113-06883 Figueroa V Szymoniak Depo Lynn Szymoniak Vol. 1 Depo W.O. Exhibits, June. 25, 2015

Filing# 45801316 E-Filed 08/29/2016 01:57:19 PM
In the Matter of:
FIGUEROA
vs.
SZYMONIAK
LYNN SZYMONIAK, ESQ
June 25, 2015
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ORANGE LEGAL
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ww,'+ .Orangelegal.0001
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800-275-7991
FIGUEROA vs. SZYMONIAK
LYNN SZYMONIAK, ESQ
Designated Confidential
1
IN THE CIRCUIT COURT
2 OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
3 CASE NO. 13-06883
4
IGNACIO DAMIAN FIGUEROA,
5
Plaintiff,
6 vs.
7 LYNN SZYMONIAK, ESQUIRE,

individually and as
8 shareholder / member / owner of
The Szymoniak Firm, P.A.; THE
9 SZYMONIAK FIRM, P.A., a
Florida professional
10 association; HAL J. KLEINMAN,
ESQUIRE, individually; JANET,
11 JENNER & SUGGS, LLC,
12 Defendants.
13 _____________________/
14 VIDEO DEPOSITION OF:
15 LYNN SZYMONIAK, ESQ
16 DESIGNATED CONFIDENTIAL
17 DATE: JUNE 25, 2015
18 TIME: 10:06 A.M. - 4:02 P.M.
19 TAKEN BY: PLAINTIFF
20 PLACE: ORANGE LEGAL

500 S. AUSTRALIAN AVE., #600
21 WEST PALM BEACH, FLORIDA 33401
22 REPORTED BY: EDWARD F. KIDD, RPR, LCR

Notary Public, State of Florida
23
24
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ORANGE LEGAL Orange Legal
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LYNN SZYMONIAK, ESQ 2
1 APPEARANCES:
3 Appearing on behalf of the Plaintiff:
4 ERIC BRADSTREET, ESQUIRE and

DONALD W. ST. DENIS, ESQUIRE
5 OF: ST. DENIS & DAVEY, P.A.
1300 Riverplace Boulevard
6 Suite 401
Jacksonville, Florida 32207
7 (904)396-1996
eric@sdtriallaw.com
8 don@sdtriallaw.com
10 Appearing on behalf of the Defendant Szymoniak:
11 MARK A. CULLEN, ESQUIRE

OF: CULLEN LAW FIRM, P.A.
12 500 South Australian Avenue
Suite 543
13 West Palm Beach, Florida 33401
(561)640-9191
14 mailbox@cullenlawfirm.net
15
Appearing on behalf of the Defendants Kleinman
16 and Janet, Jenner & Suggs:
17
18 MARJORIE S. HENSEL, ESQUIRE

OF: HINSHAW & CULBERTSON, LLP
19 100 South Ashley Drive
Suite 500
20 Tampa, Florida 33602
(813) 276-1662
21 mhensel @hinshawlaw.com
22
23 Also Present: RYAN KICK, VIDEOGRAPHER
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1 I N D E X Page
3 WITNESS: LYNN SZYMONIAK, ESQ
4 Direct Examination By Mr. Bradstreet ....... 5
5 CERTIFICATE OF OATH ...................... 127
6 CERTIFICATE OF REPORTER .................. 128
7 ERRATA PAGE .............................. 12 9
8 READ AND SIGN LETTER ..................... 130
10 E X H I B I T S
11
12 EXHIBIT DESCRIPTION PAGE
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14 Exhibit 1 Complaint 37
15 Exhibit 2 Defendant Lynn Szymoniak's 53

Notice of Serving Answers
16 to Second Set of
Interrogatories
17
Exhibit 3 Defendant Lynn Szymoniak's 59
18 Response to Plaintiff's
Third Request for
19 Production
20 Exhibit 4 Composite 62
21 Exhibit 5 United States Securities 62

and Exchange Commission
22 Form WB-APP with
Attachments Al thru 5
23
Exhibit 6 Emails 74
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1 * * * * * *
2 S T I P U L A T I O N S
3 It is hereby stipulated and agreed by
4 and between counsel present for the respective
5 parties, and the deponent, that the reading and
6 signing of the deposition are hereby reserved.
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1 THE VIDEOGRAPHER: Here begins the
2 videotape deposition of Lynn Szymoniak in
3 the matter of Ignacio Damian Figueroa versus
4 Lynn Szymoniak, Esquire, et al. The
5 deposition is being held at Orange Legal,
6 West Palm Beach, 500 South Australian
7 Avenue, West Palm Beach, Florida.
8 Today's date is June 25th, 2015. The
9 time is 10:06 a.m. The court reporter is Ed
10 Kidd. And the video specialist is Ryan Kick
11 on behalf of Orange Legal.
12 Would counsel and all parties present
13 please introduce yourself after which the
14 court reporter will swear in the witness.
15 MR. BRADSTREET: Eric Bradstreet and
16 Donald St. Denis for the plaintiff.
17 MR. CULLEN: Mark Cullen on behalf of
18 Lynn Szymoniak and The Szymoniak firm.
19 MS. HENSEL: Marjorie Hensel on behalf
20 of Janet, Jenner & Suggs and Hal Kleinman .
21 THE REPORTER: Ma'am, would you raise
22 your right hand, please?
23 THE WITNESS: (Witness complies.)
24 THE REPORTER: Do you solemnly swear
25 the testimony you're about to give will be

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1 the truth, the whole truth and nothing but
2 the truth so help you God?
3 THE WITNESS: I do.
4 THEREUPON,
5 LYNN SZYMONIAK,
6 called as a witness, and after having been first
7 duly sworn, testified as follows:
8 DIRECT EXAMINATION
9 BY MR. BRADSTREET:
10 Q. Good morning. Could you state your
11 name for the record, please?
12 A. Lynn Szymoniak.
13 Q. Ms. Szymoniak, my name is Eric
14 Bradstreet and we may have met in previous
15 proceedings in this case and I represent
16 Mr. Figueroa, Ignacio Damian Figueroa. It is my
17 understanding that you typically refer to him as
18 Damian Figueroa?
19 A. Yes.
20 Q. So if I refer to my client as Damian or
21 Mr. Figueroa throughout the deposition you'll
22 understand who I'm talking about?
23 A. Yes.
24 Q. Could you please give us your business
25 address?
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1 A. I'm retired now. I don't have a
2 business address.
3 Q. And when did you retire?
4 A. About two years ago. Any work I do, I
5 do from my home now.
6 Q. What is your home address, then?
7 A. 8268 Man 0' War Road, Palm Beach
8 Gardens, Florida, 33418.
9 Q. How long have you lived at Man 0 1 War?
10 A. Since 1998.
11 Q. Since retiring have you done any
12 volunteer work?
13 A. Yes, I work regularly for the Housing
14 Justice Foundation, which is a nonprofit here in
15 South Florida, and -- in West Palm Beach, and I
16 also take occasional assignments from lawyers.
17 Q. These assignments you take from
18 lawyers, are they for compensation or are they
19 pro bona?
20 A. Both .
21 Q. Is your license to practice law in the
22 state of Florida still active?
23 A. Yes.
24 Q. When taking assignments from other
25 lawyers for compensation, are you still

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1 practicing under The Szymoniak Firm, P.A.?
2 A. Yes.
3 Q. And where did you attend college,
4 undergrad?
5 A. Bryn Mawr College, in Bryn Mawr,
6 Pennsylvania.
7 Q. When did you graduate?
8 A. '72.
9 Q. Did you go straight to law school after
10 graduation?
11 A. No.
12 Q. Between Bryn Mawr College and law
13 school, what business were you employed in?
14 A. I worked for the Bryn Mawr Trust
15 Company and Bryn Mawr.
16 Q. What is the Bryn Mawr Trust Company?
17 A. It's a bank and trust company in Bryn
18 Mawr, Pennsylvania.
19 Q. What did you do for the Bryn Mawr Trust
20 Company?
21 A. I started out as a teller, and worked
22 as a head teller and then worked in secured
23 loans.
24 Q. Were you a loan officer?
25 A. Yes.
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1 Q. Did you do any loan underwriting?
2 A. No, my primary responsibility was
3 really to check for collateral to see that the
4 collateral was sufficient for the loans that were
5 on the books.
6 Q. Were these secured loans involving real
7 estate loans?
8 A. No .
9 Q. Business loans or car loans, what type
10 of loans?
11 A. No, it was usually secured personal
12 loans. Loans secured usually with shares of
13 stock.
14 Q. When you say shares of stock, are you
15 talking about shares of stock in closely held
16 companies?
17 A. No, usually public traded stock but
18 this was before you could go online and verify
19 that the amount of collateral was sufficient to
20 cover the amount of the loan in the app.
21 Q. How long did you work at Bryn Mawr
22 Trust Company?
23 A. For four years.
24 Q. After leaving Bryn Mawr Trust Company,
25 did you go straight to law school?

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1 A. Yes.
2 Q. Where did you attend law school?
3 A. Villanova Law School, Villanova, PA.
4 Q. When did you graduate from Villanova?
5 A. 1979.
6 Q. Did you get a juris doctorate, at that
7 time?
8 A.
Q. Do you have any advanced law degrees
10 such as an LLM?
11 A. I do not.
12 Q. After graduating from Villanova Law
13 School, did you immediately become a member of
14 the Florida Bar?
15 A. No. I first became a member of the
16 Pennsylvania Bar.
17 Q. When did you become a member of the
18 Pennsylvania Bar?
19 A. 1979.
20 Q. When did you become a member of the
21 Florida Bar?
22 A. 1981.
23 Q. Were you a member of the bar in any
24 other state?
25 A. I was a member of the Oklahoma Bar in

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1 1980.
2 Q. Is that license still active?
3 A. No.
4 Q. Is your Pennsylvania Bar license still
5 active?
6 A. No.
7 Q. Have you ever received any board
8 certification from either of these states• bars?
9 A. No .
10 Q. Have you ever been subjected to
11 discipline by either state's bar?
12 A. No.
13 Q. Have you ever been convicted of a
14 felony?
15 A. No.
16 Q. Have you ever been convicted of a crime
17 of dishonesty?
18 A. No.
19 Q. Where were you first employed as a
20 lawyer?
21 A. Delaware County Legal Aid.
22 Q. Is that in Pennsylvania?
23 A. Yes. Suburb of Philadelphia.
24 Q. How long were you employed by the
25 Delaware County Legal Aid?

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1 A. When?
2 Q. How long, yes.
3 A. I started there as a certified legal
4 intern in my third year of law school, and I
5 stayed with them for about six months.
6 Q. Why did you leave the Delaware County
7 Legal Aid organization?
8 A. I'm sorry, what was the question?
9 Q. Why did you leave Delaware County Legal
10 Aid?
11 A. Oh, I found a better position, what I
12 felt was a better position in Oklahoma.
13 Q. Where did you work in Oklahoma?
14 A. I worked in Hugo, Oklahoma for the
15 Legal Services of Eastern Oklahoma.
16 Q. How long were you employed by the Legal
17 Services of Oklahoma?
18 A. One year.
19 Q. And why did you leave that employment?
20 A. The program lost its funding. It had
21 Federal funding but it lost its funding.
22 Q. After Legal Services of Oklahoma, what
23 was your next legal employment?
24 A. Florida Rural Legal Services in West
25 Palm Beach and Belle Glade.

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1 Q. When were you employed by Florida Rural
2 Legal Services?
3 A. I want to say '81 to '83, I think. I'm
4 not sure.
5 Q. Okay. After Florida Rural Legal
6 Services where were you employed next?
7 A. At a law firm with Mark Cullen, Cullen
8 and Szymoniak, P.A . , and we had offices in Lake
9 Worth, Florida.
10 Q. How long did you work with Cullen &
11 Szymoniak, P.A.?
12 A. About three years.
13 Q. After Cullen & Szymoniak, P.A., where
14 were you next employed?
15 A. Next I worked for Nova Law Center in
16 Ft. Lauderdale, Florida.
17 Q. Is that NOHA, N-O-H-A?
18 A. N-0-V-A.
19 Q. Nova, excuse me. Were you a partner,
20 associate there?
21 A. No, I was on the faculty . It's a law
22 school. I was a faculty member, I was a clinical
23 director .
24 Q. How long were you a clinical director
25 at Nova Law Center?

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1 A. Three years.
2 Q. After leaving the employment of Nova
3 Law Center, where did you next work?
4 A. I worked for the National Council on
5 Compensation Insurance in Boca Raton, Florida.
6 Q. What was your position there?
7 A. Senior litigation counsel.
8 Q. How long were you employed by National
9 Council on Compensation Insurance?
10 A. Three years.
11 Q. Where was your next place of
12 employment?
13 A. A law firm, Adorno & Zeder, P.A.
14 Q. Were you a partner or associate there?
15 A. I was a partner.
16 Q. How long were you at Adorno & Zeder?
17 A. Three years.
18 Q. And why did you leave Adorno & Zeder?
19 A. I left to start my own firm.
20 Q. Would that be The Szymoniak Firm, P.A.?
21 A. No, it was first called Szymoniak &
22 Ridge, P.A .
23 Q. Since starting at Szymoniak & Ridge,
24 P.A., have you opened new professional
25 associations to practice under or have you just

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1 changed the name throughout the history?
2 A. I don't remember. But I believe I just
3 changed the name from Szymoniak & Ridge to The
4 Szymoniak Firm, P.A.
5 Q. Was Ridge a partner of yours?
6 A. Yes.
7 Q. What's Mr. or Ms. Ridge's first name?
8 A. Paul.
9 Q. When did your association with Paul
10 Ridge cease?
11 A. About a year after we opened the firm .
12 Q. Throughout your legal career did you
13 ever practice real estate law?
14 MR. CULLEN: Objection as to form.
15 THE WITNESS: I may have done one or
16 two closings. Up until I got interested in
17 foreclosure defense in 2008.
19 Q. So next question is have you ever
20 practiced real estate litigation?
21 A. Not that I can recall.
22 Q. But you have practiced foreclosure law?
24 THE WITNESS: Very little. I have been
25 an expert witness relating to foreclosure.

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2 Q. When you got interested in the
3 foreclosure defense in 2008, what exactly were
4 you doing with respect to foreclosure defense
5 starting around 2008?
6 A. I was researching possible defenses to
7 foreclosure and giving opinions as an expert as
8 to whether the documents used in foreclosures
9 were legitimate or fraudulent.
10 Q. Have you had any training in
11 determining whether documents are legitimate or
12 fraudulent?
13 A. Yes.
14 Q. And where did you get that training?
15 A. Some of the training I got from an
16 organization called Certified Fraud Examiners,
17 which was run by retired FBI agents. I also had
18 training with the insurance industry SIU units,
19 and I went to and helped teach a session at the
20 FBI in Quantico, did a lot of work when I was at
21 NCCI. From the time I was at NCCI forward,
22 almost all of my practice involved white collar
23 fraud.
24 Q. Did you get a certificate from
25 Certified Fraud Examiners?

