Preview
Edward Swanson, SBN 159859
ed@smllp.law
Britt Evangelist, SBN 260457
britt@smllp.law
SWANSON & McNAMARA LLP
300 Montgomery Street, Suite 1100
San Francisco, California 94104
Telephone: (415) 477-3800
Facsimile: (415) 477-9010
Attorneys for Defendant
ELECTRONICALLY
FILED
Superior Court of Catifornia,
County of San Francisco
11/08/2017
Clerk of the Court
BY: GARY FELICIANO
Deputy Clerk
SHANE CLARIDGE KELLEY, as Executor of the Thomas F. White Estate
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PATRICK KELLY
Plaintiff,
Vv.
SHANE CLARIDGE KELLEY, as Executor
of the Thomas F. White Estate
Defendant.
Hil
CASE NO. CGC- 13-535823
SUBMISSION OF DEPOSITION
TESTIMONY ENTERED INTO
EVIDENCE BY DEFENDANT THE
ESTATE OF THOMAS F. WHITE;
Action Filed: December 2, 2013
Court: Honorable Lynn O’Malley Taylor
Dept.: 514TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
Pursuant to California Rule of Court 2.1040(a), Shane Claridge Kelley, in his capacity as
Executor of the Estate of Thomas F. White (“the Estate”) hereby submits as Exhibit A hereto the
relevant portions of the deposition transcript of Plaintiff Patrick Kelly that were played for the jury
and entered into evidence during trial in the above-captioned matter.
Dated: November 3, 2017
Respectfully submitted,
és/ Britt Evangelist
Edward W. Swanson
Britt Evangelist
SWANSON & McNAMARA LLP
Attorneys for Defendant, Shane Claridge
White, as Executor of the Thomas F. White
Estate
Kelly v. Kelley, CGC 13-535823
Submission Of Deposition EvidenceEXHIBIT ACERTIFIED COPY
421913 BARKLEY
barkley.com
(810) 207-8000 Los Angeles (415) 433-5777 San Francisco —_ (949) 955-0400 Irvine (898) 455-5444 San Diego _
{810} 207-8000 Century City (408) 885-0550 San Jose (780) 922-2240 Palm Springs (800) 222-1231 Carisbad
(916) 922-5777 Sacramento (G00) 222-1231 Martinez (792) 366-0500 Las Vegas —=—(800} 222-1231 Monterey
{951} 686-0606 Riverside (618) 702-0202 Woodland Hilla (702) 968-0500 Henderson (516) 277-9494 Garden City _
(212) 808-8900 New York City (947) 821-4611 Brooklyn (618) 490-1910 Albany (814) 510-9110 White Plains
812} 379-5566 Chicago 00+1+800 222 1234 Paris 00+1+800 222 1231 Dubai ~=—=—=—«001+1+800 222 1231 Hong Kong
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION
PATRICK KELLY,
Plaintiff,
vs. Case No. CGC-13-535823
SHANE CLARIDGE WHITE, as
Executor of the Thomas F.
White Estate,
Defendant.
VIDEOTAPED DEPOSITION of PATRICK KELLY
April 14, 2017
Reported by: Cherree P. Peterson, CSR No. 111081 can he be a fugitive?
2 Q. And you go on to say, "Mr. White is willing to
3. pay a reasonable fee for assistance to expedite his
4 acquiring a Cambodian passport."
13:54:50 5 How much of the fee was Mr. White willing to
6 pay for assistance to expedite his acquiring a Cambodian
7. passport?
8 A. That calls for speculation.
9 Q. Just asking what you meant when you said "Mr.
13:55:04 10 White is willing to pay a reasonable fee...." I'm not
11 asking you to speculate. You wrote it.
12 A. Well, I've written that he was willing to pay a
13 reasonable fee. He had indicated to me -- he had given
14 me a budget of $1 million on the -- to obtain
13:55:26 15 citizenship for him.
16 In terms of what I'm talking about here, I'm
17. talking about fees for individuals who are assisting in
18 the process.
