[*280 I Page 3
1 UN1TED STATES DISTRICT COURT 1 - - .
. FOR THE DISTRICT OF CONNECTICUT I N D E X
‘ 2 CASE NO. 3:02CV2272AVC
J CROWN T1~tisATRES. LPS g ' ‘ '
4
Plaintiff. DIRECT (ROBERT L. BEACHER)
5 vs 4 BY MR. MARTIN .........,......................... 5
6 5
MILTON 1. DALY, 'IHAYDOR-LEIGH. [NC., - — -
1 ANNEE.DALY,JA1v[ESC.CELLA.G.U.S. 6 E x H1 BIT 3
DEVELOPMENT. INC., JAMES T. MARTINO end _ _ _
0 JAMES TI-IOMAS MAR11No, ARCHITECT, P.C.. 7
9
Dcf,,,dmrS_ S Deposition LD. Exhibit No. 1 ................... S
10 I 9 Deposition l.D. Exhibit No. 2 ................... 9
E 10 Deposition l.D. Exhibit No. 3 ................... 9
13 VIDEOMPED DEPOSYHON OF ROBERT L BEACHER 11 Deposition I.D. Exhibit Nos. 4 & 5 ............. 27
14 VOLUME [_ PAGES 1 . 124 12 DSPOSIUOI1 LD. Exhlbll N0. 6 .................. 42
15 13 Deposition I.D. Exhibit No. 7 .................. 52
16 ;16¤g;¤¤¤¤y· ;'·i¤;_¤·¤nt 25- 2004 14 Deposition I.D. Exhibit No. 8 .................. 76
I Em. · Z p.I11. · · - ·
1* ,.,,,,,,,,,, {2 i§Z‘?,3§}{§33 {13; E’.§‘rii.'ZiI Et ?r;;:;;i;;;i;;:;;:.%%
IS rorr Lauderdale, Florida 33301 17 Deposition I.D. Exhibit No. 11 ................. 86
19 18 Deposition I.D. Exhibit No. 12 ................. 89
gg 19 Deposition LD. Exhibit No. 13 ................. 99
22 Rcpomd By, 20 Deposition I.D. Exhibit No. 14 ................. 99
Theresa Tom¤el1i,RPR. RMR 21 Deposition I.D. Exhibit Nos. 15 - 21 .......... 102
23 Notary Public, State of Florida 22
Esquire Deposition Services 23
24 Fon Lauderdale Office
Phone - 800.211.3376
25 9543314400
l iq: Page 2 Page 4
$3‘.?‘LEtft’??frE%r.r..o. I PROCEEDINGS
3 IENNER & BLOCK, LLP 2 WE BIB HDW $0111g OI]
4 g?c;B;·*Im;¤is 60611 3 the vtdeo record. The time on the monitor ts
Bw;. gphlc C_ MARTIN, ESQUIRE 4 HID. Today is wedlmsday, the day
s AND: MATTHEW H. RICE, ESOUIRE 5 Of February, 2(}()4_
6 ’°‘"°‘ L"‘“‘E"‘·`E E S°‘*·""E"· ES°""‘E 6 We are here at 200 South Broward
1 On betrrrtt ofthe Dererrderrtsvmttton 1.. Daly, 7 Boulevard, Fort Lauderdale, Florida, for the
8 A¤¤= E- D10 ¤¤¤T=v*¤¤-*·=·¤¤· *¤=-— 3 purpose or raking the videotaped deposition
WEINSTEIN sr wissen. 1=·.c. 9 of Robert L. Beacher, Crown Theatres versus
° §;*gjj‘_fM,,¤ Sm, 10 Daly, et al.,.which is filed in t1re_Uo1ted
10 West trtsrntord, Connecticut 00101 11 States District Court m Cormectrcut.
H BY’ KERRY M‘ wlssm ESQUIRE 12 The videographer is Gary Fisher of
12 On behalf of the Defendants, James T. Martino, and ESCIUTIE. The COl1l'[ 1’Cp01'(Cl‘ is TCITY
James T]1.0m8$ Mil1'li|1D, AICIIFLCC1, P.C.: Tomasclh Of
13 ‘
MILBER, MAt
15 White Plains, New York 10004 17 MR. MARTIN: Craig Martin, Larry
16 BY‘ MARISA '·*“Z* E$°U“°·E 18 Schauer, and Matthew Rice for Crown Theatres.
rg Ar,§:£i;Ef§;ig;JN 19 MR. WISSER: Kerry Wisser, W-i-S-S-e-r,
GARY rroer. rrr........,,.... gg g;;;*;¤;?;hN*;j;c04v· A¤¤= 081% ¤¤<*
19 · r -
gl; 22 MS. LANZA: Marisa Lanza from Milber,
22 23 Makris, Piousadis & Seiden for the
* § 24 Defendants, James T. Martino and James Thomas
,5 25 Martino, Architect, P.C.
