Jim Greer deposition transcript part 2

7/31/2019 Jim Greer deposition transcript part 2

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1 IN THE CIRCUIT COURT OF THESECOND JUDICIAL CIRCUIT, IN

2 AND FOR LEON COUNTY, FLORIDA

3

4 JAMES GREER,

5 Plaintiff,

6 vs. CASE NO. 2012-CA-0962

7 REPUBLICAN PARTY OF FLORIDAMIKE HARIDOPOLOS, and

8 JOHN THRASHER,

9 Defendant.

___________________________/10

11 VOLUME 2

12 DEPOSITION OF: JAMES GREER

13 TAKEN AT THE INSTANCE OF: Defendant Haridopolos

14 DATE TAKEN: May 24, 2012

15 LOCATION: 909 E. Park AvenueTallahassee, Florida

16COMMENCING: 12:58 p.m.

17CONCLUDING: 5:16 p.m.

18

19 REPORTED BY:

20 PEGGY OWENS

21 REGISTERED PROFESSIONAL REPORTER

22 REGISTERED MERIT REPORTER

23

24

25

PEGGY OWENS & ASSOCIATES (850)222-6010


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1 A P P E A R A N C E S

2 DAMON CHASE, Attorney at Law, of the law

3 offices of Chase?Freeman, 1525 International Parkway,

4 Suite 4021, Lake Mary, Florida 32746; appeared on

5 behalf of the Plaintiff.

6 STEPHEN S. DOBSON, III, Attorney at Law, of

7 the law offices of Dobson, Davis & Smith, 610 N. Duval

8 Street, Tallahassee, Florida 32301; appeared on behalf

9 of the Republican Party of Florida.

10 DEAN LEBOEUF, Attorney at Law, of the law

11 firm of Brooks, LeBoeuf, Bennett, Foster & Gwartney,

12 P.A., 909 East Park Avenue, Tallahassee, Florida

13 32301; appeared on behalf of the Defendant Haridopolos.

14 KENNETH W. SUKHIA, Attorney at Law, Sukhia

15 Law Group, 2846 Remington Green Circle, Suite B,

16 Tallahassee, Florida 32308; appeared on behalf of

17 Defendant Thrasher.

18

19 I N D E X

20 WITNESS PAGE

21 James Greer

22 Direct Examination by Mr. LeBoeuf 178

23

24

25


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1 E X H I B I T S

2 NO. PAGE

3 6 - Fundraising Services Agreement 188

4 7 - Victory Strategies, LLC, State Filing 198

5 8 - Gray/Robinson Letter dated 2/13/09 217

6 9 - SunTrust Business Account Signature Card 219

7 10 - Forward Strategies Fundraising Services

8 Agreement 233

9 11 - E-mail Dated 4/7/09 236

10 12 - E-mail Dated 3/9/09 & Attachments 279



13 15 - SunTrust Account Statement & Attachments 301

14 16 - E-mail Dated 6/15/09 306

15 17 - VS March 2009 Invoice & Attachments 307


17 19 - Memo To Swartz & Attachments 312

18 20 - Memo To Swartz & Attachments 318

19 21 - Memo From Swartz & Attachments 322

20 22 - 1099-MISC Copies 334

21 23 - VS Detailed Analyses Year Ended 12/31/09 335

22 24 - SunTrust Account Statement 336

23

24

25


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1 D E P O S I T I O N

2 Whereupon,

3 JAMES A. GREER,

4 called as a witness; after having been first duly

5 sworn, was examined and testified as follows:

6 DIRECT EXAMINATION

7 BY MR. LeBOEUF:

8 Q Okay. A couple housekeeping issues,

9 Mr. Greer. Going back on the record, as we sit here

10 now, is there anything about your testimony this

11 morning, as we've had a break and had lunch, that you

12 think, oh, gee, that was a mistake, I didn't mean that.

13 This is what I meant to say. Anything you would like

14 to change about what we already talked about?

15 A I don't believe so.

16 Q Okay. You understand we are still on the

17 record? You are still under oath?

18 A Yes.

19 Q Okay. I want to talk about Victory

20 Strategies, okay? You told me before the break that

21 you had a discussion with Mr. LeMieux where you said he

22 suggested it was his idea during a phone conversation

23 when you were in your driveway, it was his idea that

24 you take over fundraising responsibilities for RPOF; is

25 that right?


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1 MR. CHASE: Object to form.

2 THE WITNESS: Yes.

3 BY MR. LeBOEUF:

4 Q Okay. Now, Mr. LeMieux did not suggest that

5 you create Victory Strategies or any other corporation

6 to do that, did he?

7 A No.


9 BY MR. LeBOEUF:

10 Q And when he had this discussion with you, you

11 suggested that Delmar Johnson also be involved with you

12 with the fundraising for the Party, right?


14 THE WITNESS: No. I don't, I don't recall

15 whether it was my suggestion or George's

16 suggestion. I do recall George made a comment

17 that Delmar is great at that, and you and Delmar

18 will do a great job at it.

