Tuesday, 13 February 2018

"The underlying breach-of-contract complaint could wipe out the Fort Lauderdale law firm" . I am Betting Law Firms are Lining up like Dominoes. Just a Guess.

$20 Million Loan Comes Back to Haunt Broward Law Firm, Defense Counsel. "A motion for sanctions takes aim at several high-profile South Florida Lawyers including noted appellate attorney Bruce Rogow." WHOSE NEXT ?

“They’re just rearranging the deck chairs on the Titanic. It doesn’t matter what you do, the ship is still going to go down.”  Paul D. Turner of Perlman Bajandas Yevoli & Albright in Fort Lauderdale.

"A motion for sanctions takes aim at several high-profile South Florida attorneys — Bruce Rogow, Albert Frevola Jr., Jessica Kopas and Michael E. Dutko Jr. — as an old debt comes back to haunt Conrad & Scherer.

The underlying breach-of-contract complaint could wipe out the Fort Lauderdale law firm under a motion asking the court to appoint a receiver to take control of Conrad & Scherer.

The 2017 lawsuit pits former client Douglas Von Allmen against the firm that represented him for years. The sanctions motion alleges Conrad & Scherer borrowed $20 million from Von Allmen to fund litigation against convicted Ponzi schemer and law firm chairman Scott Rothstein and to launch a national human rights practice."

Source and Full Article

Thursday, 8 February 2018

The Parties who Brought the District of Illinois Lawsuit KNEW from the start that they were filing in the WRONG Jurisdiction. Pamela Simon of STP Enterprises, Ted Bernstein Boca Raton, David Simon, Adam Simon, Scott Wellington of Jackson National and more involved in what sure seems to be Insurance Fraud to me, among other alleged Crimes. Stay Tuned as the TRUTH keeps rolling out and one day there will be the Ears of True Justice to Hear and Justice will be Served.

Eliot Bernstein was ALWAYS, Clearly a Beneficiary.

All the Attorneys, Judges, Guardians, Life Insurance Companies and others involved in all of this will someday be held accountable, it is simply how the TRUTH works. The Truth rises to the Top so we can all see it Clearly.

Plaintiff Ted Bernstein knowingly stated false facts to the Illinois Court and the Court simply took those statements as fact, with no lower court ruling or proof, and with no Trust, and NO Life Insurance Policy. This District of Illinois Case seems to set a precedent whereby anyone can get life insurance on anyone, or claim they had it and have no policy, and even in a case where there was murder alleged and a toxic coroners report. WOW.

Seems to be a Clear Case of Fraud on the Court and Insurance Fraud, as far as I See it.


Heritage Life Insurance, Jackson National Life Insurance and the case of the "friendly" carrier that Pam Simon claimed to have. No Policy or Trust needed apparently.

Wednesday, 7 February 2018

Never Forget the Kimberly Moran Story regarding Kimberly Moran a Florida Notary for the law firm of Tescher and Spallina Law Firm. She was found guilty of Forgery and Fraud, the document she forged was to the benefit of Ted Bernstein, client of Alan Rose of Mrachek, Fitzgerald, ROSE, Konopka, Thomas & Weiss Law Firm .

From all I have read and seen over the last 5 years or so reporting on this Florida Probate case, I fully believe that Donald Tescher and Robert Spallina ordered the notary to forge the documents, as they were her bosses at that time.

NOW Fast Forward to Early 2018 and WOW, Ted Bernstein and his attorney Alan Rose of Mrachek, Fitzgerald, ROSE, Konopka, Thomas & Weiss seemed to have used this incident to further benefit client Ted Bernstein and to the detriment of other beneficiaries. This done via a secret confidential settlement with Tescher and Spallina for 2 different estates, the Estate of Simon Bernstein and the Estate of Shirley Bernstein. The secret settlement agreement was alleged to have been done in July of 2016 as stated by Alan Rose.

Sure am curious as to how this went down. I mean the acts that Tescher and Spallina did actually benefited Ted Bernstein, Alan's client. I would go so far as to say that Ted was involved in Tescher and Spallina forging the document, just speculating, and then years later a settlement with Ted's attorney .. ???

So what about this Kimberly Moran Story:

Kimberly Moran, Notary for Tescher and Spallina State of Florida Notary Suspension

Kimberly Moran was arrested and went through this process due to the actions of Eliot Bernstein. The fraud and forgery that Kimberly Moran committed benefited Ted Bernstein. Alan Rose of the Law Firm of Mrachek, Fitzgerald, ROSE, Konopka, Thomas & Weiss is and has been the attorney for Ted Bernstein.  The forgery fraud that Kimberly Moran, Notary for Tescher and Spallina committed seems to me to have benefited TED directly.

