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1 (Pages 1 to 4) vavacooe coo, Tou ETTTIONERS FORIDENTIFICATION AOE ‘TAMARA VERDUGA TOPIC, ’ = ee eee ; 7 coe 2601 soutn bayshore Drive" 33 eniit No.2: Memorandum oflaw 52 Tuesday, Decenber 2, 2014 ' 14 10:08 a.m. a i $7 sien. 2: Copy ofapkin pent #5 7 es ih neste, 7 nensre unre nears nd teeey Gh esnitNo. 4 615-16 Sprshote 9 pursuant to Notice of Taking Deposition in the 1 prmanawors oe 2 SEEM cron : MARION TOMISLAW TOPIC : Soi Soak Baysioe Dive PH 3 was duly administered the following oath by me: Do 21 Souter De, + Sasser ora that he estinny you 1 nen > Kectogheitizenmestl othe Se fatto Pena © hole ong tthe? + mentee 7 eee WnINESe vee «Na Eig van) Sy CREST EXAMINA ey MR : 7 Miami, FL. 53130 10 Q. Please state your name. 4 ee eagles Z 12 ‘T-O-M-I-S-L-A-V, Topic, T-O-P-I-C, Granados, eee ceeenes a oo 14 Q. And your date of birth, please. a ‘TAMAR VERDUGA TOPIC 1s A. March 18, 1957. u 16 Q. And you are a citizen of Ecuador? : yee ee 18 Q. You have an Ecuadoran passport? pr 20 Q. Do you hold any other passports? No wns mect choss 2. Whats yourresdec alsin : Sawer 3 anv toss. av ron ae vila No.8 Laguna Do 28 (By Mr. Caruana) 4 = 8 ‘Samborondon. PORTER, WALKER & ASSOCIATES, INC. 2 (Pages 5 to 8) Page 5 Page 7 a Q. And how is that property ttle, sir? a Prior to any transfer of stock — 2 A. I'm sorry, what do you mean? 2 A. haven't done any transfer. 3 Who owns it? 3 Q. So are you the hundred percent owner of 4 A. Accompany. 4 Telconet directly oF through entities? : Q. What company? 5 MR. VILAR: Objection to the form of the 6 ‘A. That property is under a company. 1 © question. 7 don't remember the name exactly. Leo something, 7 ‘A. No, tm not. 2 Q. When did you first take occupancy of : Q. Who owns Telconet? 9 Villa No. 8 at Laguna Dorada? ° A. Two shareholders. 30 ‘A. Roughly a year ago. 10 Q. Who are they? u Q. December of 2013? n MR. VILAR: One second, Mr. Caruana, We 12 A. No, alittle bit more than that 22 have an understanding thatthe deposition is 13 Q. March of ~ 23° limited to jurisdiction issues; is that correct? ea A. No, no. Idon't remember the date. Let. 24 MR. CARUANA: The deposition is limited 35 methink, Around June pethaps or July. cannot 25 to all matters raised in your motion to dismiss, 16 {ell the date exactly. By occupancy, you mean to 16 including the affidavit of your client in support 27 go and live there? 17 of the motion to dismiss, that is correct. 18 Q. When did you move in? 18 MR. VILAR: The e-mail that I have from 19 A. Around June, July. 19 you says as to jurisdictional issues, correct? 20 Q. Where were you residing before that? 20 MR. CARUANA: Yes, raised by your motion 2 ‘A. In an apartment in La Puntilla 21 to dismiss. Now, you moved to dismiss on various 22 Q. Do you have an address? 22 grounds. 23 ‘A. No, not that I recall. 23 MR. VILAR: Correct 24 Q._ How long did you reside there? 24 MR. CARUANA: Subject matter, personal 25 A. Overa year. 25 jurisdiction, and you claim that because he's Page 6 Page 8 2 When did you lat reside with your wife? "supporting he, that we failed to state a cause of 2 ‘A. February 2013. 2 action. And our response to that in our memorandum 3 Q. When did you become separated? 3 offlaw to the Court is that, no, it has to be 4 A. February 2013. 4 support commensurate with the standard o 5 Q._ Where was she residing when you 5 and'so forth, So this goes to standard offi © separated? ‘ MR. VILAR: Are you intending to inquire a ‘A. Atthe marital home. 7 astoall ofhis assets at this time? 8 Q. And what isthe address of the marital ® MR. CARUANA: Not necessarily, just 3 home? 5 sufficient to show that the amount being paid is 2 ‘A. don't remember the address now. It's 40 not commensurate with the wife's needs based on the 22 in Olivos I. 11 standard that they enjoyed during the intact 2 'Q. Who owns the ttl to that property? 32 ariage. 2 A. A company. B MR. VILAR: Understood. a Q. What is the name of the company? wa ‘MR. CARUANA: That was a specific ground 15 A. Cerinsa, S.A, 25 that you raised in your motion to dismiss. 16 Q. Cerinsa S.A. And where was that company 16 MR. VILAR: That is correct. 17 incorporated? 7 MR. CARUANA: You said no cause of 18 ‘A. Idon't know. 18 action has been stated here because he was paying » Q. Who owns the stock of Cerinsa? 18 2,500 and then he increased it to 3,000 and then he a A. Teleonet 20 inereased itt 4,000, ityou recall 2 Q. Prior to the transfer to your son by a MR. VILAR: Yes. 22 your fist marriage, who owned the stock of 2 MR. CARUANA: So I'm just getting some 23 Teleonet? 23 background on the financial capabilities inorder = A. Ididn't wansfer stock to my son, What 24 to demonstrate that 4,000 per month is not even a 25 do you mean prior to the transfer? 25 4rop in the bucket compared to the financial I PORTER, WALKER & ASSOCIATES, INC. 3 (Pages 9 to 12) Page 9 Page 11 1 capability that exists and the lifestyle during the a Composite Exhibit No. 1: Motion to 2 marriage, 2 dismiss, for Identification.) 3 MR. VILAR: Alleging that's the standard 3 Q. Let me show you, sir, what has been 4 the Court would be required to look at, assuming, 4 marked as Petitioner's Exhibit | for 5 MR. CARUANA: Thats the law in the 5 identification. Its the motion to dismiss for © Third District. Quinones versus Quinones. 6 lack of subject matter jurisdiction, lack of 7 MR, VILAR: Correct, we are familiar 7 personal jurisdiction and failure to file a 8 withthe law, but I'm just saying her need is also & maintainable action under Florida law that you 3 apartioular =~ 3 caused your legal counsel or your legal counsel 10 MR. CARUANA: Of course all of those 30 filed on your behalf in this case. 11 factors enumerated in 61 are bona fide areas of. n Attached to this is your swom 12 inquiry ata discovery deposition, but lagree with 22 affidavit. Take a minute, show it to counsel, and 43 you thatthe scope ofthis examination and that of 22 tell me in fact if you can identify that as being 24 the wife is limited tothe matters raised in your 14 your motion to dismiss in this cause, which 15 motion to dismiss, which were subject matter, 25 includes your affidavit of Marion Tomislav Topic. 16 personal jurisdiction and failure to state a cause 16 AL Yes 17 of action. I agree. ” And you recall signing this affidavit 18 MR, VILAR: I would agree with that. 28 after first being placed under oath? 19 MR. CARUANA: Ido acknowledge that that 22 A. Yes 20 was our agreement. 20 Q._ And tum to Page 4, please, sir, of your a MR. VILAR: Okay. 21 affidavit. Is that your signature? 2 MR. CARUANA: And ifyou feel Im going "22 A. Yes. 23° beyond the scope, let me know and I'l reconsider. 23, Q. Did you read the paragraph in bold face 24 MR. VILAR: Okay. 28 of your signature at the time you signed it? 25 MR. CARUANA: I'm just trying to 25 ‘A. There is one paragraph, yes. Page 10 Page 12 2 determine ina general way to inform the Court your Q._ Would you read that outloud for me, 2 client's background, his financial interests, and 2 please? 3 toshow that they had a standard of living which is; 3 ‘A. understand that lam swearing or 4 not now being met. 4 affirming under oath tothe truthfulness of the ‘I MR. VILAR: Okay. 5 claims made inthis affidavit, and thatthe 6 MR. CARUANA: And it will be for another 6 punishment for knowingly making @ false statement |! 7-day an intensive examination as to assets, whether _-?-_—_includes fines and/or imprisonment. 8 they are marital or not, whether they have been 8 ‘Q._ Now, please turn to the numbered 9 dissipated or not, or conveyed. 5 paragraphs. Look at Paragraph 3. This isthe 30 For example, | have certain information 10 property that you described in your testimony 11 that his son received 30 some percent of Telconet_ ° 11 earlier this morning that you're now residing in; 12 forsix million dollars book value at a certain 12 isthat correct? 23 point in time recently, relatively recently. 3 A. That's correct «4 He's just denied that. 1 don't know 4 Q._ And it's owned by a company and you 35 that we need to get into that given the scope of 15 donit remember the name, but it’s Leo something? 26 today’s deposition, but his answer intrigues me, so 16 A. Yes. 17 may want to pursue that just because of the ” Q._ Do you own any interest in the Leo 18 response he gave, 1 something company? a9 But let me finish, and ifyou think I'm 1s ‘A. No, Edont. 20 exceeding the scope, alert me and well decide 20 Q. Who docs? 21 whether to agree or not to agree 2 A. Teleonet does. 22 MR. VILAR: Agreed, 2 Q. So Telconet is the owner of Villa No. 8? 23 MR. CARUANA: ~- on the scope issue. 2 A. Yes. 24 But Ido acknowledge an agreement as to scope. 2 (Q._ And what was the fair market value of 25 (Thereupon, documents were marked 25 Villa No. 8at the time you acquired it? PORTER, WALKER & ASSOCIATES, INC. 4 (Pages 13 to 16) Page 13 Page 15 2 ‘A. I don't know the fair market value. 1 _justa simple nondisclosure agreement among the 2 Q. What did Telconet or Leo something pay 2 ‘parties and the attorneys which would protect and. 3 forit? 3 still allow the process to go forward. 4 ‘A. Wehave an NDA signed withthe previous 4 ‘That's @ proposal if we get into any 5 owner, 5 sensitive nature. We may not, and this particular « Q. Imsony? © issue is not an issue, but there may be other 7 A. NDA isa nondisclosure agreement. 1 7 matters. © understand we have an NDA with the previous owner. Q. What was the purchase price of Villa No. ° (Q. Itdoesn't matter because you're under se 20 process here and you're under oath. Soyour lawyer 20 MR. VILAR: Please mark this part in the 11 can designate this portion of the transcript as 21 transcript, 32 confidential under our rules and that would protect 2 ‘A. Understand, this is confidential 23. you under your nondisclosure agreement with 23 information as requested by the previous owner. 14 whomever you say you have it with 34 ‘The purchase price was around 900,440, 945,000, 15 MR. VILAR: May Ihavea minute with my 25 Q. US. or Ecuadoran money? 36 client? 16 A. USS. dollars, which was the actual v MR.CARUANA: Ofcourse. You want met 17 ‘Ecuadoran money. 18 step out? 8 Q. Isthere a mortgage? 19 MR. VILAR: No. 19 A. Atthe home? 20 (Off the record.) a Q Yes. a MR. VILAR: Counsel, my client indicates 22 A. No. 22 inthis particular matter there wouldn't be a = Q. So-cash was pit? 23. problem designating this portion of the transcr A. Cash was pai 24 BS confidential so he's notin volation ofthe a ba Q._ Did you make any improvements to Villa 25 nondisclosure agreement; however, he does have - fo. 8 in Laguna Dorada? Page 14 Page 16 1 other nondisclosure agreements for other matters 1 A. Yes 2 that have sensitive information, and if we get 2 Q. Did you make any improvements? 3. involved in that, any of those questions regarding > A. Yes. 4 that mater, we would have to maybe address that n° 4 Q. Were these financed by Teleonet? 5 adifferent way. 5 A. Yes. s Maybe we can have an agreement that a 6 (Q._ And what is the approximate value of the 7 nondisclosure agreement will be signed by the 7 improvements made at Laguna Dorada? © parties and the attorneys to protect his legal 8 ‘A. This is @ guess, 200,000, 8 rights and not expose him to any liability. 3 Q. Did Telconet acquire this property a0 MR. CARUANA: I think the law is fairly 10 before or after the separation? 21 clear that private nondisclosure agreements do not © 22 A. After. 22 control over processes of the Court and testimony 32 Q.. Were any legal proceedings filed by 33, under oath, so I don't want to get into it with you -23._—_either party for dissolution of your marriage or 4 how. 14 distribution of marital assets atthe time Telconet 15 Let's just wait and see if | ask him 25 acquired through an entity the Laguna Dorada Villa 18 anything that's subject to that type of an 26 No.8? 17 agreement. But atthe end ofthe day, he's here y ‘A. Before — wait a minute. No. 18 under a notice of deposition ina pending action in. 28 Q. Does anyone reside there with you, sie? 18 Dade County, so he's required to answer. 19 A. Yes 20 ‘Nondisclosure agreements are private 20 Q. Who? 21 contacts and cannot trump the process of the 2 ‘A. Mytwo sons 22 Coun. 22 Q. And what are their names? 23 MR. VILAR: It just may expose him to 23 A. Jan Tomislav Topic Feraud and Goran 24 tiabilty in Ecuador, and the way we can resolve 24 Andjeleo Topic Verduga. 25 this without extreme measure to either party is 25 QAndjeleo is your son with Tamar? PORTER, WALKER & ASSOCIATES, INC. 5 (Pages 17 to 20) Page 17 Page 19 1 A. Yes. 1 were personally served? 