Preview
Filing # 72384133 E-Filed 05/18/2018 04:22:14 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
COMPLEX BUSINESS AND TORT
DIVISION
YARIV ALIMA, CASE NO.: CACE-16-011606 (07)
Plaintiff,
vs.
ATMOS TECHNOLOGY LLC, ATMOS
INVESTMENTS LLC, LOCAL MAP
RANKING, LLC d/b/a CESY GROUP,
ELH PRODUCTS, LLC, ATMOS NATION LLC,
IMPORT NATION, LLC, SMJ MARKETING,
INC., CHARLY BENASSAYAG, P.A., ELI
EROCH, SHLOMI BITON, and CHARLY
BENASSAYAG
Defendants,
/
PLAINTIFF’S NOTICE OF FILING AND INTENT TO REPLY UPON SUMMARY
JUDGMENT EVIDENCE IN OPPOSITION TO THE DEFENDANTS’ PENDING
MOTIONS FOR PARTIAL SUMMARY JUDGMENT
Plaintiff, Yariv Alima, through undersigned counsel, hereby gives notice of filing and
intent to rely upon summary judgment evidence in opposition to: 1) Member Defendants’
Motion for Partial Summary Judgment on Count I of Plaintiff's Second Amended Complaint and
2) Defendants’ Joint Motion for Summary Judgment on Count IV of Plaintiff's Complaint for
Appointment on Ancillary Receiver:
1. Affidavit of Yariv Alima dated May 17, 2018.
2. Deposition of Yariv Alima dated November 28, 2016.
3. Excerpt of transcript of hearing dated July 29, 2016.
{10792/00531238.6} 1
HALL, LAMB. HALL & LETO, P.A., PENTHOUSE ONE, 2665 S. BAYSHORE DRIVE, MIAMI, FLORIDA 33133 -TEL. (305) 374-5030 - FAX (305) 374-5033
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 5/18/2018 4:22:13 PM.****CASE NO.: CACE-16-011606 (07)
4. Email from John M. Mullin to group@cesygroup.com dated March 28, 2016.
(Exhibit to depositions of Eroch, Benassayag and Biton)
5. Redacted bank statement from Bank of America account regarding Atmos Nation
for December 1, 2016 to December 31, 2016 (Attached to Defendants’ Response to Plaintiff's
motion to compel distributions dated January 5, 2017).
Plaintiff also intends to rely upon the following documents which have been designated
as confidential during discovery. Copies were produced by Defendants and will be provided
directly the trial judge at or before the hearing if requested:
1. Bank statement from Bank of America account regarding Atmos Nation
for December 1, 2016 to December 31, 2016.
2. Bank statement from Bank of America account regarding Atmos Nation
for November 1, 2016 to November 30, 2016
3. Handwritten cash log 3/28/16-1/12/17 (Exhibit to depositions of Defendants
Eroch, Benassayag and Biton)
4. Handwritten cash log 2/17/15- 3/24/16 (Exhibit to deposition of Plaintiff Alima)
Plaintiff also intends to rely upon the expert report from Cherry Bekaert dated March 21,
2018 referenced in the affidavit of Matt Druckman which contains some numerical schedules
based upon certain financial documents that were designated as confidential during discovery
and therefore the report is not being filed at this time. Copies were provided to counsel for
Defendants on March 21, 2018 will be provided directly the trial judge at or before the hearing if
requested and/or as necessary.
Plaintiff also intends to rely upon any pleadings, depositions, affidavits and other
documents previously filed with the Court including:
a. Affidavit of Matt Druckman, C.P.A. dated April 2, 2018.
b. Deposition of Yariv Alima dated September 27, 2017.
{10792/00531238.6}2
HALL, LAMB, HALL & LETO, P.A., PENTHOUSE ONE, 2665 S. BAYSHORE DRIVE, MIAMI, FLORIDA 33133-TEL. (305) 374-5030 -FAX (305) 374-5033CASE NO.: CACE-16-011606 (07)
c. Deposition of Yariv Alima dated January 12, 2018.
d. Deposition of Eli Eroch dated October 3, 2017.
e. Deposition of Charly Benassayag dated January 18, 2018
f. Deposition of Shlomi Biton dated March 28, 2018.
Respectfully submitted,
HALL, LAMB, HALL & LETO, P.A.
2665 South Bayshore Drive - PH One
Miami, Florida 33133
TEL. 305-374-5030
FAX. 305-374-5033
By:_/s/ Adam J. Lamb
Andrew C. Hall. Esq.
Florida Bar No. 111480
andyhall(@hlhlawfirm.com
Adam J. Lamb, Esq.
Florida Bar No. 899046
alamb@hlhlawfirm.com
and
SHUTTS & BOWEN LLP
200 South Biscayne Boulevard, Suite 4100
Miami, Florida 33131
Harold E. Patricoff, Esq.
Florida Bar No. 508357
Hpatricoff@shutts.com
Aleksey Shtivelman, Esq.
Florida Bar No. 99159
ashtivelman@shutts.com
Attorneys for Plaintiff/Counterclaim
Defendant
{10792/00531238.6}3
HALL, LAMB, HALL & LETO, P.A., PENTHOUSE ONE, 2665 S. BAYSHORE DRIVE, MIAMI, FLORIDA 33133-TEL. (305) 374-5030 -FAX (305) 374-5033CASE NO.: CACE-16-011606 (07)
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via
email and via the e-filing portal to: Benjamin E. Olive, Esq., Matthew Sanchez, Esq.,
bolive@hojlaw.com, mscanchez@hojlaw.com, srodriguez@hojlaw.com; Hackleman Olive &
Judd, P.A., 2426 E. Las Olas Boulevard, Fort Lauderdale, Florida 33301; Kenneth W.
Waterway, Esq., kww@waterwayblack.com, firm@waterwayblack.com,
yaralegal@@waterwayblack.com, Waterway Black, P.A., 1401 E. Broward Blvd., Victoria Park
Centre, Suite 204, Fort Lauderdale, FL 33301; and Harold E. Patricoff, Esq., Aleksey
Shtivelman, Esq., hpatricoff@shutts.com , ashtivelman@shutts.com , Shutts & Bowen LLP, 200
S. Biscayne Blvd., Suite 4100, Miami, FL 33131 on this 13" day of May, 2018.
/s/ Adam J. Lamb
ADAM J. LAMB
{10792/00531238.6}4
HALL, LAMB, HALL & LETO, P.A., PENTHOUSE ONE, 2665 S. BAYSHORE DRIVE, MIAMI, FLORIDA 33133-TEL. (305) 374-5030 -FAX (305) 374-5033IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
COMPLEX BUSINESS AND TORT
DIVISION
YARIV ALIMA, CASE NO.: CACE-16-011606 (07)
Plaintiff,
VS.
ATMOS TECHNOLOGY LLC, ATMOS
INVESTMENTS LLC, LOCAL MAP
RANKING, LLC d/b/a CESY GROUP,
ELH PRODUCTS, LLC, ATMOS
NATION LLC,
IMPORT NATION, LLC, SMJ
MARKETING, INC., CHARLY
BENASSAYAG, P.A., ELI EROCH,
SHLOMI BITON, and CHARLY
BENASSAYAG,
Defendants,
STATE OF FLORIDA )
)SS
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, personally appeared Yariv Alima who,
after being duly sworn, deposes and says:
lL. I am over the age of 18 and make this affidavit based upon my personal
knowledge.
2. I am a 25% member of six limited liability companies: Defendants AtmosTechnology LLC, Atmos Investments LLC, Local Map Ranking LLC d/b/a CESY Group
LLC, ELH Products LLC, Atmos Nation, LLC, and Import Nation LLC (collectively the
“Defendant Companies”). All of the Defendant Companies are Florida limited liability
companies, except for Atmos Nation, LLC and Import Nation, LLC, which are Nevada
limited liability companies. The Member Defendants hold the remaining 75% interest in
the companies, individually or through entities they own and operate, 25% each.
3. From the Defendant Companies’ inceptions through March 2016, I was
directly involved and active in their operation. Prior to being frozen out of the companies
in March 2016, I had access to the books and records of the Companies including the
electronic QuickBooks accounting records.
4. Prior to being frozen out, the members of the Defendant Companies would
jointly discuss business decisions for the Companies and were each provided with a vote
regarding those decisions. Each of the members shared an office with four desks and
business decisions were routinely discussed in group fashion.
5. Prior to being frozen out, the Member Defendants and I caused the
Defendant Companies to make regular distributions to the members through monthly
payments. By the time I was frozen out in March 2016, these mostly payments were
$15,000 per member. While these payments were sometimes noted as consulting fees,
they were not tied to work or working any required number of hours.
6. In addition, the Defendant Companies would issue regular cash
distributions, often several times each month, as reflected on handwritten cash logs thecompanies maintained. The cash distributions averaged $18,920.75 per month over the
prior 3 year period prior to my ouster.
7. In mid-March 2016, I left the United States for a planned vacation in
Israel. The Member Defendants used my planned vacation abroad as an opportunity to
freeze me out, seize control of all aspects of the businesses without notice to me and
misappropriate my membership interest, including my share of distributions.
8. As a member of the Companies, I had access to the Companies’
computers, including my personal computer, to various bank accounts, and to a
smartphone application that permitted me to monitor the Companies’ warehouse premises
and office area via approximately 50 security cameras. In addition, the four members
kept in communication though a group text application.
9. While I was in Israel, I was contacted by Osborne Brown from Bank of
America asking me to call him. When I telephoned Mr. Brown he advised me that Mr.
Eroch, Mr. Biton and Mr. Benassayag had scheduled an appointment to meet with him at
9:00 a.m. that morning. This was a highly unusual event since Mr. Eroch and Mr.
Benassayag did not have regular contact or involvement in the Companies’ banking
activities.
10. After I received this notification, I found that my access points to the
Companies had been terminated: I could not access my personal computer at work. I
could not access the security cameras on the smartphone application. The group text
through which | communicated with the other members, which was a frequently used andimportant line of communication, was no longer being used. The other members had
ceased communicating through it. I realized that the Member Defendants were
wrongfully attempting to seize my interests and freeze me out, without providing any
notice or conducting any vote. I attempted to contact the individual Defendants but they
did not return my calls immediately.
ll. Being out of the United States without access to the Companies, I had
serious concerns that the Member Defendants would begin to dissipate the assets of the
Companies. I immediately hired counsel and transferred $1 million from one of the
Companies’ bank accounts, which | estimated to represent my 25% interest in the cash
and inventory on hand of $4 million, to hold in another account until the Member
Defendants communicated with me and I regained access to the Companies.
12. My attorney, John Mullin, emailed the Member Defendants and advised
them that the monies were being held in escrow and would be returned upon assurances
that I would be treated fairly, my 25% interest honored, and if a buyout was desired, that
it would be addressed expeditiously.
13. Mr. Eroch and Mr. Benassayag contacted me. They falsely assured me
that there was nothing to be concerned about, stating that it was all a misunderstanding.
They assured me that I would be provided with access to my computer. I then transferred
the $1,000,000 from escrow back to the Companies that same afternoon, the funds having
only been removed for approximately 3 hours in total.
14. On March 31, 2016, after I returned to the United States, I visited theCompanies’ office in the afternoon to meet with the individual members. The Member
Defendants advised me that they no longer wanted me to come to the office. Instead, they
asked me to work from home on CESY related business only. The meeting was held in a
hostile manner. Mr. Benassayag brought a firearm to the meeting and made a veiled
threat to me that I should not return to the premises or cause any issues with my removal.
15. Thereafter, the Member Defendants excluded me from businesses. I was
not provided with access to the Companies’ books and records. | was not provided with
the opportunity to provide input and to vote regarding the Companies’ decisions. While |
initially attempted to work solely on business for CESY from home as instructed at the
March 31, 2016 meeting, the Member Defendants shortly thereafter instructed me to
cease any such activities as well, and I was completely excluded from all of the
Companies. I was provided access to the CESY books and records during April 2016 for
a few days, but that access was revoked by the end of April 2016. After that date, I did
not have access to any of the books and records of any of the Companies.
16. As part of their freeze out, the Member Defendants immediately ceased
paying me distributions. The Member Defendants continued to take their monthly
$15,000 distribution without providing me with an equal share. Further, as reflected on
the handwritten cash logs, the Member Defendants continued to take additional
distributions of cash from the retail and wholesale sales but failed to provide me with my
equal cash distributions.
17. Prior to my being excluded, cash from the company’s safe representingincome generated by retail and warehouse sales was divided equally among the four
members several times a month. This was reflected on a handwritten cash log evidencing
their routine distribution of cash to each of the four members.
