Preview
26-CV-20-175
Filed in District Court
State of Minnesota
7/5/2023 3:15 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF GRANT EIGHTH JUDICIAL DISTRICT
Erik A. Ahlgren, in his capacity as assignee in Court File No. 26-CV-20-174
the assignment for the benefit of creditors of
Ashby Farmers Co-Operative Elevator
Company,
Plaintiff,
v.
Matt Skjeret and Skjeret Concrete,
Defendants.
Erik A. Ahlgren, in his capacity as assignee in Court File No. 26-CV-20-175
the assignment for the benefit of creditors of
Ashby Farmers Co-Operative Elevator
Company,
Plaintiff,
v.
Plumbers, Inc.,
Defendant.
Erik A. Ahlgren, in his capacity as assignee in Court File No. 26-CV-19-201
the assignment for the benefit of creditors of
Ashby Farmers Co-Operative Elevator
Company,
Plaintiff,
v.
Marvin Gaston, Betty Gaston, and
Taxidermy Unlimited, Inc.,
Defendants.
26-CV-20-175
Filed in District Court
State of Minnesota
7/5/2023 3:15 PM
SECOND DECLARATION OF MARK G. SCHROEDER
I, Mark G. Schroeder, declare as follows:
1. I am a partner in the law firm of Taft Stettinius & Hollister LLP, and represent
Defendants Marvin Gaston, Betty Gaston, and Taxidermy Unlimited, Inc. (“Defendants”) in this
action. I submit this declaration upon personal knowledge, and in support of Defendants’ Motion
for Summary Judgment.
2. Attached hereto as Exhibit 1 are true and correct copies of excerpts from the
deposition transcript of Kimberly Goeden.
Pursuant to Minn. Stat. § 358.116, I declare under penalty of perjury that the foregoing is
true and correct.
Executed on: July 5, 2023 s/ Mark G. Schroeder
Hennepin County, Minnesota Mark G. Schroeder
127903185v1
2
26-CV-20-175
Filed in District Court
State of Minnesota
CASE 0:19-cv-00303-JRT-LIB Doc. 135-12 Filed 05/18/21 Page 2 of 47 7/5/2023 3:15 PM
Page 1
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Erik A. Ahlgren, Case No.: 19-CV-1576-JRT-LIB
in his capacity as Consol, with
assignee in the assignment 19-CV-303-JRT-LIB
for the benefit of creditors 19-CV-305-JRT-LIB
of Ashby Farmers Co-Operative 19-CV-1607-JRT-LIB
Elevator Company, 19-CV-1647-JRT-LIB
19-CV-2385-JRT-LIB
Plaintiff,
vs .
JP Morgan Chase Bank, N.A.,
d/b/a Chase Card Services,
Defendant.
REM 0 T E
V I D E 0 C 0 N F E R E N C E
TELECOM F E R E N C E
D E P 0 S I T I 0 N
of
KIMBERLY MARIE DYSTHE GOEDEN
March 5, 2021
10:11 a .m.
REPORTER: Kerstin I. Haukebo
Lec5al Services
EXHIBIT 1
26-CV-20-175
Filed in District Court
State of Minnesota
CASE 0:19-cv-00303-JRT-LIB Doc.135-12 Filed 05/18/21 Page 6 of 47 7/5/2023 3:15 PM
Page 14 Page 15
1 and I've not done really anything, except during the 1 A. I remarried.
2 meeting today, so... 2 Q. Okay. So you were divorced and then remarried?
3 Q. Okay. We appreciate your time — 3 A. CoiTect.
4 A. or course. 4 Q. Do you have any children?
5 Q. - we really do. 5 A. 1 have four.
6 A. Of course. 6 Q. Wow.
7 Q. Ah, can you please state your full name for the 7 A. Yeah.
8 record. 8 Q. Ages?
9 A. Kimberly Marie Dysthe Goeden. 9 A. Ah, 29, 25, 24, and 22, and 1 have a
10 Q. And have you been known by any other names or 10 12-year-old stepson.
11 aliases? 11 Q. And do they live, ah, with you at home, or are
12 A. Ah, I was married for 18 years, and I was known 12 they out of the house, the 20-year-old.s?
13 as Kimberly Marie Dysthe Weaver. 13 A. The 20-year-olds are all out of the house, and
14 Q. Whafs your date and place of birth? 14 the 12-year-old is with us full time.
15 A. My date is 10-10-72, and 1 was born in Edina, 15 Q. We're going to go through your education and
16 Minnesota. 16 employment history, ah, and I'll start with high school.
17 Q. Me too. 17 Did you graduate high school?
18 A. At Fairview? 18 A. Yes, 1 did, Thomas Jefferson in Bloomington,
19 Q. At Fairview, 19 Q. And what year was that?
20 Where do you currently live? 20 A. 1991,
21 A. In Fergus Falls, Minnesota. 21 Q. And did you go to college or any other
22 Q. And what's your address there? 22 jrostsecondary schooling?
23 A, 2015 Woodland Lane. 23 A. So 1 went to the community college in
24 Q. And you said you were married before. Are you 24 Normandale in Bloomington, and 1 also went to the
25_^ no longer married? 25 Hennepin Technical College and got my CNA.
Page 16 Fag.3 17
1 Q. WhafsaCNA',' 1 Q. And how long did you work at the Fergus Falls
2 A. Certified nursing assistant. 2 YMCA?
3 Q, And what years did you attend Normandale and 3 A. Well, ] worked there for a year, and then my
4 Hennepin Tech? 4 family and I moved to California, and then we came back
5 A. Ah, let's see, '91 through '94 I was at 5 and I worked there - let me think now - worked — no.
6 Normandale, and '92 I took the certified nursing 6 excuse me, when I came back from California, I worked
7 assistant course. 7 there for a year, then my family and I moved to Arizona,
8 Q. So did you graduate from Nonnandale with some 8 and then I was there for a year and then I came back to
9 sort of degree? 9 the YMCA and I worked there for four years after that.
10 ■A,. No, I ended up finishing that year, and then I 10 Q. So it's always dangerous having a lawyer try to
11 got married and started having kids. 11 do numbers, but did you - so that would mean, if you
12 Q. But you did get your certified nursing... 12 worked there for four years prior to starting at the
13 A. Uh-huh, yes, yes. 13 elevator, you worked there from 2008 to 2012?
14 Q. So, urn, in 1994 you said you got married. You 14 A. Yes, that's correct, yes.
15 started having kids. 15 Q. And then when did you start, ah, as the
16 Did you work as well? 16 boolvlceeper at the co-op?
17 ,A. .Fust odds and ends. Um, I worked at 17 A. November of 2012.