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1 A. Yes.
2 Q. When did you obtain that certificate?
3 A. I don't really remember. I got a
4 certificate and it was a program where you became
5 a member, took an exam and you became a member.
6 But I think that was when I was at NCCI.
7 Q. Did you get any sort of certificate
8 from SIU minutes?
9 A. Probably something, same kind of thing
10 you get when you attend CLEs, just a certificate
11 of attendance.
12 Q. Is there any State or Federal
13 regulatory board for fraud examiners, that you
14 know of?
15 A. Many states now license fraud
16 examiners. So, at least insurance fraud
17 examiners. So you have to be licensed.
18 Q. Do you have a license from a state for
19 fraud examination?
20 A. I do not. I have been certified as an
21 expert in several Federal court cases.
22 Q. Do you recall the case style and court
23 of any of those cases?
24 A. Two of the cases where I testified as
25 an expert and was certified were in Jacksonville,

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1 Federal criminal trials in Jacksonville. One was
2 in Tampa/St. Pete, one was in Charleston, South
3 Carolina. And I served as an expert in other
4 cases that settled before trial. All as an
5 expert for the Federal government. I have also
6 served as a nontestifying expert in a case
7 against AIG, in a class action against AIG that
8 also settled before trial. I'm not sure if I
9 said the nontestifying cases were -- the only
10 state case I did was in California, and I also
11 served as an expert in a New York case and
12 consulted on a Ft. Lauderdale case and a Texas
13 case.
14 Q. Do you recall the name of the
15 defendants in the Jacksonville cases?
16 A. I don't recall right now the name of
17 the defendants in the Jacksonville case. We got
18 convictions in both cases. And I think it's on
19 my resume that I provided. And it's at least one
20 of the cases is a reported case because it went
21 up on appeal. So they were -- so when you do a
22 LexisNexis search of my name it comes up.
23 Q. Do you keep a list of all the cases you
24 served as an expert as part of your CV?
25 A. No.
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1 Q. Do you keep a list of cases that you
2 served as an expert pursuant to the Federal
3 rules?
4 A. No. I have provided, I think, in
5 connection with this litigation a list of the
6 cases that I served as an expert. I keep, as for
7 state cases, I keep the actual expert opinion
8 affidavit that I provide and have provided that,
9 I believe, in this case.
10 Q. Were you retained by the Janet, Jenner
11 & Suggs firm for either of these expert
12 retentions that you have been involved?
14 THE WITNESS: No.
16 Q. Have you been retained by other clients
17 of the Janet, Jenner & Suggs firm in connection
18 with any of these expert --
19 A. No.
20 Q. Have you been retained by
21 Mr. Harpootlian•s firm in connection with either
22 of these expert retentions?
23 A. Yes.
24 Q. Which case were you retained by
25 Mr. Harpootlian•s firm?

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1 A. Mr. Harpootlian filed a class action
2 against AIG in South Carolina and I was his
3 witness in that case. I also served as an
4 expert, I believe, for the South Carolina
5 Department of Insurance in a case.
6 Q. Was that the case filed in Charleston,
7 South Carolina, or is that a separate case?
8 A. No, it's a case that was filed in
9 Phoenix involving an insurance carrier that was
10 domiciled in South Carolina.
11 Q. Do you recall when the AIG case was?
12 A. About five years ago, I think. So, I
13 served, sorry, I also served as an expert for the
14 South Carolina Department of Consumer Affairs on
15 insurance rate filings.
16 Q. Have you ever practiced securities law?
17 A. No.
18 Q. Have you ever practiced any law related
19 to the regulation of banks?
20 A. No.
21 Q. Prior to being retained as an expert in
22 the class action against AIG, had you met anyone
23 from the Harpootlian firm professionally?
24 A. I believe I had met his associate,
25 Graham Newman, relating to a rate filing matter.

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1 I'm not certain of that. First time I met Dick
2 was relating to the AIG case.
3 Q. The rate filing matter in which you
4 believe you may have met Graham Newman, was that
5 regarding insurance rates?
6 A. Yes.
7 Q. When did you first come into contact
8 with anybody at the Janet, Jenner & Suggs firm?
9 A. I would say January or February of
10 2010.
11 Q. Was that related to potential expert
12 retention?
13 MS. HENSEL: Form.
14 THE WITNESS: No. It was related to me
15 being represented by Janet, Jenner & Suggs.
17 Q. How did you come to learn about the law
18 firm Janet, Jenner & Suggs?
19 A. Dick Harpootlian.
20 Q. Did you approach the Janet, Jenner firm
21 or did they approach you?
22 MR. CULLEN: Objection as to the form.
23 THE WITNESS: Well, neither. Dick
24 Harpootlian wanted to associate with Janet,
25 Jenner & Suggs, and asked me to go meet with

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1 Ken Suggs.
3 Q. In September, on September 9th, 2012,
4 did you give a presentation at the Ethical
5 Humanist Society of Chicago?
6 A. Yes.
7 Q. And during the presentation were you
8 truthful regarding the facts surrounding a Qui
9 Tam recovery?
10 A. Yes.
11 MR . CULLEN: Objection as to form.
13 Q. Who is Lisa Epstein?
14 A. She is a foreclosure defense activist
15 nurse who also runs a website called Foreclosure
16 Hamlet.
17 Q. Have you ever met Ms. Epstein?
18 A. Yes.
19 Q. Do you recall approximately when you
20 met her?
21 A. Yes, I met her on February 10th, 2010,
22 at what she called foreclosure defense happy
23 hours.
24 Q. Is that E.R. Bradley's Saloon?
25 A. Yes, that one was at E.R. Bradley's

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1 Saloon.
2 Q. Had you had any communication with Ms.
3 Epstein prior to meeting her at the foreclosure
4 defense happy hour?
5 A. Yes, I spoke to her by telephone a few
6 days before the happy hour.
7 Q. Do you know whether you had emailed
8 with her before happy hour?
9 A. I don't know.
10 Q. Have you ever had and attorney-client
11 relationship with Ms. Epstein?
12 A. Yes. No. I was an expert in a case.
13 Her attorney was Ice Legal.
14 Q. Do you recall when you were retained by
15 Ice Legal in that case?
16 A. No, but I think it was 2010.
17 Q. Had you been in communication with
18 Ms. Epstein prior to that retention?
19 A. My first communication was a few days
20 before the happy hour. And then I met her at the
21 happy hour. And then after that she retained me
22 to provide an affidavit in her case which she
23 brought to Ice Legal. I was not retained by a
24 Ice Legal.
25 Q. Who is Michael Redman?

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1 A. He's a foreclosure defense activist. I
2 believe he's a paralegal, but I'm not certain,
3 who runs a website called 4closure Fraud, the for
4 part of the foreclosure being the numeral four,
5 and works for an attorney who does foreclosure
6 defense in Ft. Lauderdale. He works for Evan
7 Rosen.
8 Q. Have you ever met Mr. Redman?
9 A. Many times.
10 Q. Was he at the happy hour, the
11 foreclosure defense happy hour?
12 A. Yes.
13 Q. Had you communicated with Mr. Redman
14 prior to the happy hour?
15 A. No.
16 Q. Have you ever had an attorney-client
17 relationship with Michael Redman?
18 A. No. I served as an expert in his
19 foreclosure.
20 Q. Was that assignment as an expert
21 witness prior to the happy hour?
22 A. No.
23 Q. Who was his attorney in that matter?
24 A. I don't remember. He may have been pro
25 se.
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1 Q. But it wasn't Evan Rosen?
2 A. No.
3 Q. Was Evan Rosen at the foreclosure
5 A. No.
6 Q. Have you ever met Evan Rosen?
7 A. I believe I have at a Florida Bar
8 convention meeting in Boca Raton.
9 Q. Do you recall when that was?
10 A. No. Within the last, probably at least
11 three years ago, but within the last five years.
12 I don't think there had been there has been
13 another convention in Boca. So whatever the
14 Florida Bar was in Boca, it was in that year.
15 Q. Have you ever been retained by
16 Mr. Rosen directly to serve as an expert witness?
17 A. No.
18 Q. Sorry. Back to Michael Redman. Do you
19 know whether he goes by any other names?
20 A. I don't.
21 Q. Do you have any reason to believe that
22 Michael Redman is not his legal name?
23 A. I can't recall. I think he had -- I
24 think when I did his foreclosure case the name
25 was -- when I did the affidavit I think the name

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1 was something other than Michael Redman.
2 Q. Do you know whether it was Michael
3 Red.man's home in foreclosure or somebody else's
4 home that you did the affidavit for?
6 THE WITNESS: I think it was his the
7 woman he was living with at the time, but
8 I'm not certain of that .
10 Q. During the active foreclosure did
11 Michael Redman ever rent a room from you and stay
12 at your place?
14 THE WITNESS: I had a condo at the
15 Metropolitan, at Fern and Sapodilla, and I
16 let Michael Redman live there for
17 approximately, I would say six months. And
18 I believe the first few months were just a
19 gift to him and then after that, he paid me
20 some money to stay there.
22 Q. Did Lisa Epstein ever work for Evan
23 Rosen?
24 A. I think she did.
25 Q. Do you know what she did for Mr. Rosen?

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1 A. I think she researched loan documents.
2 Q. Why did you give Michael Redman the
3 first two months rent free at your condo?
4 A. He was having financial difficulties
5 and had split with the woman he was living with
6 and needed a place to live. And at the time I
7 was not using the condo except really for a lot
8 of storage of my law firm papers and documents.
9 But so it seemed like a good thing to do.
10 Q. Do you know Alina Virani?
11 A. I have never met her. She sends emails
12 to many people involved in foreclosure defense,
13 including me.
14 Q. Have you ever had any phone
15 conversations with Alina Virani?
17 Q. Did you ever have an attorney-client
18 relationship with Alina Virani?
19 A. No.
20 Q. Ever serve as an expert for Alina
21 Virani?
22 A. I don't recall right now .
23 Q. Do you know a Michael Olenick?
24 A. Yes.
25 Q. Who is Michael Olenick?

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1 A. He was a foreclosure defense activist,
2 who lived in West Palm Beach.
3 Q. Have you ever met Mr. Olenick?
4 A. Yes.
5 Q. Was he at the foreclosure defense happy
6 hour?
7 A. I don't think he was.
9 relationship with Michael Olenick?
10 A. No .
11 Q. Have you ever served as an expert for
12 Michael Olenick?
13 A. No.
14 Q. What does Mr. Olenick do?
15 A. He does research regarding securities,
16 mortgage-backed trusts, foreclosure documents,
17 real estate documents. Before that he ran a
18 series of online websites regarding parenting and
19 providing advice to expectant mothers and new
20 mothers. Right now he teaches, I think he
21 teaches computer research skills at a college.
22 Q. Did he ever provide you any software
23 that could compile county records from all over
24 the United States?
25 A. No.
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1 Q. Do you know a David
2 L-E-H-O-U-L-L-I-E-R?
3 MR. CULLEN: How do you spell that
4 again?
6 Q. Approximately L-E-H-O-U-L-L-I-E-R?
7 A. I don't recall that name.
8 Q. Are you familiar with an Abby Carr,
9 C-A-R-R?
10 A. It sounds familiar but I don't recall
11 ever meeting anybody. No, I don't recall Abby
12 Carr.
13 Q. Have you ever received any emails or
14 sent any emails to Ms. Carr?
16 Q. Are you familiar with Nye Lavalle?
17 A. Nye Lavalle, yes.
18 Q. Who is Nye Lavalle?
19 A. He's an expert in mortgage documents
20 and mortgage fraud. Probably one of the most
21 recognized experts in the field.
22 Q. Have you ever met Nye Lavalle?
23 A. Yes.
24 Q. Approximately when did you first meet
25 Nye Lavalle?
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1 A. 2010.
2 Q. Was Nye Lavalle at the foreclosure
4 A. I don't think he was. I met him at a
5 subsequent happy hour.
7 relationship with Nye Lavalle?
8 A. No .
9 Q. Have you ever served as an expert
10 witness for Nye Lavalle?
11 A. No.
12 Q. Are you familiar with a David
13 Breidenbach?
14 A. I know that name, yes.
15 Q. Do you know whether you ever met David
16 Breidenbach?
17 A. I did not.
18 Q. Do you know what Mr. Breidenbach does
19 for a living?
20 A. I think he's a lawyer but I'm not
21 certain.
22 Q. Were you in communication with David
23 Breidenbach by phone or email?
24 A. No.
25 Q. Are you familiar with Glenn Augustine?

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1 A. Yes.
2 Q. Who is Glenn Augustine?
3 A. He is a homeowner who was in
4 foreclosure, I believe, in Tennessee, and being
5 sued by Deutsche Bank and handling his case pro
6 se.
7 Q. Did you have an attorney-client
8 relationship with Mr. Augustine?
9 A. No .
10 Q. Did you ever serve as an expert for
11 Mr. Augustine?
12 A. Yes.
13 Q. Was that before or after the
14 February 2010 foreclosure defense happy hour?
15 A. After.
16 Q. Do you recall how you first came in
17 communication with Mr. Augustine?
18 A. He sent me an email.
19 Q. Have you ever met Mr. Augustine in
20 person?
21 A. No.
22 Q. Are you familiar with an Adrian Lofton?
23 A. I know the name. If it's, I believe
24 he's a former employee of Lender Processing
25 Services in Jacksonville.
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1 Q. Have you ever met Mr. Lofton?
2 A. No.
4 relationship with Mr. Lofton?
5 A. No.
6 Q. Have you ever served as an expert
7 witness for Mr. Lofton?
8 A. No .
9 Q. Were you in email communication with
10 Mr. Lofton?
11 A. I don't think I was.
12 Q. Were you ever in phone communication
13 with Mr. Lofton?
14 A. No. I believe I knew Mr. Lofton
15 because of an FBI agent in Jacksonville asked me
16 if I was familiar with Mr. Lofton and the claims
17 he was making against LPS, Lender Processing
18 Services.
19 Q. Who was that FBI agent?
20 A. J. Douglas Matthews.
21 Q. So at the time you were asked this, did
22 you know who Adrian Lofton was?
23 A. No.
24 Q. Who is Nelson Velardo, do you know him?
25 A. He was a homeowner, who is now passed,

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1 in I believe the Tampa area who was being
2 foreclosed, and who also provided many documents
3 to the Florida -- assistant state attorneys in
4 their investigation of foreclosure fraud.
5 Q. Did that assistant state attorney
6 investigation of foreclosure fraud, did it have
7 any relation to any qui tam that might have been
8 brought on your behalf as relater?
9 MR. CULLEN: Form.
10 THE WITNESS: I didn't hear the
11 question.
13 Q. The documents you provided to assistant
14 state attorneys, did their investigation related
15 to those documents have any connection to your
16 qui tam that was brought on your behalf as
17 relater?
18 MR. CULLEN: Object to the form.
19 THE WITNESS: There were separate
20 procedures but concurrent, and involved some
21 of the same topics.
22 THE REPORTER: Ryan, could you turn up
23 my volume, please.
24 THE WITNESS: I'll turn mine up, too.
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1 Q. Did you ever an attorney - client
2 relationship with Nelson Velardo?
3 A. No.
4 Q. Did you ever serve as an expert witness
5 for Nelson Velardo?
6 A. Yes.
7 Q. Did you ever meet Nelson Velardo?
8 A. No .
9 Q. Who is David Velardo?
10 A. His son.
11 Q. Did you ever meet David Velardo?
12 A. No.
13 Q. Did you have an attorney-client
14 relationship with David Velardo?
15 A. No .
16 Q. Did you ever serve as an expert witness
17 for David Velardo?
18 A. No.
19 Q. Did you ever have any email or phone
20 communications with David Velardo?
21 A. Yes.
22 Q. Are you familiar with a Michelle Gomez?
23 A. No .
24 Q. Do you ever recall communicating either
25 through email or phone with Michelle Gomez?