Kimberly Moran Legal Assistant & Florida Notary Public Employed by Tescher & Spallina P.A. Arrested by Palm Beach County Sheriff Forgery & Fraudulent Notarization License SUSPENDED by Governor Rick Scott Notary Public Division in the Estate of Shirley Bernstein before Judge Martin Colin

ARREST has been made in the Estate of Shirley Bernstein Florida for FRAUDULENT NOTARIZATIONS and admitted FORGERIES of five documents in our names and one in our father’s name, which was FORGED POST MORTEM for him by Donald and Roberts Legal Assistant and Notary Public, Kimberly Moran.

ARREST have been made in the Estate of Shirley Bernstein Boca Raton Florida for FRAUDULENT NOTARIZATIONS and admitted FORGERIES of five documents, which was FORGED POST MORTEM  by Donald and Roberts Legal Assistant and Notary Public, Kimberly Moran.
Response to Florida Governor in Kimberly Moran Notary Fraud, Forgery Case

Donald Tescher Filed a Bar Complaint with the Florida Bar against Robert Spallina, his then partner in the law firm Tescher and Spallina. Donald Tescher Filed this complaint January 15th 2014. Regarding Trust Document Tampering. The Document tampered with was to the benefit of Alan Roses' Client Ted Bernstein. And the detriment of Eliot Bernstein and other beneficiaries. Click Below to Read Bar Complaint

Below is the Revocation filing for Robert Spallina, Florida State Bar

"B. The Florida Bar File No. 2014-50,885{15E)
1. Petitiorier added a paragraph to his client's Trust Amendment
after the client was deceased in an effort to comply with the
client's wishes.

2. The Trust Amendment was presented to the Court by another
attorney at which point Petitioner admitted to his wrongdoing."


"Three disciplinary matters hung over Robert Spallina (Loyola Marymount University Law School, 2000), who pleaded guilty to securities fraud after engaging in insider trading and admitted adding a paragraph to a trust amendment after a client was dead to comply with the client’s wishes. So, Spallina opted for disciplinary revocation, which is similar disbarment. He can apply for reinstatement Oct. 30, 2021."

SEC Criminal Complaint Documents in Bar Complaint

More about Robert Spallina in all this Madness

Heritage Union Life Insurance Company and Jackson National have known about all this fraud, murder allegations, millions in life insurance and no policy, a "friendly" carrier claimed by Pam Simon of STP and more. Why they let the Fraud go on, well that will have to wait to be revealed, but I am guessing it will come out some day.  From who? Don't know, maybe Don Sanders, one can never know where the Truth will surface. Some research below to ponder for now, while the TRUTH is awaiting arrival.



Judge Martin Colin aided and abetted the criminal activities as I see it, in the Estate of Shirley Bernstein, the Estate of Simon Bernstein and all the fraud, forgery, civil rights violations, predatory guardianship and more. Colin knew all along, as did Judge John Phillips, then head of the Guardianship Program.

Court Hearing Regarding Deceased Signing Documents

September 17th 2013 Hearing

"THE COURT: So final disposition and the
 order got entered that Simon, your father ‐‐


22 THE COURT: ‐‐ he came to court and said I
23 want to be discharged, my wife's estate is
24 closed and fully administered.

25 MR. ELIOT BERNSTEIN: No. I think it
1 happened after ‐‐

THE COURT: No, I'm looking at it.

3 MR. ELIOT BERNSTEIN: What date did that
4 happen?

THE COURT: January 3, 2013.

6 MR. ELIOT BERNSTEIN: He was dead.

MR. MANCERI: That's when the order was
8 signed, yes, your Honor.

9 THE COURT: He filed it, physically came
10 to court.


12 THE COURT: So let me see when he actually
13 filed it and signed the paperwork. November.
14 What date did your dad die?

15 MR. ELIOT BERNSTEIN: September. It's
16 hard to get through. He does a lot of things
17 when he's dead.

18 THE COURT: I have all of these waivers by
19 Simon in November. He tells me Simon was dead
20 at the time.

21 MR. MANCERI: Simon was dead at the time,
22 your Honor. The waivers that you're talking
23 about are waivers from the beneficiaries, I
24 believe.

25 THE COURT: No, it's waivers of
1 accountings.

2 MR. MANCERI: Right, by the beneficiaries.

3 THE COURT: Discharge waiver of service of
4 discharge by Simon, Simon asked that he not
5 have to serve the petition for discharge.

