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 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 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 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. TELEPHONE 283-0435 N A. It was not a typical document, so there wasn't really any nora. 2. Can you think of any other documents 17 Q. Is that what you understood this to be? 21 22 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? STICKLEY & SCHUTZMAN, INC. 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? 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 is protecting the interests of the federal insurer, correct? -A. I don't believe I have ever looked at STICKLEY & SCHUTZMAN, INC. 145 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 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. |