2 Andis it Jan? 2 ‘A. AtDadeland Mal in Mian 3 A. Jan, 3 Q. Miami-Dade County, Florida? 4 Q. That isa son you have witha prior ‘ A. Yes. 5 spouse 5 Q. And who was with you besides your son, 6 A. Yes. © ifanyone? 7 Q. = is that correct, sir? a ‘A. Nobody else 8 AL Yes. 8 Just you and your son? 9 Q. And how old is Jan? 9 ‘A. No. My son was not with me. 10 A. 31. 10 @ You were alone? u Q. And how old is Andjelco? a A. Yes n A 2. 2 Q Returning to Composite Exhibit 1, that aa Q. Does Andjelco attend Lynn University in 13 states, among other things, that you and 14 Boca Raton, Florida? 14 Ms. Verduga Topic were married in Dade County, 15 ‘A. No, he's not. 15 Florida on December 16, 1991; is that correct, sir? 16 Q. Ise scheduled to do so? as A. Yes. v7 A. Yes, v And in Paragraph 19 you state, quote, we 18 Q._ Was he admitted to the institution as a" 18 have never lived in Miami, Florida or inthe United 19° student? 19 States, close quote, 20 ‘A. Very recently, three weeks ago. 20 ‘A. Yes 2 Q. He had applied for admission? n Did you ever reside in a residence in ee A. Yes, as well as to many others. 22 Dade County, Florida together with your wife after ce Q. And he's made a decision which one he 23. December 16, 1991 which was not a motel or a hotel 24 will attend, sit 24 orthe like? bie A. Three weeks ago, yes. 2s A. Never as a resident. Page 18 Page 20 1 Q. And please tell us what that decision 1 Q. I didnt ask if it was as a resident. 2 was 2 Ym ust saying, did you ever physically stay ina 3 ‘A. He wants to come to study to Lynn 3 home or an apartment that was nota hotel with your 4 University. 4 wife in Dade County, Florida after you married her? 5 Q. In Boca Raton? 5 MR. VILAR: Objection tothe form of the 6 A. In Boca Raton. © question 7 Q._ And were you in Florida in August 7 ‘A. We stayed asa tourist at her father’s & together with your son? ® apartment in Hialeah sometime. 9 A. Yes. ° Q. Anywhere else? ae Q._ And at that time, do you recall in 0 A. Atsometime we stayed ata friend's 21 August being personally served with the current 32__—house in Flagler as a tourist. 22 petition for support unconnected with divorce? 32 Q._ 650 Northwest 122nd Court, is thatthe B A. Yes. 33° address for your feiend's house? M Q. And that occurred on August 13,2014 at 14 AL 6502 25 approximately 5:30 pam.s is that correc, sir? a5 Q._ Yes, 650 Northwest 122nd Court, a A. No. 16 Miami-Dade County, Florida. Is that the address of u Q. When was it? 17 the house ofa friend that you sometimes stayed at ae A. Itoccurred on August 13 at 2:30 28 in Dade County, Florida, according to your 29° something, I think. 39° testimony, after you were married to Ms. Verduga 20 Q. Pim? 20 Topic. a A. Yes. 2 A. No. 22 Q. Easter standard time? 22 Q. What was the address of that friend's 23 A. Yes. [can't tell you the exact hour, 23 house? 24 but it was not at 5:00 24 ‘A. Idont remember. It was 7th Lane, way 25 Q. That's fine, Where were you when you 25—_tothe west. I don't remember. PORTER, WALKER & ASSOCIATES, INC. 6 (Pages 21 to 24) Page 21 Page 23 a Q. Who is Ricardo Rivera? a Q__ What were the circumstances that led to 2 A. A fiend of mine. 2 that interaction? a Q. Did you ever tell your wife that you and 3 A. We were just talking & Ricardo Rivera were partners and owned the home at # Q. Where did you meet? 5 650 Northwest 12nd Court in Miami-Dade County, 5 A. With Ricardo Rivera? © Florida at any time after your marriage to her, 6 Q. Yes, the location. Where did you meet 7 si? 7 him? 8 A. No. 8 MR. VILAR: Objection tothe form of the 9 Q. Did you and she, at any time after your 3 question. 10 marriage in Dade County, Florida, stay, whether as 10 ‘A. Yesterday 21a tourist or in any other capacity, atthe property a MR. CARUANA: I'm sorry, did you object? | 12 located at 650 Northwest 122nd Court, Miami-Dade 12 MR. VILAR: Objection tothe form of the 13° County, Florida? 23, question. He didnt say that he met, so if you u ‘A. No, Itwas not at that address. 14 want to seta proper predicate. as Q._ Who was the friend that you were 3 Q._ Did you say you spoke to him yesterday? 16 referring to in your testimony earlier that you a6 ‘A. Yes. You asked me if I interacted with 27 stayed in his place in Florida of after you married. 27 him, and I said yes, 28 Ms. Topic? ® Q._ Was that by telephone or in person? 19 ‘A. Tm sorry can you repeat that? Which 9 A. No, it was by message. 20 part of my testimony did I say who was the friend? 20 MR CARUANA: Ibeg your pardon. Your 2 . You said you stayed ina friend's house 21 objection is well-taken and I withdraw the 22 on Flagler. 22 question 2 ‘A. Oh. 2 Q. So have you ever owned, either 2 Q. Who was that friend? 24 individually or through an entity in which you had 25 A. Ricardo Rivera. 25 an interest, any residential property in Dade Page 22 Page 24 2 Q._ And did you and Mr, Rivera, either 2 County, Florida with Mr. Rivera or an entity that 2 through entities or individually, together own an 2-—_=he owned or controlled? 3 interest in a residential property in Dade County, 3 A. No. 4 Florida at any time, sir? 4 Q. You do not recall the address ofthe 5 ‘A. No. 5 residence of Mr. Rivera that you stayed in with 6 Q._ Did you sell your interest in a © your wife in Dade County, Florida? 7 residence to Ricardo Rivera? 7 ‘A. [recall it was 7th Lane and very far to 8 A. No. 8 the west. ° Q._ Did you ever tell your wife that you 3 Q. West Dade County or West Flagler Street? 10 sold your interest in a home on Flagler Street to. 10 A. West Flagler Street. 3 Ricardo Rivera? a Q._As far west as 122nd Court, or does that a2 A. No, 22 not mean anything to you? a Q. Is Ricardo Rivera friends with the 2 A. Around there. 14 vice-president Jorge Glas in Ecuador? a Q. Around there? as ‘A. Yes, it’s his uncle. a A. Yes, very fat. It was very far a6 Q. Oh, he'sa relative, Isee. Wheredoes 6 Q. Was that an apartment or was that a 27 Mr, Rivera reside, in Ecuador? 27 home? 18 ‘A. suppose so. 8 ‘A. Itwas a townhouse. I don't know how a9 Q_ You don't know? 29 they call them. 20 A. I'm not sure. 20 Q. Townhouse. 2 Q._ When is the last time you had any 2 ‘A. Maybe townhouse. It was not an 22 interaction with Mr. Rivera? 22 apartment, 2 ‘A. Yesterday. 2 Q._ Do you know where Mr. Rivera resides ae Q._ And what occasioned that? 24 now, sit? 25 A. I'm sorry? 2 ‘A. No. Lunderstand it's in Ecuador. 1 PORTER, WALKER & ASSOCIATES, INC. 7 (Pages 25 to 28) Page 25 Page 27 2 don't know where he ives or where he resides. a Q. Is it more than 50 million? 2 Q. When you interacted with Mr. Rivera 2 A. No. 3 yesterday, was he, to your knowledge, in Florida or 3 Q._ So you would sell it tomorrow for less 4 out ofthe State of Florida? 4 than'S0 million? 5 ‘A. Oh, he was in Florida 5 ‘A. Well, it's not my company. 6 Q. He was in Florida? 6 MR, VILAR: Objection to the form of the | 7 A. Yes 7 question. Its argumentative. Again, if you want a Q. Do you know if Mr. Rivera yesterday was © -—_‘toask him about a value, ask him about a value, 9 in Dade County, Florida? 3 bute 10 A. Yes. 30 MR. CARUANA: I did. He said he didn't n Q._Do you know where he was yesterday in. 32 know, 12 Dade County, Florida? 2 Q. Do you own any interest in Teleonet? 2 ‘A. No. At what time? 3 A. Yes. 4 When you interacted with him. uM Q. How much do you own? 8 A. No. as A. Around 30 percent, 16 Q._ Did you have dinner with him? a6 Q._ Did you ever own more than 30 percent? |! " A. No. v A. Yes. 18 Q._ Where are you staying for this trip, in 38 Q. What's the highest percentage that you 38 ahoiel? 29 owned, the largest percentage at any one time of 20 A. Yes. 20 Telconet? a Q Ion need to know the location a ‘A. A hundred percent, 2 MR. CARUANA: We have a stipulation that 22 Q_ Soat one time you were a hundred 23° there will be no service on your client when he's 23 percent owner? 24 here for this deposition. biel A. Yes. 2 MR. VILAR: That's correct. 28 Q_ But now you're a 30 percent owner? Page 26 Page 28 L Q Isanyone accompanying you on this trip, 2 A. Yes 2 Mr. Topic? 2 Q._Did you convey any shares in the entity a AL Yes. 3° toany famity members? « Q. Isit one of your children? ‘ ‘A. What do you mean by convey, if may 5 A. No. 5 ask? 6 Q. InParagraph 18 of your affidavit, which 6 Q Imean transfer, assign, sell, deliver 7 is part of Exhibit |, sir, you state that you are Z A. No, ® currently employed in the Internet business in 8 Q._ Did you convey, transfer, assign, sell 9 Ecuador. 3 23.76 percent of the shares to Jan Tomislav Topic 10 A. Yes. 40 Feraud, your son? a Q Telconet is in the business of providing, 22 ‘A. No. And may I elaborate, because 22 connectivity to the Internet in Ecuador? 22 apparently you're not aware of it aa A. Yes. B Q. Yes, sir. uM Q._ And would it be fair to say that the a A. My shares are numbered from, and I will 25 book value of Telconet last year was 152 million? 29 say this as an example, from one to one million 16 A. No. 36 shares. Teleonet was in need of capital, so there a Q. $152,657,535.82, was that the book value 27 was an increase -- 18 of Telconet in 2013 according to its own ae ‘Q. That there was authorized shares that 19° publications? 29 were issued that diminished you; is that what 20 A. No. 20 you're going to tell me? 2 Q._ What isthe book value of Telconet? a ‘A. May [ finish, please? 22 A. [don't recall, but it's not that 2 Q Yes. 23° number. 23 ‘A. Sowe increased the capital, and here 24 Q Isit more than @ hundred million? 24 came some other person, and the shares were 2 A. No. 25 increased. Formerly was from one to one million, PORTER, WALKER & ASSOCIATES, INC. 8 (Pages 29 to 32) Page 29 which were mine, and they were never conveyed, transferred, given or sold. They have always been mine. There were issued new shares. ‘New shares were issued? Yes, and he acquired. Your son? Yes, those shares, Where did he get the six million? ‘The six million dollars? Yes. MR. VILAR: Objection to the form of the question ‘A. Where did he get? Q. Your son, he doesn't have any money. Did you give him the six million dollars? A. No. Where did he get it? MR. VILAR: Same objection to the form of the question. ‘A. He undertook a loan, Q. Who did he borrow it from? ‘A. cannot say, but it was not me. Q._ You cannot say because there was some nondisclosure agreement? A. Yes. Ororore MR. CARUANA: Well, the procedure for that would be you would have to submit the ‘agreement to the Court. I don't think we're atthe point where we need o litigate this yet, but I reserve the right to get into this asa dissipation ‘of a marital asset issue ifand when we are ever at that point. I don't want to beat a dead horse today. MR. VILAR: Would that be fora divorce? MR. CARUANA: Well, it would be forall purposes connected to this litig uding ability o pay. And ultimately, yes, ifthese parties were involved in a divorce proceeding, that ‘would be a dissipation argument that would be made, dissipation of marital assets. We are not there yet, but still wanted to know what basic elements of the transaction were, And as I understand Mr. Topic, he's saying there were additional shares that were authorized ‘and then issued as a form of capitalization, loan transaction, that resulted in his son borrowing the _money necessary to acquire those shares, which in effect served to diminish the percentage holdings cof your client in the company. ‘Tha's what I understand his testimony to be. Page 31 Sit, I would like to take a short break, maybe five minutes. THE WITNESS: Okay. (Thereupon, a short break was taken after which the following proceedings were had.) BY MR. CARUANA\ Q._Again, following up on Paragraph 18 of your affidavit, which is Exhibit 1 for identification, the Internet business in Ecuador, does that include the optic fiber network business? ‘A. You can say that, yes. Q. Does Telconet owned Megadatos, S.A.” A. No. Q. What isthe business of Megadatos, S.A.? ‘A. ItsellsIntemet to residential customers. Q. Does Telconet have a company that deals with the manufacture of optic fibers for connectivity? ‘A. We have some suppliers of fiber optic cable, yes. Q._Isthere an optic fiber factory in Beuador? A. No. Page 32 You say in your affidavit that you do not engage in any business activities in the State of Florida. ‘A. That is correct. Q Have you ever? ‘A. When I come here, buy things and take it back home, like personal stuff. So like I don't know ifthat means engaging in business. Can you please clarify your question? Q. Tm not asking if you buy personal effects and take them back to Ecuador. I'm asking ‘you whether you have been engaged in Florida in any business activites, either individually or through an entity ‘A. Ive hada company to buy things in Miami and ship it back to our country. Justa ‘minute. I think that was before marrige, yes. 1 do not conduct any business in Florida and I don't recall ~ that company bought equipment and shipped itback to Eeuador. We didn't have any presence here or employees here ‘Was that an export company? Kind of ‘What was the name of it? Data Transfer. rere PORTER, WALKER & ASSOCIATES, INC. 9 (Pages 33 to 36) Page 33 Page 35 a Q Data? a MR, CARUANA: He can say that, 2 A. Transfer, [think, That was 30 years 2 MR. VILAR: All right. 