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DATE: April 5, 2022 TO: Yocelyn Galiano Gomez, ICMA-CM, LEED-GA Village Manager FROM: Paul Buckler, R.A. Building Official RE: Request for Reduction of Code Enforcement Fines John Keeler, 11201 SW 69 Avenue; Case No. BC 16-0015 PETITION REQUEST Mr. Alexander Borell, Esq., representing Mr. John Keeler, has submitted a request for reduction of fines and penalties that have accrued…
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DATE: April 5, 2022 TO: Yocelyn Galiano Gomez, ICMA-CM, LEED-GA Village Manager FROM: Paul Buckler, R.A. Building Official RE: Request for Reduction of Code Enforcement Fines John Keeler, 11201 SW 69 Avenue; Case No. BC 16-0015 PETITION REQUEST Mr. Alexander Borell, Esq., representing Mr. John Keeler, has submitted a request for reduction of fines and penalties that have accrued related to a previous code enforcement violation at his client’s property located at 11201 SW 69 Avenue. As of March 29, 2022, total outstanding code enforcement fines and penalties in the amount of $109,309.50 are due. A copy of Mr. Borell’s request is attached for the Village Council’s consideration. The Village of Pinecrest issued a “Stop Work” order to the property owner in December 2018 for interior remodeling work that was being undertaken without a required building permit. Following consideration of the matter by the Special Magistrate on March 4, 2019, Mr. Keeler was given 60 days to obtain a building permit for the interior remodeling work. Although Mr. Keeler subsequently applied for a building permit, he did not resolve all plan review comments and a permit for the remodeling was never issued. Pursuant to terms of the Special Magistrate’s Order, fines in the amount of $100 per day have since accrued. The subject property was recently sold, the former residence on site has since been demolished, and the property is now in compliance. Mr. Keeler has assumed responsibility for the outstanding Code Enforcement fine and is seeking a reduction in the amount owed. On behalf of his client, Mr. Borell is requesting that the Village accept $5,000 to resolve the matter. Pursuant to Division 2-150 of the Village’s Code of Ordinances, the Village Council has the authority to consider requested reductions in code enforcement penalties that exceed $100,000.00. A “Fine Calculation Worksheet” including relevant dates and a description of accrued costs and fines are attached. Village of Pinecrest Building and Planning Division FINE CALCULATION WORKSHEET As of: March 29, 2022 Building Case Number: BC16-0015 Property Owner Name: John R Keeler & Erika Boom Folio #: 20-5011-002-0060 Address of Violation: 11201 SW 69 Avenue Type of Violation: Working Without Required Permits Lien Filed: September 18, 2019 Stop Work Order Issued: December 26, 2018 Notice of Violation Issued: January 4, 2019 Special Master Hearing date: March 4, 2019 Date of Required compliance: May 3, 2019 Date of Compliance: March 9, 2022 Number of days in violation: 1033 Fine Amount Per Day: $100.00 Total Daily Fee: $103,300.00 Direct Costs: $331.12 Interest: $5,678.38 Total Fine Due: $109,309.50 Case Overview • Stop Work Order posted 12/26/2018 • Notice of Violation issued January 4, 2019 o Notice of Violation was mailed regular and certified mail to record of address listed on MDC Property Appraiser @ 11201 SW 69 Avenue o Certified mail 7013-2250-0000-4906-0423 was received 1/9/2019 • Notice to Appear issued on February 5, 2019 o Notice to Appear was mailed regular and Certified mail to record of address listed on MDC Property Appraiser @ 11201 SW 69 Avenue o Certified mail 7017-3380-0000-6165-4177 was received February 8, 2019 • Special Magistrate Hearing conducted on March 4, 2019. Property owner given 60 days to obtain required permit (interior renovation) – John Keeler attended the hearing. o Special Magistrate Order was mailed regular and certified mail to record of address listed on MDC Property Appraiser @ 11201 SW 69 Avenue. o Certified mail 7018-1830-0001-1270-1251 was returned unclaimed and certified mail 7018-1830-0001-1270-0186 was received May 13, 2019. • On April 30th, 2019 permit application submitted for review. o Passed Electrical o Passed Plumbing o Failed Building o Failed Mechanical o Plans were voided on January 20, 2020 due to lack of follow through. • The property came into compliance on March 9, 2022 by demolition of the property. Law Offices of Alexander E. Borell 319 Clematis Street, Suite 200, West Palm Beach, Florida 33401 ● 561-766-1452 alex@borelllaw.com ● www.BORELLLAW.com June 12, 2018 March 22, 2022 Office of the Village Manager Village of Pinecrest 12645 Pinecrest Parkway Pinecrest, Florida 33156 RE: 11201 SW 69th Avenue/ Meeting with the Special Magistry To Whom it May Concern, Please accept this letter as notice that I represent John Keeler and Erika Boom, the previous owners of the above subject property, and they have asked me to contact you in reference to the above subject matter. Pursuant to your request, the violation occurred when the property owner’s ex-wife was allowed to live in the property and began to make modifications to the interior of the house. The homeowner discovered what the ex-wife had done and felt compelled to report these actions so that no one could say he made those alterations or give her permission to do them. Once he reported that to the City, they sent notification to cure the violations. Their post-divorce litigation has been going since 2007, needless to say, those violations were not cured, a lien was placed on the property, and an assessment of well over $100,000 currently encumbers the property. The property owner recently sold the property, and the new owner obtained a demolition permit to demolish the entire property. Said demolition has been completed for over a week now, and the property owner wants to schedule a meeting to discuss the mitigation of those fines and penalties. Pursuant to the sale. Mr. Keeler assumed the responsibility to pay for any violations assessed to the property. We were told by City staff that once the property was demolished, the violation would be cured, and that the City would be willing to negotiate the reduction of the fees and penalties. My client would be willing to pay the sum of $5000.00 to resolve everything. Attached are documents relating to Mr. Keelers divorce and post litigation divorce. Please let me know if you need anything else from my office, and should you have any questions please feel to contact me personally on my cell at 786-586-5562. Respectfully, Alex Borell Alexander E. Borell (signed electronically for efficiency) Main Office 319 Clematis Street Suite 200 West Palm Beach, FL 33401 561.766.1452 Office Miami Lakes 7975 NW 154 Street Suite 480 Miami Lakes, FL 33016 305.514.0500 Office IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2 02 0-10058 FC 2 8 JOHN R. KEELER, an individual, and ERIKA BOOM, an individual, Plaintiffs/Counter-Defendants, vs. MARIA FERNANDA SUAREZ, an individual, Defendant/Counter-Plaintiff. _______________________________________/ SECOND AMENDED COMPLAINT FOR POSSESSION Comes now the Plaintiffs, JOHN R. KEELER and ERIKA BOOM, (“Plaintiffs”), by and through their undersigned counsel and hereby sues Defendants, MARIA FERNANDA SUAREZ (“SUAREZ”) and Dirk Lorenzen, Esq. (“LORENZEN”) (sometimes collectively referred to as “Defendants”), and all others in possession, for possession of property pursuant to §83.59, Florida Statutes, for Slander of Title and in support thereof states as follows: 1. This is an action against SUAREZ for possession of the residential real property located in Miami-Dade County, Florida, pursuant to §83.59, Florida Statutes. 2 . This is an action for damages against SUAREZ and LORENZEN, in excess of $30,000.00 and within the subject matter jurisdiction of this Court. 3. SUAREZ is a resident of Miami-Dade County and is otherwise sui juris. 4 . LORENZEN is an attorney, licensed to practice law in the State of Florida, is a resident of Miami-Dade County and is otherwise sui juris. At all times relevant, LORENZEN was counsel for SUAREZ in this action. Filing # 126135465 E-Filed 05/04/2021 02:25:23 PM John R. Keeler and Erika Boom vs. Maria Fernanda Suarez Second Amended Complaint for Possession Page 2 GENERAL ALLEGATIONS 5. Plaintiffs are the landlords and owners of the real property located at 112 01 S.W. 69th Avenue, Pinecrest, Florida, 33156 (the “Premises”). 6. SUAREZ has possession of said Premises pursuant to an agreement entered into on June 2 9, 2 015 between SUAREZ and Plaintiff, John R. Keeler (“Keeler”). Pursuant to the Agreement, Keeler agreed to provide SUAREZ with a home, rent free, except for the monthly payments of utilities, including electric, water, alarm and internet, which were to be paid by SUAREZ. A copy of the June 2 9, 2 015 Agreement is attached hereto as Exhibit “A”. 7. The Agreement was specifically contingent upon the following, “The former wife (SUAREZ) shall not cause any liens to be placed on the property (Premises)”. Further, “The Former Wife shall not cause any modifications or remodeling, inside or outside, without prior written consent from the former husband (Keeler)”. 8. On February 7, 2 02 0, Plaintiffs filed an action for possession against SUAREZ. In response to the action for possession, SUAREZ filed a counter-claim and by and through her attorney, LORENZEN, caused a Notice of Lis Pendens (the “ Lis Pendens”) to be improperly filed in the Public Records in and for Miami-Dade County, Florida. In fact, the Lis Pendens was actually signed by LORENZEN. The Lis Pendens is not based upon a recorded instrument or a lien under Part 1 of Chapter 713. A copy of the Lis Pendens is attached hereto as Exhibit “B”. John R. Keeler and Erika Boom vs. Maria Fernanda Suarez Second Amended Complaint for Possession Page 3 COUNT I - ACTION FOR POSSESSION 9. Plaintiffs reallege and reaver Paragraphs “1” through “8” as though fully set forth herein. 10. SUAREZ breached the terms of the Agreement by undertaking remodeling of the Premises which resulted in a lien on the Premises by the City of Pinecrest. 11. On December 2 7, 2 019, SUAREZ was provided with a Notice of Termination of the Agreement relating to the occupancy of the Premises. SUAREZ was provided with thirty (30) days notice to vacate the property. 12 . SUAREZ remains in possession of the Premises without permission of the Plaintiffs and thus is a holdover tenant. 13. Upon prevailing in this action, Plaintiffs are entitled to recover their reasonable attorney’s fees pursuant to §83.4 8, Florida Statutes. WHEREFORE, Plaintiffs, JOHN R. KEELER and ERIKA BOOM, demand judgment for possession of the Premises against Defendant, MARIA FERNANDA SUAREZ and ALL OTHERS IN POSSESSION, together with an award of reasonable attorney’s fee and costs, as set forth above and for any other relief this Court deems just and proper. COUNT II- SLANDER OF TITLE (Against SUAREZ and LORENZEN) 14 . Plaintiffs reallege and reaver Paragraphs “1” thorough “8” as though fully set forth herein. 15. The Lis Pendens is not based upon a recorded instrument or a lien under Part 1 of Chapter 713. The Lis Pendens contains false information regarding SUAREZ’ capacity to institute John R. Keeler and Erika Boom vs. Maria Fernanda Suarez Second Amended Complaint for Possession Page 4 a counterclaim on behalf of her special needs child, as the child is over the age of 18 and SUAREZ has never been legally appointed as the child’s guardian. 16. SUAREZ does not have an ownership or lien interest in the subject property. The filing of the Lis Pendens in the Public Records in and for Miami-Dade County, Florida constitutes a materially false attestation that the result of the counterclaim might specifically affect the subject property. 17. By filing the Lis Pendens in the official Public Records in and for Miami-Dade County, Florida, SUAREZ and LORENZEN have knowingly and intentionally communicated false statements to third parties which disparaged the Plaintiffs’ title and caused actual damages. 18. The Plaintiffs were prevented from listing the subject property for sale after advising their listing agent that the Lis Pendens was placed on the property, as the Lis Pendens operated as a cloud on the title of property, essentially rendering it unsellable. 19. The Plaintiffs were forced to allocate limited financial resources toward legal fees to remove the false and improper Lis Pendens from the subject property, resulting in the inability to fund a second mortgage on the subject property. The Plaintiffs’ resulting inability to pay the second mortgage caused the mortgage lender to move to foreclose on the subject property, which has led to continuing financial injury to the Plaintiffs. 2 0. On November 2 3, 2 02 0, the Lis Pendens was dissolved by Order of this Court; however, the foreclosure proceedings had already been instituted on the subject property, preventing the Plaintiffs from recovering the full equity in the property. 2 1. The improper filing of the Lis Pendens constituted a willful, malicious and intentional disparagement and slander of Plaintiffs’ title to the subject property. John R. Keeler and Erika Boom vs. Maria Fernanda Suarez Second Amended Complaint for Possession Page 5 2 2 . As a direct and proximate result of SUAREZ’ and LORENZEN’s wrongful filing of the Lis Pendens as outlined above, the Plaintiffs have suffered damages in excess of $2 50,000.00, including special damages and reasonable attorney’s fees incurred in defense of the action taken by these Defendants. WHEREFORE, Plaintiffs, JOHN R. KEELER and ERIKA BOOM, demand judgment for damages in excess of $30,000.00, plus costs, prejudgment and post-judgment interest, attorney’s fees and any other relief this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Second Amended Complaint has been forwarded via e-mail service, this 4 th day of MAY, 2 02 1, to: Dirk Lorenzen, Esq., Attorneys for Defendant, 150 Alhambra Circle, Suite 12 2 0, Coral Gables, Florida 33134 at eservice@lorenzenlaw.com and dirk@lorenzenlaw.com. KAHN & RESNIK, P.L. Attorneys for Plaintiffs 500 East Broward Boulevard Suite 1710 Fort Lauderdale, Florida 33394 Telephone: (954 ) 52 2 -4 12 9 Facsimile: (954 ) 736-3718 mresnik@kr-lawyer.com By:__s/Marcy S. Resnik_______________ MARCY S. RESNIK Florida Bar No. 766062 FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting data pursuant to
075, Florida Statutes. (See instructions for completion.) I. CASE STYLE IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA Case No.: _________________ Judge: ____________________ John R Keeler, Erika Boom Plaintiff vs. Maria F Suarez Defendant II. AMOUNT OF CLAIM Please indicate the estimated amount of the claim rounded to the nearest dollar $ III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x on both the main category and subcategory lines. ☐ Condominium ☐ Contracts and indebtedness ☐ Eminent domain ☐ Auto negligence ☐ Negligence – other ☐ Business governance ☐ Business torts ☐ Environmental/Toxic tort ☐ Third party indemnification ☐ Construction defect ☐ Mass tort ☐ Negligent security ☐ Nursing home negligence ☐ Premises liability – commercial ☐ Premises liability – residential ☐ Products liability ☐ Real Property/Mortgage foreclosure ☐ Commercial foreclosure ☐ Homestead residential foreclosure ☐ Non-homestead residential foreclosure ☐ Other real property actions ☐ Professional malpractice ☐ Malpractice – business ☐ Malpractice – medical ☐ Malpractice – other professional ☐ Other ☐ Antitrust/Trade Regulation ☐ Business Transaction ☐ Circuit Civil - Not Applicable ☐ Constitutional challenge-statute or ordinance ☐ Constitutional challenge-proposed amendment ☐ Corporate Trusts ☐ Discrimination-employment or other ☐ Insurance claims ☐ Intellectual property ☐ Libel/Slander ☐ Shareholder derivative action ☐ Securities litigation ☐ Trade secrets ☐ Trust litigation ☒ County Civil ☐ Small Claims up to $8,000 ☐ Civil ☐ Replevins ☒ Evictions ☐ Other civil (non-monetary) Filing # 102928488 E-Filed 02/07/2020 11:32:53 AM COMPLEX BUSINESS COURT This action is appropriate for assignment to Complex Business Court as delineated and mandated by the Administrative Order. Yes ☐ No ☒ IV. REMEDIES SOUGHT (check all that apply): ☐ Monetary; ☒ Non-monetary declaratory or injunctive relief; ☐ Punitive V. NUMBER OF CAUSES OF ACTION: (Specify) 1 VI. IS THIS CASE A CLASS ACTION LAWSUIT? ☐Yes ☒ No VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? ☒ No ☐ Yes – If “yes” list all related cases by name, case number and court: VIII. IS JURY TRIAL DEMANDED IN COMPLAINT? ☐ Yes ☒ No I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425. Signature: s/ Marcy S Resnik Attorney or party FL Bar No.: 766062 (Bar number, if attorney) Marcy S Resnik (Type or print name) Date: 02/07/2020 IN THE COUNTY COURT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.:_______________________________ JOHN R. KEELER, an individual, and ERIKA BOOM, an individual, Plaintiffs, vs. MARIA FERNANDA SUAREZ, an individual, Defendant. _______________________________________/ COMPLAINT FOR POSSESSION Comes now the Plaintiffs, JOHN R. KEELER and ERIKA BOOM, (“Plaintiffs”), by and through their undersigned counsel and hereby sues Defendant, MARIA FERNANDA SUAREZ (“Defendant”), and all others in possession, for possession of property pursuant to §83.59, Florida Statutes, and in support thereof states as follows: 1. This is an action against the Defendant for possession of the residential real property located in Miami-Dade County, Florida, pursuant to §83.59, Florida Statutes. 2. Plaintiffs are the landlords and owners of the real property located at 11201 S.W. 69th Avenue, Pinecrest, Florida, 33156 (the “Premises”). 3. Defendant has possession of said Premises pursuant to an agreement entered into on June 29, 2015 between the Defendant and Plaintiff, John R. Keeler (“Keeler”). Pursuant to the agreement, Keeler agreed to provide Defendant with a home, rent free, except for the monthly payments of utilities, including electric, water, alarm and internet, which were to be paid by Defendant. A copy of the June 29, 2015 Agreement is attached hereto as Exhibit “A”. Filing # 102928488 E-Filed 02/07/2020 11:32:53 AM John R. Keeler and Erika Boom vs. Maria Fernanda Suarez Complaint for Tenant Eviction Page 2 4. The Agreement was specifically contingent upon the following, “The former wife (the Defendant herein) shall not cause any liens to be placed on the property;” (Premises). Further, “The Former Wife shall not cause any modifications or remodeling, inside or outside, without prior written consent from the former husband;” (Keeler). 5. Defendant breached the terms of the Agreement by undertaking remodeling of the Premises which resulted in a lien on the Premises by the City of Pinecrest. 6. On December 27, 2019, Defendant was provided with a Notice of Termination of the Agreement relating to the occupancy of the Premises. Defendant was provided with thirty (30) days notice to vacate the property. 7. Defendant remains in possession of the Premises without permission of the Plaintiffs and thus is a holdover tenant. 8. Upon prevailing in this action, Plaintiffs are entitled to recover their reasonable attorney’s fees pursuant to §83.48, Fla. Stat. WHEREFORE, Plaintiffs, JOHN R. KEELER and ERIKA BOOM, demand judgment for possession of the Premises against Defendant, MARIA FERNANDA SUAREZ and ALL OTHERS IN POSSESSION, together with an award of reasonable attorney’s fee and costs, as set forth above and for any other relief this Court deems just and proper DATED this 7th day of FEBRUARY, 2020. John R. Keeler and Erika Boom vs. Maria Fernanda Suarez Complaint for Tenant Eviction Page 3 KAHN & RESNIK, P.L. Attorneys for Plaintiffs Suite 207 1815 Griffin Road Dania, Florida 33004 Telephone: (954) 522-4129 Facsimile: (954) 522-4523 mresnik@kr-lawyer.com By:__s/Marcy S. Resnik_______________ MARCY S. RESNIK Florida Bar No. 766062 EXHIBIT "A" PORTER, WALKER & ASSOCIATES, INC. 1 (Pages 1 to 4) IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA FAMILY DIVISION CASE NO. 07-29085 FC (28) IN RE: THE MARRIAGE OF ) ) MARIA FERNANDA KEELER, ) ) Petitioner/Wife, ) ) and ) ) JOHN R. KEELER, ) ) Respondent/Husband. ) ------------------------------X DEPOSITION OF MARIA FERNANDA KEELER (n/k/a MARIA SUAREZ) taken before Kerry Walker Porter, Court Reporter and Notary Public in and for the State of Florida at Large, at the Law Offices of Coffey Burlington, Penthouse 1 Suite, at 2601 South Bayshore Drive, Miami, Florida, on Wednesday, May 11, 2016, commencing at 11:35 a.m., pursuant to Re-Notice of Taking Deposition Duces Tecum. APPEARANCES: LORENZEN LAW, P.A. (BY MR. DIRK LORENZEN) 150 Alhambra Circle Suite 1220 Coral Gables, Florida 33134 On behalf of the Petitioner. [dirk@lorenzenlaw.com] COFFEY BURLINGTON, P.L. (BY MR. ALBERT G. CARUANA) Penthouse 1 2601 South Bayshore Drive Miami, Florida 33133 On behalf of the Respondent. [acaruana@coffeyburlington.com] I-N-D-E-X WITNESS DIRECT CROSS REDIRECT RECROSS MARIA FERNANDA KEELER/SUAREZ BY MR. CARUANA 4 168 BY MR. LORENZEN 153 -- E-X-H-I-B-I-T-S RESPONDENT'S FOR IDENTIFICATION PAGE No. 1 - Re-Notice of Taking Deposition Duces 4 Tecum of the Petitioner No. 2 - Civil Violation Notice with attached 12 photographs No. 3 - Document titled Lorenzen Law, P.A. 57 Retainer Agreement No. 4 - Settlement Agreement 64 No. 5 - Petitioner's Pleading 85 E-X-H-I-B-I-T-S - CONTINUED RESPONDENT'S FOR IDENTIFICATION PAGE No. 6 - Document titled Former Husband's 89 Objection (and Response) to Former Wife's Motion for Entry of a Partial Final Money Judgment and Former Husband's Motion to Deny or Defer Judgment Protect Marital Assets. No. 7 - Five-page letter dated 12/22/08 to 95 Andrew M. Leinoff from Franklin J. Siegel No. 8 - Composite, four documents 104 No. 9 - A document titled Calculation of Sums 108 due under Paragraph 3.14 of the Settlement Agreement Adopted and Ratified as an Order of the Court in the Final Judgment dated December 12, 2008 No. 10 - Composite, 36 pages, consisting of 111 copies of checks and deposit slips No. 11 - A document titled Former Wife's Notice 123 of Filing Financial Affidavit No. 12 - E-mail from Melissa Jacobs to Ricardo 133 Pines dated 5/8/15 No. 13 - An email exchange between Nanda Suarez 137 and John R. Keeler No. 14 - Two-page letter to Ricardo E. Pines 139 from Albert G. Caruana dated 8/6/2015, No. 15 - 2012 1040 for Maria F. Suarez 140 No. 16 - 2013 1040 for Maria F. Suarez 140 No. 17 - 2014 1040 for Maria F. Suarez 140 No. 18 - Composite, Document titled Request for 145 Production of Documents and the Response thereto Page 4 1 Thereupon, 2 MARIA FERNANDA KEELER (n/k/a MARIA SUAREZ) 3 having been first duly sworn, was examined and 4 testified as follows: 5 DIRECT EXAMINATION 6 BY MR. CARUANA: 7 Q Please state your name. 8 A Maria Fernanda Suarez. 