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1 A. I do not.
2 Q. And do you ever recall meeting Michelle
3 Gomez in relationship to your investigation of
4 foreclosure fraud?
5 A. I do not recall that, no. Not to say
6 that it couldn't happen, but I met several
7 thousand people regarding investigation of
8 mortgage fraud. So it could have happened. I
9 don't recall a woman named Michelle Gomez, so . . .
10 Q. Are you familiar with a Dean Kruger?
11 A. Yes.
12 Q. Who is Dean Kruger?
13 A. He's the vice president of an insurance
14 company, Greenville Casualty, in Greer, South
15 Carolina, and formerly was head of the property
16 and casualty division of the South Carolina
17 Department of Insurance for 15 years.
18 Q. Did you know Mr. Kruger prior to
19 February 2010?
20 A. Yes.
21 Q. Who is Jim Lyles?
22 A. He's a private investigator in South
23 Carolina . His company is SIU Services, Inc. He
24 and I were business partners in SIU Services,
25 Inc. for several years in South Carolina. Prior

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1 to that for about 15 years he was director of
2 compliance for Workers' Compensation in South
3 Carolina.
4 Q. When were your business partners with
5 Jim Lyles?
6 A. At the same time, about the same time I
7 started, or we started Szymoniak & Ridge, P.A.,
8 shortly thereafter, I believe we started SIU
9 Services, Inc., which was a private investigation
10 firm in Columbia, South Carolina that specialized
11 in providing services to Workers' Compensation
12 carriers in South Carolina.
13 Q. Are you no longer partners with Jim
14 Lyles?
15 A. That's correct.
16 Q. When did that professional relationship
17 cease?
18 A. About five years after it began. It
19 was structured so that each year he stayed with
20 the firm he got a larger percentage of the
21 ownership of the firm until eventually he owned a
22 hundred percent of the firm and I believe there
23 was a payout to me in relation to that, too.
24 Q. That payout occurred prior to 2010?
25 A. Yes.
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1 Q. Are you familiar with a Pat Brogan?
2 A. Yes.
3 Q. Who is Pat Brogan?
4 A. Pat Brogan is an auditor of Workers'
5 Compensation premium in Charleston, South
6 Carolina, and I worked closely with him on
7 several cases.
8 Q. Did you know Pat Brogan prior to
9 February 2010?
10 A. Yes. Dean Kruger, Pat Brogan, Jim
11 Lyles and I all sat together on something called
12 the South Carolina Task Force on Workers'
13 Compensation Fraud for many years.
14 Q. Who is William Roper; are you familiar
15 with that name?
16 A. I don't know who that is.
17 Q. Have you ever heard of a place called
18 Rattlesnake Ranch?
19 A. No.
20 Q. In connection with any investigation
21 into mortgage fraud did you ever meet a group of
22 people at a place they might have referred to as
23 Rattlesnake Ranch?
25 THE WITNESS: No. Could have happened

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1 but it seems like I would remember that name
2 because it's distinctive. I have no recall
3 of that at all.
5 Q. Did you ever meet with anyone at a
6 place owned by somebody who went by the nickname
7 Captain Jack?
8 A. No.
9 (Exhibit 1 was marked for identification
10 purposes only.)
11 MR. CULLEN: Are we giving this a name?
12 MR. BRADSTREET: What's that?
13 MR. CULLEN: Does this have a name?
14 MR. BRADSTREET: Yes, I'm going to hand
15 her what I marked as Exhibit 1.
16 MR. CULLEN: Okay. All right. My copy
17 didn't have any notation.
19 Q. And ask whether you can identify this
20 document for the record, please?
21 A. Yes, it appears to be a copy of the
22 lawsuit I filed in South Carolina.
23 Q. Was that lawsuit under the False Claims
24 Act, Federal False Claims Act?
25 A. Yes. And various State False Claims

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1 Acts. This was just Federal.
2 Q. Can I ask you to turn to page two of
3 Exhibit 1.
4 MR. CULLEN: That would be the page
5 with the number two on it?
6 MR. BRADSTREET: Page two of 74, at the
7 top with the PACER version.
8 MR . CULLEN: Oh, the PACER v ersion.
9 MS . HENSEL: What page?
10 MR . BRADSTREET : PACER page two of 74 .
11 MS . HENSEL: Oh, okay.
13 Q. Were you ever employed by American Home
14 Mortgage Servicing, Inc.?
15 A. No .
16 Q. Did you ever perform any consulting
17 work for that company?
18 A. No.
19 Q. Were you ever employed by Saxon
20 Mortgage Services, Inc.?
21 A. Ev ery body on that list I was nev er
22 employ ed b y them and I nev er did any consulting
23 work for them.
24 Q. So let's just make sure. So would that
25 statement include Saxon Mortgage Services, Inc.?

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1 A. Yes.
2 Q. And would that include no employment or
3 consultation for Lender Processing Services,
4 Inc.?
6 Q. That included that you have never done
7 any employment or consulting work for DocX, LLC?
9 Q. Have you ever been employed by or done
10 consulting work for Citimortgage, Inc., Citi
11 Residential Lending, Inc. or AMC Mortgage
12 Services, Inc.?
13 A. No.
15 any consulting work for Wells Fargo Home Mortgage
16 or America's Servicing Company?
17 A. No.
19 consulting work for Bank of America Corporation?
20 A. No.
21 Q. How about Lasalle Bank?
22 A. No.
24 any consulting work for the Bank of New York
25 Mellon?
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1 A. No.
2 Q. Have you ever done, have you ever been
3 employed by or done consulting work for Citibank,
4 National Association?
5 A. No.
7 consulting work for the Deutsche Bank National
8 Trust Company?
9 A. No .
11 consulting work for Deutsche Bank Trust Company
12 Americas?
13 A. No.
15 consulting work for HSBC USA, National
16 Association?
17 A. No.
19 consulting work for J.P. Morgan Chase Bank,
20 National Association?
21 A. No.
23 consulting work for U.S. Bank, National
24 Association?
25 A. No.
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2 consulting work Wells Fargo Bank, National
3 Association?
4 A. No.
5 Q. You filed, or when this complaint was
6 filed on your behalf, who were your attorneys
7 representing you in the case?
8 A. Richard Harpootlian, Howard Janet,
9 Kenneth Suggs, Jay Eisenhofer, Frank Karam, Lydia
10 Ferrarese, Reuben Guttman.
11 Q. Did Mr. Harpootlian bring in the
12 attorneys from the Grant & Eisenhofer firm to the
13 case?
15 MS. HENSEL: Join.
17 Q. I'll rephrase it. How did you come
18 into contact with the Grant & Eisenhofer firm?
19 A. I believe they had worked with Janet,
20 Jenner & Suggs, and it was at the suggestion of
21 Janet, Jenner & Suggs that I go speak with Grant
22 & Eisenhofer in New York.
23 Q. Will you turn with me, please, to page
24 20 of 74. Again, we're going by the PACER
25 numbers at the top of the document. And

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1 paragraph 55, if you would read paragraph 55 into
2 the record, please?
3 A. In December 2009 relator began
4 reporting her findings of widespread fabricated
5 mortgage assignments used by mortgage-backed
6 securities trusts to the, one, Federal Deposit
7 Insurance Corporation; two, U.S. House of
8 Representatives Financial Oversight Committee and
9 its Housing and Community Opportunity
10 Subcommittee; three, Financial Crisis Oversight
11 Committee -- Commission, and I'll go slower.
12 Four, U.S. Attorney for the Middle District of
13 Florida; five, State Attorney for Palm Beach
14 County, Florida; and, six, various Florida court
15 clerks, among others.
16 Q. Do you recall which of these
17 organizations you contacted first?
18 A. Yes. I contacted The U.S. Attorney's
19 Office in Jacksonville, Florida in December 2009
20 via email to Mark Devereaux, Assistant U.S .
21 Attorney .
22 Q. Do you know whether you produced that
23 email to us?
24 A. I don't know.
25 Q. Do you contend that the email in

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1 December 2009 to Mark Devereaux is subject to the
2 attorney-client privilege?
4 THE WITNESS: I believe that's the
5 contention, yes.
7 Q. When you reported -- excuse me -- when
8 you emailed Mark Devereaux in December 2009 was
9 it your intention at that time to file a qui tam
10 action?
11 A. No .
12 Q. Prior to the qui tam complaint that
13 we're looking at as Exhibit 1, had you ever filed
14 a qui tam complaint as a lawyer?
15 A. No.
16 Q. Not counting your retention of the
17 lawyers that represented you in 10-CV-01465, have
18 you ever retained lawyers prior to February 2010
19 for the purpose of bringing a qui tam action?
20 A. I had retained Dick Harpootlian to
21 represent me, and we were exploring various
22 options. I believe in late January was when we
23 began discussions of qui tam as well, although
24 all of our conversations, really most of them
25 focused on class action with me as a named class

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1 representative.
2 Q. Other than a qui tam related to
3 mortgage fraud, mortgage assignments and
4 mortgage-backed securities, had you ever retained
5 an attorney for the purpose of investigating
6 different types of allegations of harm to the
7 government?
9 MS . HENSEL: Join.
10 THE WITNESS: No .
12 Q. Do you recall what date you first
13 consulted with Dick Harpootlian about
14 representing you in any matter?
15 A. Early January 2010.
16 Q. Why did you go to Dick Harpootlian to
17 discuss these potential claims?
18 A. Because I thought he was one of the
19 best attorneys I had ever seen. He was willing
20 to take on big cases that had the resources to
21 take on big cases. He was not intimidated by a
22 defendant as large as AIG in the AIG class action
23 suit. I was thinking primarily in terms of class
24 action and he was well regarded in the area of
25 class action. And I had seen that South Carolina

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1 was one of the states where many fraudulent
2 mortgage assignments were being used in
3 foreclosures. I was familiar with Columbia,
4 South Carolina, because I had a business there,
5 and he seemed to respect my opinion because he
6 had hired me as an expert. So all of those were
7 factors.
8 Q. Do you know when your focus shifted
9 from class action to the qui tam on your behalf?
11 MS . HENSEL: Join.
12 THE WITNESS: I think as far as I can
13 remember, late January we were already
14 beginning to discuss a possibility of a qui
15 tam in addition to the class action. There
16 were problems with the class action that
17 were developing as we were preparing the
18 case to be filed in South Florida. There
19 were limitations and -- on the likelihood of
20 success of that class action. And at the
21 same time I was becoming more and more
22 involved with the Federal criminal
23 prosecutor investigation of mortgage fraud.
25 Q. When you say Federal prosecutor

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1 investigation, are you referring to an
2 investigation out of the Middle District of
3 Florida?
4 A. Yes.
5 MS. HENSEL: Eric, when you get a good
6 stopping point, I need to go to the lady's
7 room.
8 MR . BRADSTREET: Let's go ahead and do
9 that now.
10 THE VIDEOGRAPHER: Off the record at
11 11:20.
12 (Recess taken.)
13 THE VIDEOGRAPHER: On the record at
14 11:37.
16 Q. Ms. Szymoniak, are you on any
17 medications today that might affect your ability
18 to recall or accurately testify?
19 A. No.
20 Q. What did you do to prepare for your
21 deposition today, if anything?
22 A. I reviewed my Interrogatory answers and
23 I met with Mr. Cullen.
24 Q. In reviewing your Interrogatory answers
25 did you find any answers that needed to be

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1 amended or supplemented in any way?
2 A. No.
3 Q. Did you have any conversations with
4 anyone from the Janet, Jenner firm or
5 Mr. Kleinman to help prepare you for the
6 deposition?
7 A. No.
8 Q. Did you have any meetings or
9 conversations with Ms. Hensel or anyone from her
10 firm to help you prepare for the deposition?
11 A. No .
12 Q. Were you ever employed by or did any
13 consulting work for MERSCORP Holdings?
14 A. No.
15 Q. How about MERS, Inc.?
16 A. No .
17 Q. And it's your understanding that MERS
18 stands for Mortgage Electronic Registration
19 Systems?
20 A. Yes.
21 Q. Did Mr. Cullen ever provide any
22 representation to you with respect to
23 investigation or in the filing of the qui tam
24 claim?
25 A. I'm not certain if I did -- there are

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1 allegations in the qui tam complaint that relate
2 to my own mortgage foreclosure and Mr. Cullen
3 represented me in my own mortgage foreclosure.
4 And I may have verified those facts relating to
5 my own mortgage foreclosure with Mr. Cullen.
6 There are also facts in my own mortgage
7 foreclosure relating to forged mortgage documents
8 by, including the mortgage assignment signed by
9 Linda Green and Korell Harp. Mr. Cullen filed a
10 motion for sanctions. The allegations in that
11 motion are similar to the allegations in the qui
12 tam, but directly did I consult with him about
13 the qui tam, no.
14 Q. Was Mr. Cullen present at the
15 foreclosure defense happy hour in February 2010?
16 A. He came in after it started, yes.
17 Q. Did you have discussions with
18 Mr. Cullen about a potential qui tam case prior
19 to the February 2010 happy hour?
20 A. As with Mr. Cullen as an attorney and
21 me as a client?
22 Q. Yes.
23 A. Is that what you're asking me about?
24 Q. Yes.
25 MR. CULLEN: Objection, attorney - client

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1 privilege.
3 Q. Without revealing any of the substance
4 of the conversation, we just want to know whether
5 or not there were qui tam-related consultations
6 with him prior to the foreclosure happy hour?
7 MR. CULLEN: Same objection. You want
8 her to answer, trying to get it straight,
9 you want her to answer a question about the
10 substance of my communication with her, or
11 the existence of any communication about the
12 subject?
13 MR. BRADSTREET: The existence of any
14 communication about the subject.
15 MR. CULLEN: Same objection, but I may
16 revisit that later.
17 MR. ST. DENIS: You're instructing her
18 not to answer, correct?
19 MR. CULLEN: Who?
20 MR. BRADSTREET: Are you instructing
21 Ms. Szymoniak not to answer the last
22 question?
23 MR. CULLEN: Why don't you repeat the
24 last question.
25 (The requested proceedings were read

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1 back by the court reporter.)
2 MR. CULLEN: But doesn't your question
3 ask for the substance of the communication
4 of the qui tam?
5 MR. BRADSTREET: The problem is the
6 existence of an attorney-client relationship
7 is not obviously protected by the
8 attorney-client relationship and I think
9 that would apply to whether or not, you
10 know, if you represented her in the
11 foreclosure without a qui tam, you know,
12 that sort of thing. That's the gist of the
13 problem with this question, is that the
14 problem with her not answer being is that I
15 don't care if it was a second conversation,
16 if it was 50 emails, I don't want to know
17 anything about what was exchanged, just
18 whether or not
19 MR. CULLEN: It was with regard to a
20 particular topic.
21 MR. BRADSTREET: With a particular -- I
22 mean, you guys are taking the position that
23 qui tam is a wholly separate retention from
24 a class action, from a foreclosure. The
25 question is, did she have an attorney-client

