Beruflich Dokumente
Kultur Dokumente
th
2013
Italian translation< CLICK 05/28/13 Please help us!
Julie Hollander
AEG Live Vice President of Event Operations Accounting
Defendants witness
By ToMJRespectIsDue
Direct examination from Brian Panish
Q. When were you promoted to vice president?
A. Dont recall
Q. Was it within 5 years?
A. Yes
Q. And the individual who hired you was Mr. Tim Woolley
A. Yes
Q. He was the CFO of AEG Live
A. Yes, the chief financial officer is responsible for all financial matters of the company and
reporting financial activity?
Q. They are management of the company
A. Yes
Q. And the CFO report to the CEO
A. Yes
Q. Thats the chief executive officer that is what the CEO stands for, correct
A. Yes
Q. And AEG Live has a CEO
A. Yes,
Q. Thats Randy Phillips
A. Yes
Q. Who else was working for AEG when you were hired?
A. Mr. Paul Gongaware. Mr. Paul Coatland?
Q. Do they still work for AEG
A. Yes, at that time Mr.Paul Gongaware was the company CEO of the Concert West division
Q. So prior to becoming AEG, he was the company CEO when you joined the company
A. Yes. Paul Gongaware, Meglen Had always worked in the capacity of CEO of Concert West
Division, Mr. Randy Phillips joined later
Q. Mr. Woolley was your soul supervisor is that correct
A. Yes, Mr. Woolley would oversee accounts and other matters such as profit designation
Q. When you were hired, you were an accountant
A. Yes
Q. Your duties Included, creating financial budgets for the company, keeping abreast of balance
sheets and transactions, financial documentations of all types, the money of the company was
your responsibility
A. Yes
Q. When you prepared your reports, Mr. Woolley would check them for accuracy and have the
final say
A. Yes, that is correct he is my boss
Q. Was it under Mr. Woolley that you were trained and he made sure that you did your job
properly?
A. Yes, Mr. Woolley has many years long experience in the financial industry
Q. Was Mr. Woolley the tour accountant for This Is It
A. I dont know if he was the tour accountant but he created and was in charge of the budget for
This Is It
Q. In what capacity did Mr. Woolley work for This Is It in 2009
A. I would say he was in my opinion; he had a broader role then what a tour accountant would be
considered to have
Q. Would you say that Mr. Woolley was management?
A. I would say that he was responsible for developing the overall budget. I cant give you his
specific job description as I didnt hire him
Q. Did you report to Mr. Woolley?
A. No I didnt report to him
Q. When did you stop reporting to Mr. Woolley?
A. That would be in 2002
Q. That was the last time you worked on a project with Mr Woolley
A. Correct
Q Is he working now on a project
A. Im not clear
Q. What was he working on when he was helping on a project that got nowhere on a Harry Potter
Brand
A. Im not certain
Q. Is AEG now involved in promotions with Rolling Stones?
A. Yes
Q. Was Mr. Woolley involved in Rolling Stones
A. I had no involvement in that
Q. So you dont know
A. No, I dont know
Q. When Mr. Woolley became involved in This Is It he was living in Florida
A. Yes
Q. Who is the CFO now
A. Rich Webpain?
Q. And Randy Phillips is still the CEO, correct
A. Yes
Q. Your backgroundyouve gone to college
A. Yes
Panish Let me say something to you, can i finish speaking then you speak
Q. Would you like water
A. No Im fine
Q. We were talking about being controller, you said you were the controller for AEG for 12 yrs.
As comptroller youre responsible for all accounting transactions at AEG Live
A. Yes, and for AEG Live events we have a corporate controller
Q. Are you responsible for financial reporting?
A. Yes
Q. Did you give a deposition before this trial?
A. Yes
Q. Did you meet with AEGs lawyers for those depositions?
A. Yes
Q. Who did you meet with?
A. I met with Ms. Jessica Stebbins Bina and Mr. Wang attorneys for OMelveny and Myers
Q. How may time did you meet with the attorneys
A. Since or Now, , ermmm probably six meetings
Q. How many since your deposition was taken on November 8
th
2012?