9 Q And I take it you prefer to be addressed as 10 Ms. Suarez? 11 A Yes. 12 Q Of course. What is your address, ma'am? 13 A 11201 Southwest 69th Avenue, Miami, Florida, 14 33156. 15 Q Is that the home in Pinecrest? 16 A Yes. 17 Q And who lives there with you? 18 A John, Jr. and Sarah. 19 Q Did you bring any documents with you today? 20 A Yes, I do. 21 MR. CARUANA: What did you bring? 22 Miss Reporter, mark this as Exhibit 1. 23 (Thereupon, the Re-Notice of Taking 24 Deposition Duces Tecum of the Petitioner 25 was marked as Respondent's Exhibit No. 1 PORTER, WALKER & ASSOCIATES, INC. 2 (Pages 5 to 8) Page 5 1 for Identification.) 2 Q (BY MR. CARUANA) I'm going to show you 3 what our court reporter has marked as Exhibit 1 for 4 Identification. This is a copy of the Re-Notice of 5 your deposition. It's called Duces Tecum, and it 6 lists the documents that we requested that you bring 7 with you. 8 Would you please kindly look at that and tell 9 me if you've ever seen that before? 10 A Yes. 11 Q Looking at Exhibit A, paragraph one, did you 12 bring any bank statements? 13 A No. 14 Q Did you bring any federal tax returns? 15 A Yes. 16 Q Have you filed a tax return every year for 17 the past five years? 18 A Yes. 19 Q You brought your passport. 20 A Yes. 21 Q Did you bring your charge account statements? 22 A What is a charge account --- 23 Q A credit card. 24 A I don't have credit cards. 25 Q None? Did you bring the registration for Page 6 1 vehicles that you drive? 2 A I don't have any car. 3 Q You don't have the Porsche? 4 A No. 5 Q It was sold? 6 A Long time ago, yes. 7 Q Yes, but then you said it was repossessed 8 because you couldn't pay. 9 A What? 10 Q When you had it back after you sold it, you 11 stated that he didn't pay the money, so you repossessed 12 the car. 13 A I have no idea what you're talking about. 14 Q Okay. What car are you driving now? 15 A Mercedes Benz. 16 Q What model? 17 A GK-something. 18 Q Who pays for that car? 19 A I believe John Keeler. 20 Q Who pays for the automobile insurance, if 21 any? 22 A I believe John Keeler. 23 Q We know that you don't pay for those two 24 things. 25 A I don't. Page 7 1 Q Is there any provision, to your knowledge, in 2 your divorce agreement, that requires him to pay for a 3 car and car insurance for you? 4 MR. LORENZEN: Object to the form. You may 5 answer. 6 THE WITNESS: I don't remember that. 7 Q (BY MR. CARUANA) Do you know how much the 8 car payment is for the Mercedes that you drive? 9 A No. 10 Q Do you know how much the insurance is for -- 11 A No. 12 Q (Continuing) -- the Mercedes that you drive? 13 A No. 14 Q What year is it? 15 A No idea. 16 Q Is it an SUV? 17 A It's a small SUV. 18 Q Number six, documents reflecting travel for 19 the past three years. 20 A I don't have any documents, no. 21 Q Have you traveled? 22 A For the last three years? 23 Q Yes. 24 A Yes, I do. 25 Q To where? Page 8 1 A I went to Canada. 2 Q Is that all? 3 A Yes, that I remember. 4 Q No Europe? 5 A Yes, I went to Europe. 6 Q How many times? 7 A Once. 8 Q What countries did you visit in Europe? 9 A France and Spain. 10 Q What year did you make that trip? 11 A December 2013, so yes. 12 Q I'm not interested in any male companions, I 13 just want to know if any of your children accompanied 14 you on that trip? 15 A My three children. 16 Q John, Jr. --- 17 A Andrea and Sarah. 18 Q All went on that trip? 19 A Yes. 20 Q How about Canada, did the children also 21 travel -- 22 A Yes. Um-hmm. 23 Q (Continuing) -- to Canada? 24 It would be very good for the court reporter 25 if you allowed me to finish asking before you start PORTER, WALKER & ASSOCIATES, INC. 3 (Pages 9 to 12) Page 9 1 answering. 2 A Okay. 3 Q So we have what's called a clean record. 4 A Perfect. 5 Q Thank you. So were there any other trips 6 during that period of time? 7 A Not that I remember. 8 Q How about within the United States? 9 MR. LORENZEN: Object to the form. 10 Q (BY MR. CARUANA) Were there any trips 11 within the United States in the last three years? 12 A I went to Boston. 13 Q When? 14 A August 2015. 15 Q Did the children accompany you? 16 A Just Andrea. 17 Q Any other trips within the United States 18 during that -- 19 A Not that I remember at this time. 20 Q (Continuing) -- during that period? 21 No? Okay. 22 Q Number seven, the home at 11201 Southwest 23 69th Avenue in Pinecrest, Florida, did you cause any 24 renovations or repairs or remodeling to take place at 25 that location? Page 10 1 A No. 2 Q The City of Pinecrest issued a citation 3 claiming that you performed certain work there without 4 a permit. Are you aware of that? 5 MR. LORENZEN: Objection to form. 6 THE WITNESS: No. 7 MR. CARUANA: What's wrong with the form, 8 Dirk? 9 MR. LORENZEN: It says "you," that she's the 10 one who performed the work. That's why. There is no 11 foundation. 12 Q (BY MR. CARUANA) The City of Pinecrest 13 issued a violation that certain work was done within 14 that home without a permit. Are you aware of that 15 fact? 16 A I was told by John Keeler that they did that. 17 Q Did you investigate that at all? 18 A No. 19 Q Well, what work were they claiming was done 20 without a permit? Do you know? 21 A I didn't make any work at the house, and 22 that's exactly what you're asking me. And my answer is 23 no. 24 Q Do you understand you're under oath? 25 A Yes, I do. Page 11 1 Q Do you understand that perjury is a crime? 2 A Yes, I do. 3 Q Did you have occasion within the last two 4 years to purchase any materials for home remodeling, 5 repair, upgrades, any materials? 6 A No. 7 Q Did you have occasion within the past two 8 years to pay any material supplier or subcontractor -- 9 A No. 10 Q (Continuing) -- for any work at the Palmetto 11 home? 12 A No. 13 Q Are you an architect? 14 A Yes. 15 Q You have a degree as an architect? 16 A Not in this country. 17 Q In Venezuela? 18 A Yes. 19 Q Were you licensed as an architect in 20 Venezuela? 21 A Yes. 22 Q So you did not hire any general contractor, 23 subcontractor, or any type of home remodeling or home 24 repair person to do work at the Pinecrest home? 25 A No. Page 12 1 MR. CARUANA: Exhibit 2. 2 (Thereupon, the Civil Violation Notice with 3 attached photographs was marked as Respondent's 4 Exhibit No. 2 for Identification.) 5 MR. CARUANA: Ms. Suarez, please show that to 6 Mr. Lorenzen. 7 MR. LORENZEN: Do you have an extra copy for 8 me or not? 9 You do? Perfect. 10 Q (BY MR. CARUANA) Ms. Suarez, I show you 11 what's been marked as Exhibit 2. This purports to 12 be a photocopy of a Pinecrest January 14, 2016 Civil 13 Violation Notice for 11201 Southwest 69th Avenue, 14 Pinecrest, Florida, which alleges that on 1/7/2016, 15 there was a violation of the Building Code due to 16 remodeling of the kitchen and bathrooms without 17 obtaining a permit. 18 Are you familiar with this notice? 19 A No, never seen this before. 20 Q Has anyone told you that there was a notice 21 of violation? 22 A Mr. Keeler. 23 Q Did you believe him? 24 A I guess. 25 Q If you did not perform and did not cause PORTER, WALKER & ASSOCIATES, INC. 4 (Pages 13 to 16) Page 13 1 anyone else to perform or did not accept anyone's gift 2 in performing, if that were the case, any remodeling to 3 the kitchen and remodeling to the bathroom, do you have 4 any understanding why a violation would have been 5 issued? 6 MR. LORENZEN: Object to form. 7 THE WITNESS: I don't know what to answer 8 because you asked too many things together. Could you 9 ask one question by one question? 10 Q (BY MR. CARUANA) Sure. When Mr. Keeler 11 told you there was a violation, what did you say? 12 A I went to the City of Pinecrest. 13 Q What did they say to you? 14 A That is the first time that they say that the 15 own owner called and asked for inspection. 16 Q What? 17 A The City of Pinecrest told me that it's the 18 first time in their life that they see that the own 19 owner of the property is calling for inspection. 20 Q I have no idea what you're talking about. 21 Could you try to explain that a little better? 22 A Okay, Mr. Keeler --- 23 Q Just tell me what went on with you and the 24 City of Pinecrest. 25 Did they show you the violation? Page 14 1 A No, because that's not my property. I don't 2 have access to any of this. I don't. 3 Q It's not your property but you're living 4 there. 5 A That's the law, and they cannot provide 6 something for me --- 7 Q Excuse me. Please answer my question, 8 please, ma'am. 9 It is not your property, you just said, 10 correct? 11 A It is not my property. 12 Q But you are living there. 13 A I'm living there. 14 Q With your children. 15 A Yes. 16 Q And you are not paying the mortgage, are you? 17 A No. 18 Q Someone else is paying the mortgage costs for 19 you. 20 A Correct. 21 Q Who is that, do you know? 22 A I have no idea. 23 Q So you have no idea who is paying the 24 mortgage? You don't know if it's your former husband 25 or Dirk Lorenzen. Page 15 1 A I have no idea. 2 Q Is it Dirk Lorenzen paying your mortgage? 3 A You should ask him. 4 Q Well, I'm asking you. 5 A I have no idea. I already answered. 6 Q You know, this is not a game, ma'am. You are 7 under oath here. You know that Dirk Lorenzen is not 8 paying your mortgage, don't you? 9 MR. LORENZEN: Object to the form. 10 Q (BY MR. CARUANA) Don't you know that? 11 A I guess he's not. 12 Q And you know that Mr. and Mrs. John Keeler 13 are paying the mortgage, do you not? 14 MR. LORENZEN: Object to the form. 15 THE WITNESS: I don't know. 16 Q (BY MR. CARUANA) Is the mortgage being 17 paid? 18 A I have no idea. 19 Q Let me ask you this question: Who picked 20 this house? 21 A My children and I. 22 Q You picked the house with your children, 23 correct? 24 A One of the houses that we pick, yes. 25 Q You're living there, correct? Page 16 1 A Correct. 2 Q You're not paying the mortgage. Correct? 3 A No. 4 Q And you're testifying under oath that you 5 have no idea in the world, no inkling of a clue who is 6 paying the mortgage on your --- 7 MR. LORENZEN: Objection to form. 8 Mischaracterizes her testimony. 9 You may answer. 10 THE WITNESS: I have no idea who is paying 11 the house. 12 Q (BY MR. CARUANA) Have you investigated 13 that at all? 14 A No. 15 Q Have you investigated whether the mortgage is 16 current or not current? 17 A I have no idea to find out. 18 Q Have you received any notices to vacate the 19 property? 20 A Yes. 21 Q That was from Mr. Keeler? 22 A Yes. 23 Q Did you receive any notices from the lender 24 to vacate the property? 25 A Who is the lender? PORTER, WALKER & ASSOCIATES, INC. 5 (Pages 17 to 20) Page 17 1 Q You know, the mortgage company, whoever. 2 A No. 3 Q If you picked out the house, how much was the 4 purchase price? 5 A Close to a million dollars. 6 Q Okay. So as I understand it, your testimony 7 is that you're living in a million dollar house with 8 your children, that you have no idea who's paying the 9 mortgage. All you know is that you don't own it. Is 10 that correct? 11 A That is correct. 12 Q Now, did you have any discussions with Mr. 13 Keeler about your selecting this home? 14 MR. LORENZEN: Objection. Hold on one 15 second. I want to clarify to make sure this is not 16 within the scope of any mediation privilege, and I 17 don't want that to be waived by accident. 18 If any discussions you had were during 19 mediation, as part of the mediation that you had with 20 prior counsel, don't answer the question. 21 If it's a discussion you had with Mr. Keeler 22 outside of mediation, feel free to answer the question. 23 THE WITNESS: I don't understand what you're 24 saying. 25 MR. LORENZEN: I'm told that there was a Page 18 1 mediation process that was ongoing trying to settle 2 this case before I was hired. 3 THE WITNESS: Okay. 4 MR. LORENZEN: I don't want you to testify 5 about what was said during mediation -- during that 6 actual mediation session. 7 If you and your former husband had 8 discussions separate from that mediation, feel free to 9 answer. 10 THE WITNESS: Okay. 11 MR. CARUANA: Are you done coaching the 12 witness, Mr. Lorenzen? 13 MR. LORENZEN: I'm not coaching the witness, 14 I'm asserting the privilege, sir, with respect to 15 mediation. I'm preserving with my client --- It would 16 be a crime to disclose mediation discussions, Mr. 17 Caruana. 18 Q (BY MR. CARUANA) I did not ask you any 19 questions about what was said at a mediation, did I? 20 A Mr. Caruana, I don't even remember what we 21 discussed in mediation. 22 Q Would you answer my question? Have I asked 23 you any questions about what anyone said at a 24 mediation? 25 A I don't remember what happened during Page 19 1 mediation. 2 Q Are you on any medication? 3 A I was. 4 Q What? 5 A To sleep. 6 Q Ambien? 7 A No. 8 Q What is it? 9 A Don't remember the name. 10 Q Any other medication besides to sleep? 11 A No. 12 Q And you stopped taking the sleep medication? 13 A Yes. 14 Q Did it affect you in adverse ways? 15 A No. 16 Q Did it affect your memory at all? 17 A I don't think so. 18 Q Who is Elijio Cedaño? How do you say that? 19 A Cedaño. 20 Q Cedaño, thank you. Elijio -- 21 A Elijio. 22 Q Cedaño. 23 A Uh-huh. E-l-i-j-i-o. 24 Q C-e-d-a-n-o, with a tilde. 25 Who is that, ma'am? Page 20 1 A He's a friend of Mr. Keeler. 2 Q Who is Ricardo Pines? 3 A My ex-attorney. 4 Q Was Mr. Cedaño also a client of Mr. Pines? 5 A Yes. 6 Q And did you attend a mediation at Elijio 7 Cedaño's office with Mr. Pines and myself and Mr. 8 Keeler and Mr. Cedaño? 9 A Cedaño. Yes. 10 Q Cedaño. I apologize. 11 A Don't worry. 12 Q Did you attend that mediation? 13 A For me, that was more a meeting than a 14 mediation because Mr. Cedaño, he is not a mediator. We 15 have a meeting, yes. 16 Q Do you know whether the lawyers described it 17 between themselves as a mediation, you know, a letter 18 that said "We're going to a mediation"? Do you know 19 whether that occurred? 20 A We have a meeting, yes. 21 Q My question is, were you aware that your 22 attorney described that meeting as a mediation? 23 A Yes, I think that they called mediation. 24 Q I am not asking you any questions about what 25 was said at the mediation. Okay? Because Mr. Lorenzen PORTER, WALKER & ASSOCIATES, INC. 6 (Pages 21 to 24) Page 21 1 invoked mediation privilege. So I'm not going to ask 2 you what you said, what Mr. Cedaño said, what Mr. Pines 3 said or what Mr. Keeler said at that meeting or 4 mediation, just to be clear. All right? 5 A All right. 6 Q Did Mr. Keeler, sometime after this 7 mediation, offer to purchase that million dollar home 8 for you to live in at some point? 9 That's an awkward question. Let me do it 10 again. 11 After that mediation was finished, did there 12 come a time when Mr. Keeler offered to buy a home that 13 you and the children would live in? 14 MR. LORENZEN: Object to form. 15 THE WITNESS: My answer is too long and --- 16 Q (BY MR. CARUANA) Too what? 17 A To your question. 18 Q Your answer is what? I didn't understand. 19 A Is long, to your question. 20 Q Is long? 21 A Yes. 22 Q Well, could you work with me a little bit and 23 just try to answer, and then you always have the right 24 to explain your answers. 25 A Okay. Page 22 1 Q But I'm trying to just, what Mr. Lorenzen 2 said, lay a foundation. That's a legal word to ask the 3 necessary questions to get to the question I really 4 want to ask you. 5 So if you give me a long, long answer to 6 that, we're never going to -- we'll be here all day. 7 Now, you're free to do that if you want to 8 stay all day. I'll stay as long as you need to, but I 9 know you are interested in going home also. 10 So try to work with me a little and we'll get 11 this done. I know where I'm going, but you probably 12 don't. But you don't need to know. All you need to do 13 is answer the questions truthfully. Okay? 14 Do you understand that? 15 A Yes, but I don't know how to answer your 16 question because --- 17 Q Well, just tell the truth. Did there come a 18 time when Mr. Keeler offered to get this house that you 19 picked out, that cost a million dollars, for you and 20 the kids to live in? 21 MR. LORENZEN: Object to form. 22 MR. CARUANA: Okay, Dirk, what's the form 23 problem? 24 MR. LORENZEN: This time it's because you 25 said that she picked it, when she said earlier that the Page 23 1 children picked it out with her. 2 MR. CARUANA: You have to be kidding me. You 3 can't nit-pick this. She wants to go home. You're 4 going to make this a three-day affair with these really 5 silly objections. 6 "You" meaning the plural you. Does that 7 satisfy you? 8 Geez. Would you read it back? 9 (Thereupon, the requested portion of the 10 record was read back by the reporter.) 11 THE WITNESS: No. 12 Q (BY MR. CARUANA) He never offered to buy 13 that house so you could you live there; is that your 14 answer? 15 A That's why I need to answer another way. 16 Q Is your testimony no, he did not offer to buy 17 that house? 18 A He offered to the kids, not me. 19 Q So you didn't want that house. 20 A The kids and I liked the house. He offered 21 to buy the house to the kids, not to me. 22 Q So you don't live there, only the kids live 23 there. 24 A I live there with the kids. 25 Q How long have you been living there? Page 24 1 A Since August 2015. 2 Q So it will be one year in a couple months, 3 three months. 4 A Exactly. Uh-huh. Yes. 5 Q And during that entire year, you have made no 6 mortgage payments. 7 A No mortgage payments. 8 MR. LORENZEN: Asked and answered. 9 MR. CARUANA: It wasn't asked in the context 10 of a year, it was just asked generally. 11 Q (BY MR. CARUANA) So for that whole year 12 you didn't make any mortgage payments, did you? 13 A No mortgage payments. 14 Q And you did not put down any down deposit on 15 the million dollar house, did you? 16 A No. 17 Q Someone else did. 18 A Someone else did. 19 Q Do you have any idea who may have put the 20 deposit for you? 21 MR. LORENZEN: Objection to form. 22 THE WITNESS: No idea. 23 Q (BY MR. CARUANA) No idea. 24 A No. 25 Q It wasn't Mr. Keeler and his present wife? PORTER, WALKER & ASSOCIATES, INC. 7 (Pages 25 to 28) Page 25 1 A Maybe. 2 Q Well, if maybe they were the ones, why did 3 you say "no idea"? 4 Why didn't you say, "Well, it's my 5 understanding that Mr. Keeler arranged for that"? 6 MR. LORENZEN: Objection to form. 7 THE WITNESS: Should I answer? I don't know, 8 I'm not sure which one will be the right word when you 9 don't know. 10 Q (BY MR. CARUANA) The truth. Who do you 11 think put down the down payment? 12 A Should I guess, Mr. Caruana? 13 Q Sure. 14 MR. LORENZEN: Objection, speculation. 15 THE WITNESS: Should I guess? 16 Q (BY MR. CARUANA) Yes, if it's good faith, 17 yes. Sure, I'll take a guess. 18 Who do you guess made the down payment for 19 you? 20 MR. LORENZEN: Objection to form. You may 21 answer. 22 THE WITNESS: I have no idea. 23 MR. LORENZEN: You may guess. 24 THE WITNESS: I can guess. Probably Mr. 25 Keeler. Page 26 1 Q (BY MR. CARUANA) And that was something 2 that you had discussed with him, yes? 3 MR. LORENZEN: Object to the form. 4 Q (BY MR. CARUANA) That you and the kids 5 liked this house. 6 A Not with me. 7 Q So you had no discussions with him, either 8 orally or in writing, about this house. Is that your 9 testimony? 10 A He arranged everything with the kids, not 11 with me. 12 Q No e-mails, no discussion whatsoever between 13 you and Mr. Keeler about the acquisition of this house 14 for your benefit and that of the children. 15 MR. LORENZEN: Object to the form. 16 THE WITNESS: I asked for three houses. He 17 didn't buy it. When we have no house, the kids asked 18 him for a property, and they arranged everything 19 regarding this property in Pinecrest. This specific 20 property in Pinecrest. 21 Q (BY MR. CARUANA) Did the children 22 perform these renovations to the bathroom and the 23 kitchen? 24 A Yes. 25 Q The children did. You had no part of it. Page 27 1 A No. 2 Q You didn't select any materials --- 3 A I helped them. 4 Q Oh, you helped the children. 5 A I advised them, yes. 6 Q Now, John, Jr., what decisions did he make 7 about the repairs and the renovations? 8 A None. 9 Q So it wasn't all the children, was it? 10 A The girls. 11 Q Your daughters. Now, how old are all of your 12 children? 13 A This year they will be 21 --- 14 Q They will be 21? 15 A Today, they are 20, 18 and 13. 16 Q Who is 21? 17 A 20. 18 Q I'm so sorry. Who is 20? 19 A John, Jr. 20 Q Who is 18? 21 A Andrea. 22 Q And who is 13? 23 A Sarah. 24 Q So John, Jr., wasn't involved in selecting 25 materials or designing or performing any renovations, Page 28 1 was he? 2 A No. 3 Q So that would have left Sarah, who is 13, and 4 Andrea, who is 18, to do all this. 5 Who signed the contracts, if any, with the 6 subcontractors? 7 A I don't know. 8 Q Did you sign any? 9 A No. 10 Q Did Andrea sign any? 11 A Don't know. 12 Q Did Sarah sign any? 13 A I don't believe so. 14 Q Who performed the work at the Pinecrest home 15 in the bedroom and in the bathroom? 16 A You should ask the girls, not me. 17 Q No, I'm asking you. I don't want to take 18 their deposition and bother them and involve them in 19 this awful, awful case. 20 A I agree. 