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1 relationship with you regarding the qui tam
2 prior to that point or merely regarding the
3 foreclosure prior to that point. It's just
4 the substance of a representation.
5 MR. CULLEN: All right. I'll instruct
6 the witness not to answer that question as
7 of this time. I may think about it and give
8 you an opportunity to ask the question
9 again. But at this point, I'll instruct her
10 not to answer because you're asking for the
11 substance of the conversation by the way you
12 phrased the question.
14 Q. Prior to the February 2010 happy hour
15 did you consider that your attorney-client
16 relationship with Mr. Cullen covered a potential
17 qui tam action?
19 THE WITNESS: No.
21 Q. As of February 2010, though, Mr. Cullen
22 was representing you in a foreclosure action, is
23 that correct?
24 A. Yes.
25 Q. At the time of the happy hour in

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1 February 2010 did Mr. Cullen represent you in any
2 matter other than a foreclosure action?
3 MR. CULLEN: Objection as to the form.
4 THE WITNESS: I'm not certain at what
5 point Mr. Cullen, sometime, and I believe in
6 2010, Mr. Cullen also represented me in a
7 foreclosure action brought by U.S. Bank and
8 David Stern, but I don't remember the date
9 that commenced.
11 Q. Are we talking about two different
12 foreclosure actions?
13 A. Yes. Oh, and Mr. Cullen also
14 represented me, and I don't know when this ended,
15 but in a lawsuit that I brought against the
16 condominium, the Metropolitan, because there was
17 water damage, significant water damage to my
18 unit. And we sued, I believe, the association
19 and the builder, and I don't think that had been
20 resolved at that time. So I think he represented
21 me in that, too.
22 Q. What years were you practicing with the
23 firm Cullen & Szymoniak?
24 A. I think '82 to 1 85.
25 Q. At some point were you and Mr. Cullen

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1 married?
2 A. No.
3 Q. Do you and Mr. Cullen have common
4 children?
5 A. Yes.
6 Q. How many is that?
7 A. Three.
8 MR . CULLEN: Common?
9 THE WITNESS: - - above average.
11 Q. I'll rephrase that. Your children,
12 Mr. Cullen is the father of three of your
13 children, is that correct?
14 A. Yes.
15 MR. CULLEN: Off the record.
16 (Discussion off the record.)
17 MR. CULLEN: 2?
18 MR. BRADSTREET: Yes.
20 purposes only.)
22 Q. I handed you what I marked as Exhibit 2
23 which are your answers to the second set of
24 Interrogatories. In this Interrogatory you state
25 here that your approximate date of first contact

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1 with Richard Harpootlian regarding a qui tam was
2 February 5th, 2010. Do you see that, it's on
3 page five?
4 A. Yes.
5 Q. Okay. Do you know how you came up with
6 this date of February 5th, 2010 in answering
7 these Interrogatories?
8 A. Yes.
9 Q. How did you derive that date?
10 A. That was, I think, the first email
11 communication I had with Mr. Harpootlian
12 regarding the qui tarn.
13 Q. So it's your testimony that there were
14 conversations regarding the qui tam prior to
15 the February 5th, 2010 email?
17 THE WITNESS: I think my testimony was
18 I thought we were discussing this toward the
19 end of January or the beginning of February,
20 so, yes. I think we discussed it but the
21 first time we ever put anything in writing
22 was February 5th.
24 Q. Do you know whether you reviewed any
25 YouTube videos regarding mortgage fraud on the

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1 5th of February, 2010?
2 A. Whether I did any YouTube videos?
3 Q. Whether you reviewed any YouTube videos
4 on that date?
5 A. No. I know that I reviewed YouTube
6 videos that Damian prepared, and YouTube videos
7 from other sites as well, including one about
8 IndyMac Bank, but I don't know when I reviewed
9 them. I had already reviewed or seen at least
10 some of Damian's YouTube videos by the time I
11 first met him on February 10th.
12 Q. Okay. Do you have a date of your
13 retainer agreement with the Harpootlian firm?
14 A. No. I know that it took several months
15 to finalize because there were three firms
16 involved.
17 Q. Prior to the finalized retainer
18 agreement with three firms involved, did you have
19 a previous written agreement with Richard
20 Harpootlian?
21 A. I don't recall. It was made more
22 complex because I originally contacted
23 Mr. Harpootlian to represent me as a named
24 plaintiff in a class action. That relationship,
25 part way through that relationship, before the

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1 lawsuit was filed, Mr. Harpootlian suggested that
2 a better role for me would be co-counsel. And I
3 then began acting as co-counsel, but we continued
4 to have discussions about me being a client as
5 well as co-counsel in a separate action.
6 Q. What was the nature of that separate
7 action that you had discussions --
8 A. False Claims Act action.
9 Q. Did you have any written agreements
10 with the Harpootlian firm regarding this
11 co-counsel arrangement?
12 A. No.
13 Q. Did you, in fact, serve as co-counsel
14 with the Harpootlian firm for class actions
15 regarding mortgage fraud?
18 THE WITNESS: I served as co-counsel
19 for a lawsuit filed in the Southern District
20 of Florida against Deutsche Bank, one case
21 filed in February 2010.
23 Q. In connection with that case did you
24 sign on to a written retainer agreement with the
25 client and the Harpootlian firm?

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1 MS. HENSEL: Form.
2 THE WITNESS: The case I was co-counsel
3 on?
5 Q. Yes.
6 A. And you want to know if I signed a
7 retainer agreement in the case I was co-counsel
8 on?
9 Q. If you signed on to one, yes, as
10 co-counsel or something to that effect?
12 THE WITNESS: No, but the clients in
13 that case, the named plaintiffs had a
14 retainer agreement but I did not. I think
15 it was Jennifer G. Schneider, and I can't
16 remember the other plaintiffs, the named
17 plaintiffs in that case. They signed
18 retainer agreements.
20 Q. Is that the case that you ended up
21 moving the Court to have the Harpootlian firm
22 admitted pro hac vice?
23 A. Yes, and Janet, Jenner & Suggs.
24 Q. So for the Southern District of Florida
25 class action suit on behalf of G. Schneider and

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1 at least one other plaintiff, were the retainers
2 signed by those clients only signed -- only
3 countersigned by the Harpootlian firm and the
4 Janet, Jenner & Suggs firm?
6 MS. HENSEL: Form.
7 THE WITNESS: I don't remember.
9 Q. Okay.
10 A. I think I signed them as well.
11 Q. Did you bring those clients to
12 Harpootlian and Janet, Jenner & Suggs?
13 A. Yes.
14 Q. Still on Exhibit 2 here, pages five and
15 six, I see you state in your Interrogatory
16 answers that you had retainer agreements with
17 Grant & Eisenhofer, P.A., Janet, Jenner & Suggs,
18 LLC, and James, McElroy & Diehl, P.A. Are those
19 separate retainer agreements or were all those
20 firms listed on the same agreement?
23 THE WITNESS: The McElroy one was
24 separate and the Janet, Jenner & Suggs,
25 Grant & Eisenhofer and Harpootlian were both

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1 single retainer agreements.
3 Q. Did you ever investigate being the
4 relater on a qui tam involving a fraud upon the
5 IRS?
6 A. I filed a whistleblower compliant with
7 the IRS regarding the same allegations that were
8 the basis of the qui tam action that I filed.
9 Q. When was that filed?
10 A. I believe that was filed a few months
11 after the qui tam, I think in the fall of 2010.
12 Q. Were you represented by lawyers in
13 preparing and filing that whistleblower complaint
14 with the IRS?
15 A. Right, it was the same firms.
17 purposes only.)
19 Q. Exhibit 3 is a response to a request to
20 produce, request for production served by your
21 counsel in this matter, and in that you were
22 asking for documents by which you reported your
23 findings of widespread fabricated mortgage
24 assignments used by mortgage-backed securities to
25 various Federal entities. To your knowledge,

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1 have all such documents been produced to us in
2 this case?
3 MS. HENSEL: Form.
4 MR. CULLEN: Join.
5 THE WITNESS: Number one is the
6 correspondence to the FDIC, to my knowledge
7 that has been produced.
9 Q. Okay.
10 A. Number two is my correspondence to the
11 Financial Oversight Committee, and the Housing
12 and Community Opportunity Subcommittees, I
13 believe that has been produced.
14 Financial Crisis Oversight Committee.
15 Yes, that's been produced, to my knowledge .
16 Number four, my communications to The
17 U.S. Attorney I believe have not been produced.
18 I believe my communications with the
19 State Attorney has been produced, number five.
20 My correspondence to Florida -- to
21 Sharon Bock who is Palm Beach County's court
22 clerk and any other court clerk, I believe those
23 have been produced. That's number six.
24 Number seven, to other Federal and
25 State governmental entities, I think everything

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1 that I wrote during that period was produced.
2 Number eight, I believe that none of my
3 communications to the FBI were produced.
4 Number nine, which is why I thought
5 that my communications regarding mortgage fraud
6 were brought to the attention of Fannie Mae, I
7 don't believe there is a document. That was
8 based on a conversation I had with Special Agent
9 Matthews.
10 Number 10, I don't think we produced
11 the communications between the FBI agent and
12 myself or the U.S. Attorney again.
13 And that's the same response to number
14 11. Matthews, and, number 12, Devereaux.
15 Q. Okay.
16 A. The only other things that I think were
17 not produced, there was correspondence to an
18 Assistant U.S. Attorney in Boston, whose name
19 escapes me right now, and correspondence to an
20 Assistant U.S. Attorney in Oklahoma where I was
21 trying to verify that Karell Harp was actually
22 incarcerated in Oklahoma at the time he
23 supposedly witnessed my mortgage assignment in
24 Georgia. So I communicated with those two other
25 U.S. Attorneys during that period that ends

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1 in June 2010 and none other that I can recall.
2 MR. BRADSTREET: Let's go off the
3 record for a second.
5 12:15.
6 (Recess taken.)
8 12:17.
10 purposes only.)
12 Q. Ms. Szymoniak, I'm going to attach as
13 Exhibit 4, Composite Exhibit 4 document Bates
14 stamped Szymoniak 0001000 through 0001059. Also
15 SZY003808 through SZY003910.
16 MS. HENSEL: That's 4?
17 MR. BRADSTREET: Yes.
19 Q. And as Exhibit 5 I'm going to mark a
20 binder of documents that was provided to me this
21 morning.
23 purposes only.)
24 MS. HENSEL: Is there a Bates number on
25 it?
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1 MR. CULLEN: No, there isn't.
2 Regarding Exhibit 5, I provided it this
3 morning in connection with the duces tecum
4 portion of the notice of deposition, and I
5 did not know whether anybody would want a
6 copy. But since it is bound, I have agreed
7 to put a sticker on it now, take the
8 original with me and then provide a copy to
9 the court reporter.
10 MS. HENSEL: What is it? So it's clear
11 on the record.
12 MR. CULLEN: For the clarity of the
13 record, it appears to be a United States
14 Securities and Exchange Commission Form
15 WB-APP with many attachments, Al through 5.
16 MS. HENSEL: Thank you.
17 MR. ST. DENIS: 10/8/2010, is the date
18 of it.
19 MR. BRADSTREET: October 8, 2010 is the
20 date of the whistleblower form.
21 MR. ST. DENIS: It's down in the center
22 of the page at the bottom.
23 MR. CULLEN: Yes. 2B has the date of
24 10/8/10. Dl has a date of 2/8/13.
25 MR. ST. DENIS: Do you know how many

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1 pages are in that? Is it numbered or
2 anything?
3 MR. CULLEN: No. There are five tabs.
4 Wait a minute. Each tab appears to be
5 numbered separately. Appears to have
6 approx imately 55 pages.
7 Can we all agree, even though Exhibit 5
8 is going to be reviewed as part of this
9 deposition, that I can put Bates numbers on
10 the individual pages?
11 MR . BRADSTREET: Sure, much easier to
12 identify .
13 MR. CULLEN: Thank you.
15 Q. Have you had a chance to examine
16 Exhibit 4?
17 A. Yes, briefly.
18 Q. Right. Does this, generally, does
19 Exhibit 4 appear to be some of the documents by
20 which you reported findings of widespread
21 fabricated mortgage assignments to various
22 government entities?
23 A. Yes.
24 Q. Do you know when you first alerted the
25 Federal government of harm to the government by

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1 the fabricated mortgage assignments used by
2 mortgage-backed securities?
3 A. I believe the end, last week in
4 December of 2009.
5 Q. Is that document among the documents
6 marked as Exhibit 4?
7 A. No. It's email communications to AUSA
8 Mark Devereaux, and telephone conversations with
9 AUSA Mark Devereaux in Jacksonville. At the time
10 I had, I wrote to Mark Devereaux and told him
11 that, unfortunately, I was a victim of fraud
12 because he was familiar with me having used me as
13 an expert witness in two trials. And I briefly
14 set out the facts of my foreclosure, and the
15 research I had done regarding documents that were
16 presented in my own foreclosure case. And then
17 this was all the last week in December of 2009.
18 He called me, we had a telephone conversation. I
19 told him that what was happening to me was
20 happening to people throughout Florida because I
21 had seen that it was happening throughout
22 Florida, but also throughout the country.
23 Because I had done research and seen that these
24 DocX assignments were being used in
25 Massachusetts, New York, South Carolina, North

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1 Carolina. The few places that I could get in and
2 do database searches, I was finding these same
3 kinds of documents. Mr. -- Attorney Devereaux
4 explained to me that he was reluctant to bring
5 the case if the victim class were a class of
6 people who had defaulted on their mortgages,
7 because he did not think that was a very
8 sympathetic class to put before a jury. And
9 that, in his terminology that he was afraid that
10 the jury would not see this group of people,
11 including myself, as victims but as deadbeats who
12 were continuing to bring down the economy. And,
13 therefore, he was interested in whether there
14 were other victims in this fraud. And because of
15 my insurance background I immediately told him
16 that there were, that almost all of these
17 mortgages were insured, either by private or
18 Federal insurance. And that they were the
19 banks were using these phony documents to support
20 their claim for insurance. So it became an
21 insurance fraud matter as well. And then I think
22 within a week of that he and I started also
23 talking about that the government was buying
24 massive amounts of mortgage-backed securities,
25 was spending billions in mortgage-backed