A. Once briefly and twice recently
Q. When were the recent meetings?
A. Yesterday and today
Q. How many hours
A. Lets see, about four hours yesterday then an hour and half today
Q. Five and half hours in the last two days
A. Yes
Q. Now did you review any documents in order to prepare for todays testimony?
A. Yes
Q. Did this refresh your recollection?
A. Yes
Q. What did you review?
A. I reviewed some budget reports and a few emails and thats mainly it.
Q. Mainly it?
A. Well Ithere were budgets and emailed reports to management and ermm contracts with Mr.
Jackson
Q. What emails did you review to refresh your recollection?
A. There were quite a few, from Mr. Woolley too that I may have been included on and emails
about settling payment with vendors
Q. Are they (emails and documents) here today?
A. There are now in my counsels possession
Q. This is all to help you
A. Yes when going over a lot of information in short time they have been helpful, its difficult to
recant so much from a long time ago
Q. How may emails have you reviewed that helped you refresh your recollection to testify here
A. I dont know dozens
Q. So dozens can be 24 emails
A. There were quite a few, exchanges and some schedules, I cant say for sure
Q. You say schedules.
A. No not schedules in my mind they are what I call a budget or financial report
Q. did you review your deposition
A. Yes
Q. Did you review your exhibits in the deposition?
A. When I did I did, not recently no
Q. They were not all documents were they?
A. Yes that correct, some documents may not have been in my deposition
Q. How may emails with Mr. Woolley did you review to refresh your recollection
A. I couldnt tell you, I looked at a lot of things yesterday,
Mr. Panish: Only way to know is if we have them here today, can we produce to refresh her
recollection
Judge Palazuelos: You want them now
Ms. Stebbins: I dont have issue
Panish: Who has those documents
Stebbing: Your honor I dont think it fair to give them, as others may be in named in those
that are not relevant to his witness testimony.
Panish: I would like to see
Judge: Continue
Q. How many different emails are there regarding Mr. Woolley?
A. I really cant tell you how many there are, its not coming to mind
Q. You told me there were several dozens
A. hmm
Q. Would you say theres 24 to 40 different emails that you viewed to refresh your recollection to
testify today
A. There were several exhibits quite a few were emails, 20 to 40 thats hard for me to say
Q. You know what exhibits are being used in this case
A. I know there were documents I was shown, that were marked as exhibits that were in my
deposition
Q. Were there additional exhibits that were not in your deposition?
A. Yes
Q. How many of those were they
A. I dont know, you know I didnt sit there and count them
Q. Whats an estimate of how many documents you reviewed to refresh your recollection, that
were not marked as an exhibit with your deposition
Ms. Stebbins: Your honor, we will bring them all
Q. maam how many documents did you review, several dozen
A. My best estimate there were many, probably in excess of 40
Q. In your deposition there were only 20, did you know that
A. I didnt know, I dont recall
Mr. Panish: Let me see if I can refresh your recollections so I will give you a copy of your
deposition; ok with your exhibits
*Mr. Panish gives Ms. Hollander a huge binder of her deposition and exhibits*
Panish: How many exhibits are here *Shows here there were 20*
Q. How many more were shown to you
A. Approximately 20 more
Q. And that was to help you refresh your recollection, so that you can give your best testimony
here today
A. Yes
Q. Some emails reviewed were from Mr. Woolley
A. Yes
Q. Who were they addressed to
A. Some to me, some were addressed to Mr. Webking With me copied on them. Ermmm Some
may have been addressed to Ms. Medina one of the accountants on This Is It. Possibly emails
ermmm to Mr. Gongaware to my recollection
Q. Did you review emails to Dr. Murray from Mr. Woolley
A. No
Q. Lets talk about your responsibilities, would say part of your responsible was creating and
keeping track of financial reports
A. Yes
Q. And when did Concerts West come to AEG Live
A. It was part of the organizations brand name used when AEGLive started in 2000
Q. AEG Live was first called Anschutz Entertainment Group
A. AEG Concerts LLC
Q. AEG Concerts LLC changed in May of 2000 to AEG Live
A. I cant be sure it changed in 2000, 2000 or 2001, I dont know
Q. When you began there, what name was being used?
A. It was operating under Concerts West
Q. Was that Anschutz Entertainment Group
A. It was AEG Concerts LLC
Q. AEG Concerts LLC was doing business as Concerts West
A. Yes
Q. AEG Concerts LLC changed their name to AEG Live but still doing business as Concerts
West
A. Yes
Q. It still the same but different name
A. Yes
Q. Does Concerts West have its own division
A. Yes
Q About how many people work for that company (Concerts West)