19 BY MR. LeBOEUF:

20 Q Okay. And though we can agree that in terms

21 of this communication with Mr. LeMieux, the idea would

22 be that you alone or you and Delmar, whoever brought up

23 that discussion, would be doing the fundraising for the

24 Party?

25 A Yes.


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2 BY MR. LeBOEUF:

3 Q And I believe we talked this morning about

4 your role as Chairman. And I think you told me that it

5 was not part of your duties, responsibilities, or job

6 description as Chairman to do any fundraising up until

7 this point; is that correct?


9 THE WITNESS: I don't believe that's what my

10 response was.

11 BY MR. LeBOEUF:

12 Q Okay.

13 A I said that initially for the first year and

14 a half -- and I use that time frame -- Meredith handled

15 everything. She scheduled the events. I had very

16 little involvement. I was told where to be. Who to

17 introduce. And she would tell me how much we had

18 raised at the conclusion of events.

19 Q Okay. And you told me that something

20 changed. I thought the change was precipitated by this

21 communication with Mr. LeMieux. Obviously that was an

22 assumption I made that was not correct.

23 So you said for about a year and a half

24 Meredith did everything and told you where to be and

25 told you how much was raised. Tell me how that changed


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1 and when.


3 THE WITNESS: The 2008 presidential election

4 caused significant hardship on the Party, the

5 general party. Because a lot of money that was

6 heading to the general party got misdirected --

7 well, not misdirected, got directed to other parts

8 of the Party.

9 And when I say it changed, there just was

10 different efforts on Meredith O'Rourke's part

11 where the fundraising was going to go.

12 BY MR. LeBOEUF:

13 Q Okay.

14 A At some point in time, you know, I was going

15 to the Governor explaining -- you know, he was very

16 interested in how much we brought in, who it came from,

17 so on.

18 So at some point in time I was having to

19 inform the Governor that, you know, the general Party

20 needs help.

21 Q When you say the general Party you are

22 talking about RPOF?

23 A Yes.


25 THE WITNESS: Although, I was told it was


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1 illegal for the general Party, for the Republican

2 Party of Florida to have earmarked accounts, we,

3 in fact, did have earmarked accounts.

4 BY MR. LeBOEUF:

5 Q Who told you it was illegal?

6 A The General Counsel.


8 THE WITNESS: The General Counsel, the

9 Finance Director.

10 BY MR. LeBOEUF:

11 Q So when you say General Counsel, you are

12 talking about Jason Gonzalez?

13 A Yes.

14 Q When you say the Finance Director, who are

15 you talking about?

16 A Richard Swartz.

17 Q Okay.

18 A Anytime there was an effort to talk about

19 money being earmarked, everyone would panic and inform

20 me I should never use that term because that's against

21 the law.

22 Q And earmarking would be specifically

23 identifying money from donors for the Republican Party

24 of Florida?



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1 THE WITNESS: Not identifying donors, but

2 identifying who is the recipient of the money

3 within the Party.

4 BY MR. LeBOEUF:

5 Q I'm sorry, I thought that's what I said.

6 A I'm sorry.

7 Q In terms of it was illegal, it was your

8 understanding from Jason Gonzalez and from Richard

9 Swartz that it was illegal for a donor to designate

10 their donation to the Republican Party of Florida?


12 THE WITNESS: Yes.

13 BY MR. LeBOEUF:

14 Q So how was the Republican Party of Florida

15 supposed to get money?


17 THE WITNESS: Well, the Party, itself, as a

18 legal entity, from my understanding, was supposed

19 to get contributions. And the way the Party

20 operated is you had -- and prior to the leadership

21 funds that they now have, that were created by the

22 legislature to not have to answer to the structure

23 of RPOF, prior to that there was the House

24 fundraising, the Senate fundraising, the general

25 Party.


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1 People would write checks and earmark it to

2 go to the House, to go to the Senate, to go to the

3 general campaign, to go to the victory account.

4 And whenever that would occur, you know,

5 there would be some concern that we cannot earmark

6 this money. Chairman, you need to never use that

7 term. Jim, never use that term because it is

8 illegal; but, in fact, it occurs.

9 BY MR. LeBOEUF:

10 Q Okay. Let's move on to Victory Strategies.

11 I think we've had discussion regarding Mr. LeMieux's

12 communication about you taking over fundraising and the

13 other issues associated with that.

14 How did that then ultimately become embodied

15 in the creation of Victory Strategies?


17 THE WITNESS: Well, after I consulted with

18 GrayRobinson, their recommendation was to form an

19 LLC versus a corporation. We formed an LLC.

20 My position was I wanted to do it right. I

21 wanted to have a corporation. I wanted to have a

22 contract with the Party. I wanted to make sure we

23 had the tax issues in order. And that we did

24 everything that we were supposed to do as it

25 relates to having that relationship with the


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1 party.

2 GrayRobinson recommended the LLC. We formed

3 the LLC. Delmar Johnson handled everything to do

4 with that LLC. I didn't even know where we opened

5 the bank account up, how much money we had in the

6 bank.

7 He would inform me of what Victory

8 Strategies' commission was. And you know, I don't

9 know, I don't believe I even ever signed any

10 documents. I think it was Delmar.