19 Q. Such as?
13:55:48 20 A. Such as the individuals we were meeting with in
21 this meeting who claim to have contacts with people able
22 to grant Tom legal Cambodian citizenship.
23 Q. So paying fees to people to give you access to
24 government officials, is that what you're describing?
13:56:15 25 A. That's primarily it, yes. And whatever was
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involved in their potential role to help that process
along.
Q. And assistance in expediting, what did that
mean exactly? Was that getting you in contact with
government officials or did it mean something else?
A. No. Tom -- let's see. Where are you reading
from?
Q. The end of the second paragraph.
A. Tom wanted it done quickly. He wanted it done
yesterday. He wanted it done as quickly as possible.
And he was willing to pay more money if it could be done
quickly.
Q. And what assistance were you saying that Mr.
White was willing to pay for? What was this assistance
as you understood it?
A. Whatever was required of a -- of a -- someone's
agent to apply for citizenship, the applications and
whatever is needed. I didn't know the specifics of any
of that. So they're functioning in that role in
addition to their contacts with people in high places.
Q. Tom made payments to Cambodian -- to the
Cambodian government before they would give him a
passport; is that correct?
A. I believe he did, yes.
Q. What were those payments?
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PATRICK KELLY Court Roperters1 Q. It's a $187,000 contract with people you did
2 not trust; is that correct?
3 A. Initially did not trust.
4 Q. At the time that you entered into the contract,
143554 5 > oral contract with these people for $187,000 you did not
6 trust them; correct?
7 A. I did not believe -- necessarily -- I trusted
8 them enough to think that they might, but I did not
9 believe that they had the contacts they said they had
14361110 unless they proved that they did. So later on they
11, proved they did. And based upon that and some other
12 interactions with them, we developed a trusting
13 relationship. And I was able to trust their word and
14 they were able to trust my word. And they followed
14:36:29 15 through with what they said they were going to do, and I
16 followed through with what I said I was going to do.
17 Q. So you paid them $187,000?
18 A. Yes.
19 Q. And that was in exchange for what?
14:36:37 20 A. That was exchanged -- in exchange for their
21 role in Tom being granted citizenship.
22 Q. Specifically what did they do for $187,000?
23 A. They were the agents who put us in touch with
24 people who could facilitate Tom gaining citizenship.
14:36:56 25 Q. Apart from introducing you to Dr. Kao, what
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else did they do for $187,000 of Tom's money?
A. I am not aware of the specifics of exactly
everything that they had to do to have Tom be granted
citizenship.
Q. What is your understanding in general of what
they had to do for Tom to be granted citizenship for
$187,000?
A. I think they had to talk to people who were in
certain positions and convey my conversations about
Tom's innocence and whatnot to those people and convince
those people that Tom would be a good Cambodian
citizenship -- or good Cambodian citizen. And so, you
know, exactly what they did, I don't know. That was
outside of my role.
Q. You didn't ask questions?
A. I did ask questions.
Q. And what did they tell you when you asked them
what were you -- what are you going to do for
$187,000 --
A. No. No. I asked questions like when -- when
is it going to be completed.
Q. Did you ever ask them what they were doing?
These people you were paying $187,000.
A. What are you doing?
Q. To earn your $187,000, what are you doing to
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PATRICK KELLY Court Roperters1 help Tom? Did you ever ask them that after they
2 introduced you to Dr. Kao? Because surely it was not
3 $187,000 to meet Dr. Kao.
4 A. Why? Why are you assuming it wasn't 187,000 --
14:38:46 5 Q. Was it $187,000 to meet Dr. Kao?
6 A. And whatever other roles they played in
7, obtaining citizenship for Dr. Kao.
8 Q. Okay. So question number 5. When you call
9 them agents, what do you mean by agents? Did they work
14:39:08 10 for the Cambodian government?
ial A. No.