A. erm ahh, oh Maybe ten
Q. And the co CEOs are, John Meglen and Paul Gongaware
A. Yes
Q. And they report to Randy Phillips CEO/President of AEG Live
A. To my understanding, yes
Q. Was Mr. Gongaware and Mr. Meglen co CEOs before Mr. Phillips came
A. Yes
Q. When did Mr. Phillips come to company?
A. I dont know
Q. More than 5 years
A. Absolutely
Q. Was it 10 years
A. I dont know
Q. Was it shortly after you started with the company?
A. I cant be sure
Q. Can you give an estimate?
A. If you want an estimate, probably in 2002
Q. Mr. Phillips definitely arrived after you were already employed with AEG
A. Yes thats right
A. Yes
Q. Could you describe when and how a company sets that up
A. We have established a chart of accounting that can be based on the standard categories in any
business; lets say this accounting chart is used uniquely to your operation
Q. Do you give a number to each of your accounts?
A. Yes
Q. So lets say you have vendor who delivers paper clips
A. Yes there would be a number and account code that identifies that vendor
Q. So for that vendor you can see how much you paid and bought for that particular vendor
A. Thats right
Q. So you have a general amount and what you expect or allot to deal with this vendor
A. Yes each vendor is assigned a budget
Q. In 2009, This Is It was one of those projects, you were responsible for that account
A. Yes
Q. I believe you estimated that you were involved in 20 types of concert shows since working at
AEG
A. Yes that was my estimate, 20 tours not shows, theres a big difference
Q. So Michael Jacksons This Is It was that a tour
A. Yes that was classified as a tour
Q. Even though This Is It, was not on a route, would be at the O2 only, this was classified as a
tour
A. Yes
Q. So Celine Dion in Vegas only is a what
A. That is classified as a residency
Q. Whats the difference between, This Is It only be at the O2 being called a tour and Celine
Dion only being in Vegas being called a residency
A. I cant really tell you why somebody decided to call it 2 different things
Q. And it was Mr Webking the CEO who informed you, you would be working on This Is It
A. Sorry he is CFO
Q, Who is the CEO of AEG
A. Currently the CEO of AEG is Dan Bekerman
Q Was he the Tim Leiweke CEO in 2009
A. Yes
Q.. Tim Leiweke was let go from the company do you know why
A. Hes no longer with the company, I dont know under which circumstances he was let go
Q. So the answer is you dont know
A. Yes, I dont know
Q. Have you ever met Mr Phillip Anschutz
A. Yes, I have met Mr Anschutz
Q. Would you agree that advances for This Is It required many financial documents that needed
to be prepared?