18 Linen N' Things in Plymouth for a year, and then when we 18 Q. And did you leave your job at the YMCA for the
19 moved to Fergus Falls I worked at the Americlnn for a 19 bookkeeper position, or were you looking — you were
20 year. Otherwise I was primarily just a stay-at-liome 20 looking for a job in between jobs? How did that come
21 mom. 21 about?
22 Q. Did you have a job, ah, immediately prior to 22 A. No. it was time to be done at the YMCA, and so
23 becoming the bookkeeper of the co-op? 23 1 was — 1 had been — 1 had a conflict of interest with
24 A. Yes, I worked for the Fergus Falls YMCA as the 24 the new director, and she let me go, and then, ah, I was
25 membership and marketing director. 25 home for three months and then started at the bookkeeper
'Paces 14 to 17
Legal Services
EXHIBIT 1
26-CV-20-175
Filed in District Court
State of Minnesota
CASE 0:19-cv-00303-JRT-LIB Doc. 135-12 Filed 05/18/21 Page 14 of 47 7/5/2023 3:15 PM
Page 46 Page 47
1 A. So it would just be in the computer then, and 1 Um, do you know what grain payable is or was?
2 then vvlion I would do my next-morning work it would come 2 A. No.
3 out on my report that they had been billed. 3 Q. Do you know why it was a liability?
4 Q. Okay. Paragraph 8, take a minute to just read 4 A. No,
5 it, and 1 have a few ciuestions as well about this 5 Q, And I know you say here you're not certain how
6 paragraph. 6 it was determined which payables were storage liability
7 A. Okay. Okay. 7 and which were shown as a grain payable, and 1 don't
8 Q. Okay. So this paragraph 8, you're talking 8 want you to guess, but is it possible that grain payable
9 about, ah, ejuote, storage liability and, quote, grain 9 is grain that was actually purchased by the co-op and
10 ]3ayable; is that correct? 10 not yet paid for and storage liabilit)' grain was just
11 A. Yes. 11 being stored for a fanner at the co-op?
12 Q. Do you know what storage liability is? 12 A. Absolutely possible.
13 .-k. I mean, to me, it's the - what we have in 13 Q, Okay. But you don't know?
14 storage in the computer that belongs to the - or, you 14 A, 1 don't know.
15 know, the grain that we're storing for the farmers. 15 Q. Okay. Paragraph 9 - and if s a short
16 Q. Do you know why it was coded as a liability? 16 paragraph, but there's a lot in this short paragraph so
17 A. No. 17 let's break it down a little bit - ah, you write, "From
18 Q. Or why it was included as a negative asset on 18 what 1 now understand to be the purpose" — "to be for
19 the co-op's balance sheet? 19 the purpose of concealing checks, Hennessey would have
20 A. No. 20 me enter checks into the accounting system while coding
21 Q. So 1 don't want you to guess, but is it grain 21 them as purchases of soybeans, wheat, corn, feed, or
22 payable - sorry. Okay. Strike that. 22 other ordinary expenses of the co-op. 1 did not
23 Now 1 have a question about the category, 23 understand that Hennessey was having me enter these
24 quote, grain payable, also in the liability section of 24 checks for an improper purpose."
25 the balance sheet. 25 Is that what it sap?
Page 48 Page 4 9
1 A. Correct. 1 enter, I entered them.
2 Q. So you say "from what I now understand." Ah, 2 ,Q. So my question is at what point did you come to
3 the question 1 have for you is how did you come to 3 understand that Mr. Hennessey's intent was to conceal
4 understand, um, what the purpose of Hennessey's, you 4 the checks?
5 know, writing checks w'as for - that w'as a bad question. 5 A. Um, after he went on the run and was gone and
6 (Inaudible) in a different way. 6 things wei'e coming to light as to what was going on.
7 A. 1 appreciate it. 7 Q. Okay. Fair enough. Ah, and you say you did
8 Q. So you write in the declaration, "From what 1 8 not understand that you were being asked to code these
9 now understand to be for the purpose of concealing 9 checks a certain way for an improper purpose.
10 checks," so — 10 Do you see that'.'
11 A. So obviously after all of this, you know, 11 A. Yes.
12 happened, it kind of came to light as to what was going 12 Q. Would there have been a proper or legitimate
13 on. 13 purpose to code the checks this way?
14 Q. So at the time you did not understand the 14 A. To be very honest with you, I just didn't think
15 purpose of entering the checks in the accounting system? 15 about it. 1 mean, it really was just me doing what I
16 A. I mean, I - 1 understood that I was taking a 16 was told to do. And 1 didn't ever question him. He had
17 check and entering the check in the accounting system. 17 been there for 30 years, and I figured the bookkeepers
18 I didn't know that was - um, how do I - how do 1 18 before me had clone it for him and who was 1 to question
19 explain it? 19 what he was doing or why he did things in the manner
20 So when 1 first started working at the elevator 20 that he did them.
21 .lerry brought me an envelope that came eveiy month and 21 Q, Okay. But you could see the checks were not
22 he said, "Don't ever open these ones," and I knew he 22 actually for the things you were coding them for,
23 traded grain and I didn't know how he did all of his 23 correct?
24 stuff and so I never questioned him on when he would 24 A. Yes. Like he would have on there soybeans,
21 give me checks. You know, if he brought me checks to 25 wheat, corn, feed, and then clearly I entered them into
13 (Page.s 4 6 to 4 9)
Legal Services
EXHIBIT 1
26-CV-20-175
Filed in District Court
State of Minnesota
CASE 0:19-cv-00303-JRT-LlB Doc. 135-12 Filed 05/18/21 Page 15 of 47 7/5/2023 3:15 PM
Page 50 Fm g '3 51
1 the computer and tagged them to that for him. You know, 1 Q. Did you tell anyone about the mismatching
2 I w'ouldn't decide what they got tagged to. They would 2 coding?
3 come to me tagged already — or coded, excuse me, coded 3 A. No.
4 already, and then I would just (inaudible) in the 4 Q. Did Quattro know about the mismatching coding?
5 computer for that. 5 A. Well, I'm assuming she had to know' because she
6 Q. Okay. But you could see that the check, right, 6 had full access to the checks and the coding and
7 was written to Jay Link, for example, so it wasn't 7 everything.
8 actually soybeans, it wasn't actually corn, it wasn't 8 Q. Okay. Do you know if, ah, the co-op's
9 actually wheat or feed, right? 9 accountants knew'?
