Irina Partial

Case 2:08-cr-00427-MCE Document 431
Filed 07/06/11 Page 1 of 51
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA
---oOo--BEFORE THE HONORABLE MORRISON C. ENGLAND, JR., JUDGE
---oOo--UNITED STATES OF AMERICA,
Plaintiff,
vs.
No. 2:08-cr-00427
ALEXANDER POPOV,
RAMANATHAN PRAKASH, LANA
LE CHABRIER,
Defendants.
---oOo--REPORTER'S PARTIAL TRANSCRIPT

CROSS-EXAMINATION OF
IRINA GIYENKO
WEDNESDAY, JUNE 1, 2011
---oOo---
Reported by:
DIANE J. SHEPARD, CSR #6331, RPR
DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

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APPEARANCES
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For the Government:

BENJAMIN B. WAGNER
UNITED STATES ATTORNEY
501 I Street, Suite 10-100
Sacramento, California 95814
BY: PHILIP A. FERRARI
JEAN M. HOBLER
Assistant U.S. Attorneys
For the Defendant, Lana Le Chabrier

JAN DAVID KAROWSKY
Attorney at Law
716 19th Street, Suite 100
Sacramento, California 95811
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For the Defendant, Alexander Popov:

RICHARD ALAN MOSS
Attorney at Law
255 South Marengo Avenue
Pasadena, California 91101
For the Defendant, Ramanathan Prakash:

RONALD NEIL RICHARDS
Attorney at Law
P.O. Box 11480
Beverly Hills, California 90213
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SACRAMENTO, CALIFORNIA
WEDNESDAY, JUNE 1, 2011
PARTIAL TRANSCRIPT
---oOo---
IRINA GIYENKO,
a witness called by the Government, having been first duly
sworn by the Clerk to tell the truth, the whole truth, and
nothing but the truth, testified as follows:
CROSS-EXAMINATION
10
BY MR. RICHARDS:
11
Q.
Good afternoon.
12
A.
Good afternoon.
13
Q.
Now, you came here from Kazakhstan?
14
A.
Yes.
15
Q.
So it's good to know that Borat's just a movie.
16
How are you doing?
So, anyway, when you came here in 2001, you --
17
Mr. Ferrari asked you, you got arrested at a store?
18
A.
Yes.
19
Q.
And where -- were you stealing with some other girls
20
in the report?
21
A.
No.
22
Q.
Who did you get arrested with?
23
A.
There was my friend and my sister.
24
Q.
And were you guys looking out for each other to try
25
to steal the merchandise?
A.
No.
Q.
Who got caught first?
A.
My friend.
Q.
And then I noticed when you got arrested in 2008 you
told the person arresting you that you just got -- you
basically lost your job, is that correct?
A.
Yes.
Q.
And you said you didn't have any money, remember
that?
10
A.
Yes.
11
Q.
Then I noticed that you received $4,700 from the FBI
12
on August 27, 2008.
13
payment?
14
A.
I don't remember the date.
15
Q.
Was -- do you remember -- do you want me to -- do you
16
want to refresh your memory or do you approximately remember
17
getting a $4,700 payment?
18
A.
19
remember the date.
20
Q.
21
agents?
22
A.
Yes.
23
Q.
So you received -- do you remember how much you
24
received total, is it 12, 13,000 dollars from the Government in
25
2008?
Do you remember receiving that in one
I approximately remember how much was it, but I don't
Okay.
Did you remember receiving $6,773 from the HHS
A.
I don't remember.
Q.
Well, were you -- was that a true statement when you
said you didn't have any money when you were caught stealing in
2008?
A.
Yes.
Q.
So did you spend all the money that the Government
had given you previously, the 12, 13,000 dollars?
A.
Yes.
Q.
What did you spend it on?
10
A.
Paying off debt.
11
Q.
What kind of debt?
12
A.
Credit card.
13
Q.
And while you were working at the clinic, you said
14
your salary was 1200 a week?
15
A.
Yes.
16
Q.
And when you first started --
17
MR. FERRARI:
18
THE COURT:
Objection.
Sustained.
Misstates the evidence.

It was 1200 -- well, you can
19
ask her again.
20
Q.
BY MR. RICHARDS:
21
A.
A week?
22
Q.
$1,200 total?
23
A.
A month.
24
Q.
When you first went and got the job, did they -- who
25
referred you to this clinic?
How much was your salary a week?
A month $1,200.
A.
Temp agency.
Q.
And did the temp agency when they referred you, did
they tell you that you were going to be doing anything illegal?
A.
No.
Q.
So when you started working there, did someone at the
clinic say this is an illegal clinic?
A.
No.
Q.
When you first started working there, did you think
this was a medical office?
10
A.
Yes.
11
Q.
All right.
12
you went to the clinic?
13
A.
Zoya.
14
Q.
And did anybody at that date tell you this was going
15
to be an illegal clinic?
16
A.
No.
17
Q.
Now at some point, though, you started doing illegal
18
things there, right?
19
A.
Yes.
20
Q.
And how long after you started working there did you
21
decide to help steal from the Government?
22
MR. FERRARI:
23
THE COURT:
And who was the first person you met when
Objection.
Sustained.
24
Q.
BY MR. RICHARDS:
Well, when you were doing illegal
25
things, who did you think was paying for them?

1
MR. FERRARI:
THE COURT:
Objection.
Sustained.
Q.
BY MR. RICHARDS:
thing you started doing?
MR. FERRARI:
THE COURT:
Do you remember the first illegal
Objection.
Misstates the record.
Sustained.
Q.
BY MR. RICHARDS:
At some point did you start doing
anything wrong?
A.
Yes.
10
Q.
And how long was that after you worked there?
11
A.
Could you rephrase that question?
12
Q.
Well, I'm assuming your first week at the clinic you
13
just worked there and you didn't break any laws, right?
14
A.
The first four weeks.
15
Q.
The first four weeks.
16
just decide to start doing something different?
17
A.
No.
18
Q.
And what changed after four weeks where you
19
consciously knew that you were doing something wrong?
Now after four weeks, did you
I was doing what I was trained for.
20
MR. FERRARI:
Objection.
21
THE COURT:
22
MR. RICHARDS:
23
THE COURT:
Sustained.
I'm not --
Please rephrase the question.
24
Q.
BY MR. RICHARDS:
After four weeks did you realize
25
that what you were doing was wrong?
A.
No.
Q.
At what point did you realize what you were doing was
wrong?
MR. FERRARI:
THE COURT:
THE WITNESS:
Objection.
Assumes facts.
Overruled.
I didn't realize what exactly going on
until approximately a month and a half to two months.
there is something wrong, but I couldn't explain what exactly
is wrong.
BY MR. RICHARDS:
I knew
10
Q.
And what was the first thing you
11
did once you realized there was something going wrong but you
12
couldn't explain it?
13
A.
14
fiance.
15
Q.
Jason?
16
A.
Yes.
17
Q.
Jason was the guy that was your lookout when you were
18
stealing in 2008, right?
19
A.
No.
20
Q.
Do you want me to show you the report?
21
A.
He was not a lookout.
22
Q.
Was he arrested with you?
23
A.
He was arrested separately.
24
Q.
All right.
25
in Sacramento and help get you a diversion on the theft case?
I went to -- I went home and I discussed it with my
Did the Government go to the State court
A.
Could you rephrase that?
Q.
After you were arrested, did you call the agents that
you were working for and tell them you got arrested?
A.
No.
Q.
So they didn't know about it?
A.
Didn't feel like to call.
Q.
Did you ever tell the agents you got arrested?
A.
Yes.
Q.
When was that?
10
A.
Recently.
11
Q.
When?
12
A.
Last week.
13
Q.
So last week was the first time that you disclosed to
14
the Government that you got arrested?
15
A.
Yes.
16
Q.
And who did you specifically tell that to?
17
A.
There was David Kvach.
18
Q.
Who?
19
A.
David Kvach and also Phil Ferrari.
20
Q.
Phil.
21
A.
Yes.
22
Q.
Yeah.
23
A.
No.
24
Q.
No.
25
you were arrested?
The prosecutor, Mr. Ferrari?