18. After freezing me out, as is evident from the handwritten cash logs, the
three remaining members ignored my membership and proceeded to simply distribute the
cash equally to the three members to my exclusion. The Companies’ cash log evidences
the three Defendant members taking cash distributions without providing me an equal
share or any share from April 2016 to December 2016.
19. I am aware that the Member Defendants unilaterally gave themselves a
raise in monthly distributions, from $15,000 to $20,000, essentially dividing up the
distributions that would have been paid to me. I did not consent to this increase. I am
also aware that the Member Defendants, without my consent, made this increase
retroactive to April 2016. I have not received any of the $20,000 per month payments.
20. ‘I have not received any cash distributions since March 31, 2016.
21. Shortly after the March 31, 2016, the Member Defendants offered to
purchase my interests in the Companies for $300,000. I believed the offer to be far below
market value and rejected the offer.
22. As set forth above, after March 31, 2016 I was frozen out of the
Companies. | have not been permitted to vote or participate in discussions regarding
business decisions, | have not received any distributions, including distributions to those
received by the Member Defendants as purported consulting fees, | have not had accessto the books and records of the Company, except those records my lawyers obtained in
discovery during the lawsuit pursuant to Court Order. Through their actions in freezing
me out, the Member Defendants have misappropriated my membership interest and
income derived therefrom for themselves without compensation
FURTHER AFFIANT SAYETH NOT.
SWORN TO AND SUBSCRIBED before me this _/ ?_ day of May 2018, by YARIV
ALIMA who is personally known to me or has produced (Ars. Mrier Greed
as identification and did take an oath.
as GERNARO PIERRE.LOUIS NOTARY PUBLIC, State of Florida
p) teas ~ Sale of Fotis
Ny Comm Engines tan ie nen? Print Name:_DBepnacd Lee-laus S$
My Commission Expires: V/tb aed
The only access I was able to obtain to the Companies’ books and records after
that date was through discovery in this lawsuit pursuant to Court Orders.
CASE NO.: CACE-16-011606 (07)
JAX\1988290_1
{10792/00536462.1}IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE 16-011606 (13
YARIV ALIMA,
Plaintiff,
vs.
ATMOS TECHNOLOGY, LLC, ATMOS INVESTMENTS, LLC,
CESY GROUP, LLC, ELH PRODUCTS, LLC,
ATMOS NATION, LLC, SMJ MARKETING, INC.,
IMPORT NATION, LLC, CHARLY BENASSAYAG, P.A.,
ELI EROCH, SHLOMI BITON, and CHARLY BENASSAYAG,
Defendants.
VIDEOTAPED DEPOSITION OF YARIV ALIMA
TAKEN ON BEHALF OF THE DEFENDANTS
NOVEMBER 28, 2016
10:00 A.M. TO 3:42 P.M.
UNIVERSAL COURT REPORTING
888 East Las Olas Boulevard, Suite 508
Fort Lauderdale, Florida 33301
REPORTED BY:
JAIME KOGANOVSKY, COURT REPORTER
NOTARY PUBLIC, STATE OF FLORIDA
UNIVERSAL 877.291.3376
COURT REPORTING www.UCRinc.comAlima, Yariv
11-28-2016
APPEARANCES OF COUNSEL
2 ON BEHALF OF THE PLAINTIFF:
ALEKSEY SHTIVELMAN, ESQUIRE
HAROLD PATRICOFF, ESQUIRE
4 SHUTTS & BOWEN, LLP
200 South Biscayne Boulevard, Suite 4100
5 Miami, Florida 33131
Hpatricofif@shutts.com
6
7 ON BEHALF OF THE DEFENDANT:
8 KENNETH WATERWAY, ESQUIRE
WATERWAY BLACK
9 1401 East Broward Boulevard,
Victoria Park Centre, Suite 204
10 Fort Lauderdale, Florida 33301
(305) 379-9135
41 ashtivelman@shutts.com
(The company defendants)
13 BENJAMIN E. OLIVE, ESQUIRE
MATTHEW SANCHEZ, ESQUIRE
14 HACKLEMAN, OLIVE & JUDD, P.A.
2426 East Las Olas Boulevard,
15 Fort Lauderdale, Florida 33301
(954)334-2250
16 bolive@hojlaw.com
48 ALSO PRESENT:
19 ANTHONY ESTEVEZ (The videographer)
20. CHARLY BENASSAYAG
1 INDEX OF EXHIBITS
2 EXHIBIT DESCRIPTION PAGE
3 DEFENDANTS’
44 Yellow paper 120
2 Verified amended complaint 120
EL! EROCH
21 SHLOMI BITON
22
23
24
25
1 INDEX OF EXAMINATION 1 VIDEOTAPED DEPOSITION OF YARIV ALIMA
2 WITNESS: YARIV ALIMA 2 NOVEMBER 28, 2016
PAGE 3 THE VIDEOGRAPHER: We are now cn the video
ee Rech EXSaNi TON 4 record. Today's date is November 28th, 2016.
By Benjamin Olive, Esquire 6 5 The time is 10:14 a.m. This is the video
a 6 deposition of Mr. Yariv Alima, taken in the matter
6 7 of Yariv Alima verses Atmos Technology, LLC. Case
7 8 Number CACE-16-01160613.
‘ 9 We are located at Universal Court Reporting,
10 10 888 East Las Olas Boulevard, Suite 508, Fort
7 11 Lauderdale, Florida. The court reporter's name is
3 12 Jaime Purvin, the videographer's name is Anthony
14 13 Estevez, both with Universal Legal
= 14 Would counsel present please state their
17 1 appearances for the video record. Mr. Olive.
18 16 MR. OLIVE: Sure. Ben Olive for what has been
a 17 defined at the majority and interest defendants.
m1 18 MR. SANCHEZ: Matthew Sanchez for the same
22 19 defendants.
oH 20 MR. WATERWAY: Ken Waterway for the company
25 21 defendants.
22 MR. PATRICOFF: Ed Patricoff, with Shutts &
28 Bowen, representing Mr. Alima.
24 MR. SHTIVELMAN: Aleksey Shtivelman, also with
25 Shuts & Bowen, representing the plaintif,
UNIVERSAL
COURT REPORTING
877.291.3376
www.UCRinc.comAlima, Yariv
11-28-2016
1 Mr. Alima, 1 deposition. There are eleven named defendants, you
2 THE VIDEOGRAPHER: Would the court reporter 2 know what the issue is. We tried to work it out
3 kindly swear in the witness? 3 with you, Mr. Olive, you refused. We are not going
4 Thereupon, 4 toallow our client to be deposed by eleven
5 YARIV ALIMA, 5 different defendants.
6 was called as a witness by the Defendants and, having 6 If you think you have the right to do that,
7 been first duly sworn, testified as follows 7 then you can express that view to the judge.
8 THE WITNESS: | do. 8 We're here to answer questions, we're here to
9 MR. PATRICOFF: Thank you 9 respond in an appropriate fashion, and you may
10 DIRECT EXAMINATION 10 conduct the deposition in that way. Please
11 BY MR. OLIVE: 11 proceed
12 Q Good morning. 12 MR. OLIVE: Please swear the witness
13 MR. PATRICOFF: Before we start | have a 13 THE COURT REPORTER: | did.
14 request, and | also want to make a statement for 14 MR. OLIVE: You did. Okay.
15 the record. My request is that your client, Mr. 15. BY MR, OLIVE:
16 Benassayag, who regularly carries a weapon in a 16 Q Mr. Alima, good morning.
17 concealed fashion ~ 17 A Good moming.
18 MR. OLIVE: Okay. You know what, this ~ this 18 Q Am1saying your name correctly, Alima?
19 = this 19 A Yeah
20 MR. PATRICOFF: | want to make certain, that 20. Q Okay. Mr. Alima, have you ever had your
21 is 21 deposition taken before?
22 MR. OLIVE: This kind of self-serving — you 22 A No, it's the first time.
23° know— 23 @ Okay. As compared to some of the discussions
24 MR. PATRICOFF: We're not going to sit in a 24 between counsel earlier today before we went on the
25 roomwith a guy who has a gun, okay. 25. record, what | would like to try to do is get through as
7
1 MR. OLIVE: This is ~ go off the record, 1 many questions as we can today, try not to interrupt
2 please. 2. each other. I'm going to do my very best not to
3 MR. PATRICOFF: No, not off the record 3. interrupt you when you are in the middle of a sentence,
4 THE VIDEOGRAPHER: The time is 10:15 a.m. 4 atthe same time if | am in the middle of a question,
5 We are now coming off the video record. 5. please try not to interrupt me. This is not a marathon
6 (Whereupon, a brief recess was had and the 6 or an endurance test; if you need to go to the restroom,
7 proceedings resumed as follows:) 7 oryou need to take a personal break, just let me know.
8 THE VIDEOGRAPHER: The time is 10:16 a.m., we 8 Iwill ask you to finish the sentence or finish the line
9 are now back on the video record. 9 of questioning that we're on so that it is not
10 MR. PATRICOFF: Are you confirming for us that 10 interrupted by a break, but we'll complete the line of
1 none of your clients are armed? 11 questioning that we're in, and then you can take as many
12 MR. OLIVE: That's correct. And can you 12 breaks as you want. Okay?
13 confirm that your client is not armed? 13 A Sure.
4 MR. PATRICOFF: He's not known to carry a 14 Q@ The other thing is to speak audibly. Whenever
15 weapon, and he's not armed. 15. we are in day-to-day conversations sometimes you just
16 MR. OLIVE: That's not my question. My 16 nod and shake your head, and of course we do have a
17 question is, can you confirm your client -~ 17 court reporter here, but we also have a videographer,
18 Mr. Alima, are you armed? 18 but because the court reporter cannot take down nods of
19 MR. PATRIGOFF: Your deposition hasn't started 19 the head and such, please audibly give your answer.
20 yet. You can ask him all the questions that you 20 Okay?
21 want that are relevant — 21 A Okay
22 MR. OLIVE: If you can confirm without me 22 @ Any questions?
23 asking, go right ahead. Dol AL Nel
24 MR. PATRICOFF: Yeah. Second of all, we filed 24 @_Doyouhave ~ and you fully understand the
25 a motion for protective order relating to this, :
25 English language?
UNIVERSAL
COURT REPORTING
877.291.3376
www.UCRinc.comAlima, Yariv 11-28-2016
10 2
1 A Yes. 1 Q = Okay. Do you own your home?
2. Q Okay. And you have no problem conducting the 2 A Yes.
3. deposition in English today, correct? 3 Q_At1131 Northwest 94th Way?
4 A No. 4 A Yes,1do.
5 Q If for any reason, at any time today, you feel 5 Q Okay. Where -- are you originally from
6 like you don't understand what I'm saying -- 6 Florida?
7 A Iwill ask you. 7 A No, I'm originally not from Florida
8 Q_ -- just ask, because if you haven't asked for 8 Q Where were you born?
9 me to clarify, we're going to assume that you understand 9 A _Inlsrael.
10 everything that I'm asking. Okay? 10 Q Okay. What is your date of birth?
11 A Sure. 11 A_ September 23rd, 1974.
12 Q Okay. Terrific. 12. Q Okay. And you were born in Israel?
13 Tell me your full legal name for the record, 13, A Yes.
14 please? 14 Q And moved to the United States, or did you
15 A Yariv Alima 15. live somewhere between Israel and the United States?
16 Q Okay. And where do you live, Mr. Alima? 16 A _No, moved to the United States.
17 A _I live in Plantation, Florida. 17 Q Okay. When did you move to the United States
18 Q Okay. What is your home address? 18 from Israel?
19 A 1131 Northwest 94th Way, Plantation, Florida. 19 A 1996.
20° Q@ Okay. And do you live alone at 1131 Northwest 20 Q Okay. What is your citizenship status,
21 94th Way in Plantation, or do you live with a family 21 currently?
22. member, or wife, a spouse, kids? 22. A ImaUS. citizen
23 A Awife, kids. 23 Q Okay. When did you became a United States
24 Q Okay. Your wife's name, please? 24 citizen?
25° A Michal. 25. A Afewyears ago. | don't remember exactly.
4 13
1 Q Spell it for the record, please. 1 Q@ Okay. Did you have a green card prior ~
20 A M-ECHAL. 2 A Yes.
3 Q Okay. Any middle initial? 3 Q =to~
4 A No. 4 A Thad five years.
5 Q Okay. And you said there are children living 5 Q Sorry, let me ~- let me finish, and then you
6 inthe home? 6 can answer the question.
7 A Yes. 7 Did you have a green card at some point
8 = Q How many children? 8 following your arrival into the United States in 1996,
9° A Two. 9 or did you obtain a green card prior?