A. Yes
Q. And they were accurately and truthfully prepared
A. Yes
Q. This would include a budget
A. Yes
Q. Reports on cash flow
A. Yes
Q. Contracts with vendors
A. Yes
Q. Contract with independent contractors
A. Yes
Q. Contracts with employees
A. I dont get involved with any employee contracts, they would never cross my desk ever
Q. Did you prepare the budget for This Is It?
A. No not my responsibility
Q. Did Mr. Woolley prepare the budget for This Is It?
A. Yes the budget for This Is It was Mr. Woolleys responsible
Q. Did you ask Mr. Woolley to prepare the budget?
A. No
Q. So you never sent an email to Mr. Woolley saying Mr. Anschutz wanted to see budget
A. Well I may have sent that email, but preparing the budget wasnt my responsibility
Q. Were you involved with the budget for This Is It?
A. I was provided with the budget
Q. You made sure it was accurate didnt you
A. I was not responsible for preparing it, I was responsible for what was spent
Q. First of all, a budget is what you anticipated would be spent on This It IS
A. Yes
Q. And you keep track of what has to be spent
A. Yes
Q. And for This Is It, you were responsible for that project, the financial aspect, what money had
to be paid out
A. Yes
Q. Money due and anticipated to be owed and had to paid out, you took care of that
A. Yes
Q. So you get the budget, then you would check to make sure, whatever was reported to be spent,
was spent
A. Yes
Q. And you would check what anticipated to be spent was
A. Well anticipated is broad, it would have been to assure contracts have been fully executed,
Im not verifying the anticipation of the execution
Q. Well your role was to focus on maintaining financial records, overseeing disbursements and
reporting to the executive management of the This Is It tour
A. Yes, yes, yes
Q. And that payment Paul Gongaware would meet and organize with the executive team
A. Yes
Q. Now the executive management that you had primarily reported to was Mr. Gongaware
A. Well actually it was Mr. Meglen
Q. Could you please look at your deposition?
A. Ok
Q. Does that refresh your recollection with whom you reported to in executive management?
A. Errmmmm-
Q. Yes or No?
A. Yes it says primarily I reported to Paul Gongaware.. But
Q. Does that refresh your recollection of who you primary reported to, Paul Gongaware
Objection: Judge: Over ruled, finish the question
Q. There was someone who had to approve the budget for This Is It
A. Yes
Q. That was Paul Gongaware
A. Of the budget, Yes
Q We are just talking about the budget correct
A. yessssss
Q. Does that refresh you recollection that you were primary reporting to Paul Gongaware
A. Yes, sir
Q. Now you also reviewed the budget
A. Yes
Q. And Mr. Woolley created it and Mr. Gongaware approved it
A. Yes
Q. When you were in preparing for your testimony, you received and evidence record
A. I received a summary report, not a detailed report
Q. Did you review all the summary reports to refresh your memory before you testified here
today
A. I dont recall how many provisions were issued back in 2009, I reviewed two or three
yesterday
Q. Did you bring a lawyer with you to review documents in preparation for this case
A. No
Q. So you only reviewed what AEG lawyers chose to show you
A. Yes
Q. Are these budgets, compilations of all the costs AEG were expecting to incur for This Is It
A. They were the costs that were expected to be incurred as long as, you knowthose costs and
services were in line with what they were contracted for
Mr. Panish asks Ms. Hollander to turn to a page in here deposition so that she could have a
recollection of the compiled budget
AEG Objects, says its been a lengthy time since she gave her deposition;
Side bar
A. Yes
Q. Cost that would have incurred by AEG would have had to be paid, right
A. According to our company policy payment would have been made by execution of contract
Q. Do you have a document that say that
A. Yes we do, we have a comply users manual
Q. Mr. Gongaware could change that if he wanted on a case by case basis or otherwise
A. Yes
Q, He could ask for any of it to be changed, and you would change that, correct
A. Doesnt mean we would change that
Q. People would work and he (Paul Gongaware) would pay them later
A. We had situations where contracts were signed later so pay was late. Due to the abrupt end of
tour, deals were renegotiated
Q. Is it true, people performed services and then after Mr. Jackson died they were paid
A. Yes because the contracts required amendment due to early termination of the tour
Q. Maam isnt true some people worked, then signed contract later, they got paid
A. This is correct
Q. Do you know Travis Payne?
A. I know him as part of cast and crew
Q. Did you know he had a contract with AEG?
A. Yes
A. Did you know he worked without a contract?
A. I dont know who worked without one. As far as payment would have happened would have
been after serviced were rendered
Q. If a person performed their duties they were paid afterwards without a contract
A. Its not my place to know that
Panish: takes deposition to witness, ask read line 3 through 14
Q. In your deposition it reads, IF AN INDEPENDENT CONTRACTOR PERFORMS
HIS/HER SERVICES ON THE THIS IS IT TOUR, WOULD YOU EXPECT AEG TO PAY
THAT CONTRACTOR
A. TYPICALLY YES. WE WOULD PAY
Q. Dr Murray was a Doctor performing his services to Mr Jackson..
Objection: by Stebbin, lacks foundation, Over rulled
Q. There is no reason whey they wouldnt pay his or her obligations. Dr. Murray was the Doctor
performing his services for Mr. Jackson
*Objection lacks foundation, overruled*
A. My understanding was that Dr. Murray was part of the budget, his services was listed on the
budget for the tour on request of the artist
Mr. Panish can you read Ms. Hollanders answer and my question back
Clerk reads back the question to Ms Hollander..
Q. Answer the question please?
Objection by Stebbins, Overruled
A. Yes I have a problem with promising Services I dont know what services were actually
performed
Q. You saw Dr. Murrays contract
A. I saw a draft at some time, I know I testified
Mr. Panish: Maam you testified under oath in your deposition that you reviewed the
contract signed by Dr. Murray, lets take a look at that
Q. Page 176, this is the contract between AEG Live and Dr. Murray
A. Yes
Q. Now here on the last page of the contract itself, page 6 this is the contract that you review
and was signed by Dr. Murray
A. Yes
Q. If we go to the effective date its May 1
st
2009
A. Yes
Q. While the contract was agreed upon and finalized in June of 2009, the retroactive start date for
payment and acknowledgement of when Dr. Murray began work was on May 1
st
2009. Is that
correct
A. Yes thats correct
Q. Did you understand that Dr. Murray was providing services that day May 1
st
2009 until the
day Mr. Jackson died; isnt that true
AEG Objection, Overruled
A. My understanding is limited to what you are showing me on this page
Q. So you dont have any understanding of whether Dr. Murray preformed any services
A. I was in the accounting department, I cant say for sure, not me personally
Q. Did someone from AEG tell you that Dr. Murray was performing services for Mr. Jackson at
his CarolWood Home?