Phil Ferrari.
Anybody else?
Not Jean?
And what did Phil say to you when you told him
Filed 07/06/11 Page 10 of 51
MR. FERRARI:
MR. RICHARDS:
THE COURT:
MR. RICHARDS:
did as a result of her disclosure.
6
7
Objection.
Your Honor --
I'm going show anything the Government
Overruled for now.
BY MR. RICHARDS:
MR. FERRARI:
THE COURT:
10
Relevance.
What's the relevance?
THE COURT:
Q.
10
What did Phil say?
Well, Your Honor -Excuse me.
MR. RICHARDS:
No.
Excuse me.
What he said?
I said what was his response when
11
you told him -- her he was arrested -- when she told him he was
12
arrested (sic).
13
14
THE COURT:
MR. RICHARDS:
Well, I'm going into conversations
with the witness prior to her testifying.
17
THE COURT:
Sustained.
There is a way to do this.
18
That's not it.
19
Q.
20
testified in this court today?
21
A.
Yes.
22
Q.
And what did he tell you?
BY MR. RICHARDS:
23
MR. FERRARI:
24
THE COURT:
25
What's the
relevance to this whole line of questioning?
15
16
What's the relevance of that?
Q.
Did you speak with Phil before you
Objection.
Vague and relevance.
Sustained.
BY MR. RICHARDS:
When did you speak to him?

1
THE COURT:
Filed 07/06/11 Page 11 of 51
Vague as about what, when.
Q.
about the arrest, what did you tell him?
BY MR. RICHARDS:
MR. FERRARI:
THE COURT:
When you spoke to him last week
Objection.
Relevance as to that.
Sustained.
Q.
testimony today?
A.
Q.
BY MR. RICHARDS:
BY MR. RICHARDS:
Did you talk to him about your
You said last week that you went
10
and spoke to Phil about you being arrested, right?
11
A.
Yes.
12
Q.
And did you tell him that -- did he say anything
13
about disclosing that arrest to the defense?
14
A.
I'm sorry.
15
Q.
When you told him you were arrested, where was he
16
when you told him?
17
A.
He was in the office.
18
Q.
Okay.
19
that arrest?
20
A.
No.
21
Q.
Okay.
22
the arrest?
23
24
25
11
I don't understand.
And did he -- did you ask him to help you with
Did you -- did he say anything to you about
MR. FERRARI:
Objection.
Relevance.
Happened last
week.
THE COURT:
Sustained.

BY MR. RICHARDS:
Filed 07/06/11 Page 12 of 51
12
Q.
Prior to you testifying today, did
you talk to him about your testimony with respect to the
arrest?
A.
I don't understand what exactly you're asking.
Q.
Okay.
this is not the first -- didn't you practice your testimony at
all with the Government?
Let's back up.
MR. FERRARI:
THE COURT:
Before you testified today,
Objection.
Argumentative.
Sustained.
10
Q.
BY MR. RICHARDS:
Did you go over your testimony
11
today with the Government before you testified?
12
A.
No.
13
Q.
You never met with them prior to today?
14
A.
Not today.
15
Q.
No.
16
A.
Yes.
17
Q.
Okay.
18
A.
I don't remember actual dates.
19
Q.
Well, did you come down to the courthouse to tell
20
them last week about the arrest?
21
A.
Yes.
22
Q.
All right.
23
A.
I was asked to come here.
24
Q.
By whom?
25
A.
By David Kvach and Phil Ferrari.
Prior to today?
When did you meet with them?
And why did you come that day?
Filed 07/06/11 Page 13 of 51
Q.
here was?
A.
That they have few questions.
Q.
About the arrest?
A.
About that they have questions.
me.
Q.
ask you?
And did they tell you what the purpose of you coming
They didn't specify
They didn't specify what kind of questions they have.

Okay.
So when you got here, what questions did they
MR. FERRARI:
10
13
THE COURT:
Objection.
Relevance.
Sustained.
11
Q.
BY MR. RICHARDS:
Did you know why you were coming
12
here before you came here?
13
A.
No.
14
Q.
So when you got here, did they want to talk to you
15
about the case?
16
A.
Yes.
17
Q.
Okay.
And what did they tell you about the case?
18
MR. FERRARI:
Objection.
19
THE COURT:
20
MR. RICHARDS:
21
THE COURT:
Relevance.
Sustained.
Your Honor --
Sustained, counsel.
BY MR. RICHARDS:
Move on.
22
Q.
Now, when you -- when you -- when
23
you -- after the six weeks, when you decided -- after you
24
talked to Jason, your boyfriend, did you still take money from
25
the Government after you got arrested?

1
MR. FERRARI:
THE COURT:
Filed 07/06/11 Page 14 of 51
Objection.
14
Vague.
Sustained.
Q.
BY MR. RICHARDS:
Government after you got arrested?
MR. FERRARI:
THE COURT:
Did you take money from the
Objection.
Vague.
Sustained.
Q.
BY MR. RICHARDS:
In August of -- in 2008 -- in
August of 2008, after you got arrested, did you take money from
the Government?
10
A.
No.
11
Q.
No.
12
A.
October, November.
13
Q.
All right.
14
three years -- or you waited until, let's say, April or May of
15
2011 to disclose to the Government that you got arrested, is
16
that your testimony?
17
A.
Yes.
18
Q.
All right.
19
Government, you were told that if you got arrested for any
20
reason, you were supposed to tell them?
21
A.
Don't remember.
22
Q.
All right.
23
Jason about keeping the arrest from the Government?
Do you remember when you got arrested in 2008?
And it's your testimony that you waited
Didn't -- when you agreed to work for the
24
MR. FERRARI:
25
THE COURT:
Did you ever have a conversation with
Objection.
Relevance.
Sustained.