1 (Pages 1 to 4)
ESQUIRE DEPOSITION SERVICES (954) 331-4400
Case 3:02-cv-02272-AVC Document 146-10 Filed 05/20/2004 Page 2 of 3
Page 13 Page 15
1 invoices from a company called G.U.S., G—U-S, 1 Q. Sure.
2 which were prepared by Mr. Jamie Cella. 2 Explain and describe the basis for your
3 And Mr. Cella submitted those invoices 3 testimony that Mr. Daly stole $4.2 million from
4 to me under a different arrangement that 4 Crown Theatres.
5 Mr. Daly had orchestrated on me getting 5 MR. WISSER: Object to the form of the
6 25 percent, I believe; Mr. Cella getting -- 6 question to the utilization of the term
7 or G.U.S. keeping 20 percent, and the balance 7 "stole." -
8 would have gone to -- would have been paid by 8 BY MR. MARTIN:
9 one of my entities, most likely with B.B. 9 O. Go ahead. You can answer.
10 Construction Consultants to Taylor-Leigh, of 10 A. Money was stolen.
11 which the checks that I wrote to Taylor-Leigh 11 MR. WISSER: Move to strike.
12 will substantiate what I have just said. 12 THE WITNESS: Mr. Daly devised a scheme
13 BY MR. MARTIN: 13 of where he wanted -- he was having trouble
14 Q. Okay. And is that your basic 14 getting his equity agreement completed with
15 understanding of what Crown alleges in this 15 Crown. And he was very upset about it, and
16 lawsuit? 16 to say it mildly, extremely upset about it.
17 A. Crown ·- 17 So, Milt felt that he was entitled to
18 MR. WISSER: Objection. Relevance. 18 have these fees. After -- when I say "these
19 THE WITNESS: I'm sorry. Crown was 19 fees" -- and let me walk you through of how
20 robbed of approximately $6 million, of which 20 I'm trying to put this into the proper words.
21 Taylor-Leigh obtained through my entities of 21 After I would negotiate a contract
22 $4.2 million. 22 amount through a bidding process with a
23 BY MR. MARTIN: 23 particular general contractor that was going
24 Q. Okay. Let me make sure I understand 24 to be the contractor awarded one of the jobs,
25 what you're saying, Mr. Beacher. The -- what -- 25 I would go back to Milt and tell Milt: I put
Page 14 Page 16
1 the two questions that I have just asked you, is 1 to bed the contract amount.
2 that your understanding of what Crown alleges in 2 Hypothetically, let's say $7 million on
3 these lawsuits? 3 one of the projects. Milt would then say to
4 A. Yes. 4 me the very next day: This is great; you did
5 MR. WISSER: Objection. Relevance. 5 a good job. He says: Give me an invoice for
6 BY MR. MARTIN: 6 a million-one, million-two, whatever amount
7 Q. Okay. And with regard to the two 7 he would pick out.
8 answers that you just gave me a moment ago about 8 At that point in time, I would prepare
9 your understanding of what Crown alleges, is it 9 the invoice. I would fax it over to him
10 your understanding that what Crown alleges is true? 10 which would have been a continuation sheet on
11 A. Absolutely. 11 the AIA form for his review, his approval, so
12 Q. And so your best testimony is that 12 that the numbers -- so he could check out how
13 approximately $6 million was stolen by you, 13 I was going to bill it in the described
14 Mr. B. -- you, Mr. Daly, and to some extent, 14 numbers. All right.
15 Mr. Cella, correct? 15 Then in most cases, immediately after it
16 A. Correct. 16 was done, after -- within the next day after
17 Q. And your best testimony is that Mr. Daly 17 the contract was signed, I would submit a
18 stole approximately 4.2 million, correct? 18 bill for a vast amount of work that was never