11 But the idea came from talking to

12 GrayRobinson about what is the proper thing to do.

13 And the proper thing at their recommendation was

14 forming an LLC.

15 BY MR. LeBOEUF:

16 Q Okay. Let's back up on that.

17 A Sure.

18 Q You said the first communication with

19 GrayRobinson was actually with John Harris, right?

20 A Yes.


22 BY MR. LeBOEUF:

23 Q You acknowledge that Mr. Harris is not a

24 lawyer. You knew that, right?



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1 THE WITNESS: Yes.

2 BY MR. LeBOEUF:

3 Q Okay. Who initiated the communication with

4 Mr. Harris?

5 A I did.

6 Q Okay.


8 BY MR. LeBOEUF:

9 Q And in that communication did you tell me it

10 was on the phone and you and Delmar were on the phone

11 with Mr. Harris?


13 THE WITNESS: Yes. Delmar was in my office

14 on the couch, sitting on the couch.

15 BY MR. LeBOEUF:

16 Q Okay. So you called from your office at

17 RPOF?



20 BY MR. LeBOEUF:

21 Q All right. And tell me about what transpired

22 in that communication.


24 THE WITNESS: Well, I wanted to make sure we

25 did everything right. Got John Harris on the


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1 phone. Told him we were going to be setting up a

2 fundraising political consulting firm.

3 And he talked about the pros and cons of

4 corporations, the pros and cons of LLCs. He then

5 said, I will get you another, I will get you --

6 there was an attorney that he later called back

7 and said he spoke to.

8 And then an attorney called me from

9 GrayRobinson. I don't remember the attorney's

10 name. And the attorney discussed with me setting

11 up the corporation versus the LLC.

12 And it was ultimately decided, upon their

13 recommendation, to set up the LLC.

14 BY MR. LeBOEUF:

15 Q Okay. Now, I want to be clear on this. The

16 communications about whether you do an LLC or a

17 corporation, are you saying that started with John

18 Harris, even though John is not a lawyer?

19 A No.


21 THE WITNESS: No. The initial discussion was

22 I told Delmar, prior to getting John Harris on the

23 phone, that I wanted to do it the right way. And

24 we should form a corporation for tax purposes.

25 And we should have a contract with the Party.


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1 But I didn't know what was the right way to

2 go. And I said, John Harris -- who I had worked

3 with for many, many years was a good friend, very

4 honorable person -- he, I called him.

5 I explained what we were doing. He said, let

6 me get back to you. He spoke to one of his

7 attorneys in the firm. He called me back I think

8 a day later. Another attorney called me back,

9 discussed it with me. Then the attorney started

10 dealing with Delmar after that.

11 MR. CHASE: Object to the form.

12 BY MR. LeBOEUF:

13 Q So it is your testimony that Delmar is

14 actually the person who engaged GrayRobinson on behalf

15 of Victory Strategies to form Victory Strategies?


17 THE WITNESS: No. I engaged GrayRobinson. I

18 was the person who picked up the phone, called

19 GrayRobinson, asked GrayRobinson questions.

20 Wanted legal advice from GrayRobinson. Talked to

21 the attorney. Talked to John Harris.

22 Once the decision had been made, then the

23 administrative side of Victory Strategies Delmar

24 took over. But Delmar did not talk to them

25 initially. Delmar was not -- he was sitting on


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1 the couch, but he didn't open his mouth.

2 BY MR. LeBOEUF:

3 Q Okay. Do you know when Victory Strategies

4 was created?


6 THE WITNESS: I don't, I don't recall the

7 exact date.

8 BY MR. LeBOEUF:

9 Q Okay. Let me show you a document, which we

10 will refer to for identification purposes as Exhibit 6.

11 Do you recognize this document.

12 A I do.

13 (Whereupon, the document was marked as

14 Deposition Exhibit No. 6.)

15 BY MR. LeBOEUF:

16 Q What is it?

17 A It is the --


19 THE WITNESS: It is the contract between

20 Victory Strategies and the Republican Party of

21 Florida.

22 BY MR. LeBOEUF:

23 Q Okay. And what is the date of the agreement?


25 THE WITNESS: I believe it is February 1st.


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1 BY MR. LeBOEUF:

2 Q 2009?

3 A Uh-huh.

4 Q And who signed the document?


6 THE WITNESS: Myself and Delmar Johnson.

7 BY MR. LeBOEUF:

8 Q So you signed the contract on behalf of the

9 Republican Party of Florida?

10 A I did.


12 BY MR. LeBOEUF:

13 Q And Mr. Johnson signed on behalf of Victory

14 Strategies?

15 A He did.


17 BY MR. LeBOEUF:

18 Q Okay. And by this contract, it would

19 indicate that Victory Strategies was a corporation,

20 correct, on page one?


22 THE WITNESS: Let me see, where does it say

23 that?

24 BY MR. LeBOEUF:

25 Q First paragraph, just before, just above P O


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1 Box 1735. It says Victory Strategies, Inc.

2 A Yes.

3 Q Okay. But on the last page where Mr. Johnson

4 signed, it says Victory Strategies, LLC; right?