BY MR. RICHARDS:
Filed 07/06/11 Page 15 of 51
Q.
is that when you made the call to Medicare?
A.
No.
Q.
How long after you talked to Jason about your
concerns did you make the call to Medicare?
A.
Around January.
Q.
Of '07?
A.
Yes.
Q.
And when you called, did you -- do you remember who
10
you spoke to first?
11
A.
No.
12
Q.
No.
13
14
MR. FERRARI:
15
When -- after you spoke to Jason,
Question
misstates the record.
15
THE COURT:
Sustained.
16
Q.
BY MR. RICHARDS:
Your boyfriend called for you,
17
correct?
18
A.
Yes.
19
Q.
And when was the first time that you spoke with
20
someone from Medicare?
21
A.
The very next day after he called.
22
Q.
And was that on the phone or in person?
23
A.
On the phone.
24
Q.
And how many times did you speak to them on the phone
25
before you had an in-person meeting?
Filed 07/06/11 Page 16 of 51
A.
Once.
Q.
And who did you speak to first on the phone, if you
remember?
A.
you mean agents?
Q.
eventually contacted by agents?
A.
Yes.
Q.
All right.
Could you please specify?
Do you mean Medicare or do
When you first spoke to Medicare were you then
And when was the first time you were
10
contacted directly by agents?
11
A.
Approximately two weeks after.
12
Q.
And how long did it take you before you agreed to
13
start working for the agents?
14
A.
Right away.
15
Q.
Okay.
16
for it, was that your idea or the agents' idea?
And who brought up the subject of getting paid
17
MR. FERRARI:
18
THE COURT:
19
Q.
20
agents?
21
A.
16
Objection.
Relevance.
Sustained.
BY MR. RICHARDS:
Did you request any money from the
No.
22
MR. FERRARI:
23
THE COURT:
Objection.
Relevance.
Sustained.
24
Q.
BY MR. RICHARDS:
Did you call -- did your boyfriend
25
call Medicare because you wanted to get some sort of reward

1
Filed 07/06/11 Page 17 of 51
17
money?
MR. FERRARI:
THE COURT:
THE WITNESS:
Objection.
Relevance.
Overruled.
No.
Q.
motive in calling Medicare?
A.
No.
Q.
Then why did you accept the money?
A.
I was offered.
10
Q.
By who?
11
A.
It was a job afterwards.
12
Q.
My question was, who offered you the money?
13
A.
The agents, the Government.
14
Q.
And did they give you any conditions, if you
15
remember, about receiving this money?
16
A.
That I had to pay taxes on them.
17
Q.
Okay.
18
you got arrested you were to tell them?
19
A.
No.
20
Q.
Isn't it true --
21
BY MR. RICHARDS:
Well, did you have any financial
And you don't remember any condition about if
MR. FERRARI:
Your Honor, objection to that question.
22
Relevance.
He's already pointed out that the arrest happened
23
after she stopped working for us.
24
THE COURT:
Sustained.
25
MR. RICHARDS:
I didn't point out when she stopped

1
Filed 07/06/11 Page 18 of 51
working.
THE COURT:
Sustained.
Q.
working for the Government?
A.
In August 14th, I believe, 2008.
Q.
Now, you mentioned earlier that -- you mentioned
earlier that you read some charts of some patients, and --
8
9
18
BY MR. RICHARDS:
When do you believe you stopped
Well, actually, let me start with this.
You said you
saw Sofia give blood, do you remember that testimony?
10
A.
Yes.
11
Q.
What chart was that with?
12
A.
I don't remember.
13
Q.
Did she draw blood on herself every day?
14
A.
No.
15
Q.
How many times did you see her draw blood and put it
16
in a chart?
17
A.
Two times.
18
Q.
Is there a reason why you didn't photocopy that chart
19
and give it to the agents so we wouldn't be guessing what chart
20
it is now?
21
A.
Could you repeat that again?
22
Q.
I said, is there a reason why you didn't photocopy
23
that chart so we would have evidence --
24
MR. FERRARI:
25
THE COURT:
Objection.
Argumentative.
Sustained.

BY MR. RICHARDS:
Filed 07/06/11 Page 19 of 51
Q.
Did you photocopy it?
photocopied that chart that you allege that she drew blood on
and put the blood results in the chart, right?
A.
No.
Q.
Did you ever ask Vardges for more money as a result
of all the things that you were doing?
raise at any time?
A.
Yes, I did.
Q.
When did you get a raise?
10
A.
Approximately four, five months after I started to
11
work in Richmond also.
12
Q.
And what was the raise?
13
A.
$600.
14
Q.
A month?
15
A.
I'm sorry.
16
Q.
So your salary went from 1200 to 2,000?
17
A.
Temporarily.
18
Q.
Okay.
19
A.
Because then he reduced it to $600 a month.
20
Q.
So it went from 1200 to 1800 and then back to 600?
21
A.
From 1200 to 2,000, then to 600.
22
Q.
By the time it was at 600, was that when you were
23
getting money from the Government?
24
A.
Yes.
25
Q.
So the Government was paying you 150 a week?
19
So you never
I mean, did you get a
How much was the increase?
$800.
Why was it temporary?
Filed 07/06/11 Page 20 of 51
20
A.
Yes.
Q.
So you were getting 600 from the Government and then
between 600 to 1800 -- or 600 to 2,000 from Vardges?
MR. FERRARI:
THE COURT:
THE WITNESS:
Objection.
Relevance.
Overruled.
Yes.
Q.
BY MR. RICHARDS:
Did the Government pay you in cash
or check?
A.
Cash.
10
Q.
Now, did you have to sign a receipt for the money?
11
A.
Yes.
12
Q.
And when you -- when you said that you took an EKG on
13
yourself, did you remember what file that was for?
14
A.
No.
15
Q.
Is there a reason, if you know, why you didn't make a
16
copy of the file you participated in faking?
17
A.
Because I didn't get a chance.
18
Q.
Was that before you worked for the Government?
19
A.
No.
20
Q.
Okay.
21
A.
Approximately two and a half years.
22
Q.
Two and a half years.
23
you never once photocopied a file with a fake blood test, is
24
that correct?
25
A.
It was during.
How long did you work for the Government for?
And in two and a half years
Yes.
Filed 07/06/11 Page 21 of 51
21
Q.
And you never once photocopied a file that you gave
yourself a fake EKG?
A.
I never had opportunity.
Q.
In two and a half years you were never alone with the
files, is that your testimony?
A.
them.
Q.
patient number, is that what you're saying?
Those files were taken to L.A., so I could not get to
So you couldn't even write down the name or the
10
A.
Not in front of everybody.
11
Q.
So you're saying you couldn't even take a 15-minute
12
break to just write down one patient name that you put a fake
13
EKG in?
14
MR. FERRARI:
15
THE COURT:
Objection.
Argumentative.
Sustained.
16
Q.
BY MR. RICHARDS:
Did you ever tell the agents that
17
you were faking EKGs and could they give you assistance on how
18
to document that?
19
A.
Yes.
20
Q.
And what did the agents tell you?
21
A.
I told them that Vardges is pushing me to do EKG, and
22
that's -- that was all.
23
Q.
How many EKGs did you do, do you think?
24
A.
One.
25
Q.
Oh, just one.
All right.
Was there thousands of
Filed 07/06/11 Page 22 of 51
patients or hundreds of patients?
A.
Hundreds.
Q.
So you did -- out of the hundreds of patients, you
did one fake EKG?
A.
6
7
That I did.
MR. RICHARDS:
please, that you played.
22
Yeah.
Can we play the audio now,
Thank you.
(Audio playing 3:47 p.m. to 3:48 P.M.)

