third parties for the matters complained of by Plaintiff. Dr. Stanley Jeans involvement began in February of 2007.' Mrs. Esther Oleru talked to Dr. Stanley Jean in February of 2007 via telephone and met him for the first time in March of 2007 in Houston? At this meeting, Mrs. Oleru met with Dr. Stanley Jean and Dr. Frank Benechi.? Dr. Stanley Jean advised the people at the meeting as to how his school operated and provided them information related to his new school in Houston.‘ Dr. Stanley further advised Mrs. Oleru that if she could get other students, he could help them get nursing licenses.” Once Mrs. Oleru returned from the meeting, she began recruiting students for Dr. Stanley Jean.’ After recruiting students, Dr. Stanley Jean traveled to Dallas, Texas and visited with the students.’ Dr. Stanley Jean provided the students details about the operation of his school in Atlanta and how he could help them do a correspondence program from Dallas.’ He advised all of the students that he had been running his school in Atlanta for five years and that he had students pass the exam with no problem? He also advised them that at the end of nine months, he would set them up for the NCLEX exam." Additionally, during Mrs. Olerv’s initial conversations Dr. Stanley Jean, he advised Mrs. ' See excerpts from DEPOSITION TRANSCRIPT OF MRS. ESTHER OLERU, Page 8 Lines 22-25 attached hereto as Exhibit “A.” 7 Id, at Page 8 Lines 22-25. 3 4d, at Page 10 Lines 14-24. “Id. at Page 11 Lines 1-25. 3 Id, at Page 11 Lines 24-25 and Page 12 Lines 4-9. § fd. at Page 12 Lines 14-22. 7 Id. at Page 12 Lines 23-25 and Page 13 Lines I-11. 5 id at Page 13 Lines 5-25. 9 Id, at Page 13 Lines 12-17. 10 Id at Page 13 Lines 18-23. DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES Pace 2. Oleru that a foreign school would provide transcripts to the students.!' Mrs. Oleru did not know how Dr. Stanley Jean would set up the students for the NCLEX exam.'? Documentation between Mrs, Oleru and Dr. Stanley Jean provided for the arrangement.'? Mrs. Oleru and Dr. Stanley Jean's arrangement consisted of Mrs. Oleru of getting the students, the premises, and the teachers, and Dr. Stanley Jean would supply the curriculum and the books as well as setting the students up for the NCLEX exam.'* Indeed, there was a written agreement which was entered into by Esther Medical Tutorial and Nursing Review Center signed by Dr. Stanley stating that ATCI Medical Institute LLC, represented by Dr. Stanley, “[I]s responsible to furnish the curriculum and register them to the State board in corporation with the affiliate accredited school necessary and get them accurate information.”'> Finally, Dr. Stanley Jean provided the students his phone number so that they could contact him if they had any questions. 6 The compensation received by Dr. Stanley Jean, Dr. Frank Benechi, Marie Antoine, and ATCI Medical Institute also clearly indicates that they are responsible third-parties to this suit. Dr. Stanley Jean, Dr. Benechi, and Marie Antoine took in a total of $272,000, while Mrs. Esther Oleru took in approximately $21,000 after the expenses for the operation of the facility.'? Dr. Stanley Jean went so far that he advised a student that Mrs. Oleru had not made some payments so that Mrs. Oleru would give him even more money.'® Marie Antoine helped Dr. Stanley Jean with the student files.'? Dr. Benechi would take trips to Haiti in order to communicate with the "' Id. at Page 16 Lines 5-24. '? fd. at Page 23 Lines 1-7. "" id at Page 23 Lines 8-9. "fd at Page 18 Lines 15-20; Page 21 Lines 3-9; Page 22 Lines 20-25. 'S See Exhibits 3 and 4 to the DEPOSITION TRANSCRIPT OF MRS. ESTHER OLERU attached hereto as Exhibit “B.” '§ See DEPOSITION TRANSCRIPT OF MRS. ESTHER OLERU at Page 42 Lines 5-9. "Id at Page 92 Lines 17-25; Page 93 Lines 1; Page 108 Lines }-17. Wig at Page 100 Lines 10-25; Page 101 Lines 1-6. '? fd at Page 103 Lines 1-4, DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES Pace 3university and performed other things for the school in Atlanta. Dr, Benechi had connections with the Haiti school while Dr. Stanley Jean had connections with the Jamaica school.?! Consequently, Dr. Stanley Jean, Dr. Frank Benechi, Marie Antoine, and ATCI Medical Institute LLC, are responsible third parties and should be designated as such in accordance with Section 33.004 of the Tex. Civ. PRAC. & REM. CODE. OL DESIGNATION OF RESPONSIBLE THIRD PARTIES Accordingly, the following persons and entity are designated as Responsible Third Parties in accordance with the meaning of Tex. Civ. PRAC. & REM. CODE § 33.004. 