21 Q So I have to ask you. 22 A I don't know who they are. 23 Q You have no idea who -- they didn't consult 24 you or ask for your opinion? 25 A Yes, they did. PORTER, WALKER & ASSOCIATES, INC. 8 (Pages 29 to 32) Page 29 1 Q So who did they hire? 2 A Maria Venegas. 3 Q How much did they pay Maria Benitez (sic)? 4 A I don't know. 5 Q Where did they get the money to pay for these 6 renovations and whatever you want to call it, repairs, 7 renovations, upgrades, improvements? 8 I don't want to hear "objection" because I 9 didn't include every single adjective so -- is it an 10 adjective or a noun? 11 Who paid for this work to the Pinecrest home? 12 Who? 13 A I don't know. 14 Q Mr. Lorenzen? Did he pay for it? 15 A I don't think so. 16 Q So you know that Mr. Lorenzen didn't pay for 17 it. 18 Did you pay any of it from any funds that you 19 had? 20 A No. 21 Q You paid nothing toward these repairs and 22 renovations? 23 A No. 24 Q How much did they all cost? 25 A I don't know. Page 30 1 Q More or less than $40,000? 2 A I guess less. 3 Q More or less than $30,000 did these repairs 4 cost? 5 A I guess less than that. 6 Q Okay. So what do you guess they cost? 7 A Maybe 20. 8 Q $20,000. Did Sarah pay any of the $20,000? 9 A I don't know. 10 Q Did John pay any of the $20,000? 11 A Don't think so. 12 Q Did Andrea pay any of the $20,000? 13 A Don't know. 14 Q So your sworn testimony is you have no real 15 knowledge of how much these repairs cost; you guess it 16 was around $20,000. 17 A I cannot answer for something that I did not 18 pay. That's why I don't know. 19 Q Certainly you could answer if you knew, if 20 you consulted, if your children discussed it with you. 21 I have to say that I don't believe that your 22 daughter designed all these herself, used her own 23 independent funds to pay for all this. It's not 24 credible. No one is going to believe that, in my 25 opinion. Page 31 1 MR. LORENZEN: Mr. Caruana, your belief is 2 irrelevant to the question. 3 Q (BY MR. CARUANA) I understand. So I'm 4 having trouble with the statement that well, since I 5 didn't pay for it, I have no idea what it cost, 6 because you lived there, you're an architect. 7 You did a magnificent job. I understand this 8 is beautiful work. And to try to disavow any 9 involvement to me is not credible. 10 So I'm asking you again, do you know how 11 much, generally, the repairs cost? 12 A Do you want me to guess? 13 Q No, I want you to tell me what you know. 14 A You should ask the girls. They are the ones 15 that --- 16 Q All right, I'll take their deposition at your 17 insistence then, because if you want to involve them 18 with this kind of testimony, that's your decision to 19 make. 20 A I don't want them to be involved. 21 Q Of course you do. 22 MR. LORENZEN: Mr. Caruana, she has told you 23 repeatedly she does not know. You are not willing to 24 accept her answer. You are badgering the witness now; 25 you're threatening to take the children's depositions. Page 32 1 MR. CARUANA: I'm not threatening to do 2 anything. 3 MR. LORENZEN: If you want to take the 4 children's depositions, that's your choice. My client 5 can only testify as to what she knows and what she 6 doesn't know, and she has made it very clear what she 7 knows and what she doesn't know. 8 MR. CARUANA: I'm sorry, Dirk, I don't accept 9 what you say. For you to sit there in good faith and 10 tell me she doesn't know what these repairs cost, 11 you're not being honest with yourself, and you know it. 12 MR. LORENZEN: Mr. Caruana, you are no mind 13 reader and you don't know what the facts are. And for 14 you to make those comments is disingenuous at best. 15 MR. CARUANA: You're part of the problem, not 16 part of the solution. That's just too bad. 17 MR. LORENZEN: I disagree. I think it's just 18 the opposite. If your client wanted a resolution, he 19 would have paid what it is he's already been court 20 ordered to pay, or would be making a reasonable effort 21 towards it. 22 Q (BY MR. CARUANA) Who picked out the new 23 sink? 24 A The girls. 25 Q Did you have any involvement? PORTER, WALKER & ASSOCIATES, INC. 9 (Pages 33 to 36) Page 33 1 A I advised them, whatever they asked me. 2 Q And what did you advise them as to the cost? 3 How much did the sink cost? 4 A I didn't advise about any cost. I advised 5 about other things. 6 Q Did you ever learn what the cost was? Did 7 anybody ever tell you, "And by the way, Mommy, the sink 8 cost blank"? 9 A No. 10 Q How about the lighting, were there any 11 changes in the lighting? 12 A Not that I remember. 13 Q Well, look at the exhibit you have in front 14 of you, please, ma'am. 15 Let's go through each one. What is this 16 first photo? Do you know who took these pictures? 17 A The only person that has been at the house is 18 somebody from City of Pinecrest. 19 Q So they came in your house and did some 20 things? 21 A Yes, they did an inspection. 22 Q Did you agree and allow that or not? 23 A Of course, yes. 24 Q Did they ask permission or did they come in 25 with a paper that gave them the right to? Page 34 1 A They just took pictures. 2 Q They took pictures? 3 A Yes. 4 Q Were you present when these pictures were 5 taken? 6 A Yes. 7 Q The very first picture after the written 8 documents -- do you see what I'm referring to? You 9 have it open, the window. What is that a picture of, 10 generally? 11 First of all, is this the Pinecrest home that 12 you and the children are living in? 13 A Yes. 14 Q And is that the kitchen? 15 A Yes. 16 Q So what remodeling or refurbishing was done 17 in this room by the girls? 18 A The countertop. 19 Q And what kind of countertop is that that was 20 put in? 21 A It's a white countertop. 22 Q No, what material? Marble? 23 A No. 24 Q Granite? 25 A No. It's all white. Page 35 1 Q I got that it's white. Thank you. What kind 2 of material is it? 3 A Don't know what material it is. It's not 4 marble. 5 Q It's not granite. Is it formica? 6 A Don't know the material, but it's not marble, 7 it's not --- 8 Q Granite? 9 A It's not those. I know those. 10 Q Where did it come from, Italy? The material? 11 A I have no idea. 12 Q Who supplied the countertop? 13 A Don't know. 14 Q Do you know what it cost? 15 A No. 16 Q Do you know who paid for it? 17 A No. 18 Q All right. What else in this photo is part 19 of the refurbishing or remodeling or improvements, or 20 whatever word you want to use to describe the upgrades? 21 A The microwave and the oven. 22 Q All right. And what brand microwave is it? 23 A Kitchen Aide. 24 Q Kitchen Aide. What wattage? 1100? 700? 25 A I have no idea. Page 36 1 Q What kind of oven? 2 A It's electric. 3 Q Is it also Kitchen Aide? 4 A Yes. 5 Q These were bought new? 6 A Those are new. 7 Q And from whom were they purchased? Do you 8 know? 9 A No. 10 Q And do you know what the cost was -- 11 A No. 12 Q (Continuing) -- of the oven and the new 13 microwave? 14 A No. 15 Q Who installed the microwave and the oven? 16 A I think the same people from the kitchen. 17 Q Who was the kitchen installer? 18 A Maria Venegas. 19 Q Okay. You gave me her name before and I 20 thank you for that. Is there a company with which she 21 is associated? 22 A No. 23 Q Is she a friend of yours or just a total 24 business --- 25 A Both. PORTER, WALKER & ASSOCIATES, INC. 10 (Pages 37 to 40) Page 37 1 Q Both. What is the kind of business that she 2 does? Is she a designer? What do you call that --- 3 A Kitchen designer. 4 Q Do you know what her phone number is? 5 A 786-443-3425 --- I'm sorry, sir. 6 786-443-3424. 7 Q Thank you, Ms. Suarez. 8 Now, is this a person you had a prior 9 relationship with? 10 A She's my friend, yes. 11 Q So were you involved in recommending to your 12 daughters that you use this person for the remodeling? 13 A I gave them the phone number. 14 Q Did Miss Benitez (sic) give any estimates or 15 any predictions of what the cost would be for the 16 remodeling of the kitchen? 17 A I believe so. 18 Q And do you know what her estimate was? 19 A No. 20 Q Did you ever review the estimate? 21 A No. 22 Q And you, yourself, made no payments to Miss 23 Benitez (sic)? 24 A No. 25 Q Do you know where your daughter, Andrea, got Page 38 1 the money to pay for these renovations? 2 A No. 3 Q Was she employed at the time? 4 A No. 5 Q Was she attending college in Boston at the 6 time? 7 A No. 8 Q When were these remodelings performed, ma'am? 9 A August, I think, when we moved. 10 Q The first month you moved in? August 2015? 11 A I don't remember the date, but it was August 12 2015. Before the class start. 13 Q When was the remodeling completed? 14 A I think October. 15 Q October of 2015? 16 A October or September. 17 Q Thank you. Would that be 2015? 18 A Yes. 19 Q Okay. Now, when did Andrea go back to 20 school, if she did? 21 A She started the first week of September, I 22 believe. 23 Q And where did she attend school? 24 A Babson College. 25 Q And that is located where, Ms. Suarez? Page 39 1 A Massachusetts. 2 Q Now, does she live on campus when she's 3 attending school? 4 A Yes. 5 Q And when did she leave to go back to Babson? 6 Was it still in August or did she --- 7 A I believe it was at the end of August, 8 because she start the first week of September, I think. 9 Q Thank you. And when in August did Maria 10 Benitez (sic) make the proposal for the kitchen 11 renovations? 12 A I'm not sure about that. 13 Q Beginning, middle or end? 14 A I think was -- actually, that was before 15 August. 16 Q Before August. 17 A Yes. 18 Q When? 19 A Don't remember, but it was the date of the 20 inspection of the house. 21 Q You lost me. 22 A April or May. 23 Q She did the renovations before you moved in? 24 A No, you didn't ask for renovation. You asked 25 for when she saw the kitchen. That's what you asked Page 40 1 me. 2 Q Okay. Well, I've confused myself. I'm 3 sorry. 4 A You told me when was the first time that she 5 saw the kitchen. That's what you asked. 6 Q Okay. Thank you very much for answering. 7 What I'm trying to determine is, when did she 8 submit the estimate? 9 A I don't know. I just know that she saw the 10 kitchen on April 2015 or May 2015. 11 Q I'm not asking about that anymore. I'm 12 asking about the estimate -- 13 A Okay. I don't know. 14 Q (Continuing) -- the projection, whatever. 15 Was it after you had taken possession and moved in? 16 A No, before. 17 Q So she did a proposal for renovations before 18 you ever moved in? 19 A I guess she present a proposal before we 20 move. Because I know that she saw the property on 21 April or May 2015, the day of the inspection. 22 Q What other renovations was she involved in 23 besides the kitchen? 24 A Kitchen and bathroom. 25 Q So she was the one who oversaw all of the PORTER, WALKER & ASSOCIATES, INC. 11 (Pages 41 to 44) Page 41 1 renovations. 2 A Yes. 3 Q Was there a written agreement between her and 4 anyone for these renovations or was it verbal? 5 A I don't know. 6 Q But you, yourself, did not sign any agreement 7 of any kind -- 8 A No. 9 Q (Continuing) -- for these renovations. 10 A No. 11 Q Okay. What other things in this picture 12 taken by the City of Pinecrest are new? You said the 13 counter, the oven and the microwave; I presume the 14 sink. How about the fixtures? 15 A Those are the original. 16 Q The fixtures are the original. Is this a 17 stove top to the right, Ms. Suarez, or a mat? I can't 18 tell. 19 A It's a cooktop. 20 Q Cooktop? 21 A Yes. 22 Q Electric? 23 A Electric. 24 Q Was that new? 25 A Yes. Page 42 1 Q And who manufactures the cooktop? 2 A The same company. 3 Q Kitchen Aide? 4 A Kitchen Aide. 5 Q And what was the cost of the cooktop? 6 A I don't know. 7 Q I can't really see, but I think on the 8 left -- because these pictures are not very good 9 quality. I'm sure the City of Pinecrest has the 10 original color pictures, which I'll have to go get, but 11 is that a dishwasher, do you think, over on the left 12 side, just to the left of the sink on the perpendicular 13 cabinet? 14 A No, it's an ice maker. 15 Q Below the cabinet? You have a below-the- 16 cabinet icemaker? 17 A This (indicating)? 18 Q Yes. 19 A Icemaker. 20 Q Was that new -- 21 A No. 22 Q (Continuing -- or part of the renovations? 23 Were the cabinets new? 24 A Yes. 25 Q So what kind of material are the cabinets? Page 43 1 A I'm not sure about the material. 2 Q How much of the price did the cabinets, if 3 you know, consist of? 4 A No, I don't know. 5 Q Did you do any work to the electrical 6 outlets? 7 A No. 8 Q So the cabinets, the countertop, the sink, 9 the new stovetop, old icemaker, new oven, new microwave 10 --- Anything else in this photo that was part of the 11 renovations? 12 A No. Old dishwasher too. 13 Q You know, I can't see where the dishwasher 14 is. 15 A This (indicating). 16 Q Under the sink? 17 MR. LORENZEN: You can barely see it here, 18 Albert. 19 Q (BY MR. CARUANA) Okay, thank you. That's 20 the old dishwasher. 21 A Yes. 22 Q The next picture is really dark. All I see 23 is like a French door there. Was that a new door? 24 A No. 25 Q And do you know why they photographed this Page 44 1 area? 2 A That's the old freezer or refrigerator. 3 That's the original. 4 Q Is this the kitchen still? 5 A Yes. 6 Q Okay. So this is another view of the 7 kitchen, I guess. 8 MR. LORENZEN: I believe her pictures are 9 probably the best ones in the bunch. May I assist you? 10 MR. CARUANA: Of course, yes. 11 MR. LORENZEN: That one you can see --- 12 Q (BY MR. CARUANA) Oh, what a difference. 13 Okay. So I see an island. Was the island new? 14 A That's not an island. 15 Q What is it? 16 A No, it's just a piece of furniture. 17 Q Furniture? 18 A Yes, like a --- 19 Q Is it built in? 20 A No. 21 Q You can move that around? 22 A Um-hmm. 23 Q Is it like a table? 24 A Like a table. 25 Q Okay. And you're saying that this PORTER, WALKER & ASSOCIATES, INC. 12 (Pages 45 to 48) Page 45 1 refrigerator is the old one? 2 A Yes. 3 Q What's this over here to the left 4 (indicating)? 5 A The cooktop is on top, so that will be like 6 part of the previous picture. 7 Q Okay. This is the cooktop where my finger is 8 (indicating)? 9 A Yes. 10 Q And that door is the old door? 11 A Yes. 12 Q How about the wallcoverings or the floor, are 13 either of those new? 14 A The floor is new. 15 Q And what is that, marble or granite? 16 A What? 17 Q The floor. I can't see. 18 A No, it's -- how do you call that? Like that 19 (indicating). 20 Q Pointing to stainless steel? 21 A No. 22 Q Carpet? 23 A No, tiles. Tiles. 24 Q Tiles. Do you know who manufactured the 25 tile? Page 46 1 A No. 2 Q What color is the tile? 3 A Gray. 4 Q Okay. So new flooring. What about the 5 wallcoverings; were they repainted, or any kind of 6 material on the walls? 7 A Paint, yes. 8 Q Repainted? 9 A Repainted. 10 Q Were there any light fixtures as part of 11 the --- 12 A No, nothing new with the electric things. 13 Q Any other things in this photo that Mr. 14 Lorenzen was kind enough to point out as a better 15 quality one, that was new? 16 MR. LORENZEN: Give it back to her so she can 17 see it. 18 THE WITNESS: No. I mean, cooktop, original 19 door, as you mentioned, and the original refrigerator. 20 Q (BY MR. CARUANA) Okay. Next page, 21 please. Are those light fixtures new or old? 22 A One is new, the other one is old. 23 Q So before there was just one of those and 24 then you got a second one? 25 A Original --- Page 47 1 Q Or your daughters got a second one. Excuse 2 me. 3 A The original electricity point and they add 4 another one. 5 Q Was there any rewiring necessary to --- 6 A No. 7 Q They used the same wires for the other one? 8 A Yes. 9 Q Now, the artwork, was it new or old? 10 A The one on the right side? 11 Q Yes. 12 A Old. 13 Q Okay. The next picture, I believe, is 14 recessed lighting in the ceiling. Am I correct? 15 A Yes. 16 Q Was that new? 17 A Yes. 18 Q So there was lighting besides that one 19 fixture. You had recessed lighting put in the ceiling. 20 When I say you, I don't mean you, I mean your 21 family. How's that? 22 A Yes, they replaced four new lights. 23 Q And was any rewiring necessary to do that? 24 A I know that they did not touch the electric 25 part. Everything is original. I know that. Page 48 1 Q So you didn't have to have an electrician 2 come and put new wires or --- 3 A They did not touch any -- all the electric is 4 the original panel. Everything is the original. 5 Q What about the ceiling, any material or any 6 changes in the type of ceiling? 7 A They paint the ceiling. 8 Q The next photo is just the sink, right? 9 A Yes. 10 Q No, I'm sorry, that looks like a bathroom, 11 because I see a toilet. 12 A Yes, but it's a sink. 13 Q Right. So is the fixture new? 14 A Yes. 15 Q And the sink, is that new, and the cabinet, 16 is that new? 17 A Yes. 18 Q And the mirror? 19 A New. 20 Q And the toilet to the left? 21 A New. 22 Q And who makes the toilet? Kohler or --- 23 A Kohler, that company. 24 Q Is that one of the ones with the water jets? 25 Never mind. PORTER, WALKER & ASSOCIATES, INC. 13 (Pages 49 to 52) Page 49 1 A It's a regular toilet. 2 Q Okay. Never mind. 3 Was any flooring or wall covering added to 4 the bathroom or shower? 5 Oh, here we go, the next one. Is that a new 6 shower? 7 A Yes. 8 Q With the rain dance head and new lighting? 9 A Yes. 10 Q How about that -- what is that, the door of 11 the shower (indicating)? 12 A That's the door of the shower. 13 Q Were new shower doors put in? 14 A Yes. 15 MR. LORENZEN: It looks beautiful. The 16 shower doors look nice. I like the design. 17 MR. CARUANA: Everything is nice. It's a 18 great job. Beautiful. 19 Q (BY MR. CARUANA) Now, this next photo, is 20 that a different sink in the bathroom? 21 A That's another bathroom. 22 Q I didn't hear you. 23 A That's another bathroom. 24 Q Oh, you did two bathrooms, remodeled two 25 bathrooms? Page 50 1 A The two bathrooms. 2 Q Is the fixture in this bathroom new? 3 A Yes. 4 Q Is the countertop new? 5 A Yes. 6 Q Is the cabinet new? 7 A Yes. 8 Q Is the sink new? 9 A Yes. 10 Q Is the toilet new? 11 A Yes. 12 Q Is the shower new? 13 A Yes. 14 Q Is there a bathtub? 15 A No. 16 Q Was the shower retiled or refinished in any 17 way? 18 A Yes. 19 Q What kind of material? What kind of tiles? 20 A Tiles. 21 Q That's the new toilet, the next picture? 22 A Yes. 23 Q What is this photo of, under the sink? 24 A It's under the sink. 25 Q Is all that piping new? Page 51 1 A Yes. 2 Q Is there anything else in this photo that was 3 new besides the sink and the underneath part? 4 A There is only a sink. 5 MR. LORENZEN: Off the record. 6 (Discussion held off the record.) 7 Q (BY MR. CARUANA) Back on. Now, the final 8 photo, are those electrical fixtures? 9 A New lights. 10 Q But they're not hanging down like that, are 11 they? 12 A When they replace it, yes. 13 Q No, I mean when they're finished, they're 14 flush? 15 A No, they put it inside. 16 Q What room is that, Ms. Suarez? 17 A John, Jr.'s. 18 Q His bedroom? 19 A John, Jr.'s bedroom. 20 Q Were there any improvements to any rooms 21 besides the kitchen and bathrooms? 22 A Kitchen, two bathrooms, and three kids' 23 bedrooms. 24 Q What was done in the three children's 25 bedrooms? Page 52 1 A They paint. And closets. 2 Q New closets? Did you say closets? 3 A Closets. 4 Q And apparently in John, Jr.'s there were some 5 fixtures too? 6 A New lights. 7 Q Any other in the girls' rooms, any other new 8 lights or new furniture or new floor covers, 9 wallcoverings? 10 A They have new furniture, beds. 11 Q Custom furniture or not custom? 12 A Not custom. Two beds. 13 Q Were the floors changed? 14 A Yes. 15 Q What kind of floors were installed? 16 A Tiles. 17 Q Any change in the wallcoverings or the 18 ceiling material? 19 A Original lights, just paint. 20 Q Except for John's? 21 A Except for John. 22 Q Why did you not inform Mr. Keeler that 23 improvements were going to be done to the property? 24 MR. LORENZEN: Form. 25 Q (BY MR. CARUANA) Did you inform Mr. PORTER, WALKER & ASSOCIATES, INC. 14 (Pages 53 to 56) Page 53 1 Keeler before these improvements were done that 2 improvements were going to be done? 3 A No. 4 Q And why did you not inform him? 5 A Because I was not the person that was doing 6 it. Maybe the kids. I don't know if they talked to 7 their father about this. 8 Q Were you aware that these renovations were 9 being done? 10 A Yes, I was living there. 11 Q Had you previously agreed that there would 12 not be any remodeling or refurbishing or work done to 13 the house without notifying Mr. Keeler? 14 A Yes. 15 Q Do you know what the disposition was of the 16 violation by the City of Pinecrest? 17 A What is a disposition? 18 Q Is the case still pending? Did they --- 19 A I don't know. 20 Q Did they resolve it? 21 A They don't provide any information to me. 22 They only told me that Mr. Keeler is the one that 23 called and request an inspection, but they cannot give 24 me any more information. 25 Q You mean after the notice of violation was Page 54 1 issued there was an inspection, or was the inspection 2 before the violation was issued? 3 A I don't know. When was the violation? 4 Q You have it in front of you, Exhibit 1. 5 MR. LORENZEN: May I help her, Mr. Caruana? 6 MR. CARUANA: Sure. 7 MR. LORENZEN: Issue date (indicating). 8 THE WITNESS: January. Yes, I guess the 9 inspection was after this, after Mr. Keeler called the 10 City of Pinecrest. 11 Q (BY MR. CARUANA) No, that's not what I 12 asked you. I asked you whether the inspection took 13 place before or after the violation? 14 A Mr. Caruana, I don't remember the exact date 15 that the inspector went to the house. I don't remember 16 the date. But I'm guessing that violation comes first 17 and inspection after. 18 Q Well, that's what I would guess too, but I'm 19 just trying to determine the sequence from you, if you 20 know. 21 A I receive an e-mail from Mr. Keeler saying 22 that the City of Pinecrest call him for inspection. 