10 Q Whatare their names and ages? 10 A _No,1--I got the green card while | was
11 A Mia 14 here.
12 Q Spellit, please? 12 Q_ While you were in the United States?
180 A MLA 13 A Yes.
14 Q Mia Alima? 14 Q_ Okay. So have you moved -- where did you move
15 A Yeah. 15 to originally in 1996, where in the United States?
16 Q Okay. And how old is Mia? 16 A NewYork.
17 A Shewill be nine in January. 17 Q_New York. Okay. How long did you live in New
18 Q Okay. 18 York?
19 A And Dan, D-A-N, and he will be six in 19 A Give or take, eight years.
20 February. 20. Q Eight years. Okay. And did you obtain your
21 Q@ Okay. Mr. Alima, how long have you lived at 21. green card while in New York?
22 1131 Northwest 94th Way in Plantation? 22 A | --nope, | started the process while | was
23 A Approximately, seven years. 23 in Florida.
24 Q Okay. Where did you live before that? 24 Q Okay. So you have eight years from '96, do
25 A Plantation, also. 25 you remember approximately -- 2004, is that when you
UNIVERSAL
COURT REPORTING
877.291.3376
www.UCRinc.comAlima, Yariv 11-28-2016
14 16
1 moved to Florida? 1 Q Okay. Is there a particular type of business
2 A I moved to Florida in '03. 2 that you focused on in obtaining your bachelor's at
3 Q Okay. What did you do in New York after 3 Fairleigh Dickinson University, or was it just a general
4 moving from Israel but before moving to Florida when you 4 business course?
5. obtained your green card, what were you doing in New 5 A General.
6 York for eight years? 6 Q Okay. Same question for computer science. Did
7 A Went to college. 7 you have any particular focus in your computer science
8 Q Okay. Did you begin college in 1996, or some 8 studies, outside of just the general beginning
9 time thereafter? 9 coursework in computer science?
10 A Seven. 10 A General.
11 Q Okay. Which college did you attend in — 11 Q Okay. When did you graduate and obtain your
12 presumably in New York? 12. bachelor’s from Fairleigh Dickinson University? | think
13° A FD. 13. you said you started in 19977
14 Q_ What does that stand for? 14 A Yeah. | started in’97, graduated both at
15 A. Fairleigh Dickinson University. 15 2003. | actually came here ~ came to Florida before |
16 Q Okay. Did you graduate from Fairleigh 16 got the diploma, and a month after went back to -- for
17. Dickinson University? 17 the ceremony to get the diploma. So as soon as school
18 A Yes. 18 finished, | came here.
19 Q Did you obtain any type of - what type of 19 Q_ Okay. So that's for your bachelor's, right?
20 degree did you obtain? 20 A No, that's for both. | don’t remember when
21 A_ Ihave a bachelor and master degree. 21. was the bachelor's exactly, some time in the middle.
22 Q Let's take those one at a time. What do you 22 Q Okay. Do you remember any -- any of the
23 have a bachelor's degree in? 23. business courses that you took at Fairleigh Dickinson
24 A. It's business and science ~ art and science, 24 University?
25 something like that, | don't remember exactly. 25 — A_Itwas long time ago, but it was everything
15 7
1 Q Okay. But you have -- you have a diploma? 1 Itwas law —
2 A Yes. 2 Q@ Law?
3 Q Okay. Did you have an area of concentration, 3. A il was finance, it was marketing, it was
4 let's say it's - 4 whatever you take, you know.
5 A _Istarted with something and moved to 5 Q Allofthe basic elementary courses?
6 something else, so. 6 A Exactly.
7 Q Was it more of a general degree, or did it 7 Q Sorry, just speak a little bit louder, your
8 have a particular focus? Did you — 8 answers. | know we're close, but ~
9 A tt 9 A Ihave this mic here, so...
10 Q Sorry, let me -- let me finish my thought. 10 Q Okay. Just so she can hear, that’s all. She
11 Different schools have different types of programs; you 11 can't-- she doesn't have an earpiece, unfortunately.
12. can have a major in a particular area, you can have a 12 One day.
13 concentration in different areas; do you know if you had 13 So if -- you obtained your bachelor's in basic
14. a particular focus or a major when you obtained your 14 business and basic computer science, correct?
15. bachelor's degree at Fairleigh Dickinson University? 15 A_ I guess so, yes.
16 A Business. 16 Q Okay. Tell me what your master’s degree was
17 Q_ Business. Okay. 17 in? And let me just ask, before | ask that question,
18 A Ub-hum. 18 did you also ~- did your master’s degree also come from
19 Q Doyou have some type of diploma that says, | 19 Fairleigh Dickinson University, or did that come from
20 have bachelor's in business administration, or something 20 somewhere else?
21. along those lines? 21 A Fairleigh University.
22 A _I started with business in computer science, 22 Q@ Okay. So what was -- what was your master’s
23. but | shifted, so | don't remember exactly what the 23. degree in?
24. diploma is saying, but it's ~ it's in my home. If you 24 A I started it ~
25 want to see it, I can send it to you. 25 Q Ifyou remember.
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1A I started with something else, but | finished 1 Q = perhaps hanging on a wall. Is it hanging
2 with, | think -- how was it called? | don't remember, 2 ona wall or is it, like many places -- like many
3 to be honest with you. 3 people, just shoved into a drawer?
4 Q Okay. So-~just so! understand, you don't 4 A Probably in a drawer somewhere.
5 remember what you started your master's degree in — 5 Q_ Okay. Fair enough. Is your master's diploma
6 A No,no,1~ 6 also in that same drawer or up on a wall at your house?
7 @ ~oryou don't remember what you finished? 7 A Same drawer.
8 — A remember what | started, | don’t remember 8 @ Sodrawer. So if! were to ask you for it,
9 what | finished because | change classes. 9 you could make a copy and send it over to me, no
10 Q Okay. 10 problem?
11 A Youknow. 11 A Definitely.
12 Q So tell me what you do remember about your 12 Q Definitely?
13 master's program -- 13 A Ub-hum.
14 AI think it was -- 14 Q Okay.
15 Q Sorry, let me finish ~- your master’s program 15 A_ Does it have anything with the case, my
16 at Fairleigh Dickinson University? 16 diploma?
17 A What! do remember, a lot of homework and a 17 Q_'mjust asking. I'm just asking about —
18 lot of tests. 18 about that master’s degree.
19 Q What I remember - what I guess my question 19 A Okay.
20 is, what was the type of focus or coursework in your 20 QI didn't know about that before.
21. master's, if you remember? 21 A Got you. It's okay, none of my partners have
22 A My focus was to get a -- legal here, that was 22. any degrees, so don't worry about it
23 my focus in school. So | did school only to be legal 23 Q_ Soyou moved to Florida in 2003, correct?
24 here. 24 A Correct.
25 Q Allofthose -- so if | understand your 25 @ Okay. So had you obtained your master's
19 24
1 testimony, both your undergraduate bachelor's degree and 1 degree at the time you moved to Florida, or did you have
2. your master’s degree was really focused on law, because 2. to move back -- you told me that you went to the
3 you wanted to become a lawyer, is that right? 3 ceremony ~-
4 A No 4 A Amonth —
5 Q_ Okay. It was --it was -- | thought you said 5 Q_ = shortly after moving to Florida in 2003 for
6 itwas focused — 6 your bachelor's degree, was that --
7 A Focused in-~ 7 A Well~
8 — Q_ Maybe you didn't want to be a lawyer, but -- 8 Q_ ~Wwas that a ceremony for both your
9 A Ididn't know. 9 bachelor's and your master's?
10 Q ~ probably a good idea, right? 10 A Yes.
11 A Wasn't sure what | wanted to be. 11 Q_ Okay. So you only attended one graduation
12 Q Okay. 12 ceremony?
13 A_ But | knew that | wanted to do business here, 13 A_ Yes. I didn't went to the first one. Yes,
14 so | started classes in business. 14 correct.
15 Q_ Okay. But that was for your bachelor's 15 Q Okay. Fair enough. Did you -- did you have a
16 degree, correct? 16 job when you moved to -- in 2003 to Florida, or did you
17 A _Itwas also for the master, but | changed it 17 move to Florida looking for employment or looking for a
18. in the middle, you know. 18 work opportunity?
19 Q Okay. 19 A When | moved to Florida I didn't have a job, |
20. A With what — with whatever was easier for me 20 found a job maybe a couple of months after | came
21. back at the day. 21 Q Okay. I should have asked, did you -- were -
22. Q Okay. Well, you had mentioned before your 22. did you ever work in New York in the eight years that
23 bachelor’s degree from Fairleigh Dickinson University, 23 you were there prior to moving to Florida?
24 you have a-- a diploma at your house — 24 — A | worked for the university.
25 A Ub-hum. 25 Q For Fairleigh Dickinson University?
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1 A Yes. 1 A Whatever I could, anything,
2. Q What did you do for Fairleigh Dickinson 2 Q_ Was that part of what you did, you worked at
3. University? 3. the front desk and checked people out when they bought
4 A [had some -- some stuff that | got from one 4 leather goods?
5 of the offices there to help you pay your tuition. 5 A Part, yes. Some — sometimes | did that.
6 Q Okay. 6 Q Okay. What else did do you at Top Gunn
7 A Sothey got me some ~ | don't know, some work 7 Leather, outside of helping customers pay for their
8 here and there. 8 goods at the cash register?
9 Q@ Okay. Any other -- any other work, whether 9 A You know, sitting with him talking, ideas on
10 you were paid for the work or not, while living in New 10 how to expand the business. Whatever friends do.
11 York? 11 Q_ Okay. Did you unpack boxes of leather goods
12 A Yes. 12 and hang them in the store?
13 Q What else did you do in New York? 13 A_ Probably once or twice, yes
14 A_Ihelped a friend manage a leather store. 14 Q Okay. Would you open and close the store at
15 Q Whowas the friend that you helped manage a 15 times?
16 leather store for in New York? 168 A No
17 A Ayal 17 Q_No. That's -- that's something other
18 Q Canyou spell it? 18 employees did?
19 A AY-AL. 19 A Ub-hum.
20. Q Okay. What was ~ is that his first or his 20 Q@ Howwere you ~ yes?
21 last name? 21 A_I'm-- | wasn't an employee: but, yes, other
22 A His first 22 employees did
23 Q_ What's his last name? 23 Q Right. Well, you were -- | guess you didn't
24 A Hod, H-0-D. 24 have your green card yet, so you were compensated some
25 Q Doyouremember the name of the leather store 25 other way by your friend?
23 25
1 in New York ~ 1 A_Iwas compensated with a -- you know, with a
2 A Yes. 2 good friend that helped me spend my time in New York by
3 Q ~that you worked for? 3. myself, | had -- came there with no family, didn't know
4 A Yeah. 4. anybody, so he was my family back then. So we went to
5 Q What was that? 5. ski together, dinners, Shabbat, whatever.
6 A Top Gunn Leather. 6 Q Sowould he pay you cash when you worked --
7 Q Spellit, please? 7 A No,he~
8 A _T-O-P, G-U-N-N, Leather, I'm sure you know how 8 Q -for Top Gunn Leather?
9 to spell it, right? L-E-A-T-HE-R. 9 A ~didn't
10 Q Okay. What did you do for Top Gunn Leather, 10 @Q Howwould he compensate you?
11 what -- what was your job? 1 MR. PATRICOFF: Object to the form.
12 A_Itwasn'ta job, | just helped him. 12 MR. OLIVE: You can answer the question.
13 Q Okay. What was your role and responsibility 13, MR. PATRICOFF: Mischaracterizing his
14. in helping at Top Gunn Leather while you lived in New 14 testimony.
15 York? 15 BY MR. OLIVE:
16 A He had opened a store where he couldn't spend 16 Q How would he compensate you?
17 most of the time over there, so | helped him with the 17 MR. PATRICOFF: You can answer.
18 free time that | had from school; because | went to 18 THE WITNESS: He took me to the Nicks games
19 school every day, so for the ~- from the free time that 19 front row next to, what's his name?
20 | had, | was helping him at the store. 20 Let's see. | forgot his name, but he was very
21 Q Okay. What -- what type of work; were you 21 famous back then.
22 working the front desk, checking people out when they 22 BY MR. OLIVE:
23. would buy -- 23 Q Soit's your testimony that you never received
24 A Whatever - 24 any kind of cash or other compensation? Let me just
25 Q -leather goods, or ~ 25 start -- you never received any cash while working at
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1 Top Gunn Leather for work there? 1 partners had two specific roles, Gabriel was in charge
2 A No 2 of sales, and you were in charge of what, specifically?
3 Q Okay. So the last answer to, I think your 3 A Everything
4 question was, no, you never received any cash from Top 4 Q Everything else?