10 A. Not that I knew of I mean, I guess I didn't 10 A. No, I don't know whether they knew' or not.
11 know one way or the other. I mean, truthfully, I didn't 11 Q. Did the board of directors know'.^
12 know who Jay Link was. You know, Jay Link wasn't a — 12 A. 1 don't know whether they knew' or not.
13 and no offense to .Jay Link, I'm sure he's wonderful, 13 Q. And any of the other employees at the co-op
14 but, I mean, I had no idea who Jay Link was, you know. 14 know?
15 Q. Let me ask you a different question then. Ah, 15 A. Ah. that I don't know.
16 if a check was written out to Chase Credit Card Services 16 Q. And you mentioned previously that your
17 or Chase Card Services - okay? Do you know who 17 predecessor was Nancy Olson; is that right?
18 Chase — JPMorgan Chase Bank is? 18 A. Yes.
19 A. Yes. 19 Q. Okay. Are you aw'are she was interviewed as
20 Q. — okay, and if the check said Chase Card 20 ]3art of the IRS criminal investigation into
21 Services and the slip on top said soybeans - 21 Mr. Hennessey?
22 A. Yes. 22 A. Yes.
23 Q. — you could see that the check wasn't — it 23 Q. Vi'ere you interviewed by the IRS as part of the
24 didn't have anything to do with soybeans, right? 2 4criminal investigation?
25 A, Correct. £5^........... A.... No.........
Page 52 Paga 53
1 Q. Okay. I'm going to show you another document. 1 Q. That would be correct. Ah, 1 will represent to
2 We can mark this Exhibit 2 to today's deposition. 2 you that this was provided to us by Mr. Ahlgren.
3 MR. SCHIIOEDER: Johanna, just for the record - 3 A, Okay.
4 and, again, this is Mark Schroeder — I'm not sure if 4 Q. 1 just have a few' questions about some of the
5 you ever marked the Goeden declaration as an exhibit 5 things Ms. Olson said in her interview, and some of this
6 number, so maybe we can clean that u|). I assume that's 6 stuff I actually can skip, because we've actually
7 the — is that going to be Deposition Exhibit No. 1? 7 covered it, but I will ask just to confirm.
8 MS. HYMAN; That wall be Deposition Exhibit 8 Ah, paragraph 6, Nancy Olson said she has
9 No. 1, and it will include the Exhibit A attached, so 9 signatory authorization on the regular expense checks
10 w'hen 1 mail it — when I e-mail it to the court reporter 10 from the elevator's account.
11 it will be -- the full declaration, with the Exhibit A, 11 Did you also have signatory authorization?
12 will all be Deposition Exhibit 1. 12 A. Yes.
13 MR. SCHROEDER: Thank you. 13 Q. And were you able to endorse checks written
14 MS. HYMAN: Thanks for helping me with that, 14 by — ah, to deposit into the account?
15 Mark. 15 A, 1 had a stamp of Jerry's.
16 BY MS. HYMAN: 16 Q. So you were an authorized signer on the co-op's
17 Q. Okay. And we'll mark this Deposition 17 checking account; is that correct?
18 Exhibit No. 2 for today. 18 A. Correct.
19 Ah, have you ever seen this document before? 19 Q. This says Hennessey had a girlfriend named Kim.
20 A. No. 20 That's not you, is that?
21 (Exhibit 2 was introduced for identification.) 21 A. No.
22 BY MS. HYMAN: 22 Q. 1 didn't think so. .
23 Q. Okay. Do you know what it is? Take a minute, 23 A. No, no, no.
24 look at it, and let me know if you know what it is. 24 Q. Okay. And we've come to learn - I'm going to
25 A. I'm just assuming it's their interview.____________ 25 38 - "Hennessey hired a w'oman to rejilace Olson. Olson
14 (Paces 50 to 53)
Legal SERVtcHS
EXHIBIT 1
26-CV-20-175
Filed in District Court
State of Minnesota
CASE 0:19-cv-00303-JRT-LIB Doc.135-12 Filed 05/18/21 F^age 17 of 47 7/5/2023 3:15 PM
Page 58 Page 59
1 A. Correct. 1 You know, I didn't — you know, she had told me
2 Q. So did Hemie.sseyevermake any statements to 2 stories of — ah, that he bought a bunch of — when he
3 you that he believed his winnings that were in the 3 was having his affair, he bought a bunch of, ah,
4 co-op's account was actually his money? 4 furniture and beds and things like that and how she got
5 A. 1 look that from him coming to me, right when I 5 all of that when he broke off the affair. He gave her
6 started working there, saying, "Don't ever open" — 6 the key to the storage locker and said, "You can go and
7 "Don't ever open this envelope when it comes. This 7 liave all of it," and so she went and - her husbajid and
8 one's for me," and it had his name on it, to him from 8 her went and picked it all up and got to keep it all.
9 Cil IS Trading, and so I just assumed that that was his. 9 But 1 Just - I had Just started there, and, to
10 Q. Did he ever state to you,though, that he 10 me, a lot of it was Just gossip and scuttlebutt and 1
11 was — he considered his winnings to be his and not the 11 just didn't want to be involved in it, and so I didn't
12 co-op's? 12 really — I just stayed out of it, you know, and like I
13 A. No, he never discussed it with me. 13 said — and then, um, it was right away when he brought
14 Q. Okay. Ah, I'm looking at paragraph 40 here. 14 me that, ah, piece of mail and told me to never open
15 It says, "Olson and tlie new bookkeeper discussed how 15 those, and, like, you know, 1 kinda --1 Just stayed out
16 Hennessey's personal expenses, which were paid for by 16 of it. I didn't — you know, obviously naive on my
17 the elevator, were oddly categorized in the books and 17 part, now hindsight's 2020, but I did not want to be
18 records." 18 involved m what went on with his affair or Nancy being
19 Did you discuss that with Nancy Olson? 19 upset about stuff or anything like that, you know.
20 A. She had told me that she thought that he would 20 Q. Okay. That's fair, but did you discuss or did
21 use his — some of these checks had to be for personal 21 she say to you that —
22 stuff, but Nancy was also, ah, for lack of a better 22 A. Well, she would — she would say stuff to me.
23 term, a little disgruntled with him, and Nancy had also 23 You laiow, she would Just say to me — she told me the
24 received tilings from him that he bought, and I was Just 24 story about getting all of his things. She, ah - you
2_5.....moje like, "Ah, I'm staying out of it" kind of a thing. 25 laiow, she had told me that she had — they were paying
Page 60 Page 61
1 for a monthly law service, ah, and that's why she quit 1 job.