Q.
BY MR. RICHARDS:
When you heard Vardges say she's
10
the director of this office, did you have an understanding as
11
to how director was being used in this office?
12
A.
No.
13
Q.
Did anybody ever have a conversation with you about
14
what a medical director is?
15
A.
No.
16
Q.
You saw the transcript that was just played in front
17
of you on the tape.
18
word director meant?
19
A.
The owner of the office.
20
Q.
I'm saying, did Vardges ever have a specific
21
conversation with you about what the word director meant?
Did you understand at the time what the
22
MR. FERRARI:
23
THE COURT:
The --
Asked and answered.

Sustained.
24
Q.
BY MR. RICHARDS:
All right.
So when -- did you ever
25
-- when this call that was just played for Dr. Teitelbaum to
Filed 07/06/11 Page 23 of 51
call another doctor, isn't it true that the reason why
Dr. Teitelbaum was calling that other doctor was because they
wanted the doctor to believe there was another doctor on the
premises so the doctor could feel comfortable?
A.
23
No.
MR. FERRARI:
THE COURT:
Objection.
Sustained.
Q.
BY MR. RICHARDS:
Now did Vardges ever ask you for
advice on how to run the clinic?
10
A.
No.
11
Q.
Did you ever tell Vardges during this time period
12
while you're working for the Government that you don't like
13
what you're doing and you don't want to work there anymore?
14
A.
No.
15
Q.
And would it be fair to say that during this entire
16
time while you were working for the Government, you simply did
17
all the things that you were told so you could still stay there
18
and gather information, is that fair to say?
19
A.
Yes.
20
Q.
You weren't the person that would be saying, let's
21
say, I don't like what's going on here, and I want to stop it
22
because that wasn't your job, right?
23
A.
24
Q.
You had a job shortly after you started working there
25
to gather information for the Government and not create any
Filed 07/06/11 Page 24 of 51
friction between you and the boss of the clinic, right?
A.
words.
Q.
Would a translator be helpful?
A.
No.
make sense on me.
Q.
understand.
I'm sorry.
I'm sorry.
If you can rephrase.
I know it's easier when they're doing it, so I
Objection.
THE COURT:
Sustained.
ordered to disregard it.
12
What you're saying.
Well, it's the way you put words that doesn't
MR. FERRARI:
10
11
You will need to choose little bit easier
I don't understand the meaning.
24
MR. RICHARDS:
Stricken.
The jury is
Counsel, no more comments.

Sorry, Your Honor.
13
Q.
BY MR. RICHARDS:
14
tape with Jenny -- you know that tape --
15
A.
Yes.
16
Q.
-- with Max.
17
make Max feel comfortable that Jenny was going to bring more
18
patients?
MR. FERRARI:
20
THE COURT:
Isn't it true that you were trying to
19
21
Q.
22
play the tape then?
When you were on the videotape, the
Objection.
Foundation.
Sustained.
BY MR. RICHARDS:
23
MR. FERRARI:
24
MR. RICHARDS:
25
MR. FERRARI:
We'll just -- do you want to just
It's your cross-examination.

Can we play that tape?
Do you remember the exhibit number?

1
2
MR. RICHARDS:
Filed 07/06/11 Page 25 of 51
Yeah.
It was Exhibit 146.
25
Yeah.
146.
MR. FERRARI:
Do you have a clip?
MR. RICHARDS:
MR. FERRARI:
MR. RICHARDS:
(Audio/video playing.
The clip by the bed.

Okay.
There's more than one clip.
I think it was the last clip.
BY MR. RICHARDS:
3:52 p.m. to 3:53 p.m.)
Q.
When you said, "yes, Song," who
were you trying to help in that conversation?
10
A.
11
trying to make Max understand the name correctly.
12
Q.
Did Max have trouble understanding her or something?
13
A.
Yes.
14
Q.
And did you speak to her on a regular basis?
15
A.
Yes.
16
Q.
So you understood her English, is that what it was?
17
A.
Yes.
18
Q.
All right.
19
sleep studies.
20
A.
Yes.
21
Q.
And weren't sleep studies referred out for someone
22
else to do them?
23
24
25
I'm just trying to generally to -- I guess to -- I'm
You mentioned that the clinic didn't do
Do you remember that testimony?
MR. FERRARI:
Objection.
States facts not in
evidence.
THE COURT:
Sustained.

1
Q.
as to where sleep studies were done?
A.
In L.A.
Q.
In L.A.?
A.
Yes.
Q.
You're saying that the study was actually done in
L.A. or drafted in L.A.?
8
9
BY MR. RICHARDS:
Filed 07/06/11 Page 26 of 51
Do you have any personal knowledge
Let me withdraw the question.