1. Dr. Stanley Jean; 2. Dr. Frank Benchi; 3. Marie Antoine; and 4. ATC] Medical Institute LLC. Iv. REQUEST FOR LEAVE TO DESIGNATE Pursuant to TEX. Civ. PRAC. & REM. CODE § 33.004 Defendants request that this Court grant leave to designate Dr. Stanley Jean, Dr. Frank Benechi, Marie Antoine, and ATCI Medical Institute LLC, as responsible third parties. Based upon the discovery and pleadings, evidence exists to support a finding that the foregoing individuals and entity should be designated as responsible third parties. v. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants respectfully pray that this Court Fd. at Page 103 Lines 16-22. 21 Jd. at Page 103 Lines 23-25; Page 104 Lines 1-2. DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES Pacesgrant Defendants’ Motion for Leave to Designate a Responsible Third Parties and that the parties are so designated as a responsible third parties. The Defendants pray that they receive such other and further relief, general and special, at law and in equity, to which they are entitled. Respectfully submitted by: AIN F."WIN State Bar No. 240 DAVID P. RAY III State Bar No. 24027766 WINOCOUR | RAY 9400 N. Central Expressway, Suite 1204 Dallas, Texas 75231 (214) 575-6060 (214) 575-6220 (FAX) ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE A true and correct copy of the above and foregoing document was served on counsel of record for Plaintiff via facsimile on this 24th day of February, 2009. DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES PacesEXHIBIT ACAUSE NO. 08-07512 STATE OF TEXAS, IN THE DISTRICT COURT OF PLAINTIFF VS. ESTHER MEDICAL INSTITUTE INC. OF DALLAS COUNTY D/B/A ESTHER MEDICAL TUTORIAL & NURSING REVIEW CENTER AND ESTHER OLERU AND TOBECHI OLERU, INDIVIDUALLY, DEFENDANTS 298™ JUDICIAL DISTRICT Ce ORAL DEPOSITION OF ESTHER OLERU NOVEMBER 4, 2008 ORIGINAL TOBI MORELAND, CSR DALLAS, TEXAS ry ¢i INTEGRITY Tegal support soltotions Auetin Honston Laredo Sun Antonio ea poajare oa a 24syerv aso ws [ssopee2 700 va ng}27 #200 dua Jo12]a20 6092 tor Jrnyjenr e304 ‘we [osef222 1707 ha fang]271 0232 78701. | Asli (rae 677 720 8690 | toil Irce fax 856 720 8692 .| Www.integrity tozas.c6nNO. 08-07512 STATE OF TEXAS, IN TEE DISTRICT COURT OF ‘ Plaintiff vs. ESTHER MEDICAL INSTITUTE INC., d/b/a ESTHER MEDICAL TUTORIAL & NURSING REVIEW CENTER AND ESTHER OLERU AND TOBECHI OLERU, INDIVIDUALLY Defendants ) ) ) ) ) ) ) DALLAS COUNTY, TEXAS ) ) ) ) ) ) 298TH JUDICIAL DISTRICT ORAL DEPOSITION OF ESTHER OLERU VOLUME 1 NOVEMBER 4, 2008 . DALLAS, TEXAS@ Esther Oleru 11-04-200 Page 2 of 157 L i | | 1 APPEARANCES . 2 foi FOR THE PLAINTIFF: 1 3 : TEXAS ATTORNEY GENERAL'S OFFICE | 4 CONSUMER PROTECTION DIVISION 1412 Main Street, Suite 810 1 5 Dallas, Texas 75202 Phone: (214) 969-7639 6 By: Mr. Steven Robinson, ,Asst. Attorney General 7 State Bar No. 24046738 8 - And - 9 Ms. Madalyn S. Welis, Asst. Attorney General 1 10 11) FOR THE DEFENDANTS: 12 WINOCOUR RAY 9400 North Central Expressway, Suite 1204 . 13 Dallas, Texas 75231 : oy Phone: (214) 575-6060 I tae 14 By: Mr. Jonathan Winocour, Esq. 15 = And - 16 Mr. David P. Ray, III, Esq. 17 * *” * * * 18 ORAL DEPOSITION OF ESTHER OLERU, produced as 19] a witness at the instance of the PLAINTIFF, and duly 20| sworn, was taken in the above-styled and numbered cause on 21|) November 4, 2008, from 10:10 a.m. to 2:30 p.m., before 22] Tobi Moreland, CSR in and for the State of Texas, at the 23| law offices of Winocour Ray, 9400 Central Expressway, 24| Dalles, Texas, pursuant to the Texas Rules of Civil 3 25] Procedure. Integrity Legal Support Solutions10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 @esther Oleru 11-04-200H Page 3 of 157 INDEX APPCALANCES. . oe eee cece e eee eee ee tee ete tee ete ee eee Corrections and Signature Page.. Reporter's Certificate... ..... cece eee eee ee eee eee EXAMINATION BY MR. ROBINSON... ..... eee eee ee eee eee EXAMINATION BY MR. WINOCOUR.......