23 Three days later -- no, that day I went to 24 the City of Pinecrest asking about this. They told me, 25 Mr. Keeler called to the City of Pinecrest, requesting Page 55 1 an inspection to the house. 2 A couple of days later they went to the 3 house, they took pictures, and that's it. I don't know 4 what came first, if the inspection or the ticket, 5 because is the first time that I see this ticket. I 6 receive another ticket, but is the first time me seeing 7 this. 8 Q What other ticket did you receive? 9 A This (indicating). It's about big trees or 10 big bushes at the house. 11 Q Did you provide this to Mr. Keeler? 12 A No, because I resolve. I cut the bushes; I 13 took pictures; went to the City, make sure that 14 everything was fine, and that's it. I'm not going to 15 bother him just to cut flowers and trees. 16 That's the only ticket that I receive or that 17 I'm aware of. 18 Q What you handed me just now is dated 19 1/7/2015. You didn't move in until August of 2015, 20 according to your testimony. So how could this be --- 21 A I received that ticket living in the house. 22 Q You see --- What is the date on the ticket? 23 A January 2015. 24 Q You moved in in August of 2015. Correct? 25 A No, but it -- the yellow ticket is wrong, but Page 56 1 look at the white ticket, is 2016. Is maybe they put 2 it wrong. 3 I was living there when I received that. 4 Q Okay. The second page of this does have the 5 date as 1/25/2016. 6 A Exactly. No, they made a mistake with the 7 year. 8 MR. CARUANA: All right, please keep this 9 with the other material that you produced, because I'm 10 going to get a copy and give all that back to you. 11 We're going to take a short break. I want 12 to show Ms. Suarez something. 13 (Thereupon, a brief recess was taken.) 14 Q (BY MR. CARUANA) Number eight, any permit 15 applications. There are none, I guess? 16 A No. 17 Q Number nine, notices from the City. You have 18 produced that. 19 A Yes. 20 Q And I thank you. Number ten, e-mails, 21 letters or other writings between you and Hendrik 22 Milne. 23 Let me stop right there before you say 24 anything. 25 Did you ever hire Hendrik Milne as your legal PORTER, WALKER & ASSOCIATES, INC. 15 (Pages 57 to 60) Page 57 1 counsel? 2 A No. 3 Q Are there any communications between you and 4 Hendrik G. Milne? 5 A No. 6 Q Did you pay any money to Hendrik G. Milne? 7 A No. 8 Q Did you pay any legal fees to Mr. Pines? 9 A No. 10 Q Did you pay any money to Elijio Cedaño? 11 A No. 12 Q Have you paid any money to Mr. Lorenzen? 13 A No. 14 MR. LORENZEN: Not yet. 15 MR. CARUANA: I have your fee agreement with 16 Mr. Lorenzen here, which the reporter is now going to 17 mark as Exhibit 3. 18 (Thereupon, the document titled Lorenzen Law, 19 P.A. Retainer Agreement was marked as Respondent's 20 Exhibit No. 3 for Identification.) 21 Q (BY MR. CARUANA) Ms. Suarez, would you 22 please look at Exhibit 3 for Identification and tell 23 me, are those your initials and did you sign that 24 contract? 25 A Yes. Page 58 1 Q Is that your fee agreement with Mr. Lorenzen? 2 A Yes. 3 Q Are there any other addendums or side 4 agreements or additional fees or understandings you 5 have with Mr. Lorenzen? 6 A No. 7 Q And is his professional fee based upon the 8 amount of time he spends? 9 A Yes. 10 Q And the costs that he incurs? 11 A Yes. 12 Q And is there any agreement you have with him 13 for any contingency; in other words, if he collects any 14 money on your behalf, he gets a percentage of what he 15 collects? 16 A No. 17 Q So Exhibit No. 3 is your total agreement with 18 him. 19 A Yes, that's the agreement. 20 Q There are no other agreements. 21 A No other agreement. 22 Q And this is strictly an hourly rate 23 relationship. 24 A Yes. 25 MR. LORENZEN: May I clarify one point? Page 59 1 MR. CARUANA: Yes, sure. 2 MR. LORENZEN: To be absolutely clear, all 3 expenses are passed through as-is, with the exception 4 of parking. Every time I pay for parking, I charge 5 $15, if it costs me $5, if it costs me $30. 6 Otherwise every expense that's passed 7 through is exactly the expense paid out of pocket. 8 Q (BY MR. CARUANA) Okay. Thank you, sir. 9 Have you received any bills from Mr. 10 Lorenzen? 11 A Yes. 12 Q Have you provided those? 13 A No. 14 Q How much do you owe him? 15 A Don't remember. 16 Q Have you paid any costs? 17 A No. 18 Q Number twelve, evidence of payment for 19 private investigators or forensic accountants from 20 January 2013 through the present. 21 Did you hire any private detectives? 22 A No. 23 Q And did you hire any forensic accountants? 24 A No. 25 Q Thirteen asks for your fee agreements with Page 60 1 Mr. Lorenzen, which you have -- somebody, I think Mr. 2 Lorenzen, provided Exhibit 3. 3 Do you have any -- you don't have any fee 4 agreement with Mr. Milne? 5 A No. 6 Q And what about a fee agreement with Mr. 7 Pines? 8 A I signed a contract -- no. No, I never 9 signed a contract. 10 Q No contract with Mr. Pines? 11 A No. 12 Q And no contract with Mr. Cedaño? 13 A He's not an attorney. 14 Q Correct. All right. Now I will do what Mr. 15 Lorenzen said and take a look at what you have produced 16 here today pursuant to that. Thank you, sir. 17 And quickly going through this, we have your 18 passport. 19 A Two passports. 20 Q United States passport and Venezuelan 21 passport. 22 A Yes. 23 Q We have the Code Compliance Notice of 24 Violation that we already talked about, erroneously 25 dated 1/7/15, that was probably issued 1/7/16 -- PORTER, WALKER & ASSOCIATES, INC. 16 (Pages 61 to 64) Page 61 1 A Um-hmm. 2 Q (Continuing) -- having to do with trimming 3 the back hedges, mowing the grass, et cetera, which you 4 said you took care of. 5 A Yes. 6 Q We have a Form 1879, E-file, 2013 return for 7 Maria F. Keeler; we have a Form 8879 for 2014 for Maria 8 F. Keeler; we have a Form 8879 for 2015 for Maria F. 9 Keeler. 10 I know you like Suarez, but I'm just reading 11 what's on this page. 12 A I'm still Keeler on taxes. 13 Q I'm just reading what's here. I'm not being 14 disrespectful and calling you a name that you don't 15 want to be called. 16 And then I have something from Advantage -- 17 excuse me A Advantage, dated February 12, 2016, which 18 is a decline of application for Maria F. Suarez. 19 And that consists of everything that you 20 brought here today, which I will go speak to Betsy 21 about copying so I can give it back to you. 22 A Perfect. 23 (Thereupon, a brief recess was taken.) 24 Q (BY MR. CARUANA) Ms. Suarez, Betsy is 25 making those copies so I can return those documents Page 62 1 to you, but I wanted to ask you about your U.S. 2 passport. Unfortunately I haven't made a copy yet. 3 I see Bogota a couple of times. Where is 4 Bogota? 5 A Colombia. 6 Q Did you go to Bogota? 7 A Yes. 8 Q Was that more than three years ago? 9 A I don't remember. But it should say that in 10 there. 11 Q Bogota, September, 2012. 12 A Yes, probably. 13 Q Did you go more than once to Bogota? 14 A No, just once. 15 MR. LORENZEN: I believe they stamp going in 16 and out. 17 MR. CARUANA: Oh, okay. 18 THE WITNESS: They what? 19 MR. LORENZEN: They stamp your passport entry 20 and leaving in Bogota. 21 THE WITNESS: Oh, yes. Venezuela is the 22 same. 23 Q (BY MR. CARUANA) And then we have Madrid 24 in 2014? 25 A That's the December that I told you. Page 63 1 Q Yes, you did. You certainly did. 2 And Bahamas 2013? 3 A Yes. 4 Q Was that a pleasure trip? 5 A Yes. 6 Q Did the children accompany you? 7 A No. 8 Maybe I should have reviewed my passport 9 before my answer, because maybe I don't remember any 10 other trip. 11 Q That's fine. This is refreshing you now. 12 A Perfect. 13 Q And I could understand that you might have 14 forgotten. No problem. 15 I can't tell this one. Maybe you could look 16 at that for me. Tell me what that one is. 17 A I know it's in Spanish. 18 Q Okay. If it doesn't refresh your memory --- 19 A Oh, that's Venez --- 20 Q We don't have to waste time. 21 A This is Venezuela. Here on the bottom it 22 says Maiquetia. This is the airport in Venezuela. 23 Q I see. Thank you. 24 MR. LORENZEN: For the record that is the 25 13th of May, 2012. Page 64 1 Q '12, Venezuela. 2 A Venezuela. Yes, because it's in Spanish. If 3 you see on the bottom, on the right side, Maiquetia. 4 That's the airport in Venezuela. 5 Q Thank you, Mrs. Suarez. 6 Do you still have relations in Venezuela, 7 family? 8 A Family, yes. 9 MR. CARUANA: Okay. Thank you very much. 10 Now, Mrs. Suarez, I would like to show you 11 your Settlement Agreement, which the reporter will 12 please mark as 4. 13 (Thereupon, the document titled Settlement 14 Agreement was marked as Respondent's Exhibit 15 No. 4 for Identification.) 16 Q (BY MR. CARUANA) I show you what has been 17 marked as Exhibit 4. 18 Can you identify this for the record, please? 19 A That's the Settlement Agreement. 20 Q Okay. And that contains your signature and 21 your initials, correct? 22 A Yes. 23 Q I'd like to direct your attention, if I may, 24 to child support. The second sentence says "The child 25 support shall be adjusted as each child has reached the PORTER, WALKER & ASSOCIATES, INC. 17 (Pages 65 to 68) Page 65 1 age of majority or, if still attending high school, 2 until the child graduates from high school or reaches 3 the age of 19, whichever first occurs." 4 Do you see that language? 5 A Yes. 6 Q Now, since the time of this agreement, two 7 children have attained the age of 18, correct? 8 A Correct. 9 Q And this agreement provides for $3500 a month 10 for the three children. Correct? 11 A Correct. 12 Q And you are not being paid all of the alimony 13 that you are entitled to under this agreement, nor have 14 you been paid the $4 million equitable distribution 15 payment that you're entitled to under this agreement, 16 and you have not been paid the interest -- all of the 17 interest that you are entitled to under this agreement. 18 Is that correct? 19 MR. LORENZEN: Object to the form. 20 THE WITNESS: Yes, that's correct. 21 MR. CARUANA: You object to the form? 22 MR. LORENZEN: Yes, only because the $4 23 million, that's a little over $4 million, so that was 24 the basis for my objection. 25 Q (BY MR. CARUANA) Okay. I have to do this Page 66 1 again. I'm trying to get you out of here, so I 2 sometimes ask a question that contains many parts 3 instead of doing it one at a time. 4 A I think it's better one at a time, because I 5 don't know then what to answer. 6 Q Very good. Then I'll do that. 7 Have you been paid all of the alimony that 8 this agreement requires? 9 A No. 10 Q Have you computed how much alimony that 11 you're entitled to that is in default? 12 A I guess I have some numbers some place that I 13 make calculations. 14 Q So you have made calculations. As you sit 15 here today, do you know the amount that is in default 16 on just the alimony? 17 A I don't have the exact money with me right 18 now. 19 Q Do you know the amount that is in default for 20 interest payments? 21 A I know there is money that needs to be paid, 22 but I don't have the amount. 23 Q Okay. And there is, later in this agreement, 24 a payment that you are entitled to for the shares of 25 John Keeler Co., Inc., your 250 shares, four point Page 67 1 something million, whatever it is, in the agreement. 2 A Four million. 3 Q Wherever it is. Has that been paid? 4 A No. 5 Q Now, are you claiming that the child support 6 is not current? 7 A That is correct. 8 Q It is not correct? 9 A It's not. 10 Q You receive 55 percent of Mr. Keeler's 11 salary. Correct? 12 MR. LORENZEN: Object to the form. 13 Q (BY MR. CARUANA) Okay. Strike the 14 question. 15 What do you receive from Mr. Keeler 16 presently? 17 A I receive two checks from Paycheck and one 18 check from John Keeler and Company. 19 Q And is that pursuant to a Court Order called 20 Income Deduction Order? 21 A Yes. 22 Q And the Income Deduction Order says a lot of 23 things, but it also says you're to receive 55 percent 24 of whatever John Keeler & Co., Inc. pays to Mr. Keeler. 25 Is that your recollection? Page 68 1 MR. LORENZEN: Object to the form. 2 THE WITNESS: That's part of what the Income 3 Deduction Order says. 4 Q (BY MR. CARUANA) There was an objection 5 as to form so I have to ask it again. 6 What is your understanding of what the IDO 7 says that you are to receive of Mr. Keeler's salary 8 from John Keeler & Co., Inc.? 9 A It is my understanding that the Income 10 Deduction Order, I should receive 55 percent of Mr. 11 Keeler's income, plus 55 percent of all benefits, 12 advance, interest paid, or some other things that I 13 don't remember. 14 Q In addition to whatever you receive under the 15 Income Deduction Order from his salary, do you also 16 receive 55 percent of the interest payments that John 17 Keeler & Co., Inc., make to Mr. Keeler? 18 A I don't think so. 19 Q For the record, I am returning herewith to 20 Mrs. Suarez all of the things she produced -- all of 21 the original documents that you brought -- take a 22 minute and check them if you like -- with the exception 23 of your U.S. passport, which is now being copied. 24 A Yes. Yes, everything except the American 25 passport. Thank you. PORTER, WALKER & ASSOCIATES, INC. 18 (Pages 69 to 72) Page 69 1 Q Thank you. Now paragraph 2.1 on the very 2 next page says "child support shall be recalculated as 3 each child is no longer a dependent." 4 Do you see that? 5 A Yes. 6 Q Now, have you recalculated the child support 7 since two of the children have reached the age of 18? 8 A Mr. Keeler never agreed to do that. 9 Q So is the answer no? 10 A The answer is no. 11 Q Okay. And then paragraph 2.2 speaks 12 specifically of John Keeler, Jr. Is he still in high 13 school? 14 A Yes. 15 Q But he's 20 years old. 16 A Yes. 17 Q Okay. And is there a Trust that exists for 18 the benefit of John, Jr.? 19 A Yes. 20 Q And is his schooling and other special needs 21 currently being paid for? 22 A I hope so. 23 Q Okay. Is it your understanding that they are 24 being paid for? 25 A They have been paid. I don't know if they're Page 70 1 current. 2 Q Understood. What school does he attend? 3 A The Learning Experience School. 4 Q And how much does that cost? 5 A It's about $1,600 per month, more or less. 6 Q And who is paying that? 7 A I believe the Trust is paying for that. 8 Q All right. And recently Junior has had some 9 health issues, including some serious heart arrythmia 10 issues. Is that correct? 11 A Yes. 12 Q And was Mr. Keeler there at the hospital with 13 you helping to deal with the health problem? 14 A Yes. 15 Q And are all the expenses being covered either 16 by insurance or by the Trust, to your knowledge? 17 A I know that we use the health insurance and 18 there is some co-payments pending. 19 Q Did you meet with Mr. Keeler after Junior was 20 17, to see if you could agree on the payment of his 21 expenses? 22 A He didn't want it. 23 Q But there has been no instance where there 24 has been an expense for John, Jr., either medically, or 25 educational, that has not been paid, has there? Page 71 1 A As of now, I think everything is paid. I 2 haven't received any notice from his school. 3 Q And generally speaking, and of course there 4 may be an exception here or there, but generally 5 speaking, when you've had any discussion with John 6 Keeler about John, Jr.'s expenses, you have not been 7 told that John Keeler refuses to pay, have you? 8 A Generally, no. 9 Q So you're able to at least speak to John 10 Keeler and work together for the benefit of John, Jr. 11 with regard to issues of his support. Is that a fair 12 statement or an unfair statement? 13 A We're talking about just money, right? 14 Q Yes. 15 A Yes. 16 Q Now, I take it you would like more help from 17 John Keeler regarding caring for Junior. Is that what 18 you were referring to? In your last qualification, it 19 seemed like you were --- 20 A No, I just want to make sure we were talking 21 about moneywise, not his care. 22 Q Okay. I'll leave it to money. 23 A Okay. 24 Q His care, you would like more help; is that 25 what you're saying? Page 72 1 A He needs more help. 2 Q But in terms of financial needs of John, Jr., 3 I'm trying to determine whether you feel they are 4 currently all being satisfactorily met or not. 5 A Yes. 6 Q Has the father also paid for uncovered 7 expenses for Junior, John, Jr.? 8 A What is uncovered expense? 9 Q Like if you have insurance and they have a 10 deductible and they don't pay a hundred percent, they 11 pay 90 percent, and then the parents have to pay the 12 other ten percent, has Mr. Keeler or the Trust always 13 stepped up to pay? 14 A Yes. For John, Jr., yes, he pays, the father 15 pays. 16 Q Now, I'd like you to please turn to 17 paragraph, on page nine, Mrs. Suarez, paragraph 3.14.3. 18 Would you take a minute and review that, 19 please. 20 A Which number? 21 Q 3.14.3. 22 Now, this paragraph talks about the $4 23 million payment. Would you read it to yourself. 24 A Yes. 25 Q Do you remember why the language, the PORTER, WALKER & ASSOCIATES, INC. 19 (Pages 73 to 76) Page 73 1 following language was included here: "Notwithstanding 2 the above, the principal for said first $4 million 3 shall be paid to the wife as cash flow or cash 4 availability under existing restrictions becomes 5 available from John Keeler & Co.," et cetera? 6 Why was that put in there; do you know? 7 A This is what I remember. I don't know if I'm 8 right or not. 9 Q Understood. 10 A There is a balance on the last page on the 11 equally distribution (sic), some remaining balance here 12 that's different. 13 Q You mean it says $4,082,896? 14 A Correct. So the 82,895 or 96 -- 15 Q Whatever. It's hard to read. 16 A (Continuing) -- they were considered in the 17 first four million, this payment, and then the rest of 18 the balance with no interest. 19 The 82,895 payment was or should be without 20 interest. That's what I remember. 21 Q All right. 22 A So they were considering the first four 23 million, that's the language, and then the rest of the 24 balance. 25 Q I think you're referring there to what's Page 74 1 written on page eight, in paragraph 3.14.1, midway down 2 it says -- see where it says "the balance"? 3 A Exactly. 4 Q "That balance of the equalization sum will be 5 paid with no interest in equal monthly installments 6 from the first day of the fifth year and for 36 7 consecutive months thereafter." 8 A That is correct. That's the amount that I'm 9 referring to. 10 Q That's what you were just really saying in 11 your answer, that no interest on the 82,000. 12 A Uh-huh. I never received that after the 13 first five years. 14 Q Do you believe Mr. Keeler has hidden money 15 that is not being disclosed? 16 A Yes. 17 Q And where do you think the hidden money is? 18 A I'm not sure. 19 Q And are you aware that Mr. Keeler has said 20 that if we were to resolve issues, it would be left 21 open that if any hidden money was ever found, you could 22 state how much of it you wanted, take all or any 23 portion thereof? Are you aware of that? 24 A Don't understand what you said. That if --- 25 Q Are you aware that Mr. Keeler has offered to Page 75 1 you that if there were a resolution to this case, and 2 you were worried about hidden money, he agrees that if 3 anytime in the future you were to discover hidden 4 money, you could state how much of it was to be paid to 5 you? Either all of it or what percentage, it would all 6 be yours. Are you aware of that? 7 A Well, with all my respect, that's a joke, if 8 he offered that. 9 I don't remember him offering me that, not at 10 least to me. But again, with all my respect, that's a 11 joke. 12 Q Why is that a joke? 13 A That is a joke because John Keeler has all 14 his money in a safe place. He's not going to put it in 15 a place where I can find it that easy. 16 Q Well, first of all, Swiss banks no longer are 17 secret, and now they just -- what did they just do, 18 something about eleven million pages of --- What is it, 19 Dirk? 20 MR. LORENZEN: If you're referring to the 21 Panama Papers --- 22 MR. CARUANA: Yes. 23 MR. LORENZEN: The Panama Papers is from a 24 law firm where they revealed the existence of certain 25 corporations, but it doesn't reveal the actual Page 76 1 underlying bank accounts and who the actual and 2 beneficial owners are necessarily. 3 Q (BY MR. CARUANA) In all the years since 4 the divorce, have you uncovered any evidence of 5 undisclosed bank accounts? 6 A I'm sorry? 7 Q In all the years since your divorce -- this 8 is not a new divorce. This divorce is 2008, right? 9 A Yes. 10 Q Now it's 2016, so for eight years you've had 11 how many different lawyers? Five, six? 12 Leinoff, Bass --- 13 A Leinoff --- 14 Q Paul Bass. 15 A He was not my attorney. 16 Q He certainly was. 17 A I took his advice as a corporation, but he 18 was not my attorney. 19 Q He entered an appearance in the Court file on 20 your behalf; he propounded interrogatories --- 21 A No, it was about the company. He was not my 22 attorney. My family I have, nine --- 23 Q Ms. Suarez, I don't want to argue with you, 24 but Paul Bass entered an appearance in the Court on 25 your behalf. He propounded over a hundred PORTER, WALKER & ASSOCIATES, INC. 20 (Pages 77 to 80) Page 77 1 interrogatories on your behalf. The Judge ordered them 2 be answered. 3 He was your attorney. I don't want to argue 4 with you, but that's the facts. 5 A I thought that you were asking me about 6 family attorney. Because I can get advice from any 7 other attorney --- 8 Q Who else? 9 A Leinoff, this lady, Pines -- but before 10 Pines --- 11 Q There were two ladies. 12 A There were two ladies. Leinoff, the two 13 ladies, Pines, and Dirk. 14 Q And Bass. 15 A Well, that was a corporate attorney, but yes, 16 okay, let's count Bass. 17 Q So let's just say six. Then how many 18 accountants did you hire over the years, or your 19 lawyers hired? Barry Mukamal -- 20 A With Leinoff. 21 Q (Continuing) -- Marc Breslow --- 22 A Well, that's the same company. 23 Q The lady hired --- 24 A Yes, she hired someone. 