F. Gluchowski Part 2

131
Gluchowski - Cross - Lowell
1 (Court reconvened at 1:00 PM.)
2 (Jury present.)
3 THE COURT: Mr. Lowell, please.
4 MR. LOWELL: Thank you, your Honor, and thank you,
5 Mr. Gluchowski and ladies and gentlemen.
6 BY MR. LOWELL:
7 Q Before the break, I asked you a question about a
8 company called Asentinal and Dave Purdue and you answered a
9 bunch of questions. In your examination you were asked
10 questions concerning what you had previously said in the
11 grand jury. Do you remember those kinds of questions?
12 A Yes.
13 Q You said you were in the grand jury twice, right?
14 A Yes.
15 Q And you had four or five other meetings with
16 prosecutors and the FBI?
17 A Yes, that's --
18 Q When was the first time you recall being asked any
19 question about a company called Asentinal or Dave Purdue?
20 MS. COOMBE: Objection, relevance.
21 THE COURT: What is the relevance of the question?
22 MR. LOWELL: The inference that the reading of
23 prior questions reflected something other than what it
24 reflects.
25 THE COURT: Sustained.
THERESA J. CASAL, RPR, CRR

UNITED STATES DISTRICT COURT - NDNY
132
1 BY MR. LOWELL:
2 Q Whenever you reviewed the agreements that you've
3 gone through, the CTA, CT&A, Motient, TerreStar, BB Gardner
4 and one with Asentinal that didn't come about, did you ever
5 conclude that any new formal opinion from the ethics
6 opinion -- Ethics Committee was required?
7 A No, I did not.
8 Q And did you discuss that with somebody that you
9 worked with?
10 A I may have discussed it with Ken Riddett, but I
11 don't recall specifically that I did on any one of those
12 individual ones.
13 Q Indeed, you yourself, did you come to a conclusion
14 about whether any one was needed?
15 A Yes. In my estimation, it wasn't needed because I
16 didn't think that the facts as they were presented to me
17 posed a substantial conflict of interest. I was more
18 concerned about the amount of money involved.
19 Q And did that have any bearing on whether he should
20 or should not do it if there was no substantial conflict?
21 A No. That was more of a public relations issue in
22 my opinion.
23 Q Finally, let me turn to the issue of the last one
24 asked by Ms. Coombe this morning about the financial
25 disclosure process. The process was, as I understood it

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1 from Mr. Bruno, that you would meet with somebody every year
2 that you started the process of becoming involved?
3 A Yes.
4 Q And that was who?
5 A Pat Stackrow.
6 Q And in addition to Ms. Stackrow, you would talk
7 with Mr. Riddett?
8 A Correct.
9 Q And it wouldn't be just that you would talk; you
10 guys would go over the forms?
11 A We would sit down communally at a desk and
12 actually look at the form as it was drafted for this year
13 and look at the prior year's form and Pat often had some
14 notes that accompanied her, which indicated what specific
15 transactions she was aware of from the prior year.
16 Q And was it your understanding that Miss Stackrow
17 kept all that financial information for Mr. Bruno?
18 A Oh, yes, that's the only place that I would think
19 to get it.
20 Q And if you had questions, you knew to get it from
21 her?
22 A Right.
23 Q At any time, did Mr. Bruno say to you don't ask
24 Pat Stackrow any questions?
25 A No, he never did.

134
1 Q Did he ever seek that you ever get the underlying
2 financial information?
3 A No.
4 Q And you knew that's where you could get it?
5 A Oh, yes.
6 Q In addition to having that kind of meeting with
7 Mr. Riddett and Miss Stackrow, did you provide any other
8 advice as part of your job either at the Ethics Committee or
9 at the Majority Conference?
10 A Yes, absolutely, to many members.
11 Q And when you became Counsel in the Majority
12 Conference, did you attend Majority Conference meetings?
13 A Yes, I did.
14 Q And was the subject of the financial disclosure
15 forms raised during such meetings?
16 A Yeah. Well, right before every May 15th, it was
17 on the conference agenda to remind members to file their
18 forms by the due date.
19 Q And were you at those meetings to make that
20 reminder?
21 A Yes.
22 Q And during those conferences, especially in the
23 earlier years, did you provide any kinds of advice for
24 questions that were asked?
25 MS. COOMBE: Objection.