5 Gunn Leather for working at Top Gunn Leather, correct? 5 A Yeah.
6 A Correct. 6 Q Okay. Did you work that business every day?
7 Q Okay. Outside of doing a little work at 7 A When had time, yes. When | was not in
8 Fairleigh Dickinson University, and working at Top Gunn 8 school.
9 Leather, did you perform any other work -- 9 Q@ Doyou remember what ownership percentage
10. A Yes. 10 there was between you, at Duo International Trading, and
11. Q_ ~in— in New York? 11 Gabriel?
12 A_ Yes, | had my own company. 12 A 50/50.
13 Q_ Okay. Let's talk about your own company in 13 Q_ 50/50 partners. What type of entity was Duo
14 New York prior to moving to Florida. What was the name 14. International Trading, do you know; was it a
15. of that company, please? 15. corporation, a limited liability company, a partnership,
16 A _ It's Duo ~- Duo International Trading, D-U-E 16 did it - did it have an actual entity form, do you
17 International Trading, We had an office in New York and 17 know?
18 an office in Florida. 18 AI think itwas an S corp.
19 Q When you said you had the company Duo 19 Q What happened to Duo International Trading,
20 International Trading, does that mean you owned the 20 what -- why is it no longer in operation?
21 company -- 21 A September 11 got us pretty badly hit, and a
22° A Yes. 22. year after we closed it.
23 Q ~oryou worked for the company? 23 Q Okay. So you said at the time there was an
24 A_lowned the company. 24 office in Florida and an office in New York for Duo
25 Q Anddid you have partners at Duo International 25. International Trading, correct?
ar 29
1 Trading? 1 A Correct.
2 A Yes, had one -- one partner. 2. Q Where in New York was the office?
3. Q Who-- well, do you -- do you still own Duo 3 A Queens.
4 International Trading? 4° Q Okay. And where in Florida?
5 A No 5) A In Miami
6 Q Who was your partner at Duo International 6 Q Would you travel down to the Miami office? Did
7 Trading when it was in operation when you lived in New 7 you have a specific office in Miami?
8 York between 1996 and 2003? 8 A Yes.
9 A His name is Gabriel, | don't remember his last 9 Q@ Anddid you have employees that worked for you
10 name. 10 in Miami?
11 Q Okay. What was the business of Duo 11. A Thadone
12. International Trading? 12 Q Okay. Who was that employee?
13 A__Itwas to bring fish and seafood from South 13 A _ I don't remember her name.
14. America to the states. 14 Q Okay. How did you meet Gabriel?
15 Q_Did it ever engage in that business, did it 15 A | met him in New York from mutual friends.
16 actually ~ 16 Q Okay. How long did you own and operate Duo
17 A Yes. 17 International Trading with Gabriel?
18 Q_ -bring fish and seafood from South America? 18 A Maybe three years.
19 A Yep. 19 Q Okay. And the business was not profitable,
20. Q What was your role at Duo International 20 ultimately, and you closed?
21 Trading? a MR. PATRICOFF: Object to the form.
22 A The owner. 22 THE WITNESS: Yes.
23 Q_ Okay. And what was Gabriel's role? 23. BY MR. OLIVE:
24 A. Sales, mainly. 24 Q Is that correct?
25 Q Okay. So at Duo International Trading the two 25 A Eventually, yes.
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32
1 @ Okay. How long -- during that three-year 1 Coast Wood Flooring?
2. period that you were doing everything for Duo 2. A Yes.
3. International Trading, how many hours a day were you 3. Q_ Okay. Is East Coast Wood Flooring still in
4 working at Duo International Trading, approximately? 4. operation today?
5 A Whenever | could 5 A No
6 Q@ Agood estimate? 6 Q Okay. When did that business fail?
7 A If lwasn't in school, | didn't have a ~ you 7 MR. SHTIVELMAN: Objection to the form.
8 know, any test that | need to study for, | was there all 8 BY MR. OLIVE:
9 day; if | had, maybe a couple hours a day. | can't tell 9 — Q_Did the business fail?
10 you exactly, it was too long ago. 10 A We closed it, so I guess it failed
11 Q Okay. Any other businesses while living in 11 Q_ Okay. When did the business fail?
12. New York that you had anything to do with besides Top 12 A_ I don'tremember exactly.
13. Gunn Leather, Duo International Trading, and working at 13 Q_ Some time before moving to Florida?
14. Fairleigh Dickinson University? 14 A Oh, yeah.
15 A Yes. 15 Q Okay. Do you remember how many days -- how
16 Q Tell me the other business or businesses that 16 many days a week you worked at East Coast Wood Flooring?
17. you had something to do with while living in New York, 17 A Whenever | could
18 starting between 1996 and before you moved to Florida in 18 Q Did you have an office, or was it something
419 20037 19 you would operate out of your residence?
20. A_ East Coast Wood Flooring 20 A Wehadan office.
21 Q Okay. East Coast Wood Flooring? 21 Q@ Okay. Any other businesses in New York that
22. A Ub-hum. 22. you started, or worked for, or owned while living in New
23 Q Is that a company that you owned, also? 23. York starting 19967
24 A Yes. 24 A No, that's it.
25 Q Is that a New York corporation? 25 Q@ Okay. So to summarize, you worked at
3 33
1 A Yes. 1 Fairleigh Dickinson University, Top Gunn Leather, you
2 @ Okay. What did East Coast Wood Flooring do? 2. owned and operated Duo International Trading and owned
3. A Wood flooring. 3. and operated East Coast Wood Flooring, correct?
4 — Q Installed, supplied, both? 4 A Correct.
5 A Installed, supply, sell, everything 5 Q And none of ~ none of -- none of the
6 Q Okay. Would you install the wood flooring? 6 businesses that you owned -- well, | guess Duo
7 A Sometimes, yes. 7 International Trading and East Coast Wood Flooring are
8 Q Okay. What - what partners did you have at 8 still in operation, correct?
9 East Coast Wood Flooring, if any? 9 A Correct.
10 A _ I didn't have partners. 10 Q By the way, did you have a partnership
11 Q Okay. So it was a business that you owned and 11 agreement with Gabriel at Duo International Trading?
12. operated yourself? 12 A No.
13 A Yes. 13 Q_Itwas just an oral agreement between you and
14 Q_ Okay. And it involved selling wood flooring 14. Gabriel?
15. products, and you would go to the office or the 15 A_ Oralagreement, the same that we had with this
16 residence and then install the wood flooring? 16 Atmos here.
17 A Give them estimates. Most of the time | used 17 Q_ Okay. What ~ why did you move to Florida?
18 subcontractors to do the work, to do the actual work. 18 A__| missed the weather, the good weather.
19 Q Okay. 19 Q@ Fairenough. Okay. So did you meet your wife
20 A And sometimes we did the work, also. 20 in Israel and New York, or in Florida ~
21 Q@ Did you-- so you didn't have a partner; when a A IH
22. you say us, it was just you, right? 22. Q_ ~orsomewhere else?
23 A__No, it was another friend that worked with me, 23 A ~metherin New York, but we actually
24 but it wasn't a partner. 24. started dating, not that | understand what it has to do
25 Q Okay. So you were a 100 percent owner of East 25 with the case, but we started dating in Florida.
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1 @ Okay. Okay. Fair enough. 1 Q@ Okay. What was your first - was it an entry
2 What is I guess my question, outside of the 2 level position with Qpay, is that - is that a fair way
3 weather, did you move -- what did you first do once you 3 to classify it?
4 moved down, for the weather, from New York to Florida 4 A Notreally.
5 around 2003, | believe? Is that right, 5 Q Okay.
6 20037 6 A Istarted ~
7 A Yes. 7 Q Tellme what your first position at Qpay was?
8 Q What did you first do by way of owning a 8 — A_ I don't remember the exact wording of the
9 business, working for a business, becoming employed bya | 9 itle, but | started a new division in Qpay, which was
10 business, what -- what did you first do when you first 10 the payment machines, and | was doing everything in that
11 moved to Florida by way of business or employment? 11. division, more or less.
12 A. The first job that | had in Florida was a 12. Q When-- when was this; when -- was that 2003,
13 company called Qpay. 13 or some time after that?
14 Q Could you spell it? 14 A Either end of 03, or beginning of 04,
15 A OP-AY. 15 something like that. It was few months after | came to
16 Q Okay. Was this after you received your green 16 Florida
17 card or before? 17 Q_ Okay. My question is -- and and |
18 A Thatwas before, and they actually paid for my 18 understand -- how -- you know what, how long were you at
19 legal to receive the green card. 19 Qpay as an employee?
20 Q Qpay was a sponsor for you ~ 20 A Almost ten years.
21 A Yes. 21 Q Tenyears. Okay. So! want to talk about
22 Q ~ for your green card? 22 those ten years. When you were first hired, I'm
23° A Exactly. 23 assuming your roles and responsibilities were different
24 Q Okay. And were -- did you -- were you hired 24 than ten years later when you had spent ten years there
25 by Qpay while you were still at Fairleigh Dickinson 25 doing whatever you were doing there, is that fair to
36 37
1 University? 1 say; you had a different role and responsibility day
2. A No 2. one, then you did ten years later, or did you always
3 Q Were you hired by Qpay when you still lived in 3. have the same roles and responsibilities at Qpay day
4 New York? 4. one, and ten years later before you left?
5 A No 5 A__ had more people under me, you know, as time
6 Q Okay. So the first time you came upon Qpay or 6 progressed, but | did mostly everything since day one.
7 learned of Qpay was when you moved to Florida? 7 Q Okay. Tell me ~
8 A Correct. 8 — A_In that division, again.
9 Q Okay. Tell me what Qpay is? 9 Q_Inwhat--
10 A_Its a payment processor company. 10 A_Itwas anew division of payment machines,
11 Q Okay. Can you be a little bit more specific? 11 Q Right.
12 A Yes. It's doing third party for cell phone 12 A Okay. Qpay did not have that division before
13. companies, it's doing all the processing, payment, 13 | start
14 collections, and then it transfer the money to the ~ to 14 Q Okay. So the payment machines component of
15 the third party. Let's say MetroPCS, it uses the app or 15 Qpay, that is what you were specifically hired to work
16 the program that Qpay has to collect the money, take 16 within?
17 some type of a fee, and give the money to the third 17 A Yes.
18 company 18 Q_ Okay. Who hired you at Qpay?
19 Q Okay. What was your role at Qpay when you 19 A _Itwas the owner and my cousin, who was also
20 were, is it fair to say, employed, your first job was as 20 employed at that company.
21 an employee? 21 Q Okay. What was the owner's name at the time
22. A Yes. 22 that you were hired at Qpay?
23 @ Okay. So when you moved to Florida you 23. A_ Ami Shashua.
24 obtained a job with Qpay right out of college, correct? 24 Q_ Spellit, please.
25° A Yeah 250 A AMA, S-H-A-S-HU-A,
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1 Q = Okay. And your cousin who worked there at the 1 and make sure that everybody else is doing their job,
2 time that you were hired? 2 and more as a, you could call it a consultant, you know,
3 A Amit Alima. 3. somebody that's making sure that everything is fine.
4 Q Okay. Did Amit also work in the payment 4 Q Right.
5 machines division of Qpay when you were hired? 5 A _ But not actually doing the job.
6 A Yes. 6 Q Soif you had to estimate that in 2003 or "4
7 Q_ Do you remember what your starting salary was 7 when you started, you were working more than 40 hours a
8 at Qpay? Approximately, doesn't have to be exact. 8 week, and in 2014 ~- in May or June of 2014, at the end
9 A 60-50, 60. I don't remember. 9 of your job at Qpay, how many hours would you estimate a
10 Q 50, $60,000. And do you remember, by the time 10 week you were working?
11 that you left, ten years later, what your salary was? 11 A_ Most of the work that | did for Qpay at that
12° A 120. 12. time was work that | already brought to my previous
13 Q Okay. Did you ever have any ownership of 13. partners here under the company called Cesy. So | was
14 Qpay? 14 sitting at the Cesy office and managing the -- you know,
15 A No. 15. the projects that we had for Qpay.
16 Q_ Did your cousin have any ownership of Qpay, 16 Q Okay. But, to the best of your recollection,
17 Amit? 17 in 2014, at the end of Qpay -- when you were working at
18 A Yes, he did, but not in Qpay, in another 18 Qpay, and a salaried employee at Qpay, what is your best
19. branch that was called Qiosks. 19 estimate of how many hours you were working? You were
20 Q@ Kiosk, K-1-0-S-K? 20 working 40 or more in the beginning, approximately
21 A Q-L0-S-K-S, and then it was merged into Qpay. 21. towards the end, how many hours a week were you working
22 Q Okay. That particular division you never 22 for Qpay?
23 owned any portion of, or did you? 23 A_|-I don't know exactly, | can't estimate.