3 ago.or something. 3 Q. Have you or Telconet Holdings had any ‘ Q. During the marriage to Ms. Verduga 4 interest in Inmobiliaria Leonortes, $.A.? I 5 Topic, did you ever cause any companies to be 5 betcha that's the company that owned your Villa No. © incorporated inthe State of F oe i“ A. Yes. 7 A. Yes, it was Leonortres, yes. 8 Q. How many companies have you caused tobe, Q. So Inmobiliaria Leonortres, S.A. owns 8 incorporated in the State of Florida? $ the property in which you reside in Ecuador? 10 ‘A. That I have caused, two or three, 10 A. Yes. n Q. Are you a director of La Fiber Optic n Q._ And who owns that company? 22 Limited? 2 A. Telconet, a A. La Fiber Optic Limited? 3 Q. Who caused Tetconet to have Inmobiliaria «4 Q Yes. 14 purchase that home? 18 A. Not that I'm aware, La Fiber Optic 18 ‘A. That was board of directors meetings who 16 Limited? 16 decided for the purchase. v Q. Have you ever had any interest in nv Q. Board of directors of which entity? 18 Rangioto Nominees Limited? 18 A. Of Telconet. 19 ‘A. No. 19 Q. Who's on the board? 20 Q. Have you had connection to Fiber Home 20 ‘A. Many persons. 21 Telecommunication? 2 Q. Are you on the board? 22 ‘A. No, not that Pm aware. You mean if 2 A. Yes. 23 they have sold us something, I don't know. 2 Q._ So why would Teleonet's board buy a 24 ‘Q. You don't know? 24 house for you to live in? 2s ‘A. If maybe he has been a supplier, but not 25 ‘A. Itdid not buy a house for me to live Page 34 Page 36 1 asadirector, stockholder or something, no. 2 in 2 Q. No business relationship other than 2 Q. Are you living in the house? 3 perhaps purchasing optics? 3 ‘A. Yes, but that was not the main purpose. 4 ‘A. No, not even that I'm aware of. ‘ Q. Who selected the house for acquisition s Q. When I say you, I mean you or Telconet 5 by Telconet? & or any companies that you may have an interest in, & ‘A. My son and me, my oldest son and me, and 7 not just you the person. 7 also my middle son, Andjelco. 8 MR. VILAR: Counselor, just to clarify, 8 ‘Q. That's where the three of you live now? © Trmnot sure my client understands it. Are you 3 A. Yes. 29 including in the definition of a business a0 Q. So do you pay any rent to Inmobiliaria 24 relationship the potential ofa subcontract 11 orto Teleonet for living there? 22 relationship of purchase of items, because Tmnot 12 ‘A. It’ provided by Teleonet for us to live 23. sure ifthats included. You might want to clarify 22-—_in as ~ how do you translate that? Can't answer a4 that uM Q. Can't answer? as MR. CARUANA: I'm trying to determine if 15 MR. VILAR: I can't answer your 26 he has an interest, not whether he's a vendee, 26 questions. If you don't know ” MR. VILAR: So maybe the question should 27 ‘A. [don't know how to translate how 18 be interest or director or shareholder or ownership 1° Telconet pays for itor how Teleonet provides it 19. interest or management rather than a business 28 forus. Representation expenses, I don't know. 20 relationship that may 20 MR. VILAR: The client is having a a MR. CARUANA: But ifhe gives me the 21. lfficult time in translating from his 22 answer, then [can follow-up. I'm trying to make 22 understanding in Spanish to English. 23 itas broad as possible, 2 ‘A. Idon't now the exact wording in 2 MR. VILAR: Buta business relationship «24 English, 25 could include him having ~ 25 ‘Q. Isyour living in Villa No. 8 part of PORTER, WALKER & ASSOCIATES, INC. 10 (Pages 37 to 40) Page 37 Page 33 2 your compensation from Telconet? a Q. Is that a company owned by Telconet? 2 A. No. 2 A. Its partially owned by Telconet. 3 Q. Are you a U.S. taxpayer? 3 Q. What is its business? 4 A. No. ‘ A. They install and maintain 5 Q. Doyou realize any income from the U.S? -5_telecommunication infrastructure. 6 A. No. 6 Q. They install? 7 Q. Does any fiber optic company in which 7 A. And maintain, yes. © you have an interest originate in Jacksonville, 8 Q._Are you sometimes referred to as the 8 Florida and provide cable from Jacksonville to 3 king of the Intemet in Ecuador? 10 Beuador? 10 MB. VILAR: I'm going to object to the n A. No. 21 form of the question. Is that anywhere in the 2 Q. Does Teleonet have any interest in 22 affidavit, counsel. 13 Security Data Seguridad en Datos y Firma Digital, 13, Q. Can you answer, sir? MSAD a A. Not that I'm aware, 8 A. Yes 6 Q. Youre not aware of that? 16 MR. VILAR: Counsel, how fardo we want 26 A. No. 27 to go into the all the business interests of this v Q._ What is Econocompu, $.A.? 28 corporation? Again, our understanding is that we 28 MR. VILAR: Counsel, you're asking about 29 havea limitation as to the scope forthe specific 29 multiple corporations, none of them are mentioned 20 issues of jurisdiction, subject matter, support and 20—_in any of the pleadings and they're not an issue. 21 wife resideney arguably. 21 [think you're getting beyond the scope of our 22 So I'm inquiring as to the amount of 22° understanding. 23 questions and how far we want to go down this road, 23 MR. CARUANA: So you're objecting? 24 MR. CARUANA: Listen, Ijust read from 24 MR. VILAR: Yes. 25 hisaffidavit and then asked him some follow-up 25 MR. CARUANA: I reserve the right to Page 38 Page 40 2 questions, one of whichis, I found out that he's return to the subject matter at a later time. 2 living in a million dollar house that the company 2 Q._ Your affidavit says that you're 3 provides and he doesn't pay rent. 3 supplying health insurance to your wif; i that 4 So I think it's relevant to the 4 correct?” 5 lifestyle issues and his ability to pay. This is 5 ‘A. L supplied health insurance until April © nota fishing expedition. It's directly relevant. © or June where she specifically asked me not to do 7 Is from his affidavit. He filed this affidavit 2 8 in Dade County, Florida. 8 Q. When did you cause her health insurance 3 I'm entitled to follow up, so I'm going 3 tobe canceled, sit? 10 to goas faras I need to to determine whether the 10 ‘A. Around April or June in 2014 when she 11 information in the affidavit is complete. 11 specifically asked me to cancel it 2 Q. What isthe business of Security Data? 22 Q. When did you terminate her cell phone a3 A. They provide digital certificates to the —-13__service or cause her cell phone service to be a4 public. 14 terminated? | as Q. What? a5 ‘A. Beginning of September or end of August a6 A. Digital cenficates. 162014. a Q. We've talked about Cerinsa, S.A.,and 17 Q. Look at Paragraph 26 of Exhibit 1, which 28 you've explained that that entity, which is owned 18 is the motion you have in front of you. 39 by Telconet, owns one of the properties that in 19 ‘A. Not in my affidavit? 20 your affidavit you said the wife has the exclusive 20 Q. The motion that you filed in the Court 21 Tight to live there, 21 Page 4, Paragraph 26. Would you read that out 2 ‘A. That is correct. 22 loud? 2 Q. What about Net Speed, S.A., what is 2 ‘A. The husband pays for the wife's cell 24 that? 24 phone as well as her health insurance. 25 25 ‘A. What is the company? Q And the date of this document is PORTER, WALKER & ASSOCIATES, INC. 11 (Pages 41 to 44) Page 41 Page 43 1 September 24, 2014; is that correct? : Q. Is there any writing that says that? 2 AL Yes 2 Can you point me toa piece of paper that says I, 3 (Q._ Was it true that the husband pays for 3 Telconet, authorize ~ what is the name of the 4 the wife's cell phone as well as her health 4 second one? 5 insurance atthe ti 5 ‘A. Cerinsa © Court, sir, was it true? 5 Q. = Cerinsa to give this lady exclusive 7 ‘A. Tim checking on the dates. I don't 7 use and possession ofthis property? Any piece of 8 remember the day exactly. I pay her cell phone paper anywhere on the planet that says that? 2 until September 2014. I don't remember the date 2 ‘A. No. It was verbally approved by 10 exactly. 30 Teleonet to give her the use ofthis. u Q. It's not true today that youre paying a Q. Were you still taking? 32 for her cell phone or her health insurance, isi? 2 A. Yes. a ‘A. I's nottrue what? rr QL apologize, go ahead. a Q. It’s not true today that you're Mu A. Teleonet provided that right to 15 paying - 15 _use~ exclusive use and possession ofthe marital 1 ‘A. Yes, i's not tru that today I'm paying 36 home. 27 forher cell phone and her health insurance. ” But its not in writing? w . Did you stop paying forthe cell phone 28 A. Not that I'm aware 28° and the health insurance as punishments because she 39 Does she have apiece of paper that she 20. asked the Florida Court to award her alimony? 20 ean show the authorities if they come by and say a MR. VILAR: Objection to the form of the 22 -—_under what authority are you inthis house, does 22° question. 22 she have a document that says this is the owner, 23 A. No. 23 and the owner is owned by this other company, and 24 Q._InParagraph 25 of this same document, 24 these two companies say I can stay here; does she 25 you ell the Judge here that the wife has exclusive 25—_~ave any paper that says that? Page 42 Page 4a 2 useand possession of the marital home in Ecuador. ‘A. don't now. You have to ask her. 2 which has no mortgage. Who owns that home? 2 Q._ Did you provide it? You are the one who a ‘A. Cerinsa. 2 arranged for all this. Did you provide her such a « Q._ Has that company ever issued any 4 paper? 5 authorization for the wife to have exclusive use 5 A. No. © and possession? 6 Q._ So she doesn't have any rights that she 7 ‘A. That company particularly, no. 7 can enforce, does she, in that property? 8 Q. Do you control Cerinsa? ® ‘A. Oh, she has rights ° A. No, I dont. 3 Q. How can she enforce them? 10 How can you give someone exclusive use 20 A. She has full possession of the house. 11 and possession ofa home owned by Cerinsa ifyou 21 She has the keys to the house. She's been living 12 don't control Cerinsa; how is that possible? 22 allthis time in the house up tothe fact that she 3 ‘A. Cerinsais controlled by Teleonet. 1 23 doesnt let anybody else enter if she doesn't want 34 askTelconet to give her complete use and exclusive 24 to, She has maids there, she has cars there, she 15 use and possession of the house. 25 has her possessions. 16 Do you control Telconet? a6 Q_ You fired the maids, didn't you? "7 A. No. nv MR. VILAR: Counsel, hold on. I just 18 ‘Q. Well, what enforceable right does she 28 ask ifhe'sstill answering a question, before you 29, have to go against two companies that you claim you 22 ask another question, if you allow him to finish, 1 20 don't contol that own this property that you claim 0 would appreciate it. 21 she has the exclusive right to use? a MR. CARUANA: He's not answering my 22 A. Because Teleonet authorized her, 22° question. 23 authorized the use as her exclusive use. 23 MR. VILAR: He's trying to answer your 2 Q. Atyour request? 