- EXAMINATION BY MR. ROBINSON..........2 2 eee eee eens EXHIBITS NO. DESCRIPTION 1 Notice of DepoSition.... ce eee e reece ence eer eee 2 BUSINESS CAL... c cee ee eee eee eee ee eee teeta 3 p-Neba-1_).\-) 08 a 4 Handwritten NOteS.... cee e eee eee e ewer ee ee eens 5 Student Filer... ce cece eee ee ee eee eee eee 6 File of Angela Onyekwere.....eeeee eee ereneaee 7 List of Drop Out Students.......-.. eee eee ee eee PAGE 135 137 110 132 PAGE 16 23 47 80 Integrity Legal Support Solutions@ Esther Oleru 11-04-200@ Page 4 of 157 1 ESTHER OLERU, 2| having been first duly sworn, testified as follows: 3 EXAMINATION 4) BY MR. ROBINSON: 5 Q. My name is Steve Robinson. I'm an Assistant 6] Attorney General with the State of Texas from the Consumer 7| Protection Division representing the plaintiff in this 8] suit. Could you state and spell your name? 9 A. My name is Esther Oleru, Esther Tewo Oleru. My 10] first name is Esther. My middle name is Tewo, T-E-W-O, 11] then the last name is Oleru, O-L-E-R-U. 12 Q. Have you given a deposition before? x 13 A. No. ( ) 7 14 Q. Okay. The stenographer is taking down 15| everything we say, so it will be important for you and I 16| to try not to talk over each other. If a question 17| requests a yes or no answer, please make an audible yes or 18] no rather than a shaking of the head or uh-huh or 19] something of that nature so that the stenographer can 20| record your answer. 21 A. Okay. 22 Q. You've sworn to tell the truth today. Your 23| testimony has the same force and effect as if you're 24| testifying in court. Is there any reason why you think 25| that you would be unable to give truthful answers today? Integrity Legal Support Solutions10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 @ Esther Oleru 11-04-200@% Page 8 of 157 A. No. 15. I've produced copies of schedules and catalogues for No. 16. MR. WINOCOUR: Let me just clarify with regards to No. 15, you have actually produced an application for licensing? THE WITNESS: Yes. MR. WINOCOUR: But you don't have any applications for exemption. Clearly that information would be more readily available through the TWC. A. These, I don't have any flyers, brochures, No. 17. I did have a website, but I shut it down when I went for the hearing in February. MR, WINOCOUR: We don't have documents responsive to No. 18. There are obviously copies of checks presented to students who requested refunds, and I believe some receipts of funds documentation, too. Q. (By Mr. Robinson) With those formalities out of the way, are there any documents, aside from those that we're waiting on the accountant to provide, that you are refusing to provide in response to this notice? A. No. Q. Let's start at the beginning. When did you first meet Stanley Jean? A. I first spoke to him in February of 2007. I met with him in person in March in Houston. Integrity Legal Support Solutionsal 12 13 14 15 16 17 18 19 20 21 22 23 24 25 @sther oleru 11-04-2008 Page 10 of 157 Q. Was he starting a school there? A. That's what I believe, yeah. Q. And this meeting in Houston, this was the March meeting you referred to? A. Yes. Q. Okay. And where did you meet with him in Houston? A. I met with him in a guy's house, a family house. I don't remember the street address, but we were directed there. I and my husband went there. My husband drove me. Q. Do you have any records now that would give us that street address? A. No, sir. Q. And what happened at that meeting in March? A. At that meeting, there were other -- he was there, and his assistant, Dr. Benechi, was there, Dr. Frank Benechi. Dr. Stanley was there, and then -this gentleman with his wife, and then there were other people there, I assume prospective students. Q. You referred to his partner, a Dr. Frank Benechi? A. Yes. Q. How would we spell that, do you know? A. B-E-N-E-C-H-1. Q. And I understand that Mr. Stanley also referred Integrity Legal Support Solutions10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 &.:-: Oleru 11-04-2000 Page 11 of 157 to himself as a doctor; is that correct? A. Yes, sir. Q. And do you know whether or not he and Dr. Benechi were actually doctors? A. Well, I know that they have said, yes, that we're doctors. They went to -- they are foreign doctors. Q. And what did