A. No not in those specific terms that Dr Murray performed services to Mr Jackson at his
residence in Carolwood
Q. Who told you Conrad Murray was to provided services for Mr. Jackson
A. Tim Woolley advised me that Dr. Murray was being engaged at the request of the artist
Q. And Dr. Murray was retained AEG
A. The contract is with AEG, yes
Q. AEG are the producers of This Is It
A. Yes
Q. And AEG agreed to retain the services of Dr. Murray
AEG Objection by Stebbins, Overruled
Q. Is it true that this contract of Dr. Murrays, you reviewed at the artists request its states,
producers retained Dr. Murrays services, yet Dr. Murray will act in line with the instructions the
producers set forth and the producers a can terminate his contract if he doesnt. What date does
the contract take effect
A. The contract says that it takes effect May 1
st
Q. You say draft when talking about the Murray contract, did you see the being done in the draft
process
A. Im using draft because the contract is not executed, meaning all parties didnt sign it
Q. If Mr. Jackson didnt die and he signed the contract and AEG signed the contract, Dr. Murray
had already signed the contract. AEG would owe Dr. Murray money right
AEG Objection by Stebbins: Overruled by Judge.
Q. If all parties singed the contract, it would have been a fully executed contract and I would
have to have, if those cost were approved. Theres no reason why wouldnt have paid Dr. Murray
Q. If Mr. Jackson wouldnt have died, you would have had to pay the doctor
A. If all the terms of the contract was adhered to and remained consistent then, yes
Q. Have you seen any other drafts of this contract?
A. No
Q. Now, the only reason why you say this is draft contract for Dr. Murray is because no one on
behalf of AEG had signed it
A. I say that because Mr. Jackson didnt sign it.
Q. Mr. Jackson was dead and could not sign
A. Yes
Q. Do you have any evidence that Dr. Murray didnt work for Mr. Jackson after being retained
by AEG.
Objection By Stebbins: states Dr. Murray was hired by AEG, Overruled
A. I have no evidence to the contrary
Q. In the budget you included $300,000 to pay Dr. Murray
A. I did not
Q. Im sorry Mr. Woolley created the budget, per AEGs agreement with Dr. Murary for the
current budget at the time for $300,000 because the doctor would be paid $150,000 a month.
This was for two months pay and the contract was finalized in June.
A. There was $300,000 allotted for Dr. Murray
Q. And that was approved by Mr. Gongaware
A. Yes, that eventually would have been approved by Mr. Gongaware
Q. And the finances for London, there was more than a million dollars put in then tour budget for
Dr. Murray
A. I dont recall one million
Q. So thats more than millions a million dollars, youre an accountant can you please help me
out. How many months is that from July 2009 to March 2010
A. Its 9 months
Q. And whats 9 times $150,000 and that would amount to over a million dollars budgeted in for
Dr. Murray
A. Yes
Q. So that we are clear, this budget was created by Mr. Woolley and approved by Mr.
Gongaware. This budget was to go through to March 2010 for Dr. Murrays compensation
portion only
A. Yes
Mr. Panish: Ok lets take a look at exhibit No. 179-2 This is the budget
AEG Objection, judge says to show the budget to Ms. Hollander and Mr. Panish shows it to
her. Ms. Stebbins approaches Mr. Panish while he is with the witness. (Side note from
TeamMichaelJackson: OMG STEBBINS LOOKS VERY NERVOUS, OUT OF CONTROL!
She walked up to the witness and Panish, she is NOT permitted to do so without first asking
the Judges permission)
Back and forth exchange ensues between Ms. Stebbins, judge Palazuelos and Mr. Panish:
All overruled!
Mr. Panish: Let me show you this, 641-13... Heres a memo dated May 20
th
2009 did you
write this memo
A. Yes
Q. It was created May 11
th
2009 yet its dated may 20
th
A. Ermmm.
Q. Do you remember you testified in your deposition that you this on created May 11
th?