135
1 THE COURT: I'll allow that question. Go ahead.
2 A Can you repeat the question, please?
3 Q Sure. At any of those conference meetings or
4 other such meetings, did you provide advice to the members
5 or their staff -- I added staff -- no, to the members as to
6 what the forms did or did not require in your view?
7 A Not at conferences. I've had many meetings and
8 conversations with members over the telephone or in their
9 office or in my office about ethics questions, but I don't
10 recall ever discussing questions right at conference.
11 Q But you do recall having those meetings or
12 conversations on the occasions you just said?
13 A Absolutely.
14 Q And Mr. Bruno was the Majority Leader?
15 A Yes, he was.
16 Q And that made him the head of the Majority
17 Conference?
18 A Correct.
19 Q Did he understand you were providing those
20 services as him giving you directions?
21 A Oh, yes.
22 Q And was he ever there for such a meeting?
23 MS. COOMBE: Objection, I'm confused.
24 THE COURT: Well, your objection is a question too
25 late. The question was was he ever there for one of those

136
1 meetings and that's a legitimate question. Go ahead.
2 A Yes.
3 Q And did you provide the same kinds of advice to
4 members as you did to Mr. Bruno if the question came up the
5 same way?
6 A Absolutely, I provided --
8 THE COURT: Overruled.
9 A I provided advice -- you know, I always tried to
10 provide very consistent advice, not only to the members of
11 my own conference, but on occasion members of other
12 conferences would ask me because I had a reputation for
13 being a source of institutional knowledge for the committee
14 since I had worked there from 1989 until 1996,
15 December 31st.
16 Q And in the beginning, 1989, was that when the
17 requirements for financial disclosure forms came about?
18 A Yes.
19 Q And did you have conversations -- when you say
20 other conferences, that would be the Minority Conference?
21 A Well, the Minority and both conferences in the
22 Assembly as well.
23 Q So you would collaborate with people like you in
24 the Minority of the Senate, the Majority of The Assembly and
25 the Minority of The Assembly?

137
1 A That's correct.
2 Q And did you all share whatever it is you knew to
3 have as the advice you were giving members, did you try to
4 give the same advice?
6 THE COURT: Sustained. Repetitive. Move on.
7 BY MR. LOWELL:
8 Q In your experience giving such advice, did member
9 or staff just ask the same kinds of questions about the same
10 kinds of items on the disclosure form?
12 THE COURT: That question violates what I just
13 told you to do. Sustained.
14 BY MR. LOWELL:
15 Q Could you please look at C-39, which has been
16 admitted into evidence.
17 MR. LOWELL: And if you would enlarge it, please,
18 Jon. Thank you.
19 BY MR. LOWELL:
20 Q This is a note from Pat Stackrow to JLB on the
21 12th of the year, 5/12/00, right, do you see that?
22 A Yes.
23 Q What was the date that financial disclosure forms
24 were due?
25 A May 15th, unless that day fell on a weekend or

138
1 holiday date, in which case it was one day later.
2 Q And does this note reflect the process in which
3 you were part of the review?
4 A Yes.
5 Q And if you'll turn to C-40-A, please.
6 MR. LOWELL: And if you would enlarge that, too,
7 please, Jon.
8 Q And you see this is the next year, 5/14/01, see
9 that?
10 A Yes.
11 Q And this would be the day before they were due?
12 A Yes.
13 Q Again, it reflects your involvement as you
14 described it with Mr. Riddett in the review process?
15 A Correct.
16 Q And down the page it says questions for 2002. Do
17 you see that?
18 A Yes.
19 Q Did that reflect the process where Miss Stackrow
20 would raise questions to you and Mr. Riddett if there were
21 such to be raised?
22 A Yes.
23 Q And would you then consider the question and
24 answer it to the best of your ability?
25 A Yes.