25 Q Do you remember Levy? Page 78 1 A Levy, that's it. 2 Q Prior to Mr. Lorenzen -- because I'm not 3 entitled to know what he has uncovered, okay, but prior 4 to Mr. Dirk Lorenzen, did you uncover any undisclosed 5 or secret monies anywhere in the world with those five 6 other attorneys and three accountants of Mr. Keeler? 7 MR. LORENZEN: Object to the form. 8 THE WITNESS: If I discover? 9 Q (BY MR. CARUANA) Yes. 10 A No. But I know exactly what John Keeler is 11 doing, because he told me in my face what he was doing. 12 Q What is he doing? 13 A He told me in my face, sitting next to me, 14 that he was keeping money outside of the country, that 15 he was using his father-in-law -- hold on -- 16 stepfather; he was paid everything on behalf of him, 17 and he told me "It would be very expensive for you to 18 prove that I'm keeping money outside of the country." 19 For everyone he's going to say that he's a 20 very -- when you give money to people --- 21 Q Generous? 22 A Exactly. That he is very generous, and he's 23 going to pay everything on my behalf. He told me that. 24 And when I talked to Alberto Zarranz, he 25 confirmed that to me. Page 79 1 Q Who is that? 2 A Alberto Zarranz is his stepfather. He 3 confirmed that to me. 4 He said yes, we were doing that. Now we 5 fight for money. I'm out of the picture, and John 6 Keeler is doing the same thing that he was doing with 7 me, with somebody else. I cannot tell you who's that 8 person. 9 I know, Mr. Caruana, what John Keeler is 10 doing. But you know what? He was right on something. 11 It is very expensive to find out how he's doing that. 12 Q So then you would want to see him go to jail, 13 because you believe he is hiding money and he is being 14 dishonest and not paying you. Therefore, you think he 15 should go to prison. 16 MR. LORENZEN: Object to form. 17 THE WITNESS: I just want my ex-husband and 18 my ex-partner, business partner, to comply with the 19 Marital Settlement Agreement. 20 Any consequences that John Keeler will have 21 in this country or any other place, that will be 22 because of his action, not mine. 23 Q (BY MR. CARUANA) So you don't have a 24 problem of any kind with him being imprisoned in 25 this case. Page 80 1 A I'm not the one determinating (sic) that. 2 Q Yes, you are. You're the one asking for it, 3 so I'm entitled to ask you if that's what you want. 4 A If he did something bad, if that's the 5 consequences, it's not in my hands. 6 Q So your position is he's hiding money. 7 A He told me that. That's not my position. He 8 disclosed that information to me. 9 Q So having been given all this information 10 from all these people, why haven't you been able to 11 uncover the secret money? 12 A Because he was right on something. It's very 13 expensive to prove that. And if I cannot even pay the 14 attorney that is trying to help my kids and me, how 15 come I'm going to hire a forensic accountant? 16 Q Well, I didn't ask you anything about a 17 forensic accountant. I'm asking you this: What 18 benefit is it to you if he is incarcerated? 19 MR. LORENZEN: Object to the form. 20 Q (BY MR. CARUANA) How do you benefit from 21 that? 22 MR. LORENZEN: Same objection. 23 THE WITNESS: Again, it's not in my hands 24 that Mr. Keeler will go to jail. I don't have the 25 power to put no one in jail. PORTER, WALKER & ASSOCIATES, INC. 21 (Pages 81 to 84) Page 81 1 Q (BY MR. CARUANA) You certainly do. You 2 asked for it. 3 Are you aware that you're asking for that? I 4 have your motion here. Do you want to see it? 5 A Yes, I'm aware. 6 Q You are aware. 7 A You don't need to show me that. 8 Q So you are asking criminal and civil 9 contempt. Are you aware of that? 10 A Yes. 11 Q Now, if he does not have money hidden 12 anywhere, as you believe, you still think he should go 13 to jail? 14 A Well, first of all, don't use the word 15 believe, because if John Keeler told me what he was 16 doing, this is not a "believe" situation. This is a 17 reality. 18 Q Okay. 19 A This is a reality, so don't put the word 20 believe. Because I know exactly what he's doing. 21 Q So knowing what he's doing, you still haven't 22 been able to prove it. 23 A I need a lot of money to do that. 24 Q How much have you spent already on legal fees 25 for the whole case? Page 82 1 A A lot, but --- 2 Q No, I want to know. More than a million? 3 Five lawyers, three accountants --- 4 A Both of us or just me? 5 Q Just you. Five lawyers, three accountants, a 6 million dollars in legal fees, and you still have not 7 uncovered -- and you think Dirk Lorenzen is going to 8 mysteriously uncover these secret accounts. 9 Is that it? 10 MR. LORENZEN: Object to the form. 11 THE WITNESS: We'll see, Mr. Caruana. 12 Q (BY MR. CARUANA) We will see. And if at 13 the end of the day none are uncovered, do you think 14 then you should have to pay Mr. Keeler's legal fees? 15 MR. LORENZEN: Objection to form. Calls for 16 a legal conclusion. 17 THE WITNESS: I just know that I do have a 18 Marital Settlement Agreement that said that if I need 19 to enforce this document, he's the one responsible for 20 legal fees. So I'm going to follow the marital 21 Settlement Agreement. 22 Q (BY MR. CARUANA) Even if he can't pay it. 23 A That's what he's saying, that he can't pay. 24 I know that he can pay. 25 Q You know that he can pay. Page 83 1 A He told me that he hided (sic) money. 2 Q And when did the conversation take place? 3 A Don't remember. 4 Q Where did it take place? 5 A At the house. At the Gables by the Sea 6 house. 7 Q In what decade? 8 What decade was it? 9 A What do you mean "decade"? What is that? 10 Q Was it 2010? 2010 to 2016? 11 A I don't remember which --- 12 Q Was it in the 1900's or the 2000's? 13 A I think the 2000's. 14 MR. LORENZEN: Objection argumentative. 15 MR. CARUANA: No, I'm pinning down a date. 16 MR. LORENZEN: 1900's? I mean that seems a 17 little bit ridiculous. 18 Q (BY MR. CARUANA) 1998. When did they get 19 married? 20 Were you married at the time? 21 A Yes. 22 Q Were you in a divorce case at the time? 23 A We were already in the divorce case. 24 Q So you're saying after the divorce case was 25 filed, Mr. Keeler came to you and admitted to you that Page 84 1 he had money hidden somewhere and that it would be very 2 costly for you to find it. 3 A That is correct. 4 Q And you're basing all of this on that 5 conversation. 6 MR. LORENZEN: Object to the form. 7 THE WITNESS: Not only basing on what he told 8 me, based on many, many things. 9 Q (BY MR. CARUANA) And armed with all that 10 information, you still have not uncovered five 11 cents; is that right. 12 MR. LORENZEN: Object to the form. Assumes 13 facts not in evidence. 14 Q (BY MR. CARUANA) You haven't discovered 15 any hidden ten cents anywhere; not a dime, not a 16 quarter, not a dollar. 17 MR. LORENZEN: Object to the form. Assumes 18 facts not in evidence; in fact, contrary to the facts. 19 MR. CARUANA: What, are you coaching her now? 20 MR. LORENZEN: No. 21 MR. CARUANA: All you have to say is "Object 22 to the form," that's it. 23 MR. LORENZEN: Okay. 24 Q (BY MR. CARUANA) So have you found any 25 hidden money? PORTER, WALKER & ASSOCIATES, INC. 22 (Pages 85 to 88) Page 85 1 A Not yet. 2 Q Not yet, and this is 2016. So that's eight 3 years. The search has been ongoing for eight years and 4 you have found nothing. 5 MR. LORENZEN: Objection to form. You're 6 arguing with the witness. 7 Q (BY MR. CARUANA) Am I arguing with you? 8 MR. LORENZEN: There is not a question. 9 Q (BY MR. CARUANA) Have you found anything 10 in the eight years that you've been litigating to 11 indicate that there are undisclosed, secreted funds 12 available to Mr. Keeler that he has not reported to 13 the Court? 14 A I already respond that, and I said not yet. 15 Q I am returning your original passport. 16 A Thank you. 17 Q No, thank you. 18 (Thereupon, the Petitioner's pleading was 19 marked as Respondent's Exhibit No. 5 for 20 Identification.) 21 Q (BY MR. CARUANA) I show you Exhibit 5. 22 Can you tell us what that is? 23 MR. LORENZEN: Do you have a copy? 24 MR. CARUANA: It's your pleading, Dirk. 25 Ma'am you need to put your cell phone away. Page 86 1 MR. LORENZEN: She has a child that's ill. 2 She is entitled to that. 3 MR. CARUANA: You don't know that that was a 4 child-who-was-ill message, Dirk. 5 Q (BY MR. CARUANA) What is Exhibit 5? 6 A Motion for an Order holding John Keeler in 7 Civil Contempt and for an Order to Show Cause why they 8 should not be held in Criminal Contempt and Motion to 9 hold John Keeler & Co. in Civil Contempt, and Motion 10 for an Order to Show Cause why the Court should not 11 hold any employees or agents of John Keeler & Company 12 P.A., that willfully violated the Income Deduction 13 Order in Criminal Contempt. 14 Q It's not only Mr. Keeler you would like to 15 put in jail, but also employees of John Keeler & Co.? 16 Is that correct? 17 A Yes. 18 Q Now, if he goes to jail or if you are 19 successful in obtaining a judgment and the lender takes 20 away the loan, what do you think will happen to your 55 21 percent of his income that he's receiving? 22 MR. LORENZEN: Objection to form; foundation. 23 You may answer. 24 THE WITNESS: I don't know what it could 25 happen. I'm not sure. Page 87 1 Q (BY MR. CARUANA) What happens if John 2 Keeler & Co. loses its financing with the bank? 3 MR. LORENZEN: Object to the form; 4 foundation. 5 You may answer. 6 THE WITNESS: I'm not sure about the 7 consequences. 8 Q (BY MR. CARUANA) Well, what do you 9 understand the consequences -- I mean, you've --- 10 A Maybe they should close the company. 11 Q And what happens if the company is closed? 12 A It's closed. 13 Q You think that would be in your and the 14 children's best interests? 15 A I don't think it's a good interest for 16 anyone. 17 Q You contacted the lender and made complaints 18 about Mr. Keeler's behavior. 19 A Who is the lender? 20 Q I'm sorry, let me ask you that question. 21 Did you ever write a letter to the bank that 22 lent money to John Keeler & Co. complaining about John 23 Keeler & Co.'s behavior or the bank's behavior? 24 MR. LORENZEN: Objection to form. 25 THE WITNESS: No. I don't even --- The Page 88 1 people is in Alabama. 2 Q (BY MR. CARUANA) So you never wrote such 3 a letter. 4 A No. All Star Bank (phonetic), something like 5 that? No. 6 Q I didn't say ArrowStar, I said any lender 7 that lent money to John Keeler & Co. 8 A Oh, you're referring U.S. Century Bank? 9 Q Yes, I'm referring to any bank. Did you ever 10 write to any of the lenders who lent money to John 11 Keeler & Co. complaining? 12 A I know where you're coming from. 13 I reply an e-mail that I receive from U.S. 14 Century Bank, from the Trust, not from John Keeler & 15 Company. Yes, I did reply an e-mail. 16 Q You replied to an e-mail. And what did you 17 say? 18 A U.S. Century Bank contact me asking me for a 19 financial statement or any other documents regarding 20 the kids' Trust. That's what they were asking for. 21 Q And what did you tell them? 22 A I told them what I think. I told them that 23 when Mr. Keeler -- I told them that both of us are 24 Trustee, equally Trustee, and when Mr. Keeler as 25 Trustee wanted to take millions of dollars out of the PORTER, WALKER & ASSOCIATES, INC. 23 (Pages 89 to 92) Page 89 1 Trust, nobody contact me, nobody ask for my approve, 2 nobody not even let me know, and they let him to take 3 money out of the kids' Trust. Now that they need 4 documentation, they do need information from me. 5 That's what I said. Or something like that. 6 That's what I said. 7 (Thereupon, the document titled Former 8 Husband's Objection (and Response) to Former 9 Wife's Motion for Entry of a Partial Final Money 10 Judgment and Former Husband's Motion to Deny or 11 Defer Judgment to Protect Marital Assets was 12 marked as Respondent's Exhibit No. 6 for 13 Identification.) 14 Q (BY MR. CARUANA) Please look at Exhibit 15 No. 6, the last page. 16 Do you see that e-mail from Nada -- who's 17 Nada (sic) Suarez? 18 A That's me. 19 Q Your name is Nada? 20 A No, Maria Fernandez. 21 Q Who is Nada? 22 MR. LORENZEN: Nanda. 23 A That's my nickname. 24 Q Nanda. I'm sorry. 25 A That's the last five letters of my middle Page 90 1 name, Fernanda. 2 Q 4/14. Did you send this e-mail to Century 3 Bank? 4 A Yes, I did. 5 Q And you told the bank that they have been 6 doing irregular things? 7 A Yes, I did. 8 MR. LORENZEN: Object to the form of that 9 last question. 10 MR. CARUANA: Dirk, what's wrong with the 11 form? 12 MR. LORENZEN: You said "they," referring to 13 the bank, "had been doing irregular things," when she 14 said -- the document says what she said, that John 15 Keeler has been doing irregular things. 16 MR. CARUANA: Not correct, Dirk. It says, 17 "John Keeler, along with U.S. Century Bank, have been 18 doing irregular things." That's what it says. 19 MR. LORENZEN: Okay. 20 Q (BY MR. CARUANA) So did you say that John 21 Keeler and the bank are doing irregular things? 22 A Yes. 23 Q Turning again to the Settlement Agreement, 24 which is Exhibit 4, were you required to put your 250 25 shares of stock of John Keeler & Co. in escrow with Page 91 1 Frank Siegel? 2 A Which page? 3 Q Do you remember if you were required to put 4 your shares of stock in escrow with Frank --- 5 A Something like that the Marital Settlement 6 Agreement said, that he will hold the shares. 7 Q Have you done that? 8 A John Keeler misplaced the shares of the 9 paperwork, documents. 10 Q Is that your answer? 11 A Yes. 12 Q Have you done that, "yes" or "no"? 13 MR. LORENZEN: Objection to form. 14 Q (BY MR. CARUANA) Have you placed your 15 shares of stock in escrow? "Yes" or "no"? 16 A Yes. 17 Q When? 18 A Well, I signed a document that I believe I 19 was giving the permission to Franklin Siegel to hold my 20 shares. I do remember that. 21 Q What document did you sign? 22 A Exactly I don't remember, but it was a 23 document that I signed with Andy Leinoff to let 24 Franklin Siegel to hold the shares, to put the shares 25 in an escrow account. Page 92 1 Q Please turn to page five, paragraph 3.6. 2 Could you read that out loud, please? 3 A "The parties each other own a 50 percent 4 interest in John Keeler & Co., Inc., and John Keeler & 5 Co., Inc, d/b/a Blue Star Food Products. The wife, 6 upon execution of this agreement" -- I don't know how 7 to pronounce it. It's h-e-r-e-b-y -- "sells all of her 8 shares in the corporation to the husband. Immediately 9 upon execution of this agreement, the husband shall 10 have all shareholder voting rights to the corporation. 11 The husband is" -- the same word again, h-e --- 12 Q Hereby? 13 A (Continuing) -- "hereby restricted from 14 selling or hypo" --- 15 Q Hypothecating. 16 A (Continuing) -- her one-half interest to any 17 other person or entity so long as he owes the wife any 18 sums of money in equitable distribution. The wife's 19 stock will be held in escrow by Franklin Siegel until 20 the husband has satisfied the equitable distribution as 21 set forth in this agreement." 22 Q Stop there. "The wife's stock will be held 23 in escrow by Franklin Siegel until the husband has 24 satisfied the equitable distribution as set forth in 25 this agreement." PORTER, WALKER & ASSOCIATES, INC. 24 (Pages 93 to 96) Page 93 1 Have you ever been requested to sign 2 documentation to replace the missing stock certificates 3 so it could be held in escrow by this 2008 contract? 4 A I think so. 5 Q Have you signed them? 6 A My position has been always that John has the 7 shares, because they have been always been at the 8 office. He always kept the black book, so --- 9 Q Have you signed them? I just want a "yes" or 10 "no." 11 Have you signed the documents you were asked 12 to sign to replace the missing stock certificates? 13 A I don't remember that. I do remember 14 transferring the shares so Mr. Siegel will keep it in 15 an escrow account. But Mr. Keeler has the shares. 16 There is no need to replace. 17 Q Was demand ever made that you comply with the 18 escrow? 19 A Which escrow? 20 Q The escrow where you were to put your stock 21 in escrow. 22 A I think so. 23 MR. LORENZEN: Objection to the form. It 24 assumes that the wife shall -- that she shall put 25 them --- Page 94 1 MR. CARUANA: Dirk, I can't understand you. 2 MR. LORENZEN: Never mind. Just object to 3 form. 4 Q (BY MR. CARUANA) Did you ever receive a 5 demand that you comply with the escrow? 6 MR. LORENZEN: Object to the form. 7 THE WITNESS: As I told you before, I know 8 that I signed a document with Andy Leinoff so 9 Mr. Siegel can keep the shares in an escrow account. 10 I do remember that after that, at some 11 point -- don't ask me the date, because I don't 12 remember -- Mr. Keeler said that my shares were 13 misplaced. Don't remember exactly what happened after 14 that. 15 I'm just telling you that my position is that 16 Mr. Keeler always kept the black book with everyone's 17 shares. He has been even faxing those shares to Asia 18 more than once. So there is records of that. 19 (Thereupon, a five-page letter dated 12/22/08 20 to Andrew M. Leinoff from Franklin J. Siegel 21 was marked as Respondent's Exhibit No. 7 22 for Identification.) 23 Q (BY MR. CARUANA) When Mr. Leinoff was 24 your lawyer, would he send you correspondence 25 involving your case? Page 95 1 A Yes. 2 Q Let me show you Exhibit 7, which is a letter 3 dated December 22nd, 2008, from Franklin J. Siegel to 4 Andrew Mr. Leinoff. I'd like you to take a minute and 5 read the letter. 6 A The whole letter? 7 Q Yes. 8 A Okay. 9 Q Mrs. Suarez, would you permit me to call your 10 attention to paragraph nine of this letter. 11 "As to my holding 250 shares of John Keeler & 12 Co., Inc. stock in escrow, as required under the 13 agreement, and as discussed in Natalie Lemos, Esquire's 14 letter to me dated December 17, 2008, you may recall 15 that your client's response to our Request for 16 Production specifically directed to her stock 17 certificate was, quote, 'The wife has no documents 18 responsive to this request in her possession, custody 19 or control.' (See wife's response to husband's Third 20 Supplemental request for Production bearing the 21 certificate of service dated November 21, 2008.) 22 "Now that the stress of the trial has passed, 23 we are hoping your client might be able to locate her 24 original certificate so that it can be surrendered to 25 the Corporation and endorsed over for safekeeping in my Page 96 1 office. In the event she cannot locate same, please 2 prepare and have her execute a simple letter confirming 3 that her certificate is lost, and that in the event it 4 is ever found, she will immediately surrender same to 5 the Corporation. Upon my receipt of same, I will 6 ensure that the Corporation issues a new stock and 7 delivers it to me for safekeeping." 8 Now, you had access to the offices of John 9 Keeler & Co. before the separation, didn't you? 10 A Access to the building? Yes. 11 Q Yes, to the office, to the papers. 12 A No. 13 Q You didn't spend time there and work there 14 ever? 15 A Yes, but you're asking me if I have access to 16 the paper, and I answer no. 17 Q You never had access to the stock book? 18 A No. 19 Q Where was it kept? 20 A Either John or Josefina. I do remember 21 seeing a black book. John --- 22 Q So if you saw it --- 23 MR. LORENZEN: Let her finish answering, 24 please. 25 MR. CARUANA: I'm sorry, Dirk Lorenzen? PORTER, WALKER & ASSOCIATES, INC. 25 (Pages 97 to 100) Page 97 1 MR. LORENZEN: Finish your answer, please. 2 Miss Suarez, you can finish your answer. You 3 were saying --- 4 THE WITNESS: Yes. I know that there is a 5 black book, and I know that there is a security box 6 where --- 7 Q (BY MR. CARUANA) And you went to the 8 black book and you took out your stock certificate, 9 didn't you? 10 A I don't have access to the security box. 11 Q And you have refused to ever give it up. And 12 then you were asked in 2008 to cooperate regarding the 13 replacement, and let me ask you, did you ever comply 14 with that request in this letter? 15 A Well, first of all, I don't like you to tell 16 me something that I didn't know. 17 Q My client told me. That seems to be the 18 Bible in your book. He told me that you stole the 19 certificate and that's why --- 20 A From his security box? 21 Q Yes. Yes. So did you? 22 A I never had access to the security box. 23 Q So he was mistaken. 24 A A hundred percent. 25 Q All right. So you never had the stock Page 98 1 certificate in your possession. 2 A Never. 3 Q And in fact, that's what you filed with the 4 Court, that you didn't have it in your possession. 5 Isn't that right? 6 A I never had it in my possession. 7 Q That's what you told the Judge in this 8 response. 9 MR. LORENZEN: Object to the form. 10 Q (BY MR. CARUANA) That is what you 11 represented in Wife's Response to Husband's Third 12 Supplemental Request for Production, bearing 13 certificate of service dated November 21, 2008. 14 Correct? 15 A That's what this said. 16 Q Am I correct? 17 A Yes. You are reading this paper. 18 Q So let me ask you, pursuant to paragraph 19 nine, did you ever sign a simple letter confirming that 20 your certificate is lost, and in the event it is ever 21 found, you will immediately surrender it to the 22 corporation? 23 A No. 24 Q That was eight years ago. Have there been 25 any requests for you since 2008 to cooperate regarding Page 99 1 the escrow of your stock certificate? 2 A No. I'm just waiting for Mr. Keeler to tell 3 the truth and show everyone my 250 shares. 4 Q Well, he says he doesn't have those shares. 5 My question wasn't that either. It's interesting how 6 you answered some question I didn't ask. 7 My question was, after this 2008 request, did 8 you receive other requests to cooperate regarding the 9 escrowing of your shares? "Yes" or "no"? 10 A Not that I remember. 11 Q You do not recall, in 2010, receiving 12 material from Alan R. Chase, including a stock power, a 13 replacement stock certificate, and an Escrow Agreement 14 in order to comply with the MSA -- 15 A I don't remember. 