12 Q. They're agents of whom?
13 A. They had a -- they had a business that assisted
14 in legal matters and I believe in obtaining citizenship
14:39:34 15 and other -- or obtaining visas and other things.
16 Q. Okay. Where was their office?
17 A In Phnom Penh.
18 Q. Okay. And what was the name of their agency?
19 A. I don't remember.
14:39:50 20 Q. And how many people --
21 A. I never visited their office. We always met at
22 -- near government house and Hotel Sunway, Sunway Hotel
23, I think.
24 Q. And how many people were you meeting with from
14:40:10 25, this agency that did legal matters?
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A. There was four of them.
Q. And how did --
A. There were a couple of meetings, you know.
There were various numbers would be.
Q. How many times did you meet with these agents?
A I believe twice.
Q. How did you pay them --
A These are the ones that successfully -- this is
the successful group.
Q. That successfully what? They were successful
in what?
A. This is the group that actually acquired the
citizenship as opposed to the first group.
Q. So what they actually did was acquire the
citizenship; is that correct?
A. They're the group that was behind the
acquisition of the citizenship if you're trying to trip
me up in some kind of --
Q. I'm not. What do you mean by that? What did
they do? You haven't told us anything they've done
except for talking to Dr. -- introducing you to Dr. Kao.
I'm asking for $187,000 what did they do?
A. I don't know specifically exactly what they
did.
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PATRICK KELLY Court Roperters14:41:43 5
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A. Alls I know was that I negotiated with them
that if they could successfully play their role in Tom
being granted citizenship, that they would be paid a fee
of --
Q. What's their role? That's my question. What
was their job?
A. It -- you know, I didn't know what their role
was. I mean, I didn't know exactly what it took to get
citizenship for somebody in Cambodia.
Q. Did you ask them what their role was? Did you
ask them what they were doing?
A. In what context? In terms of trying to qualify
the fee they were being paid or something? Or be....
Q. You negotiated with these agents from an
unnamed agency to pay them $187,000 for their assistance
in obtaining citizenship for Tom White. I'm asking you,
in negotiating that or in working with them did you ever
ask them what they were doing in exchange for getting
paid $187,000?
A. I think they explained it to me.
Q. And what did they explain?
A. I don't recall the details of those meetings.
Q. Give me anything.
A You know, it really wasn't important to me.
The bottom line to me was whether or not they were going
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to succeed.
Q. It didn't matter what they did; right?
A. As long as Tom wind up with -- wound up with
legal citizenship, no.
Q. Let's take a look at question number 5. Wray
is asking you, "Are all expenses and bonuses covered?"
And you said, "All expenses have already been paid with
the exception of a $10,000 US legal fee payment due
Supat two months after a successful completion of the
project." Do you see that?
A. Yes.
Q. What was Supat getting a bonus for?
A. For his role in -- Supat was the attorney who
accompanied me over to Cambodia. And his -- the
retainer agreement that Tom signed with him, which you
should have as part of your records, indicated that he
would be paid a bonus of 10,000 US upon successful
completion of the project.
Q. And in your communications with Wray, you made
no mention of the $350,000 bonus you that you were due
after successful completion of the project; correct?
A. If I had made any such announcement to Wray, I
would have broken the contract because I had given Tom
my word that I would not discuss what we had agreed --
what he agreed to pay me with specifically Wray Pomeroy,
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Cambodian citizen. You can't -- we couldn't -- you
know, once he's granted citizenship, that gets published
in the Cambodia Gazette. So it becomes public record.
So up until that point, we had tried to keep
everything extremely quiet because, as I said, if NGOs
or others had found out we were attempting to gain
citizenship for White, he would -- they would have
certainly attempted to prevent it.
So what we're talking about here is, okay, you
know, it looks like we're in the home stretch here. You
know, it's going to be announced. And, you know, the
shit's going to hit the fan so to speak. So....
Q. You were discussing with him the concern about
extradition and people who had been extradited or
repatriated from a host country due to similar charges
that Tom was facing; correct?