Q. Are you in charge of people being paid exactly like Mr. Woolley?
A. Yes
Q. Who prepared the checks for payment, was it you
A. Yes
Q. Who gave instructions for these payments and how they should be paid
A. Mr. Woolley
Q. So Mr. Woolley gave instructions of those that had to be paid
A. Not everyone
Q. And this money comes from AEG Live, correct
A. Yes
Q. So do you know those that would be paid that were not employed by the company?
A. We have managers to process payment, ermmmm like crew related payment, which was
agreed upon at the beginning of tour
Q. So youre saying they are paid out monies of whatever amount at managers authority
A. No Mr. Woolley had to authorize and submit to payroll service
Q. So Mr. Woolley can say pay a million dollars to so and so
A. No he created and simultaneously submitted payroll report for approval and I get copy
Q. So all payment reports go to you
A. I was copied on them
Q. All payment budgets had to be reviewed by Mr. Woolley
A. They were submitted by Mr. Woolley based on projections and needs of the tour
Q. You didnt have authority to make payments based on services?
A. As Vice President, I have certain authority
Q. Can you approve payment to any party on the tour?
A. No
Q. Mr. Woolley had authority to pay
A. Those needed to be paid was added to the budget
Q. Whose payments couldnt be approved by Mr. Woolley?
A. Mr. Woolley submitted approved budget for payment to payroll. Mr. Woolley had authority to
pay (by submitting to payroll) who was established in the approved budget
Q. Was there anyone Mr. Woolley didnt have authority to pay?
A. Now he submitted everything
Q. So it a yes
A. Yes
Mr. Panish: There was a payment matrix (pay structure) that Michael Jackson had, for the
tour. There is an Id on the statement that is specific to Mr. Jacksons pay matrix.
I am going to present you with this exhibit. Its an approval matrix for all payment
disbursements provided to MJ.
Q. Who is MJ?
A. That would be Michael Jackson
Q. So youre familiar with this document
A. Yes
Q. And you reviewed this document before your testimony here
A. Yes
Judge Palazuelos questions the exhibit numbers.
Ms. Stebbins: Witness didnt know if this was an exhibit or not, two docs were stapled
together.
Judge: You can ask the witness.
Mr. Panish: Im go to read the deposition, page 55 line 3 through 6. MJ approval matrix
Q. Pasted here it reads, last approval MJ matrix
A. YES
Q. So these two pages, the last two pages is the MJ approval matrix
A. Yes
Q. OK, now your deposition *we can put that up* is this your deposition
A. Yes
Q. This is what you just testified under oath
A. Yes
Mr. Panish: Ok so, can we focus on the approval level
Q. Payment and amount of payments, approval was required
A. Yes
Mr. Panish: No questions to this exhibit, right.
A. Yes.
Q. This is a document you wrote
A. Im not going to argue with you.
Mr. Panish: You can argue. Judge: Mr. Panish no more comments.
Mr. Panish: No comment
Q. Ok here we see $25,000 Siegel; that means Mr. Siegel can approve up to $25,000 on his
own
A. Yes
Q. Mr. Woolley can approve up to $50,000
A. Yes
Q. Mr. Phillips up to $250,000
A. Yes
Q. Now lets go down to this line, $500,000 is that Mr. Gongaware
A. Yes
Q. Then we go to the $2.5 million dollar approval mark, signatures required are Paul Gongaware,
John Meglen, Rick Webking, Tim Leiweke and Dan Beckerman
A. Yes
Q. Above $2.5 million all the aforementioned people plus TNC Denver, and these initials stand
for The Nature Conservancy
A. Yes
Q. Whats that,
A the parent company of AEG Live
Q. Thats Mr. Anschutz company
A. Yes
Q. Now, Mr. Leiwekethats
A. Yes thats Tim Leiweke
Q. And whos that
A. I dont know his exact title, hes a senior reporting to Mr. Anschutz
Q. Do you update Mr. Anschutz on whats going on?
A. Mr. Anschutz is the highest up, he know whats going on. Its not my duty to update Mr.
Anschutz
Q. We were talking about Mr. Anschutz being updated, here is email dated May 18
th
2009 to you
from Mr. Gongaware right
A. Yes thats right
Q. And CC on it was Mr. Woolley, John Meglen and Jennifer
A. Yes thats right and Jennifer was CC because she reports to me
Panish reads email, Dear Tim we are in the process of pulling together your update on
