Imagens das páginas
PDF
ePub
[blocks in formation]
[blocks in formation]

Q.

I have lost track of where we are.

This was the first time that you, and

as far as you knew, Mr. Black had met with

Lincoln representatives, correct?

A. That's right. I had spoken on the phone with Mr. Pischbein once or twice prior to

this meeting.

Q. You have had lots of first meetings with institutions over the course of your

experience, correct?

A. When an enforcement attorney attends a meeting, it's generally intended to be the only meeting.

Q. okay.

We try to resolve the matter then.

Q. All I'm trying to get is an honest answer whether or not Mr. Black's conduct was

unusual in your view.

A. I found it to be very aggressive.

Whether it was unusual is probably a question of

style rather than anything else.

2. It's true, is it not, that he was

raising his voice, waving his arms, and going

STICKLEY & SCHUTZMAN, INC.

COURT REPORTERS

TELEPHONE 283-0438

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

5

6

7

8

Q. Again, on that 407 referral, that was

actually given to you when?

A. We made the decision in the office of
Enforcement to seek that authority in September

[blocks in formation]

19

20

21

22

23

24

Objection.

THE WITNESS: I don't recall making any

conclusions about inaccuracies.

Q. (BY MR. GALLAGHER) All right. As you

sit here today, do you know whether or not there
were in fact inaccuracies in that statement?

MR. MCALEER: Objection.

MR. MURPHY:

Objection; we are talking, you

25

223

haven't established a foundation, number one.

Number two, we are talking about, I think, a

STICKLEY & SCHUTZMAN, INC.
COURT REPORTERS

TELEPHONE 283-0435

N

[blocks in formation]
[blocks in formation]

A.

It was not a typical document, so there

wasn't really any nora.

2. Can you think of any other documents
that you have seen in your enforcement history
that don't tell the reader who the author is?
A. It's very common for us to get draft
exam reports, you know, one chunk of a report or

[blocks in formation]

17

Q. Is that what you understood this to be?

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

21

22

[ocr errors]

23

24

from the examination report, it was not presented

in the same format that an exam report would have

been

Q. I think you said you got two or three drafts before the final, to your memory?

[blocks in formation]

STICKLEY & SCHUTZMAN, INC.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

9

10

11

Was there a cover letter?

A. Not on any that I saw, no. I was

getting then secondhand through Steve

Bershkowitz.

Q. Were there any instructions that accompanied that statement of concern that you

are aware of?

[blocks in formation]

18

19

20

21

A. It was a preliminary draft of the

problems that the district was finding with

Lincoln Savings.

Q. One of the things that you are
concerned about from a confidentiality standpoint

is protecting the interests of the federal

insurer, correct?

[merged small][ocr errors]

-A. I don't believe I have ever looked at

[blocks in formation]

STICKLEY & SCHUTZMAN, INC.

145

[blocks in formation]
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

MR. MURPHY: I'm going to object to the

question.

She is not the author of the

regulations, nor to my knowledge did she have a

role in putting them together.

THE WITNESS: I believe they are designed to protect the agency itself, its exan, its confidentiality exam procedures; certainly second, the associations involved, and the individuals, either within or outside the institution, whose names are going to appear in

exam reports or subpoenas, or whatever else might be involved.

Q. (BY MR. GALLAGHER) Do you know when

[blocks in formation]

22

23

24

Q. And you operated under it for a long

time, right?

A. Yes.

Q. What did you do with the statement of concerns, which you understood to be the final draft of it? What did you then do with it?

1. Read it.

Q.

okay.

A.

Kept it in anticipation that the exan

25

STICKLEY & SCHUTZMAN, INC.

« AnteriorContinuar »