A. That was an additional part of it, yes.
Q. And --
A. There was the part of the NGOs finding out and
then, you know, the US attempting to put forward a
request to -- for extradition to Cambodia and what
protections Tom's Cambodian citizenship would grant him
to prevent that from happening -- or to prevent being
extradited to the US.
Q. And you were getting assurances from Dr. Kao
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became very angry and told me that I should make the
donation or whatever it was and that....
Q. In connection with these so-called rice
donations that you're referring to, did you ever verify
that the money actually went to agencies that purchased
and distributed rice to people as opposed to just some
other person for some other reason?
A. Oh, yeah, I went over to Cambodia and, you
know, followed the money and made sure that it was used
to purchase right -- how in the world would I do that?
Sorry for being facetious, but how could I do that?
Q. Did you make any efforts to verify that the
$20,000 or more --
A. No.
Q -- that was used to pay rice --
A No.
Q. -- actually went to pay for rice?
A No. And Tom didn't ask me to. If Tom had
asked me to, I would have. Tom was the one who was
looking at throwing money at all of this. I was the one
who was telling him no.
(Defendant's Exhibit No. 37 marked for
identification.)
Q. BY MR. SWANSON: This is an e-mail from Dr. Kao
to you October 21st, 2006, saying "Hi Pat, today one of
166
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PATRICK KELLY Court Roperters1 testimony about the timing of the seven-page letter that
2 that's when it -- that that's when it was written?
3 A. Where are you reading that from?
4 Q The very last paragraph of Exhibit 45.
16:17:03 5 A. No, I don't believe that is correct.
6 Q And what is correct in terms of the timing of
7, the creation of the letter?
8 A. The timing of the letter, the seven-page
9 letter?
16:17:12 10 Q. Yes.
11 A. I believe that letter was written -- I believe
12. that was written after we had.... I think it was
13 written after we had agreed to the contract. I think
14 the seven-page letter was written -- do you have that
16:18:19 15 seven-page letter? That might help.
16 (Defendant's Exhibit No. 46 marked for
17 identification.)
18 Q. BY MR. SWANSON: So Exhibit 46 has a cover page
19 saying "Exhibit 'J' 7-page Letter From Plaintiff to
16:18:38 20, Defendant." And then it is followed by what appears to
21 be a seven-page letter. So does this refresh your
22 recollection about when this letter was created?
23 There's no date on it. So....
24 A. Yeah. There are a couple of things in here
16:18:59 25 that dated as I recall. Maybe it was before. Oh, okay.
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PATRICK KELLY Court Roperters1 Yeah. I believe this was written before. So this would
2 be correct, I think.
3 Q. Okay. So it's your testimony that that was
4 written before you entered into the contract with Tom to
16:20:08 5 acquire his citizenship; is that right?
6 A. Yeah. In the -- pretty close to before, yeah.
HH I mean.
8 Q. Well --
9 A. Pretty close to when we entered into the --
16:20:2110 into the citizenship contract.
aL Q. Before, during, or after? Which?
12 A Before.
13 Q. Okay.
14 A I think. I'm pretty sure.
16:20:39 15 (Defendant's Exhibit No. 47 marked for
16 identification. )
17 THE WITNESS: As I recall, there may be
18 something in this letter that enables me to date it. I
19° may say something about a news event or something in
162135 20, there that would enable me to date it. So I'm not 100
21 percent sure that it's before, but I believe it was
22 before.
23 Q. BY MR. SWANSON: Exhibit 47 is the declaration
24 of the plaintiff Patrick Kelly. Do you see that
16:21:55 25 document?
