Q. (BY MR. GALLAGHER) Can you not answer the question? A. I wouldn't know. Q. Did any participant in the meeting display any conduct that you found to be unusual for a meeting of that type? MR. MCALEER: Objection. MR. MURPHY: I'm going to object on the sane basis. Q. (BY MR. GALLAGHER) Can you answer 13 14 15 16 17 18 19 that? 20 21 22 23 24 25 A. My own personal opinion was that Mr. Q. How did that aggression display itself? Comments about what would happen if STICKLEY & SCHUTZMAN, INC. 5 6 7 this didn't get resolved in the manner that we were discussing. Threats, if you will1? MR. MCALEER: MR. MURPHY: Objection; that's not what the witness testified to. MR. GALLAGHER: I don't know. That's why I Objection. 9 10 11 12 13 MR. MURPHY: I am going to object to the form of the question. leading impermissibly. Q. (BY MR. GALLAGHER) What was the nature of these threats as you would describe them? A. Mr. Black told them that they could have some litigation on their doorstep, if it did not get resolved quickly and immediately in the manner that we were discussing. Q. Any other specific comments you recall having been made by Mr. Black in that meeting? A. He repeated more than one time what the agency would not tolerate by way of lack of cooperation. STICKLEY & SCHUTZMAN, INC. 1 2 3 DEPOSITION OF ROSEMARY STEWART VOL. I 141 Q. Did you view that as kind of an unusual 5 6 7 8 9 MR. MURPHY: I'm going to object to that. THE WITNESS: I had begun the meeting by describing what we thought was acceptable conduct. And my recollection is that Bill Black had come late to the meeting. So at the time, I 10 11 was not certain in my own mind, maybe he hadn't 12 13 14 15 16 17 18 19 20 started with a clear statement of what was expected of Lincoln in connection with that examination. Q. (BY MR. GALLAGHER) My question really is: Wasn't his conduct and his statements, weren't his statements a little unusual in your 15 years or so experience at a first meeting? MR. MURPHY: Object to the form of the 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I have lost track of where we are. Q. 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. Fischbein 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 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. 22 Whether it was unusual is probably a question of raising his voice, waving his arms, and going 142 Q. Again, on that 407 referral, that was Q. Now, did you find any information in the statement of concern when you reviewed it 5 6 7 8 9 10 11 12 A. that you found to be incorrect? MR. MCALEER: Objection. THE WITNESS: I don't recall making any conclusions about inaccuracies. 2. (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. 23 24 25 MR. MURPHY: Objection; we are talking, you haven't established a foundation, number one. STICKLEY & SCHUTZMAN, INC. TELEPHONE 283-0435 NETWORK REPORTING SYSTEM |