6 MR. MANCERI: Right, that was in his
7 petition. When was the petition served?
8 THE COURT: November 21st.

9 MR. SPALLINA: Yeah, it was after his date
10 of death.

11 THE COURT: Well, how could that happen
12 legally? How could Simon ‐‐

13 MR. MANCERI: Who signed that?

14 THE COURT: ‐‐ ask to close and not serve
15 a petition after he's dead?  "

Click to Read Full Hearing Transcript and source of above quote, the above starts on page 14

Kimberly Moran, Florida Notary Public involved in Fraud, Forgery, Estate Fraud ..
Motion to Freeze Assets in Shirley Bernstein Estate. Judge Martin Colin did NOTHING.


THEY ALL KNOW, KNEW and / or participated AND DID NOTHING

Mark Manceri, Judge Martin Colin, Robert Spallina, Donald Tescher, Guardian Diana Lewis, Ted Bernstein, Pamela SimonDavid Simon, Deborah Bernstein, Laurence Pino, Judge John Phillips, Judge David French, Attorney Ashley Crispin, Attorney Brian O'Connell, Attorney John Pankauski, Attorney Steven Lessne, JP Morgan, Oppenheimer, Life Insurance Concepts, Life Cycle Financial Planners, STP Enterprises and a whole lot more law firms, insurance companies and individuals have been involved in what sure seems to be massive fraud, forgery, predatory guardian ship, civil rights violations, murder, theft, and more in South Florida. Do your Homework folks. These Judges, Guardians and Attorneys involved in the Estate of Simon Bernstein Case, have been doing this to countless victims for decades. 

Click Here to Scour Details of this Case
the Ted Bernstein Report by Investigative Blogger Crystal L. Cox

Sunday, 21 January 2018

Boca Raton Insurance Ted Bernstein, Pam Simon brother. THE PENN MUTUAL LIFE INSURANCE COMPANY v. BNC NATIONAL BANK, Third Party Defendant Ted Bernstein Boca Raton of Life Cycle Financial Planners.

Pamela Simon of STP Enterprises in Chicago is Ted Bernstein's sister. DO YOUR HOMEWORK.

Ted Bernstein Boca Raton Life Cycle Financial Planners.

20.    Stephen D. Schutte and Ted Bernstein Boca Raton, soliciting agents for the Carnago Life Insurance Policy.  (number 20, page 35 )

30.  Ted Bernstein may be liable ..

“31.    Plaintiff Penn Mutual has alleged that the life insurance policy was procured by

persons having no Insurable Interest at policy inception, and that there was, at the

time of application, a plan to transfer the Carnage Policy to a party or parties

possessing no Insurable Interest In the life of Carnago. In the event that Penn

Mutual prevails on this allegation, Third Party Plaintiffs Carnage and Schutte assert

that Third Party Defendant Visionary Marketing and/or Ted Bernstein may be liable

for all or part of that claim.”

Insurable interest means that if a person wants to buy 10M of insurance he must have a reason such as to cover income loss or estate taxes.  Without that “insurable interest,” even if he can pay or someone else can pay for the insurance the carrier will decline coverage.

How did Ted pull this all off? Got a Tip about Ted Bernstein's Insurance Scams over the years? eMail me at ReverendCrystalCox@Gmail.com

Source and Full Document of Above Information

Read all about Ted Bernstein Boca Raton, ya know the guy who says his only problem in life is Crystal Cox blogging about what he is actually doing, and that nothing ever came up as a black mark on the professional life of Ted Bernstein before Crystal Cox, yet there is so much out there for someone to research if they only take a deeper look than Ted Bernstein's stated word.

Pamela Simon of STP Enterprises in Chicago is Ted Bernstein's sister. DO YOUR HOMEWORK.

Also Check out the Bill Stansbury lawsuit against Ted Bernstein regarding his practices in the insurance industry.

Thursday, 21 December 2017

Conseco Companies Searching my Blogs. DO YOUR HOMEWORK

If you Need more information regarding Pam Simon of STP or Ted Bernstein Boca Raton, please email me at ReverendCrystalCox@Gmail.com. This is a VERY big deal. I see you are looking at information on Jackson National and Heritage. THEY paid 2 Million in an Insurance Claim in the District of Illinois Bernstein Case, and there were murder allegations by Ted Bernstein, a Toxic Coronors report. Pam flat out lied about the Trusts in the case, as to whether they existed and who were heirs and she did so knowingly willful and malicious.

Maybe it is Don Sanders, the possible "friendly carrier" looking at my blogs. Whoever you are, YOU cannot pay out a life insurance claim with NO POLICY, you DID, how ? Well if you can then why can't we all. I am working on a detailed letter of what you did and who did it to email Jackson National and the insurance regulators month after month until someone listens.