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1 securities, to purchase mortgage-backed
2 securities to shore up the economy, and that
3 these loans in the trusts were using assignments
4 to show that the loans had been properly
5 transferred to the trust and the assignments were
6 fraudulent.
7 Q. Where did you get the information on
8 the government being involved in buying
10 A. From the press, doing a search of
11 articles from Bloomberg, Business Week, the Wall
12 Street Journal, the New York Times, those kinds
13 of things. As I found articles, I would send the
14 link to the actual article to AUSA Devereaux.
15 Q. Okay. Had you ever done work in your
16 professional life for entities that insured
17 mortgages?
18 A. No.
20 THE WITNESS: No, it was a very
21 specialized few companies. And almost all
22 of my insurance fraud work was limited to
23 Workers' Compensation premium fraud and a
24 handful of clients.
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1 Q. How did you know that the mortgages
2 were insured?
3 A. Again, reading articles that were
4 appearing in the press because the major private
5 insurers of mortgages were quickly becoming
6 insolvent because of the financial crisis of
7 2008. So there was -- there were, I'd say, two
8 or three major insurance companies that insured,
9 private insurers that insured the majority of the
10 mortgage market. And when the economy tanked,
11 those companies suffered losses that they had not
12 contemplated or reserved for and became
13 insolvent.
14 Q. Other than your attorneys, did you
15 share any of your emails to and from Assistant
16 U.S. Attorney Devereaux with third parties?
19 THE WITNESS: I don't remember sharing
20 with third parties. The third parties that
21 I possibly could have shared with would
22 be -- there was a concurrent Federal and
23 State investigation and I was cooperating
24 with both. And so I possibly could have
25 shared my communications with June Clarkson

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1 and Theresa Edwards who were Assistant State
2 Attorneys conducting the investigation out
3 of the Financial Crimes Division in Ft.
4 Lauderdale. If I did share it, it was
5 inadvertent, because I did not want any of
6 my communications with the AUSA or the FBI,
7 I knew that they expected those
8 communications to be kept confidential.
10 Q. Is June Clarkson still employed by the
11 Florida Attorney General's Office?
12 A. She is not.
13 Q. Do you know the circumstances
14 surrounding the termination of her employment
15 with the Attorney General?
16 A. Yes. She and Theresa Edwards were
17 terminated when the current Attorney General, Pam
18 Bondi, came into office, a few months after she
19 came into office, Clarkson and Edwards were both
20 terminated . And there were various reasons
21 given, but one of the ones was that they were
22 overstepping their authority and poorly
23 maintaining their files.
24 Q. Did you ever receive documents from
25 June Clarkson or Theresa Edwards that they had

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1 obtained via subpoena power?
2 A. No. My role with them was to provide
3 them documents that they asked me for.
4 Q. Did you ever receive money from either
5 June Clarkson or Theresa Edwards?
6 A. No.
7 Q. Do you recall meeting either
8 Ms. Clarkson or Ms. Edwards at a Seasons 52 in
9 Boca Raton?
10 A. Yes.
11 Q. What was the nature of that meeting?
12 A. After they were terminated, we began a,
13 more of a friendship. They set up a law firm
14 together and were going to do foreclosure
15 defense, and I was going to assist them just by
16 the same way I assisted other attorneys doing
17 foreclosure defense, by providing updates on case
18 law and referrals, but, no, I never received
19 money from them.
20 Q. After Ms. Clarkson and Ms. Edwards were
21 terminated was there another contact at the
22 Florida Attorney General's Office that you had
23 for this current investigation?
24 A. I was contacted by their boss at one
25 time, and I don't remember his name right now. I

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1 worked with him before in insurance premium
2 cases. And he interviewed me briefly regarding
3 expert affidavits I was doing and the ongoing
4 Federal investigation. I gave him my contact
5 numbers for AUSA Devereaux and FBI Agent
6 Matthews. So that, and I believe after that he
7 communicated directly with them.
8 Q. If you want to refer to the documents
9 to refresh your memory, that would be fine, but
10 do you recall the first time you reported harm to
11 the Federal government to the Federal Deposit
12 Insurance Corporation?
13 A. I believe my first communication is a
14 letter, the letter that's marked Szymoniak
15 001011, and it's correspondence undated from me
16 to Sheila Bair, but I don't know because this is
17 undated, whether this is followed by a letter
18 dated January 14th, 2010. I don't know which of
19 these came first, whether the 0001011 predated or
20 postdated the 0001013. So those are my, I
21 believe my two communications with Sheila Bair
22 who was then chairwoman of the FDIC. There is a
23 third, 0001009 is a letter written April 2011 to
24 Sheila Bair where I'm recommending a remedy,
25 because by this time Sheila Bair was already

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1 acknowledging in public statements that there was
2 widespread mortgage fraud, and I was suggesting a
3 remedy for people who were victims of mortgage
4 fraud. That they be eligible for fixed rate, low
5 rate traditional 30 year mortgages with a five
6 percent down payment, in other words, a rewrite
7 of their mortgages, of the -- most of the
8 mortgages that were defaulting were adjustable
9 rate mortgages and higher interest rate, and I
10 was suggesting that would be a good remedy for
11 the victims of the fraud.
12 Q. In these three letters to Sheila Bair,
13 can you identify for my where you identified any
14 harm to the government?
15 A. I don't think I was writing to her
16 regarding harm to the government. I was writing
17 to her because she was the regulator responsible
18 for regulating the banks who were causing the
19 harm. And the undated letter, the date could be
20 figured out by this, was right after the FDIC as
21 receiver of Washington Mutual Bank filed a
22 lawsuit seeking 154.5 million in damages from
23 Lender Processing Services for bad appraisals
24 involving Washington Mutual Bank.
25 Q. Do you recall the first time you

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1 alerted the committee, any committee Of the U.S.
2 House of Representatives to government harm
3 caused by fabricated mortgage assignments used by
5 A. That really wasn't my focus. I'd have
6 to read through these all to see whether I did
7 that. I was alerting different people to
8 different things, but, for example, with the part
9 of the Court I was alerted them to the fact that
10 phony documents were being filed -- oh, here are
11 the cases. Okay. The phony documents were being
12 filed in the Court records throughout the
13 country. On page two, which is, it's Szymoniak
14 0001018. You previously asked me about the cites
15 and the case names.
16 Q. Okay.
17 A. On page two of that document lists the
18 two Jacksonville cases and the case cites. USA
19 versus Thomas King, and USA versus Donald
20 Touchet. The New York case for some reason half
21 the case isn't listed, but that's two of the
22 cites you asked for earlier.
23 Q. Sure. Thank you for that.
24 A. You're welcome.
25 Q. If you could turn, please, to Exhibit 5

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1 and identify that document for the record?
2 A. Oh.
3 Q. Sorry.
4 A. Yes. And this is something that when
5 you asked me earlier for contacts with agencies,
6 it completely slipped my mind, but this is an SEC
7 complaint that I filed, or that was filed on my
8 behalf by my attorneys at Grant & Eisenhofer.
9 Q. Do you know what the ultimate
10 resolution of that complaint was?
11 A. There has been no resolution. As far
12 as I know it's closed.
13 (Recess taken.)
15 2:03.
17 Q. Okay, Ms. Szymoniak. Your lawyer also
18 handed me a set of emails I'm going to attach as
19 Exhibit 6.
21 purposes only . )
23 Q. As composite 6.
24 MR. CULLEN: Are these numbered?
25 MR. BRADSTREET: They have some

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1 handwritten numbers in the --
2 MS. HENSEL: (Inaudible) .
3 MR. CULLEN: Right, right.
4 THE WITNESS: This should have never
5 been disclosed. It's communications between
6 attorneys.
7 MR. CULLEN: I'm going to claw back
8 that first page. I was not aware that it
9 was, as has been suggested, a communication
10 between the attorneys. You can ask
11 questions about the others.
12 MS. HENSEL: Let's look at the others.
13 MR. BRADSTREET: Let's go off the
14 record so we can look at it.
15 MR. CULLEN: Okay. That's fine.
16 THE VIDEOGRAPHER: We're off the record
17 at 2:05.
18 (Recess taken.)
20 2:10.
21 MR. CULLEN: Okay. Thank you all for
22 allowing me the opportunity to consult with
23 counsel for Janet, Jenner & Suggs and also
24 speak with my client with regard to these
25 documents. I previously requested I be able

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1 to claw back that first document, but we're
2 ready to proceed. We've already presented
3 these documents and you have them, at least
4 you've read them. We're not waiving any of
5 the attorney client privilege, to the extent
6 that we produced these documents, we don't
7 intend to waive any attorney-client
8 privilege beyond these documents and the
9 content therein, but thank you for the
10 pause .
12 Q. Ms. Szymoniak, can you identify the
13 documents I have marked as Exhibit 6, please?
14 A. You want me to go through them one by
15 one?
16 Q. Yes, please.
17 A. Okay. The first is an email from
18 Reuben Guttman, one of my lawyers, to Kenneth
19 Suggs who is another one of my lawyers with a CC
20 to Jim Sabella who is one of the lawyers from
21 Grant & Eisenhofer and Dick Harpootlian. Lydia
22 Ferrarese also with, was also with Grant &
23 Eisenhofer and it's dated April 6, 2011, subject
24 is mortgage case, and it's Ken, we are getting
25 some assignments from DOJ which require manpower.

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1 We have to redact about 20 plus complaints so
2 they can be sent to the defendants. A young
3 lawyer or a really solid group of paras maybe
4 helpful. Can we conference tomorrow or have call
5 Lydia have Lydia call you. Thanks, Ken.
6 You want me to keep going?
7 Q. The subject and the date is fine, the
8 subject, re: line and the date would be fine.
9 A. Okay. Thank you. The second is, the
10 subject is halfway down the page, something is
11 being forwarded from me to my lawyers, April 28,
12 2010. April 26, 2010.
13 The third one regarding -- is from Ken
14 Suggs. It's regarding a meeting with the U.S.
15 Attorney on May 25th, 2010 .
16 The fourth is a May 25th, 2010, again,
17 regarding the meeting.
18 The fifth is, again, regarding the
19 meeting, May 25th, 2010. Also May 25th, 2010
20 regarding the time for the meeting .
21 The next one is from Ken Suggs to me
22 regarding the meeting and fraudulent assignments
23 prepared by certain South Carolina law firms.
24 The next is from me to my lawyers
25 regarding a summary chart of indicators of

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1 fraudulent assignments.
2 The next is June 3rd, 2010 regarding
3 the complaint from me to my lawyers. The next is
4 June 3rd, 2010 regarding a conference call. The
5 next is June 3rd, 2010 regarding a conference
6 call. The next is June 3rd, 2010 regarding a
7 conference call. The next is June 3rd, 2010
8 regarding a conference call.
9 The next is June 5th, 2010 regarding
10 and forwarding a letter from people in
11 foreclosure, from the Hernandez family.
12 The next is June 17th, 2010 regarding a
13 media inquiry from the Miami Daily Review.
14 The next is seemingly an email from me,
15 although the little globe at the top on these
16 last two, I never used a system that had that.
17 I'm forwarding a class action complaint against a
18 foreclosure mill law firm. And the next is me
19 forwarding draft counter-claims. That's it.
20 Q. The next to last email about forwarding
21 the class action complaint, did it have to do
22 with your qui tam or did it have to do with
23 potential class actions that you would be
24 co-counsel on?

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1 THE WITNESS: Which, is this one, the
2 one with the, that's RW16?
4 Q. I gave you my only copy, so ...
5 A. Okay. Are you asking about that?
6 Q. Yes, I am.
7 MR. CULLEN: Do you have a copy?
8 THE WITNESS: This just had to do with
9 I found a class action suit that had been
10 filed against Wells Fargo in a foreclosure
11 mill law firm and I forwarded it to my
12 attorneys.
14 Q. Okay. When you were investigating the
15 qui tam, did you receive any assistance from any
16 persons who were not acting as your attorneys?
18 THE WITNESS: No.
20 Q. Would you agree with me that beginning
21 in February 2010 you emailed non-attorneys
22 seeking fraudulent assignments?
23 A. No. I was doing that much earlier than
24 February 2010. I was posting articles on Fraud
25 Digest and asking other people, looking at

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1 fraudulent assignments. So I think it predates
2 February 2010.
3 Q. Was that continuing through and past
4 February 2010?
5 A. Yes.
6 Q. Did you use any of the information
7 received as a result of the solicitation to
8 people for assistance, did you use any of that
9 information in furtherance of your qui tam?
10 A. There may have been some overlap with
11 DocX assignments or other assignments. But my
12 focus back in February 2010, at least in the
13 beginning of the month was a class action suit we
14 were filing against LPS and DocX and assisting
15 the criminal investigation out of Jacksonville.
16 Because by that time there was, I believe there
17 was, by that time a grand jury impaneled and
18 there was a very regular request for information
19 from AUSA Devereaux.
20 Q. Did you receive documents or
21 information from Lisa Epstein that was eventually
22 used in furtherance of your qui tam?
23 A. Lisa Epstein assisted in finding
24 mortgage assignments that identified the
25 guarantor as, instead of the bank or mortgage

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1 company, had the words bogus assignee. But the
2 original one defined that, those were being sent
3 out was me, and I had presented that information
4 at the happy hour on February 10th. So while she
5 did send these, send other send similar
6 documents to me, it wasn't it was really to
7 supplement what I had already found, and I sent
8 that on to The U.S . Attorney's Office in
9 Jacksonville .
10 Q. Was your purpose of sending that on to
11 the U.S. Attorney's Office in Jacksonville to
12 further a potential qui tam you used earlier?
13 A. No.
14 Q. What was the purpose --
15 A. I had already been told by Mark
16 Devereaux that he could not represent me in a qui
17 tam. My purpose was in furthering the criminal
18 investigation of Lender Processing Services DocX
19 and Deutsche Bank.
20 Q. Did Lisa Epstein know this to be the
21 intended purpose of the documents that she was
22 assisting you to find?
25 THE WITNESS: I don't know.

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2 Q. What did you tell Lisa Epstein was the
3 reason you were asking for assistance in finding
4 mortgage assignments that had been identified as
5 a bogus assignee?
6 MR. CULLEN: Form.
7 MS. HENSEL: Join.
8 THE WITNESS: It depends on the time.
9 But I had told Lisa Epstein and whoever was
10 present at the happy hour that we were
11 getting ready to file a class action
12 complaint against Lender Processing
13 Services, DocX, Deutsche Bank and U.S. Bank,
14 and that -- and I showed the kind of
15 documents that I believed were fraudulent
16 and why they were fraudulent. I gave a
17 little speech at that happy hour.
18 Later, I told Lisa that I had filed a
19 complaint with, as a victim with the U.S.
20 Attorney's Office in Jacksonville, and that
21 they were making a lot of requests for
22 documents from me. And she wanted to help
23 any way she could.
25 Q. Did you forward any of the documents

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1 received from Lisa Epstein to the qui tam
2 attorneys?
3 A. No. Well, there may have been the
4 bogus, some copies of bogus assignees. After the
5 happen hour meeting where I discussed my finding
6 that these mortgage assignments with the grantor
7 identified as bogus assignee for intervening
8 assignments were being produced. Lisa and her
9 group of nurses volunteered to go through the
10 records of every county in Florida to search for,
11 to do a party search, this is the official
12 records, to do a party search where the party was
13 identified as bogus. And within three days she
14 had given me many more examples of that. And I
15 believe that -- I know that those got sent by me
16 to AUSA Devereaux and I don't know whether they
17 also got sent to my lawyers. But I believe we
18 discussed them in the complaint and produced them
19 as support for the complaint but I don't remember
20 for certain.
21 Q. Did you ever receive documents or
22 information from Michael Redman which was used in
23 furtherance of your qui tam?
24 A. I don't remember receiving any
25 documents from Michael.