you learn at that meeting? A. I learned at that meeting that there were already a school that was starting in Houston. That's why he was there. While I was there, he was just talking to the students and letting them know how his school operates. Q. What was the name of that Houston school? A. At the time I was there, they had not even had the building or the name, so I have no clue. Q. Do you know if they eventually operated a school there in Houston? A. I heard that they started because he went to Houston a couple of times and called me from Houston. Q. Do you know where that school in Houston was? A. No, sir. Q. Did you attend his school in Houston? A. No, sir. Q. And what did you and Dr. Stanley decide to do at that time at that meeting in March? Integrity Legal Support Solutions10 al 12 13 14 15 16 17 18 19 20 21 22 23 24 25 > Oleru 11-04-2000 Page 12 of 157 A. At-that meeting -- MR. WINOCOUR: Objection, form. You can answer. A. At that meeting, he now told me that if I can get other students -- that he doing it for me alone, it's possible he could work with me to do it, but it's going to cost him more money. But if I can get other students to go along with me, he will help us to get the nursing license. Q. (By Mr. Robinson) And so what did you do in response? A. In response, what do you mean? In response to -- Q. Did you then begin recruiting students for him? What happened at that time? A. At that time when I came back, I now talked to the people that I first got his information from in my church. I said I met with him and he said he's going to help, but if I can get more students to go along with me, he will come down and help start the program. So now the members of my church now tell their friends, and that's how I got the students I needed. Q. And once you had these names of prospective students, what happened? A. He came down. I called Stanley and said I Integrity Legal Suppert Solutions10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Povve: Oleru 11-04-2008 Page 13 of 157 have ---at that time, I had 24 students. Yes, he now came down. Q. By that, you mean to Dallas? A. Yeah, to Dallas. Q. And did what when he came down? A. When he came down, he spoke to the students and said, yes, he had a school in Atlanta and that what he's going to do is help us do the correspondence program here. He will provide all the things we need if I will get the teachers, the gualified teachers, to teach, and then he will set us up for the NCLEX exam. Q. What did he tell you about his schools? A. He told me -- at that time he only told me about the school in Atlanta and the one he started in Houston. He said the one in Atlanta, he's been running it for five years now at that time and that he had had students pass the exam with no problem. Q. What else did he tell you about how he operated the schools and how they worked? A. He said that it's a two-day class. Some students come Tuesday, Thursday, then Monday, Wednesdays. He says at the end of the nine months, he sets them up for NCLEX. Q. Do you know where his school in Georgia was? A. Yes. Integrity Legal Support SolutionsP Oleru 11-04-2009 Page 16 of 157 | | 1 1] mark that business card since we're talking about it on 2] the record. We'll mark it as 2. 3 (DEPOSITION EXHIBIT NO. 2 WAS MARKED FOR IDENTIFICATION. } 4 5 Q. (By Mr, Robinson) At that time of your initial 6| conversations with Dr. Stanley Jean, did he tell you about 7| his connections with Jamaica? 8 A. Yes. He told me that the National Academy in 9| Jamaica, he's trying to work out a credential program with 10| them where his school, the school in Atlanta, can -- the 11] students can go to Jamaica and students from Jamaica can 12{ come to Atlanta. c 13 Q. Okay. Did he tell you that Jamaica would be ad 14] providing diplomas or transcripts? i i 15 A. Yes, sir. Yes, sir. | 16 Q. And how would that work? | 17 A. From what he told me, he said they will be 18] mailed to him or he will go pick them up. Ag Q. And where was he getting them from? 20 A. From Jamaica. 21 Q. Okay. And do you know who at this National 22| Academy he was getting diplomas and transcripts from? 23 A. I believe from the school, from the 24!) administrative department. 