139
1 Q And if you would turn to -- I'm sorry, I say turn,
2 I apologize. Would you look at the screen for C-41-B. And
3 if you'll go -- this is the first page, you'll see on the
4 top right it says, "worksheet for 2002"?
5 A Yes.
6 Q See it says, "Reviewed with Ken and Frank"?
7 A Yes, that's what it looks like.
8 Q And there's a date?
9 A 5/9/03.
10 Q So that would reflect at least when you went over
11 this one in your view, 5/9/03?
12 A Yeah, that would be the date. I have no reason to
13 doubt that that's the date we actually looked at it if
14 there's a notation.
15 Q Now, if you'll turn to three pages from the back
16 of this, and I don't know how to identify it easily. It's
17 attachment B for question 13. There you go. And if you'll
18 look at the handwriting.
19 A Yes.
20 Q Do you see it says, "Sale of Tamarack Apartments,
21 no." No need to show?
22 A Right.
23 Q See that?
24 A Yes.
25 Q "Per Ken and Frank"?

140
1 A Right.
2 Q So this would be an example of Miss Stackrow
3 raising questions and you and Ken would answer them?
4 A Yes.
5 Q But if you turn, please, back to C-39, that note,
6 first page, on the bottom where it says "changes from last
7 year." It says, "added Tamarack Apartments"?
8 A Um-hum.
9 Q I'm sorry?
10 A I do, I see that.
11 Q Were there occasions when Mr. Bruno was advised
12 that he did not have to include something and then decided
13 to include something anyway?
14 A Yes, there were several occasions like that.
15 Q And was Tamarack an example?
16 A Yes.
17 Q And if you'll go to GU-102 -- do you have GU-102,
18 Jon? -- this was something you talked about, I think, before
19 the lunch break.
20 A I did.
21 Q This was the memo concerning your looking into the
22 issue of the horse venture. Do you see that?
23 A Yes.
24 Q Just wanted to point out the second paragraph.
25 You see where it says, "We have talked endlessly regarding

141
1 the question of whether or not to list the, quote,
2 partnership involving the horses." See that?
3 A Yes.
4 Q Miss Stackrow is saying "endlessly"?
5 A Yes.
6 Q I take it that's not just one conversation.
7 A Endlessly is a bit of hyperbole, but we discussed
8 it probably several meetings for some length of time, I
9 would say maybe a half-hour total, 45 minutes.
10 Q Okay. And that was after you did the research you
11 described before the lunch break?
12 A Yes.
13 Q And at these meetings with Miss Stackrow and
14 Mr. Riddett and yourself, Mr. Bruno didn't attend those, did
15 he?
16 A No, he didn't.
17 Q Ever?
18 A No.
19 Q He relied on you all?
20 A Yes.
21 Q If you go to Defense C-10-B, and if you'll look at
22 this, can you identify this document?
23 MR. LOWELL: Is this one in evidence? I think it
24 is.
25 MS. COOMBE: No.

142
1 MR. LOWELL: I am sorry, would you take it off the
2 screen.
3 THE CLERK: 41-B wasn't either.
4 THE COURT: The one we just looked at?
5 THE CLERK: Yes, 41-B.
6 MR. LOWELL: Your Honor, if it's not, we would
7 like to move it into evidence now.
8 MS. COOMBE: No objection, your Honor.
9 THE COURT: All right. Just bear with me for one
10 second, if you would. That's exhibit what?
11 MR. LOWELL: Defendant's C, as in Charlie, 10-B,
12 as in bravo.
13 THE COURT: Now would you take a look at 41-B?
14 MR. LOWELL: I don't have it in front of me,
15 Judge.
16 THE COURT: What did we use, what was on the
17 screen, John?
18 THE CLERK: Yes.
19 THE COURT: 41-B was just on the screen. Are you
20 offering it?
21 MR. LOWELL: Yes, your Honor, we would like to
22 offer Exhibit 41-B, please, and turn the clock back three
23 minutes.
24 MS. COOMBE: Is that the "gray, murky" memo?
25 MR. LOWELL: I think it is.