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Preview
Edward Swanson, SBN 159859 ed@smllp.law Britt Evangelist, SBN 260457 britt@smllp.law SWANSON & McNAMARA LLP 300 Montgomery Street, Suite 1100 San Francisco, California 94104 Telephone: (415) 477-3800 Facsimile: (415) 477-9010 Attorneys for Defendant ELECTRONICALLY FILED Superior Court of Catifornia, County of San Francisco 11/08/2017 Clerk of the Court BY: GARY FELICIANO Deputy Clerk SHANE CLARIDGE KELLEY, as Executor of the Thomas F. White Estate SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PATRICK KELLY Plaintiff, Vv. SHANE CLARIDGE KELLEY, as Executor of the Thomas F. White Estate Defendant. Hil CASE NO. CGC- 13-535823 SUBMISSION OF DEPOSITION TESTIMONY ENTERED INTO EVIDENCE BY DEFENDANT THE ESTATE OF THOMAS F. WHITE; Action Filed: December 2, 2013 Court: Honorable Lynn O’Malley Taylor Dept.: 514TO ALL PARTIES AND THEIR COUNSEL OF RECORD: Pursuant to California Rule of Court 2.1040(a), Shane Claridge Kelley, in his capacity as Executor of the Estate of Thomas F. White (“the Estate”) hereby submits as Exhibit A hereto the relevant portions of the deposition transcript of Plaintiff Patrick Kelly that were played for the jury and entered into evidence during trial in the above-captioned matter. Dated: November 3, 2017 Respectfully submitted, és/ Britt Evangelist Edward W. Swanson Britt Evangelist SWANSON & McNAMARA LLP Attorneys for Defendant, Shane Claridge White, as Executor of the Thomas F. White Estate Kelly v. Kelley, CGC 13-535823 Submission Of Deposition EvidenceEXHIBIT ACERTIFIED COPY 421913 BARKLEY barkley.com (810) 207-8000 Los Angeles (415) 433-5777 San Francisco —_ (949) 955-0400 Irvine (898) 455-5444 San Diego _ {810} 207-8000 Century City (408) 885-0550 San Jose (780) 922-2240 Palm Springs (800) 222-1231 Carisbad (916) 922-5777 Sacramento (G00) 222-1231 Martinez (792) 366-0500 Las Vegas —=—(800} 222-1231 Monterey {951} 686-0606 Riverside (618) 702-0202 Woodland Hilla (702) 968-0500 Henderson (516) 277-9494 Garden City _ (212) 808-8900 New York City (947) 821-4611 Brooklyn (618) 490-1910 Albany (814) 510-9110 White Plains 812} 379-5566 Chicago 00+1+800 222 1234 Paris 00+1+800 222 1231 Dubai ~=—=—=—«001+1+800 222 1231 Hong Kong SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION PATRICK KELLY, Plaintiff, vs. Case No. CGC-13-535823 SHANE CLARIDGE WHITE, as Executor of the Thomas F. White Estate, Defendant. VIDEOTAPED DEPOSITION of PATRICK KELLY April 14, 2017 Reported by: Cherree P. Peterson, CSR No. 111081 can he be a fugitive? 2 Q. And you go on to say, "Mr. White is willing to 3. pay a reasonable fee for assistance to expedite his 4 acquiring a Cambodian passport." 13:54:50 5 How much of the fee was Mr. White willing to 6 pay for assistance to expedite his acquiring a Cambodian 7. passport? 8 A. That calls for speculation. 9 Q. Just asking what you meant when you said "Mr. 13:55:04 10 White is willing to pay a reasonable fee...." I'm not 11 asking you to speculate. You wrote it. 12 A. Well, I've written that he was willing to pay a 13 reasonable fee. He had indicated to me -- he had given 14 me a budget of $1 million on the -- to obtain 13:55:26 15 citizenship for him. 16 In terms of what I'm talking about here, I'm 17. talking about fees for individuals who are assisting in 18 the process. 19 Q. Such as? 13:55:48 20 A. Such as the individuals we were meeting with in 21 this meeting who claim to have contacts with people able 22 to grant Tom legal Cambodian citizenship. 23 Q. So paying fees to people to give you access to 24 government officials, is that what you're describing? 