Refer back to the beginning of this chapter to the excerpt from a Los Angeles Times article about Reed Slatkin’s fraud. The article insinuates that the FBI and IRS’s raiding of Slatkin’s office marked the beginning of the government’s investigation of Slatkin’s financial activities. In fact, Slatkin was under investigation for at least four years prior to the raid, and nearly a year and half previous to it , the SEC had already conducted a series of depositions featuring, among others, Reed Slatkin as a witness. Transcripts of two of these fraudsare available online: Open depo…jcm.!Jtm (Depo 1) and http://slatkinfraudcom/depo..Jeb.lltm (Depo 2). All page numbers refer to Depo I except as individually noted.
1. Page 1. Where was this deposition conducted?
2. Page 1. Name the three individuals representing the SEC.
3. Based on the chapter’s explanation of depositions, do you think these three are lawyers or SEC investigators(fraud examiners)?
4. Page 1-11. Using the explanation of discovery in the chapter, what is meant by “The abovee ntitled matter came on for hearing at I 0:12 a.m ., pursuant to notice”? (italics added) (A lso, see page 6·23 to page 7-7.)
5. Page 2. Another vital aspect of deposition is subpoena ducestecum, a written order that commands an individual or organization to produce case-related documents, which will often be used as evidence in the deposition or trial and are usually called exhibits. What two exhibits are presented in this deposition?
6. Depo 2, Page 2. Compare the number of exhibits used in Depo I to the number used in Depo 2. By the nature of the exhibits listed for Depo 2, why do you think the SEC employed so many more exhibits in the second part of the deposition than the first?
7. Pages 7-9 to 10-13. Quickly read over this discussion. Using the explanation of subpoenas in the chapter, why are the examiners so particular in their questions regarding the subpoenaed documents?
8 . Page 3. According to Mr. Dunbar, what is the purpose of this deposition, or “investigation”?
9. Depo 1, Pages 52-16 to 55-14; Depo 2, Pages 214-3 to 215-4. Quickly read over these discussions. Refer ring also to the chapter, describe briefly the role of Mr. Boltz, Mr. Slatkin’s attorney.
10. Pages 134 -14 to 137-17. Quickly read over this discussion . Keeping in mind that Mr. Slatkin handled investments for hundreds of “friends” but was not a registered investment advisor, and paying particular attention to Mr. Boltz’s “promptings” in this section, for what reason does Mr. Boltz apparently believe his client is under investigation?
11. Page 142-2 to 144-25. Throughout the deposition, both Mr. Slatkin and his interrogators reference NAA Financial, a Sviss institution housing most of Slatkin’s “friends’ money.” On a scale of 1-10, how confident is Mr. Boltz concerning NAA Financial?
a . When asked how he can be certain that NAA Financial is “good for the money,” how does he respond?
b . Is Mr. Boltz’s method of verification legitimate?
c. Has he personally made contact?
d . Who is Mitchell Axiall?