143
1 MS. COOMBE: It's also in as a Government Exhibit.
2 MR. LOWELL: That's where I was mistaken.
3 MS. COOMBE: Confusing, your Honor.
4 THE COURT: That's why we're not showing it. At
5 some point, let's not have -- I'm fine with the nature of
6 the examination, but at some point before this case is
7 submitted to the jury, let's go over the exhibits. I'm not
8 gonna do it, I expect the parties to do it, so we don't end
9 up with the same exhibit offered under two different
10 numbers. Let's just have one set of exhibits. Go ahead.
11 MR. LOWELL: Thank you, Judge, and I'm sorry,
12 forgot the cross-designation.
13 THE COURT: That's all right.
14 (Defendant Exhibits 41-B and C-10-B
15 received.)
16 MR. LOWELL: Would you now put on the screen
17 C-10-B, Jon?
18 BY MR. LOWELL:
19 Q Do you see this memo? Do you recognize it?
20 A Yes.
21 Q Can you identify it?
22 A Yes. This is a memo that I drafted and it was
23 typed in my office by some of my support staff.
24 Q And it reflected part of the process you described
25 of talking endlessly about this issue?

144
1 A Yes.
2 Q This reflects a meeting with Pat and Ken R.?
3 A Yes.
4 Q And we know that's Pat Stackrow and Ken Riddett,
5 right? And in question 4-A, it's going to horse partnership
6 or joint venture in 2004, correct?
7 A Yes.
8 Q And it describes the facts you were discussing?
9 A Yes.
10 Q And you already testified about expenses and
11 profits and it's put down in that fashion there, correct?
12 A Yes.
13 Q And it's one of the memos that reflects the
14 research that you were doing?
15 A Yes.
16 Q And the conclusion that you reached?
17 A Yes, it does.
18 Q And it says, in the paragraph that begins "Jerry
19 A" -- the last sentence, please, Jon -- the fact that
20 profits were not shared proportionately supports a
21 conclusion that this was a joint venture and not a
22 partnership?
23 A That was my conclusion.
24 Q Doing the best you could do?
25 A Yes.

145
1 Q With no prearrangement with Mr. Bruno as to how it
2 should come out?
3 A No. I mean I was concerned that the form would
4 need to be amended in 2004 if I determined there was a
5 partnership, but that didn't influence my decision. I just
6 looked at it on the merits and I thought that was the honest
7 answer.
8 Q And indeed, he had made amendments in the past if
9 there was an issue?
10 A Yes, he did. I know at least on one occasion this
11 form was amended.
12 Q Mr. Gluchowski, you have identified that you had
13 the role in writing the ethics opinion for McGinn, correct?
14 A Correct.
15 Q And you were involved, as you described, in the
16 Wright employment service issues, correct?
17 A Yes, I was.
18 Q And you wrote the memo on MicroKnowledge?
19 A Yes, I did.
20 Q And you were involved in the horse contracts,
21 including the ones today?
22 A Yes, I was.
23 Q You also reviewed the CT&A ones?
24 A Yes.
25 Q And also the BB Gardner one?

146
Gluchowski - Redirect - Coombe
1 A Yes.
2 Q And the Asentinal one?
3 A Yes.
4 Q At any time, did you ask Mr. Bruno not to disclose
5 something he should have, in your view?
6 A No, absolutely not.
7 Q And at any time, did he ask you not to disclose
8 something?
9 A No, he did not.
10 Q And did he ask your advice on each of those
11 occasions that we have identified?
12 A Yes.
13 Q And you gave him your best advice?
14 A Yes, I did.
15 MR. LOWELL: That's all I have, Mr. Gluchowski.
16 THE COURT: Miss Coombe.
17 MS. COOMBE: Thank you, your Honor.
18 REDIRECT-EXAMINATION
19 BY MS. COOMBE:
20 Q Good afternoon, Mr. Gluchowski.
21 A Good afternoon, Miss Coombe.
22 Q You testified on cross-examination that you talked
23 to Mr. Riddett about Senator Bruno's change in status at
24 Wright Investors' Services from being a referral agent to a
25 part-time employee around the time that that occurred?