6 THE WITNESS: Yes.

7 BY MR. LeBOEUF:

8 Q You drafted this agreement, right?

9 A I didn't draft it.


11 BY MR. LeBOEUF:

12 Q Who prepared it?

13 A It was in the computer. It had been utilized

14 with other fundraisers.

15 Q Well, what you are saying is you had some

16 form language, but you ultimately are the individual

17 who took the information from the computer and

18 substituted other parties' names and other paragraphs

19 and put in Victory Strategies into this fundraising

20 agreement; right?


22 THE WITNESS: I think I instructed my

23 secretary to do that.

24 BY MR. LeBOEUF:

25 Q Okay. And who would that have been?


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1 A I believe that was Lela Whitfield.

2 Q Lela Whitfield?

3 A Uh-huh.

4 Q Did you have any other secretaries?


6 THE WITNESS: No.

7 BY MR. LeBOEUF:

8 Q Anybody else you would have do this if it

9 wasn't Lela Whitfield?

10 A No.


12 BY MR. LeBOEUF:

13 Q Okay. So it is your belief that you had Lela

14 Whitfield go into the form contracts RPOF had in its

15 computers and modified one of those form contracts to

16 create the document that we've identified as Exhibit 6

17 to your deposition?


19 THE WITNESS: Not any form contract. The

20 fundraising contracts we had used previously.

21 BY MR. LeBOEUF:

22 Q Fair enough. And you instructed her to put

23 in the name Victory Strategies and to identify Victorty

24 Strategies, LLC, as the consultant and you had signed

25 as the Party --


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2 BY MR. LeBOEUF:

3 Q -- on behalf of the Republican Party of

4 Florida.


6 THE WITNESS: I believe so.

7 BY MR. LeBOEUF:

8 Q All right. Did you tell Lela Whitfield that

9 you had any ownership interest in Victory Strategies?


11 THE WITNESS: No.

12 BY MR. LeBOEUF:

13 Q With regard to your instructions, you

14 instructed Ms. Whitfield of all the information to

15 include in this fundraising services agreement?


17 THE WITNESS: Well, when you say all this

18 information, a significant portion of it was the

19 standard language we had used in previous

20 fundraising agreements.

21 BY MR. LeBOEUF:

22 Q Right.

23 A I had her remove a monthly fee and simply

24 have a 10 percent commission. And that P. O. Box 1735

25 is not my handwriting. So I don't know whose


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1 handwriting that is. But it was a standard fundraising

2 contract that we had used with other fundraisers.

3 Q Well, you certainly reviewed and approved all

4 of the language in this fundraising services agreement

5 with Victory Strategies; correct?


7 THE WITNESS: I reviewed it, yes.

8 BY MR. LeBOEUF:

9 Q Okay. And you helped create it based on what

10 we talked about, right?



13 BY MR. LeBOEUF:

14 Q All right. And let's go to paragraph four of

15 the agreement.

16 A Okay.

17 Q The heading on paragraph four is

18 Confidentiality, right?

19 A Uh-huh.


21 BY MR. LeBOEUF:

22 Q And the last sentence of paragraph four says,

23 "In addition to the terms of the Non-delegable -- non-

24 disclosure agreement, Consultant" -- which would be

25 Victory Strategies, right?


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1 A Uh-huh.

2 Q "Acknowledges that all matters related to the

3 finance plan, income received and all financial

4 information or discussions related to these topics

5 shall not be disclosed to any person, including major

6 donors or members of the RPOF Finance Committee without

7 the express approval of the Chairman or Executive

8 Director of the RPOF."

9 A Uh-huh.

10 Q Correct?

11 A Uh-huh.



14 BY MR. LeBOEUF:

15 Q You authorized and directed that language be

16 included in this agreement, correct?


18 THE WITNESS: No. That language is included,

19 and in some agreements much more extensive,

20 requiring confidentiality. All fundraising

21 agreements that the Party had, had a very strong

22 confidentiality provision.

23 That language came from some other agreement.

24 It is not logical for me to bind myself to not

25 tell anyone. So it was language that was pulled


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1 out from any other agreement.

2 BY MR. LeBOEUF:

3 Q Well, sir, is it your testimony that the

4 language we just read from paragraph four is included

5 in all of the fundraising services agreements?


7 THE WITNESS: No.

8 BY MR. LeBOEUF:

9 Q Okay. And isn't it true that none of the

10 other fundraising service agreements with RPOF have the

11 inherent conflict of interest that this contract has,

12 because in this contract you are an owner of the

13 consulting company that RPOF is contracting with?


15 THE WITNESS: There is no conflict because we

16 performed a service. This was a confidentiality

17 provision that all fundraising agreements had.

18 And we weren't disclosing not only from this

19 agreement; but when you presented to me my oath

20 today, it says I was not allowed to disclose

21 anything to outside parties relating to RPOF

22 activities.

23 So as the fundraiser, I not only would have

24 violated this agreement, I would have violated my

25 oath if I disclosed it.


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1 BY MR. LeBOEUF:

2 Q You acknowledge in this fundraising

3 agreement, you are the Chairman of the RPOF; correct?