sleep study is?
26
Do you know what a
Do you have any training in a sleep study?
10
A.
Yes.
I don't have training, but I know what that is.
11
Q.
Did you ever specifically investigate whether or not
12
these sleep studies were being done?
13
A.
I spoke with Sofia once.
14
Q.
About a sleep study?
15
A.
Yes.
16
Q.
Okay.
17
file went to L.A., did you ever go to L.A. and look at the
18
files?
19
A.
No.
20
Q.
Did you ever -- when you got the files back, did you
21
ever specifically have a conversation with any of the doctors
22
that worked on those files?
23
A.
No.
24
Q.
And my client over here, Dr. Prakash, you never met
25
him, correct?
Now, when the sleep study, let's say, or the
27
Filed 07/06/11 Page 27 of 51
A.
No, I never did.
Q.
And you heard counsel ask you did you ever receive
any calls from any of the doctors in this -- that -- he
mentioned my client's name, Dr. Prakash, and you said, no, I
never spoke to him.
clinic, were you?
A.
No, I was not.
Q.
You were brought in as a receptionist, right?
A.
Yes.
10
Q.
Did you ever -- were you ever told by the agents to
11
contact -- let me strike that.
12
But you weren't considered the boss of the
Did the agents ever ask you to contact Vardges on a
13
regular basis and record him?
14
A.
Yes.
15
Q.
And did they ever give you a script of what to ask
16
him?
17
A.
No.
18
Q.
So they never told you what type of questions to ask
19
him, right?
20
A.
No.
21
Q.
But if the agents had wanted to give you a script of
22
certain questions to ask, you could have asked them, right?
23
MR. FERRARI:
24
THE COURT:
25
Q.
Objection.
Relevance.
Sustained.
BY MR. RICHARDS:
Well, let me rephrase then.
When
Filed 07/06/11 Page 28 of 51
28
you called up Vardges to get information that was being
recorded or videotaped, how did you decide on what to ask him?
3
4
MR. FERRARI:
Objection.
Assumes facts not in
evidence.
THE COURT:
Sustained.
Q.
BY MR. RICHARDS:
Were you given any guidelines for
those recorded meetings?
A.
No.
Q.
So it was basically you just do a normal day and
10
whatever comes on the tape comes on the tape, is that fair to
11
say?
12
A.
That's correct.
13
Q.
So there was never any prompting by you?
14
A.
Never.
15
Q.
And --
16
A.
(Witness coughing.)
17
Q.
So during that time period, the two and a half years,
18
you had numerous conversations with Max and Vardges, right?
19
A.
Yes.
20
Q.
And at no time did the agents tell you, look, we need
21
to get some information on other people in this case, they
22
never had that conversation with you?
23
MR. FERRARI:
24
THE COURT:
25
Q.
I apologize.
Objection.
Relevance.
Sustained.
BY MR. RICHARDS:
Okay.
Did the agents ever
Filed 07/06/11 Page 29 of 51
specifically ask you to try to get information about the
doctors?
MR. FERRARI:
THE COURT:
Objection.
Relevance.
Sustained.
Vague also.
Q.
also another foreign language being spoken.
language that was?
8
9
10
BY MR. RICHARDS:
MR. FERRARI:
Q.
In the video that we saw there's
Objection.
BY MR. RICHARDS:
Do you know what
Vague as to which video.
The video I showed you and the one
the Government showed you.
11
MR. FERRARI:
12
THE COURT:
Two videos.
Compound.
Sustained.
13
Q.
14
video that we saw was there any foreign language?
15
A.
You mean with Max?
16
Q.
Yeah.
17
A.
Yes, it was.
18
Q.
And are you speaking Russian to him?
19
A.
Yes.
20
Q.
All right.
21
video?
22
A.
BY MR. RICHARDS:
I was telling him -MR. FERRARI:
24
THE COURT:
Q.
In the last video -- in the last
And what were you telling him in the
23
25
29
Objection.
Vague as to when.
Sustained.
BY MR. RICHARDS:
Is there a -- without getting into
Filed 07/06/11 Page 30 of 51
30
what you said, was there a reason why you were speaking
Russian?
A.
Because he understood better in Russian.
Q.
I see.
Jenny's house?
A.
Once.
Q.
And how many times had you seen Dr. Teitelbaum come
to the Sacramento clinic?
A.
I didn't count.
10
Q.
A lot, right?
11
A.
A lot.
12
Q.
And the picture you saw of Dr. Teitelbaum, that was a
13
DMV photo, did you know that or not?
14
A.
Yes, I did.
15
Q.
Did Dr. Teitelbaum, when he was in the clinic, did he
16
wear, you know, regular civilian clothes, or did he dress like
17
a doctor?
18
A.
Normally he would have medical clothes.
19
Q.
Why, when you first became concerned about what was
20
going on with the clinic, did you decide to have your boyfriend
21
call Medicare as opposed to notifying somebody else?
22
A.
I didn't know who else to call.
23
Q.
Well, I'm just trying to narrow your thought on
24
specifically why of all places, Medicare.
25
come to call their number first over calling Dr. Prakash?
And how many times did you bring him to
How did you just
Filed 07/06/11 Page 31 of 51
A.
have to contact them.
Q.
That's what Jason told you?
A.
Yes.
Q.
And is Jason -- is Jason an expert in Medicare?
6
7
Because Jason told me this is Medicare fraud so we
MR. FERRARI:
Objection.
Relevance and
argumentative.
8
9
31
THE COURT:
Q.
Sustained.
BY MR. RICHARDS:
Okay.
What -- did you show Jason
10
any documents from the clinic?
11
A.
No, I did not.
12
Q.
You did not.
13
one that guided you to call Medicare, is that fair to say?
14
A.
He -- yes.
15
Q.
All right.
16
Medicare because you had sort of a sense of right and wrong and
17
you just wanted to do what's right?
18
A.
Yes.
19
Q.
And that was your only motive, that you're just a
20
good, you know, citizen and you wanted to call, is that fair to
21
say?
22
A.
23
24
25
Okay.
And so basically Jason was the
And did you -- did you have Jason contact
Yes.
MR. RICHARDS:
All right.
I'll pass the witness.
Subject to recall.
THE COURT:
Go ahead.

1
Filed 07/06/11 Page 32 of 51
32
CROSS-EXAMINATION
BY MR. MOSS:
Q.
Good afternoon, Miss Giyenko.
A.
Good afternoon.
Q.
When did you start working at the Sacramento clinic
on Folsom Boulevard?
A.
It was October 2006.
Q.
Do you remember specifically when in October,
beginning, end, middle?
10
A.
I don't remember exactly when.
11
Q.
Do you remember whether -- were you interviewed in
12
October, or were you interviewed prior to October?
13
A.
I was interviewed in October.
14
Q.
How long between when you were interviewed the first
15
time?
16
second interview you had?
17
A.
One day.
18
Q.
And how soon after that did they engage your
19
services?
20
A.
Next week.
21
Q.
Do you know whether you were interviewed on a day
22
that patients were there or when they didn't have patients?
23
A.
There was no patients at that time when I came in.
24
Q.
The physical layout of the clinic on Folsom
25
Boulevard, did it look like a normal medical office?
Was there a time lag between interview one and the
Filed 07/06/11 Page 33 of 51
A.
Yes.
Q.
Did it have medical equipment inside?
A.
The front desk, like normal front desk.
was equipped like any other room for nurses.
Q.
registered nurse, is that correct?
A.
Yes.
Q.
Did you ever see her credentials?
A.
It was on the walls.
10
Q.
So there was degrees or what have you that were on
11
the walls.
12
walls?
13
A.
Yes.
14
Q.
And Zoya's responsibilities were to do blood
15
pressure, weight, height, take vital statistics, and draw
16
blood, is that a fair statement?
17
A.
And EKG.
18
Q.
What?
19
A.
EKG.
20
Q.
EKG.
21
A.
No.
22
Q.
While you were there, do you have an estimate as to
23
how many EKGs specifically were done on any of the patients
24
that were designated to be Dr. Popov's patients?
25
A.
33
Zoya's room
And you understood that Zoya was supposed to be a
Was there anything of Dr. Teitelbaum's on the
I remember something.
Do you remember how many EKGs were done?
No, I don't.
Filed 07/06/11 Page 34 of 51
34
Q.
Do you have any estimate as to whether it could be
one, more than one, more than a hundred?
A.
It would be more than a hundred.
Q.
Dr. Teitelbaum dressed as a doctor, is that correct?
A.
Yes.
Q.
Did he look professional, the way he approached the
patients?
A.
Most of the time.
Q.
He was an elderly gentleman, too, was he not?
10
A.
Yes.
11
Q.
The picture, that is, the Department of Motor
12
Vehicles picture is a casual shot, is it not?
13
A.
I would -- I suppose.
14
Q.
And that portrays him in a very different way than
15
what he would present himself at the clinic, is that a fair
16
statement?
17
A.
No.
18
Q.
Face is the same.
19
not?
20
A.
21
DMV picture.
The face looks the same.
On that picture I couldn't see how he's dressed on
22
MR. MOSS:
23
MR. FERRARI:
24
MR. RICHARDS:
25
Q.
Dress is different, though, is it
Could we pull up the picture?
BY MR. MOSS:
Do you know the exhibit number?