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1 Q. Did you receive documents from Evan
2 Rosen that was used in furtherance of your qui
3 tam?
4 A. No.
5 Q. Did you ever receive documents, or
6 information from Alina Virani --
7 A. No.
8 Q. -- that was used in furtherance of your
9 qui tam?
10 A. No .
12 information from Michael Olenick that was used in
14 A. No.
16 information from Nye Lavalle that was used in
18 A. No.
20 information from Glenn Augustine that what used
21 in furtherance of your qui tam?
22 A. No.
23 Q. I believe you testified that you don't
24 think you were in email conununication with Adrian
25 Lofton, but did you ever receive information

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1 indirectly from Adrian Lofton?
2 A. No.
3 Q. Did you ever use information or
4 documents received from Nelson or David Velardo
5 in furtherance of your qui tam?
6 A. No.
9 Q. Let me break that down, from Nelson
10 Velardo?
11 A. No.
12 Q. Or from David Velardo?
13 A. No.
14 Q. Did you ever use information or
15 documents received from Damian Figueroa in
17 A. No. I received, the thing that I
18 remember Damian helping with was the search that
19 I just discussed where everybody at that meeting
20 kind of volunteered to search the Florida records
21 for bogus. And I believe Damian searched, and
22 I'm not certain, but I think he chose -- he
23 volunteered to search Miami-Dade County. Because
24 I always had trouble getting into those records
25 and he was able to do it.

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1 And then further on, I was contacted by
2 Special Agent Matthews after I had posted, I
3 posted an article on Fraud Digest, just a brief
4 article, because I had found mortgage assignments
5 where the effective date of the prepared by
6 DocX where the effective date of the assignment
7 was stated to be 99 and the year 9999, and all
8 those mortgage assignments with the year of the
9 effective year as 9999 or assignments to Fannie
10 Mae or Freddie Mac. And I sent the post that I
11 made to Special Agent Matthews who called me and
12 asked for other examples of assignments to Fannie
13 and Freddie in furtherance of the criminal
14 investigation. And, again, I couldn't get into
15 Miami-Dade. And so I asked Damian, and I believe
16 I told him this is a request from our special
17 agent friend, because I told him about the
18 criminal investigation by then, for assignments
19 with the bad date to Fannie or Freddie and he
20 volunteered and sent them to me and I sent them
21 on to the FBI agent.
22 Q. When did you previously tell him about
23 the criminal investigation?
24 A. I think I had told him by -- if I
25 didn't tell him at the happy hour meeting I told

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1 him shortly thereafter, because I believe in
2 February two AUSAs and a state investigator and
3 FBI agent all came to my office in south Florida
4 and met with me for a day and a half and went
5 through all the documents I had compiled and
6 asked me questions. And I had already said that
7 there was this explanation online that Damian had
8 prepared, this YouTube video that explained some
9 of the issues with the faulty assignments. And
10 that Damian had much more information about the
11 Law Offices of David Stern than I had. I had
12 more information about the law firm that had sued
13 me which was law offices of Marshall Watson.
14 Q. Do you believe you told Damian Figueroa
15 about the criminal investigation after this day
16 and a half meeting with the U.S. Assistant
17 Attorneys?
18 A. I may have told him before that they
19 were coming down.
20 Q. Were you in person when you told him
21 this?
22 A. No, it would have been a phone
23 conversation.
24 Q. So did you forward the 9/9/9999
25 assignments to Special Agent Devereaux or

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1 Matthews?
2 A. AUSA Devereaux and Special Agent
3 Matthews, I believe I just sent them to Special
4 Agent Matthews.
5 Q. The 9/9/9999 assignments that you sent
6 to Special Agent Matthews, were those assignments
7 that were found by Damian Figueroa?
8 A. Well, it was first found by me and I
9 posted it on Fraud Digest, and then when Matthews
10 called and asked for additional examples, I
11 called Damian and said I couldn't get into, or I
12 emailed him, I don't remember, but it was my
13 reaching out saying would he assist me in getting
14 into the Miami-Dade records to see if he could
15 find similar examples in Miami-Dade, because I
16 always had trouble getting in there. And he, to
17 the best of my recollection, he found some
18 examples and sent them to me and I sent them on.
19 Q. Did you forward those examples found by
20 Damian on to your qui tam attorneys?
21 A. I don't know . I know that I -- I
22 believe I included some allegations in both the
23 class action and the qui tam about as examples
24 of fraudulent assignments prepared by DocX that
25 there were problems with the dates as well as the

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1 bogus -- as well as unsigned documents --
2 assignments where the line was left blank by the
3 signer but it was nevertheless witnessed and
4 notarized. I sent all of that on.
5 Q. Do you know whether you sent in any of
6 the, of these assignments found by Damian on to
7 the Federal government as part of a qui tam
8 disclosure?
9 A. It could be in the qui tam disclosure.
10 There could be examples of all of that in the qui
11 tam disclosure, because there were allegations of
12 all of that in the qui tam disclosure.
13 Q. Did Damian also find the bogus assignee
14 assignments in the Miami-Dade public records for
15 you?
16 A. Yes.
17 Q. And did you forward those on to USA,
18 Assistant U.S. Attorney Devereaux?
19 A. I think I forwarded them on to FBI
20 Agent Matthews . I had suggested that Matthews
21 interview Damian because he was knowledgeable,
22 especially about the Law Offices of David Stern,
23 and what was going on in the Law Offices of David
24 Stern.
25 Q. Do you know whether you forwarded the

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1 bogus assignee assignments from Damian on to your
2 qui tam attorneys?
3 A. I'm not certain I did. I think that
4 there are allegations regarding that in all three
5 versions of the complaint and that was in, at
6 least some of the examples were in the supporting
7 documents to the complaint.
8 Q. When you say supporting documents to
9 the complaint, what documents are you referring
10 to?
11 A. The exhibits to the qui tam complaint .
12 Q. Did you submit the bogus Miami
13 assignments that Damian found to the United
14 States Government as part of the qui tam
15 disclosure?
16 A. I think that's what you just asked me.
17 Q. My previous question was to your
18 attorneys. This question was about your qui tam
19 disclosure to the Federal Government?
20 A. Again, I believe there are allegations
21 in all three versions of the complaint that talk
22 about those as examples of bad assignments that
23 were being produced by DocX and that there were
24 then examples in the exhibits to the complaint.
25 Q. Other than the search for bogus

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1 assignee and assignments dated 9/9/9999, did you
2 ask Damian Figueroa to gather other information
3 or documents for you?
4 A. From time to time Damian, Lisa, Michael
5 and I had a relationship where people around the
6 country would call us and ask for help,
7 particularly prose homeowners, and when that
8 occurred, we would often send emails to each
9 other to see if anybody had any information about
10 a particular trust or a particular servicer or a
11 particular bank. And I think that Damian sent
12 those to me and I sent some of those to him. I
13 don't have a recollection of who it is I asked
14 him to assist with or anything like that. But I
15 think that was one of the things. I also sent
16 articles that I wrote for Fraud Digest for him to
17 post because he was trying to develop his website
18 to stop foreclosure fraud and was very
19 appreciative of anything I sent him in terms of
20 articles. He sent me unsolicited many times
21 information about mortgage-backed securities,
22 fraudulent mortgage documents, mortgage servicer
23 abuses, and foreclosure fraud abuses. I remember
24 asking Damian at some point if he knew particular
25 mortgage-backed securities that were being bought

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1 by the Federal Government, and he sent me a long
2 list of securities which were mostly Ginnie Mae,
3 Fannie Mae and Freddie Mac securities.
4 Q. By what communication did you ask him
5 about if he knew about particular securities
6 being purchased by the government?
7 A. I believe I sent him an email.
8 Q. Did you have any phone or face-to-face
9 conversation with Damian about this search for
10 securities being bought by the government?
11 A. Not that I recall. I asked him the
12 question and he sent back this big list of
13 securities. But it was Ginnie, Fannie and
14 Freddie securities for the most part. Again, I
15 don't know whether -- I know one of the reasons I
16 asked him for this was AUSA Devereaux was very
17 unhappy prosecuting a case where the victims were
18 people who failed to pay their mortgage payments,
19 and he wanted to show that the government was a
20 victim of the mortgage servicing in the document
21 mill fraud, and that I was trying to get that
22 information to Devereaux, because I wanted him to
23 move the prosecution forward and I wanted to
24 assist in any way I could.
25 Q. Do Ginnie Mae securities involve FHA

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1 mortgages?
2 A. Yes. But at the time we filed the
3 complaint my attorneys had the opinion that fraud
4 against FHA was not recoverable under the False
5 Claims Act, because the FHA was a semiprivate
6 entity that had been established to oversee
7 Fannie and Freddie once Fannie and Freddie became
8 insolvent. And so whenever I provided
9 information about damages to Fannie and Freddie
10 and Ginnie, my attorneys did not find that
11 information useful because that did not
12 constitute fraud against the government in their
13 opinion, at that time.
14 MR. CULLEN: For the record, I would
15 like this entire transcript to be
16 confidential.
17 MS. HENSEL: Don't we have a
18 confidentiality agreement.
19 MR. CULLEN: We do.
20 MS. HENSEL: Incorporate it into the
21 deposition.
22 MR. CULLEN: Say what.
23 MS. HENSEL: Incorporate it into
24 today's proceeding, it would be applicable
25 to today's proceeding.
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1 MR. BRADSTREET: I think everything we
2 were sent can be designated afterward.
3 MS. HENSEL: Yes.
4 MR. BRADSTREET: We can talk about that
5 at a break.
7 Q. Did you ever discuss with Damian
8 whether FHA allegations, or allegations of fraud,
9 defrauding the FHA were recoverable under the
10 False Claims Act?
11 A. I don't recall that discussion.
12 Q. At some point did you and Damian
13 Figueroa have an attorney-client relationship?
14 A. Yes.
15 Q. And what date do you contend that the
16 attorney-client relationship between yourself and
17 Damian began?
18 A. I represented him in two separate
19 matters. I represented him very briefly for
20 about a 10-day period in a motion to vacate the
21 final judgment in his own foreclosure case that
22 had been filed in Circuit Court in Broward
23 County. And I agreed to file that motion to
24 vacate the first night I met Damian in person,
25 and I believe I filed it February 21st or 22nd.

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1 I told him I would do it. I would do it pro
2 bono. I would only do that, that I couldn't
3 handle an appeal for him. I couldn't do anything
4 further than that. But he was very, very upset
5 and frustrated that he had been disrespected by
6 the foreclosure court in Broward County. And
7 when he came to the happy hour that night, and I
8 met him in person, he was distraught over the
9 fact that he was unable to get into the record
10 any of the factual allegations he had gathered
11 about IndyMac, OneWest and Erica Johnson Seek who
12 was a robo-signer for IndyMac. He had done a lot
13 of research and had planned to go into court and
14 present all this research. And he had been
15 frustrated by the judge who he felt disrespected
16 him and didn't allow him to speak and he made no
17 record of that.
18 So all he wanted was as part of his
19 case to have those allegations to become part of
20 the record . And I told him that I didn't think
21 it would do any good. I didn't think the judge
22 was going to vacate the order based on anything
23 that I said, but that I would do a motion to
24 vacate for him. But that I wouldn't drive down
25 to court in Ft. Lauderdale and file it. And a

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1 lot of that was financial restrictions at the
2 time. I had very little money and didn't want to
3 take the trip and pay for the parking and the
4 rest of that and what that entailed. He said
5 that would be fine. He'd meet me in Boca and he
6 would take the document and file it in Broward
7 County. And I did that, and five days later as I
8 predicted, the judge denied the motion to vacate,
9 which really came as no surprise to any of us.
10 But at the happy hour that night, Damian -- I
11 came there speaking about the class action we
12 were about to file. And Damian told me he wanted
13 to be part of the class action. He wanted to do
14 anything he could to help homeowners in
15 foreclosure. He would be a named plaintiff in
16 the class action. He would be the only named
17 plaintiff we had identified at that point who was
18 actually from the Southern District of Florida,
19 which is where we were filing the complaint. And
20 that he wanted in particular to file against
21 David Stern and the Law Offices of David Stern
22 because he felt they were using fraudulent
23 documents in his foreclosure and others. And
24 that the abuses were rampant in those offices.
25 That's my word, not his. I don't remember his

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1 exact words.
2 I was excited about the possibility of
3 either including Damian in the class action that
4 we were filing in the Southern District that was
5 almost ready to be filed, or representing him in
6 a separate class action. That in my mind and
7 what we spoke of was a separate class action
8 which would name the big three foreclosure mills
9 in Florida, which was the Law Offices of David
10 Stern, the Law Offices of Marshall Watson and
11 Florida Default Law Group. After the meeting I
12 sent Damian a retainer agreement which he signed,
13 returned to me electronically and I represented
14 him in that class action against the three big
15 firms until sometime, I believe in, I believe
16 it's June where he told me he had decided to hire
17 a different firm and go a different direction.
18 And I said that was -- that I understood that.
19 So I represented him in that second class action
20 matter for, roughly from mid February to I
21 believe June, but the June date I'm not certain
22 of. But when he notified me that he was going to
23 be represented by the Trent firm instead of me.
24 Q. Okay. So for one -- so for the two
25 matters you identified, the motion to vacate the

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1 foreclosure and the class action against the big
2 three law firms, between those two
3 representations you would agree that you had an
4 attorney-client relationship with Damian from the
5 date of the happy hour until whatever date it was
6 he told you that he had found the Trent law firm?
7 A. Yes.
10 Q. Earlier you testified and said that we
11 had, by you in the plural had identified Damian
12 as the only plaintiff in the Southern District.
13 Who did you mean by we?
16 THE WITNESS: The attorneys that I was
17 co-counsel with in the Southern District
18 case was Dick Harpootlian and Janet, Jenner
19 & Suggs.
21 Q. In the time between February and
22 June 2010 did you have Damian sign a document
23 waiving the attorney-client privilege?
24 A. No.
25 Q. At any time between February and

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1 June 2010 did you have Damian Figueroa sign a
2 document consenting to a conflict of interest?
3 A. No.
4 MR. BRADSTREET: Let's go ahead and
5 take a break.
7 2:53.
8 (Recess taken.)
10 3:13.
12 Q. Ms. Szymoniak, did you ever give Damian
13 Figueroa a written disclosure that the
14 information you were asking him for was not
15 related to your attorney-client relationship with
16 him?
17 A. No.
18 Q. Or did you ever give Damian Figueroa a
19 written disclosure that the information he was
20 sending to you unsolicited per your testimony was
21 not related to the attorney-client relationship
22 with him?
23 A. No.
25 THE WITNESS: Sorry.