13:56:15 25 A. That's primarily it, yes. And whatever was 118 BARKLEY PATRICK KELLY Court Roperters13:56:34 5 9 13:56:45 10 11 12 13 13:57:06 15 13:57:40 20 13:57:55 25 involved in their potential role to help that process along. Q. And assistance in expediting, what did that mean exactly? Was that getting you in contact with government officials or did it mean something else? A. No. Tom -- let's see. Where are you reading from? Q. The end of the second paragraph. A. Tom wanted it done quickly. He wanted it done yesterday. He wanted it done as quickly as possible. And he was willing to pay more money if it could be done quickly. Q. And what assistance were you saying that Mr. White was willing to pay for? What was this assistance as you understood it? A. Whatever was required of a -- of a -- someone's agent to apply for citizenship, the applications and whatever is needed. I didn't know the specifics of any of that. So they're functioning in that role in addition to their contacts with people in high places. Q. Tom made payments to Cambodian -- to the Cambodian government before they would give him a passport; is that correct? A. I believe he did, yes. Q. What were those payments? 119 BARKLEY PATRICK KELLY Court Roperters1 Q. It's a $187,000 contract with people you did 2 not trust; is that correct? 3 A. Initially did not trust. 4 Q. At the time that you entered into the contract, 143554 5 > oral contract with these people for $187,000 you did not 6 trust them; correct? 7 A. I did not believe -- necessarily -- I trusted 8 them enough to think that they might, but I did not 9 believe that they had the contacts they said they had 14361110 unless they proved that they did. So later on they 11, proved they did. And based upon that and some other 12 interactions with them, we developed a trusting 13 relationship. And I was able to trust their word and 14 they were able to trust my word. And they followed 14:36:29 15 through with what they said they were going to do, and I 16 followed through with what I said I was going to do. 17 Q. So you paid them $187,000? 18 A. Yes. 19 Q. And that was in exchange for what? 14:36:37 20 A. That was exchanged -- in exchange for their 21 role in Tom being granted citizenship. 22 Q. Specifically what did they do for $187,000? 23 A. They were the agents who put us in touch with 24 people who could facilitate Tom gaining citizenship. 14:36:56 25 Q. Apart from introducing you to Dr. Kao, what 141 BARKLEY PATRICK KELLY Court Roperters14:37:21 5 9 14:37:45 10 11 12 13 14:38:08 15 14:38:18 20 14:38:32 25 else did they do for $187,000 of Tom's money? A. I am not aware of the specifics of exactly everything that they had to do to have Tom be granted citizenship. Q. What is your understanding in general of what they had to do for Tom to be granted citizenship for $187,000? A. I think they had to talk to people who were in certain positions and convey my conversations about Tom's innocence and whatnot to those people and convince those people that Tom would be a good Cambodian citizenship -- or good Cambodian citizen. And so, you know, exactly what they did, I don't know. That was outside of my role. Q. You didn't ask questions? A. I did ask questions. Q. And what did they tell you when you asked them what were you -- what are you going to do for $187,000 -- A. No. No. I asked questions like when -- when is it going to be completed. Q. Did you ever ask them what they were doing? These people you were paying $187,000. A. What are you doing? Q. To earn your $187,000, what are you doing to 142 BARKLEY PATRICK KELLY Court Roperters1 help Tom? Did you ever ask them that after they 2 introduced you to Dr. Kao? Because surely it was not 3 $187,000 to meet Dr. Kao. 4 A. Why? Why are you assuming it wasn't 187,000 -- 14:38:46 5 Q. Was it $187,000 to meet Dr. Kao? 6 A. And whatever other roles they played in 7, obtaining citizenship for Dr. Kao. 8 Q. Okay. So question number 5. When you call 9 them agents, what do you mean by agents? Did they work 14:39:08 10 for the Cambodian government? ial A. No. 12 Q. They're agents of whom? 13 A. They had a -- they had a business that assisted 14 in legal matters and I believe in obtaining citizenship 14:39:34 15 and other -- or obtaining visas and other things. 16 Q. Okay. Where was their office? 17 A In Phnom Penh. 18 Q. Okay. And what was the name of their agency? 19 A. I don't remember. 14:39:50 20 Q. And how many people -- 21 A. I never visited their office. We always met at 22 -- near government house and Hotel Sunway, Sunway Hotel 23, I think. 