Jackson National Life Insurance Don Sanders

Monday, 27 November 2017

So WHO is Brett Verkaik really in all this? What does West Highland Capital Partners have to Do with Robert Spallina and the Bernstein Family Estates and Trusts?

Who are the kids that get 9% as discussed in the eMail linked below?

What involvement does Brett Verkaik have in the 5 years of denying the Eliot Bernstein family of their Fiduciary Rights and basically stealing money, as far as I see it, and assets, while engaging in what seems to be fraud on the court from the Simon and Shirley Bernstein Estate all for the benefit of Pam Simon of STP Enterprise and of Ted Bernstein Boca Raton Life Cycle Financial Planners. And of course attorney Alan Rose and attorneys Ashley Crispin and Brian O'Connell.

So is Brett Verkaik a friend or co-conspirator of Robert Spallina or Ted Bernstein? Most likely both as they seem to be in the same "circles". Got a Tip?  eMail me at ReverendCrystalCox@Gmail.com 

Brett Verkaik Distributions and Working Capital Loan. WHC, A&L, DDG, WH 345 DDG, Dynasty Trusts. Robert Spallina 345 Distributions and Working Capital Loan.
Got a Tip?  eMail me at ReverendCrystalCox@Gmail.com 

I Suppose if Brett Verkaik were involved with Robert Spallina in any way, then surely Brett Verkaik must be under investigation by the SEC or FBI, as Robert Spallina who his email linked below was sent to and showed up in the production and discovery of the connected estate cases, well he has SEC charges and a Bar Complaint regarding FRAUD and FORGERY in the same case, as filed by his former partner Donald Tescher.

More information on Robert Spallina's involvement

West Highland Capital Partners

Brett Verkaik [brett@standardmarket.com]
an Illinois Deli?? What?

Brett Verkaik [brett@standardmarket.com]
Monday, August 05, 2013 12:04 PM

Robert Spallina

Fwd: 345 Distributions and Working Capital Loan

345MP - Promissory Note (7.31.2013).pdf; ATT4441 O.htm; 345MP - Closing Schedule
(7.31.2013).pdf; ATT44411.htm; Historical 1 Month LIBOR (7.31.2013).pdf; ATT44412.htm
See below."

West Highland Capital Partners

"We have already wired the working cap loan and interest to WHC which will term the note between A&L and WHC for the DDG loan for 345's working capital. We have wired the first equity dist of 345 to the WH 345 LLC account. We will need to determine the accurate distribution for WHC and the dynasty trusts from here. I assume we can split 64 I 36 (9% for each kid).
Please advise.



Did the Condo Sale money get invested with WHC, Brett Verkaik? And do the "kids" or "grandkids" get 9% and does or did Ted Bernstein have the legal right to do this? What is the TRUTH?

Got a Tip?  eMail me at ReverendCrystalCox@Gmail.com 

"From: Christopher Prokop <cjp@ddgpartners.com>
Subject: 345 Distributions and Working Capital Loan
Date: August 1, 2013 12:59:45 PM CDT
To: Brett Verkaik <brett.verkaik@westhighlandcapital.com>

Hi Brett,

As per our discussion, attached is the promissory note interest calculation table.
Also attached is the updated condominium unit closing schedule. We are pleased to now have signed contracts on all units and closed over 50% of the units (with the M&T bank loan paid off as well).

Our current distribution will be for a total of $15M plus paying off the $1M working capital loan and interest. We had anticipated a larger distribution for 8/1/13 but have faced delays from the NYC Department of Buildings scheduling TCO inspections and processing the TCO paperwork required for closings which has resulted in some closing dates being pushed
out (as we mentioned back in May/June, NYC TCO sign-off was our biggest risk in closing timing) .

In addition, some of the buyers have exercised their right to a one time postponement for their unit closings and have actually paid per diem penalties associated with the postponement (with buyer deferrals our second biggest risk in closing timing as highlighted in May/June). We are on track for the next wave of closings in August and anticipate the next distribution of
roughly $18M around September 1 with the balance of units expected to close by the end of September.

This excludes the two retail units so the final project distribution will be tied to signing retail leases and the exit strategy of selling vs. longer term hold. We are also holding sufficient working capital to complete the construction.

Current amounts to be distributed to West Highland:
Working capital loan and interest: $1,068,034


First equity distribution: $13,333,334 {88.89% of total distribution)
Total amount to West Highland: $ 14,401,368

Please confirm wire instructions to send funds and let me know if you have any questions or would like to discuss further.

Thank you.