24 question the best he can. 25 AL Yes. 25 Q._ Did you fire any maids? PORTER, WALKER & ASSOCIATES, INC. 12 (Pages 43 to 48) Page 45 A. No. Q._ And what ifthe house needs repairs? How does the wife get the companies to finance any repairs or maintenance or make sure the power is rot shut off and the water service is not shut off; how would she do that? ‘A. She was receiving support and she was paying as it, as has always been the case for 20 yeats, those expenses out of the support she was receiving. Q. Soifit needs a new roof, she has to pay for the new roof of a house that's owned by ‘companies that she doesn't have any control over, Telconet and Cerinsa? ‘A, Major improvements before the separation ‘were performed and were paid by us, yes. Q. By you personally? A. No, by us. Q. By who? A. Us, the marital couple. Q_ You spent your money on property owned by companies? ‘A. Yes, for improvements. Q. But now you're separated. A. Yes Page 46 So you're not paying her for any improvements that need to be done in that property, are you? ‘A. No. Q. And what about this other claim that you say here that she has exclusive use and possession ‘of the beach apartment; isthe beach apartment ‘owned by the two of you? A. Yes. Q_ And do you know that the utility service to the beach apartment was terminated? A. No. Q. You're not aware ofthat? ‘A. She mentioned me at sometime during the separation, and I told her that, as usual, she had to pay out of her support money. Q. You told her that she had to pay for electricity and water service to the beach house ‘out of the $2,500 you were giving her? ‘A. No, out ofthe $4,000 I was giving her because -- may I finish? By the time she told me that she needed to pay electricity, she was receiving $4,000. Q. What about the condominium association fees, arent they past due forthe beach apartment? n a a3 v we 19 20 a 22 23 24 25 9 10 n 12 a3 u“ 1s 16 av 16 19 20 2 22 23 24 25 Page 47 ‘A. don't know. You don't know they're past due? A. don't know. You don't keep track of your assets and whether they have obligations? MR. VILAR: Objection, asked and answered, Q. You don't care anymore because she's there, do you? ‘A. She has exclusive use rights. She's the ‘one who handles it. Q. How much are the association fees? A. [don't remember. Q. How past due are they? A. [don't know. Q. How long have the water and electricity been cut off atthe beach apartment? ‘A. Tdon't know. Q_ Now, you didn't pay any amounts in August or September of 2014 for support, did you? ‘A. [didn't pay any amount? Q No. ‘A. I'msomry, can you repeat that question? Q._ Yes. You did not pay in August any ‘$4,000 support for your wife, did you? ‘A. August of which year? Q 2014, sir. A. Oh, yeah, I did pay Q. In August? A. Notin August. . Did you pay it A. Butihe amount due for August, yes. MR. VILAR: Let him finish the question, don't interrupt him, please A. Sonry Q. When did you give your wife the $4,000 for the month of August 2014? October 2014 October? Yes Did you also pay September in October? Yes ‘What is your annual income? Do you want an estimate? Yes, ‘Around 150,000. ‘And thats a year? Yes Does that figure include the value of any benefits that you receive from Telconet or any DPOPO>PO>PO>rO> PORTER, WALKER & ASSOCIATES, INC. 13 (Pages 49 to 52) Page 49 Page 51 2 other entities owned in whole or part by Telconet? Q. im trying to get back to your statement 2 ‘A. Yes 2 that you canceled her health insurance because she 3 Q. You have your hand over your mouth. 2 wanied you to, she asked you to. Why would anyone ‘ A. Yes 4 cancel their health insurance? 5 Q So, forexample, wha is the rental SA. Tdon't know: © value of Villa No. 8 where you and the boys are © Q_ What month did you say that her health 7 living that was the purchased by those entities for 7 insurance was canceled? 8 amillion dollars? 8 ‘A. She asked me to cancel it in May or 3 ‘A. [dont know the rental value, And the © June. I don't remember. 10 value ofthe purchase was nat a million, it was 20 Q. When did you cancel it? 11 945,000. a A. don't remember. I will ave 12 Q. Youadded 200 in improvements, you said, 32 don't remember. 13 s0 [rounded it off ta million 2 Soin August when she filed for suppor, u A, [don't know what isthe appraisal 34 certainly by that date her health insurance had 15 value, actual appraisal value ofthe house 28 been canceled by you? 16 Q. Have you had it appraised? 16 ‘A. Timnot sure. u A. No. v Q And by August of 2014, her cellular 8 Q. So youmean to tell me that the Teleonet_ 28 phone service you had stopped paying also; is that 19 board of directors didn't even order an appraisal 13 correct? 20 when they boustht the property for you and your sons 20 ‘A. No, [don't think so. It as around 21 tolivein? 21 September, but 'm not sure. It was around 2 ‘A. They dida' buy the property for my sons 22 September. 22 and met live in, and they conducted an informal 23 Q.__Did she also request that you stop 24 appraisal 24 paying for her cell phone? 25 Q. They conducted an informal what, did 25 AL No. Page 50 Page 52 2 they ask you? 2 . And why did you cancel her cll phone? 2 ‘A. No. 2 A._ Because in September I came to know that 3 Q. Who did they ask? 3 she had come to live tothe United States, and her 4 A. Dontt remember. 4 phone doesnt work in the United States. 5 Q. Teleonet isa privately owned company, > Inside your Exhibit | there isa © isntit? © statement that because you were the one to leave 7 A. Yes 7 the marital home you cannot file for a divorce in 8 . Shares are not traded on any public © Beuador is that correct, sit? 3 market in Ecuador? 9 ‘A No. A. No. 20 Q Iesnotcomect? Do you have use of an airplane? n A. No. A. If have the use of an airplane? 2 (Thereupon, a document was marked Yes sir. a Exhibit No.2: Memorandum of law, for A No. Youmean if Ihave an airplaneto 14 Identification.) 25 my disposal? 18 Q. Please look at Exhibit 2, si. First of as Do you have use of an airplane? 36 all, you recognize this as being a memorandum of uv A. Luse airplanes, yes, to travel. 27 law filed by you, Marion Tomislav Topic, through w Q_Idon't mean like United Airways. 1 28 your legal counsel here in Dade County; is that 13 mean, does Teleonet or any ofits entities havea 39 correet? 20 helicopter or an airplane that you use fom time to 20 A. Yes. 21 time? 2 Q. Sir, would you be kind enough to tum to 2 A. No. 22 Page 2, Please read the last paragraph on the 23 Q._ Did your wife have her own health 23 bottom of Page 2, please, sir, out loud 24 insurance at any point in time? 24 ‘A. The parties separated approximately 25 ‘A. Not that Im aware. 25 March 2013 after almost 23 years of marriage, and | PORTER, WALKER & ASSOCIATES, INC. 14 (Pages 53 to 56) Page 53 Page 55 2 the husband left the marital home in Ecuador. The 1 Q. Isthat a correct statement? 2 husband has been advised that under Ecuadoran lax, 2 A. Yes 3. the fact that he left the marital home precludes 3 Q So that would be end of February 20162 4 him from filing for divorce. a A. Yes. 5 Q. Stop right there. We will get tothe 5 Q. And ifyou would tur to the next page, © next subject in a moment. ‘The husband has been © Mr. Topic, it says atthe top, the husband has paid 7 advised that under Ecuadoran law, the fact that he -—«7”—_~support to the wife since March 2013, © Ieft the marital home precludes him from fling for 8 ‘A. Which page is that? $ divorce, period, close quote. Is that atrue 8 Q. Page 3 of Exhibit 2. And it goes on to 30 statement? 10 say, intially you paid the wife 2,500 and then a A. No. 113,000 and he's now paying 4,000. % Q. Itisnot? w ‘A. That is corect. 3 A. No. 2 Q. Inwhat period of time were you paying Mu Q. What is your understanding of that 24 2,500 per month, February of 2013 until when? 25 provision ofthe law, if any? a8 ‘A. [don't recall a6 ‘A. understand that if | leave the marital a6 The next question would be, when did you 17 home, Leannot file for divorce up to three years 27 start paying 3,000 per month? 18 after leave. 28 ‘A. Idont recall. 1» Q. Soyou left in March of 2013? 19 Q._ When did you start paying 4,000 per 20 A. Left in February, I think, 2013. 20 month? a Q. Well, what you just sad, it says they 2 ‘A. October 2013. 22 separated in approximately March of 2013. That's 22 Q_ So about six months after you moved out, 23 where I gotit ftom. Ifthat's wrong, 1 apologize. 23 approximately, you started paying 4,000 a month? 24 didn't mean to mislead you. I understood you to | 24 ‘A. Lwill say more, eight. 25 have told usin your affidavit that it was Marc. as Q. So approximately eight months after you Page 54 Page 56 2 ‘A. Checking on my records, | understand it 1 [eft the marital home you started paying 4,000 a 2 was the end of February 2 month? 3 Q. Very well, sir. Im not arguing with 3 ‘A. Yes. & you. just want to know when it was. 4 Q. This document, Exhibit 2, on Page 3, 5 So your understanding is you have to 5 also says, quote, the husband pays for the wife's 5 wait two years from the end of February 2013 before § cel phone as well as her health insurance, period, 7 you could seeka divorce in Ecuador under Ecuadoran 7 _—_close quote. That isnot true today, as you have ® law, correct? ® already told us ° ‘A. No. 2 ‘A. Thats correct. 7 Q. What is wrong with my statement? 10 Q. And I guess this was filed September the n A. Thave to wait thee years 21 24th, 2014. At the end of September, were you 2 Q. I thought you said two years? 22 still paying for her health insurance, because I 3 A. Itsthree years. 23, understood you to say she asked you to stop paying u Q. Sir, apologize. Again, hearing is the 24 in June or May. So you hadnt paid for health 15 second thing to go. 15 insurance for three or four months by the time this a6 ‘A. Timon the third, don't worry. 26 was filed; is that fair? n Q. I'msorry, 1 thought you said two. v ‘A._ The health insurance is not paid 28 Sony. 18 monthly. Its paid by semesters, every six months 1s So the reason for ths statement which 29 orevery year, I think. 20 you read to us from Exhibit 2s that you 20 Q. What was the anniversary date first of 21 understand that under the law of your county, if 21 all? 22 youare the one who let the marital home, you must 22 A. Don't remember: 23° wait three years before you can secka divorce in 33 Q. Who provided that health insurance, 24 that country? 24 —Teleonet, one of the companies or you personally? 2s ‘A. That is correct. 2 ‘A. Me personally. PORTER, WALKER & ASSOCIATES, INC. 15 (Pages $7 to 60) Page 87 Page 59 1 So, when was the premium due to cover 1 Q. Sol dont understand, why would you 2 your wite? 2 have private health insurance if i's provided by 3 ‘A. Don't recall 3 the government, to pick up any uncovereds? 4 Again, did she give you any reason why 4 ‘A. This was an international health 5 she would want her health insurance paymenttobe § insurance. © stopped by you? 6 Q. Intemational? 7 A. No. 7 A. Yes. It was taken 13 three years ago to 8 Q._Did you think it was a good idea for © cover atrip that we took inside the United States, 8 your wife of some 23 years to be without health 8 which was a lengthy trip. Itwas a month going 10 insurance? 10 through all ofthe states, visitng international n ‘A. You want me to elaborate? n 12 QI would like you to answer my question, 22, the children? 3 sin 2 A. With my children, yes. Unfortunately, M A. Tdont, 14 we hada terrible accident on August 29, 2001 18 Q_ You don't care? 8 Q. Inthe car? 16 MR. VILAR: Objection. Lethim finish. 16 ‘A. In the car, and my son, Andjelco, ” 's trying to answer a question. You suggested 17 suffered many traumas to his face. And we used -- 28 that that was his answer. 18 [used that insurance to cover his repetitive and 19 MR. CARUANA: I thought that’s what he 1° lengthy surgical interventions, and we have kept 20 was saying. 20 that insurance to cover his possible needs in the a ‘A. [didnt say that. 21 fature. And it covered the whole family 2 Q._Ibeg your pardon. What were you 22 But, yes, Mr. Caruana, that health 23 saying? 23 insurance is not very useful inside Ecuador, It's 2 ‘A. don't know what were her reasons. 24 mostly useful outside. However, l ask my wife to 2s Q Wouldn't you, just out of human concer, 25—_accept it repeatedly, and she said specifically no. Page 58 Page 60 2 ask her why are you canceling your health 1 Q._ Now, on Page 3 of Exhibit 2, Mr. Topic, 2 insurance, you need health insurance? 2 again, in the middle of the frst full paragraph, 3 ‘A. Oh, yes. I told her, please accept it, 3 itsays the husband has never stopped and he has 4 please take it. 4 never advised the wife that he ever intended to 5 Q. And what did she say? stop providing her with temporary support. Do you 6 ‘A. That she didn't want it 6 seothat? a Q. She didn't want health insurance? 7 A. That's on Page 3? 8 ‘A. Not that health insurance, 8 Q. Yes, si s Q Not that health insurance? ° A. Teant find it. 10 A. Yes. x0 Q. See the paragraph that says due to the a Q. You don't have Obamacare anywhere in 22 fact that the husband was advised he cannot file 22 Beuador? 22 for divorce in Ecuador ~- do you see that vB MR. VILAR: Object tothe form of the 23° paragraph? 14 question. Don't answer that. uM ‘A. Yes, Tgot it as Q. That's not a joke. 35 Q. Please go down four lines 16 A. Itsnot a joke? a6 A. Okay. y Q._Do you have socialized u Q. Tim sorry, three lines from there, It 8 MR. VILAR: Mr. Topic, hold on. You 28 says the husband has never stopped ~ do you see 19 asked if there was Obamacare in Ecuador? 29 that? 20 MR. CARUANA: I know there's not, but is | 20 A. Yes. 21 there the equivalent? 2 Q. ~-and he has never advised the wife 2 Q. First of all, is medicine private or 22 that he ever intended to stop providing her with 23 provided by the govemment in Ecuador? 