24 Q. And how many people were you meeting with from 14:40:10 25, this agency that did legal matters? 143 BARKLEY PATRICK KELLY Court Roperters14:40:25 5 9 14:40:43 10 11 12 13 14:40:56 15 14:41:06 20 14:41:22 25 A. There was four of them. Q. And how did -- A. There were a couple of meetings, you know. There were various numbers would be. Q. How many times did you meet with these agents? A I believe twice. Q. How did you pay them -- A These are the ones that successfully -- this is the successful group. Q. That successfully what? They were successful in what? A. This is the group that actually acquired the citizenship as opposed to the first group. Q. So what they actually did was acquire the citizenship; is that correct? A. They're the group that was behind the acquisition of the citizenship if you're trying to trip me up in some kind of -- Q. I'm not. What do you mean by that? What did they do? You haven't told us anything they've done except for talking to Dr. -- introducing you to Dr. Kao. I'm asking for $187,000 what did they do? A. I don't know specifically exactly what they did. 144 BARKLEY PATRICK KELLY Court Roperters14:41:43 5 9 14:42:02 10 11 12 13 14:42:25 15 14:42:47 20 14:43:02 25 A. Alls I know was that I negotiated with them that if they could successfully play their role in Tom being granted citizenship, that they would be paid a fee of -- Q. What's their role? That's my question. What was their job? A. It -- you know, I didn't know what their role was. I mean, I didn't know exactly what it took to get citizenship for somebody in Cambodia. Q. Did you ask them what their role was? Did you ask them what they were doing? A. In what context? In terms of trying to qualify the fee they were being paid or something? Or be.... Q. You negotiated with these agents from an unnamed agency to pay them $187,000 for their assistance in obtaining citizenship for Tom White. I'm asking you, in negotiating that or in working with them did you ever ask them what they were doing in exchange for getting paid $187,000? A. I think they explained it to me. Q. And what did they explain? A. I don't recall the details of those meetings. Q. Give me anything. A You know, it really wasn't important to me. The bottom line to me was whether or not they were going 145 BARKLEY PATRICK KELLY Court Roperters14:43:12 5 9 14:43:32 10 11 12 13 14:43:52 15 14:44:11 20 14:44:35 25 to succeed. Q. It didn't matter what they did; right? A. As long as Tom wind up with -- wound up with legal citizenship, no. Q. Let's take a look at question number 5. Wray is asking you, "Are all expenses and bonuses covered?" And you said, "All expenses have already been paid with the exception of a $10,000 US legal fee payment due Supat two months after a successful completion of the project." Do you see that? A. Yes. Q. What was Supat getting a bonus for? A. For his role in -- Supat was the attorney who accompanied me over to Cambodia. And his -- the retainer agreement that Tom signed with him, which you should have as part of your records, indicated that he would be paid a bonus of 10,000 US upon successful completion of the project. Q. And in your communications with Wray, you made no mention of the $350,000 bonus you that you were due after successful completion of the project; correct? A. If I had made any such announcement to Wray, I would have broken the contract because I had given Tom my word that I would not discuss what we had agreed -- what he agreed to pay me with specifically Wray Pomeroy, 146 BARKLEY PATRICK KELLY Court Roperters15:06:11 5 9 15:06:37 10 11 12 13 16:07:02 15 15:07:18 20 16:07:41 25 Cambodian citizen. You can't -- we couldn't -- you know, once he's granted citizenship, that gets published in the Cambodia Gazette. So it becomes public record. So up until that point, we had tried to keep everything extremely quiet because, as I said, if NGOs or others had found out we were attempting to gain citizenship for White, he would -- they would have certainly attempted to prevent it. So what we're talking about here is, okay, you know, it looks like we're in the