25 Q- Do you know names associated with that school Integrity Legal Support Solutions10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 Gove: Oleru 11-04-2000 Page 18 of 157 that was run by. Dr. Stanley Jean, not the name of. your school. A. He was the -- I was the one running the school, but actually he's the one that oversees that the students get, you know, enrolled for NCLEX. Q. (By Mx. Robinson) So the school that you were a student of was Esther Tutorial? A. Yes, sir. Q. And when did Esther Tutorial and Nursing Center begin business? A. May the 7th, 2007. Q. And this was a partnership between you and Dr. Stanley Jean? A. Yes, sir. Q. What was the financial arrangement? A. The financial arrangement was that I will get the student, get the premises, get the teachers, qualified teachers to teach. He will -- he would supply the curriculum and the books as well as setting the students up for the NCLEX exam. Q. Were there any other ownership parties aside from you and Dr. Stanley Jean? A. No, sir. Q. What is Uzuba Education? A. Uzuba Education is the nurse aide program that Integrity Legal Support Solutions10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oivex Oleru 11-04-2008 Page 21 of 157 one-month course? A. Yes. Q. All right. Aside from getting the students and getting the teachers, what other duties did you have in your agreements with Stanley Jean? A, That was the only agreement I had with him. Q. So your only responsibilities were to get students and get teachers? A. Yes, sir. Q. What was your job title? A. Program coordinator, program director. Q. You mentioned earlier there were not any other ownership parties; is that correct? A. Yes, sir. Q. Were there any other parties to the agreement? A. No, sir. Q. Who is Teobechi Oleru? A. That's my son. And what is his role in Esther Medical? » oO . He has no role in Esther Medical Institute. Q. To clarify for the record, Esther Medical Institute, Incorporated, owned Esther Tutorial and Nursing Center, correct? A. Yes, sir. Q. And did Tobechi Oleru have any role in Esther Integrity Legal Support Solutions10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Or ere Oleru 11-04-2008 Page 22 of 157 Medical Institute, Incorporated? A. Well, he -- I-put his name there as one of the directors; but legally, he doesn't come to the office or have -- I don't know the right word to use -- any of the business or work that I do there. Q. So he's named as a director in paperwork but has no working role in the corporation; is that correct? A. No working role in the corporation, no, sir. Q. Does he have any financial stake in the school? A. No, sir. Q. Okay. Has he at any point received any payments of any kind, whether to a trust or otherwise, from the school's profits? A. No, sir. Q. Okay. How old is Tobechi Oleru? A. He's 14, 14 years. Never held a job of any sort at the school? A. No, sir. Q. All right. Aside from -- well, let me rephrase. Strike that. What were Stanley Jean's duties in the agreement? A. In the agreement, it was that he was going to furnish the curriculum, the books, and then set the students up for NCLEX, for the students to get the accreditation. Integrity Legal Support Solutions10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qs Oleru 11-04-2000 Page 23 of 157 Q. And how would he set them up for the NCLEX? A. He sets them up with different -- he was the one that provides the transcript from the accredited university, and he set them up with NCLEX from the different states. Q. Do you know how he did that? A. The setting, no. Q. Okay. Do you have any documentation of your financial agreement with Stanley Jean? A. These ones that I have here that I showed you. MR. WINOCOUR: Just for clarification, I believe these have already been provided. If you want to mark them as exhibits to the deposition, the only thing I have a concern about is that we have an opportunity to retain these, so we're going to need to make some copies at the end of the deposition, if that's okay with you. MR. ROBINSON: Let's go off the record. (Discussion Off The Record.) (DEPOSITION EXHIBIT NOS. 3 AND 4 WERE MARKED FOR IDENTIFICATION.) Q. (By Mz. Robinson) We have marked as Exhibit No. 3 and Exhibit No. 4 -- could you identify 3 and 4 for us? A. Yes, sir. Q. And what are they? Integrity Legal