16 Q (Continuing) -- through your attorneys? 17 A Which attorney? 18 Q Paul Bass and Andrew M. Leinoff. 19 A Don't remember that. 20 Q Did you ever, in 2010, sign the documents 21 necessary to finalize the escrow of your stock 22 certificate? 23 A No. 24 Q Did you, in 2016, through your attorney, Dirk 25 Lorenzen, receive numerous requests for you to sign the Page 100 1 documents prepared by Alan R. Chase to complete this 2 escrow? 3 A No. 4 Q Are you aware that Mr. Lorenzen, in writing, 5 agreed that you would sign those documents? 6 A No. 7 Q I have them here. They have previously been 8 furnished to Mr. Lorenzen on three occasions. Are you 9 willing to sign them now? 10 A No. 11 Q Why not? 12 A I'm going to wait for my 250 shares, because 13 if they are creating new shares, I don't know what they 14 are putting in there. I want the original shares. I 15 want to see the black book that always has been in John 16 Keeler's security box. 17 Actually, this is very easy, because Josefina 18 Bracho has been faxing the whole shares, my shares and 19 John Keeler's shares, to Asia, so we can track those 20 faxes. 21 Q How do you know that? Do you have a spy? 22 A No. 23 Q Well, somebody told you that. You don't have 24 access to Josefina's faxes, do you? 25 A No. PORTER, WALKER & ASSOCIATES, INC. 26 (Pages 101 to 104) Page 101 1 Q So how did you find this out? 2 A I know that. I do remember that. 3 Q Who told you that? 4 A Nobody. I just remember that. I was working 5 at the office. 6 Q Were you working in the office after 2008, in 7 2009? 8 A No. 9 Q Okay. So who told you that Josefina was 10 faxing --- 11 A I just know that --- 12 Q Let me finish, please. 13 A I'm sorry. 14 Q Obviously someone told you this, because you 15 haven't been in that office since 2009. And you're 16 under oath, and I'm asking you, who allegedly told you 17 that John Keeler had Josefina fax stock certificates to 18 Asia? 19 A I just know that they were creating a company 20 in Asia and John needs to send everything to Asia. And 21 she sent everything. 22 Q Who told you that? 23 A I know that. I was at the office. 24 Q You're lying. 25 A I'm not lying. Page 102 1 Q And I'm not asking you for the time period 2 that you were working there. This Exhibit No. 7 has 3 got a date on it. After the date of that request that 4 you replace the certificate so it could be held in 5 escrow, on what basis do you say that John Keeler had 6 Josefina fax the certificates to Asia? 7 A I know that. I was out at the office. The 8 company was created before the divorce. I was working 9 there. 10 Q This letter is after the divorce. 11 A I know that. 12 Q I'm only interested in what you did after the 13 divorce to comply with the escrow. 14 A Nothing. 15 Q Okay. So you have somebody who is providing 16 you information about John Keeler & Co.? 17 A No. 18 Q It appears as though you do from what you 19 just said. 20 A No. 21 Q Because you tried to backtrack and say that 22 this was all before the divorce, which makes no sense, 23 because it's in the divorce document that you are 24 required to complete the escrow. 25 So what happened -- what was faxed before the Page 103 1 divorce is meaningless. I'm interested in after the 2 date of this request. 3 MR. LORENZEN: Object to the form. 4 You may answer. 5 Q (BY MR. CARUANA) After Exhibit No. 7 when 6 you were asked to complete the contract that you 7 signed for the escrow, what evidence do you have 8 that there is a stock certificate already in 9 existence? 10 MR. LORENZEN: Object to the form. 11 THE WITNESS: The problem is you're confusing 12 dates. 13 Q (BY MR. CARUANA) I'm not confusing 14 anything. 15 A I'm not talking about after 2008. I'm 16 talking about when John Keeler was creating the company 17 before the divorce and I was still an employee of the 18 company. 19 MR. CARUANA: Well, I have those documents 20 that were created by Attorney Alan Chase right here, 21 together with one e-mail to Dirk Lorenzen. There is a 22 Pledge and Security Agreement for governing Frederick 23 Siegel's conduct as escrow agent, a place for him to 24 sign to agree to be an escrow agent; there is an 25 Affidavit of Lost, Stolen or Destroyed Certificate, to Page 104 1 be signed by Maria Fernanda Keeler, and there is a 2 Stock Power appointing Alan R. Chase, attorney, to 3 transfer the stock on the books of the corporation so 4 the escrow can be realized. 5 We will mark this as Composite Exhibit No. 8. 6 (Thereupon, the documents referred to, a 7 Composite of four documents, were marked as 8 Respondent's Composite Exhibit No. 8 for 9 Identification.) 10 MR. CARUANA: Dirk, I don't seem to have 11 extra copies of the email, so take a moment and look at 12 the email on top. It's simply a transmittal one, it's 13 not all the e-mails between you and me on this subject, 14 of which there are approximately eight. 15 I'm sorry I don't have that for you. 16 MR. LORENZEN: Not a problem. 17 MR. CARUANA: Now, Mr. Lorenzen, I ask you as 18 an officer of the court, isn't it correct that you 19 agreed that your client would sign the document she is 20 holding in her hand? 21 MR. LORENZEN: I agreed that -- I don't 22 remember exactly what my language was, but I said she 23 would -- could sign appropriate documents, however 24 there are some concerns that I have about the language 25 in these documents that I needed to confer with a PORTER, WALKER & ASSOCIATES, INC. 27 (Pages 105 to 108) Page 105 1 corporate attorney. There are some issues in here. 2 MR. CARUANA: You never told me you had a 3 concern about the language. 4 MR. LORENZEN: Well, I have to confer with a 5 corporate attorney, which I have not been able to 6 retain as of yet because I have no resources. 7 And also I wanted to talk with my client 8 about it, which I have not had the opportunity to 9 because she was attending to medical emergencies with 10 her son. 11 MR. CARUANA: Mr. Lorenzen, my request -- I 12 never knew you to be dishonest. The medical emergency 13 was recent. These requests to you for these stock 14 things to be signed go back many months before John, 15 Jr. had these arrhythmias. 16 Q (BY MR. CARUANA) So Ms. Suarez, I ask you 17 if you would please sign those documents now so we 18 can complete the escrow. 19 A No. 20 MR. LORENZEN: It's not appropriate to do 21 during a deposition. 22 THE WITNESS: No. 23 MR. LORENZEN: Please ask questions for a 24 deposition. 25 Q (BY MR. CARUANA) Do you have any intention Page 106 1 to sign the necessary documents to complete the 2 escrow? 3 MR. LORENZEN: She will consult with her 4 attorney and she will decide, after consultation with 5 her attorney, as to whether or not she will sign these 6 docu -- any possible amendments to the document that 7 need to be made. 8 MR. CARUANA: Mr. Lorenzen, I'm sorry, but 9 you have already represented to me in writing that she 10 would sign these documents, and now you're going back 11 on your word. 12 MR. LORENZEN: That's not exactly what I said 13 in writing. If you will check the e-mail, you will 14 determine exactly what I said. 15 Please feel free to look at your e-mails and 16 check. 17 MR. CARUANA: I have the e-mails, Mr. 18 Lorenzen. But it's apparent your client has zero 19 interest in complying with the 2008 Agreement. 20 MR. LORENZEN: That's not accurate at all. 21 MR. CARUANA: Did you hear her response? 22 Didn't you just hear her state that she refuses to sign 23 it? 24 MR. LORENZEN: Didn't you read what the 25 agreement says, that the wife's stock will be held in Page 107 1 escrow by Franklin Siegel, not that she is going to be 2 signing Pledge and Security Agreements that were never 3 contemplated. 4 MR. CARUANA: And Mr. Siegel wrote a letter 5 in 2008 saying he doesn't have it and it needs to be 6 replaced, and I have furnished your side for six 7 years -- I've been asking for these documents to be 8 signed. And, you know, you are just incredible. 9 MR. LORENZEN: And it's incredible, yes. You 10 specifically hire a corporate attorney in order to 11 direct a nine-page Pledge and Security Agreement. 12 That's not required in any way -- that creates terms 13 that are different than the Marital Settlement 14 Agreement. 15 This Pledge and Security Agreement is not 16 what is required in the Marital Settlement Agreement. 17 MR. CARUANA: I invited you to contact Alan 18 Chase with any questions or comments that you had. You 19 know Alan. You and I both used Alan Chase for years. 20 MR. LORENZEN: And I said I needed to consult 21 with my client and with corporate counsel. 22 The last time that he sent this, according to 23 what you just referred to -- this was April 15 when you 24 last sent these documents to me. 25 MR. CARUANA: Yes, but they were sent to you Page 108 1 prior to that, and you claimed you couldn't find the 2 e-mails. So I furnished you another one. 3 MR. LORENZEN: That's correct, because I was 4 getting hundreds of e-mails from you and your office, 5 and they were somewhere lost within that onslaught of 6 e-mails that I was receiving. 7 And around April 15, I'm not sure of the 8 exact date, but shortly after that is when my client's 9 son subsequently started having medical issues. 10 MR. CARUANA: There were no medical issues in 11 2010 when I sent them to Andy Leinoff and Paul Bass. 12 Same lawyer, Alan Chase, prepared them. Wow. 13 THE WITNESS: We have a huge agreement, 14 Marital Settlement Agreement --- 15 MR. CARUANA: There is no question pending, 16 ma'am. 17 Mark this, please, ma'am. 18 (Thereupon, a document titled Calculation of 19 Sums Due under Paragraph 3.14 of the Settlement 20 Agreement Adopted and Ratified as an Order of the 21 Court in the Final Judgment dated December 12, 22 2008, was marked as Respondent's Exhibit No. 9 23 for Identification.) 24 MR. CARUANA: I'll show you what's been 25 marked by the Court Reporter as Exhibit 9 for PORTER, WALKER & ASSOCIATES, INC. 28 (Pages 109 to 112) Page 109 1 identification. It purports to be a document signed 2 under oath by Amanda Suarez. 3 Did you perform these calculations yourself 4 on did someone else perform them for you? 5 You know, before you answer that, Dirk, I'm 6 putting you on notice, given the testimony of your 7 client and your representations into the record, that I 8 am no longer willing to serve as escrow agent for the 9 stock transfer documents that my client has signed; 10 that I am going to release them. 11 I'll give you -- what -- ten days notice? Is 12 that enough time for you to file what you have to file? 13 MR. LORENZEN: Okay. 14 MR. CARUANA: I am going to release them to 15 my client given your and your client's refusal to 16 cooperate regarding the escrow. 17 So you can take what measures you need to 18 take to file something with the Court if you feel the 19 need to, and we withdraw our prior offer to put John 20 Keeler's stock also in escrow with Mr. Siegel as a sign 21 of good faith, because we've received no good faith 22 from Mrs. Suarez, nor you, regarding her shares, and 23 the contract only requires her shares to be in escrow. 24 We had been willing to put Mr. Keeler's also 25 in escrow to give comfort to your side. That is hereby Page 110 1 withdrawn effective ten days from today's date. 2 MR. LORENZEN: Understood. However, if you 3 want to go there, I will point out to you, however, 4 that if he were to transfer and so hypothecate his 5 interest in John Keeler & Co., the full equitable 6 distribution of payments shall be paid in full at that 7 time, and so it doesn't really change anything. 8 MR. CARUANA: I understand that's what the 9 Agreement says. 10 MR. LORENZEN: Thank you. 11 MR. CARUANA: But I am no longer willing to 12 serve as escrow as I represented to the Court that I 13 was holding them in escrow, and I represented to you 14 that I would be escrow until further notice, until we 15 got these documents all in order. 16 In light of her testimony and what you said 17 today, I'm no longer willing to do that. I feel ten 18 days is enough notice. If you think you need more, let 19 me know. I'm willing to give more time. 20 And my client is no longer willing to escrow 21 his shares as a sign of good faith, only her shares are 22 to be held in escrow, and I will file a motion to 23 enforce that and for legal fees and costs. 24 Q (BY MR. CARUANA) Now, back to Exhibit No. 25 9, the calculation. The question was, did you Page 111 1 perform these calculations under oath or did another 2 person perform them and you simply adopted them? 3 A The numbers that I'm seeing here is the 4 numbers that are in the Marital Settlement Agreement. 5 Q No, ma'am, there is nothing in the Marital 6 Settlement Agreement that says how long Mr. Keeler made 7 interest payments to you. 8 You stated under oath that he "paid the 9 interest for six months and then stopped." You made 10 that statement under oath in paragraph five, and then 11 all of the computations that follow are based on that 12 statement that there were only six months of payments. 13 So none of these numbers could exist from the 14 Agreement because the Agreement doesn't know how many 15 future payments were made or not made. 16 So my question is, did you do this math or 17 did someone else do it? 18 A I did. I present to Mr. Lorenzen all the 19 numbers. 20 MR. CARUANA: Okay. 21 (Thereupon, 36 pages, consisting of copies 22 of checks and deposit slips, were marked as 23 Respondent's Composite Exhibit No. 10 for 24 Identification.) 25 Q (BY MR. CARUANA) Let me show you what's Page 112 1 been marked as Exhibit 10. It's a composite 2 exhibit. 3 Please take as much time as you need to look 4 through this, and my question will be, did you receive 5 all those payments that are identified in these checks? 6 Since it's a Composite Exhibit, and there are 7 many pages, I'm going to let you read it in peace and 8 we will step out. 9 We're going to take a short break for you to 10 look at this and everybody to use the facilities. 11 (Thereupon, a brief recess was taken.) 12 Q (BY MR. CARUANA) Have you had a chance to 13 look, Ma'am, through Exhibit No. 10, which is a 14 Composite Exhibit? 15 A Yes. 16 Q Did you in fact receive all of the payments 17 indicated in these checks? 18 A I have never seen these checks before, so I 19 cannot answer if I receive all of them. 20 Q Do you dispute receiving any of these? 21 A I never seen these checks before so I cannot 22 tell you if all of them -- I mean, if I check that I 23 receive and I deposit, I can give you an answer, but 24 none of these checks -- is the first time that I'm 25 seeing these checks. PORTER, WALKER & ASSOCIATES, INC. 29 (Pages 113 to 116) Page 113 1 Q In any event, these indicate that you 2 received more than six months of interest payments. 3 Isn't that correct? 4 MR. LORENZEN: Objection to form. 5 MR. CARUANA: What's wrong with the form? 6 MR. LORENZEN: It relies upon a hearsay 7 document that she said she's never seen before. 8 MR. CARUANA: I said "these indicate," so to 9 the extent that she is relying upon a document that's 10 not correct, that's excluded in my question. 11 Could you answer the question, please? 12 THE WITNESS: Yes, probably. 13 Q (BY MR. CARUANA) Thank you. You will see 14 that some of them are expressly marked "interest" -- 15 A Yes. 16 Q (Continuing) -- in the "for" part of the 17 check. 18 So what would you have to do to get the 19 correct amount of months that you received interest 20 payments in order to correctly state under oath how 21 many interest payments you did receive? 22 A I just follow a paper that I have when I file 23 my taxes, and I have what I receive every month, so I 24 follow those numbers. 25 Q Okay. And what is the title of that paper? Page 114 1 A I don't have a title for my notes. 2 Q Okay. So you have notes that show everything 3 you received every month. Where are they kept? 4 A I have it. 5 Q Where are they kept? 6 A Where I live. 7 Q Where you live. Is there a place where you 8 live where they are kept? 9 A You want my address? 10 Q No. I want to know where inside the house 11 you keep these papers exactly. 12 A With my tax return. 13 Q In a desk? In a drawer? In a safety deposit 14 box? In a safe? In the closet? 15 A In a drawer. 16 Q What drawer? Of what furniture? Is it a 17 bureau? Is it a nightstand? 18 A No, that's my personal closet. 19 Q Your personal closet. 20 And how far back do these records go that 21 show exactly what you received from Mr. Keeler under 22 the Agreement? How far back in time? From 2008? 23 A Yes. 24 Q All right. I'm putting you on notice not to 25 destroy evidence, that's a preservation and anti- Page 115 1 spoliation request that you not destroy those records 2 that you've kept from the date of the divorce until now 3 showing everything you've received from John Keeler, 4 because I am going to do a Request for Production and a 5 Notice to Produce at the July hearing, that you bring 6 that with you to the Judge, and produce them to me. So 7 please don't destroy them. 8 A I won't. 9 Q Thank you. Secondly, do those indicate also 10 payments or, like, your mortgage where you now live and 11 the Mercedes Benz and insurance for the car, as well as 12 your health insurance, when it was being paid? Do 13 those papers reflect those? 14 MR. LORENZEN: Object to the form. 15 THE WITNESS: No. 16 Q (BY MR. CARUANA) Have you ever provided 17 these papers to any other person? 18 A No. No -- yes. To my -- the person that 19 prepare taxes. I print that. 20 Q Who prepares your taxes? 21 A Baron Barinas. 22 Q Baron? 23 A Uh-huh. 24 Q B-a-r-o-n? 25 A B-a-r-i-n-a-s. Page 116 1 Q Barinas? 2 A Barinas. 3 Q Where are they located? 4 A 36th Street. It's right in front of the 5 airport, 36th Street. 6 Q Is he a CPA or bookkeeper? 7 A He does taxes. I don't know his title. 8 Q Does his name appear on your returns as the 9 preparer? 10 Barinas & Associates, Inc., B-a-r-i-n-a-s, 11 5701 Northwest 36th Street, Virginia Gardens, Florida, 12 33166. 305-871-0889. 13 Is that the person? 14 A That's the person. 15 Q Now, it shows here he charges you no fee for 16 the preparation of this. Is that correct? 17 A No. 18 Q How much did he charge you? 19 A I think it's like $200, or around that. 20 Q And these documents also state they are not 21 final. Do you have the final of these tax returns? 22 See, it says "Not final. Do not file." 23 "Do not file. Form not final." 24 A I can ask for -- I don't know why it says "Do 25 not file." Only the 2013 say that? PORTER, WALKER & ASSOCIATES, INC. 30 (Pages 117 to 120) Page 117 1 Q As far as I can tell. I haven't gone through 2 all of them yet. 3 MR. LORENZEN: '14 does not. '15 does not 4 appear to either. 5 Q (BY MR. CARUANA) Only '13, apparently. 6 A Okay. 7 Q I would like to have the final, please. 8 A Sure. 9 Q Now, in your Financial Affidavit, you list a 10 45,000 loan to your sister. Did you borrow money from 11 her or lend money to her? 12 A I got money from her. 13 Q When was that loan? 14 A It's been different times. 15 Q Oh, it's an accumulation? 16 A Exactly. 17 Q Do you have promissory notes to indicate the 18 indebtedness? 19 A No. 20 Q Was any of the money that you borrowed from 21 your sister used to pay for the renovations in the 22 Pinecrest home? 23 A No. 24 Q Was this money given to you in cash or by 25 check? Page 118 1 A Cash payments directly to other people. 2 Q Payments to third parties? 3 A To third parties. And checks, yes. 4 Q What is her name? 5 A Patricia Suarez. 6 Q And she lives at the Grovenor House? 7 A She lives in Venezuela. 8 Q Do you have any relatives who live at the 9 Grovenor House? 10 A She has an apartment there. 11 Q How many sisters do you have? 12 A One. 13 Q Does she have your Porsche? 14 A Yes. 15 Q I thought you sold it to somebody. 16 A No, I sold it to her, to them. 17 Q Did she pay for it? 18 A Yes. 19 Q How much? 20 A 22,000, if I'm not wrong. 21 Q Do you still have access to the Porsche, to 22 use it whenever you feel like it? 23 A I have access to both of their cars. 24 Q The Porsche and what else? 25 A They have a Mercedes. Page 119 1 Q How much of the year does she live in 2 Venezuela? 3 A What? 4 Q How much of the year does Patricia Suarez 5 live in Venezuela? 6 A Oh, how many days? I would say the majority 7 of the time. 8 Q And where is the Porsche kept? 9 A Either the place where I live or Grovenor 10 House, as well as the Mercedes. 11 Q And whose Mercedes is it? 12 A Them. 13 Q They have title? 14 A I guess so. 15 Q And the Porsche, who has title to the Porsche 16 now? 17 A Them two. 18 Q Do you have a key to the Porsche? 19 A When I do have the car, yes. 20 Q When did you last use it? 21 A Probably a month ago. 22 Q What did you use it for? 23 A Just to run the engine. 24 Q Did you take it out of the building? 25 A Yes. Page 120 1 Q How many times have you used it in the last 2 six months? 3 A I used it in March. 4 Q How many times have you used it in the last 5 six months? 6 A Probably a week during March. 7 Q What was the reason you needed to use it? 8 A My daughter came from Boston and we need a 9 second car, so I took it. 10 Q Is there a bill of sale or any other document 11 showing that this was a real sale to your sister? 12 A They gave -- I believe they paid directly to 13 Leinoff. I'm not sure. 14 Q Paid directly to Leinoff? I don't 15 understand. He didn't own the car. 16 A I need the money to pay Leinoff, otherwise he 17 will be out of the case, and that's the main reason why 18 I sold the car. And I paid those $22,000 to Leinoff. 19 Q Oh, I see. So they paid Mr. Leinoff and you 20 transferred title of the Porsche. 21 A To them. 22 Q To them? 23 A Yes. 24 Q And when did this occur? 25 A Leinoff was on the case. Maybe 2010 or PORTER, WALKER & ASSOCIATES, INC. 31 (Pages 121 to 124) Page 121 1 eleven. 2 I know that I was in New York spending 3 Christmas with them, and I received the e-mail from 4 Leinoff saying if he doesn't receive the money, he will 5 withdraw from the case. 6 And they told me, "Don't worry. We give you 7 the money, you transfer the car to us." And I 8 transferred -- or they transferred -- we transferred 9 $22,000 to Leinoff and he stayed on the case. 10 But was years ago. Maybe 2010 or eleven. 