Christopher J. Prokop of DDG. What is his role in all this? Truthfully.
Got a Tip?  eMail me at ReverendCrystalCox@Gmail.com 

Sunday, 26 November 2017

Ted Bernstein Boca Raton. Ted Bernstein Deposition. Does this seem like a Trust Expert to you? An insurance expert? Ted does not even know what States he is licensed in. WOW. And what about David Simon? Do you really Trust STP enterprises. DO YOUR HOMEWORK.

Ted Bernstein Deposition Link Page

This Deposition clearly shows Ted Bernstein's integrity, ethics, honesty, and how Ted Bernstein of Life Cycle Financial Planners does business. 

" Q· · Do you hold a license in any other state?
10· · · · A· · I believe I do.
11· · · · Q· · What other state or states?
12· · · · A· · I can't remember off the top of my head."

· A· · I can't -- I really can't remember.· There's a
18· ·lot of states, and at different times we will do
19· ·business in those states and get a nonresident license.

20· ·I really can't remember."

This Jackass cannot even remember what States he is licensed in yet wants you to believe that he is going to Protect your Family and your Assets?? What?

"Q· · Can you tell me what status you now have with
·8· ·respect to the Estate of Simon Bernstein.
·9· · · · · · ·MR. SIMON:· Objection; vague.
10· · · · Q· · Do you understand my question?
11· · · · A· · I don't understand the word "status".
12· · · · Q· · Well, do you have any official role in any
13· ·official capacity with regard to the estate itself or
14· ·any entities or structures that relate to the estate?
15· · · · · · ·MR. SIMON:· Objection; vague.
16· · · · A· · I believe I do; as trustee.
17· · · · Q· · Of what are you trustee?
18· · · · A· · Simon Bernstein Trust.
19· · · · Q· · What is the year of that trust?
20· · · · A· · I don't recall."

Gee I don't RECALL. I Don't understand the word "status". "I BELIEVE I DO".  Is this the guy that's got your back in the financial world? WOW.

" Q· · You are also a plaintiff in the case that's
22· ·pending in Chicago; is that correct?
23· · · · A· · Yes.
24· · · · Q· · So have you perceived any divergence of
25· ·interest or any conflict of interest in having a role
·with respect to the trust and the estate while
·2· ·simultaneously being a plaintiff in the case in Chicago?
·3· · · · A· · I do not.
·4· · · · Q· · As the trustee of the trust, the Simon
·5· ·Bernstein Trust, will the proceeds of the estate, once
·6· ·they are disbursed, be disbursed to that trust of which
·7· ·you are a trustee?
·8· · · · · · ·MR. SIMON:· Objection; speculation.
·9· · · · Q· · To your knowledge, is that your understanding
10· ·of the mechanics of it?
11· · · · A· · I do believe that that's correct.
12· · · · Q· · And you agree that, if you are successful as a
13· ·plaintiff in the Chicago case, the amount of assets
14· ·available in the estate to be disbursed to the trust of
15· ·which are you a trustee will be reduced, correct?
16· · · · A· · Could you -- could you ask me that in a
17· ·different way?
18· · · · Q· · Yes.· If you are successful as a plaintiff in
19· ·the Chicago case and the proceeds of the insurance
20· ·policy regarding which we are all litigating is
21· ·disbursed to the plaintiffs in the Chicago case, those
22· ·funds will not be disbursed to the estate.· You
23· ·understand that?
24· · · · A· · I do.

25· · · · Q· · And, therefore, the estate will have less
·funds to disburse to the trust of which you are a
·2· ·trustee.· Do you understand mechanically that's what
·3· ·would happen in that circumstance?
·4· · · · A· · I -- I do.
·5· · · · Q· · So you don't perceive a conflict in those
·6· ·roles?
·7· · · · A· · I do not.
·8· · · · Q· · Okay.· Now, the date of your father's death
·9· ·was September 13, 2012, correct?
10· · · · A· · Yes.
11· · · · Q· · Prior to the time that your father died, were
12· ·you aware of the existence of any trust with regard to
13· ·any life insurance policy?
14· · · · · · ·MR. SIMON:· Objection; vague.
15· · · · A· · Can you define "existence"?
16· · · · Q· · Well, when did you first learn that -- well,
17· ·strike that.
18· · · · · · ·In the lawsuit in Chicago, you're aware that
19· ·the plaintiffs are promoting the notion that there is a
20· ·1995 insurance trust which should receive the funds of
21· ·the insurance proceeds, correct?
22· · · · A· · Correct.
23· · · · Q· · When did you first become aware of the
24· ·existence of the trust that is being promoted as the

25· ·beneficiary in the Chicago case?
 A· · I'm not sure that I can recall when I first ·2· ·remembered when there was a trust. ·3· · · · Q· · Did you learn of it before or after your ·4· ·father passed away? ·5· · · · A· · Before. 