24 A No. 24 Much less.
25 Q_ Only Amit? 25 Q = Okay. More than 30 hours, less than 30 hours?
39 a
1 A Only Amit. 1 A Itvaries.
2 Q Okay. Are the time periods that we're talking 2 Q Sometimes 40, sometimes les
Preview
Filing # 72384133 E-Filed 05/18/2018 04:22:14 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA COMPLEX BUSINESS AND TORT DIVISION YARIV ALIMA, CASE NO.: CACE-16-011606 (07) Plaintiff, vs. ATMOS TECHNOLOGY LLC, ATMOS INVESTMENTS LLC, LOCAL MAP RANKING, LLC d/b/a CESY GROUP, ELH PRODUCTS, LLC, ATMOS NATION LLC, IMPORT NATION, LLC, SMJ MARKETING, INC., CHARLY BENASSAYAG, P.A., ELI EROCH, SHLOMI BITON, and CHARLY BENASSAYAG Defendants, / PLAINTIFF’S NOTICE OF FILING AND INTENT TO REPLY UPON SUMMARY JUDGMENT EVIDENCE IN OPPOSITION TO THE DEFENDANTS’ PENDING MOTIONS FOR PARTIAL SUMMARY JUDGMENT Plaintiff, Yariv Alima, through undersigned counsel, hereby gives notice of filing and intent to rely upon summary judgment evidence in opposition to: 1) Member Defendants’ Motion for Partial Summary Judgment on Count I of Plaintiff's Second Amended Complaint and 2) Defendants’ Joint Motion for Summary Judgment on Count IV of Plaintiff's Complaint for Appointment on Ancillary Receiver: 1. Affidavit of Yariv Alima dated May 17, 2018. 2. Deposition of Yariv Alima dated November 28, 2016. 3. Excerpt of transcript of hearing dated July 29, 2016. {10792/00531238.6} 1 HALL, LAMB. HALL & LETO, P.A., PENTHOUSE ONE, 2665 S. BAYSHORE DRIVE, MIAMI, FLORIDA 33133 -TEL. (305) 374-5030 - FAX (305) 374-5033 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 5/18/2018 4:22:13 PM.****CASE NO.: CACE-16-011606 (07) 4. Email from John M. Mullin to group@cesygroup.com dated March 28, 2016. (Exhibit to depositions of Eroch, Benassayag and Biton) 5. Redacted bank statement from Bank of America account regarding Atmos Nation for December 1, 2016 to December 31, 2016 (Attached to Defendants’ Response to Plaintiff's motion to compel distributions dated January 5, 2017). Plaintiff also intends to rely upon the following documents which have been designated as confidential during discovery. Copies were produced by Defendants and will be provided directly the trial judge at or before the hearing if requested: 1. Bank statement from Bank of America account regarding Atmos Nation for December 1, 2016 to December 31, 2016. 2. Bank statement from Bank of America account regarding Atmos Nation for November 1, 2016 to November 30, 2016 3. Handwritten cash log 3/28/16-1/12/17 (Exhibit to depositions of Defendants Eroch, Benassayag and Biton) 4. Handwritten cash log 2/17/15- 3/24/16 (Exhibit to deposition of Plaintiff Alima) Plaintiff also intends to rely upon the expert report from Cherry Bekaert dated March 21, 2018 referenced in the affidavit of Matt Druckman which contains some numerical schedules based upon certain financial documents that were designated as confidential during discovery and therefore the report is not being filed at this time. Copies were provided to counsel for Defendants on March 21, 2018 will be provided directly the trial judge at or before the hearing if requested and/or as necessary. Plaintiff also intends to rely upon any pleadings, depositions, affidavits and other documents previously filed with the Court including: a. Affidavit of Matt Druckman, C.P.A. dated April 2, 2018. b. Deposition of Yariv Alima dated September 27, 2017. {10792/00531238.6}2 HALL, LAMB, HALL & LETO, P.A., PENTHOUSE ONE, 2665 S. BAYSHORE DRIVE, MIAMI, FLORIDA 33133-TEL. (305) 374-5030 -FAX (305) 374-5033CASE NO.: CACE-16-011606 (07) c. Deposition of Yariv Alima dated January 12, 2018. d. Deposition of Eli Eroch dated October 3, 2017. e. Deposition of Charly Benassayag dated January 18, 2018 f. Deposition of Shlomi Biton dated March 28, 2018. Respectfully submitted, HALL, LAMB, HALL & LETO, P.A. 2665 South Bayshore Drive - PH One Miami, Florida 33133 TEL. 305-374-5030 FAX. 305-374-5033 By:_/s/ Adam J. Lamb Andrew C. Hall. Esq. Florida Bar No. 111480 andyhall(@hlhlawfirm.com Adam J. Lamb, Esq. Florida Bar No. 899046 alamb@hlhlawfirm.com and SHUTTS & BOWEN LLP 200 South Biscayne Boulevard, Suite 4100 Miami, Florida 33131 Harold E. Patricoff, Esq. Florida Bar No. 508357 Hpatricoff@shutts.com Aleksey Shtivelman, Esq. Florida Bar No. 99159 ashtivelman@shutts.com Attorneys for Plaintiff/Counterclaim Defendant {10792/00531238.6}3 HALL, LAMB, HALL & LETO, P.A., PENTHOUSE ONE, 2665 S. BAYSHORE DRIVE, MIAMI, FLORIDA 33133-TEL. (305) 374-5030 -FAX (305) 374-5033CASE NO.: CACE-16-011606 (07) CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via email and via the e-filing portal to: Benjamin E. Olive, Esq., Matthew Sanchez, Esq., bolive@hojlaw.com, mscanchez@hojlaw.com, srodriguez@hojlaw.com; Hackleman Olive & Judd, P.A., 2426 E. Las Olas Boulevard, Fort Lauderdale, Florida 33301; Kenneth W. Waterway, Esq., kww@waterwayblack.com, firm@waterwayblack.com, yaralegal@@waterwayblack.com, Waterway Black, P.A., 1401 E. Broward Blvd., Victoria Park Centre, Suite 204, Fort Lauderdale, FL 33301; and Harold E. Patricoff, Esq., Aleksey Shtivelman, Esq., hpatricoff@shutts.com , ashtivelman@shutts.com , Shutts & Bowen LLP, 200 S. Biscayne Blvd., Suite 4100, Miami, FL 33131 on this 13" day of May, 2018. /s/ Adam J. Lamb ADAM J. LAMB {10792/00531238.6}4 HALL, LAMB, HALL & LETO, P.A., PENTHOUSE ONE, 2665 S. BAYSHORE DRIVE, MIAMI, FLORIDA 33133-TEL. (305) 374-5030 -FAX (305) 374-5033IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA COMPLEX BUSINESS AND TORT DIVISION YARIV ALIMA, CASE NO.: CACE-16-011606 (07) Plaintiff, VS. ATMOS TECHNOLOGY LLC, ATMOS INVESTMENTS LLC, LOCAL MAP RANKING, LLC d/b/a CESY GROUP, ELH PRODUCTS, LLC, ATMOS NATION LLC, IMPORT NATION, LLC, SMJ MARKETING, INC., CHARLY BENASSAYAG, P.A., ELI EROCH, SHLOMI BITON, and CHARLY BENASSAYAG, Defendants, STATE OF FLORIDA ) )SS COUNTY OF BROWARD) BEFORE ME, the undersigned authority, personally appeared Yariv Alima who, after being duly sworn, deposes and says: lL. I am over the age of 18 and make this affidavit based upon my personal knowledge. 2. I am a 25% member of six limited liability companies: Defendants AtmosTechnology LLC, Atmos Investments LLC, Local Map Ranking LLC d/b/a CESY Group LLC, ELH Products LLC, Atmos Nation, LLC, and Import Nation LLC (collectively the “Defendant Companies”). All of the Defendant Companies are Florida limited liability companies, except for Atmos Nation, LLC and Import Nation, LLC, which are Nevada limited liability companies. The Member Defendants hold the remaining 75% interest in the companies, individually or through entities they own and operate, 25% each. 3. From the Defendant Companies’ inceptions through March 2016, I was directly involved and active in their operation. Prior to being frozen out of the companies in March 2016, I had access to the books and records of the Companies including the electronic QuickBooks accounting records. 4. Prior to being frozen out, the members of the Defendant Companies would jointly discuss business decisions for the Companies and were each provided with a vote regarding those decisions. Each of the members shared an office with four desks and business decisions were routinely discussed in group fashion. 5. Prior to being frozen out, the Member Defendants and I caused the Defendant Companies to make regular distributions to the members through monthly payments. By the time I was frozen out in March 2016, these mostly payments were $15,000 per member. While these payments were sometimes noted as consulting fees, they were not tied to work or working any required number of hours. 6. In addition, the Defendant Companies would issue regular cash distributions, often several times each month, as reflected on handwritten cash logs thecompanies maintained. The cash distributions averaged $18,920.75 per month over the prior 3 year period prior to my ouster. 7. In mid-March 2016, I left the United States for a planned vacation in Israel. The Member Defendants used my planned vacation abroad as an opportunity to freeze me out, seize control of all aspects of the businesses without notice to me and misappropriate my membership interest, including my share of distributions. 8. As a member of the Companies, I had access to the Companies’ computers, including my personal computer, to various bank accounts, and to a smartphone application that permitted me to monitor the Companies’ warehouse premises and office area via approximately 50 security cameras. In addition, the four members kept in communication though a group text application. 9. While I was in Israel, I was contacted by Osborne Brown from Bank of America asking me to call him. When I telephoned Mr. Brown he advised me that Mr. Eroch, Mr. Biton and Mr. Benassayag had scheduled an appointment to meet with him at 9:00 a.m. that morning. This was a highly unusual event since Mr. Eroch and Mr. Benassayag did not have regular contact or involvement in the Companies’ banking activities. 10. After I received this notification, I found that my access points to the Companies had been terminated: I could not access my personal computer at work. I could not access the security cameras on the smartphone application. The group text through which | communicated with the other members, which was a frequently used andimportant line of communication, was no longer being used. The other members had ceased communicating through it. I realized that the Member Defendants were wrongfully attempting to seize my interests and freeze me out, without providing any notice or conducting any vote. I attempted to contact the individual Defendants but they did not return my calls immediately. ll. Being out of the United States without access to the Companies, I had serious concerns that the Member Defendants would begin to dissipate the assets of the Companies. I immediately hired counsel and transferred $1 million from one of the Companies’ bank accounts, which | estimated to represent my 25% interest in the cash and inventory on hand of $4 million, to hold in another account until the Member Defendants communicated with me and I regained access to the Companies. 12. My attorney, John Mullin, emailed the Member Defendants and advised them that the monies were being held in escrow and would be returned upon assurances that I would be treated fairly, my 25% interest honored, and if a buyout was desired, that it would be addressed expeditiously. 13. Mr. Eroch and Mr. Benassayag contacted me. They falsely assured me that there was nothing to be concerned about, stating that it was all a misunderstanding. They assured me that I would be provided with access to my computer. I then transferred the $1,000,000 from escrow back to the Companies that same afternoon, the funds having only been removed for approximately 3 hours in total. 14. On March 31, 2016, after I returned to the United States, I visited theCompanies’ office in the afternoon to meet with the individual members. The Member Defendants advised me that they no longer wanted me to come to the office. Instead, they asked me to work from home on CESY related business only. The meeting was held in a hostile manner. Mr. Benassayag brought a firearm to the meeting and made a veiled threat to me that I should not return to the premises or cause any issues with my removal. 15. Thereafter, the Member Defendants excluded me from businesses. I was not provided with access to the Companies’ books and records. | was not provided with the opportunity to provide input and to vote regarding the Companies’ decisions. While | initially attempted to work solely on business for CESY from home as instructed at the March 31, 2016 meeting, the Member Defendants shortly thereafter instructed me to cease any such activities as well, and I was completely excluded from all of the Companies. I was provided access to the CESY books and records during April 2016 for a few days, but that access was revoked by the end of April 2016. After that date, I did not have access to any of the books and records of any of the Companies. 16. As part of their freeze out, the Member Defendants immediately ceased paying me distributions. The Member Defendants continued to take their monthly $15,000 distribution without providing me with an equal share. Further, as reflected on the handwritten cash logs, the Member Defendants continued to take additional distributions of cash from the retail and wholesale sales but failed to provide me with my equal cash distributions. 