2 working there, ah, but the day she left there she went 2 Q. Okay. I'm going to go back to -
3 and asked him for $5,000 and he gave it to her, so I 3 MR. SCHROEDER: Hey, Johanna, when are we going
4 didn't - which I thought was odd also - so 1 just 4 to fake a break?
5 didn't know what the story was and the situation. 1 5 MS. HYMAN: Y'hen do you want to take a break?
6 just didn't want to involve myself with it, so... 6 MR. SCHROEDER: How about right now, if you're
7 Q. Okay. You said you thought the $5,000 thing 7 at a good breaking point? We've been going about an
8 was kind of odd also, so did you Just feel like the 8 hour, 40.
9 whole situation w'as a little odd when you started? 9 MS. HYMAN: Okay. Eet me finish - 1 have,
10 A. Yeah, but, I mean- 10 like, three little quick follow-up questions, and then,
11 Q. But you wanted tostay out of it? 11 ah, we'll take a break.
12 A. I wanted to stay out of it. I was a single mom 12 BY MS. HYMAN:
13 at the time, I was going through my divorce, and it was 13 Q. Okay. So we're just quick going back to your,
14 a good job for me and I Just didn't want to get involved 14 ah, declaration, and then we'll take a quick break.
15 in that stuff 15 A. Okay.
16 Q. I totally get that. 16 Q. I'm just looking back now, what you said in
17 A. I Just kind of was like, okay. I'm a single mom 17 your affidavit, ah, in paragraph 9, that you didn't
18 of four kids, this has insurance, it pays me well, and 18 understand the coding of checks for Hennessey's personal
19 whatever went on here with those two is between those 19 expenses was for an improper purpose.
20 two. I Just didn't want to know. 20 As you sit here today, is that true, that at
21 And I didn't — I mean, I had known Nancy for 21 the time you didn't understand it was for an improper
22 two weeks, so it's not — I'm not saying that I didn't 22 purpose?
23 trust her, but I'm also saying, like, I don't know her 23 A. No, I didn't understand it was for an improper
24 from Adam, so I don't - I don't know. I Just didn't 24 purpose.
25 want to be involved in it. I was excited to have a good 25 Q. Did you believe it was being coded that way for
16 (Page.s 58 to 61)
Legal Services
EXHIBIT 1
26-CV-20-175
Filed in District Court
State of Minnesota
CASE 0:19-cv-00303-JRT-LIB Doc. 135-12 Filed 05/18/21 Page 24 of 47 7/5/2023 3:15 PM
Page 86 Page 87
1 A. Oh, it varied. 1 through tny lawyer.
2 Q. This is something you did often? 2 Q. Okay. That's fair. Let me just take a minute
3 A. 1 would not say often, but 1 did it, yes. 3 to look at my notes really quick, and then I think 1 can
4 Q, And was that at Jerry's approval? 4 turn it over to Erik.
5 A. Yes. 5 A. Okay.
6 Q. So Jerry was aware that — 6 MR. AHLGREN: Are we just going to fake a
7 A. Yes. 7 five-minute break?
8 Q. - you were taking - 8 MS. HYMAN: I don’t even think it will be
9 A. You had to ask JeiTy. Like the employees had 9 five minutes. Give me -
10 to go to JeiTy and ask JeiTy if we could. 10 MR. AHLGREN: Okay.
11 Q. Did Jerry ever give you a loan from the co-op? 11 MR. SCHROEDER: Do you want to take a
12 I guess it's similar to an advance, but — 12 five-minute break, Mr. Ahlgren?
13 A, No. 13 MR. AHLGREN: I don't need to.
14 Q. - like a chunk of money that you had to pay 14 Kim, do you want to?
15 back over time. 15 THE WITNESS: No, I'm good.
16 A. I mean, it was — I mean, I guess an advance 16 MS. HYMAN: I think I'm good for now, and
17 and a loan are kind of considered the same thing, maybe. 17 ttnless anyone wants to take a break — I'm talking to
18 I don't know. 1 mean, nobody ever said, like, it's a 18 Jared, Mark, Joe, um, Kim — anyone wants to take a
19 loan. It was just always ean we take an advance on our 19 break, let me know. Otherwise I will turn it over to
20 pay, and he would say yes, and then it would deduct out 20 Erik, if you have any questions.
21 of our paycheck. 21 MR. AHLGREN: Hearing no one say that they want
22 Q. Did you ever use money from the co-op for your 22 to take a break, I'll just, ah, ask a few questions.
23 personal expenses? 23
24 A. You know, 1 guess, to be honest with you. 24
25 reJemng to me and the elevator, that would have to go 25
Page 88 Page 89
1 EXAMINATION 1 Q. I don't think that you prepared this table
2 BY MR. AHLGREN; 2 either, but, ah, is the information contained in thts
3 Q. Ah, Kim, you know me. 3 table information that would be in ykGRlS?
4 A. Yes. 4 A. Yes.
5 Q. Ah, I'm Erik Ahlgren. I represent - or I am 5 Q. So the payee would be listed in /AGRIS; is that
6 the assignee on behalf of, ah, the creditors of the 6 correct?
7 Ashby Farmers Co-Operative Elevator Company. I have a 7 A. Correct.
8 few follow-up questions. 8 Q. y\nd the check number would be listed in AGRIS?
9 .VIR. AFILGREN: Johanna, could you bring up your 9 A. Correct.
10 Exhibit No. 1? 10 Q. And the date that the check was entered into
11 MS. HYMAN: Yes. 11 the system would be entered into AGRIS?
12 MR. AFILGREN: And could you bring it to the 12 A. Yes.
13 table. 13 Q. And the amount of the check would be listed
14 MS. HYM.AN: This one? 14 into AGRIS?
15 MR. AHLGREN: That one, yes, right there. Ah, 15 A. Yes.
16 actually, scroll down, yeah, just so we can see the 16 Q. And how it was coded would be listed in AGRIS;
17 headings. 17 is that correct?
18 BY MR. AHLGREN: 18 A. Yes.
19 Q. Okay. Kim, you testified that you didn't 19 Q. So the date entered into the accounting system.
20 prepare this table; is that correct? 20 if we look at the dates listed there, those are the
21 A. Yeah, I don't remember if I specifically 21 dates that you would have actually entered them into the
22 prepared this one. I know it looks like it was part of 22 AGRIS accounting system.
23 a spreadsheet that I probably could have sent over, but 23 Is that accurate?