the forecast assumption is needed by tomorrow at the latest. Wants to know if we
arein. Respect of of the profit split between USA and UK
Q. Did you write that
A. Yes
Q. Request for an urgent forecast made for Mr Ansthutz
A. Thats what it says
Q. Do you generally get urgent emails like this
Q. And it was your understanding that someone in the legal department would be the one
determining what would be the provisions in the Murray contract
A. Yes
Q. How many lawyers worked in the legal department at that time
A. Ahhh, to my recollection it was about 3 lawyers full time
Q. One of the person in charge of that
A. Yes, Mr. Shawn Trell
Q. Is he here today in court
A. Yes he is here today
Q. In 2009, Mr. Trell was general council vice price of AEG Live
A. Yes
Q. Do you know if AEG Live ever performed a background check on Dr. Murray?
A. Im not aware of anything in that regard
Q. For the This Is It tour, AEG Live included compensation in its budget for Dr. Murray
A. Thats correct
Q. But you dont know who negotiated the compensation for Dr. Murrays contract is that correct
A. Yes thats correct
Q. And Dr. Murray was the only physician Mr. Gongaware for AEG Live had budgeted in for
this This Is It tours
A. Thats correct
Mr. Panish: I want to show you another exhibit and if you want to take a look please at
your deposition thats fine
A. Im sorry
Q. Thats ok, this is the recording of your depostion
A, it says on this line, im confused
Q. Let me show you
A. Sure
Q. Ok now, this is an email again from Mr. Woolley, you dont know who Mr. Woolley worked
for
A. No that wasnt the intent, I didnt know who or what legal entity he may have had a contract
with
Q. And you review all the paper work every month,
A. every other week (laughter)
Q. Was Mr. Woolleys name on the list for compensation, for people that were to be paid?
A. Yes
Q. Who paid Mr. Woolley?
A. AEG Live
Q. And this email is to Mr. Phillips and Mr. Webking, the controller and youre the controller and
Mr. Gongaware of Concerts West
A. Yes
Q. This says that theres an attachment
A. Yes
Q. And this was sent by Mr. Woolley and what did he attach
A. Well it says, AEG O2 doc, thats the description of the transaction. Which would be
compensation for the doctor in London. Its an explanation of difference between compensation
in the US and the UK
Q. And the purpose of this email was to keep you in the loop that it would Dr. Murray and not
Dr. Finkelstein
A. Yes
Q. So you were involved in the process, thats you were on the email
A. Yes
Q. And on this page at the top, its talk about the expenses for the tour, rehearsals and various
expense associate
A. Yes
Q. This is where you discuss, not you, Mr. Woolley discussed the change to the budget
A. Yes
Q. And this was provided to you
A. Yes
Q. And in the email where Mr. Woolley discussed the changes, did he also talk about the reasons
why
A. Yes
Q. And the first budget this was dated May 19
th
and was subject 16 of the email
A. Yes thats right
Q. So Mr. Woolley prepared subject 16 and sent 19
th
AEG Objection
A. Based on the description I would concur yes
Mr. Panish: Let me ask the question again did you speak to Mr. Woolley, about the
150,000 compensation for Dr. Murray being added to the budget
A. I spoke to Mr. Woolley about the inclusions and my conversation with Mr. Trell we discussed
Dr. Murray and it was..
* courts waits again*
A. Yes if you want to put it that way he (Trell) was anticipated being a part of this project
Mr. Panish wants to play more Of Ms. Hollanders deposition from December 8
th
2011.
Ms. Stebbins looking and waiting
Mr. Panish we are waiting for you to play it.
Judge was it 84 line 17, we are referring to. Now some discussions with the judge
Q. So you talked to Mr. Woolley and Mr. Trell about inclusion of Dr. Murray in the budget
*Object, overruled*
A. I talked to Mr. Woolley about the inclusion of Dr. Murray in the budget and would have talked
to Mr. Trell about details of that
Q. Did you discuss with Mr Woolley and Mr Trell about the inclusion of Dr. Murray in the
budget or the details of it, yes or no?
A. In my answer I said I discussed with Mr. Woolley the inclusion, I dont agree with the
semantics
Judge Palazuelos: You are saying yes or no
A. Im not trying to evade anything
Judge Palazuelos: Play it (referring to Hollander deposition)
Q. Do you recall as you sit her now, ever telling anyone about AEG Lives decision to include
compensation for Dr. Murray into the tour budget
A. Yes
Q. And who did you talk to about that decision
A. Tim Woolley
Q. Anyone else?
A. Probably Shawn Trell.. You know im a person who has not been through this sort of thing
before, I never said I didnt speak to Mr Trell, it was an honest answer then, its a honest answer
now!
Mr. Panish plays video recording of Ms. Hollander deposition, in the recorded depostion
when Mrs Hollander is asked Did you discuss with anyone about including Dr Murray on
the budget for This Is It tour? SHE REPLIED Yes Mr Woolley and Mr Trell
Then Mr Panish shows Ms Hollander transcripts of her video deposition.