Support SolutionsQe Oleru 11-04-2009 Page 42 of 157 the past, so he showed it to the students that, see, he can set them up for the exam, that that's not the problem; that the problem is for them to make sure they come to class and study. Q. Aside from the April 2007 meeting and the August 2007 meeting, did Stanley Jean have any other contact with the students? A. He give them his phone number so the students can call him if they had any questions. Q. Were there any other on-site visits from Stanley Jean? A. No, sir. Q. What information did you request from students in the application process? A. For which of the program? For the L.V.N.? Q. Let's start with the L.V.N. program. A. For the L.V.N., they have to have a C.N.A. license, have some background of nursing already. Q. Did all the L.V.N.s have a C.N.A. license? A. Not all of them. Some already were students that were in other programs and were dropped out, so those students, we took them. And students that were already college graduates but wanted to switch into the nursing background. Q. And what other programs are you referring to Integrity Legal Support Solutions10 1l 12 13 14 16 17 18 20 21 22 23 24 25 Qecre Oleru 11-04-2008 Page 92 of 157 teacher A. Q. A. an hour Q. A. » oO Pp © Q. your school? A. Q. A. Q. Jean's cut and your payments to employees and rent? A. Q. And who's responsible for paying that? ~T am. The school have any other costs aside. from salaries and rent? Telephone, internet bills. What were the other employees paid? Sandra makes $15 an nour, and Ashley makes $10 as a receptionist. Was Sandra Godfrey full time? Yes. And Ashley, what was her name again? Ashley Jones, full time. She was full time as well? Yes. And by full time, 40 hours a week, thereabouts? Yes. How much did Stanley Jean take in total from In total is 272,000. 272,000? Yes, sir. And how much did you take in after Stanley About 21,000. For the total operation of the school? Integrity Legal Support Solutions10 11 12 13 34 15 16 17 18 19 20 al 22 23 24 25 @esther oleru 11-04-2008} Page 93 of 157 > Q. A Yes. Did you set up payment plans for the students? Yes. And how did that work? Okay. We use the same payment plan Stanley used in Georgia, so it's a monthly payment plan. Q. A. Q. set up? A. And how much did they pay per month? The first down payment was $2,000. And when was that due? The first day they come in, the first. First day -~ That class begins. -- of class? Yeah. And then after that, how were the installments The remaining balance of 5,500 was broken down to 687.50, which some of them would pay 700, just make it round figure, 700 every month. Q. A. o A. That would be for the L.V.N. students, correct? Yes. How about for the R.N. students? The R.N.s I believe is $3,000 down payment, and they made a payment of 950, I believe. Q. Did you help to arrange for tuition financing? Integrity Legal Support Solutions@trer oleru 11-04-2008 @ Page 100 of 157 A. Paid to Stanley. Q. Stanley Jean was given the total of all that money? A. Yes, sir. Q. And do you have financial documents reflecting that? A. Yes, sir. Q. So you have bank records that show that? A. Yes, sir. Q. If Stanley Jean was contracted to receive less than 50 percent of the tuition money, why was he given the total of all of the cash on hand held by Esther Medical Institute? A. I was paying him accordingly to the students that he has. If I show you an example here, like in last year in June, I give him 24,000. And then in August of 2007 when he came back, he requested for another 20 students, so I gave him 48,000, which was like 2,000 per student at that time. He said give me 2,000 per student so I can get them started, and the balance you can give to me later, which at that time, he never did anything. So I refused to give him any more money. But around November, December, he requested for more money. I said, no, I'm not going to give you any more money because I have given you a total of 72,000. So far, Integrity Legal Support Solutions10 11 12 13 14 15 16 47 18 19 20 21 22 23 24 25 @ther oleru 11-04-2008 eo. Page 101 of 157 none of the students have been scheduled for.exam yet. He said yes, the process of scheduling them, it takes time for the students to get scheduled. So I believe in January