147
1 A Yes, I did.
2 Q You mentioned that the change was related to an
3 SEC issue?
4 A Yes.
5 Q Did Mr. Riddett tell you that the issue had to do
6 with Senator Bruno's failure to obtain written, signed
7 acknowledgements regarding Senator Bruno's relationship with
8 Wright Investors' Services from union trustees?
9 A I don't recall any specific information about what
10 the problem was with the SEC. I don't remember hearing that
11 it involved disclosure or anything else. I just don't
12 remember it. If it happened, I don't remember it.
13 Q Did Mr. Riddett tell you that it had anything to
14 do with the fact that certain trustees object to signing
15 such a form because they believed it looked as though they
16 were improperly influenced in their decision to employ
17 Wright?
18 A No, I know I never heard that.
19 MS. COOMBE: May I approach, your Honor?
20 THE COURT: Yes.
21 BY MS. COOMBE:
22 Q Mr. Gluchowski, I am handing you Government
23 Exhibit GC-18.
24 A Thank you.
25 Q You're welcome. Did Mr. Riddett ever show you a

148
1 copy of that letter from Wright Investors' Services?
2 A No. I don't recall ever seeing this.
3 Q I'd like to direct your attention to the first
4 sentence. It states, "I am delighted that your client,
5 Joseph L. Bruno, has agreed to become a part-time employee
6 of Wright Investors' Services, Incorporated."
7 And if we could look at the last page of the
8 exhibit, please, it indicates -- actually where the
9 highlighting was -- that Mr. Bruno was going to be a client
10 service officer for Wright Investors' Services. What did
11 Mr. Riddett tell you about why Senator Bruno's annual
12 statement of financial disclosure did not disclose that
13 Senator Bruno was working for Wright Investors' Services?
14 MR. LOWELL: Objection to the form.
15 THE COURT: Overruled.
16 A Can you repeat the question? I didn't quite
17 follow it.
18 Q Sure. What did Mr. Riddett tell you about why
19 Senator Bruno's annual statement of financial disclosure
20 form did not disclose that Senator Bruno was working for
21 Wright Investors' Services?
22 A Why did Ken Riddett tell me that --
23 Q What did he tell you?
24 A What did he tell me about why Wright Investors'
25 Services is not specifically listed on the financial

149
1 disclosure form?
2 Q That's correct.
3 A Because he had been a consultant and since he was
4 not an employee, he did not have to be identified in
5 question 5-A.
6 Q And now, after he became an employee, what did
7 Mr. Riddett tell you about why Senator Bruno's annual
8 statement of financial disclosure form did not disclose that
9 Senator Bruno was working for Wright Investors' Services?
10 A If I understand the question, I think the answer
11 is that Mr. Riddett told me that the reason Wright
12 Investors' Services was not identified on the form at that
13 time was because he was not an employee.
14 Q And then after you had the conversation with
15 Mr. Riddett, you became aware that Senator Bruno had become
16 a part-time employee of Wright Investors' Services. What
17 did Mr. Riddett tell you about why Senator Bruno's annual
18 statements of financial disclosure forms filed after that
19 date did not disclose that Senator Bruno worked for Wright
20 Investors' Services?
21 A I thought that they did.
22 (Pause in proceedings.)
24 THE COURT: Yes.
25