It's Exhibit 148.
That shows him with an open collar,
Filed 07/06/11 Page 35 of 51
does it not?
A.
in the office.
Q.
didn't you?
A.
He would put medical jacket over.
Q.
Did the jacket designate that he was a medical
doctor?
M.D.?
Okay.
He would actually dress pretty much like that
But you said that he was dressed professionally,
Did it have embroidery with his name or initials,
10
A.
No.
11
Q.
But it looked characteristically like a medical
12
jacket that most doctors wear, am I correct?
13
A.
Yes.
14
Q.
And he would see the patients on the days that
15
patients were seen, is that correct?
16
A.
Some of them.
17
Q.
And he would sign for all of them, would he not?
18
A.
Yes.
19
Q.
And he would put his initials on papers that went
20
into the files, is that a fair statement?
21
A.
Actual signature.
22
Q.
Actual signature.
23
35
There was no initials.
No name on it.
The patient files that existed from the Folsom Avenue
24
clinic were in better shape than the ones that came from
25
Richmond, is that what your testimony is?
Filed 07/06/11 Page 36 of 51
A.
Yes.
Q.
And they looked like normal medical files, is that
correct?
A.
36
Yes.
MR. FERRARI:
THE COURT:
Objection.
Vague.
BY MR. MOSS:
Sustained.
Q.
Do you have an idea as to what a normal
medical file would look like?
A.
Not really.
10
Q.
How many files did you yourself put together while
11
you were working at the clinics that you worked at?
12
A.
Once I started to work, I did almost every chart.
13
Q.
And the charts would have progress note papers, would
14
they not?
15
A.
Yes.
16
Q.
And they would have the tests, the diagnostic tests
17
that were performed?
18
A.
Yes.
19
Q.
Results of blood tests that were either concocted or
20
were real?
21
A.
Yes.
22
Q.
They would have -- when sleep studies were done they
23
would be documented, would they not?
24
A.
Yes.
25
Q.
And specifically with sleep studies, was it your
37
Filed 07/06/11 Page 37 of 51
understanding that they occurred -- or the documentations that
was in the files of their occurrence would have been at a
location other than the Folsom Avenue clinic?
A.
Could you rephrase that, please?
Q.
I'll try to take it apart.
indicate that sleep studies are done on a specific patient, is
that correct?
A.
Yes.
Q.
And the specific patient would have endured a sleep
The sleep studies
10
study at night, is that your understanding?
11
A.
Yes.
12
Q.
And was the clinic open at night?
13
A.
No.
14
Q.
But the records that would be put in the file would
15
support that a sleep study was done in the evening hours at a
16
location, is that correct?
17
18
MR. FERRARI:
Objection as to the last part of that
question.
19
THE COURT:
Sustained.
20
Q.
BY MR. MOSS:
You were asked about a sleep study, I
21
believe, that occurred on November 24th and would be reflected
22
in Exhibit 117.
Can we draw that up?
23
MR. FERRARI:
24
exhibit and tell her where to go.
25
MR. MOSS:
You're going to have to give the
I have to tell you what number.
Forgive

1
me.
Filed 07/06/11 Page 38 of 51
I'm real inexperienced in this area.
MR. RICHARDS:
The record should reflect the good
sportsmanship of Mr. Ferrari.
MR. MOSS:
As a matter of fact, I have a hard copy
that probably is easier for me to get to.
Bates number?
7
8
38
If I give you the
(Discussion between counsel.)

Q.
BY MR. MOSS:
Thank you.
Starting with 00012, that indicates a polysomnography
10
report.
Was that something that you knew to be a sleep study?
11
A.
12
that, um --
13
Q.
14
Does that indicate that there was an interpretation of this
15
sleep study by Dr. Thomas M. Heric, M.D.?
16
A.
17
the charts.
18
Q.
19
preparation to testify here with the Government?
20
A.
I believe so, yes.
21
Q.
Did they show you this part of the file?
22
A.
Yes, they did.
23
Q.
But as you sit here today you don't recall going over
24
this with them?
25
A.
I don't recall this particular paper, so I would say
If we could move to the next, the very next page.
I don't believe I've seen this type of papers in all
Did you review the Chia Yang file as part of your
No.
I do recall going over it.
Filed 07/06/11 Page 39 of 51
39
Q.
time?
A.
Yes.
Q.
But as far as you know, the file that deals with Chia
Yang was the same that was seized on the search warrant in
August '08 that exists here today and has been marked and
accepted into evidence, which is on the screen, isn't that
correct?
A.
Yes.
10
Q.
Following that page, which would be 13, if we can
11
move to 14, 15, 16, 17, and 18.
12
the sleep study documentation that is in that file?
13
A.
Yes.
14
Q.
Do you know whether Dr. Heric did any other sleep
15
studies for other patients, either for Dr. Popov or
16
Dr. Prakash, at the Folsom Avenue clinic?
17
A.
I don't know who is Dr. Heric.
18
Q.
There were other sleep studies that were done, is
19
that correct?
20
21
You just don't recall having seen it prior to that
MR. FERRARI:
Are all those pages part of
Objection.
Assumes facts not in
evidence.
22
THE COURT:
23
Q.
24
were done that were documented -- withdraw that question.
25
BY MR. MOSS:
Sustained.
Were there other sleep studies that
Were other sleep studies documented in the files or
Filed 07/06/11 Page 40 of 51
40
the medical charts of other patients from the Folsom Avenue
clinic?
A.
Yes.
Q.
In the time that you were there at the Folsom Avenue
clinic, do you have an estimate as to how many sleep studies
were done?
A.
of them.
Q.
Approximately all of them.
It should be almost all
The sleep studies records, were those records that
10
were initially in the files before they went to Los Angeles?
11
A.
Yes.
12
Q.
And then when the files were returned, the sleep
13
study records were intact in the same files, is that correct?
14
A.
15
sleep study.
16
already the actual test.
17
Q.
18
of the sleep studies, is that correct?
19
A.
No, I wasn't.
20
Q.
And what is your testimony as to who would be
21
accountable for that activity?
Before they went in L.A. it would be order form for