of this year I had to go back to Atlanta because he had told a student that I had refused to pay for them to take the NCLEX exam. Q. And what happened at that meeting? A. At that meeting, I wrote him checks for him and Dr. Benechi. I gave you copies of those checks when I came the first time. I could not get those copies any more from the bank. They said I had to write. But I had them all myself. I had given him -- I wrote him a check for 36,750, one for him and one for Dr. B. Q. Is this over and above the tuition split that you had previously agreed to with Stanley Jean, or is this @ part of that agreement? A. I think it's part of the agreement. Q. Okay. So how is it that in an agreament where he is to receive less than 50 percent of the tuition payments, that he is receiving all the cash that Esther Medical holds? A. To that question -- at that time, he was the only one that could help me with the students, get the students scheduled for exam. And when he says, look, he's due a check of this amount, I was afraid if I don't pay Integrity Legal Support Solutions10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 Q@strex Oleru 11-04-2008 e Page 103 of 157 Q. And who is the third name you mentioned earlier? A. Marie Antoine. That was the lady that he had told me to give 9,000 to that was a friend to help him with the student files, too. Q. Marie Antoine? A. Yes, Marie Antoine. Q. And do you know what service, if any, she was providing to your school? A. No, sir. Q. So did Stanley Jean tell you any reason why Marie Antoine was due $9,000? A. The only thing he had toid me was that Marie was helping him with some of the student files. Q. Okay. A. That he owed her that money. Q. Okay. What, if anything, did Dr. Benechi do for your school? A. To my knowledge, he -- from what Stanley had told me is because he is so busy, Dr. Benechi is the one that has to take the trip to Haiti back and forth, you know, the communication with the university. He has to go to do other things with his school in Atlanta. Q. So it's Dr. Benechi that has the Haiti connections? A. Yes, Integrity Legal Support Solutions10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 @sther Oleru 31-04-2008 @ Page 108 of 157 (Discussion Off The Record) Q. (By Mr. Robinson) Let me try to rephrase. It appears from the figures that you're giving us that Stanley took in -- and Benechi and Marie Antoine took in 272,000, which only left you with 21, making for a total of 293,000. Do you follow that figure? A. Yeah. Q. Does that seem correct to you? A. No. Q. What is incorrect about that? A Because the 21 is what I took in. The other expenses after the rent and all that, sol ended up with 21. Q. So the 293 would not reflect the total amount of tuition you took in, of course, because that would be after rent expenses and other expenses of the school? A. Yes. Q. And paying teachers and so forth, correct? A. Correct. Q. All right. Nonetheless, from those figures, it appears that Stanley Jean and his cohorts Benechi and Marie Antoine are taking in 90 percent of the tuition money that you had after expenses? A. Looking back now, that's what it seems like. But at that time, I was only interested in what I agreed Integrity Legal Support Solutions10 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 @ener oleru 11-04-2008 @_ Page 137 of 157 NO. 08-07512 STATE OF TEXAS, IN THE DISTRICT COURT OF Plaintiff vs. DALLAS COUNTY, TEXAS INC., d/b/a ESTHER MEDICAL TUTORIAL & NURSING REVIEW CENTER AND ESTHER OLERU AND TOBECHI OLERU, INDIVIDUALLY ) ) ) ) ) : ) ESTHER MEDICAL INSTITUTE ) ) ) ) ) Defendants ) 298TH JUDICIAL DISTRICT REPORTER'S CERTIFICATION DEPOSITION OF ESTHER OLERU NOVEMBER 4, 2008 I, Tobi Moreland, Certified. Shorthand Reporter in and for the State of Texas, hereby certify to the following: That the witness, ESTHER OLERU, was duly sworn by the officer and that the transcript of the oral deposition is a true record of the testimony given by the witness; That the deposition transcript was submitted on Li-aY - 08 to the witness or to the attorney for examination, signature, and return to Integrity Legal Support Solutions by 4-lo-0 at That the amount of time used by each party at the deposition is as follows: Mr. Steven Robinson - 2 Hours, 