5 THE WITNESS: Yes.

6 BY MR. LeBOEUF:

7 Q You are the majority owner in the consulting

8 company in this contract, Victory Strategies.


10 BY MR. LeBOEUF:

11 Q Right?

12 A Yes, that's correct.

13 Q And you don't see that as a conflict of

14 interest?


16 THE WITNESS: I do not because we were

17 performing a --

18 MR. CHASE: He didn't ask you why.

19 BY MR. LeBOEUF:

20 Q Why not?


22 BY MR. LeBOEUF:

23 Q Why isn't it a conflict of interest?


25 THE WITNESS: Because we were performing a


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1 specific and additional service to the Republican

2 Party that I had advised the Governor of. I had

3 advised George LeMieux of. And more importantly,

4 if I had wanted to do anything that was

5 inappropriate, I would not have to have entered

6 into this agreement.

7 I wanted to make sure that we did everything

8 right and had an agreement binding. I handed it

9 to the Chief Financial Officer and told him to

10 file it.

11 BY MR. LeBOEUF:

12 Q You did this -- told him to file what?

13 A This agreement.


15 BY MR. LeBOEUF:

16 Q And there is nothing about this agreement

17 that identifies your ownership interest in Victory

18 Strategies, is there?

19 THE WITNESS: No.


21 BY MR. LeBOEUF:

22 Q So no one who looks at this agreement,

23 Exhibit 6 to your deposition, has anyway of knowing

24 that you, Mr. Greer, had any interest in Victory

25 Strategies, do they?


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1 MR. CHASE: Object to form. And I would ask

2 counsel to lower his tone.

3 THE WITNESS: That's correct.

4 BY MR. LeBOEUF:

5 Q Let's go back to the incorporation of Victory

6 Strategies. Victory Strategies didn't even exist on

7 February 9 -- February 1st, 2009, did it?


9 THE WITNESS: I don't know because

10 Mr. Johnson took care of that.

11 MR. LeBOEUF: I would like to show you

12 another document which we will -- I have a

13 document we will identify as Exhibit No. 7 to your

14 deposition.



17 BY MR. LeBOEUF:

18 Q Can we agree that Exhibit No. 7 is a

19 certification from the State of Florida, Department of

20 State, indicating that the Articles of Incorporation of

21 Victory Strategies, Incorporated, a limited liability

22 company under the laws of the State of Florida were

23 filed on February 4th, 2009?


25 THE WITNESS: It appears that's when


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1 GrayRobinson filed the Articles of Incorporation.

2 BY MR. LeBOEUF:

3 Q Okay. And with regard to Victory Strategies,

4 unlike the other corporations that you have been

5 involved in, you didn't participate in or draft these

6 articles, did you?


8 THE WITNESS: No. This was in conjunction

9 with seeking legal advice from GrayRobinson of

10 what would be the appropriate method to create

11 this entity.

12 BY MR. LeBOEUF:

13 Q Whose idea was it to conceal your name from

14 any of the official documents recorded on behalf of

15 Victory Strategies?


17 THE WITNESS: The suggestion to not make

18 anyone aware initially was Delmar Johnson's.

19 BY MR. LeBOEUF:

20 Q So it was Delmar's idea that none of the

21 public disclosures associated with Victory Strategies

22 should contain any reference to your majority ownership

23 interest?


25 THE WITNESS: His suggestion was that if


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1 Meredith O'Rourke became aware that we were

2 assuming responsibility for fundraising, that she

3 would interfere in our ability to raise money for

4 the Party.

5 BY MR. LeBOEUF:

6 Q And how would she do that?


8 THE WITNESS: As she had been, as she had

9 done many times before that other fundraisers had

10 concerns about. Fundraising is a dog-eat-dog

11 world. One fundraiser will kill off another

12 fundraiser in a heartbeat to get that commission

13 check.

14 BY MR. LeBOEUF:

15 Q Okay. It is your understanding at that time

16 that Ms. O'Rourke was being paid a commission and not a

17 flat fee?


19 THE WITNESS: During this time?

20 BY MR. LeBOEUF:

21 Q Yes, sir.

22 A I don't believe that she was being -- well,

23 yes. The Governor had told me to pay her $5,000 a

24 month to keep the bitch's mouth shut. So she continued

25 to -- that was the quote he used.


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2 THE WITNESS: She still was a contracted

3 fundraiser with the Party.

4 BY MR. LeBOEUF:

5 Q But she wasn't on commission, was she?


7 THE WITNESS: I don't recall what that last

8 contract said. I thought it had a commission

9 provision in it.

10 BY MR. LeBOEUF:

11 Q Referring to Page two of Exhibit No. 7.

12 A Okay. This?

13 Q Yes.

14 A Who is Marie-Anne Luber.


16 THE WITNESS: I do not know.

17 BY MR. LeBOEUF:

18 Q Have you ever met her?

19 A No.


21 BY MR. LeBOEUF:

22 Q Do you know why she is designated as the

23 authorized representative for Victory Strategies?


25 THE WITNESS: I assume she is an employee of


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1 GrayRobinson.