11 Q A tax debt that you have to the IRS for the 12 year 2009 is required to be taken care of by Mr. Keeler 13 pursuant to the MSA. Is that correct? 14 A You are wrong with the years. It's 2007 and 15 eight, if I'm not wrong. 16 Q I apologize. Why don't you take a minute and 17 check Exhibit 4. 18 A 2007 and eight. 19 Q Do you have tax liens from the IRS for years 20 other than 2007 and 2008? 21 A I know that they put a lien on the house 22 but --- 23 Q For example, do you have a tax lien for the 24 year 2010? 25 A Not that I know, because for many years I Page 122 1 don't pay taxes. 2 Q I'm sorry? 3 A For many years I haven't paid taxes. When I 4 do my tax return, I don't need to pay taxes. 5 Q Are there years you did not file a tax 6 return? 7 A No. 8 Q So you always filed one? 9 A Yes. 10 Q But in some years you had no tax because of 11 your income? 12 A That is correct. 13 Q And you don't know whether there are any tax 14 liens against you by the IRS, other than the 2007 and 15 2008, that is dealt with in Exhibit No. 4? 16 A No, I don't have an update balance, no. 17 Q Do you have any secret accounts? 18 A No. 19 Q Do you have any money anywhere that is in the 20 name of a third party that you have access to? 21 A No. 22 Q Do you have any money anywhere that is 23 beneficially owned by you? 24 That means it may be in the name of someone 25 else but it's really your money. Page 123 1 A No. 2 Q Do you have any offshore corporations? 3 A No. 4 Q Do you have any offshore accounts? 5 A No. 6 Q Do you have any interest in any corporations 7 that have bearer shares? 8 A No. 9 Q Do you know what a bearer share is? 10 A No. 11 Q A bearer share is a stock certificate that is 12 similar to currency. If you have the $5 in your 13 pocket, that's your $5. 14 A bearer share is the same thing. If you 15 have the certificate in your hands, in your pocket, 16 then you own it, just like the $5 bill. 17 A Okay. 18 Q So instead of it being a paper trail of 19 ownership, it's a possession ownership. Do you have 20 any bearer share entities in which you have access to 21 or have the shares? 22 A No. 23 (Thereupon, a document titled Former Wife's 24 Notice of Filing Financial Affidavit was marked as 25 Respondent's Exhibit No. 11 for Identification.) Page 124 1 Q (BY MR. CARUANA) I show you what's been 2 marked by the official Court Reporter as Exhibit 3 No. 11. 4 Can you identify your signature? 5 A Yes. 6 Q What is this? 7 A Former Wife Motion of Filing Financial 8 Affidavit. 9 Q Please look at page seven. You see the 10 language above your signature? 11 A The name? 12 Q The language -- the writing above your 13 signature, above the date 2/11/15. Do you see that, "I 14 understand"? 15 A What do you want me to say? 16 Q Do you see the words at the top of the page? 17 A "I understand," yes. 18 Q Would you read them aloud, please? 19 A "I understand that I am swearing or affirming 20 under oath to the truthfulness of the claims made in 21 the Affidavit, and that the punishment for knowingly 22 making a false statement includes fines or imprison" -- 23 I don't know what that says. 24 Q So when you signed this, did you understand 25 that you were signing it under oath? PORTER, WALKER & ASSOCIATES, INC. 32 (Pages 125 to 128) Page 125 1 A Yes. 2 Q Does the 45,000 that you list to Patricia 3 Suarez include the $22,000 that she paid to Leinoff? 4 A Yes. 5 Q So then the Porsche was not sold to her if 6 you owe her the 22,000. Is that correct? 7 A If you say it that way, yes, probably. 8 Q The $5,190.82 that you list in paragraph 17, 9 is that money that you received pursuant to the IDO 10 from John Keeler? 11 A Which number is that? 12 Q Line item 17, page 2. 13 A I received that from John Keeler, yes. 14 Q Do you have any other source of income other 15 than John Keeler & Co., Inc.'s IDO payments to you 16 every month of over $5,000? 17 A No. 18 Q Do you have any bank accounts that are not 19 described on this financial affidavit? 20 A No. 21 Q You list expenses for your children on page 22 four. Are those expenses for all three of your 23 children or just for one of your children? 24 A Which number? 25 Q On page four, Monthly Expenses for Children Page 126 1 Common to Both Parties. 2 You list $1,310 a month. Is that your 3 expenses for all three children or just the 13-year 4 old? 5 A For three of them. 6 Q Who gets the uniform and clothing in item 39; 7 $300 a month for uniforms and clothing? 8 A I do. 9 Q No. Whose uniforms and clothes cost $300 a 10 month? 11 A The three kids. 12 Q What tuition do you pay for $50 a month --- 13 Strike that. 14 I'm sorry, that's books, supplies and fees. 15 A That's for the kids too. 16 Q Number 48, how much do you spend on cosmetics 17 and toiletries and sundries for just the 13-year old? 18 MR. LORENZEN: Objection to form. 19 You may answer. 20 MR. CARUANA: What's wrong with the form, 21 Dirk? 22 MR. LORENZEN: Foundation. That these aren't 23 divided up between the three children. 24 MR. CARUANA: What? 25 MR. LORENZEN: Lack of foundation. Page 127 1 You may answer. 2 Q (BY MR. CARUANA) No, let's lay a 3 foundation so we can be here longer. 4 Number 48, how much do you list as expenses 5 for the children for cosmetics, toiletries and 6 sundries? 7 A I have a hundred dollars per month. 8 Q Okay. Now, is that for all three children or 9 one or two children? 10 A All the children. 11 Q What cosmetics and toiletries and sundries do 12 you buy for John, Jr.? Does he wear cosmetics? 13 A No. 14 Q What toiletries does he need? 15 A You mean shampoo, soap? 16 Q Yes. Toothbrush, toothpaste. 17 A Toothpaste, shaving cream, gel for the hair, 18 deodorant, cologne, Listerine. 19 Q How did you arrive on $400 a month for 20 miscellaneous, number 53? 21 A I always get extra things. 22 Q I'm sorry, I didn't understand you. 23 A I always, in one way or another, always has 24 extra expenses. 25 Q But how did you compute it to be 400? Page 128 1 A Well, maybe more. I just put 400 to round a 2 number. 3 Q Did you use any kind of methodology, like 4 looking at receipts and adding them up and dividing 5 by --- 6 A In my mind, kind of the amounts, adding the 7 numbers. 8 Q In your mind? 9 A Yes. 10 Q Do you have pets? 11 A Yes. 12 Q What kind of pets? 13 A One dog and one cat. 14 Q It says here "See note three." I can't find 15 note three. Where do you have the note three? 16 I see note one but I don't see note three. 17 A You mean section three? 18 Q No, ma'am. Look at item 69 on page five, 19 please. Monthly pet expenses, 118.88. Then it says 20 "See note three." 21 Please direct me to note three. I could not 22 find it. 23 A Me neither. Maybe the note that I have that 24 there is one dog and one cat, but you're right, I don't 25 see it. PORTER, WALKER & ASSOCIATES, INC. 33 (Pages 129 to 132) Page 129 1 Q Look on page six under assets. Cash in banks 2 or cash in husband's banks or credit unions. You have 3 down here, it "Fluctuates but de minimis." 4 Q When you signed this document under oath on 5 December 11th, 2015, Dirk Lorenzen was your lawyer in 6 December of 2015? 7 I guess he was. 8 A Yes. 9 MR. LORENZEN: Yes. 10 Q (BY MR. CARUANA) When you signed this, how 11 much did you have in the bank that day? 12 A I don't remember. 13 Q Well, what does "de minimis" mean to you? 14 A That it could -- sometimes I have more, 15 sometimes I have less. 16 Q What's the highest amount that you had during 17 the year 2015 in any bank or savings or -- any bank or 18 savings? 19 A Around $5,000. 20 Q Okay. And what about cash, what's the 21 highest amount of cash you had access to at any one 22 time in 2015? 23 A I cannot get more than $500 per day on my 24 bank, so that could be the maximum that I have in cash. 25 Q All right. Please understand I'm not asking Page 130 1 what it could be. I'm asking what it was. 2 A Okay. $500 is the maximum that I can get 3 cash. 4 Q I didn't ask you what could you get. I'm 5 asking what you had in your purse or available to you 6 at any one time, the largest amount during the year. 7 A Okay. $500. 8 Q Thank you very much. 9 Now, you have $80,000 that you owe Amex. Is 10 that still correct? 11 A I think so. 12 Q Do you know how much you owe Mr. Lorenzen 13 today? 14 A No. I know that I received an e-mail, but I 15 didn't have the chance to open. As of today, I don't 16 know the amount. 17 MR. LORENZEN: If you're ready to cut a 18 check, I'll gladly tell you the amount. 19 MR. CARUANA: Yes -- no, tell me the amount. 20 MR. LORENZEN: I will look it up in a second. 21 Feel free to cut a check. 22 MR. CARUANA: I don't know how many different 23 ways I've asked your side to tell me what you're owed, 24 both Interrogatories, Request for Production, 25 deposition. Page 131 1 It's unbelievable to me that no one seems to 2 know how much you're owed. 3 MR. LORENZEN: I'll have that information for 4 you in a second. 5 Let me call my office. 6 MR. CARUANA: Thank you, Mr. Lorenzen. 7 Q (BY MR. CARUANA) Do you currently have 8 health insurance? 9 A As of today, I don't. 10 Q Your former husband was paying your health 11 insurance for a period of time. Do you recall that? 12 A Yes. 13 Q And he's not required to by the MSA. Do you 14 agree with that? 15 A I agree with that. 16 Q Are you aware that he simply asked for a 17 credit against what he owes you and he would continue 18 to pay for your health insurance? 19 MR. LORENZEN: Objection. Mischaracterizes 20 the facts. 21 Q (BY MR. CARUANA) Are you aware that your 22 husband -- your former husband, was willing to 23 continue to pay your health insurance if you agreed 24 that he would receive a credit going forward and for 25 back payments that he made against monies he owed Page 132 1 you? Are you aware of that? 2 MR. LORENZEN: Objection. Mischaracterizes 3 the facts. 4 MR. CARUANA: What is the mischaracter- 5 ization? 6 MR. LORENZEN: There was no offer that I 7 received saying that credit -- that he would continue 8 paying the health insurance if he received a credit. 9 MR. CARUANA: Yes, there is. You're 10 mistaken. All we asked for was a credit, and you said 11 we would give you a credit going forward, but you had 12 to talk to Mrs. Suarez about the credit for payments 13 made in the past. 14 And I said, well, if we don't have an 15 agreement, then I'm going to tell him we have no 16 agreement. 17 And you never got back to me with whether you 18 would give us a credit for payments that we made that 19 are not required to be made under the MSA, which I 20 won't comment on. 21 And those are the correct facts. 22 Q (BY MR. CARUANA) After the mediation or 23 meeting with Elijio Cedaño, do you remember 24 receiving drafts of settlement agreements that were 25 sent to Ricardo Pines? PORTER, WALKER & ASSOCIATES, INC. 34 (Pages 133 to 136) Page 133 1 A I know that Ricardo received something that 2 he didn't want to share with me because he didn't 3 agree, and at some point he sent me one. 4 Q Don't tell me what -- you have a privilege 5 with Ricardo Pines. 6 A Oh, I'm sorry. 7 Q So I don't want you to give up your 8 privilege. 9 A Yes, I did receive one, like proposal. 10 MR. CARUANA: Okay. Would you mark this as 11 Exhibit No. 12, please. 12 (Thereupon, an e-mail from Melissa Jacobs 13 to Ricardo Pines dated 5/8/15 was marked as 14 Respondent's Exhibit No. 12 for Identification.) 15 MR. CARUANA: Mrs. Suarez, I show you what's 16 been marked as the Court Reporter's Exhibit No. 12 to 17 your deposition. 18 Dirk, I'm not waiving the privilege. There 19 is one here, sort of a transmittal one only, from 20 Melissa to John transmitting -- there is no text. So 21 will you agree that we're not waiving the privilege 22 here by inadvertence, if it's somewhere in this --- 23 MR. LORENZEN: Agreed, there is no waiver of 24 privilege. But if there is an issue, we can redact it. 25 So stipulated. Page 134 1 Q (BY MR. CARUANA) Right. Did you ever 2 receive from Mr. Keeler some proposed conditions 3 that if you agreed to them, he would purchase the 4 house you are now living in for your use and 5 benefit? 6 A Yes. 7 Q And are those conditions set forth in Exhibit 8 No. 12 anywhere? 9 I think I might have given you the wrong --- 10 Could I have those back? I think those are the wrong 11 ones. I think I was supposed to give you this one. 12 Dirk, can we substitute this for 12? If you 13 want to take a look at it, go ahead, but I gave her the 14 wrong one. 15 MR. LORENZEN: Well, what you handed to me 16 and what you handed to her were two different things 17 anyway so --- 18 MR. CARUANA: Oh, my goodness. Wait a 19 minute. 20 Off the record. 21 (Discussion held off the record.) 22 MR. LORENZEN: According to my office, the 23 total amount that I'm owed as of the April 30th bill 24 $122,462.31. 25 MR. CARUANA: Is that fees and costs or just Page 135 1 fees? 2 MR. LORENZEN: That should be fees and costs. 3 MR. CARUANA: And your hourly rate is 500? 4 MR. LORENZEN: $500. 5 MR. CARUANA: You're certainly worth the $500 6 a hour.Okay. 7 Q (BY MR. CARUANA) Now could you look at 8 Exhibit No. 12, which could you look at the list of 9 conditions communicated to Mr. Pines as conditions 10 for the purchase of the home for the use of the 11 former wife and the parties' three children. 12 And it says, "Prior to the former wife moving 13 into the home, please confirm the below in order to 14 ameliorate any future issues." 15 And then there is a list. "The former wife 16 may not change the locks, the former wife shall not 17 cause any liens, the former wife shall not cause any 18 modifications or remodeling inside or outside without 19 prior consent of the former husband." 20 It talks about the utility accounts, and then 21 the last one says, "In the event the former wife 22 institutes any litigation against the former husband 23 for any reason, she shall vacate the premises the day 24 she filed any lawsuit." 25 Do you recognize and remember those Page 136 1 conditions? 2 A Yes. 3 Q Did you ever write back saying "I accept your 4 conditions"? 5 A Yes. 6 Q And when did you write back and say you 7 accept the conditions? Do you remember? 8 A No. 9 MR. LORENZEN: If you have another copy of 10 that number 12, that would be great. 11 MR. CARUANA: I'm sorry, I meant to hand it 12 to you. My apologies. I meant to give you that. 13 Make sure I gave you the right one and rip 14 off the one --- 15 MR. LORENZEN: You did. 16 THE WITNESS: Sharon Blake is the name of the 17 attorney. 18 Q (BY MR. CARUANA) Sharon Blake, that's one 19 of them. But the other lady I can't even myself 20 remember. 21 I remembered Sharon Blake, but then you had 22 one, Maria --- 23 A No. 24 Q No Maria? 25 A No. PORTER, WALKER & ASSOCIATES, INC. 35 (Pages 137 to 140) Page 137 1 Q Sharon Blake. I remember her. 2 She is the one who wrote the IDO order, and 3 we had all the hearings for the IDO. 4 A I don't remember that one. 5 Q Yes. 6 MR. LORENZEN: But it proves that she is 7 trying to help you. 8 THE WITNESS: My memory is so bad. 9 (Thereupon, an email exchange between 10 Nanda Suarez and John R. Keeler was marked as 11 Respondent's Exhibit No. 13 for Identification.) 12 Q (BY MR. CARUANA) Okay. Now let me show 13 you Exhibit 13. Do you recognize Exhibit 13? 14 A Yes. 15 Q Can you tell us, please, what this is? 16 A When I sent an e-mail to John accepting his 17 terms. 18 Q And it says, "John, I accept your conditions. 19 When can we move in? Please let me know. Thank you." 20 Did you author that e-mail? 21 A I sent that e-mail, yes. 22 Q And that was referring to the conditions set 23 forth in the previous exhibit, correct? 24 A Correct. 25 Q And after you sent this Exhibit No. 13, you Page 138 1 were provided the keys and you did move in to the 2 Pinecrest home. Is that correct? 3 I don't mean the same day, I meant 4 afterwards. 5 A Yes, because this is June and we moved in 6 August. 7 Q Correct. But there was a closing and there 8 were all kinds of things, the contract was signed. 9 Ultimately, after Exhibit 13, you and the 10 children moved into the Pinecrest home. 11 A Yes. 12 Q Is there any reason you didn't simply tell 13 Mr. Keeler you wanted to make renovations, or the kids 14 wanted to make renovations, or whoever you said made 15 them? 16 A Well, probably the kids should tell the 17 father that they were doing that, yes. Yes. Maybe 18 they were afraid that he didn't want to, but they 19 should do that. It wouldn't be good if they did that. 20 Q And then after Mr. Lorenzen was asked if 21 access would be granted, he said no. Are you aware of 22 that? 23 Mr. Keeler, through my office, asked Mr. 24 Lorenzen to have access, when we got the Notice of 25 Violation, and Mr. Lorenzen denied access. Are you Page 139 1 familiar with those facts? 2 A I'm sorry, but I don't understand what you're 3 telling me. 4 Q After the Notice of Violation from Pinecrest, 5 which is Exhibit No. 1, I believe, Mr. Keeler, through 6 his counsel, requested permission to go in and look at 7 the house, and Mr. Lorenzen's answer was no. 8 Are you aware of that? 9 A Yes. 10 Q Did the husband set up all of the utility 11 accounts so that you could thereafter pay the utilities 12 in a timely manner? 13 A No. 14 Q Who set them up? 15 A Me. 16 Q Isn't there something required of the owner 17 of the property to set up the utility accounts? 18 A No. I was able to do it myself. 19 (Thereupon, a two-page letter to Ricardo E. 20 Pines from Albert G. Caruana dated 8/6/2015, 21 was marked as Respondent's Exhibit No. 14 22 for Identification.) 23 Q (BY MR. CARUANA) Mrs. Suarez I show you 24 what's been marked as Exhibit 14 for identification. 25 Have you ever seen this document before? Page 140 1 A Yes. 2 Q This is dated August 6, 2015. Did you ever 3 sign this? 4 A No. 5 (Thereupon, the Individual Income Tax Returns 6 for Maria F. Keeler for 2012, 2013 and 2014 were 7 marked as Respondent's Exhibit Nos. 15, 16 and 17 8 respectively for Identification.) 9 Q (BY MR. CARUANA) Miss Suarez, I show you, 10 please, what has been marked by the reporter as 11 Exhibits 15, 16 and 17 for Identification. They 12 purport to be your 1040 for 2012, 2013 and 2014. 13 Could you identify these documents for the 14 record, please? 15 A Yes. Those are my taxes. 16 Q Is the information contained in these tax 17 returns accurate and complete? 18 A To the best of my knowledge, yes. 19 Q Were all of these prepared with the 20 assistance of the gentleman that you earlier described, 21 Mr. Barinas? 22 A Yes. 23 Q I do not see anywhere in your tax returns 24 where you listed as alimony income to you the purge 25 amount that Mr. Keeler paid after you were successful PORTER, WALKER & ASSOCIATES, INC. 36 (Pages 141 to 144) Page 141 1 in having him in contempt of court. 2 Where in your tax returns did you report that 3 income? 4 A I report that that year. 5 Q What year was that? 6 A Don't remember the year. That was with Andy 7 Leinoff. 8 Don't remember the year. 9 Q So you're saying that was before 2012? 10 A I don't know. 11 Q And in 2012 you only reported $3,000 in 12 alimony. 13 A 3,000? 14 Q Yes. How could you report only 3,000, and 15 you did not report the interest, 12 months of interest 16 that you received either? 17 Why did you not report that income on your 18 tax return? 19 MR. LORENZEN: Object to the form. No 20 foundation. 21 MR. CARUANA: No foundation? 22 MR. LORENZEN: You said she did not report 23 interest. You're assuming that she received interest 24 in 2012. 25 MR. CARUANA: Oh, I see. Page 142 1 Q (BY MR. CARUANA) Did you report all your 2 income in 2012? 3 A Yes. 4 Q How could the alimony be $3,000 for the whole 5 year? 6 A I will need to check my notes to see if 7 that's the year that I did not receive the child 8 support complete, and this is my balance. 9 Remember that my child support is 10 non-taxable, so I only report whatever is over the 11 child support. 12 Q Right. 13 A There is one year, don't remember which year, 14 but I do remember that during more than 12 months, I 15 received less than the child support, so that year I 16 did not report anything. I'm not sure if ---- 17 Q Income also includes interest, not just the 18 interest payments, but the interest that John Keeler & 19 Co., Inc., sent you 55 percent of on the money that was 20 under the name of John Keeler, that those checks were 21 cut directly to you for interest. 22 A I know that. 23 MR. LORENZEN: Object to the form. 24 Q (BY MR. CARUANA) Go ahead. 25 A But during all those months, that I know that Page 143 1 it was more than a year, I only received less than the 2 child support, nothing else. Nothing else. 3 So maybe this is the year. I'm not sure if 4 this is the year. But I'm guessing yes, because when I 5 do the 2012, I'm reporting 2011 income. Yes? 6 Q No. This is for the tax year 2012. 7 A Um-hmm. 8 Q Not 2011. 9 A Yes, I think that that's what happened. This 10 is the year that I did not have an income. 11 Q Can you show me where you reported any 12 interest, assuming you received any interest? 13 MR. LORENZEN: Objection to form. 14 THE WITNESS: I don't understand your 15 question. 16 MR. LORENZEN: Off the record for a second? 17 MR. CARUANA: Yes. 18 (Discussion held off the record.) 19 Q (BY MR. CARUANA) I don't recall in what 20 year the purge amount was paid. I'll go back and 21 look at that later. 22 A Me either. 23 Q However, the purge amount, I believe, was in 24 the vicinity of $130,000. 25 To the extent any of that was past due Page 144 1 alimony or interest, it would still be taxable to you, 2 even though Mr. Leinoff may have applied the money to 3 his legal fees. It's still legally income to you. 4 So my question is, do you recall what you 5 reported from that purge amount as income? 6 A I did report for whatever amount I received. 7 Q And how much did you receive? 