23 temporary support, period 24 ‘A. Mostly now it's provided by the 24 But | understand that in August there 25 25 was no check and in September there was no check, ‘government. PORTER, WALKER & ASSOCIATES, INC. 16 (Pages 61 to 64) Page 61 Page 63 2 that later I made arrangements through your legal a Q. What kind is that, a Demass? 2 counsel, and then in October you provided those 2 A. It’s pickup, a small pickup truck. 3 checks. a And how about the younger boy? ‘ ‘So do you disagree that in August of 4 A. Andjelco drives on¢ of the cars Tamar 5 2014 there had been no payment made to the wife by _—_-Verduga has control, which is a Honda. I don't © your © remember the model. 7 ‘A. I disagree. 7 Q. Which year? ® Q. And why do you disagree? 8 A. [don't remember. I'm guessing 2012, . ‘A. After August 2013, I was not able to ~~ 9 2011. 10 Q. August 20142 10 Q. Do you have access to any other vehicles n A. After August 2014, Age affects us all 11 that you can use in Ecuador? 22 After August 2014, I didn't know the whereabouts of 22 ‘A. Not for my personal use. 23, Tamar Verduga and I didn't know how to getherthe 23 Q._ Do you have access, whether it be 14 checks. I didnt know how to deliver the checks to --14_—_—business use or personal use or social use, of any 35 her 15 other vehicles owned by any other companies or as twas after looking at the former 16 entities? 27 ehecks and where she had deposited them that I v ‘A. Well, Lean call cabs. 28 notice her bank account and I deposit those checks. 28 Q. Idon't mean commercial. I don't mean a a9 Q. When? 23 cab or limousine service, Do you have any other 20 ‘A. mbes bank acoount, and thet was ia 20 vehicles that are owned by any entities in which 21 October 2014 as soon as we knew which washer bank 2_-you are associated in some way that give you the 22 account 22 use of the vehicle when you want it? a Q. Soprior to August of 2014, you had been 2a A. No, 24 physically delivering a check to her? 24 Q. Like you have Villa No. 8 you're living 2 ‘A. had been delivering the checks to my 25 in that's owned by a company. Page 62 Page 64 1 kids, which deliver the checks to her. 2 AL Yes. 2 Q. So you didn't deposit it in her account, 2 Does a company own any vehicles that you 3 but you could look atthe back of the check tofind = 3—canuse? 4 out what bank she had used? ‘ ‘A. Well, Telconet owns many pickup trucks 5 A. Yes. So we had to go through a 5 that I might ask to take me to some place if need © procedure back in my country to look at the checks, © be. Idon' do that. 7 which we don't keep them anymore, they don't send 7 Q. You dont avail yourself ofthat? ® —_usto them anymore ° A. No. 3 Q._ You dont geta statement with all the 9 Q. Do you have a driver in Ecuador? 10 checks in there? 10 A. No. n A. No. n Q. Ora limousine se x Q._ What kind of vehicles do you drive? 2 A. No. 3 A. I drive a pickup truck. 2 Q. ~ that you use? a Q. What make? a A. Never. a5 A. Toyota Hilux. a5 Q. What is your education? a Q Any others? as A. Thave electronics engineer degree, 1 y A. drive also a Toyota Highlander. 37 have two master's degree and I'm applying for @ 28 Q Any others? 18 Ph.D candidate. 8 A. No. 13 (Q. And what institution do you have those 20 Q. What about your sons, what do they 20 degrees from? 21 drive? 2 ‘A. The electronics engineer degree is from 22 ‘A. My son Jan drives a Chevrolet Demass,a 22_—_~Espol, E-S-P-O-L, in Ecuador. One of the master's 23 pickup truck 23 degree is from Incae, IN-C-A-E, and the other 2 Q. Chevrolet? 24 master's degree, actually an OPM degree, is from 2s A, Yes. 25. Harvard University, and the Ph.D program I'm in is PORTER, WALKER & ASSOCIATES, INC, 17 (Pages 65 to 68) Page 65 Page 67 1 from Uncuyo in Mendoza, Argentina 2 and [would like you to turn to Exhibit B of 2 Q. Thank you. And the degree from Harvard 2 Exhibit 1 at this time. 3 isamaster's degree? 3 A. Yes. 4 ‘A._Its equivalent to a master's, an ‘ Q. Do you see that? 5 executive masters degree. I don't know if it's 5 A. Yes. § equivalent. 6 Q. First question I have for you, sir, is: 7 Q. When did you obtain the Harvard degree, 7 ‘In connection with your statements that appear in © sie? 8 both your affidavit and in Exhibit 2, your ° ‘A. believe 2008. 9 memorandum to the Judge, to the Court, you say in 10 Q. Did you physically attend schoo! in 10 both that the wife has exclusive possession ofthe 1. Harvard in Cambridge, Massachusetts? 11 former marital home and the beachfront apartment 2 ‘A. Actually, not in Cambridge. 2 ‘And my question to you is, did your wife B Q. Where was Harvard located? 23 ever ask that you convey title to those properties, 1 A. In Boston. Harvard Business School is 4 to her if she were to live there? 15 in Boston. Harvard Law is in Cambridge. 15 A. No. 16 Q. So the Harvard Business School isin 16 She never asked for that? 17 Boston? u A. Not that I'm aware of, not that I 18 ‘A. Yes. 38 remember. 19 Q. Did your wife reside with you in Boston 19 'Q._ Now, who prepared Exhibit B to Exhibit 20 during that time there or did you stay there by 2» 1 21 yourself? 2 ‘A. You mean who translated this, who did 22 ‘A. She didnt reside with me while I was 22° transcription? 23° studying in Harvard University 23 Q. Who did this document? This was not the 2 Q. She did not? 24 al document. Somebody took the original 2s A. No. 25 document and translated itor copied itor did Page 66 Page 68 L Q. Was she in Ecuador? 1 something to it. 2 A. No. 2 A, Tdon'tknow. 3 Q. Where was she? 2 Q. Who did that? ‘ A. In Boston. 4 A. [don't know. 5 Q. I'm sorry. I thought I heard you say 5 Q. Please point her in this Exhibit B to © she did not reside with you © anywhere where it says you will provide her $4,000 2 ‘A. That's correct. 7 amonth support 8 Q. But you were both physically located in 8 ‘A. Idont see it. 8 Boston? . Q. Well, your Exhibit 2 says that this 10 ‘A. Yes 20 agreement that you entered into in November of 2013 u Q. That's what Iwas asking. So you're 23 says the parties entered into a written agreement 22 saying you're weren't living together in 20087 22 on the issue of temporary support. And I'm trying 23 ‘A. Las living atthe university 23 to determine, I looked at this for along time, a Q. And she was in town there? 34 where in here does it say anything about temporary as A. She was in Boston. 15 support? 16 Q. Were the children also there with you in. 36 ‘A. Ldontt see it 27 Boston at that time? y Q._ And inthe top left-hand comer it says a3 ‘A. They were with her, yes. 28 $50,000 for lite. Is that $50,000 a month, $50,000 19 Q. Now want to.ask you about a statement 19a year for life; what does that mean? 20 on Page 2 of Exhibit 2 at the bottom and at the top 20 "A. Idon'tknow what it means here, From 21 of Page 3. The partis entered into a written 24 the written agreement that we entered, it meant 22 agreement in November 2013 regarding the 22 that his takes into account the $50,000 money cash 23 distribution of certain assets as well as the issue 23 that [had given her and insurance for life is what 24 of temporary suppor. 24 [had offered her. 25 ‘You attach an Exhibit B to Exhibit 1, 2s ‘Q. Oh, the for life is relating to the PORTER, WALKER & ASSOCIATES, INC. 18 (Pages 69 to 72) Page 6 Page 71 2 insurance? a Q._Idon't speak Spanish, so I apologize. 2 ‘A. Yes. 2 A. Idon' speak English very well 3 Q. And not the $50,000 for life? 3 Q._You do a good job. ‘ A. No. 4 So that means the apartment in Punta 5 Q. When did you give her the 50,000 in 5 Barandua that you reference in your affidavit, I © cash? © believe you said that you and she owned tile to Z ‘A. Before separation. I don't remember. 7 that 8 Like the same year as separation or @ A. Yes, 9 years before, approximately when? ° That's the one where she elaims the 10 A 2012. 20 association is claiming past due association fees n . What did you give her the $0,000 for? 32a theres no power, and you've explained that you 2 A. She asked for it She demanded it. 32 expected her to pay the power » Q. And you were married and not separated 32 A. Yes, 14 at that time? 4 Q. So what does it mean on the right where 15 A. That is correct. 25 you have needs and then there's a line stricken 16 Did she give you a promissory note? 16 through cell phone, insurance and car insurance, v A. No. 17 does that mean you discontinued paying for those? aoe Q. Do you feel she owes you that money 1 A. Can we refer to the copy of the original 39 back? 19 document that can clarify or do you want me to 20 A. Yes. 20 refer specifically to this document? 21 Q. So that's why you put it in this 2 Q. Sure, This was filed in the Court, so 1 22 agreement, that you'd forgive that? 22 need to understand what this is. So don't 23 ‘A. No, that it was part of the marital 23 understand why ~ 24 separation agreement. 24 MR. VILAR: Can we have a moment? a Q. That she gets to keep the $0,000 that a5 MR. CARUANA: Not in the middle of Page 70 Page 72 1 you gave her years before while you were in your 2 questioning 2 intact marriage? 2 MR. VILAR: Fair enough. 3 A. Yes, 3 Q. don't understand why those things are ‘ Q. Who owns the Toyota Sienna that’ listed 4 stricken through. Can you help me understand that? 5 upatthe left-hand comer of Exhibit B to Exhibit s ‘A. Yes, if ean take a look atthe © I;who owns the Toyota Sienna? © original document. z ‘A. think i's owned by Telconet. 7 Q._Tilbe glad to mark that and I will 8 Q._ Did Telconet sign this agreement ® show that to you, I'm not hiding anything from you, 3 agreeing to give the wife one of is assets? & but as we sit here right now, I got this document, 10 ‘A. No. 20 Exhibit B through a fling with the Court. u Q.. What does this mean: Department Punta 24 {'m trying to understand what it means. 12 Barandua? Ihave no idea what that is. 12 The Judge, if she looks at this fil, will only see a ‘A. Its an apartment 13 this document. She not see the original because a Q._ No, sir, it says department. 24 it’s notin the file yet. 3 A. Yes, department. It meant an apartment as So I'm trying to figure out what this 36 in Punta Barandua, which is the apartment we had at_ 6 means. If'you can help me, based on your memory, 27 the beach 27 that’ fine. Ifyou want to say I don't know, 1 18 Q. That's the beach apartment? 28 have to wait when you show me the origina, that's 23 A. Yes. 28 fine also. I's not a trick 20 Q. Is that what that Department Punta 20 ‘A. Okay. 21 Barandua means? a Q._ Ljust want to try to get your 2 A. Yes. 22 understanding based on what was filed with the 2 Why did they write department; isthata 23 Court. 24 Spanish word for apartment? 2 ‘A. don't know -- as A. Yes, 2s You want to see the original before you PORTER, WALKER @ ASSOCTATES, Inc. 19 (Pages 73 to 76) Page 73 Page 75 2 answer? 1 value to that piece of land in your own mind? 2 A. Yes, that would help me a lot. 2 A. If Lascribed the value in my own mind? 3 Q. Is that also true for the numbers to the 3 Q. In your own mind, did you attribute any 4 Ief? Somebody wrote down SOOK and they struck 4 —_value to that property that you were offering i 5 through it, and then somebody wrote 400k and they S_—_apparently to have conveyed to your wife? © struck through that. s ‘A. The value in amount of dollars, not that 7 ‘And then it says to the right ofthat 7 Trecall. 8 tand Punta Barandua. Now, in addition tothe 8 Q. And why is it the listed on here; does department in Punta Barandua, is there also a that mean that it was offered to your wife? 10 parcel of real estate that is not improved upon in 10 AL Yes, 12 Punta Barundua? an (Q. But he entity that owns it didnot sign a2 A. Yes. 12 ‘that paper, did it? i B Q. Who owns the real estate in Punta 1B ‘A. That’ correet, I don't know which is 14 Barundua? 14 the entity. 1s A, [don't recall. 1s Q. Idon't either. Ican only ask you. I 16 Q. Isitan entity or sit owned by you 16 don't know how to get that. i 17 and/or your wife? wv AL Yes, } 18 ‘A. Idon' recall 8 ‘Q. And then tothe right ofthat it says 18 Q. Is there anything here that might help 19 illegible, and then below the word illegible it 20° you recall, Mr. Topic? 20 says ll monthly payments, What does the all 2 A. If make a phone call, I can find out. 21 monthly payments refer to? ca Q. Thank you for the offer. Maybe if we 22 A. [believe that the million dollars that 23 takea break you can do that later. 23 we agree she was going to receive as part ofthe 2 ‘A. Okay. 24 marital separation agreement were to be done in 2s Q. 'm just curious who owns that. Do you 25 four months in all monthly payments every month, Page 74 Page 76 1 know how much the land cost, this land here in 2 $250,000 every month during the four months 2 Punta Barundua? 2" Q. Sorthis paper isan offer ofa million 3 ‘A. What the appraisal value or my cost, 3 dollars? 