150
1 BY MS. COOMBE:
2 Q Mr. Gluchowski, I am going to hand you Government
3 Exhibit GY-7.
4 A Thank you.
5 Q You're welcome. Can you tell us what that is,
6 please?
7 A Yes. This is the financial disclosure statement
8 for calendar year 1998, filed May 17th of 1999.
9 Q I'd like to direct your attention to attachment B.
10 A Yes.
11 Q I'm sorry, it's attachment B, as in boy, bravo?
12 A D, not A, okay. D.
13 Q B. There it is. Do you see it, Mr. Gluchowski?
14 A Is that at the end? Yes, I see it.
15 Q Somewhere in the middle?
16 A I have it.
17 Q Does it disclose there that Senator Bruno was
18 employed by the Wright Investors' Services?
19 A No. It reflects salary under Winthrop
20 Corporation, but I saw earlier in the form that Winthrop
21 Corporation is listed as a consultant -- that he's a
22 consultant for Winthrop Corporation.
23 Q You mean in earlier annual statements of financial
24 disclosure?
25 A No. Earlier in this one.

151
1 Q Okay. And it does not disclose that Senator Bruno
2 was working for Wright Investors' Services?
3 A No, it doesn't. It doesn't disclose an employment
4 interest in Wright Investors' Services, that is correct.
5 Q What did Mr. Riddett tell you about why Senator
6 Bruno's annual statement of financial disclosure did not
7 reveal and disclose that Senator Bruno was working for
8 Wright Investors' Services?
9 A I don't know that he told me anything.
10 Q And what did Mr. Riddett tell you about why
11 Senator Bruno's annual statement of financial disclosure did
12 not reveal that Senator Bruno was a client services officer
13 for Wright Investors' Services?
14 A Could you repeat that?
15 Q Sure.
16 A The question is --
17 Q Let's look back at the form, GY-7.
18 A Yes.
19 Q Do you see it indicates that The Winthrop
20 Corporation is a salary, and if we could go over to the
21 left --
22 A GY-7 -- oh, okay. I should be up here, sorry.
23 Q Right.
24 A Yes.
25 Q We have to look at attachment A, I think,

152
1 Mr. Gluchowski.
2 A Okay, yes.
3 Q Do you see on attachment A the listing for
4 Winthrop Corporation indicates consultant?
5 A Yes. I was referring to that earlier.
6 Q Right, I understand. What did Mr. Riddett tell
7 you about why Senator Bruno's annual statement of financial
8 disclosure did not disclose that he was a client services
9 officer for Wright Investors' Services?
10 A I don't recall that he ever said anything to me
11 about that.
12 Q You testified also on cross-examination about a
13 conversation that you had much later than this with
14 Ms. George, where you mentioned a lower court opinion
15 regarding this statute?
16 A Yes.
17 Q What statute was that?
18 A The statute that the lower court opinion focused
19 on was in the General Municipal Law. It was an ethics
20 provision in the General Municipal Law.
21 Q Did you tell Ms. George about the Appellate
22 Division cases which apply that law without finding it vague
23 and unconstitutional?
24 A No, I did not.
25 Q Could we please look at GA-9?

153
1 MS. COOMBE: And may I approach, your Honor?
2 THE COURT: Yes.
3 BY MS. COOMBE:
4 Q I'm showing you Government Exhibit GA-9 and I have
5 opened it up to the second page for you. Could we please
6 look at the second page? Mr. Lowell read, at the bottom of
7 the page, the last paragraph. He read, "Absent any special
8 benefit to his prospective employer," does the sentence
9 continue after that?
10 A Yes.
11 Q Does it say, "Or the clients of his prospective
12 employer"?
13 A Yes, it does.
15 THE COURT: Yes.
16 MS. COOMBE: Your Honor, the Government moves the
17 admission of Government Exhibit GU-59.
18 MR. LOWELL: No objection, your Honor.
19 THE COURT: Admitted.
20 (Government Exhibit GU-59 received.)
21 BY MS. COOMBE:
22 Q Mr. Gluchowski, I am giving you Government Exhibit
23 GU-59.
24 A Thank you.
25 Q You're welcome. Do you recognize that?