A. This is hard to read
Q. OK im going to blow it up for you, you have seen this before
A. Yes
Q. You reviewed this all in preparation for your testimony
A. Yes
Q. Lets go to where it says by the way is there a day on this, 16 of May 2009
A. I can see that
Q. Alright are you with me now
A. Yes
Q. So in a broader stoke this is a financial projection from May 16
th
2009
A. Yes
Q. Expenses, medical management, medical all included
A. Yes
Q. $300,000 is in one column, $450,000 in the next. And finally $750,000
A. Yes
Q. And this is for Dr. Murray yes
A. In my deposition we established it was for Dr. Murray
Q. Is that a yes?
A. Yes
Q. Pre tour $300,000 and another $450,000 and this was as of May 16
th
2009. This what Mr.
Woolley sent to you and you passed it on to Mr. Webking who as you understand passed the
approved inclusion into the tour budget on to Mr. Anschutz; right.
A. Ummm yes
Q. If you add them all up $300,000 $450,000 $750,000 this comes to $1.5 million included in the
budget for Dr. Murray is that right
A. I can only speak for whats on this paper, this is the only budget that I have seen
Q. Is this the budget that you reviewed and sent to Mr. Webking and then sent to Mr. Anschutz
A. This version does not say that
Q. Ok who was it to be paid to?
A. I doesnt say $1.5 million
Q. Ok, this clearly reads for medical management and there is the numbers here
A. Yes
Q. Remember we are talking about number
A. Yes Ok
Q. What number is this?
A. 430?
Q. Whose number is that?
A. That is Mr. Woolleys numbering system
Q. Mr. Woolley created that code as identifier for medical management daily care
A. Yes
Q. And that medical management daily care was referring to Dr. Murray
A. Yes
Q. The first $300,000 was referring to Dr. Murrays first two month pay, right
A. Yes
Q Then we also talked about about $450,000 for Dr Murray
A. This only refers to $300,000
Q. As of,, we have largely budgetd for Dr Murray
A. Yes
Q. That was added after February 7th 2009
A. Yes
Q. That was the first budget update sent to Mr Anshutz.
A. Which one
Q. This one
A. Yes
Q. This budget here that we looked at from May 16th, its the first revised budget that was sent to
Phillip Anschutz regarding the This Is It tour
A. I cant say for certain that this was the first one. It was part of that report created by Mr.
Woolley
Q. Can you tell me if you have any recollection prior to this revised budget prepared by Mr.
Woolley was sent by you sent to Mr. Webking or Mr. Anschutz
A. No I have no recollection of any one prior to that
Mr. Panish: Id like to show exhibit 179-3, can you take a take a look at this please
AEG Objection overruled
Q. Have you seen this document before, it says code 430 medical management
A. Yes
Q. It says medical management, see that
A. Yes
Q. Is it hard for you to see
A. I can see it
Q. 430, thats the name of the code giving to Dr. Murrays services. Is this your recollection
during this process, the 430 code was for medical management daily care
A. Yes looks like same the format,
Q. Do you have any reason, to believe its not an AEG Live coding, used for This Is It tour
budget?
A. No
AEG Objection,
Panish: she never answered the question.
Judge: have you seen this document before.
Ms. Hollander: I got updates all the time.
Judge: Did you see this type of thing.
Ms. Hollander: Yes.
Judge: Do you have any reason to belive it is not the document as statee
Ms Hollander: No, buts it a random document, it could have been prepared then sent to
someone else and not distributed to me
Q. Do you have any reason to believe he (Mr. Woolley) didnt send this to you
A. Um.. its very possible, he could have
A. Not sure
Q. Did he ever do that?
A. I cant say one way or the other
Q. Did you have any reason to believe you didnt get them all?
A. I cant say I didnt get it and I cant prove that I got them all
SIDE BAR
Judge: Alright off the record, show her the first part
Stebbins: Objection
Q. Okay, see this
A. Yes
Q. Do you have any reason to believe you did not get this
A. I have no way of knowing what was forwarded to me
Q. But it would be normal practice that these budget updates would be only sent to you, correct
A. They could have been sent to me, or not to me
Q This is a budget report
A. Yes, but Mr Woolley does not report to me
Q. Lets go to page 3 of you depostion
A. Okay
Q. Does that look like the type of budget Mr Woolley would prepare and send to you
A. Yes
Q. Any reason to belived that something sent to you was not recieed
A. I cant say I received every single report
JUDGE LET JURY GO HOME, WE CAN DISCUSS, 9.30 AM TOMORROW