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2 Q. When did you and your co-counsel
3 identify Damian Figueroa as a potential plaintiff
4 in the Southern District of Florida?
5 MS. HENSEL: Form.
7 THE WITNESS: After the -- sometime
8 between February 10th and February 17th,
9 2010.
11 Q. What communications did you have with
12 this co-counsel about Damian Figueroa between
13 February 10th and 17th of 2010?
14 MS. HENSEL: Form, go ahead.
15 THE WITNESS: I remember saying that I
16 had been contacted by someone who had lost
17 his house through a foreclosure that was
18 significant to us because many of our people
19 we had identified were in the middle of a
20 foreclosure proceeding but hadn't actually
21 lost their homes yet. So we don't know how
22 the cases would be resolved. That he had a
23 phony assignment in his case, that he had
24 the Law Offices of David Stern, he lived in
25 the Southern District and was willing to be

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1 a named plaintiff in a class action. And I
2 believe the next thing that happened was
3 that Hal Kleinman asked me for Damian's
4 contact information and then Hal called
5 Damian.
7 Q. Between February 10th and 17th of 2010,
8 which of these co-counsel did you have
9 discussions with about Damian Figueroa?
11 MR. CULLEN: Join.
12 THE WITNESS: The only one I recall is
13 a conversation with Hal.
15 Q. Did you exchange emails with anyone
16 from Janet, Jenner & Suggs about Damian Figueroa?
17 A. I don't think so.
18 Q. Did you exchange emails with anyone at
19 Dick Harpootlian's firm about Damian Figueroa?
20 A. No.
21 Q. Prior to emailing a retainer agreement
22 to Damian, did you inform the Janet, Jenner &
23 Suggs firm that you would be doing so?
25 MR. CULLEN: Same objection.

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1 THE WITNESS: I don't think I did, no.
3 Q. Did you inform Dick Harpootlian's firm
4 that you would be sending a retainer agreement to
5 Damian prior to doing so?
6 A. No. Janet, Jenner & Suggs wanted to be
7 sure that anybody we were using as a named
8 plaintiff in the class action had signed and
9 returned a retainer agreement and a statement of
10 client's rights. So those people who we
11 identified as named plaintiffs in that class
12 action I sent them retainer agreements and
13 they -- and the statement of client's rights, as
14 I did with Damian. And when they returned them
15 to me I sent them on at the request of Janet,
16 Jenner & Suggs to Janet, Jenner & Suggs. But
17 they were not as interested in Damian's retainer
18 because they had already decided to go forward
19 with the class action that we had drafted against
20 Deutsche Bank and LPS and DocX and U.S. Bank.
21 And not include IndyMac, OneWest, MERS, or the
22 Law Offices of David Stern or any of the other
23 big firms. They wanted to limit the case to
24 DocX, LPS, Deutsche and U.S. Bank and possibly,
25 you know, to pursue a separate case with the

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1 foreclosure mill law firms . But at that time,
2 since they weren't including that in the
3 complaint that got filed on February 17th, that
4 was not an issue for them.
5 Q. Okay. Did you have discussions with
6 someone at Janet, Jenner & Suggs about not
7 including IndyMac, OneWest, MERS and Stern?
8 A. Yes.
9 Q. Were these phone discussions?
10 A. Yes.
11 Q. Do you have any emails between you and
12 Janet, Jenner & Suggs about not including
13 IndyMac, OneWest, MERS or Stern?
14 A. No.
15 Q. Did you take any notes regarding the
16 phone discussions with Janet, Jenner & Suggs
17 about not including IndyMac, OneWest, MERS and
18 Stern?
19 A. No.
20 Q. Did you inform Damian that the Janet,
21 Jenner & Suggs firm was not wanting to include
22 claims against IndyMac, OneWest, MERS and Stern?
23 A. I did not. It was my understanding
24 that Hal did that. That we would not be using
25 him as a named plaintiff in the class action that

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1 was being filed on February 17th.
2 Q. How did you come to that understanding?
3 A. I believe Hal told me.
4 Q. By phone?
5 A. Yes. I have never met Hal.
6 Q. A while ago you spoke about the
7 February 2010 foreclosure defense happy hour and
8 some discussions you had with Damian at that
9 happy hour. I want to turn back to that. Do you
10 know, do you recall what time you arrived at
11 happy hour?
12 A. Probably about a half hour after it was
13 starting. I think it was starting at 6:00 and I
14 probably arrived around 6:30 but I'm not certain,
15 but people were already there. Lisa and Michael
16 were already there setting up.
17 Q. Lisa Epstein and Michael Olenick?
18 A. Lisa Epstein and Michael Redman.
19 Q. Excuse me. Was there a social hour or
20 cocktail hour prior to your presentation?
21 A. It was really during my presentation.
22 I arrived, I set up my visual aids . I had
23 brought four, five big exhibit boards with me. I
24 set them up in one part of the room, and I had
25 also brought handouts and I set that pile of

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1 handouts out by the bar. And proceeded to
2 introduce myself to Lisa who I had never met
3 before then and to Michael. And then there were
4 a few people in the room that I knew and
5 otherwise I went around meeting people and they
6 met me. Then I sat until Lisa really called the
7 meeting and started talking and sat at a six top,
8 a high top with some other people I had just met.
9 And eventually Damian came in and joined that
10 group.
11 Q. Did you at any time speak with Damian
12 alone at the foreclosure happy hour in
13 February 2010?
14 A. It was February 10th. And, no, I did
15 not.
16 Q. Was all your conversation with Damian,
17 did it all occur at that high top you testified
18 about?
19 A. Yes.
20 Q. Do you recall how long after you
21 arrived that Damian arrived?
22 A. I think about 30 minutes .
23 Q. Did Damian have anything with him?
24 A. Not that I recall.
25 Q. Did Damian hand you any documents at

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1 that happy hour?
2 A. No.
3 Q. Did you give Damian any documents at
4 the February 2010 happy hour?
5 A. I believe I gave him the handout that I
6 was giving to everyone, which was -- I think it
7 was called the Three Lies Most Often Told by
8 Banks in Foreclosures, and I don't recall
9 anything else besides that.
10 Q. How long were you speaking with Damian
11 at the high top prior to your presentation?
14 THE WITNESS: I'm not certain. It
15 could have been about, I believe it was
16 about 30 minutes, and there were other
17 people there. So Damian was speaking to me
18 and to other people at the table, mostly
19 about his experience in court.
21 Q. Approximately what time did your
22 presentation begin?
23 A. About an hour into the event .
24 Q. Did you speak with Damian after your
25 presentation?
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1 A. Yes, I returned to the table and he was
2 at the table, and we spoke. By that time Mark
3 had come in as well. I introduced him to Mark,
4 Mark joined that table. We spoke and I think
5 Michael and Lisa came over to the table. I
6 remember a woman named Lynn, I believe Lynn
7 Warshaw was her name. She came over and I think
8 an attorney, Catherine Mulcahey who does
9 foreclosure defense. I think Katherine came
10 over, and several people in the room who I just
11 met that evening came over to introduce
12 themselves and mostly tell me about their cases.
13 Q. Who was at the table during the
14 conversation with Damian prior to your
15 presentation?
16 A. I believe it was Catherine Mulcahey and
17 Lynn Warshaw and then two people whose names I
18 don't think I know. But a husband and wife. And
19 I think they were from Palm City but I'm not
20 certain. But people would get up and go to the
21 bar or get finger food. There was a small buffet
22 of chips and cheese cubes, and when people would
23 get up, other people would come join the table.
24 It was not the same group the whole time.
25 Q. The discussion you testified about

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1 earlier with Damian, was that discussion held
2 prior to your presentation or after?
4 THE WITNESS: When Damian came in and
5 was talking about his case, that was before
6 the presentation, primarily, and then there
7 was a presentation. I can't remember if
8 Damian stayed at the table the whole time.
9 And I don't remember whether someone from
10 Ice Legal was there. But Damian had
11 expressed interest in talking to people who
12 did foreclosure appeals, appellate work, and
13 I had already told him that I was not in a
14 position to do any of that, because at the
15 time I had no funding whatsoever. I had no
16 finances to do that with and didn't do
17 appellate work anyway. And I think that he
18 may have spoken to attorneys in the room who
19 did appellate work that I believe Lisa may
20 have introduced him to someone who did
21 appellate work, maybe from Ice Legal, but
22 I'm not certain. Ice Legal often did
23 appellate work pro bono and they often came
24 to those meetings.
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1 Q. Who was present when you discussed the
2 motion to vacate the foreclosure judgment, who
3 all was present?
4 A. Lynn Warshaw was there, I believe
5 Catherine was there, but she left somewhat
6 earlier. And I think Lisa was there. I don't
7 know if she was at the table or not. And the
8 same is true of Michael Redman.
9 Q. Who was at the table when you and
10 Damian discussed a potential class action suit?
11 A. I had discussed the class action as
12 part of my presentation. So first I discussed
13 the exhibit boards that I brought and what I had
14 found and that I had -- I had found this bogus
15 assignee assignment and I had taken it earlier in
16 the day to Office Max and had it blown up and
17 mounted on an exhibit board along with some other
18 very questionable mortgage assignments prepared
19 by DocX. And I had prepared an exhibit with 15
20 very distinct variations of the Linda Green
21 signature which subsequently was published in the
22 Washington Post and a lot of other places and
23 used on 60 Minutes and a lot of other places. So
24 I brought all those exhibit boards, and I spoke
25 mostly about that.

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1 And then toward the end of my
2 presentation I explained that I was part of a
3 legal team that was also about to file a class
4 action in the Southern District of Florida,
5 regarding these assignments, against Deutsche
6 Bank and U.S. Bank and that we hoped to be
7 challenging these assignments going forward.
8 And then I sat down and people came
9 over to talk to me about, mostly to talk about
10 bad assignments in their cases, but also to talk
11 about the class action.
12 I believe it is at that point Damian
13 said -- was very enthusiastic about the class
14 action, wanted to help in any way that he could.
15 Said he would be willing to be a named class
16 representative in the class action. And we spoke
17 particularly about the three big firms because
18 Lisa Epstein was being sued by Florida Default.
19 I was being sued by Marshall Watson, and Damian
20 was being sued by David Stern.
21 So we talked about the possibility of
22 bringing a class action against the three big
23 firms. And I mentioned that the problem with it
24 was finding counsel who would be willing to bring
25 the case. I couldn't bring the case by myself

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1 because I didn't have the funding for it and
2 didn't have the experience as a class action
3 lawyer to lead it. But that if I could convince
4 the attorneys I was working with on the Deutsche
5 Bank class action to go forward, they might be
6 willing to go forward on a separate class action
7 against the three big law firms. And Damian was
8 very enthused about that and said he would be a
9 named plaintiff in that and would be willing to
10 go forward against those in such a class action.
11 Q. Was Mr. Cullen present for that
12 conversation?
13 A. I don't recall. He left before I left.
14 I don't know if he was present for that
15 conversation or not, but there were other people
16 who were also willing, who also came forward and
17 were saying they were willing to be part of,
18 wanted to be part of a class action. Damian was
19 the only one who had already lost his foreclosure
20 case that night. There was a one-year Statute of
21 Limitations problem with the Florida Unfair and
22 Deceptive Trade Practices Act. And so if you
23 wanted somebody who had already experienced the
24 loss, the damages by losing their foreclosure
25 case in a case that involved a bad mortgage

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1 assignment, you also wanted somebody who had
2 experienced that loss within the last 12 months.
3 And Damian was the only one who, that night who
4 fit those parameters.
5 Q. Did you tell Damian at the happy hour
6 that you would be sending him a retainer?
7 A. I believe I did.
8 Q. What did you tell him about the
9 retainer?
10 A. That I would be sending him a retainer
11 to represent him in a class action which we
12 contemplated against the three big law firms. I
13 told him that I would have to convince the other
14 law firms to file, to be co-counsel in that
15 lawsuit because of the amount of money involved
16 in filing a class action and the amount of
17 experience that you needed. That in order to be
18 a class rep, your counsel had to be experienced,
19 and I didn't have those credentials. But mostly
20 I also didn't have the money . I couldn't afford
21 to give notice, the kind of notice that had to be
22 given in a class action lawsuit. I just didn't
23 have the resources to go forward with any of it.
24 I didn't have a staff working for me. I didn't
25 have, you know, any of those things. I didn't

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1 have malpractice insurance . I was really a sole
2 operation winding down at that point. And I told
3 him the only way I could go forward was to find
4 other law firms that did have the resources and
5 experience that would associate with me. And
6 that I would be in the process of trying to
7 convince the Harpootlian firm, Harpootlian firm
8 and Janet, Jenner & Suggs to pursue that, or
9 other firms.
10 Q. Did you discuss with him a written
11 retainer regarding the foreclosure motion to
12 vacate?
13 A. No.
14 Q. Did you ever send Mr. Figueroa a
15 written contract for the work you were going to
16 be doing in the foreclosure?
17 A. No. He knew that I was going to do
18 one.
19 MR. CULLEN: Wait. Just answer the
20 question first. I think he wasn't finished.
21 THE WITNESS: Okay . What? I missed
22 something here. I missed something that
23 went on .
24 MR. CULLEN: He was pausing and you
25 started to answer.
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1 THE WITNESS: Okay. I'm getting very
2 tired.
3 MR. ST. DENIS: Were you saying
4 something more to the question? No?
6 Q. Why didn't you send --
7 MR. CULLEN: Would you read the
8 question back, please?
9 (The requested proceedings were read
10 back by the court reporter.)
11 THE WITNESS: No.
12 MR. CULLEN: Very clear. Thank you.
14 Q. Why didn't you send Mr. Figueroa a
15 written contract for the work you were going to
16 be doing in the foreclosure?
17 A. I probably should have in retrospect.
18 But we had an agreement which I honored, that I
19 would represent him in a very, very limited
20 manner on a pro bono basis, that I would prepare
21 this one pleading to get on the record in his
22 case the facts about Erica Johnson Seck's
23 mortgage fraud. And that I would prepare it, it
24 was likely not to be successful, but one never
25 knew. And that I wouldn't even incur the expense

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1 of filing it. That he would meet me, he would
2 give me the facts that I needed, he would meet me
3 in Boca Raton and he would take the pleading and
4 file it himself in Broward County Circuit Court
5 with the understanding that it was unlikely to be
6 successful.
7 Q. And was all of that decided between the
8 two of you at the happy hour?
9 A. I think most of that was decided --
10 some of that was decided at the happy hour . Most
11 of it was decided in the next few days, because I
12 didn't have any of the documents I needed for
13 Damian's case. I didn't have the final judgment
14 and I didn't have the -- there were some
15 documents that I could get online, the phony
16 mortgage assignment that was used against him by
17 David Stern I could get online, and his mortgage
18 itself. But I didn't have the final judgment.
19 Q. How did Damian express his consent to
20 this agreement you're testifying about that you
21 would represent him in a very limited matter pro
22 bona?
23 A. He was very grateful. He said he
24 understood that it probably was not going to be
25 successful, that it certainly wouldn't replace an