17. Prior to my being excluded, cash from the company’s safe representingincome generated by retail and warehouse sales was divided equally among the four members several times a month. This was reflected on a handwritten cash log evidencing their routine distribution of cash to each of the four members. 18. After freezing me out, as is evident from the handwritten cash logs, the three remaining members ignored my membership and proceeded to simply distribute the cash equally to the three members to my exclusion. The Companies’ cash log evidences the three Defendant members taking cash distributions without providing me an equal share or any share from April 2016 to December 2016. 19. I am aware that the Member Defendants unilaterally gave themselves a raise in monthly distributions, from $15,000 to $20,000, essentially dividing up the distributions that would have been paid to me. I did not consent to this increase. I am also aware that the Member Defendants, without my consent, made this increase retroactive to April 2016. I have not received any of the $20,000 per month payments. 20. ‘I have not received any cash distributions since March 31, 2016. 21. Shortly after the March 31, 2016, the Member Defendants offered to purchase my interests in the Companies for $300,000. I believed the offer to be far below market value and rejected the offer. 22. As set forth above, after March 31, 2016 I was frozen out of the Companies. | have not been permitted to vote or participate in discussions regarding business decisions, | have not received any distributions, including distributions to those received by the Member Defendants as purported consulting fees, | have not had accessto the books and records of the Company, except those records my lawyers obtained in discovery during the lawsuit pursuant to Court Order. Through their actions in freezing me out, the Member Defendants have misappropriated my membership interest and income derived therefrom for themselves without compensation FURTHER AFFIANT SAYETH NOT. SWORN TO AND SUBSCRIBED before me this _/ ?_ day of May 2018, by YARIV ALIMA who is personally known to me or has produced (Ars. Mrier Greed as identification and did take an oath. as GERNARO PIERRE.LOUIS NOTARY PUBLIC, State of Florida p) teas ~ Sale of Fotis Ny Comm Engines tan ie nen? Print Name:_DBepnacd Lee-laus S$ My Commission Expires: V/tb aed The only access I was able to obtain to the Companies’ books and records after that date was through discovery in this lawsuit pursuant to Court Orders. CASE NO.: CACE-16-011606 (07) JAX\1988290_1 {10792/00536462.1}IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE 16-011606 (13 YARIV ALIMA, Plaintiff, vs. ATMOS TECHNOLOGY, LLC, ATMOS INVESTMENTS, LLC, CESY GROUP, LLC, ELH PRODUCTS, LLC, ATMOS NATION, LLC, SMJ MARKETING, INC., IMPORT NATION, LLC, CHARLY BENASSAYAG, P.A., ELI EROCH, SHLOMI BITON, and CHARLY BENASSAYAG, Defendants. VIDEOTAPED DEPOSITION OF YARIV ALIMA TAKEN ON BEHALF OF THE DEFENDANTS NOVEMBER 28, 2016 10:00 A.M. TO 3:42 P.M. UNIVERSAL COURT REPORTING 888 East Las Olas Boulevard, Suite 508 Fort Lauderdale, Florida 33301 REPORTED BY: JAIME KOGANOVSKY, COURT REPORTER NOTARY PUBLIC, STATE OF FLORIDA UNIVERSAL 877.291.3376 COURT REPORTING www.UCRinc.comAlima, Yariv 11-28-2016 APPEARANCES OF COUNSEL 2 ON BEHALF OF THE PLAINTIFF: ALEKSEY SHTIVELMAN, ESQUIRE HAROLD PATRICOFF, ESQUIRE 4 SHUTTS & BOWEN, LLP 200 South Biscayne Boulevard, Suite 4100 5 Miami, Florida 33131 Hpatricofif@shutts.com 6 7 ON BEHALF OF THE DEFENDANT: 8 KENNETH WATERWAY, ESQUIRE WATERWAY BLACK 9 1401 East Broward Boulevard, Victoria Park Centre, Suite 204 10 Fort Lauderdale, Florida 33301 (305) 379-9135 41 ashtivelman@shutts.com (The company defendants) 13 BENJAMIN E. OLIVE, ESQUIRE MATTHEW SANCHEZ, ESQUIRE 14 HACKLEMAN, OLIVE & JUDD, P.A. 2426 East Las Olas Boulevard, 15 Fort Lauderdale, Florida 33301 (954)334-2250 16 bolive@hojlaw.com 48 ALSO PRESENT: 19 ANTHONY ESTEVEZ (The videographer) 20. CHARLY BENASSAYAG 1 INDEX OF EXHIBITS 2 EXHIBIT DESCRIPTION PAGE 3 DEFENDANTS’ 44 Yellow paper 120 2 Verified amended complaint 120 EL! EROCH 21 SHLOMI BITON 22 23 24 25 1 INDEX OF EXAMINATION 1 VIDEOTAPED DEPOSITION OF YARIV ALIMA 2 WITNESS: YARIV ALIMA 2 NOVEMBER 28, 2016 PAGE 3 THE VIDEOGRAPHER: We are now cn the video ee Rech EXSaNi TON 4 record. Today's date is November 28th, 2016. By Benjamin Olive, Esquire 6 5 The time is 10:14 a.m. This is the video a 6 deposition of Mr. Yariv Alima, taken in the matter 6 7 of Yariv Alima verses Atmos Technology, LLC. Case 7 8 Number CACE-16-01160613. ‘ 9 We are located at Universal Court Reporting, 10 10 888 East Las Olas Boulevard, Suite 508, Fort 7 11 Lauderdale, Florida. The court reporter's name is 3 12 Jaime Purvin, the videographer's name is Anthony 14 13 Estevez, both with Universal Legal = 14 Would counsel present please state their 17 1 appearances for the video record. Mr. Olive. 18 16 MR. OLIVE: Sure. Ben Olive for what has been a 17 defined at the majority and interest defendants. m1 18 MR. SANCHEZ: Matthew Sanchez for the same 22 19 defendants. oH 20 MR. WATERWAY: Ken Waterway for the company 25 21 defendants. 22 MR. PATRICOFF: Ed Patricoff, with Shutts & 28 Bowen, representing Mr. Alima. 24 MR. SHTIVELMAN: Aleksey Shtivelman, also with 25 Shuts & Bowen, representing the plaintif, UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.comAlima, Yariv 11-28-2016 1 Mr. Alima, 1 deposition. There are eleven named defendants, you 2 THE VIDEOGRAPHER: Would the court reporter 2 know what the issue is. We tried to work it out 3 kindly swear in the witness? 3 with you, Mr. Olive, you refused. We are not going 4 Thereupon, 4 toallow our client to be deposed by eleven 5 YARIV ALIMA, 5 different defendants. 6 was called as a witness by the Defendants and, having 6 If you think you have the right to do that, 7 been first duly sworn, testified as follows 7 then you can express that view to the judge. 8 THE WITNESS: | do. 8 We're here to answer questions, we're here to 9 MR. PATRICOFF: Thank you 9 respond in an appropriate fashion, and you may 10 DIRECT EXAMINATION 10 conduct the deposition in that way. Please 11 BY MR. OLIVE: 11 proceed 12 Q Good morning. 12 MR. OLIVE: Please swear the witness 13 MR. PATRICOFF: Before we start | have a 13 THE COURT REPORTER: | did. 14 request, and | also want to make a statement for 14 MR. OLIVE: You did. Okay. 15 the record. My request is that your client, Mr. 15. BY MR, OLIVE: 16 Benassayag, who regularly carries a weapon in a 16 Q Mr. Alima, good morning. 17 concealed fashion ~ 17 A Good moming. 18 MR. OLIVE: Okay. You know what, this ~ this 18 Q Am1saying your name correctly, Alima? 19 = this 19 A Yeah 20 MR. PATRICOFF: | want to make certain, that 20. Q Okay. Mr. Alima, have you ever had your 21 is 21 deposition taken before? 22 MR. OLIVE: This kind of self-serving — you 22 A No, it's the first time. 23° know— 23 @ Okay. As compared to some of the discussions 24 MR. PATRICOFF: We're not going to sit in a 24 between counsel earlier today before we went on the 25 roomwith a guy who has a gun, okay. 25. record, what | would like to try to do is get through as 7 1 MR. OLIVE: This is ~ go off the record, 1 many questions as we can today, try not to interrupt 2 please. 2. each other. I'm going to do my very best not to 3 MR. PATRICOFF: No, not off the record 3. interrupt you when you are in the middle of a sentence, 4 THE VIDEOGRAPHER: The time is 10:15 a.m. 4 atthe same time if | am in the middle of a question, 5 We are now coming off the video record. 5. please try not to interrupt me. This is not a marathon 6 (Whereupon, a brief recess was had and the 6 or an endurance test; if you need to go to the restroom, 7 proceedings resumed as follows:) 7 oryou need to take a personal break, just let me know. 8 THE VIDEOGRAPHER: The time is 10:16 a.m., we 8 Iwill ask you to finish the sentence or finish the line 9 are now back on the video record. 9 of questioning that we're on so that it is not 10 MR. PATRICOFF: Are you confirming for us that 10 interrupted by a break, but we'll complete the line of 1 none of your clients are armed? 11 questioning that we're in, and then you can take as many 12 MR. OLIVE: That's correct. And can you 12 breaks as you want. Okay? 13 confirm that your client is not armed? 13 A Sure. 4 MR. PATRICOFF: He's not known to carry a 14 Q@ The other thing is to speak audibly. Whenever 15 weapon, and he's not armed. 15. we are in day-to-day conversations sometimes you just 16 MR. OLIVE: That's not my question. My 16 nod and shake your head, and of course we do have a 17 question is, can you confirm your client -~ 17 court reporter here, but we also have a videographer, 18 Mr. Alima, are you armed? 18 but because the court reporter cannot take down nods of 19 MR. PATRIGOFF: Your deposition hasn't started 19 the head and such, please audibly give your answer. 20 yet. You can ask him all the questions that you 20 Okay? 21 want that are relevant — 21 A Okay 22 MR. OLIVE: If you can confirm without me 22 @ Any questions? 23 asking, go right ahead. Dol AL Nel 24 MR. PATRICOFF: Yeah. Second of all, we filed 24 @_Doyouhave ~ and you fully understand the 25 a motion for protective order relating to this, : 25 English language? UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.comAlima, Yariv 11-28-2016 10 2 1 A Yes. 1 Q = Okay. Do you own your home? 2. Q Okay. And you have no problem conducting the 2 A Yes. 3. deposition in English today, correct? 3 Q_At1131 Northwest 94th Way? 4 A No. 4 A Yes,1do. 5 Q If for any reason, at any time today, you feel 5 Q Okay. Where -- are you originally from 6 like you don't understand what I'm saying -- 6 Florida? 7 A Iwill ask you. 7 A No, I'm originally not from Florida 8 Q_ -- just ask, because if you haven't asked for 8 Q Where were you born? 9 me to clarify, we're going to assume that you understand 9 A _Inlsrael. 10 everything that I'm asking. Okay? 10 Q Okay. What is your date of birth? 11 A Sure. 11 A_ September 23rd, 1974. 12 Q Okay. Terrific. 12. Q Okay. And you were born in Israel? 13 Tell me your full legal name for the record, 13, A Yes. 14 please? 14 Q And moved to the United States, or did you 15 A Yariv Alima 15. live somewhere between Israel and the United States? 16 Q Okay. And where do you live, Mr. Alima? 16 A _No, moved to the United States. 17 A _I live in Plantation, Florida. 17 Q Okay. When did you move to the United States 18 Q Okay. What is your home address? 18 from Israel? 19 A 1131 Northwest 94th Way, Plantation, Florida. 19 A 1996. 20° Q@ Okay. And do you live alone at 1131 Northwest 20 Q Okay. What is your citizenship status, 21 94th Way in Plantation, or do you live with a family 21 currently? 22. member, or wife, a spouse, kids? 22. A ImaUS. citizen 23 A Awife, kids. 23 Q Okay. When did you became a United States 24 Q Okay. Your wife's name, please? 24 citizen? 25° A Michal. 25. A Afewyears ago. | don't remember exactly. 4 13 1 Q Spell it for the record, please. 1 Q@ Okay. Did you have a green card prior ~ 20 A M-ECHAL. 2 A Yes. 3 Q Okay. Any middle initial? 3 Q =to~ 4 A No. 4 A Thad five years. 5 Q Okay. And you said there are children living 5 Q Sorry, let me ~- let me finish, and then you 6 inthe home? 6 can answer the question. 7 A Yes. 7 Did you have a green card at some point 8 = Q How many children? 8 following your arrival into the United States in 1996, 9° A Two. 9 or did you obtain a green card prior? 10 Q Whatare their names and ages? 10 A _No,1--I got the green card while | was 11 A Mia 14 here. 12 Q Spellit, please? 12 Q_ While you were in the United States? 180 A MLA 13 A Yes. 14 Q Mia Alima? 14 Q_ Okay. So have you moved -- where did you move 15 A Yeah. 15 to originally in 1996, where in the United States? 16 Q Okay. And how old is Mia? 16 A NewYork. 17 A Shewill be nine in January. 17 Q_New York. Okay. How long did you live in New 18 Q Okay. 18 York? 19 A And Dan, D-A-N, and he will be six in 19 A Give or take, eight years. 20 February. 20. Q Eight years. Okay. And did you obtain your 21 Q@ Okay. Mr. Alima, how long have you lived at 21. green card while in New York? 22 1131 Northwest 94th Way in Plantation? 22 A | --nope, | started the process while | was 23 A Approximately, seven years. 23 in Florida. 