154
1 A Yes.
2 Q Now, you testified on cross-examination that you
3 had some memory of seeing some sort of an appraisal in
4 connection with the preparation of the termination
5 agreements regarding the horse relationship that Senator
6 Bruno had with Dr. Bilinski and Mr. Abbruzzese?
7 A Yes.
8 Q Was this the document you were thinking of?
9 A Yes. But I see it's not an appraisal, it's just a
10 memo that I did that reflects values. And I did have some
11 other document that I extracted this information from. It
12 was a document that horsemen use typically to check
13 pedigrees and such.
14 Q And this document is related to the termination
15 agreement involving the Bilinskis, Dr. Bilinski, not
16 Mr. Abbruzzese --
17 A Correct.
18 Q -- is that correct?
19 A Yes, it is.
20 Q Mr. Lowell discussed a question about a memorandum
21 or notes that you instructed someone to prepare, typewritten
22 notes, regarding the issue of whether the horses owned by
23 Senator Bruno with Mr. Abbruzzese and Dr. Bilinski were a
24 joint venture or a partnership?
25 A Yes, I remember that.

155
1 Q Did you understand that it was the intent of the
2 parties at the time of the investment that governed whether
3 it was a joint partnership or -- I mean, I'm sorry, a joint
4 venture or a partnership?
5 A No. I had no idea what the minds of the parties
6 were at the time that they entered into that agreement. I
7 didn't know that they entered into the agreement.
8 Q Was it your understanding, however, that when
9 determining whether something is a joint venture or a
10 partnership, that issue is determined by the intent at the
11 time of the investment and not what actually happened?
12 A Yes, I agree with that statement.
14 THE COURT: You may.
15 BY MS. COOMBE:
16 Q Mr. Gluchowski, I'm handing you Government Exhibit
17 GU-102.
18 A Thanks.
19 Q You're welcome. I'd like to direct your attention
20 to the portion of this memorandum that's the second -- the
21 third paragraph down. "Frank wanted you to be aware that he
22 considers this a gray area, also used the word murky."
23 And if we could look a little further down.
24 If we could look down to where the handwritten notes are,
25 please. "If you're comfortable leaving it like this for

156
Gluchowski - Recross - Lowell
1 this year, let me know."
2 Did Senator Bruno say err on the side of full
3 and complete disclosure?
4 A No, he didn't say that. He said, "Leave as is."
5 MS. COOMBE: I have nothing further, your Honor.
6 THE COURT: Mr. Lowell.
7 MR. LOWELL: Yes, sir. Would you please put on
8 the screen, Jon, GC-21.
9 RECROSS-EXAMINATION
10 BY MR. LOWELL:
11 Q Do you see GC-21?
12 A Yes, I do.
13 Q Do you see that it's a 1099?
14 A Yes, I do.
15 Q What is the name of the paying authority?
16 A The payment authority is Winthrop Corporation,
17 doing business as Wright Investors' Services.
18 Q Did you understand that that was the relationship
19 between Wright and Winthrop?
20 A Yes.
21 Q Now, would you look at the next one down, please,
22 1996. What's the payment authority?
23 A Winthrop Corporation.
24 Q And the next one?
25 A Winthrop Corporation.

157
Gluchowski - Recross - Lowell
2 A The Winthrop Corporation.
5 Q The next one?
7 Q And the. Go through just to the last one?
9 Q They're all Winthrop Corporation, the first one
10 says d/b/a?
11 A Yes.
12 Q And what was the name of the entity that was put
13 on Mr. Bruno's financial disclosure forms for who the
14 employer was?
16 Q Miss Coombe asked you a question about the opinion
17 that you rendered in which she asked you what it said about
18 special benefit. Do you remember the phrase "special
19 benefit"?
20 A Yes.
21 Q In all the years you've worked in the Senate, did
22 Mr. Bruno ever provide a special benefit to any of his
23 friends or employers or anybody who employed his employers,
24 as far as you knew?
25 A As far as I know, he did not.