24 I don't remember specifically putting the table 24 A. Yes.
25 together, I guess. 25 Q. Ah, but, ah, w'e had previously looked at the
23 (Pages 86 to 89)
Legal Services
EXHIBIT 1
Preview
26-CV-20-175 Filed in District Court State of Minnesota 7/5/2023 3:15 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF GRANT EIGHTH JUDICIAL DISTRICT Erik A. Ahlgren, in his capacity as assignee in Court File No. 26-CV-20-174 the assignment for the benefit of creditors of Ashby Farmers Co-Operative Elevator Company, Plaintiff, v. Matt Skjeret and Skjeret Concrete, Defendants. Erik A. Ahlgren, in his capacity as assignee in Court File No. 26-CV-20-175 the assignment for the benefit of creditors of Ashby Farmers Co-Operative Elevator Company, Plaintiff, v. Plumbers, Inc., Defendant. Erik A. Ahlgren, in his capacity as assignee in Court File No. 26-CV-19-201 the assignment for the benefit of creditors of Ashby Farmers Co-Operative Elevator Company, Plaintiff, v. Marvin Gaston, Betty Gaston, and Taxidermy Unlimited, Inc., Defendants. 26-CV-20-175 Filed in District Court State of Minnesota 7/5/2023 3:15 PM SECOND DECLARATION OF MARK G. SCHROEDER I, Mark G. Schroeder, declare as follows: 1. I am a partner in the law firm of Taft Stettinius & Hollister LLP, and represent Defendants Marvin Gaston, Betty Gaston, and Taxidermy Unlimited, Inc. (“Defendants”) in this action. I submit this declaration upon personal knowledge, and in support of Defendants’ Motion for Summary Judgment. 2. Attached hereto as Exhibit 1 are true and correct copies of excerpts from the deposition transcript of Kimberly Goeden. Pursuant to Minn. Stat. § 358.116, I declare under penalty of perjury that the foregoing is true and correct. Executed on: July 5, 2023 s/ Mark G. Schroeder Hennepin County, Minnesota Mark G. Schroeder 127903185v1 2 26-CV-20-175 Filed in District Court State of Minnesota CASE 0:19-cv-00303-JRT-LIB Doc. 135-12 Filed 05/18/21 Page 2 of 47 7/5/2023 3:15 PM Page 1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Erik A. Ahlgren, Case No.: 19-CV-1576-JRT-LIB in his capacity as Consol, with assignee in the assignment 19-CV-303-JRT-LIB for the benefit of creditors 19-CV-305-JRT-LIB of Ashby Farmers Co-Operative 19-CV-1607-JRT-LIB Elevator Company, 19-CV-1647-JRT-LIB 19-CV-2385-JRT-LIB Plaintiff, vs . JP Morgan Chase Bank, N.A., d/b/a Chase Card Services, Defendant. REM 0 T E V I D E 0 C 0 N F E R E N C E TELECOM F E R E N C E D E P 0 S I T I 0 N of KIMBERLY MARIE DYSTHE GOEDEN March 5, 2021 10:11 a .m. REPORTER: Kerstin I. Haukebo Lec5al Services EXHIBIT 1 26-CV-20-175 Filed in District Court State of Minnesota CASE 0:19-cv-00303-JRT-LIB Doc.135-12 Filed 05/18/21 Page 6 of 47 7/5/2023 3:15 PM Page 14 Page 15 1 and I've not done really anything, except during the 1 A. I remarried. 2 meeting today, so... 2 Q. Okay. So you were divorced and then remarried? 3 Q. Okay. We appreciate your time — 3 A. CoiTect. 4 A. or course. 4 Q. Do you have any children? 5 Q. - we really do. 5 A. 1 have four. 6 A. Of course. 6 Q. Wow. 7 Q. Ah, can you please state your full name for the 7 A. Yeah. 8 record. 8 Q. Ages? 9 A. Kimberly Marie Dysthe Goeden. 9 A. Ah, 29, 25, 24, and 22, and 1 have a 10 Q. And have you been known by any other names or 10 12-year-old stepson. 11 aliases? 11 Q. And do they live, ah, with you at home, or are 12 A. Ah, I was married for 18 years, and I was known 12 they out of the house, the 20-year-old.s? 13 as Kimberly Marie Dysthe Weaver. 13 A. The 20-year-olds are all out of the house, and 14 Q. Whafs your date and place of birth? 14 the 12-year-old is with us full time. 15 A. My date is 10-10-72, and 1 was born in Edina, 15 Q. We're going to go through your education and 16 Minnesota. 16 employment history, ah, and I'll start with high school. 17 Q. Me too. 17 Did you graduate high school? 18 A. At Fairview? 18 A. Yes, 1 did, Thomas Jefferson in Bloomington, 19 Q. At Fairview, 19 Q. And what year was that? 20 Where do you currently live? 20 A. 1991, 21 A. In Fergus Falls, Minnesota. 21 Q. And did you go to college or any other 22 Q. And what's your address there? 22 jrostsecondary schooling? 23 A, 2015 Woodland Lane. 23 A. So 1 went to the community college in 24 Q. And you said you were married before. Are you 24 Normandale in Bloomington, and 1 also went to the 25_^ no longer married? 25 Hennepin Technical College and got my CNA. Page 16 Fag.3 17 1 Q. WhafsaCNA',' 1 Q. And how long did you work at the Fergus Falls 2 A. Certified nursing assistant. 2 YMCA? 3 Q, And what years did you attend Normandale and 3 A. Well, ] worked there for a year, and then my 4 Hennepin Tech? 4 family and I moved to California, and then we came back 5 A. Ah, let's see, '91 through '94 I was at 5 and I worked there - let me think now - worked — no. 6 Normandale, and '92 I took the certified nursing 6 excuse me, when I came back from California, I worked 7 assistant course. 7 there for a year, then my family and I moved to Arizona, 8 Q. So did you graduate from Nonnandale with some 8 and then I was there for a year and then I came back to 9 sort of degree? 9 the YMCA and I worked there for four years after that. 10 ■A,. No, I ended up finishing that year, and then I 10 Q. So it's always dangerous having a lawyer try to 11 got married and started having kids. 11 do numbers, but did you - so that would mean, if you 12 Q. But you did get your certified nursing... 12 worked there for four years prior to starting at the 13 A. Uh-huh, yes, yes. 13 elevator, you worked there from 2008 to 2012? 14 Q. So, urn, in 1994 you said you got married. You 14 A. Yes, that's correct, yes. 15 started having kids. 15 Q. And then when did you start, ah, as the 16 Did you work as well? 16 boolvlceeper at the co-op? 17 ,A. .Fust odds and ends. Um, I worked at 17 A. November of 2012. 18 Linen N' Things in Plymouth for a year, and then when we 18 Q. And did you leave your job at the YMCA for the 19 moved to Fergus Falls I worked at the Americlnn for a 19 bookkeeper position, or were you looking — you were 20 year. Otherwise I was primarily just a stay-at-liome 20 looking for a job in between jobs? How did that come 21 mom. 21 about? 