2 BY MR. LeBOEUF:

3 Q Did you ever have a conversation with

4 Ms. O'Rourke in 2008, before the formation of Victory

5 Strategies, where you asked her if she would like to go

6 into business with you; and that if she did, the two of

7 you could make a lot of money as fundraisers?


9 THE WITNESS: Absolutely not.

10 BY MR. LeBOEUF:

11 Q So if she were to testify that you had this

12 conversation and she turned you down, she would be

13 lying?

14 A She would be lying.


16 BY MR. LeBOEUF:

17 Q And just for the record, when Victory

18 Strategies was created, it was created with you as the

19 majority shareholder with 60 percent interest?


21 BY MR. LeBOEUF:

22 Q The limited liability company.



25 BY MR. LeBOEUF:


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1 Q And Mr. Johnson had a 40 percent interest?


3 THE WITNESS: Yes.

4 BY MR. LeBOEUF:

5 Q And whose idea was that?


7 THE WITNESS: Mr. Johnson initially felt that

8 he should get half, 50/50; but at the conclusion

9 of it -- I don't recall how it came to be -- but

10 at the end I would have 60 percent and he would

11 have 40.

12 BY MR. LeBOEUF:

13 Q Well, obviously if he started out wanting to

14 have half, you negotiated him down to an interest less

15 than half; right?


17 THE WITNESS: Negotiated is not, I don't

18 think, the proper term. But the end conclusion

19 was that I would have 60 and he would have 40.

20 BY MR. LeBOEUF:

21 Q What would be the proper term?


23 BY MR. LeBOEUF:

24 Q Is it because it was your idea and your

25 corporation and he was lucky to get 40 percent?


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2 THE WITNESS: No. It was actually, you know,

3 it was thought processed that I would get 60 and

4 he would get 40.

5 BY MR. LeBOEUF:

6 Q Whose process?


8 THE WITNESS: Both.

9 BY MR. LeBOEUF:

10 Q How did it change if he started out wanting

11 50 percent? How did it become his thought process that

12 he would get 40 percent and you would get 60 percent?


14 THE WITNESS: I don't recall.

15 BY MR. LeBOEUF:

16 Q If he said that you indicated that it was

17 your idea and that he was lucky to get 40 percent,

18 would he be wrong?


20 THE WITNESS: If he made that statement, he

21 would be wrong.

22 BY MR. LeBOEUF:

23 Q That wouldn't be true?

24 A That wouldn't be true.



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1 BY MR. LeBOEUF:

2 Q Whose idea was it that Mr. Johnson would be

3 the only officer and the sole manager of Victory

4 Strategies?


6 THE WITNESS: Mr. Johnson.

7 BY MR. LeBOEUF:

8 Q And whose idea was it that your name wouldn't

9 appear on any of the public documents associated with



12 THE WITNESS: It was his suggestion that the,

13 when we sat down and talked about it.

14 BY MR. LeBOEUF:

15 Q Okay. Who else was present in that time?


17 THE WITNESS: Only him and I.

18 BY MR. LeBOEUF:

19 Q Okay. And why did he suggest that?


21 THE WITNESS: Because he said if Meredith

22 finds out that we are doing the fundraising for

23 the Party, she will kill us off, was the exact

24 term he used.

25 BY MR. LeBOEUF:


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1 Q Well, wasn't there a concern that the

2 Republican Party of Florida or the Governor would have

3 concerns that you were engaged in fundraising as the

4 Chair and taking a commission for that activity?


6 THE WITNESS: That was not part of the

7 discussion. I had already talked to the Governor

8 about this on several occasions. It was the fact

9 that when the conclusion was made that we would

10 assume responsibility for doing fundraising,

11 Delmar said, and I agreed, that Meredith would try

12 and kill us off and we wouldn't be able to raise a

13 dime.

14 BY MR. LeBOEUF:

15 Q Mr. Greer, isn't it true that you never had

16 any discussions with the Governor about your

17 fundraising on behalf of the Party through a separate

18 organization such as Victory Strategies?


20 THE WITNESS: The Governor was never aware of

21 the company name. The Governor was aware and

22 approved and directed me to take over fundraising

23 for the Republican Party of Florida and pay myself

24 a commission. We discussed it no less than three

25 times.


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1 BY MR. LeBOEUF:

2 Q Did you ever tell the Governor that you were

3 doing the fundraising through Victory Strategies, and

4 that you were a majority owner in Victory Strategies?


6 THE WITNESS: Charlie and I never discussed

7 the corporate entity name.

8 BY MR. LeBOEUF:

9 Q That didn't directly answer my question. Did

10 you ever discuss with the Governor and tell the

11 Governor that you weren't going to do the fundraising

12 for the Party in your own name; but instead, you were

13 forming Victory Strategies and that you were a majority

14 owner in Victory Strategies, and you were going to

15 conceal your fundraising activities through that

16 corporation?


18 THE WITNESS: I never informed the Governor

19 of the name of the corporate entity Victory

20 Strategies.

21 BY MR. LeBOEUF:

22 Q Okay. Did you ever tell the Governor that

23 you had a majority ownership interest in Victory

24 Strategies?



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1 THE WITNESS: If I had never told him about

2 Victory Strategies, I wouldn't tell him I had the

3 majority ownership.