4 or how much we paid? ‘ AL Yes. 5 Q. don't know who owns it yt, so I dont 5 Q. Why does it say four months, two years; & know how toask the question, Were you involved in. 6 what does that mean? 7 the purchase of i? 7 ‘A. Pour months is the period thatthe 8 A. Yes © millon dollars was going tobe given to her. 9 Q. When was it purchased? 2 Q. What's the two years? H 10 ‘A. 10 years ago, eight years ago 19 [AL Four monthly installments. u Q. What sit worth now? u Four equal installments over four 2 A. [don't know. 12 months? B Q. You don't know? 2 'A. One equal installment every month during “ A. No. 34 fourmonths. 35 Q. Have you ever caused, you or any entity 15. And what’ the two years on this Exhi 16 inwhich you have some interest, ever caused an 16 Bg Exhibit 17 17 appraisal to be made on this realestate? ” ‘A. [don't recall, I would like to see the 18 "A. Perhaps, but 'm not aware fit. 28 original document. 39 Is this waterfront beachfront land? » (Q. And may have asked you ths, but let 20 A. Yes 20 ene ask it again in connection with your explanation 2 Q. How much does it consist of, half acre, 21 of what four months and two years means. Now, what | 22 acre, quarter of an acre, two acres? 22 does all monthly payments mean? 23 "A. Less than 800 square meters. 23 ‘A. Those four payments were to be done 24 Q. And in formulating this document orthe 24 monthly. 25 original ofthis document, did you ascribe any 25 'Q. Where were you when this paper was PORTER, WALKER & ASSOCIATES, INC. 20 (Pages 77 to 80) uu 12 a u 16 v 18 13 20 a 2 2 24 25 n 12 u as 16 v Pry as 20 a 22 2 24 2s Page 77 created? Not this one that somebody typed over, but the original one; where were you? A. We were atthe gas station, Q. Ata gas station? ‘A. Inthe restaurant inside a gas station, Restaurant inside the gas station, this snack place ‘where you can have something, QA rest stop? A. Yes. We were sitting there. Q. Did you meet there or did you go there together; how did you come to be there at that gas station? ‘We met there. You met at the gas station? Yes. Did she have any advisers with her? No, Prior to the time that you met at this ‘gas station in November of 2013, had you provided her any type of financial disclosure under oath setting forth what your assets and income was? ‘A. Not under oath. Q. What did you tell her? ‘A. She knew everything about our marital assets, RPOPre> Page 78 ‘What did she know? Everything But what is that that she knows? I don't know, but I had been completely ‘transparent to her regarding the marital assets. 1 don't know how much she knows, but she knew everything that l know. Q. So whatever she knows you told her? A. Yes, or she's been on the directories of the companies. Q. She's been on the directories ofthe company. She had been on the board of directors? A. Yes. Q._ How long did this discussion last atthe gas station? ‘A. Around one or two hours. Q._ Was anyone else present besides you and ‘your wife, sir? ‘A. The rest of the people circulating. Q. didn't mean were you the only two people in the gas station. 1 meant, was anyone ‘else present that you and she both knew and brought with you or were part of your group? ‘A. No. She called me and asked for this ‘meeting and I just went Pere Page 79 1 Q. Did you bring any financial records with 2 you, any ~ 2 AL No. 4 Q._Did you bring any financial statement 5 with you? 6 ‘A. No, She didn't ask for any. 7 Q. Did you bring any financial records with 8 you? 8 ‘A. No. She didn't ask for any. 10 Q. So you had been separated for about nine 12 months in September; is that accurate? I'm not 32 trying to put words in your mouth, a A. Yes, “ Q. And during that nine months, neither 15 side had filed anything in Court that required the 16 other party to provide financial disclosure; is 17 that correct? 18 ‘A. Well, [haven' filed anything and no 19 from her side. 20 Q. Now, you made a statement to the let 21 here and you signed it Tomislav atthe bottom. And 22 part of that statement, according to Exhibit B on 23° Exhibit 1, is these values are quite high and are a 24 fairreflection thereon. You see that language? 2s AL Yes Page 80 1 What values are you referring to that 2 are high, what values? Can you point to me a value 3° here that’s high? 4 ‘A. Yes. The house, the casa atthe upper 5 leftthand corer. © Q. Idont see a value there. 7 ‘A._It meant items which are valuable. In ® Spanish, that's what it means. ° Q. So when you wrote the values are quite 10 high, you'e saying the assets tha are described 11 onhere are valuable assets? 2 ‘A. Have a high value. B What isthe value of the house, in your 14 opinion? 15 ‘A. [conducted an appraisal of it, and 1 16 think its over a million dollars. v Q. And ths is the one owned by Cerinsa? 18 A. Cerinsa » Q. When did you conduct an appraisal? 20 A. Two or three months ago. a Q. Do you have a copy of it in your 22 materials a home or in your office? 2 ‘A. Yes, And can I continue? a Q. Yes, sir 2 A. This items which are of high value are PORTER, WALKER & ASSOCIATES, INC. 21 {Pages 81 to 84) Page 61 Page 83 1 also the $50,000 in cash that I gave her. a ‘A. Values in Spanish means the items which 2 Q. That's $50,000. It's not high orlow. 2 are valuable. It doesn't refer to the quantity 3 It's just an amount? 3 Im Spanish, you can say values means valores, which 4 ‘A. The vehicles. 4 means something that's valuable. It doesn't have 5 Q. What's the value of the Sienna? 5 tospecify which isthe amount of value. 6 A. [don't know. Its a high value. It's 6 Q. You have explained that and [accept 7a fully loaded Sienna. 7 your explanation, but, again, 'm asking you, based 8 Q What year is it? 8 on the words that you wrote, apparently you said 3 A. [don't recall. 9 these values are quite high, and itjust leads me 10 Q._I'm just curious how you can say its 10 to the next question, which is what values are you 11 high value and its not owned by you. 11 referring to when you say they're quite high? 2 ‘A. Its the car she has always been using, 12 understand a million and I understand 3 Q. For how long? 23, 50,000, but {don't see any other values that are 4 A. Five, six years. 24 high or low, and 'm trying to understand what you 15 Q. It’sasix-year old Toyota and you say 25—_-meant when you wrote that. 16 that has a high value? 36 ‘A, Okay. I didn't write this exhibit, v A. Yes. 27 didn' facilitate this. I wrote the original = Q._ How many miles does it have on it? 18 document, and in the original document I remember 19 A. I don't know. 29 it said estos valores, and by valores, we = Q. What else has a high value, the 20 understand in Spanish things that are valuable. 22 department at Punta Barundua? 2 ‘Q._ And again, you don't know who did this > A. Yes. 22 paper for the Court, that was filed with the Court? 23 Q. Whats its value? 23 ‘A. No. This particular paper, who = A. [have to guess around a hundred 24 transcribed it, who translated it, don't know, 25 thousand. 25 Q Right, 'm asking you that. Page @2 1 Q._And what's the value of the land in 2 A. No, 2 Punta Barundua? 2 Q._Do you know if t was a cert 3 ‘A. [donot know. 3 translation? 4 But you say here its a quite high ‘ ‘A. I don't know. 5 value 5 Q._And then it says the values are quite 6 A. Yes. © high and are a fair reflection thereof. A fai 7 Q Give me an idea. 7 reflection of what; what is that relating to, those ® A. Its oceanfront. 300,000 and one ® words? 8 million dotars. 9 ‘A. To the marital separation agreement, 20 Q It’sa million dottars? 10 marital asset separation agreement. n A. Yes. a Q._ Are you referring to this document as a 12 Q. That could be high or could be tow, 12 marital asset separation agreement? 23 depending on how much money you have. Or said 13 A. Yes. 24 another way, depending on how much the marital 14 Q. Does it have a ttle? 25 assets are valued, correct? as A. No, a6 ‘A. Yes. 16 Q. What was it written on, the original? v Q Sof the marital assets are worth a ” A. Ona napkin. 28 hundred million, then a million is not sohigh, is 18 Q. The proverbial napkin agreement? aa ta, 19 A. The proverbial napkin agreement? 20 ‘A. Ifthe marital assets are a hundred 20 Q. Yes. Was it really written on a napkin? 21 million, then, yes. a A. Itwas an agreement signed by both of 2 (Q. "That's what my question was. 22 us, 23 So show me on this paper that was filed 23 Q. Lasked you, what was it written on? 24 with the Court where these values are listed other 24 A. Onanapkin. 25 25 Q._ Itwas written on a napkin. Do you have ‘than the one million and the 50,000, PORTER, WALKER & ASSOCIATES, INC. 22 (Pages 85 to 98) 10 12 2 ul 1 16 n 18 a 20 a 22 2 24 25 Page 85 the napkin? A. No, Q. What happened to it? A. Tamar Verduga took it with her. (Thereupon, a document was marked Exhibit No. 3: Copy of napkin agreement, for Identification.) (Thereupon, a short break was taken after which the following proceedings were had.) BY MR. CARUANA: Q. Sir, I show you what has been marked as Exhibit 3. AL Yes. Q. It’s the document you requested. Can ‘you identify it? ‘A. Yes. This is the marital separation agreement that we have. Q. This is the napkin agreement or the document that was written on a napkin at the ‘gas station that you described for us? AL Yes. Q. This is a copy? A. It'sa copy of it. Q._ Now, at the bottom, that's your Page 66 signature, Tomislav? A. Yes. Q. And is that where it says valores that ‘you mentioned in your testimony a minute ago? AL Yes. Q. Valores, what does that say in Spanish? ‘A. (Reading in the Spanish language.) Q. Let me withdraw the question, because 1 don't know what you're reading here. 1 just wanted down here where it says estos valores, you were referring to that word in your testimony before, valores. A. Yes Q. These assets here and this mi dollars and what have you, what percentage of the ‘marital estate does this comprise, in your opinion? ‘A. 50 percent, approximately Q. Now, this also has those things in the upper right-hand comer that are scratched through ‘There's a big X and there's an arrow that says todo la something. I don't know what that word is. Todo la, what does that mean? ‘A. Allthe monthly payments. Q._And then there's an arrow going up to those four things that are scratched out 1 2 3 5 6 7 ° 2 Page 87 Yes. You want me to explain it? ‘No, thank you. You're welcome. Do you have a million dollars in cash available to you? A. No. Q. How did you propose to pay a million dollars in four months if your income is $150,000 per year, according to your testimony? ‘A. Las thinking of entering into a loan, With who? ‘A. With Teleonet, with the banks. Q._ But you had no loan entered into in ‘November of 2013 when this napkin document was prepared at the gas station? ‘A. Well, I did after this marital asset separation agreement was signed. 1 talked to some QPOP ‘banks and to some companies in order how to obtain || this. Q. Did you make any ofthe $250,000 payments in four months? A. No. ‘Q._ Did you supply title tothe Toyota Sienna, which is five or six years old, to the wife after this document was prepared? Page 08 A. No. Q._ Did you cause title to be transferred to ‘your wife of the department Punta Barandua to her? A. No. Q. Did you cause title to the land or the lot in Punta Barandua to be transferred to her after this agreement? A. No. Q._ Did you provide insurance for the wife after this agreement of November 11, 20137 A. Yes. What kind of insurance? ‘A. The health insurance that we had. Q Oh, the one you deseribed in your testimony that you originally got about 10 years ‘ago when you were coming tothe U.S. fora trip? ‘A. Yes, Itwas 12 years ago, 13 years ago. Q. Whenever that was. That's the same insurance that in June or May was canceled? ‘A. That she asked me to cancel Q._ Why did you not pay the million dollars? A. Because we had to formalize this agreement. Q. Referring to Exhibit 37 A. This marital asset separation agreement? PORTER, WALKER & ASSOCIATES, INC. 23 (Pages 89 to 92) Page 68 Page 92 1 Q Yes. Use the exhibit number, please, 1 A. Oh, i's muebles. 2 forthe record, 2 Q. Furniture? 3 ‘A. Exhibit No. 3, which i a copy of the 3 A. Fumiture, © original 4 Q. What's the word to the left of it that’s 5 Q. So it was never formalized, Exhibit No. 5 seratched out? © 3 was never formalized? 