22 Q. Did you have a job, ah, immediately prior to 22 A. No. it was time to be done at the YMCA, and so 23 becoming the bookkeeper of the co-op? 23 1 was — 1 had been — 1 had a conflict of interest with 24 A. Yes, I worked for the Fergus Falls YMCA as the 24 the new director, and she let me go, and then, ah, I was 25 membership and marketing director. 25 home for three months and then started at the bookkeeper 'Paces 14 to 17 Legal Services EXHIBIT 1 26-CV-20-175 Filed in District Court State of Minnesota CASE 0:19-cv-00303-JRT-LIB Doc. 135-12 Filed 05/18/21 Page 14 of 47 7/5/2023 3:15 PM Page 46 Page 47 1 A. So it would just be in the computer then, and 1 Um, do you know what grain payable is or was? 2 then vvlion I would do my next-morning work it would come 2 A. No. 3 out on my report that they had been billed. 3 Q. Do you know why it was a liability? 4 Q. Okay. Paragraph 8, take a minute to just read 4 A. No, 5 it, and 1 have a few ciuestions as well about this 5 Q, And I know you say here you're not certain how 6 paragraph. 6 it was determined which payables were storage liability 7 A. Okay. Okay. 7 and which were shown as a grain payable, and 1 don't 8 Q. Okay. So this paragraph 8, you're talking 8 want you to guess, but is it possible that grain payable 9 about, ah, ejuote, storage liability and, quote, grain 9 is grain that was actually purchased by the co-op and 10 ]3ayable; is that correct? 10 not yet paid for and storage liabilit)' grain was just 11 A. Yes. 11 being stored for a fanner at the co-op? 12 Q. Do you know what storage liability is? 12 A. Absolutely possible. 13 .-k. I mean, to me, it's the - what we have in 13 Q, Okay. But you don't know? 14 storage in the computer that belongs to the - or, you 14 A, 1 don't know. 15 know, the grain that we're storing for the farmers. 15 Q. Okay. Paragraph 9 - and if s a short 16 Q. Do you know why it was coded as a liability? 16 paragraph, but there's a lot in this short paragraph so 17 A. No. 17 let's break it down a little bit - ah, you write, "From 18 Q. Or why it was included as a negative asset on 18 what 1 now understand to be the purpose" — "to be for 19 the co-op's balance sheet? 19 the purpose of concealing checks, Hennessey would have 20 A. No. 20 me enter checks into the accounting system while coding 21 Q. So 1 don't want you to guess, but is it grain 21 them as purchases of soybeans, wheat, corn, feed, or 22 payable - sorry. Okay. Strike that. 22 other ordinary expenses of the co-op. 1 did not 23 Now 1 have a question about the category, 23 understand that Hennessey was having me enter these 24 quote, grain payable, also in the liability section of 24 checks for an improper purpose." 25 the balance sheet. 25 Is that what it sap? Page 48 Page 4 9 1 A. Correct. 1 enter, I entered them. 2 Q. So you say "from what I now understand." Ah, 2 ,Q. So my question is at what point did you come to 3 the question 1 have for you is how did you come to 3 understand that Mr. Hennessey's intent was to conceal 4 understand, um, what the purpose of Hennessey's, you 4 the checks? 5 know, writing checks w'as for - that w'as a bad question. 5 A. Um, after he went on the run and was gone and 6 (Inaudible) in a different way. 6 things wei'e coming to light as to what was going on. 7 A. 1 appreciate it. 7 Q. Okay. Fair enough. Ah, and you say you did 8 Q. So you write in the declaration, "From what 1 8 not understand that you were being asked to code these 9 now understand to be for the purpose of concealing 9 checks a certain way for an improper purpose. 10 checks," so — 10 Do you see that'.' 11 A. So obviously after all of this, you know, 11 A. Yes. 12 happened, it kind of came to light as to what was going 12 Q. Would there have been a proper or legitimate 13 on. 13 purpose to code the checks this way? 14 Q. So at the time you did not understand the 14 A. To be very honest with you, I just didn't think 15 purpose of entering the checks in the accounting system? 15 about it. 1 mean, it really was just me doing what I 16 A. I mean, I - 1 understood that I was taking a 16 was told to do. And 1 didn't ever question him. He had 17 check and entering the check in the accounting system. 17 been there for 30 years, and I figured the bookkeepers 18 I didn't know that was - um, how do I - how do 1 18 before me had clone it for him and who was 1 to question 19 explain it? 19 what he was doing or why he did things in the manner 20 So when 1 first started working at the elevator 20 that he did them. 21 .lerry brought me an envelope that came eveiy month and 21 Q, Okay. But you could see the checks were not 22 he said, "Don't ever open these ones," and I knew he 22 actually for the things you were coding them for, 23 traded grain and I didn't know how he did all of his 23 correct? 24 stuff and so I never questioned him on when he would 24 A. Yes. Like he would have on there soybeans, 21 give me checks. You know, if he brought me checks to 25 wheat, corn, feed, and then clearly I entered them into 13 (Page.s 4 6 to 4 9) Legal Services EXHIBIT 1 26-CV-20-175 Filed in District Court State of Minnesota CASE 0:19-cv-00303-JRT-LlB Doc. 135-12 Filed 05/18/21 Page 15 of 47 7/5/2023 3:15 PM Page 50 Fm g '3 51 1 the computer and tagged them to that for him. You know, 1 Q. Did you tell anyone about the mismatching 2 I w'ouldn't decide what they got tagged to. They would 2 coding? 3 come to me tagged already — or coded, excuse me, coded 3 A. No. 4 already, and then I would just (inaudible) in the 4 Q. Did Quattro know about the mismatching coding? 5 computer for that. 5 A. Well, I'm assuming she had to know' because she 6 Q. Okay. But you could see that the check, right, 6 had full access to the checks and the coding and 7 was written to Jay Link, for example, so it wasn't 7 everything. 8 actually soybeans, it wasn't actually corn, it wasn't 8 Q. Okay. Do you know if, ah, the co-op's 9 actually wheat or feed, right? 9 accountants knew'? 