home stretch here. You know, it's going to be announced. And, you know, the shit's going to hit the fan so to speak. So.... Q. You were discussing with him the concern about extradition and people who had been extradited or repatriated from a host country due to similar charges that Tom was facing; correct? A. That was an additional part of it, yes. Q. And -- A. There was the part of the NGOs finding out and then, you know, the US attempting to put forward a request to -- for extradition to Cambodia and what protections Tom's Cambodian citizenship would grant him to prevent that from happening -- or to prevent being extradited to the US. Q. And you were getting assurances from Dr. Kao 159 BARKLEY PATRICK KELLY Court Roperters15:18:25 5 9 15:18:41 10 11 12 13 15:18:54 15 15:19:09 20 16:19:29 25 became very angry and told me that I should make the donation or whatever it was and that.... Q. In connection with these so-called rice donations that you're referring to, did you ever verify that the money actually went to agencies that purchased and distributed rice to people as opposed to just some other person for some other reason? A. Oh, yeah, I went over to Cambodia and, you know, followed the money and made sure that it was used to purchase right -- how in the world would I do that? Sorry for being facetious, but how could I do that? Q. Did you make any efforts to verify that the $20,000 or more -- A. No. Q -- that was used to pay rice -- A No. Q. -- actually went to pay for rice? A No. And Tom didn't ask me to. If Tom had asked me to, I would have. Tom was the one who was looking at throwing money at all of this. I was the one who was telling him no. (Defendant's Exhibit No. 37 marked for identification.) Q. BY MR. SWANSON: This is an e-mail from Dr. Kao to you October 21st, 2006, saying "Hi Pat, today one of 166 BARKLEY PATRICK KELLY Court Roperters1 testimony about the timing of the seven-page letter that 2 that's when it -- that that's when it was written? 3 A. Where are you reading that from? 4 Q The very last paragraph of Exhibit 45. 16:17:03 5 A. No, I don't believe that is correct. 6 Q And what is correct in terms of the timing of 7, the creation of the letter? 8 A. The timing of the letter, the seven-page 9 letter? 16:17:12 10 Q. Yes. 11 A. I believe that letter was written -- I believe 12. that was written after we had.... I think it was 13 written after we had agreed to the contract. I think 14 the seven-page letter was written -- do you have that 16:18:19 15 seven-page letter? That might help. 16 (Defendant's Exhibit No. 46 marked for 17 identification.) 18 Q. BY MR. SWANSON: So Exhibit 46 has a cover page 19 saying "Exhibit 'J' 7-page Letter From Plaintiff to 16:18:38 20, Defendant." And then it is followed by what appears to 21 be a seven-page letter. So does this refresh your 22 recollection about when this letter was created? 23 There's no date on it. So.... 24 A. Yeah. There are a couple of things in here 16:18:59 25 that dated as I recall. Maybe it was before. Oh, okay. 194 BARKLEY PATRICK KELLY Court Roperters1 Yeah. I believe this was written before. So this would 2 be correct, I think. 3 Q. Okay. So it's your testimony that that was 4 written before you entered into the contract with Tom to 16:20:08 5 acquire his citizenship; is that right? 6 A. Yeah. In the -- pretty close to before, yeah. HH I mean. 8 Q. Well -- 9 A. Pretty close to when we entered into the -- 16:20:2110 into the citizenship contract. aL Q. Before, during, or after? Which? 12 A Before. 13 Q. Okay. 14 A I think. I'm pretty sure. 16:20:39 15 (Defendant's Exhibit No. 47 marked for 16 identification. ) 17 THE WITNESS: As I recall, there may be 18 something in this letter that enables me to date it. I 19° may say something about a news event or something in 162135 20, there that would enable me to date it. So I'm not 100 21 percent sure that it's before, but I believe it was 22 before. 23 Q. BY MR. SWANSON: Exhibit 47 is the declaration 24 of the plaintiff Patrick Kelly. Do you see that 16:21:55 25 document? 195 BARKLEY PATRICK KELLY Court Roperters