55 Minutes Mr. Jonathan Winocour - 30 Minutes That pursuant to information given to the deposition officer at the time said testimony was taken, the following includes counsel for all parties of record: Mr. Steven Robinson, Attorney for Plaintiff Mr. Jonathan Winocour, Attorney for Defendant I further certify that I am neither counsel for, related to, nor employed by any of the parties or Integrity Legal Support Solutions10 11 12 13 14 15 16 17 18 19 20 2h 22 23 24 25 @sther oilers 11-04-2008 & Page 138 of 157 attorneys in the action in which this proceeding was taken, and further that I am not financially or otherwise interested in the outcome of the action. Further certification requirements pursuant to Rule 203 of TRCP will be certified to after they have occurred. Certified to by me this ay day of Nwemberr , 2008. ites A WMrrband Tobi L. Moreland, CSR 3317 Expires 12/31/09 Integrity Legal Support Solutions CRCB #528 240 Norwood Tower 114 West 7th Street Austin, Texas 78701 (512) 320-8690 Integrity Legal Support SolutionsEXHIBIT B, e @ ) Agreement This is an agreement between ATCI Medical Institute LLC. at 180 Memorial Drive, Atlanta, Georgia 30303 and_ Esther Medical Tutorial and Nursing Review Center at 811 South Central Expressway Suite 230, Richardson, Texas 75081. ATCI Medical Institute LLC, Represent by Dr Stanley : Is responsible to furnish the curriculum and register them to the State board in corporation with the affiliate accredited school necessary and get them accurate information . Esther Medical Tutorial and Nursing Review Center, Represent by Mrs. Esther ; Is responsible to furnish education necessary for student to be able to attend to the State board. We are agreed that Esther Medical Tutorial and Nursing Review Center, Represent by Mrs. Esther: Will received $ 2000/per student for all activities of their Education and the rest will go toward their Processing and so on by Dr. Jean Stanley iv) — ——_— , ATCI Medi stitute Esther Medical Tutorial Witness Notary Public signature Date6 Paci Ah 950 1 Kath fy. | Stuclexty - Ry 9 fy Maced IO Sudewk Pod a8. lo owe - £4-¢ D4 Shits food 6 —NO. 08-07512 § § § § 8 8 § § § § § § § § STATE OF TEXAS, IN THE DISTRICT COURT Plaintiff, vs. DALLAS COUNTY, TEXAS ESTHER MEDICAL INSTITUTE INC. d/b/a/ ESTHER MEDICAL TUTORIAL & NURSING REVIEW CENTER and ESTHER OLERU and TOBECHI OLERU, Individually, Defendants. 298™ JUDICIAL DISTRICT ORDER GRANTING DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES On this date, after due and proper notice to all parties, the Court considered Defendants’ Motion for Leave to Designate Responsible Third Parties. After considering the motion, the record, and arguments of counsel, the Court concludes that Defendants’ Motion for Leave to Designate Responsible Third Parties should be GRANTED. , It is, therefore, ORDERED, ADJUDGED and DECREED that Defendants’ Motion for Leave to Designate Responsible Third Parties is in all things GRANTED. SIGNED this day of , 2009. By: HONORABLE PRESIDING JUDGE ORDER GRANTING DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES Pace!WINOCOUR | RAY W =] ATTORNEYS & COUNSELORS A PaRTNERGHIP OF PROFESSIONAL CORPORATIONS 9400 NORTH CENTRAL EXPREBEWAY Suire 1204 DaLLas, Texas 75231 Teun: 214 875 6060 Fax: 214 575 6220 February 24, 2009 298th District Court George L. Allen, Sr. Courts Bldg. 600 Commerce St., Box 822 Dallas, Texas 75202 Re: — State of Texas v. Esther Medical Institute Ine, etal. Cause No. DC-08-07512 Dear Clerk: Enclosed for e-filing please find Defendants’ Motion for Leave to Designate Responsible Third Parties and Order Granting Defendants’ Motion. Please file the Motion with the court and send a file-stamped copy to me via email. Please present the Motion and Order to the Judge. If the Judge approves the Motion, please send a conformed copy of the Order to our office. By copy of this letter all parties are being served a copy of same as indicated. Thank you in advance for your consideration of this request. Sincerely, Allison Sands Legal Assistant fas Enclosures cc: Mr. Steven Robinson, Esq. Via CMRRR#: 7007 3020 0003 2812 0050 Assistant Attomey General Consumer Protection & Public Health Division Dallas Regional Office 1412 Main Street, Suite 810 Dallas, Texas 75202