19 MR. WISSER: Objection. Leading. 19 performed.
20 THE WITNESS: Correct. 20 This all leads back to, you know,
21 BY MR. MARTIN: 21 where -- you know...
22 Q. Now, explain and describe the basis for 22 BY MR. MARTIN:
23 your understanding or your testimony that Mr. Daly 23 _O. After you would submit the bill for work
24 stole $4.2 million. 24 that was never performed, let me ask -- well, let
25 A. Can you repeat the question, please? 25 me put it like this: Who would you submit the bill
4 (Pages 13 to 16)
ESQUIRE DEPOSITION SERVICES (954) 331-4400
Case 3:02-cv-02272-AVC Document 146-10 Filed 05/20/2004 Page 3 of 3
Page 97 Page 99
1 down to, I believe, a little over $7 million, 1 A. I would venture to say at least a
2 l think it was. I'm not a hundred percent 2 million and a half dollars. I'm not -- you know, I
3 sure. But we developed the contract down to, 3 would like to see the application. I could better
4 I believe, a little over $7 million for them 4 respond.
5 to construct the building based upon the 5 (The document was marked Deposition I.D.
6 plans, specifications of the architect, as 6 Exhibit No. 13.)
7 well as take into consideration the VE work 7 BY MR. MARTIN:
8 that was included into the contract amount. 8 Q. Okay. bet me show you what we have
9 BY MR. MARTIN: 9 marked as Deposition Exhibit Number 13, which is
10 Q. Let me ask you a few questions. The 10 right in front of you, Mr. Beacher.
11 general contractor was contracting with the 11 A. I have it.
12 landlord; is that correct? 12 Q. Would you identify that document?
13 A. The general contractor had a contract 13 A. This is the lease agreement between
14 directly with the landlord. 14 Crown Theatres and North County Land Holdings,
15 Q. Did the general contractor have a 15 which would have been, to my knowledge, Abacoa Town
16 contract with Crown Theatres? 16 Center.
17 A. No, they did not. 17 (The document was marked Deposition I.D.
18 Q. Okay. And why was it structured that 18 Exhibit No. 14.)
19 way? 19 BY MR. MARTIN:
20 A. The landlord wanted to control 20 Q. Okay. And let me show you what we have
21 everything on the project; however, this presented 21 marked as Deposition Exhibit Number 14.
22 a -— 22 A. Is there anything specific you want me
23 Q. Was there work that Crown Theatres was 23 to see in this first amendment'?
24 going to do? 24 Q. No. [would just like you to identify
25 A. No. 25 it for the record.
Page 98 Page 100
1 Excuse me. Yes, there was work. It 1 A. That's a first amendment to the lease.
2 would be interior tit-out work, but not general 2 Q. Okay. And as Crown's construction
3 construction. 3 consultant, were you familiar with these documents?
4 Q. And why was it-- from Crown Theatres' 4 A. Some of the terms of the document, yes.
5 perspective, why was it structured that way? 5 Q. Which terms in particular were you
6 A. Crown Theatres didn't like it structured 6 familiar with?
7 that way. 7 A. The Exhibit E, which would have been the
8 Q. Why not? 8 Crown -- description of tenants' work. I prepared
9 A. Because Milt had no control over the 9 that document.
10 money by having De Guardiola build the building. 10 Q. Did you discuss it with anyone?
11 He then went to George De Guardiola and/or Bruce 11 A. Yes.
12 Rendina, and between him and David Clifford and a 12 Q. Who'?
13 gentleman by the name of Pat DiSalvo from 13 A. Milt Daly.
14 De Guardiola, negotiated to have all change orders 14 Q. What did -- what did that discussion
15 billed directly to me, meaning B.B., okay, of which 15 entail?
16 then I submitted the change orders to Crown, okay, 16 A. It would be just, you know, what -- you
17 which that provided Milt with an avenue to steal 17 know, this was all part of the overall building
18 the money. 18 program, so it would have been the landlord
19 Q. Did you and Mr. Daly steal money in 19 building the buildings. The landlord has
20 connection with the Jupiter project? 20 everything.
21 A. A lot of money. 21 These is the work -- this is the work
22 MR. WISSER: Objection to the form of 22 that was negotiated out of the 1and1ord's work that
23 the question. 23 would be the tenant‘s responsibility in their lease
24 BY MR. MARTIN: 24 agreement.
25 Q. How much money, approximately? 25 So the conversation went that I was
25 (Pages 97 to 100)
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