10 A. Not that I knew of I mean, I guess I didn't 10 A. No, I don't know whether they knew' or not. 11 know one way or the other. I mean, truthfully, I didn't 11 Q. Did the board of directors know'.^ 12 know who Jay Link was. You know, Jay Link wasn't a — 12 A. 1 don't know whether they knew' or not. 13 and no offense to .Jay Link, I'm sure he's wonderful, 13 Q. And any of the other employees at the co-op 14 but, I mean, I had no idea who Jay Link was, you know. 14 know? 15 Q. Let me ask you a different question then. Ah, 15 A. Ah. that I don't know. 16 if a check was written out to Chase Credit Card Services 16 Q. And you mentioned previously that your 17 or Chase Card Services - okay? Do you know who 17 predecessor was Nancy Olson; is that right? 18 Chase — JPMorgan Chase Bank is? 18 A. Yes. 19 A. Yes. 19 Q. Okay. Are you aw'are she was interviewed as 20 Q. — okay, and if the check said Chase Card 20 ]3art of the IRS criminal investigation into 21 Services and the slip on top said soybeans - 21 Mr. Hennessey? 22 A. Yes. 22 A. Yes. 23 Q. — you could see that the check wasn't — it 23 Q. Vi'ere you interviewed by the IRS as part of the 24 didn't have anything to do with soybeans, right? 2 4criminal investigation? 25 A, Correct. £5^........... A.... No......... Page 52 Paga 53 1 Q. Okay. I'm going to show you another document. 1 Q. That would be correct. Ah, 1 will represent to 2 We can mark this Exhibit 2 to today's deposition. 2 you that this was provided to us by Mr. Ahlgren. 3 MR. SCHIIOEDER: Johanna, just for the record - 3 A, Okay. 4 and, again, this is Mark Schroeder — I'm not sure if 4 Q. 1 just have a few' questions about some of the 5 you ever marked the Goeden declaration as an exhibit 5 things Ms. Olson said in her interview, and some of this 6 number, so maybe we can clean that u|). I assume that's 6 stuff I actually can skip, because we've actually 7 the — is that going to be Deposition Exhibit No. 1? 7 covered it, but I will ask just to confirm. 8 MS. HYMAN; That wall be Deposition Exhibit 8 Ah, paragraph 6, Nancy Olson said she has 9 No. 1, and it will include the Exhibit A attached, so 9 signatory authorization on the regular expense checks 10 w'hen 1 mail it — when I e-mail it to the court reporter 10 from the elevator's account. 11 it will be -- the full declaration, with the Exhibit A, 11 Did you also have signatory authorization? 12 will all be Deposition Exhibit 1. 12 A. Yes. 13 MR. SCHROEDER: Thank you. 13 Q. And were you able to endorse checks written 14 MS. HYMAN: Thanks for helping me with that, 14 by — ah, to deposit into the account? 15 Mark. 15 A, 1 had a stamp of Jerry's. 16 BY MS. HYMAN: 16 Q. So you were an authorized signer on the co-op's 17 Q. Okay. And we'll mark this Deposition 17 checking account; is that correct? 18 Exhibit No. 2 for today. 18 A. Correct. 19 Ah, have you ever seen this document before? 19 Q. This says Hennessey had a girlfriend named Kim. 20 A. No. 20 That's not you, is that? 21 (Exhibit 2 was introduced for identification.) 21 A. No. 22 BY MS. HYMAN: 22 Q. 1 didn't think so. . 23 Q. Okay. Do you know what it is? Take a minute, 23 A. No, no, no. 24 look at it, and let me know if you know what it is. 24 Q. Okay. And we've come to learn - I'm going to 25 A. I'm just assuming it's their interview.____________ 25 38 - "Hennessey hired a w'oman to rejilace Olson. Olson 14 (Paces 50 to 53) Legal SERVtcHS EXHIBIT 1 26-CV-20-175 Filed in District Court State of Minnesota CASE 0:19-cv-00303-JRT-LIB Doc.135-12 Filed 05/18/21 F^age 17 of 47 7/5/2023 3:15 PM Page 58 Page 59 1 A. Correct. 1 You know, I didn't — you know, she had told me 2 Q. So did Hemie.sseyevermake any statements to 2 stories of — ah, that he bought a bunch of — when he 3 you that he believed his winnings that were in the 3 was having his affair, he bought a bunch of, ah, 4 co-op's account was actually his money? 4 furniture and beds and things like that and how she got 5 A. 1 look that from him coming to me, right when I 5 all of that when he broke off the affair. He gave her 6 started working there, saying, "Don't ever open" — 6 the key to the storage locker and said, "You can go and 7 "Don't ever open this envelope when it comes. This 7 liave all of it," and so she went and - her husbajid and 8 one's for me," and it had his name on it, to him from 8 her went and picked it all up and got to keep it all. 9 Cil IS Trading, and so I just assumed that that was his. 9 But 1 Just - I had Just started there, and, to 10 Q. Did he ever state to you,though, that he 10 me, a lot of it was Just gossip and scuttlebutt and 1 11 was — he considered his winnings to be his and not the 11 just didn't want to be involved in it, and so I didn't 12 co-op's? 12 really — I just stayed out of it, you know, and like I 13 A. No, he never discussed it with me. 13 said — and then, um, it was right away when he brought 14 Q. Okay. Ah, I'm looking at paragraph 40 here. 14 me that, ah, piece of mail and told me to never open 15 It says, "Olson and tlie new bookkeeper discussed how 15 those, and, like, you know, 1 kinda --1 Just stayed out 16 Hennessey's personal expenses, which were paid for by 16 of it. I didn't — you know, obviously naive on my 17 the elevator, were oddly categorized in the books and 17 part, now hindsight's 2020, but I did not want to be 18 records." 18 involved m what went on with his affair or Nancy being 19 Did you discuss that with Nancy Olson? 19 upset about stuff or anything like that, you know. 20 A. She had told me that she thought that he would 20 Q. Okay. That's fair, but did you discuss or did 21 use his — some of these checks had to be for personal 21 she say to you that — 22 stuff, but Nancy was also, ah, for lack of a better 22 A. Well, she would — she would say stuff to me. 23 term, a little disgruntled with him, and Nancy had also 23 You laiow, she would Just say to me — she told me the 24 received tilings from him that he bought, and I was Just 24 story about getting all of his things. She, ah - you 2_5.....moje like, "Ah, I'm staying out of it" kind of a thing. 