Ted Bernstein sure seems to have a memory problem.  And ya ummm it sure seems there was and is lot's of conflicts of interest. Ted Bernstein constantly whines that I, Crystal Cox, am not reporting the Truth, however, the documents and depositions, the Trusts, and all that I have posted shows you the TRUTH for yourself. Do your Due Diligence for YOURSELF. 

" Q· · What did you understand the purpose of the
·7· ·affidavit to be?
·8· · · · A· · To create a record of what my understanding
·9· ·was of the questions being addressed here.
10· · · · Q· · Now, if I could ask you, please, to look at --
11· ·I think it's the -- I don't know what page it is, but
12· ·it's -- I guess at the top it's Page 6 of 20, if you
13· ·look up there, and paragraph 25.· Do you see that?

14· · · · A· · I do.
15· · · · Q· · Now, that paragraph says that, "I, Ted
16· ·Bernstein, as trustee of the Bernstein Trust, retained
17· ·plaintiff's counsel and initiated the filing of this
18· ·action."
19· · · · · · ·Now, the first question I have for you is
20· ·what's the basis for your assertion that you are the
21· ·trustee of the Bernstein Trust?
22· · · · A· · What is the basis of my understanding?
23· · · · Q· · Yeah.
24· · · · A· · I guess a couple of different things would be
25· ·the basis of my understanding.
 Q· · What are they?
·2· · · · A· · David Simon told me I was the successor
·3· ·trustee.
·4· · · · Q· · Okay.
·5· · · · A· · I've seen documents that would lead me to
·6· ·believe that I was a successor trustee in some of the
·7· ·notes that were in the documents that I've seen.
·8· · · · Q· · What documents are those?
·9· · · · A· · Trust documents.

10· · · · Q· · Which trust documents are you referring to?
11· · · · A· · I'm referring to the trust document that owned
12· ·this trust.· I mean owned this policy.
13· · · · Q· · So do we share the understanding that no one
14· ·has located an executed copy of the 1995 trust?
15· · · · A· · We do.

16· · · · Q· · I have Exhibits 21 and 22.· I would ask the
17· ·court reporter to give those to you.
18· · · · · · ·(Exhibits 21 and 22 were marked for
19· ·identification.)
20· · · · Q· · Looking at number 21, I understand this to
21· ·have been a draft of -- represented to be a draft of a
22· ·trust that was found on a computer in the Simon law
23· ·office.· Have you seen this document before and is my
24· ·understanding correct as far as you know?
25· · · · A· · 21?
 Q· · Yeah.
·2· · · · · · ·(Pause.)
·3· · · · Q· · Does my question make sense or should I
·4· ·restate it?· It was kind of convoluted.
·5· · · · A· · Sure, please.
·6· · · · Q· · So looking at number 21, what do you
·7· ·understand that to be?
·8· · · · A· · An unexecuted copy of the irrevocable trust
·9· ·agreement.

10· · · · Q· · I'll tell you what.· When we're talking about
11· ·the '95 trust, how about if we both call it the '95
12· ·trust?· That way we won't confuse ourselves.· Because I
13· ·think I started by not doing that, and I don't want us
14· ·confused.· Okay?
15· · · · A· · The '95 trust, certainly.
16· · · · Q· · Have you seen this before?
17· · · · A· · Yes, I have.
18· · · · Q· · Is this one of the documents you're referring
19· ·to as being one of the bases for your belief that you
20· ·are the trustee of the '95 trust?
21· · · · A· · I believe so.
22· · · · Q· · When I look at Page 10, BT10, paragraph A
23· ·refers to the appointment of a successor trustee and it
24· ·refers to David Simon, and I'm wondering what about this
25· ·document implies to you that you would be the successor
·2· · · · A· · Well, there's a couple of versions of this
·3· ·document if my recollection is correct, and -- or maybe
·4· ·not this document, but maybe forms of this document, and
·5· ·in another one of the forms of this document I have seen
·6· ·in this, what I believe would be the same or similar
·7· ·section, some handwritten notes that listed me as a
·8· ·successor trustee.
·9· · · · Q· · So, at least for our purposes, what I've shown
10· ·you as number 21 does not refer to you, correct?
11· · · · A· · That's correct.