24 Q Okay. Where did you live before that? 24 Q Okay. So you have eight years from '96, do 25 A Plantation, also. 25 you remember approximately -- 2004, is that when you UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.comAlima, Yariv 11-28-2016 14 16 1 moved to Florida? 1 Q Okay. Is there a particular type of business 2 A I moved to Florida in '03. 2 that you focused on in obtaining your bachelor's at 3 Q Okay. What did you do in New York after 3 Fairleigh Dickinson University, or was it just a general 4 moving from Israel but before moving to Florida when you 4 business course? 5. obtained your green card, what were you doing in New 5 A General. 6 York for eight years? 6 Q Okay. Same question for computer science. Did 7 A Went to college. 7 you have any particular focus in your computer science 8 Q Okay. Did you begin college in 1996, or some 8 studies, outside of just the general beginning 9 time thereafter? 9 coursework in computer science? 10 A Seven. 10 A General. 11 Q Okay. Which college did you attend in — 11 Q Okay. When did you graduate and obtain your 12 presumably in New York? 12. bachelor’s from Fairleigh Dickinson University? | think 13° A FD. 13. you said you started in 19977 14 Q_ What does that stand for? 14 A Yeah. | started in’97, graduated both at 15 A. Fairleigh Dickinson University. 15 2003. | actually came here ~ came to Florida before | 16 Q Okay. Did you graduate from Fairleigh 16 got the diploma, and a month after went back to -- for 17. Dickinson University? 17 the ceremony to get the diploma. So as soon as school 18 A Yes. 18 finished, | came here. 19 Q Did you obtain any type of - what type of 19 Q_ Okay. So that's for your bachelor's, right? 20 degree did you obtain? 20 A No, that's for both. | don’t remember when 21 A_ Ihave a bachelor and master degree. 21. was the bachelor's exactly, some time in the middle. 22 Q Let's take those one at a time. What do you 22 Q Okay. Do you remember any -- any of the 23 have a bachelor's degree in? 23. business courses that you took at Fairleigh Dickinson 24 A. It's business and science ~ art and science, 24 University? 25 something like that, | don't remember exactly. 25 — A_Itwas long time ago, but it was everything 15 7 1 Q Okay. But you have -- you have a diploma? 1 Itwas law — 2 A Yes. 2 Q@ Law? 3 Q Okay. Did you have an area of concentration, 3. A il was finance, it was marketing, it was 4 let's say it's - 4 whatever you take, you know. 5 A _Istarted with something and moved to 5 Q Allofthe basic elementary courses? 6 something else, so. 6 A Exactly. 7 Q Was it more of a general degree, or did it 7 Q Sorry, just speak a little bit louder, your 8 have a particular focus? Did you — 8 answers. | know we're close, but ~ 9 A tt 9 A Ihave this mic here, so... 10 Q Sorry, let me -- let me finish my thought. 10 Q Okay. Just so she can hear, that’s all. She 11 Different schools have different types of programs; you 11 can't-- she doesn't have an earpiece, unfortunately. 12. can have a major in a particular area, you can have a 12 One day. 13 concentration in different areas; do you know if you had 13 So if -- you obtained your bachelor's in basic 14. a particular focus or a major when you obtained your 14 business and basic computer science, correct? 15. bachelor's degree at Fairleigh Dickinson University? 15 A_ I guess so, yes. 16 A Business. 16 Q Okay. Tell me what your master’s degree was 17 Q_ Business. Okay. 17 in? And let me just ask, before | ask that question, 18 A Ub-hum. 18 did you also ~- did your master’s degree also come from 19 Q Doyou have some type of diploma that says, | 19 Fairleigh Dickinson University, or did that come from 20 have bachelor's in business administration, or something 20 somewhere else? 21. along those lines? 21 A Fairleigh University. 22 A _I started with business in computer science, 22 Q@ Okay. So what was -- what was your master’s 23. but | shifted, so | don't remember exactly what the 23. degree in? 24. diploma is saying, but it's ~ it's in my home. If you 24 A I started it ~ 25 want to see it, I can send it to you. 25 Q Ifyou remember. UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.comAlima, Yariv 11-28-2016 18 i 1A I started with something else, but | finished 1 Q = perhaps hanging on a wall. Is it hanging 2 with, | think -- how was it called? | don't remember, 2 ona wall or is it, like many places -- like many 3 to be honest with you. 3 people, just shoved into a drawer? 4 Q Okay. So-~just so! understand, you don't 4 A Probably in a drawer somewhere. 5 remember what you started your master's degree in — 5 Q_ Okay. Fair enough. Is your master's diploma 6 A No,no,1~ 6 also in that same drawer or up on a wall at your house? 7 @ ~oryou don't remember what you finished? 7 A Same drawer. 8 — A remember what | started, | don’t remember 8 @ Sodrawer. So if! were to ask you for it, 9 what | finished because | change classes. 9 you could make a copy and send it over to me, no 10 Q Okay. 10 problem? 11 A Youknow. 11 A Definitely. 12 Q So tell me what you do remember about your 12 Q Definitely? 13 master's program -- 13 A Ub-hum. 14 AI think it was -- 14 Q Okay. 15 Q Sorry, let me finish ~- your master’s program 15 A_ Does it have anything with the case, my 16 at Fairleigh Dickinson University? 16 diploma? 17 A What! do remember, a lot of homework and a 17 Q_'mjust asking. I'm just asking about — 18 lot of tests. 18 about that master’s degree. 19 Q What I remember - what I guess my question 19 A Okay. 20 is, what was the type of focus or coursework in your 20 QI didn't know about that before. 21. master's, if you remember? 21 A Got you. It's okay, none of my partners have 22 A My focus was to get a -- legal here, that was 22. any degrees, so don't worry about it 23 my focus in school. So | did school only to be legal 23 Q_ Soyou moved to Florida in 2003, correct? 24 here. 24 A Correct. 25 Q Allofthose -- so if | understand your 25 @ Okay. So had you obtained your master's 19 24 1 testimony, both your undergraduate bachelor's degree and 1 degree at the time you moved to Florida, or did you have 2. your master’s degree was really focused on law, because 2. to move back -- you told me that you went to the 3 you wanted to become a lawyer, is that right? 3 ceremony ~- 4 A No 4 A Amonth — 5 Q_ Okay. It was --it was -- | thought you said 5 Q_ = shortly after moving to Florida in 2003 for 6 itwas focused — 6 your bachelor's degree, was that -- 7 A Focused in-~ 7 A Well~ 8 — Q_ Maybe you didn't want to be a lawyer, but -- 8 Q_ ~Wwas that a ceremony for both your 9 A Ididn't know. 9 bachelor's and your master's? 10 Q ~ probably a good idea, right? 10 A Yes. 11 A Wasn't sure what | wanted to be. 11 Q_ Okay. So you only attended one graduation 12 Q Okay. 12 ceremony? 13 A_ But | knew that | wanted to do business here, 13 A_ Yes. I didn't went to the first one. Yes, 14 so | started classes in business. 14 correct. 15 Q_ Okay. But that was for your bachelor's 15 Q Okay. Fair enough. Did you -- did you have a 16 degree, correct? 16 job when you moved to -- in 2003 to Florida, or did you 17 A _Itwas also for the master, but | changed it 17 move to Florida looking for employment or looking for a 18. in the middle, you know. 18 work opportunity? 19 Q Okay. 19 A When | moved to Florida I didn't have a job, | 20. A With what — with whatever was easier for me 20 found a job maybe a couple of months after | came 21. back at the day. 21 Q Okay. I should have asked, did you -- were - 22. Q Okay. Well, you had mentioned before your 22. did you ever work in New York in the eight years that 23 bachelor’s degree from Fairleigh Dickinson University, 23 you were there prior to moving to Florida? 24 you have a-- a diploma at your house — 24 — A | worked for the university. 25 A Ub-hum. 25 Q For Fairleigh Dickinson University? UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.comAlima, Yariv 11-28-2016 22 24 1 A Yes. 1 A Whatever I could, anything, 2. Q What did you do for Fairleigh Dickinson 2 Q_ Was that part of what you did, you worked at 3. University? 3. the front desk and checked people out when they bought 4 A [had some -- some stuff that | got from one 4 leather goods? 5 of the offices there to help you pay your tuition. 5 A Part, yes. Some — sometimes | did that. 6 Q Okay. 6 Q Okay. What else did do you at Top Gunn 7 A Sothey got me some ~ | don't know, some work 7 Leather, outside of helping customers pay for their 8 here and there. 8 goods at the cash register? 9 Q@ Okay. Any other -- any other work, whether 9 A You know, sitting with him talking, ideas on 10 you were paid for the work or not, while living in New 10 how to expand the business. Whatever friends do. 11 York? 11 Q_ Okay. Did you unpack boxes of leather goods 12 A Yes. 12 and hang them in the store? 13 Q What else did you do in New York? 13 A_ Probably once or twice, yes 14 A_Ihelped a friend manage a leather store. 14 Q Okay. Would you open and close the store at 15 Q Whowas the friend that you helped manage a 15 times? 16 leather store for in New York? 168 A No 17 A Ayal 17 Q_No. That's -- that's something other 18 Q Canyou spell it? 18 employees did? 19 A AY-AL. 19 A Ub-hum. 20. Q Okay. What was ~ is that his first or his 20 Q@ Howwere you ~ yes? 21 last name? 21 A_I'm-- | wasn't an employee: but, yes, other 22 A His first 22 employees did 23 Q_ What's his last name? 23 Q Right. Well, you were -- | guess you didn't 24 A Hod, H-0-D. 24 have your green card yet, so you were compensated some 25 Q Doyouremember the name of the leather store 25 other way by your friend? 23 25 1 in New York ~ 1 A_Iwas compensated with a -- you know, with a 2 A Yes. 2 good friend that helped me spend my time in New York by 3 Q ~that you worked for? 3. myself, | had -- came there with no family, didn't know 4 A Yeah. 4. anybody, so he was my family back then. So we went to 5 Q What was that? 5. ski together, dinners, Shabbat, whatever. 6 A Top Gunn Leather. 6 Q Sowould he pay you cash when you worked -- 7 Q Spellit, please? 7 A No,he~ 8 A _T-O-P, G-U-N-N, Leather, I'm sure you know how 8 Q -for Top Gunn Leather? 9 to spell it, right? L-E-A-T-HE-R. 9 A ~didn't 10 Q Okay. What did you do for Top Gunn Leather, 10 @Q Howwould he compensate you? 11 what -- what was your job? 1 MR. PATRICOFF: Object to the form. 12 A_Itwasn'ta job, | just helped him. 12 MR. OLIVE: You can answer the question. 13 Q Okay. What was your role and responsibility 13, MR. PATRICOFF: Mischaracterizing his 14. in helping at Top Gunn Leather while you lived in New 14 testimony. 15 York? 15 BY MR. OLIVE: 16 A He had opened a store where he couldn't spend 16 Q How would he compensate you? 17 most of the time over there, so | helped him with the 17 MR. PATRICOFF: You can answer. 18 free time that | had from school; because | went to 18 THE WITNESS: He took me to the Nicks games 19 school every day, so for the ~- from the free time that 19 front row next to, what's his name? 20 | had, | was helping him at the store. 20 Let's see. | forgot his name, but he was very 21 Q Okay. What -- what type of work; were you 21 famous back then. 22 working the front desk, checking people out when they 22 BY MR. OLIVE: 23. would buy -- 23 Q Soit's your testimony that you never received 24 A Whatever - 24 any kind of cash or other compensation? Let me just 25 Q -leather goods, or ~ 25 start -- you never received any cash while working at UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.comAlima, Yariv 11-28-2016 26 28 1 Top Gunn Leather for work there? 1 partners had two specific roles, Gabriel was in charge 2 A No 2 of sales, and you were in charge of what, specifically? 3 Q Okay. So the last answer to, I think your 3 A Everything 4 question was, no, you never received any cash from Top 4 Q Everything else? 5 Gunn Leather for working at Top Gunn Leather, correct? 5 A Yeah. 6 A Correct. 6 Q Okay. Did you work that business every day? 7 Q Okay. Outside of doing a little work at 7 A When had time, yes. When | was not in 8 Fairleigh Dickinson University, and working at Top Gunn 8 school. 9 Leather, did you perform any other work -- 9 Q@ Doyou remember what ownership percentage 10. A Yes. 10 there was between you, at Duo International Trading, and 11. Q_ ~in— in New York? 11 Gabriel? 12 A_ Yes, | had my own company. 12 A 50/50. 13 Q_ Okay. Let's talk about your own company in 13 Q_ 50/50 partners. What type of entity was Duo 14 New York prior to moving to Florida. What was the name 14. International Trading, do you know; was it a 15. of that company, please? 