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1 appeal, and that he would do all the legwork. It
2 just meant a lot to him to complete the record of
3 the fraud that had been perpetrated against him.
4 Q. Did he express his gratitude within a
5 day or two after the happy hour?
6 A. Yes, I mean, we spoke by phone because
7 I didn't have the documents I needed and he sent
8 me the documents and I was always polite and
9 grateful.
10 Q. How did he send the documents to you a
11 day or two after the happy hour?
12 A. I think at the time I had a fax machine
13 and I think he faxed them.
14 Q. Do you recall what your fax number was
15 at the time?
16 A. No.
17 Q. The phone number that you had -- strike
18 that.
19 It's my understanding you had several
20 phone conversations with Mr. Figueroa in February
21 of 2010?
23 THE WITNESS: I had several phone
24 conversations with Damian in February 2010.
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1 Q. Do you know whether you were on a cell
2 phone?
3 A. I doubt I was on a cell phone. I
4 seldom used a cell phone.
5 Q. Do you know if these conversations
6 occurred while you were at the office?
7 A. Most of my conversations with Damian
8 were very early in the morning or pretty late in
9 the evening after 8:00 o'clock at night on my
10 home phone .
11 Q. What was your home phone number at the
12 time?
13 A. (561)630-6928.
14 Q. Again, this is in February 2010, that
15 was your home phone number?
16 A. Yes.
17 Q. Was the fax machine you referred to at
18 your home or office?
19 A. I had one both places.
20 Q. Did you have a separate line at home
21 dedicated to the fax machine?
22 A. Yes. He may have sent them and scanned
23 them in an email. Either way, I know we didn't
24 rely on the U.S. mail and I know he didn't
25 deliver them to me in person. So it either came

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1 as a scan or a fax, but I don't have a recall of
2 it.
3 But within three days I had the
4 documents I needed to draft the motion to vacate,
5 provide him with a copy of the draft to review,
6 finalize the draft and then meet him in Boca to
7 give it to him to file.
8 Q. Other than bogus assignee assignments
9 in Miami-Dade, the 9/9/9999 assignments and the
10 list of securities that were to be purchased by
11 the U.S. Government, do you recall ever asking
12 Damian for other documents or information related
13 to the mortgage fraud?
16 THE WITNESS: I may have asked him for
17 opinions in cases that had been decided. I
18 may have asked him for some opinions from
19 Judge Arthur Schack, S-C-H-A-C-K, in
20 Brooklyn, New York. He had a collection of
21 all of Judge Schack's decisions.
23 Q. Do you recall ever asking Damian for
24 any other information regarding mortgage fraud?
25 A. I think that from time to time I asked

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1 him for pooling and servicing agreements relating
2 to particular trusts whenever somebody was asking
3 me for that and I couldn't find them. He was
4 more adept at finding pooling and servicing
5 agreements than I was. So if it was something
6 that a prose homeowner somewhere in the country
7 asked me for and I couldn't find, or was just too
8 swamped with requests, I would send it on to
9 Damian on occasion, sometimes to Lisa.
10 Q. Did you ever ask Damian for additional
11 information requested by anyone in the U.S.
12 Attorney's Office?
13 A. Other than what I previously said, the
14 requests for the assignments to Fannie and
15 Freddie were directly from Special Agent
16 Matthews. So, at some point, yes, AUSA Devereaux
17 wanted more examples of phony assignment, DocX
18 assignments from Duval County, because I had
19 mostly been sending him examples from Palm Beach
20 and St . Lucie and Martin and the counties here
21 that I was more familiar with. And he was filing
22 the case in the Middle District, I was sending
23 him stuff from the Southern District. He was
24 filing a case in the Middle District and he
25 wanted Middle District examples. So he asked me

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1 for Middle District examples and I think I asked,
2 I think I asked Damian for assistance with that.
3 Q. Do you know whether Mr. Devereaux ever
4 did file the case in the Middle District?
5 A. Yes.
6 Q. Do you know what the outcome of that
7 case was?
8 A. Yes. The president of DocX, Lorraine
9 O'Reilly Brown pled guilty to I believe
10 conspiracy and mail fraud and was sentenced to 60
11 months . She had already been sentenced in
12 Michigan, however, for I believe racketeering and
13 mail fraud, and because she was sentenced in
14 Michigan first, instead of serving her time in a
15 Federal prison, she is serving her time in a
16 woman's state prison in Michigan. I believe
17 there is only one. The corporation itself
18 entered into a nonprosecution agreement with the
19 Justice Department and paid I believe $35 million
20 for a nonprosecution agreement.
21 Q. Did you receive any compensation from
22 the $35 million nonprosecution agreement between
23 DocX and the Federal Government?
24 A. No. There was also, I believe a
25 $135 million Federal settlement with DocX, LPS

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1 and 49 State Attorney Generals.
2 Q. Did you receive any compensation out of
3 the $135 million Federal settlement?
4 A. No.
5 Q. Can you think of any other examples,
6 specific examples of information that you asked
7 Damian to find for you?
9 MS. HENSEL: Join.
10 THE WITNESS: I can't right now think
11 of anything else that I asked him to find
12 for me other than PSAs, pooling and
13 servicing agreements relating to trusts.
14 And sometimes people would ask about a
15 particular trust, and it was -- I couldn't
16 even find the trust. I couldn't find any
17 examples -- any documents relating to the
18 existence of the trust on the SEC website.
19 And I may have asked him if he knew what
20 could possibly be a shorthand for. I don't
21 remember anything else right now.
23 Q. Sure.
24 A. But a lot of requests went back and
25 forth amongst those of us who were doing this

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1 work at the time.
2 Q. Do you know whether you sent any of the
3 Court opinions that Damian had provided to you on
4 to The U.S. Attorney's Office?
5 A. I don't know. I know I sent opinions
6 on to The U.S. Attorney's Office, and whether
7 those were opinions that Damian provided to me, I
8 just don't know.
9 Q. Sure. Do you know whether you sent in
10 any of those opinions on to your qui tam
11 attorneys?
12 A. I also don't know that. But probably
13 not because they had LexisNexis and West Law and
14 all the expensive things that you needed to find
15 them themselves and they weren't really asking me
16 to find cases. And when I needed cases, I would
17 more likely ask them to send me opinions and vice
18 versa.
19 Q. Do you know whether any of the Court
20 opinions that Damian had provided you made its
21 way into the qui tam disclosure that was provided
22 on your behalf to the Federal Government?
23 A. I don't know .
24 Q. Do you know whether any of the pooling
25 and servicing agreements that Damian provided to

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1 you were forwarded on to the U.S. Attorney's
2 Office?
3 A. I believe that the only pooling and
4 servicing agreement that was forwarded on to the
5 U.S. Attorney's Office was my own PSA from
6 Soundview Home Loan Trust 2006OPT2.
7 Q. Did Damian find that PSA?
8 A. No . I purchased it.
10 and servicing agreements that Damian found for
11 you were forwarded on to your qui tam attorneys?
13 MR. CULLEN: Object to the form.
14 THE WITNESS: I don't know. I believe
15 the only PSA that was forwarded on was the
16 one I just referenced which was the trust
17 that claimed to own my house on Man 0' War.
20 and servicing agreements provided to you by
21 Damian became part of the qui tam disclosure,
22 your qui tam disclosure to the Federal
23 Government?

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1 THE WITNESS: I don't know.
2 MR. CULLEN: It's 4:00 o'clock, ma'am.
3 THE WITNESS: I really need to stop
4 soon.
5 MR. BRADSTREET: Can I ask these next
6 four questions?
7 MR. CULLEN: Sure.
8 MR . BRADSTREET: Four sets of
9 questions.
11 Q. Did Damian, in fact, find examples of
12 phony DocX assignments from Duval County?
13 A. I believe he did.
14 Q. And did he forward those to you?
15 A. I think he did. I don't have a
16 specific recollection, but I believe that's what
17 I gave to Mark Devereaux, and he used them in the
18 criminal prosecution of Lorraine O'Reilly Brown.
19 Q. Do you know whether he forwarded those
20 to your qui tam attorneys?
23 THE WITNESS: No, I don't.
25 Q. Do you know whether the phony DocX

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1 assignments from Duval County that Damian found
2 became part of your qui tam disclosure to the
3 Federal Government?
5 MS. HENSEL: Join.
6 THE WITNESS: No, I don't. In addition
7 to Damian finding things in Duval, I was
8 finding things in Duval . Lisa probably was,
9 too.
10 MR . BRADSTREET: All right. We can go
11 off the record and to be continued on mutual
12 agreed to dates.
13 MS. HENSEL: Can we agree that the
14 confidentiality order applies to the
15 deposition and the exhibits?
16 MR. BRADSTREET: Sure.
17 MR. CULLEN: Yes.
18 THE VIDEOGRAPHER: The time is 3:58.
19 This concludes the video deposition. Off
20 the record.
21 THE REPORTER: Would you like me to
22 transcribe this deposition?
23 MR. BRADSTREET: Yes, please.
24 THE REPORTER: Mr. Cullen, would you
25 like a copy of the deposition?

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1 MR. CULLEN: I'll let you know in my
2 email to you tomorrow.
3 THE REPORTER: Copy, ma'am?
4 MS. HENSEL: Yes, I'll have a copy.
5 THE REPORTER: Are you reserving
6 signature?
7 MR. CULLEN: Yes.
8 (The deposition was in recess at 4:02
9 p.m.)
10
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1 CERTIFICATE OF OATH
3 STATE OF FLORIDA
4 COUNTY OF PALM BEACH
5 I, EDWARD F. KIDD, RPR, LCR, Shorthand
6 Reporter and Notary Public, State of Florida,
7 certify that LYNN SZYMONIAK, personally appeared
8 before me and was duly sworn.
9 Dated this 29th day of June, 2015.
10
11
12
EDWARD F. KIDD, RPR, LCR
13 Notary Public, State of Florida
My Commission: FF028201
14 Expires 6/19/17
15
16
17
18
19
20
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22
23
24
25
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1 CERTIFICATE OF REPORTER
3 STATE OF FLORIDA
4 COUNTY OF PALM BEACH
5 I, EDWARD F. KIDD, RPR, LCR, Shorthand
6 Reporter and Notary Public, State of Florida, do
7 hereby certify that I was authorized to and did
8 stenographically report the deposition of LYNN
9 SZYMONIAK; that a review of the transcript was
10 requested; and the foregoing transcript, pages 5
11 through 127, is a true and accurate record of my
12 stenographic notes.
13 I FURTHER CERTIFY that I am not a relative,
14 employee, attorney, or counsel of any of the
15 parties, nor am I a relative or employee of any
16 of the parties' attorney or counsel connected
17 with the action, nor am I financially interested
18 in the action.
19 Dated this 29th day of June, 2015.
20
21
22 EDWARD F. KIDD, RPR, LCR

Notary Public, State of Florida
23
24
25
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1 READING AND SIGNING
2 I, LYNN SZYMONIAK, have read the transcript

in the case of Figueroa vs. Szymoniak and I find:
3
(MARK ONE)
4
) Under penalty of perjury, I declare the
5 transcript is true, correct and completely
accurate.
6
) Under penalty of perjury, I declare the
7 transcript is true, correct and accurate, except
as noted below, and citing page and line and
8 reason for the correction.
9
CORRECTIONS
10
Page - Line - Correction:
11
12
13
14
15
16
17
18
19
20
21
22
23
24 DATE LYNN SZYMONIAK, ESQ
25
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June 29, 2015
LYNN SZYMONIAK, ESQ

c/o MARK A. CULLEN, ESQUIRE
OF: CULLEN LAW FIRM, P.A.
500 South Australian Avenue
Suite 543
West Palm Beach, Florida 33401
In Re: 6/25/15 deposition of LYNN SZYMONIAK

Figueroa vs. Szymoniak
Dear Ms. Szymoniak:
This letter is to advise that the transcript for

the above-referenced deposition has been
completed and is available for review. Please
contact our office at (800) 275-7991 to make
arrangements to read and sign, or sign below to
waive review of this transcript.
It is suggested that the review of this

transcript be completed within 30 days of your
receipt of this letter, as considered reasonable
under Federal Rules*; however, there is no
Florida Statute to this regard.
The original of this transcript has been

forwarded to the ordering party and your errata,
once received, will be forwarded to all ordering
parties for inclusion in the transcript.
Sincerely,
Edward F. Kidd, RPR. LCR
cc: Eric Bradstreet, Marjorie Hensel
Waiver:
I, LYNN SZYMONIAK, hereby waive the reading &

signing of my deposition transcript.
LYNN SZYMONIAK Date
*Federal Civil Procedure Rule 30(e)/Florida Civil

Procedure Rule 1.310(e)
~
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113-06883 Figueroa V Szymoniak Depo Lynn Szymoniak Vol. 1 Depo W.O. Exhibits, June. 25, 2015

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113-06883 Figueroa V Szymoniak Depo Lynn Szymoniak Vol. 1 Depo W.O. Exhibits, June. 25, 2015

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Filing# 45801316 E-Filed 08/29/2016 01:57:19 PM

In the Matter of:

LYNN SZYMONIAK, ESQ

June 25, 2015

7 LYNN SZYMONIAK, ESQUIRE,

14 VIDEO DEPOSITION OF:

15 LYNN SZYMONIAK, ESQ

17 DATE: JUNE 25, 2015

18 TIME: 10:06 A.M. - 4:02 P.M.

19 TAKEN BY: PLAINTIFF

20 PLACE: ORANGE LEGAL

22 REPORTED BY: EDWARD F. KIDD, RPR, LCR

3 Appearing on behalf of the Plaintiff:

4 ERIC BRADSTREET, ESQUIRE and

10 Appearing on behalf of the Defendant Szymoniak:

11 MARK A. CULLEN, ESQUIRE

18 MARJORIE S. HENSEL, ESQUIRE

23 Also Present: RYAN KICK, VIDEOGRAPHER

3 WITNESS: LYNN SZYMONIAK, ESQ

4 Direct Examination By Mr. Bradstreet ....... 5

5 CERTIFICATE OF OATH ...................... 127

6 CERTIFICATE OF REPORTER .................. 128

7 ERRATA PAGE .............................. 12 9

8 READ AND SIGN LETTER ..................... 130

12 EXHIBIT DESCRIPTION PAGE

15 Exhibit 2 Defendant Lynn Szymoniak's 53

21 Exhibit 5 United States Securities 62

3 It is hereby stipulated and agreed by

4 and between counsel present for the respective

5 parties, and the deponent, that the reading and

6 signing of the deposition are hereby reserved.

1 THE VIDEOGRAPHER: Here begins the

2 videotape deposition of Lynn Szymoniak in

3 the matter of Ignacio Damian Figueroa versus

4 Lynn Szymoniak, Esquire, et al. The

5 deposition is being held at Orange Legal,

6 West Palm Beach, 500 South Australian

7 Avenue, West Palm Beach, Florida.

8 Today's date is June 25th, 2015. The

9 time is 10:06 a.m. The court reporter is Ed

10 Kidd. And the video specialist is Ryan Kick

11 on behalf of Orange Legal.

12 Would counsel and all parties present

13 please introduce yourself after which the

14 court reporter will swear in the witness.

15 MR. BRADSTREET: Eric Bradstreet and

16 Donald St. Denis for the plaintiff.

17 MR. CULLEN: Mark Cullen on behalf of

18 Lynn Szymoniak and The Szymoniak firm.

19 MS. HENSEL: Marjorie Hensel on behalf

20 of Janet, Jenner & Suggs and Hal Kleinman .

21 THE REPORTER: Ma'am, would you raise

22 your right hand, please?

23 THE WITNESS: (Witness complies.)

24 THE REPORTER: Do you solemnly swear

25 the testimony you're about to give will be

1 the truth, the whole truth and nothing but

2 the truth so help you God?

3 THE WITNESS: I do.

6 called as a witness, and after having been first

7 duly sworn, testified as follows:

10 Q. Good morning. Could you state your

11 name for the record, please?