12· · · · Q· · All right.· We'll get back to 21.
13· · · · · · ·Looking at 22 now, if you go to Page 20, I
14· ·understand, and tell me if you share this understanding,
15· ·that number 22 was a hard copy draft represented to be a
16· ·draft of the '95 trust that was found in a file
17· ·someplace in the Simon law office.· Do you share that
18· ·understanding?
19· · · · A· · I'm -- I'm not sure.· Could you repeat that
20· ·for me, please?
21· · · · Q· · Well, have you seen this before?
22· · · · A· · I have.
23· · · · Q· · What do you understand it to be?
24· · · · A· · A version, another version of the -- of the
25· ·trust document, of the '95 trust.
 Q· · It is also unexecuted, correct?
·2· · · · A· · Yes, it is.

·3· · · · Q· · When you look at Page BT20, do you see that?
·4· · · · A· · I do.
·5· · · · Q· · When you look at paragraph A under article 11,
·6· ·is that the handwriting you're talking about having
·7· ·seen?
·8· · · · A· · Yes, it is.
·9· · · · Q· · It says, "If for any reason --," it looks like
10· ·it says, "Shirley dead," et cetera, question mark,
11· ·right?
12· · · · A· · Yes.
13· · · · Q· · Then it says, "Does not continue to act as
14· ·trustee," and then it looks like it says, "Pam, Ted,"
15· ·right?
16· · · · A· · Yes.
17· · · · Q· · Whose handwriting is that, do you know?
18· · · · A· · I believe it to be David's.

19· · · · Q· · Did David ever have a conversation with you
20· ·about either of these documents, 21 or 22?
21· · · · A· · No.
22· · · · Q· · Other than those two documents that I've just
23· ·shown you, Exhibits 21 and 22, are you aware of any
24· ·other documents that exist that constitute drafts of the
25· ·1995 trust?
 A· · No.
·2· · · · Q· · So, as far as you know, these are the only
·3· ·drafts that are in our communal possession, correct?
·4· · · · A· · I believe so.
·5· · · · Q· · Earlier, in beginning to answer one of my
·6· ·questions, you said that David Simon was a source of
·7· ·your knowledge that you were the trustee.· Did you ever
·8· ·have a conversation with David in that regard, or
·9· ·conversations?
10· · · · A· · About him telling me that I was the successor
11· ·trustee?
12· · · · Q· · Yes.
13· · · · A· · Yes.
14· · · · Q· · When was the first time you and he talked
15· ·about that?
16· · · · A· · It was sometime after Simon's death.· I would
17· ·say after Simon's death.

18· · · · Q· · Do you have a sense for how long after Simon's
19· ·death?
20· · · · A· · No, I really don't.
21· · · · Q· · Who was present for that conversation?
22· · · · A· · Other than he and me, I don't know if anybody
23· ·was.
24· · · · Q· · What did you say to him?· What did he say to
25· ·you in that conversation?
A· · I don't have any idea.
·2· · · · Q· · Well, did you talk about the '95 trust?
·3· · · · A· · Yes.
·4· · · · Q· · What did you say to him and what did he say to
·5· ·you?
·6· · · · A· · I can't recall the specifics, but it was about
·7· ·the fact that there was a trust that was unable to be
·8· ·located and who the -- the trustees were, who the
·9· ·successor trustees were.
10· · · · · · ·I can't be more specific with you than --
11· ·than -- than that.· I just don't recall, you know, the
12· ·specifics of the conversation at that point in time.

13· · · · Q· · All right.· At the point in time that you had
14· ·that conversation, did David have in his possession
15· ·either Exhibit Number 21 or Number 22, or had you seen
16· ·either of them by then?
17· · · · A· · I don't believe so.
18· · · · Q· · Is it fair to say that you didn't see 21 and
19· ·22 until sometime after your father died?
20· · · · A· · That's correct.
21· · · · Q· · Now, if you would go to -- looking back at
22· ·your exhibit now, which is number 19, if you would look
23· ·at paragraph 47.· Do you see that?
24· · · · A· · Yes.

25· · · · Q· · Now, you describe there that you participated
·in and conducted diligent searches of your father's
·2· ·home, office and condominium, and some further activity
·3· ·following that.· Can you tell me when those searches
·4· ·took place relative to his death?
·5· · · · A· · No, I can't.

·6· · · · Q· · Can you give me a time range?· If you think
·7· ·about the date of his death being in September, did you
·8· ·do that search October, November, December?
·9· · · · A· · I really -- I don't know the dates.
10· · · · Q· · Who else searched, or who searched with you,
11· ·if that's different?
12· · · · A· · I don't believe that anybody else searched
13· ·with me.