5 ‘A. Don't know. I don't remember. if ‘A. No, Tamar Verduga talked to a lawyer, 7 QL guess the word segura is insurance? & first Alfredo Quadros; then she didnt enter into 8 A. Yes. 9 amagreement with him. Then she talked to another 9 Q. And how do you know that toda la vida 10 lawyer, Monica Palencia; she didn't enter 29 applies to insurance and not to the $0,000? Its 2. agreement with her 31 next to the 50,000, isn' it? 12 ‘Then she talked to another lawyer Ww ‘A. Its framed. Thats was my offer to 23 Carmela Martinez, and she didn't enter into an 23° her, whole insuranee life 24 agreement with her. Somehow, she was not satisfied 24 'Q. Have you ever asked Telconet whether it 25 with how they structured the agreement, even though 25. would transfer the assets it owned that are covered 16 was satisfied 26 by Exhibit 3 to Ms. Verduga Topic? a7 ‘And then my lawyer, Carlos Pazmino, send 27 ‘A. Yes, L asked them how doable it was and 38 heranother agreement and she told me she was okay 28 how long will it take. 2910 sign it, but we never ended up signing it. The 13 Q. Did you ever obtain a commitment letter 20° formal marital asset separation agreement, wehave 20 from any lender on the million dollars? 21 only this marital asset separation agreement 2 ‘A. From my lender? 22 signed, Exhibit 3 signed 2 Q Yes. 23 We do have, of course, all the e-mails 23 A. No, notin writing, 24 andall the correspondence regarding to it. 24 Q._ How much cash do you have on hand? 2 You have that where? 25 A. Right now? Page 90 Page 92 a ‘A. Wehave them, 1 Q Yes, in various banks. 2 Q. Soyou had an attomey, you gave a lot 2 ‘A. Ob, on hand or inthe banks? 3 of names there, I don't remember the names, but you 3 Cash on hand isan accounting tem. It 4 had an attorney write up a formal agreement? 4 means cash. I don't mean on your person today, but 5 A. Yes. 5 how much eash do you have access to? 6 Q._ And what was that attomey’s name? 6 ‘A. 8,000, 10,000. a A. She has them. She has three and then 1 7 Q. So how can you make a million dollar 8 did, My lawyer dia. ® payment if you make $150,000 and you have only ° Q. Thats the one I'm asking you about, the $10,000 in cash? 20 one your lawyer prepared. 20 ‘A. I don't keep cash. T don't have much n A. Carlos Pazmino. 21 eash on hand. 2 Q. Ishe from Ecuador or U.S? 2 Q. Then atthe time Exhibit 3 was entered 23 A. He's an Ecuadoran lawyer. 22 into, you did not have a million dollars that you a4 Q. He prepared a formal agreement? 24 could pay to the wife, did you? 15 A. Yes 8 ‘A. Noton hand. 16 Q. Do you have a copy? 16 Q. How easy would it be for you to obtain a 7 A. On my computer, yes. 37 million dollars in order to comply with Exhibit 37 we Q Did you ever sign the formal agreement? 28 ‘A. Itwould have been tough, but doable. 13 A. No, but [was prepared to sign it a3 Q._ Did the wife ever renounce Exhibit 3? 20 Q On Exhibit 3, there's something 20 A. Not while ~ not until August 2014. She 21 scratched out here, What isthe word scratched 21 continuously talked to her lawyers, using this as 22 out? 22 the basis for the marital separation agreement, and 2 ‘A. I don't remember. 23 she never ever said anything regarding this 2 Q. Whats the word above 50,000 on Exhibit. 24 agreement, She was perfectly happy with this. 25 3,sic? 25 She never in Ecuador mentioned to | l | PORTER, WALKER & ASSOCIATES, INC. 24 (Pages 93 to 96) Page 93 Page 95 1 anybody, as far as I know, that this agreement was aspect. 2 nota fair agreement or she didn't want to abide by 2 For reasons exposed, and because | 3 it, Itjust eame to my knowledge only on August believe this isnot the way to end a 22-year old 4 13th here when I had been served the papers. 4 marriage, 'm disposed to renounce that document. 5 Q. Sir, the very document itself says on it 5 Hoping your compression. Blessings, Tamar Verduga. © that Mr. Topic does not want to give me what lam 6 ‘Q. Hoping your compressions? 7 really due. I'm sure that Tam due alot more. So 7 ‘A. Your compression it says, your 5 how can you say she never expressed any 8 understanding. May 1 make a quick note? We didnt 5 dissatisfaction with Exhibit 3? It says so right 2 sign this document, 20 onthe document. 10 Q. Refeering to Exhibit 3? u ‘A. She might have not been satisfied, but B ‘A. Referring to Exhibit 3, October 13,2013 22 you mentioned not satisfaction. You mentioned on 12 first, and second, this letter 23° your separation that she renounced this agreement. 12 Referring to Exhibit 42 u Q. mentioned in my what? ue A. Referring to Exhibit 4, has @ June 13, a5 ‘A. On your assertion. 3s 2014, 16 Q. My question, okay. 16 Q. You already told us that you didn't get "7 A. Sol was addressing that. She never 27 ituntit August. 18 ever renounced this agreement. a8 ‘A. I didnt even see it until August 13th, 19 MR. CARUANA: Mark this as Exhibit 4. 29 Q Anything else you'd like to say? a (Thereupon, a document was marked 20 A. I don't agree, of course. a Exhibit No.4: 6-13-14 Spanish note, a Q. Did you ever respond in writing to that 22 for Identification.) 22 Exhibit? 23 A. She never ever renounced this agreement 22 A. No. 26 until August 13th when I received this paper. 24 Q Again, going back to Exhibit 1, your a QI show you what has been marked as 25, affidavit, you say you have never conducted Page 94 Page 96 2 Exhibit 4, Is that a document you received? 2 business in the State of Florida, That's not 2 ‘A. Ireceived this document I believe, yes, 2 wholly accurate, is it, that statement? 3 on August 13th. Ihave never seen it before. a ‘A. Inever conducted business in Florida. | 4 Q. You had never seen it before? 4 Ihave had some companies that buy items and ship | 5 A. No. : ie s Q. You received the document. You're s Q. Who is Carlos Pazmino? 7 saying you had never seen it before August 13th? 7 A. He's a lawyer for the company. 8 A. Yes. 8 And is he with the Hunton & Williams 2 Q. Understood. What does it say? firm on Brickell? 2 A. It says 13th of June 2014. Tommy 20 ‘A. It’sa lawyers’ firm, 21 should I read it in Spanish? n Q. Have you ever used that law firm to 2 Q. No, it doesnt do me any good for you to -12_—_conduet any business for you, any legal business 13° read it in Spanish, Tell me the translation as 13 foryou? 24 best you can. ry ‘A. Just to incorporate some companies. 1s ‘A. Imust reject the document that you 15 Q. Wel, that's legal business. 16 asked me to sign October 13, 2013 at the gas 16 ‘A. They haven't conducted any business. 17 station that isin front of MeDonald’s for reasons 17 Q. Wel, that’s their business, 18 Lexplain in that recital paper and because it 28 incorporating companies? 19 doesn't contain neither specified the financial a ‘A. Thats their business, but the companies 20 aspects to consider in a marriage separation. 20 they've incorporated have not done any business. 2 Besides, in that opportunity, I fet 2 ‘Q. You had that law firm incorporate Cable 22 strongly pressured emotionally for not having the 22, Andino, U.S.A., Inc. did you not, in the State of 23 negotiation resources, since the monthly support. 23—-‘Florida? 24 that you give me is not enough and because I didnt 24 ‘A. did not. Carlos Pazmino di. 25 have the legal advice to enlighten me toward this 25 Q Sir, he's an attorney, isn't he? PORTER, WALKER & ASSOCIATES, INC. 25 (Pages 97 to 100) Page 97 Page 99 A 1A, Itmight be so, yes. Dont recall 2 Q. He did this at your request and 2 exactly this, but it might be right. 2 direction, did he not? 3 Q. And you listed the registered office of - ‘A. No. - Tomislav Topic as 8265 Northwest 66th Street, = Q. He just got up one day and created a 5 Miami, Florida 33166. © company and made you an officer or director of it? & ‘A. Yes. 1 ‘A. Oh, yes, he told me so, but it was not 7 Q. What address is that? 8 my order, my direction to do that. 8 ‘A. It'sa freight forwarder address, 9 Q. He just did it on his own? 9 Q. What do you mean it's a freight 10 A. Hethoughe this was necessary. 10° forwarder’ address? Have you ever conducted any | un Q. And when was that, when did this lawyer 11—_-business out of that address; have you ever had any 12 create this company for you that he thought wes 32 goods delivered under that address? 13 necessary? 13" A. Yes. They received goods for our “ ‘A. I dont recall 14 company in Ecuador o for me personally. 25 Q. How about 2012, does refresh your 25. Why did you have Data Ware, Inc's 16 memory? 16 business ofice listed withthe Secretary of State vA don't recall 17 ofthe State of Florida at 8265 Northwest 66th 28 Q._ Infact, you filed an annual report in 18 Street, Miami, Florida? 13 2013,did you not? 29 A. Sowhenever I received any mail, they 20 A. Not that I recall, 20 would send it to Ecuador, any correspondence, 24 Q._Andthe company filed an annual report 22 (Q. What year did you cause this company to 22 on Fanuary 30,2014, did you nov? 22 beincorporated? 23. A, Tdont recall. {didnt signi. 1 23 A. dont recall = didn't see them. a4 Q. Have you ever heard of Glory 25 Q. Didthe law firm of Hunton & Williams 25 International Industry Corp? Page 98 Page 100 1 creat a company called Tech Data International, 1 A. Yes. 2 Ine for Tomislav Topi, 12363 Northwest 7th Lane, 2 Q. Were you the president, secretary and 3 Miami, Florida 33182? 3. treasurer of a Florida corporation known as Glory 4 “A. Yes. [just recalled that was the 4 Intemational Industry Corp, Mr. Topic? 5 address of my fiend’ house. 5 ‘A. Yes. 6 Q. Mr. Ricardo Rivera's house is [2363 6 Q. What address was its registered business 7 ‘Northwest 77th Lane, Miami, Florida 33182? _ office, sir? 8A. Tthinkso. 8 ‘A. [don't remember. 2 So you incorporated Tech Data 8 Q. 8427 Northwest 68th Street -- 10 Intemational, Ine. and you listed yourself 0 A. Yes, that might be it 21 Tomislav Tope, as the registered agent, and you 4 Q. - Miami, Florida. Whose address is 12 used Ricardo Rivers’ address on 7th Lane asthe 12 that? 15. official registered business office of Tech Data B 'A. Isa freight forwarder address u International, Inc.; is that correct? 4 Q. Why did you have the Secretary of State. A. Yes. 15 istyou asthe president, secretary, treasurer at 16 Q, Andyou did that on August 24th, 1992; 16 8427 Northwest 68th Strect, Miami, Florida? 17 isthat correct?” v "A. Because, as I don't have any property 18 A. Yes. [dont recall the date exactly. 18 here, Lasked them to receive the correspondence 33 Q. But it was in the ‘90s? 19 and to send it back to Ecuador, to send it to 20 |A. It sounds right, 20 Ecuador. 21 Q._And,sit,you also caused the Miami law 2 Q. What is the business of Glory 22 firmoof Hunton & Williams to incorporates company 22 ‘Intemational Industry Corp.? 25 called Data Ware, nc. in which Tomislav Topicis 22 ‘A. Ithasi't conducted any business 26 listed with the Secretary of State as the 2" Q. Itsan active corporation. It filed 25. its annual repor in 2014, si. registered agent; isnt that correct? PORTER, WALKER & ASSOCIATES, INC. 26 (Pages 101 to 104) Page 101 ‘A. Yes, but ithas not conducted any business. Q. What was the purpose that you incorporated it? ‘A. We were thinking of setting up a company that handles transactions with China, to bring from ‘China things and to ship it back to our country Q. When you say we, who are you referring to, Me. Topic? A. Me. Q. Did Glory Intemational Industry Corp. enter into any contracts with anyone? No. ‘Any invoices or receipts? No. Did it open up any bank accounts? No. Do you own the shares of stock of that company? ‘A. [don't recall, 1 ask it to be incorporated Q. And, sir, are you fami OPoPre>r 3 with a Florida for-profit corporation called Cable Andino USA, Inc.? A. Yes, [know it exist, Page 102 Q. Isthat a company that you caused to be incorporated through Hunton & Williams? ‘A. didn't cause it to be incorporated. i? Q. Carlos Pazmino is an attomey at Hunton & Williams? MR. VILAR: Objection to the form of the question, ‘A. No, Q. Tim sorry, he's not an attorney? ‘A. He's not an attorney at Hunton & Williams. You said Carlos Pazmino is an attorney at Hunton & Williams. 