4 BY MR. LeBOEUF:

5 Q So we can agree that the Governor never had

6 any idea that you were the majority owner of Victory

7 Strategies, correct?


9 THE WITNESS: The Governor did not know the

10 name Victory Strategies.

11 BY MR. LeBOEUF:

12 Q Did the Governor know you had a majority

13 interest in any fundraising company doing fundraising

14 for the Republican Party of Florida?


16 THE WITNESS: The Governor knew I was going

17 to be doing fundraising for the Party, and I was

18 receiving a commission to do so.

19 BY MR. LeBOEUF:

20 Q But he had no idea you had a majority

21 interest in any corporation, including Victory

22 Strategies; correct?


24 THE WITNESS: The Governor did not know the

25 name Victory Strategies.


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1 BY MR. LeBOEUF:

2 Q Or any other corporation that you were doing

3 fundraising through?


5 THE WITNESS: He did not know that I was

6 doing fundraising through a legal entity called

7 Victory Strategies.

8 BY MR. LeBOEUF:

9 Q Did anyone, other than Delmar Johnson and the

10 lawyers at a GrayRobinson, know that you were doing

11 fundraising for the Republican Party of Florida

12 through -- strike that.

13 Did anyone, other than the lawyers at

14 GrayRobinson and Delmar Johnson, know that you had a

15 majority interest in Victory Strategies?


17 THE WITNESS: Jason Gonzalez knew I had an

18 interest in Victory Strategies. I don't believe

19 that I told him it was a majority interest.

20 BY MR. LeBOEUF:

21 Q When did Jason Gonzalez learn you had an

22 interest in Victory Strategies?


24 THE WITNESS: There was a meeting in my

25 office in which Gonzalez, Rimes -- I believe Eric


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1 might have been there. That was in late

2 afternoon. And it was a, it was a meeting that I

3 was upset because we had just come from a meeting

4 where the political consultants and the political

5 staff talked about voter suppression and keeping

6 blacks from voting. And it had been a very tense

7 day.

8 And they came in to my office and sat down

9 and started asking me numerous questions that were

10 being circulated about fundraising in New York

11 City, limousines, paying bills for the Governor, I

12 believe was some of the questions. I don't

13 remember the exact conversation.

14 But Jason Gonzalez asked me if I had an

15 ownership in Victory Strategies. And I was

16 already frustrated because of this previous

17 meeting about keeping blacks from voting. And I

18 said, I was angry, I responded very angrily to

19 him. I said, no, I don't have an interest in

20 Victory Strategies. I told him that for several

21 reasons.

22 One, he had been telling me all these rumors

23 going on about how this gang of five was going to

24 try to remove me from being Chairman. There were

25 also two people that were not part of RPOF in that


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1 meeting, and had no right to have the information

2 to that. I think that was Eric and Jim Rimes.

3 And I answered that question. And I also

4 told him in the context of that broader discussion

5 of all these accusations that were going around

6 that I did not have an interest in Victory

7 Strategies.

8 BY MR. LeBOEUF:

9 Q Okay. When did this conversation occur?

10 A I want to say it was in the --

11 MR. CHASE: Object to form. You didn't

12 answer the question. The original question was

13 when did you tell him that you had an interest in

14 Victory Strategies. And you said, you just said

15 that you did not.

16 THE WITNESS: When --

17 BY MR. LeBOEUF:

18 Q My question to you now is --

19 MR. CHASE: We can read --

20 MR. LeBOEUF: I am moving to strike as

21 non-responsive.

22 BY Mr. LeBoeuf:

23 Q I'm accepting your answer. The answer you

24 gave me was true, wasn't it?

25 A Yes.


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1 Q When was the communication with you and

2 Mr. Gonzalez where you told him and you were angry that

3 you did not have an ownership in Victory Strategies?

4 When did that occur?

5 A It was in, it was shortly after that meeting.

6 Him and I walked to the door together. We talked about

7 going to dinner that night. And I believe my wife was

8 in Tallahassee.

9 I told him that, I said, Jason, I do have a

10 interest in Victory Strategies. And he said that's not

11 a problem. No, he said, I don't think that's a

12 problem.

13 Q Hold on a second. You said that you were in

14 the meeting with Mr. Gonzalez, Mr. Rimes. You think,

15 Eric might have been there. Eric Eikenberg, right?

16 A Uh-huh.

17 Q And you were upset. You said in front of

18 those other people, Mr. Rimes and Eric, that Jason

19 Gonzalez asked you if you had an ownership interest in

20 Victory Strategies. And you said no.

21 A Correct.

22 Q All right. When was that meeting when you

23 said no?

24 A Oh, I'm sorry. I believe that meeting was in

25 September. I don't remember the exact date, to be


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1 honest with you.

2 Q It was 2009?

3 A Yeah, it was when, it was when, you know.

4 Q So September 2009, that's fine. When you

5 answer no, that wasn't truthful, was it?

6 A That's correct.

7 Q It is your testimony that after that meeting

8 when everybody else was gone, that you then told

9 Mr. Gonzalez that your earlier comment wasn't true?

10 A Right.

11 Q And that, in fact, you did have an ownership

12 interest?