It came back to Folsom for Sacramento clinic with
And you were not responsible for the billing of any
22
MR. FERRARI:
23
THE COURT:
Objection.
Vague.
BY MR. MOSS:
Sustained.
24
Q.
Who would have been accountable for
25
billing the sleep studies that were billed from the Folsom

1
Filed 07/06/11 Page 41 of 51
41
Avenue clinic?
MR. FERRARI:
THE COURT:
Objection.
Vague as to accountable.
Sustained.
Q.
BY MR. MOSS:
Who would have prepared the billings
that were submitted to Medicare vis-a-vis -- excuse me -- with
respect to the clinic's -- I'm sorry -- the sleep studies that
were documented in the files of the Folsom Avenue patients?
A.
Sofia.
Q.
Did she also do the other billing for other
10
diagnostic services that were done?
11
A.
I don't know.
12
Q.
Now Sofia left at some point in time, did she not?
13
A.
Yes.
14
Q.
And was it your testimony that that was around
15
January of 2007?
16
A.
Probably late January of 2007.
17
Q.
Do you know who took over the billing functions after
18
she left?
19
A.
Sushan.
20
Q.
Martirosyan?
21
A.
I'm sorry?
22
Q.
Shushan Martirosyan?
23
A.
I don't know her last name.
24
Q.
Did you have any daily contact with her?
25
A.
Yes, I did.
Around that time.
Filed 07/06/11 Page 42 of 51
42
Q.
Was she based in the Southern California area, or was
she based in the Northern California area?
A.
I know she is from Los Angeles.
Q.
Did she visit the clinic?
A.
Not when I was there.
Q.
You testified about PFTs.
pulmonary function tests?
A.
Yes.
Q.
And to your knowledge is that a diagnostic test that
Do you know them to be
10
is performed on Medicare beneficiaries, patients?
11
A.
12
patients.
13
Q.
14
tests were in fact performed on Medicare patients who visited
15
the Folsom Avenue clinic, is that correct?
16
A.
Yes.
17
Q.
The computer that generated those reports, as far as
18
you could tell would there be any way of distinguishing a
19
report that was generated from that computer which was
20
concocted as opposed to one that was actually performed on a
21
patient?
They were not -- they were never performed on
But there was documentation reflecting that those
22
MR. FERRARI:
23
THE COURT:
Objection.
Lack of foundation.
BY MR. MOSS:
Sustained.
24
Q.
Do you know whether the -- was the
25
documentation on the pulmonary function tests, the PFTs, was
Filed 07/06/11 Page 43 of 51
43
that documentation also placed in the files of the patients who
were designated to have PFTs?
A.
Yes.
Q.
Did you yourself ever attempt to call Dr. Popov?
A.
No, I never did.
Q.
Had you ever met Dr. Popov?
A.
No, I never did.
Q.
Did any of your associates tell you that they had
seen Dr. Popov?
Sofia?
10
A.
Could you repeat that again?
11
Q.
I'll take them one at a time.
12
you that she had met Dr. Popov?
13
A.
She said that she did.
14
Q.
What about Zoya Belov, did she ever tell you that she
15
had met Dr. Popov?
16
A.
I'm not sure.
17
Q.
And what about Naza?
18
A.
I don't remember.
19
Q.
Did the agents who handled you ever ask you to call
20
Dr. Popov?
21
A.
No.
22
Q.
Were you ever asked to record a conversation with
23
Dr. Popov?
24
A.
No.
25
Q.
There were, obviously, that you testified to, three
Did Sofia ever tell
Filed 07/06/11 Page 44 of 51
44
recorded conversations, two which were video and audio and one
that was audio.
other conversations while you were a cooperating witness with
the Government?
A.
Yes.
Q.
How many times?
A.
Don't remember.
Q.
Do you remember who you tape recorded, who you
recorded?
10
A.
Yes.
11
Q.
Who?
Did you tape record or did you record any
12
MR. FERRARI:
13
THE COURT:
Objection.
Vague.
BY MR. MOSS:
Sustained.
14
Q.
15
the assignment of recording witnesses in this investigation on
16
behalf of the Government?
17
MR. FERRARI:
18
THE COURT:
Who did you record in connection with
Objection.
Vague as to time.
BY MR. MOSS:
Sustained.
19
Q.
During the -- do you recall when you
20
recorded these conversations, these other conversations?
21
A.
I cannot remember specific dates.
22
Q.
Do you remember whether or not you recorded
23
conversations in January 2007 after you became a -- or when was
24
it exactly that you signed a cooperation agreement?
25
A.
It was probably mid February, around there, or maybe
Filed 07/06/11 Page 45 of 51
45
late February.
Q.
Government prior to signing the agreement?
A.
No.
Q.
After you signed the agreement, how many recordings
did you make?
A.
I don't remember.
Q.
Can you give us an estimate of how many?
A.
No.
10
Q.
Could it have been more than ten?
11
A.
I don't remember.
12
Q.
Did you record Vardges Egiazarian on any occasion?
13
A.
Yes.
14
Q.
Did you record him on any occasion other than the
15
three conversations that were recorded that have been marked
16
into evidence?
17
A.
Yes.
18
Q.
What were the other dates or the approximate dates of
19
the other times that you recorded Vardges Egiazarian?
20
A.
I don't remember.
21
Q.
Do you remember whether they were before, during or
22
after the time period of April 10th, '07 through and including
23
May 30th, '07, which is the timeframe of the three recordings
24
that you testified on direct?
25
A.
Did you make any recordings on behalf of the
I'm sorry.
I'm sorry.
I don't remember.
Filed 07/06/11 Page 46 of 51
46
Q.
Do you remember how many times or can you give us any
estimate how many times you recorded Vardges Egiazarian?
A.
No, I don't remember.
Q.
In any of those conversations do you remember the
content of the conversations as you sit here today?
A.
And whatever that conversation would say, that would be on the
tape.
Q.
It was just specific -- it was just a conversation.
Have you listened to those tapes prior to taking the
10
witness stand here in the last few weeks or months before being
11
designated a witness for this trial?
12
MR. FERRARI:
13
THE COURT:
Objection.
Vague as to which tapes.
Sustained.
14
Q.
BY MR. MOSS:
Did you ever record Miss Martirosyan?
15
A.
I'm sorry?
16
Q.
Did you record Miss Martirosyan?
17
A.
Could you repeat the name?
18
Q.
Martirosyan.
19
A.
I don't know who is that.
20
Q.
Let me get her first name.
21
Shushan?
22
A.
Oh, Shushan.
23
Q.
Did you ever record Naza --
24
A.
Yes.
25
Q.
-- on any other occasion?
I think you know her as
I don't believe so, but I'm not sure.
Filed 07/06/11 Page 47 of 51
A.
Yes, I did.
Q.
How many times?
A.
Don't know.
Q.
Do you remember when?
A.
No, I don't remember.
Q.
Do you remember anything about the content of those
conversations -- or conversation or conversations?
A.
remember specific things.
47
Everything was about basically patients, and I don't
10
Q.
What about Zoya Belov, did you record her on any
11
occasion?
12
A.
Yes, I did.
13
Q.
Do you have any recollection as to how many times?
14
A.
No, I don't.
15
Q.
Could it have been five times?
16
A.
It could have been.
17
Q.
You testified a little while ago that your
18
cooperation agreement was signed in February.
19
best of your recollection.
20
A.
Yes.
21
Q.
Are you pretty sure of that?
22
A.
I don't -- I don't remember specific date.
23
Q.
But it was somewhere around February, is that
24
correct?
25
A.
Maybe less.
That was the
That sounds pretty right.
Yes, around.
Filed 07/06/11 Page 48 of 51
Q.
Could it have been as late as June?
A.
I contacted the agents around February, so I don't
remember when I signed actual contract.
MR. MOSS:
Your Honor, I have a document.
If I could
approach the witness and show it to her, it may refresh her
memory.
THE COURT:
Q.
agreement.
48
BY MR. MOSS:
You may approach.