15. corporation, a limited liability company, a partnership, 16 A _ It's Duo ~- Duo International Trading, D-U-E 16 did it - did it have an actual entity form, do you 17 International Trading, We had an office in New York and 17 know? 18 an office in Florida. 18 AI think itwas an S corp. 19 Q When you said you had the company Duo 19 Q What happened to Duo International Trading, 20 International Trading, does that mean you owned the 20 what -- why is it no longer in operation? 21 company -- 21 A September 11 got us pretty badly hit, and a 22° A Yes. 22. year after we closed it. 23 Q ~oryou worked for the company? 23 Q Okay. So you said at the time there was an 24 A_lowned the company. 24 office in Florida and an office in New York for Duo 25 Q Anddid you have partners at Duo International 25. International Trading, correct? ar 29 1 Trading? 1 A Correct. 2 A Yes, had one -- one partner. 2. Q Where in New York was the office? 3. Q Who-- well, do you -- do you still own Duo 3 A Queens. 4 International Trading? 4° Q Okay. And where in Florida? 5 A No 5) A In Miami 6 Q Who was your partner at Duo International 6 Q Would you travel down to the Miami office? Did 7 Trading when it was in operation when you lived in New 7 you have a specific office in Miami? 8 York between 1996 and 2003? 8 A Yes. 9 A His name is Gabriel, | don't remember his last 9 Q@ Anddid you have employees that worked for you 10 name. 10 in Miami? 11 Q Okay. What was the business of Duo 11. A Thadone 12. International Trading? 12 Q Okay. Who was that employee? 13 A__Itwas to bring fish and seafood from South 13 A _ I don't remember her name. 14. America to the states. 14 Q Okay. How did you meet Gabriel? 15 Q_Did it ever engage in that business, did it 15 A | met him in New York from mutual friends. 16 actually ~ 16 Q Okay. How long did you own and operate Duo 17 A Yes. 17 International Trading with Gabriel? 18 Q_ -bring fish and seafood from South America? 18 A Maybe three years. 19 A Yep. 19 Q Okay. And the business was not profitable, 20. Q What was your role at Duo International 20 ultimately, and you closed? 21 Trading? a MR. PATRICOFF: Object to the form. 22 A The owner. 22 THE WITNESS: Yes. 23 Q_ Okay. And what was Gabriel's role? 23. BY MR. OLIVE: 24 A. Sales, mainly. 24 Q Is that correct? 25 Q Okay. So at Duo International Trading the two 25 A Eventually, yes. UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.comAlima, Yariv 11-28-2016 30 32 1 @ Okay. How long -- during that three-year 1 Coast Wood Flooring? 2. period that you were doing everything for Duo 2. A Yes. 3. International Trading, how many hours a day were you 3. Q_ Okay. Is East Coast Wood Flooring still in 4 working at Duo International Trading, approximately? 4. operation today? 5 A Whenever | could 5 A No 6 Q@ Agood estimate? 6 Q Okay. When did that business fail? 7 A If lwasn't in school, | didn't have a ~ you 7 MR. SHTIVELMAN: Objection to the form. 8 know, any test that | need to study for, | was there all 8 BY MR. OLIVE: 9 day; if | had, maybe a couple hours a day. | can't tell 9 — Q_Did the business fail? 10 you exactly, it was too long ago. 10 A We closed it, so I guess it failed 11 Q Okay. Any other businesses while living in 11 Q_ Okay. When did the business fail? 12. New York that you had anything to do with besides Top 12 A_ I don'tremember exactly. 13. Gunn Leather, Duo International Trading, and working at 13 Q_ Some time before moving to Florida? 14. Fairleigh Dickinson University? 14 A Oh, yeah. 15 A Yes. 15 Q Okay. Do you remember how many days -- how 16 Q Tell me the other business or businesses that 16 many days a week you worked at East Coast Wood Flooring? 17. you had something to do with while living in New York, 17 A Whenever | could 18 starting between 1996 and before you moved to Florida in 18 Q Did you have an office, or was it something 419 20037 19 you would operate out of your residence? 20. A_ East Coast Wood Flooring 20 A Wehadan office. 21 Q Okay. East Coast Wood Flooring? 21 Q@ Okay. Any other businesses in New York that 22. A Ub-hum. 22. you started, or worked for, or owned while living in New 23 Q Is that a company that you owned, also? 23. York starting 19967 24 A Yes. 24 A No, that's it. 25 Q Is that a New York corporation? 25 Q@ Okay. So to summarize, you worked at 3 33 1 A Yes. 1 Fairleigh Dickinson University, Top Gunn Leather, you 2 @ Okay. What did East Coast Wood Flooring do? 2. owned and operated Duo International Trading and owned 3. A Wood flooring. 3. and operated East Coast Wood Flooring, correct? 4 — Q Installed, supplied, both? 4 A Correct. 5 A Installed, supply, sell, everything 5 Q And none of ~ none of -- none of the 6 Q Okay. Would you install the wood flooring? 6 businesses that you owned -- well, | guess Duo 7 A Sometimes, yes. 7 International Trading and East Coast Wood Flooring are 8 Q Okay. What - what partners did you have at 8 still in operation, correct? 9 East Coast Wood Flooring, if any? 9 A Correct. 10 A _ I didn't have partners. 10 Q By the way, did you have a partnership 11 Q Okay. So it was a business that you owned and 11 agreement with Gabriel at Duo International Trading? 12. operated yourself? 12 A No. 13 A Yes. 13 Q_Itwas just an oral agreement between you and 14 Q_ Okay. And it involved selling wood flooring 14. Gabriel? 15. products, and you would go to the office or the 15 A_ Oralagreement, the same that we had with this 16 residence and then install the wood flooring? 16 Atmos here. 17 A Give them estimates. Most of the time | used 17 Q_ Okay. What ~ why did you move to Florida? 18 subcontractors to do the work, to do the actual work. 18 A__| missed the weather, the good weather. 19 Q Okay. 19 Q@ Fairenough. Okay. So did you meet your wife 20 A And sometimes we did the work, also. 20 in Israel and New York, or in Florida ~ 21 Q@ Did you-- so you didn't have a partner; when a A IH 22. you say us, it was just you, right? 22. Q_ ~orsomewhere else? 23 A__No, it was another friend that worked with me, 23 A ~metherin New York, but we actually 24 but it wasn't a partner. 24. started dating, not that | understand what it has to do 25 Q Okay. So you were a 100 percent owner of East 25 with the case, but we started dating in Florida. UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.comAlima, Yariv 11-28-2016 34 36 1 @ Okay. Okay. Fair enough. 1 Q@ Okay. What was your first - was it an entry 2 What is I guess my question, outside of the 2 level position with Qpay, is that - is that a fair way 3 weather, did you move -- what did you first do once you 3 to classify it? 4 moved down, for the weather, from New York to Florida 4 A Notreally. 5 around 2003, | believe? Is that right, 5 Q Okay. 6 20037 6 A Istarted ~ 7 A Yes. 7 Q Tellme what your first position at Qpay was? 8 Q What did you first do by way of owning a 8 — A_ I don't remember the exact wording of the 9 business, working for a business, becoming employed bya | 9 itle, but | started a new division in Qpay, which was 10 business, what -- what did you first do when you first 10 the payment machines, and | was doing everything in that 11 moved to Florida by way of business or employment? 11. division, more or less. 12 A. The first job that | had in Florida was a 12. Q When-- when was this; when -- was that 2003, 13 company called Qpay. 13 or some time after that? 14 Q Could you spell it? 14 A Either end of 03, or beginning of 04, 15 A OP-AY. 15 something like that. It was few months after | came to 16 Q Okay. Was this after you received your green 16 Florida 17 card or before? 17 Q_ Okay. My question is -- and and | 18 A Thatwas before, and they actually paid for my 18 understand -- how -- you know what, how long were you at 19 legal to receive the green card. 19 Qpay as an employee? 20 Q Qpay was a sponsor for you ~ 20 A Almost ten years. 21 A Yes. 21 Q Tenyears. Okay. So! want to talk about 22 Q ~ for your green card? 22 those ten years. When you were first hired, I'm 23° A Exactly. 23 assuming your roles and responsibilities were different 24 Q Okay. And were -- did you -- were you hired 24 than ten years later when you had spent ten years there 25 by Qpay while you were still at Fairleigh Dickinson 25 doing whatever you were doing there, is that fair to 36 37 1 University? 1 say; you had a different role and responsibility day 2. A No 2. one, then you did ten years later, or did you always 3 Q Were you hired by Qpay when you still lived in 3. have the same roles and responsibilities at Qpay day 4 New York? 4. one, and ten years later before you left? 5 A No 5 A__ had more people under me, you know, as time 6 Q Okay. So the first time you came upon Qpay or 6 progressed, but | did mostly everything since day one. 7 learned of Qpay was when you moved to Florida? 7 Q Okay. Tell me ~ 8 A Correct. 8 — A_In that division, again. 9 Q Okay. Tell me what Qpay is? 9 Q_Inwhat-- 10 A_Its a payment processor company. 10 A_Itwas anew division of payment machines, 11 Q Okay. Can you be a little bit more specific? 11 Q Right. 12 A Yes. It's doing third party for cell phone 12 A Okay. Qpay did not have that division before 13. companies, it's doing all the processing, payment, 13 | start 14 collections, and then it transfer the money to the ~ to 14 Q Okay. So the payment machines component of 15 the third party. Let's say MetroPCS, it uses the app or 15 Qpay, that is what you were specifically hired to work 16 the program that Qpay has to collect the money, take 16 within? 17 some type of a fee, and give the money to the third 17 A Yes. 18 company 18 Q_ Okay. Who hired you at Qpay? 19 Q Okay. What was your role at Qpay when you 19 A _Itwas the owner and my cousin, who was also 20 were, is it fair to say, employed, your first job was as 20 employed at that company. 21 an employee? 21 Q Okay. What was the owner's name at the time 22. A Yes. 22 that you were hired at Qpay? 23 @ Okay. So when you moved to Florida you 23. A_ Ami Shashua. 24 obtained a job with Qpay right out of college, correct? 24 Q_ Spellit, please. 25° A Yeah 250 A AMA, S-H-A-S-HU-A, UNIVERSAL COURT REPORTING 877.291.3376 www.UCRinc.comAlima, Yariv 11-28-2016 38 40 1 Q = Okay. And your cousin who worked there at the 1 and make sure that everybody else is doing their job, 2 time that you were hired? 2 and more as a, you could call it a consultant, you know, 3 A Amit Alima. 3. somebody that's making sure that everything is fine. 4 Q Okay. Did Amit also work in the payment 4 Q Right. 5 machines division of Qpay when you were hired? 5 A _ But not actually doing the job. 6 A Yes. 6 Q Soif you had to estimate that in 2003 or "4 7 Q_ Do you remember what your starting salary was 7 when you started, you were working more than 40 hours a 8 at Qpay? Approximately, doesn't have to be exact. 8 week, and in 2014 ~- in May or June of 2014, at the end 9 A 60-50, 60. I don't remember. 9 of your job at Qpay, how many hours would you estimate a 10 Q 50, $60,000. And do you remember, by the time 10 week you were working? 11 that you left, ten years later, what your salary was? 11 A_ Most of the work that | did for Qpay at that 12° A 120. 12. time was work that | already brought to my previous 13 Q Okay. Did you ever have any ownership of 13. partners here under the company called Cesy. So | was 14 Qpay? 14 sitting at the Cesy office and managing the -- you know, 15 A No. 15. the projects that we had for Qpay. 16 Q_ Did your cousin have any ownership of Qpay, 16 Q Okay. But, to the best of your recollection, 17 Amit? 17 in 2014, at the end of Qpay -- when you were working at 18 A Yes, he did, but not in Qpay, in another 18 Qpay, and a salaried employee at Qpay, what is your best 19. branch that was called Qiosks. 19 estimate of how many hours you were working? You were 20 Q@ Kiosk, K-1-0-S-K? 20 working 40 or more in the beginning, approximately 21 A Q-L0-S-K-S, and then it was merged into Qpay. 21. towards the end, how many hours a week were you working 22 Q Okay. That particular division you never 22 for Qpay? 23 owned any portion of, or did you? 23 A_|-I don't know exactly, | can't estimate. 24 A No. 24 Much less. 25 Q_ Only Amit? 25 Q = Okay. More than 30 hours, less than 30 hours? 39 a 1 A Only Amit. 1 A Itvaries. 2 Q Okay. Are the time periods that we're talking 2 Q Sometimes 40, sometimes les