8 A It was around $20,000, maybe $21,000. That's 9 it. 10 Q Even if the rest were kept by Mr. Leinoff, 11 did you recognize that as income to you to the extent 12 it was alimony and interest? 13 MR. LORENZEN: Object to the form of the 14 question. 15 THE WITNESS: No, but at that time was a 16 payment to them, to Leinoff and the accountant. 17 Q (BY MR. CARUANA) And you're sure you 18 don't remember a tax lien for the year 2010? 19 A I did receive a tax lien, but I don't have a 20 way to identify which year. I don't remember --- 21 Q The government will say what year it is. 22 Like, I know about the one that Mr. Keeler is 23 obliged to take care of under the MSA, 2007 and eight, 24 I think. 25 But when we did a search, we found another PORTER, WALKER & ASSOCIATES, INC. 37 (Pages 145 to 148) Page 145 1 tax lien in 2010. Do you have any memory of that? 2 A No. I do know that the house has a tax lien, 3 and I know that the attorney that did all the closing 4 told me about that and gave me the amount at some 5 point, but I don't remember seeing a document. The tax 6 lien is for this specific year. I don't remember 7 seeing that. 8 Q Is part of the reason why the new home in 9 Pinecrest was not placed in your name, because of the 10 existence of tax liens against you? 11 A No. 12 MR. LORENZEN: Off the record. 13 (Discussion held off the record.) 14 (Thereupon, the document titled Request 15 for Production of Documents and the response was 16 marked as Respondent's Composite Exhibit No. 18 17 for Identification.) 18 Q (BY MR. CARUANA) I show you Composite 19 Exhibit No. 18. This is a request for you to 20 produce documents and your response attached. Don't 21 you have a checking account? 22 A Yes. 23 Q You didn't produce your checking account 24 information. Why? 25 A I didn't have time. Page 146 1 Q You have an account at Chase? 2 A Yes, I do. 3 Q And aren't they available to you over the 4 internet? 5 A Yes, they have online. 6 Q Online? 7 A Online program, yes. 8 Q And wouldn't it be a pretty simple matter for 9 you to obtain statements from online, your online 10 account? 11 A I do have access online, yes. 12 Q My question is, why didn't you simply obtain 13 copies and produce them pursuant to the request? 14 A I didn't have time, and I also advised my 15 attorney that I don't think that that will need to be 16 done. 17 Q You said you didn't have time. This request 18 was served on you on March 3rd. That was over 60 days 19 ago. 20 You didn't file a response until yesterday. 21 So what do you mean you didn't have time from March 3rd 22 until May 10th? You didn't have time to go to your 23 computer and download your Chase checking account? 24 A No. 25 Q I'm sorry, that's not credible. You just Page 147 1 refuse to produce it; isn't that the case? You told 2 your attorney "I'm not going to give you these." 3 A Yes, I just said it. I just said it. 4 Q Number two asks for your check stubs for your 5 checking account for the last three years. You say 6 there are none. 7 You don't keep a check ledger? A little -- 8 shows the checks. 9 A I don't receive the checks back. 10 Q You don't keep a checkbook that has a copy of 11 the checks that you write or information about the 12 checks you write? 13 A Yes, I have copy. 14 Q Why did you put none, that none exists? You 15 have no personal checkbook stubs, ledgers or canceled 16 checks? 17 A They're online. 18 Q But they exist. 19 A They exist online. 20 Q And you just declined to get them. Is that 21 correct? 22 A I did not present that. 23 Q Number three asks for checkbooks, stubs, 24 ledgers, canceled checks and other records for checking 25 accounts, even if the account is with you and someone Page 148 1 else, for the past three years, or you and a 2 corporation. 3 Are there any other accounts on which you 4 have signatory powers? 5 A No. 6 Q Number 4, you say you have none? 7 A I don't have any mortgage. 8 Q You have no security account? 9 A No. 10 Q And you have filed no intangible State tax 11 returns. Is that correct? 12 A That's my only tax returns that I have. 13 Q What is? 14 A The -- all the years that I present. 15 Q Exhibits 15, 16 and 17? 16 A No, 2015, '14 and '13 that I brought. 17 Q When was the last time that you had a credit 18 card? 19 A I think was 2013. 20 Q Okay. In 14 we asked for applications, and 21 you answered, well, I have one for CitiBank Advantage 22 that you will produce, but all you produced was the 23 rejection. Where is the application? 24 A That I applied in 2012? 25 Q I don't know when you applied. You produced PORTER, WALKER & ASSOCIATES, INC. 38 (Pages 149 to 152) Page 149 1 a document today that is a rejection of your 2 application. We asked for the application. You 3 produced a rejection of the application. 4 I wanted you to produce the application where 5 you list your income and you list --- 6 A I did it over the phone. 7 Q So there is nothing in writing? 8 A No. 9 Q This response doesn't say that. This 10 response says there is one for CitiBank which will be 11 produced -- oh, if it is found. 12 A I brought it. 13 Q You brought the rejection, not the 14 application. 15 A The application was online -- over the phone, 16 I'm sorry. 17 Q You don't have a will? 18 A No. 19 Q You did not hire any private detectives, 20 correct? 21 A No. 22 Q Did your attorney hire any private 23 detectives? 24 MR. LORENZEN: Objection, privileged. 25 Don't answer that question. Page 150 1 THE WITNESS: I have no idea. 2 MR. CARUANA: The reports may be privileged, 3 but whether you hired them or not is not privileged. 4 How do I know to move to compel if you don't 5 disclose whether you hired them or not? 6 MR. LORENZEN: It is privileged until such 7 time as they're no longer consulting professionals. 8 Once they agree to setting and make a testimonial, 9 we'll have to disclose them. 10 As of this time, I instruct you not to 11 answer. 12 MR. CARUANA: I disagree with that. 13 MR. LORENZEN: We can address it in Court. 14 MR. CARUANA: Anyway, she answered that you 15 didn't hire anybody. 16 THE WITNESS: No. I answered I have no idea. 17 Q (BY MR. CARUANA) Oh, I thought you said 18 that he didn't. 19 A I didn't. I have no idea about my attorney. 20 Q Have you ever seen any reports? 21 A No. 22 Q For 24 we asked you to produce communications 23 with Milne, and your lawyer said it's privileged. 24 Milne sued you, and you told me you never 25 hired Milne and you never paid him a legal fee. Page 151 1 A He's not my attorney. 2 Q I want to know if there are any e-mails, 3 letters or any other communications between you and 4 Milne, and if there are, I'm going to ask they be 5 produced, by the Judge, but you can't just avoid 6 telling me if they exist. 7 You're supposed to do a privilege log, which 8 you haven't. But if none exists, we don't have to 9 waste our time. 10 So are there any? 11 A No. I met him, I have a meeting with him, 12 but I didn't send an e-mail. 13 Q Was Mr. Lorenzen present when you met him? 14 A I know him forever, from school, and I have a 15 meeting with my daughter and him. 16 Q Is that how your daughter came to hire him? 17 A Yes. 18 Q I'd like you to please produce the check 19 stubs and the bank statements from Chase. 20 MR. LORENZEN: The bank statements, to the 21 extent that they're available online, we will produce. 22 MR. CARUANA: Thank you. What about the 23 check stubs? 24 MR. LORENZEN: She indicated that she didn't 25 have check stubs, if I heard her testimony correctly. Page 152 1 Q (BY MR. CARUANA) You know when you write a 2 check, sometimes you put it was to John Doe, it was 3 for a hundred dollars, and it was this date, and you 4 keep the little stub? 5 A I have everything online, access online. 6 Q But you don't have a check stub that you 7 keep, a hard copy, so you can look at your book and see 8 who you wrote checks to? 9 I'm asking if you have it, that's all. I 10 want to determine if it exists. 11 A I'll check and if I have it ---- 12 Q You don't remember if you have that or not? 13 Do you have your checkbook here? 14 A No. 15 Q And you don't know whether you have stubs? 16 A I don't know. I'll check. 17 Q Was Maria Benitez (sic) paid by check? 18 A Who is Maria Benitez (sic)? 19 Q The lady who did your kitchen and bathrooms 20 and the three kids' rooms. Your friend. 21 A Probably. I don't know. I don't know. 22 Q Do you have a checking account at Chase? 23 A Yes, that's my bank. 24 Q Does it end in 2329 as the last four numbers 25 of the account? PORTER, WALKER & ASSOCIATES, INC. 39 (Pages 153 to 156) Page 153 1 A I'm not sure about the last numbers. 2 Q Didn't you say Maria Benitez (sic) was the 3 lady --- 4 A No, Venegas. 5 Q How do you say it? 6 A V-e-n-e-g-a-s. 7 Q Who is Margarita Wonderfoo? Like "wonder" 8 f-o-o? 9 A I have no idea. 10 Q Why were you in Needham, Massachusetts? 11 A When I took my daughter. 12 Do you mind if I go to the restroom one 13 second? 14 MR. CARUANA: Of course. I'm almost done. 15 (Thereupon, a brief recess was taken.) 16 MR. CARUANA: I pass the witness. 17 CROSS EXAMINATION 18 BY MR. LORENZEN: 19 Q Just a couple questions to clean some things 20 up. 21 You were asked all sorts of questions at the 22 beginning of this deposition about whether you received 23 any notices from any lenders with respect to the house 24 where you're living. Do you remember those questions? 25 Do you remember being asked some of those Page 154 1 questions by Mr. Caruana? 2 A A communication from the bank? 3 Q Yes. Do you remember Mr. Caruana asking you 4 about that? 5 A Yes. 6 Q You did not enter into any contracts with the 7 bank with respect to your house where you're living 8 now, correct? 9 MR. CARUANA: Objection, leading. 10 Q (BY MR. LORENZEN) Cross. 11 You may answer. 12 MR. CARUANA: Object to the form. 13 THE WITNESS: No, I didn't. 14 Q (BY MR. LORENZEN) The house that you're 15 living in currently, do you consider that to be a 16 house that you own? 17 A No. 18 Q Who owns that house? 19 A Mr. Keeler. 20 Q Who negotiated to acquire that house? 21 A Mr. Keeler. 22 Q With respect to you living in that house, who 23 negotiated that part of it? 24 I'll rephrase it. Is the deal that that 25 house was acquired, something that was worked out Page 155 1 between Mr. Keeler and your children? 2 A Correct. 3 Q And the repairs or improvements or 4 renovations, whatever it was that was done, those were 5 done by your children? 6 A Yes. 7 Q Do you know either way whether your children 8 informed Mr. Keeler about those reservations? 9 A No, they did not. 10 Q You were asked if Mr. Keeler was helpful with 11 John, Jr., in the hospital recently. Do you remember 12 that question? 13 A Yes. 14 Q The past year, how many nights has John, Jr., 15 spent with Mr. Keeler, overnight? 16 A For the last year? 17 Q In the last year. 18 A That I do remember, one weekend. 19 Q Does Mr. Keeler basically leave caring for 20 John, Jr., up to you almost 100 percent? 21 MR. CARUANA: Object to the form. 22 THE WITNESS: Since, I believe 2012, Mr. 23 Keeler sent an e-mail to the parenting coordinator, 24 guardian ad litem, and to me saying that he voluntarily 25 was canceling all overnight visitation and everything, Page 156 1 and the children sleep basically 99.9 percent time with 2 me. 3 Q That was 2012 you said? 4 A For many years. That happened, I believe, 5 since 2012. 6 Q And that's for all three children? 7 A All three children. 8 Q Now, you were asked about your Financial 9 Affidavit. In your financial affidavit, and that's 10 Exhibit 11, does that Affidavit show how you lived 11 during the marriage? 12 A No. 13 Q Does that affidavit show how you're 14 struggling to get by with the limited amount of money 15 you have? 16 MR. CARUANA: Object to the form. 17 THE WITNESS: I did this based not on what we 18 need, I did it based on how I distribute the $5,000 19 that I receive, not really what we need. 20 Q (BY MR. LORENZEN) Now, Mr. Keeler was 21 supposed to be paying you $35,000 a month in 22 alimony? 23 MR. CARUANA: Object to the form. 24 THE WITNESS: The first five years, 35,000. 25 Q (BY MR. LORENZEN) And he was also PORTER, WALKER & ASSOCIATES, INC. 40 (Pages 157 to 160) Page 157 1 supposed to give you $20,000 in interest a month? 2 A Correct. 3 Q So he agreed to pay you $55,000 a month? 4 A Yes. 5 Q Instead he pays you $5,000 a month, 6 approximately? 7 A Not even. 8 Q You were asked about this Composite Exhibit 9 10, which I'll put the copy in front of you. 10 Now, you said you never saw those checks. Is 11 that correct? 12 A That's correct. 13 MR. CARUANA: Wait a minute. Just a minute. 14 MR. LORENZEN: Of course. 15 Mr. Caruana, I'll give you my copy and I will 16 give her this one. 17 MR. CARUANA: How could you say this? These 18 checks are made out to Maria F. Keeler. 19 MR. LORENZEN: That's what I'm doing, thank 20 you. 21 Q (BY MR. LORENZEN) The second page of 22 Composite Exhibit 10 has deposit slips. Did you 23 make those deposits? 24 A No. 25 Q Who made those deposits? Page 158 1 MR. CARUANA: Into her account. 2 Q (BY MR. LORENZEN) Who made those deposits? 3 A I guess either Mr. Keeler or his assistant. 4 I'm guessing. 5 Q Okay. So you never saw a check that had the 6 word "alimony" written on it. 7 A No. 8 MR. CARUANA: Object to the form. Move to 9 strike. 10 A check to "Maria F. Keeler, alimony" is the 11 first check in the pile. 12 Q (BY MR. LORENZEN) Yes. And was this 13 first check, check number 2400, that Mr. Caruana is 14 referring to, was that ever handed to you? 15 A No, these checks were deposited. I never 16 have the actual check, never. 17 Q So this check, number 2400, drawn on January 18 6, 2009, was written by either Mr. Keeler or his 19 assistant, and deposited by Mr. Keeler or his assistant 20 directly into your account without you ever seeing the 21 check. 22 A That is correct. 23 Q And so the allocation between alimony and 24 interest on all of these checks, the child support, is 25 not something that you ever knew about or approved. Page 159 1 MR. CARUANA: Object to the form. These were 2 deposited in her account. She gets account information 3 from her bank. This is just crazy. 4 Q (BY MR. LORENZEN) The allocation between 5 alimony and interest is something that you did not 6 agree to or you weren't even told about, correct? 7 MR. CARUANA: Objection, leading. 8 Q (BY MR. LORENZEN) Cross examination. 9 A I don't understand your question. 10 Q You never saw that this $22,000 check was 11 supposedly for alimony, correct? 12 MR. CARUANA: Object to the form. 13 THE WITNESS: No. 14 Q (BY MR. LORENZEN) And on January 9, 2006, 15 Mr. Keeler was supposed to give you 35,000 for 16 alimony, correct? 17 MR. CARUANA: Object to the form. 18 THE WITNESS: That is correct. 19 MR. CARUANA: No amount was required in 2006. 20 Q (BY MR. LORENZEN) 2009. January 6, 2009, 21 Mr. Keeler was supposed to give you $35,000 in 22 alimony, correct? 23 A Yes. 24 Q What you knew from your bank was the total 25 amount that was deposited, correct? Page 160 1 A Yes. I never saw any check during all those 2 years. 3 Q The last page of this Composite Exhibit -- 4 I'm sorry, the next-to-last page of this Composite 5 Exhibit 10 appears to be an e-mail from a Josefina 6 Bracho. 7 Who was that e-mail from Miss Bracho sent to? 8 A John Keeler. 9 Q Was it ever sent to you? 10 A No, not that I remember. I don't see my 11 e-mail address here. 12 Q And so when this purports to say what was 13 paid and the allocation between alimony, interest and 14 child support, did you have any knowledge of that 15 claimed allocation between those different 16 sub-categories? 17 A No. 18 Q On the next page there is a spreadsheet about 19 payments allegedly made in the year 2009. Do you see 20 that? 21 A Yes. 22 Q Have you ever seen that document before? 23 A No. 24 Q And it says it was prepared by Josefina 25 Bracho on May 5, 2016 -- PORTER, WALKER & ASSOCIATES, INC. 41 (Pages 161 to 164) Page 161 1 A Correct. 2 Q (Continuing) -- at 11:41 p.m. 3 So this was just prepared a couple days ago. 4 A Yes. 5 Q And it was never produced to you prior to 6 this deposition. 7 A No. Actually, never. 8 Q Do you prepare your own taxes? 9 A Yes. 10 Q You prepare your own tax returns, or you have 11 someone else do them for you? 12 A I take all my documentation, I add all the 13 numbers, and this person files the taxes. 14 Q So you provide the necessary information and 15 you rely upon somebody else to prepare the actual 16 document. 17 MR. CARUANA: Object to the form. 18 Summarization of the witness' testimony. 19 MR. LORENZEN: Mr. Caruana, if you keep 20 objecting to the form, we're going to be here all day. 21 MR. CARUANA: That's right. I learned from 22 you. You did it all throughout my Direct. 23 Q (BY MR. LORENZEN) Now, it was suggested 24 --- To your knowledge, have you always actively 25 filed your taxes? Page 162 1 MR. CARUANA: Object to the form of the 2 question. 3 THE WITNESS: Every year. 4 Q (BY MR. LORENZEN) If it turns out that 5 there was an error with your tax filer, would you 6 file an amended tax return? 7 MR. CARUANA: Objection, speculative and 8 conjectural. 9 THE WITNESS: Yes. Actually one year I did 10 file an amendment. 11 Q (BY MR. LORENZEN) Mr. Caruana asked if 12 there was a tax lien from 2010, and you indicated 13 that you weren't aware of it. 14 A No. 15 Q I will represent to you that I have, while he 16 was asking the questions, looked it up on my phone, and 17 it appears that there is an $84,000 tax lien from 2010. 18 Before me telling you that, did you have 19 knowledge about that? 20 A No. 21 Q There is also apparently a tax lien from 2011 22 for $9,000-and-change. 23 Before me telling you that just now, did you 24 have any knowledge of that? 25 A No. Page 163 1 Q Before you moved into the house, where you're 2 living now, immediately before that, where were you 3 living? 4 A My sister's apartment. 5 Q Were you able to continue to live there? 6 A You mean if I didn't receive the house? 7 Q Yes. 8 A No. 9 Q How big is your sister's apartment? 10 A Three bedrooms. 11 Q Were your children living there too? 12 A They don't live in Miami. 13 Q Your children? 14 A Oh, my children, yes. 15 Q And were you living in that apartment -- let 16 me reword that question. 17 You used to live in a house on Mar Street or 18 avenue, correct? 19 A Correct. 20 Q And that was a very nice luxury house. 21 MR. CARUANA: Object to the form. 22 THE WITNESS: Yes. 23 Q (BY MR. LORENZEN) Was it on the water? 24 A It was on the water. 25 Q And that house was sold as part of a short Page 164 1 sale? 2 A Yes. 3 Q And when you moved from that house, did you 4 immediately move into your sister's apartment? 5 A Yes. 6 Q And were you able to stay in your sister's 7 apartment from the date of the short sale until you 8 moved into the house? 9 A Yes. 10 Q Were you at risk of being homeless, however? 11 MR. CARUANA: Object to the form. 12 THE WITNESS: Yes. 13 Q (BY MR. LORENZEN) Why? 14 A Well, because at some point I was not able to 15 stay in that apartment. 16 Q Did your sister want to have her apartment 17 back? 18 A They were coming for summer vacation. 19 Q Does John, Jr., have expenses that the Trust 20 does not pay for, such as food? 21 A I pay for his food. 22 Q Do you pay for other expenses for John, Jr.? 23 MR. CARUANA: Object to the form. 24 Q Besides food. 25 A Can I answer this my way? PORTER, WALKER & ASSOCIATES, INC. 42 (Pages 165 to 168) Page 165 1 Q Yes. 2 A Okay. What I have been doing is, with the 3 income that I have, organized my life based on that 4 income. That doesn't mean that we don't need things. 5 We need it but we don't have the money. 6 Q Describe for Mr. Caruana John, Jr.'s 7 disability so he has an understanding of how functional 8 John, Jr. is. 9 A He has Williams Syndrome. His heart 10 condition is typical of Williams Syndrome. He is 11 mentally delayed. He doesn't read, he doesn't write. 12 You have to know him in order to understand what he's 13 saying. He needs assistance with everything. 14 Even the dentist, on Monday, told me that I'm 15 the one that needs to brush his teeth. 16 When he goes to the bathroom, I need to be 17 with him, because otherwise he doesn't clean himself 18 well. He cannot be alone. He won't be independent. 19 He doesn't drive. 20 Q Realistically, do you expect John, Jr. ever 21 to be able to hold a regular job? 22 A No. 23 Q Realistically, does John, Jr. need a care- 24 giver around him 24 hours a day, seven days a week? 25 A A hundred percent. Page 166 1 Q Would you like to be able to hire a caregiver 2 to be around John, Jr., so you could have some time to 3 do something? 4 A Yes. 5 Q Do you have the ability to go out on a date 6 or go out drinking with girlfriends or anything else? 7 A No. 8 Q Why not? 9 A I don't have nobody to take care of him. 10 Q Do you have the money to hire a caregiver? 11 A No. 12 Q Does John, Jr. get all of the treatments that 13 are recommended for him? 14 A He's just playing sports until the day that 15 he got the arrythmia. He's not getting any therapy 16 or -- he's not getting any therapy. 17 Q Is he getting occupational therapy? 18 A No. 19 Q Does he get any physical therapy? 20 A No. 21 Q Does he get any psychotherapy? 22 A A what? 23 Q Psychotherapy from a psychologist? 24 A Oh, no. 25 Q Are any of those sorts of therapies Page 167 1 recommended for John, Jr.? 2 MR. CARUANA: Object to the form. No 3 foundation. 4 THE WITNESS: They always help. 5 Q (BY MR. LORENZEN) Your oldest daughter, 6 Andrea, is she in college currently? 7 A Yes. 8 Q Where? 9 A Babson College. 10 Q Has her tuition been paid for the semester? 11 A I have no idea. 12 Q Did Mr. Keeler threaten to not pay her 13 tuition unless she dropped certain pending claims that 14 she had? 15 A Yes. He sent an e-mail to her saying that. 16 MR. CARUANA: I'm going to move to strike all 17 this. There is another lawsuit that this is relevant 18 to, not this one. 19 She is over 18. He has no obligation to pay 20
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