158
1 Q Did Mr. Bruno know the difference, given your
2 experience with him, between a joint venture and a
3 partnership?
4 A No.
5 Q Do you know whether he cared one way or another
6 whether it came out one way or another?
7 A I would be real surprised if he cared.
8 MR. LOWELL: Thank you.
9 THE COURT: Anything further?
10 MS. COOMBE: Yes, your Honor.
11 REDIRECT-EXAMINATION
12 BY MS. COOMBE:
13 Q Did you look at 1099s to determine how to disclose
14 Senator Bruno's employment by Wright on the annual statement
15 of financial disclosure?
16 A No. Those are the first times I saw the 1099s.
17 MS. COOMBE: Nothing further.
18 MR. LOWELL: Nothing, your Honor.
19 THE COURT: You may step down. Thank you.
20 (Witness was excused.)
21 THE COURT: Next witness, please.
22 MR. PERICAK: Government calls Gerald LeBow.
23 (Pause in proceedings.)
24 THE CLERK: Mr. LeBow, come down this way. Please
25 raise your right hand. Please state and spell your name for


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131

Gluchowski - Cross - Lowell

1 (Court reconvened at 1:00 PM.)

3 THE COURT: Mr. Lowell, please.

4 MR. LOWELL: Thank you, your Honor, and thank you,

5 Mr. Gluchowski and ladies and gentlemen.

7 Q Before the break, I asked you a question about a

8 company called Asentinal and Dave Purdue and you answered a

9 bunch of questions. In your examination you were asked

10 questions concerning what you had previously said in the

11 grand jury. Do you remember those kinds of questions?

13 Q You said you were in the grand jury twice, right?

15 Q And you had four or five other meetings with

16 prosecutors and the FBI?

19 question about a company called Asentinal or Dave Purdue?

20 MS. COOMBE: Objection, relevance.

21 THE COURT: What is the relevance of the question?

22 MR. LOWELL: The inference that the reading of

23 prior questions reflected something other than what it

25 THE COURT: Sustained.

THERESA J. CASAL, RPR, CRR

Gluchowski - Cross - Lowell

2 Q Whenever you reviewed the agreements that you've

3 gone through, the CTA, CT&A, Motient, TerreStar, BB Gardner

5 conclude that any new formal opinion from the ethics

6 opinion -- Ethics Committee was required?

7 A No, I did not.

8 Q And did you discuss that with somebody that you

10 A I may have discussed it with Ken Riddett, but I

11 don't recall specifically that I did on any one of those

13 Q Indeed, you yourself, did you come to a conclusion

14 about whether any one was needed?

15 A Yes. In my estimation, it wasn't needed because I

16 didn't think that the facts as they were presented to me

17 posed a substantial conflict of interest. I was more

18 concerned about the amount of money involved.

19 Q And did that have any bearing on whether he should

20 or should not do it if there was no substantial conflict?

21 A No. That was more of a public relations issue in

23 Q Finally, let me turn to the issue of the last one

24 asked by Ms. Coombe this morning about the financial

25 disclosure process. The process was, as I understood it

THERESA J. CASAL, RPR, CRR

Gluchowski - Cross - Lowell

2 that you started the process of becoming involved?

4 Q And that was who?

6 Q And in addition to Ms. Stackrow, you would talk

7 with Mr. Riddett?

9 Q And it wouldn't be just that you would talk; you

10 guys would go over the forms?

11 A We would sit down communally at a desk and

12 actually look at the form as it was drafted for this year

14 notes that accompanied her, which indicated what specific

15 transactions she was aware of from the prior year.

16 Q And was it your understanding that Miss Stackrow

17 kept all that financial information for Mr. Bruno?

18 A Oh, yes, that's the only place that I would think

20 Q And if you had questions, you knew to get it from

23 Q At any time, did Mr. Bruno say to you don't ask

24 Pat Stackrow any questions?

25 A No, he never did.

THERESA J. CASAL, RPR, CRR

Gluchowski - Cross - Lowell