25 laiow, she had told me that she had — they were paying Page 60 Page 61 1 for a monthly law service, ah, and that's why she quit 1 job. 2 working there, ah, but the day she left there she went 2 Q. Okay. I'm going to go back to - 3 and asked him for $5,000 and he gave it to her, so I 3 MR. SCHROEDER: Hey, Johanna, when are we going 4 didn't - which I thought was odd also - so 1 just 4 to fake a break? 5 didn't know what the story was and the situation. 1 5 MS. HYMAN: Y'hen do you want to take a break? 6 just didn't want to involve myself with it, so... 6 MR. SCHROEDER: How about right now, if you're 7 Q. Okay. You said you thought the $5,000 thing 7 at a good breaking point? We've been going about an 8 was kind of odd also, so did you Just feel like the 8 hour, 40. 9 whole situation w'as a little odd when you started? 9 MS. HYMAN: Okay. Eet me finish - 1 have, 10 A. Yeah, but, I mean- 10 like, three little quick follow-up questions, and then, 11 Q. But you wanted tostay out of it? 11 ah, we'll take a break. 12 A. I wanted to stay out of it. I was a single mom 12 BY MS. HYMAN: 13 at the time, I was going through my divorce, and it was 13 Q. Okay. So we're just quick going back to your, 14 a good job for me and I Just didn't want to get involved 14 ah, declaration, and then we'll take a quick break. 15 in that stuff 15 A. Okay. 16 Q. I totally get that. 16 Q. I'm just looking back now, what you said in 17 A. I Just kind of was like, okay. I'm a single mom 17 your affidavit, ah, in paragraph 9, that you didn't 18 of four kids, this has insurance, it pays me well, and 18 understand the coding of checks for Hennessey's personal 19 whatever went on here with those two is between those 19 expenses was for an improper purpose. 20 two. I Just didn't want to know. 20 As you sit here today, is that true, that at 21 And I didn't — I mean, I had known Nancy for 21 the time you didn't understand it was for an improper 22 two weeks, so it's not — I'm not saying that I didn't 22 purpose? 23 trust her, but I'm also saying, like, I don't know her 23 A. No, I didn't understand it was for an improper 24 from Adam, so I don't - I don't know. I Just didn't 24 purpose. 25 want to be involved in it. I was excited to have a good 25 Q. Did you believe it was being coded that way for 16 (Page.s 58 to 61) Legal Services EXHIBIT 1 26-CV-20-175 Filed in District Court State of Minnesota CASE 0:19-cv-00303-JRT-LIB Doc. 135-12 Filed 05/18/21 Page 24 of 47 7/5/2023 3:15 PM Page 86 Page 87 1 A. Oh, it varied. 1 through tny lawyer. 2 Q. This is something you did often? 2 Q. Okay. That's fair. Let me just take a minute 3 A. 1 would not say often, but 1 did it, yes. 3 to look at my notes really quick, and then I think 1 can 4 Q, And was that at Jerry's approval? 4 turn it over to Erik. 5 A. Yes. 5 A. Okay. 6 Q. So Jerry was aware that — 6 MR. AHLGREN: Are we just going to fake a 7 A. Yes. 7 five-minute break? 8 Q. - you were taking - 8 MS. HYMAN: I don’t even think it will be 9 A. You had to ask JeiTy. Like the employees had 9 five minutes. Give me - 10 to go to JeiTy and ask JeiTy if we could. 10 MR. AHLGREN: Okay. 11 Q. Did Jerry ever give you a loan from the co-op? 11 MR. SCHROEDER: Do you want to take a 12 I guess it's similar to an advance, but — 12 five-minute break, Mr. Ahlgren? 13 A, No. 13 MR. AHLGREN: I don't need to. 14 Q. - like a chunk of money that you had to pay 14 Kim, do you want to? 15 back over time. 15 THE WITNESS: No, I'm good. 16 A. I mean, it was — I mean, I guess an advance 16 MS. HYMAN: I think I'm good for now, and 17 and a loan are kind of considered the same thing, maybe. 17 ttnless anyone wants to take a break — I'm talking to 18 I don't know. 1 mean, nobody ever said, like, it's a 18 Jared, Mark, Joe, um, Kim — anyone wants to take a 19 loan. It was just always ean we take an advance on our 19 break, let me know. Otherwise I will turn it over to 20 pay, and he would say yes, and then it would deduct out 20 Erik, if you have any questions. 21 of our paycheck. 21 MR. AHLGREN: Hearing no one say that they want 22 Q. Did you ever use money from the co-op for your 22 to take a break, I'll just, ah, ask a few questions. 23 personal expenses? 23 24 A. You know, 1 guess, to be honest with you. 24 25 reJemng to me and the elevator, that would have to go 25 Page 88 Page 89 1 EXAMINATION 1 Q. I don't think that you prepared this table 2 BY MR. AHLGREN; 2 either, but, ah, is the information contained in thts 3 Q. Ah, Kim, you know me. 3 table information that would be in ykGRlS? 4 A. Yes. 4 A. Yes. 5 Q. Ah, I'm Erik Ahlgren. I represent - or I am 5 Q. So the payee would be listed in /AGRIS; is that 6 the assignee on behalf of, ah, the creditors of the 6 correct? 7 Ashby Farmers Co-Operative Elevator Company. I have a 7 A. Correct. 8 few follow-up questions. 8 Q. y\nd the check number would be listed in AGRIS? 9 .VIR. AFILGREN: Johanna, could you bring up your 9 A. Correct. 10 Exhibit No. 1? 10 Q. And the date that the check was entered into 11 MS. HYMAN: Yes. 11 the system would be entered into AGRIS? 12 MR. AFILGREN: And could you bring it to the 12 A. Yes. 13 table. 13 Q. And the amount of the check would be listed 14 MS. HYM.AN: This one? 14 into AGRIS? 15 MR. AHLGREN: That one, yes, right there. Ah, 15 A. Yes. 16 actually, scroll down, yeah, just so we can see the 16 Q. And how it was coded would be listed in AGRIS; 17 headings. 17 is that correct? 18 BY MR. AHLGREN: 18 A. Yes. 19 Q. Okay. Kim, you testified that you didn't 19 Q. So the date entered into the accounting system. 20 prepare this table; is that correct? 20 if we look at the dates listed there, those are the 21 A. Yeah, I don't remember if I specifically 21 dates that you would have actually entered them into the 22 prepared this one. I know it looks like it was part of 22 AGRIS accounting system. 23 a spreadsheet that I probably could have sent over, but 23 Is that accurate? 24 I don't remember specifically putting the table 24 A. Yes. 25 together, I guess. 25 Q. Ah, but, ah, w'e had previously looked at the 23 (Pages 86 to 89) Legal Services EXHIBIT 1