1 said no. Q._I'msorry. I thought you told me before he was an attorney there. A. No, not an attomey with Hunton & Williams. I said he's an attorney. Q. It states on this paper from the Secretary of State that Pazmino, Carlos is at Hunton & Williams, 1111 MR. VILAR! Objection to form. Mischaracterization ofthe evidence. That's not what it says. ‘MR. CARUANA: Mischaracterization of the a 2 1 16 ” a 20 22 23 24 8 n 12 2 “4 as 16 uv ie 19 20 a 2 2 2 2s Page 103 evidence? MR. VILAR: It doesn't say that Q. Who is Carlos Pazmino; is he a business colleague of yours He's a lawyer for Telconet. Where? In Ecuador, Is he your personal attorney? Yes, when I~ yes, So was he acting on your behalf when he had Hunton & Williams create Cable Andino US.A., Ine? ‘A. No, Q_ On whose behalf was he acting on, ‘Telconet? No. Who? Cable Andino. Is that an Ecuadoran company? No. Is that company owned by Telconet? Not entirely, Does Telconet own any portion of Cable Andino? A. Yes. Ororar Droreror Page 104 Q. And how is it that you are listed with the Secretary of State as being a director of this, active corporation, Tomislav Topic, care of Hunton & Williams? A. He thought I should be a directo. Carlos Pazmino thought I should be a di Who Carlos Pazmino, Your lawyer? Not in that capacity He wears many hats? He has many jobs. How about Tech Data International, Inc; ‘were you a registered agent of that Florida corporation, sir? ‘A. That's the company incorporated in 19922 Q. don't know. You tell me. ‘A. I don't remember. I don't recall. You have the papers in front of you. 1 don't remember. Q._ And that is Ricardo Rivera's address, 12363 Northwest 77th Lane? ‘A. Tthink so. Q. 7th Lane, is that a mistake? Is it 71h or 7th? ‘A. [think its 7th Lane. OPOrore PORTER, WALKER & ASSOCIATES, INC. 27 (Pages 105 to 108) Page 105 Page 107 2 Q. Did you ever own any interest in that 1 A. Iseeit. 2 property at 12363 Northwest 7th Lane with Ricardo 2 Q. Itsays I have never. > Rivera? 3 A. Never, 4 ‘A. No. Ihave never owned any property in 4 Q. Is that a true statement? 3 the United States. 5 A. As far as my knowledge i, yes. ‘ Q. Is thatthe property that you and your 6 Q._And Mr. Topic, did you or Telconet or 7 wife stayed at, after you got married in Dade 7 any of Telconet’s entities ever make an insurance ® County, Florida, from time to time that you said 8 claim fora casualty loss for certain containers © was opened by your friend Ricardo Rivera? 8 containing computers? 10 ‘A. Yes, we stayed there for some days, and 30 A. Yes 21 yes, Isaid it was owned by Ricardo Rivera. nu Q._ Was that claim made in the State of 2 ‘Q. Does he own that property today? 32 Florida? 13 A. Idon't know. a ‘AL Yes. a4 MR. VILAR: Mr. Caruana, [think we have "14 Was the alleged loss a loss that 25 gone beyond the scope of the original intent. 've 18. occurred in the State of Florida? 15 beenas flexible as I can be. You're asking. 16 A. Yes. 17 questions about corporations incorporated over 102? Was payment made in the State of 18 years ago, some even longer, some of them not even 28 Florida? 19 active A. Yes. 20 So I'm trying to be as flexible as 20 And what was the amount ofthe claim? 21 possible. How much longer do we have? a1 A. [dont recall. 22 MR. CARUANA: Sir, he filed an affidavit oo Q. So, then, would you have contracted to 23 that says he's never had any business interests in 23 insure property located within the State of 24 Florida. This isa legitimate -- when you say 24 Florida? 25 never then that means I can ask about a a A. No. Page 106 Page 108 2 corporation 20 years ago. 1 Who asked for that insurance? 2 Te also asked about corporations 2 A. When we import equipment, you contract 3. incorporated two, three, one year ago. So don't 3 insurance from the factory to the port. You 4 think your objection is well placed. This 4 contract insurance all over, from point to point, 5 strictly within the scope of this deposition and there was a loss on the shipment. 6 Q. Did I ask you about Data Ware already; ‘ Q. What was the shipment to Dade County? 7 were you a registered agent ofthat company in 7 A. No. The shipment passed through Dade ® Florida? © County through the Port of Miami, and the final ° ‘A. [dont recall destination was Ecuador. 20 Q. Tomislav Topic, registered agent, at 10 Q. What was the origin, China? 118263 Northwest 66th Street Is that the freight n A. No. [think it was Houston, Texas. 12° forwarder? B Q. Socomputers that were ordered from a ‘A. Yes. 13 Houston that came to Miami -- “ Q. Now, in your affidavit, you say youhave 4 ‘A. Passed through Miami 15 never entered into any contracts for insurance in 15 Q. And the casualty loss allegedly occurred 16 Florida; is that correct? 26 in Miami? v ‘A. Yes, that's correct. The insurance, the n A. Yes, 18 international insurance that we have, we had it 10 Q. Soa claim was made fora loss in Miami, 19 first with Denmark and we entered into an agreement 29 Florida. What was the amount? 20 overthere in Ecuador, yes? 20 ‘A. The equipment was in transit, 2 Q. No. 24 of Exhibit 1, your affidavit 2 Q. What was the amount of the casualty 22 filed inthis case in Dade County says: Thave 22 loss? 23 never insure a person, property or 2 ‘A. Ldonitrecall, 24 isk located within the State of Florida, close 24 Q. Was it more than a million dottars? 28 25 A. No. quote, PORTER, WALKER & ASSOCIATES, INC. 28 (Pages 109 to 112) Page 109 Page 111 1 Q._ Was it more than a hundred thousand 2 Q_ No. 19 says: We have never lived in 2 dollars? 2 Miami, Florida. By lived, you mean what? 3 ‘A. Around that 3 ‘A. Livedas a resident, not asa tourist. 4 Q. What year did this occur? ‘ Q. No, 22 says: Ido not have an office or 5 A. [don't recall. It was many years ago. 5 agency in the State of Florida. Listing you asthe 6 Q. Was there only one such claim? © registered agent of a Florida corporation, do you 7 A. Yes, I think so. 4 consider that having an agency inthe State of 8 Q. Was the container taken or was the ® Florida? 3 container let and only the contents ofthe 8 A No. 10 container taken? a0 Q Why not? n ‘A. Only the contents. u ‘A. Because I don't have any office, any 2B Q. Was the container battered or dented? 12 setup, any physical address, nothing, any business, 2 A. Idonttrecall. I don't recall. 23 ongoing business, nothing. u 29 says: have not caused injury to a ‘Q._ Butall those addresses that were 25. property within the State of Florida, 25 listed, like Mr. Rivera and all these freight as ‘A. That is correct. 26 forwarders, Hunton & Williams, those are what, just a Q. And 30 says: Ihave not breached a 27 fiettious? 28 contract in the State of Florida. Do you know why 28 ‘A. No,they are not fictitious. They are 29° these things were put in your affidavit? 29 not mine. These serve only as a place where I 20 ‘Why did you state these things about 20 receive the correspondence and they send it back to 2. contracts and I have not insured property in 21 my country where I lve and where I've always 22 Florida?’ What was the reason for that, do you 22 tived. 23 know? 2 . Is Cable Andino, In., Cable Andino 2 A. No, 24 US.A.and Cable Andino, S.A., Corpodino 25 Q. You say in 32: 1 have not entered into 25 subsidiaries of Teleonet? Page 110 Page 112 1 any contracts that comply with 685.102 Florida 1 A. Telconet has a portion of shares of some 2 Statutes. Do you know what 685.102 is, Mr. Topic? 2 of them, yes 3 ‘A. Lithink 1 sa it 3 Q. What is Techno Cargo, is that one ofthe 4 Q Whats it? 4 freight forwarders that you referred to in your 5 A. Idon' recall 5 testimony? ‘ Q_ 33 says: Within the past 15 years, 1 6 ‘A. That is correc. 7 have not purposefully availed myself of the 7 Q Located in Doral? & privilege of conducting activities within the State 8 A. Yes 9 nor have I invoked the benefits and protection of 9 Sir, have you ever described yourself as 10 the law of the State of Florida. 1 being the general manager of Telconet inthe last a Do you consider incorporating companies 11. months? 12 as invoking benefits ofthe law ofthe State of 22 ‘AL Yes 33 Florida? 3 And were you quoted in the newspaper in a ‘A. No. 24 Ecuador in connection with the cable, underneath 3s Q. 39 says: My wife and Ihave entered 15 the water cable business? 26 into an agreement for temporary support in which1 16 A. Iflwas~ 27 pay hera monthly amount for her personal support. 27 Q. Were you quoted in connection with the 28 Please direct me to any agreement that spe 18 fiber optic submarine cable industry in the media 29 monthly amount for personal suppor. 19 in Eeuador in the last two weeks? 20 ‘A. This was a verbal agreement. 20 ‘A. Lsuppose so. 2 Q. A verbal agreement? 2 Q._ Do you recall it or not; are you quoted 2 A. Yes. 22° that much? 2 Q._Isthere any writing that confirms the 23 ‘A. Somebody did an interview to me. 1 24 alleged terms ofthe verbal agreement? 24 don't know if it went out in the newspapers. 28 ‘A. Not that 'm aware of, no. 25 Q. Who did the interview? PORTER, WALKER & ASSOCIATES, INC. 29 (Pages 113 to 116) Page 123 Page 115 1 A. [don't recall. A reporter. I don't 1 those words mean around your name, what does that 2 know his name or her name. 2 mean? 3 Q. What was the subject? 3A. tmeans that according to me, this is 4A. The submarine cable. 4 the most modern ~ no, the highest capacity modern 3 Q. What about it? s submarine cable in South America. & AL He orshe asked me about it © "QL What does gerente dt Telconet mean? 7, What did she ask you? 7 A. General manager. Manager of Telconet. 8 A What was this cable for and how will 8 Q. And that El Barco Ile of Brehat passed 3 thathelp Ecuador. 9 through Manta didn't? 20 Q. And what did you say? AL Yes nu A. That this cable was to bring additional a Q. asked you that and you said no before. wz cable to provide Intemet to Ecuador, iz A. No, you asked me -- you didn't ask me if 13. Was there a shipment of fiberoptic 15. itpassed through Manta, You asked me ifthe ship 14 cable delivered by ship to Manta 14 has delivered a shipment of fiberoptic cable to 3A. No, 15 Manta, That was not, 16, = that you commented upon? 26. Where was the shipment going to? aw A. No. WW A. There was no shipment. 18 Q._ELBareole of Brehat; do youknow what 38. What was onthe ship? as that is? 19 A. Fiber optic cable, 20 A. Yes, 20 Q. So the ship lays the cable? 21 Q. What is it? a ‘A. Yes. bs A. Its a ship to lay submarine cables. 22 Q. So did you talk to this representative 23 Q._Anddoyou have any business connection, 23 from this newspaper? Did they quote you 24 either directly or through Telconet, with laying 24 accurately? cd fiber optic cable across the ocean? 25 A. [didn't talk to them. Page 114 Page 116 TA ie 1 Sothey made this up? 2 Q. Whatis your intrest? 2 AL NoyI dont think so. 3A. Teleonetis responsible fr setting up 3 Q_Didthey gett fom something that you 4 the landing station where this cable wil connect. 4 issued? s (Thereupon, a document was marked bs A. Probably. ‘ Exhibit No. 5: Newspaper atl, for © Q. Like apres relesse? 7 Tdentitication) 7 A. Tmade' statement and they must have 7 Q._Let me show you what has been marked her 8 gotten it from there. 3 as Exhibit No. 5, Please show itto your legal 8°" Q. And in what form did you make the 10 counsel 20° statement? a Is El Universo a newspaper in Ecuador? 11" AL There was a ceremony, ad I stated ROA Yes 22 something like this. 3 Q. Isit considered the most important 13 Q. So they were in the audience and they 14 newspaper in town? 34 jst wrote it down? rear 25” A. Tmonot sure ifthey were in the 16. And were you interviewed by that Et 16 audience. 17 Universo sometime before November 17th, 2014? a Q. Orthey saw a video of it or somet oa 0A. Yes 19 Q. Sce when it says cable submarino ae Q. But you said you were interviewed. 20 ampliara de banda on this exhibit? 7 A. No, Ididn't say. You said that, ave a MR. CARUANA: Thank you, si 22 Q, Could you look at your name here? Ik 2 Do you want to ask him any questions? 21 says: Lamayor‘elpacidad y modemo en America del 22 MR, VILAR: No. = 25 sur segun Tomislav Topic, gerente de Teleonet 2 MR. CARUANA: Do you waive reading and 2 ‘what does that mean there; what do 7 signing? empresa que PORTER, WALKER & ASSOCIATES, INC. 30 (Pages 117 to 120) n 16 ae 1» 2 2 2 25 Page 117 MR. VILAR: He does not waive, (Thereupon the deposition was concluded at 1:40 pm.) (Reading and signing not waived.) DEPONENT ‘Notary Public My Commission Expires: Page 118 CERTIFICATE OF OATH STATE OF FLORIDA COUNTY OF MIAMI-DADE 1, the undersigned authority, certify that MARION TOMISLAV TOPIC personally appeared before me and was duly sworn. WITNESS my hand and official seal this 16th day of December 2014, IRENE L. ELLIOTT, RPR, FPR [Notary Public - State of Florida Commission No. BE 872739 Expires 4292017 » 18 Page 119 REPORTER'S DEPOSITION CERTIFICATE, IRENE L. ELLIOTT, Registored Professional Reporter, certify that | was ‘autorized to and did stenographically eport the ‘deposition of MARION TOMISLAV TOPIC; that a review of the transeript was requested; and thatthe transcript isa true and complete record of my stenographic notes, | further certify that fam not a ! relative, employee, atlomey or counsel of any of the partes, nor am Ia relative or employee of any ofthe parties attorney or counsel connected with the aetion, nor am I financially interested inthe i action, Dated this 16th day of December 2014, IRENE L. ELLIOTT, RPR, FPR Page 120 Saneanbse Be eRe December 204 ohms he eon BeSereecaeim alec encenee PORTER, WALKER & ASSOCIATES, INC.