I would like you to look at this
10
A.
Okay.
Yes.
11
Q.
Does that give you a better recollection as to when
12
you signed a cooperation agreement with the Government?
13
A.
Well, yes.
14
Q.
And in fact would that have been as late as May 11th,
15
2007?
16
A.
Yes.
17
Q.
By May of 2007, Dr. Popov was history to the Folsom
18
Avenue clinic, is that correct?
19
MR. FERRARI:
20
THE COURT:
Objection.
BY MR. MOSS:
Sustained.
21
Q.
Do you have any information that he
22
provided any services in May 2007?
23
A.
No, I don't know.
24
Q.
And you would say the same thing about Dr. Prakash,
25
is that correct?
49
Filed 07/06/11 Page 49 of 51
A.
Yes.
Q.
I would like, if we could, draw up the Exhibit 110.
Do you recall testifying about Exhibit 110 --
A.
Yes.
Q.
-- on direct.
transcranial doppler information?
000026.
Is that the same type of form that you used at the clinic?
A.
Yes.
10
Q.
And this document has initials at the bottom.
11
know what those initials are?
12
A.
No, I don't know.
13
Q.
And there's a check box TCD, capital T, capital C,
14
capital D.
And did you testify about the

If we can go to page 26,
That's a document that says initial treatment program.
Do you
Does that stand for transcranial doppler?
15
MR. FERRARI:
16
THE COURT:
Objection.
Lacks foundation.
BY MR. MOSS:
Sustained.
17
Q.
18
document?
19
A.
I don't know actual English words for that test.
20
Q.
Weren't you asked about this on direct examination?
21
MR. FERRARI:
22
THE COURT:
Do you know what TCD stands for on this
23
24
25
Q.
Objection.
Sustained.
BY MR. MOSS:
THE COURT:
Moving to -Counsel, if you're going to move, we're
at 4:30 right now.

1
MR. MOSS:
THE COURT:
MR. MOSS:
THE COURT:
MR. MOSS:
Pardon me?
I wasn't finished.
I understand.
But it's 4:30.
You can
That's okay.
I plan on being here one way
or the other.
8
9
I'm not finished, Your Honor.
come back Monday.
6
7
50
Filed 07/06/11 Page 50 of 51
THE COURT:
I expect that you will be one way or the
other.
10
Ladies and gentlemen, this will conclude the time
11
that you're going to have in trial for this week.
12
this coming Monday, that is, June 6th, 2011, at 9:00 a.m. And
13
we will in session the 6th, 7th and 8th of next week.
14
15
We'll return
Are there any questions regarding timing or anything

else that I should address before I excuse you?
16
If not, please remember all of your admonitions
17
regarding discussing the case, forming opinions, reading any
18
articles about this case or anyone that has anything to do with
19
it.
20
you.
Please be safe, and we'll see you back next Monday.

You're excused.
Thank
You may step down as well.
21
(Jury out.)
22
(End of partial transcript.)
23
24
25

1
Filed 07/06/11 Page 51 of 51
51
CERTIFICATION
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3
I, Diane J. Shepard, certify that the foregoing is a
correct transcript from the record of proceedings in the
above-entitled matter.
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9
10
11
/s/ DIANE J. SHEPARD

DIANE J. SHEPARD, CSR #6331, RPR
Official Court Reporter
United States District Court
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Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 1 of 51

IN THE UNITED STATES DISTRICT COURT

---oOo--REPORTER'S PARTIAL TRANSCRIPT

DIANE J. SHEPARD, CSR #6331, RPR

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 2 of 51

For the Government:

For the Defendant, Lana Le Chabrier

For the Defendant, Alexander Popov:

For the Defendant, Ramanathan Prakash:

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 3 of 51

WEDNESDAY, JUNE 1, 2011

a witness called by the Government, having been first duly

nothing but the truth, testified as follows:

Now, you came here from Kazakhstan?

So it's good to know that Borat's just a movie.

How are you doing?

So, anyway, when you came here in 2001, you --

Mr. Ferrari asked you, you got arrested at a store?

And where -- were you stealing with some other girls

Who did you get arrested with?

There was my friend and my sister.

to steal the merchandise?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 4 of 51

Who got caught first?

And then I noticed when you got arrested in 2008 you

basically lost your job, is that correct?

And you said you didn't have any money, remember

Then I noticed that you received $4,700 from the FBI

on August 27, 2008.

I don't remember the date.

Was -- do you remember -- do you want me to -- do you

want to refresh your memory or do you approximately remember

getting a $4,700 payment?

remember the date.

So you received -- do you remember how much you

received total, is it 12, 13,000 dollars from the Government in

Do you remember receiving that in one

I approximately remember how much was it, but I don't

Did you remember receiving $6,773 from the HHS

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431

Filed 07/06/11 Page 5 of 51

Well, were you -- was that a true statement when you

So did you spend all the money that the Government

had given you previously, the 12, 13,000 dollars?

What did you spend it on?

Paying off debt.

What kind of debt?

And while you were working at the clinic, you said

your salary was 1200 a week?

And when you first started --

Misstates the evidence.

ask her again.

referred you to this clinic?

How much was your salary a week?

DIANE J. SHEPARD, OFFICIAL COURT REPORTER, USDC -- (916) 554-7460

Case 2:08-cr-00427-MCE Document 431