14· · · · Q· · Did anyone search separately for documents?
15· · · · · · ·MR. SIMON:· Object --
16· · · · A· · No.
17· · · · Q· · In paragraph 48 of Exhibit 19, it says, "I am
18· ·aware that the documents produced by Plaintiffs in this
19· ·matter also contain documents located by David Simon and
20· ·Pamela Simon in their offices in Chicago."· Do you see
21· ·that there?
22· · · · A· · I do.

23· · · · Q· · When do you understand they performed a search
24· ·of their offices in Chicago for documents relative to
25· ·the dispute we're in now?
 A· · I have no idea.
·3· · · · Q· · Well, you said that you're aware.· How were
·4· ·you made aware of that fact?
·5· · · · A· · By learning of it probably from conversations.
·6· · · · Q· · Conversations with whom?
·7· · · · A· · With David Simon, I would imagine.
·8· · · · Q· · But you don't know the source -- you can't
·9· ·tell me specifically the source of that information,
10· ·correct?
11· · · · A· · Well, you're asking for dates or source?
12· · · · Q· · Well, source is where I'm going now.
13· · · · A· · Source, I think it was with -- with David
14· ·Simon.
15· · · · Q· · What documents do you understand were located
16· ·and produced that were found in their offices?
17· · · · · · ·MR. SIMON:· Objection; speculation.
18· · · · Q· · Well, now, let's make sure we're clear.· I'm
19· ·never asking you to speculate -- there might be times
20· ·that I do ask you to speculate.· Sometimes that's a
21· ·useful question to ask.· So when Mr. Simon says,
22· ·"Objection; speculation," I'm asking you to tell me what
23· ·you know or you don't know or what you think.· So I just
24· ·want you to be aware that I'm not asking you to take
25· ·wild guesses about things.
A· · Okay.
·2· · · · Q· · All right?
14· · · · · · ·MR. STAMOS:· Was there a question pending?
15· · · · · · ·(Read back by the reporter.)
16· · · · · · ·THE WITNESS:· And -- other than these
17· · · · documents, I would imagine, that you're asking me
18· · · · about?
19· · · · Q· · (By Mr. Stamos) Other than 21 and 22 you mean?
20· · · · A· · Yes.
21· · · · Q· · Yes.
22· · · · A· · Other than 21 and 22.· I believe there was a
23· ·document that was something to do with a filing to the
24· ·IRS concerning the trust.· There might have been a -- a
25· ·W-9 or something.· And I think that might be the extent
of it.
·2· · · · Q· · All right.· So let's then go to number 88,
·3· ·paragraph 88.· That's page 13 of 20.
·4· · · · A· · 88?
·5· · · · Q· · Yes.
·6· · · · A· · Okay.· It's on my Page 12, but okay.
·7· · · · Q· · Oh.· If you look at the top, does the top say,
·8· ·"13 of 20"?
·9· · · · A· · 13 of 20 on the top, it does.

10· · · · Q· · Yeah, I'm sorry.· I think actually we had
11· ·those numbered and sent to you, but the copy I had it
12· ·made from was never numbered.· So we'll refer to it as
13· ·Page 12.
14· · · · A· · Okay.

15· · · · Q· · All right.· So 88, it says here, "In 1995, I
16· ·was sharing office space with Simon Bernstein in
17· ·Chicago, as was your sister Pam and David."
18· · · · · · ·Now, first of all, during what years did you
19· ·share office space with your father in Chicago?
20· · · · A· · About these times, I'm going to say shared
21· ·office space in 1980 through 1995-ish.
22· · · · Q· · In 1995, did you leave for Florida?
23· · · · A· · Yes.· I began --

24· · · · Q· · Okay.
25· · · · A· · Yes, I began going to Florida in 1995 back and
·2· · · · Q· · It says, "In the summer of 1995, Simon
·3· ·Bernstein discussed with me that he was forming a life
·4· ·insurance trust with a policy and that I would be named
·5· ·one of the trustees for the life insurance trust."
·6· · · · · · ·Now, who was present for that conversation?
·7· · · · A· · Of course Simon Bernstein, my father, would
·8· ·have been present, but other than that I can't remember.

·9· · · · Q· · After you and he talked about that in 1995,
10· ·what was the next time you had any information or
11· ·knowledge regarding the existence, creation, changes to,
12· ·et cetera, regarding a trust in 1995, dated 1995?
13· · · · A· · I believe that would have been maybe a year, a
14· ·year and a half prior to my father's death when there
15· ·was a -- this -- the policy that was in this trust
16· ·lapsed and there was a reinstatement matter, and about
17· ·that time it would have -- it would have come up again.

18· · · · Q· · When you say, "It would have come up again,"
19· ·did you have a conversation with anyone at that time
20· ·about the 1995 trust?· In other words --
21· · · · A· · No."

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