13 A I said I have a part of Victory Strategies.

14 Q Okay. Did you say anything more than that?

15 A No.

16 Q Okay. By saying a part of Victory

17 Strategies, would it be safe for Mr. Gonzalez to assume

18 you were not the majority owner?


20 BY MR. LeBOEUF:

21 Q You didn't tell him you were a majority

22 owner, did you?

23 A Correct.


25 BY MR. LeBOEUF:


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1 Q And it is your testimony that he told you

2 that wasn't a problem?

3 A He said, I don't think that's a problem.


5 BY MR. LeBOEUF:

6 Q Did you have any other discussions with him

7 about you having any ownership interest in Victory

8 Strategies?


10 THE WITNESS: Not till he prepared the

11 severance agreement and included Victory

12 Strategies in the first two or three drafts of the

13 agreement.

14 MR. CHASE: Finally we get to the severance

15 agreement. I conclude objecting.

16 MR. LeBOEUF: Oh, I doubt that.

17 BY MR. LeBOEUF:

18 Q Let me do a little catching up with you.

19 MR. CHASE: Give me a second to read it.

20 (Brief recess.)

21 BY MR. LeBOEUF:

22 Q Back on. Mr. Greer, I've shown you another

23 document. Do you recognize that as a letter from

24 GrayRobinson to you dated February 13th, 2009?

25 A I do.


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1 Q Okay. The letter is written to you from

2 Richard Blau with the GrayRobinson firm?

3 A It is.

4 Q And in the first paragraph the letter

5 confirms your request that GrayRobinson, PA, represents

6 Victory Strategies, LLC, (Victory) in connection with

7 the above-referenced matter. Is that right?

8 A Yes.

9 Q Okay. And the scope of the representation

10 will be to provide assistance in the creation and

11 maintenance of a for-profit limited liability company

12 to do the business, to do business in Florida?

13 A That's correct.

14 Q This is a true and accurate copy of that

15 letter?

16 A It is.

17 Q Okay. And the letter was copied to John

18 Harris and William Boyles?

19 A It is.

20 Q This letter, this engagement, was never

21 shared with anyone with the Republican Party, other

22 than Delmar Johnson, was it?


24 THE WITNESS: It was not.

25 MR. LeBOEUF: Okay. If I could introduce


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1 this to your deposition as Exhibit 8.



4 BY MR. LeBOEUF:

5 Q Did you ever fulfill the request in Exhibit

6 No. 8 and sign and return this letter to Mr. Blau or

7 anyone with GrayRobinson?


9 THE WITNESS: Yes, I believe I did.

10 BY MR. LeBOEUF:

11 Q Okay. You think you signed it and returned

12 it?

13 A (Nodding head.)

14 Q What about the Victory Strategies bank

15 account?


17 BY MR. LeBOEUF:

18 Q Isn't it true that you -- I haven't finished.

19 MR. CHASE: There was a pause.

20 BY MR. LeBOEUF:

21 Q Isn't it true you directed Mr. Johnson to set

22 up the Victory Strategies bank account with SunTrust?

23 A No.


25 BY MR. LeBOEUF:


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1 Q Did Victory Strategies, LLC, maintain a bank

2 account with SunTrust?


4 THE WITNESS: Yes.

5 BY MR. LeBOEUF:

6 Q Okay. Whose decision was it that you use

7 SunTrust?


9 THE WITNESS: I don't recall. The Party had

10 an account there. I think I had a personal

11 account there. And I think Delmar might have had

12 a personal account there.

13 BY MR. LeBOEUF:

14 Q Didn't you tell Mr. Johnson to set up the

15 Victory Strategies account at SunTrust and direct him

16 to ask for Trisha Miller, the SunTrust employee that

17 you had a relationship with?


19 THE WITNESS: I might have. I don't recall.

20 BY MR. LeBOEUF:

21 Q If Mr. Johnson were to testify that you told

22 him to contact Trisha Miller at SunTrust and set up the

23 Victory Strategies account there, would he be lying?


25 THE WITNESS: I don't believe he would be


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1 lying. It may have occurred.

2 MR. LeBOEUF: Let me show you another

3 document which we will identify as Exhibit No. 9.



6 BY MR. LeBOEUF:

7 Q Do you recognize this to be the arrangement

8 between Victory Strategies, LLC, and SunTrust for the

9 establishment of Victory Strategies' account with

10 SunTrust?


12 THE WITNESS: I've never seen this document

13 before.

14 BY MR. LeBOEUF:

15 Q In reviewing Exhibit NO. 9 to your

16 deposition, the only authorized signatores on the

17 Victory Strategies account is Delmar Johnson, III,

18 correct? Actually, Delmar W. Johnson, III?



21 BY MR. LeBOEUF:

22 Q Do you have a majority interest in any other

23 corporation that you have ever been a part of, or that

24 you had ever formed, where you did not have check

25 writing authority on that company's bank accounts?


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2 THE WITNESS: I don't think I've ever been

3 advised by legal counsel to, that the managing

4 member was the only person that had to be listed,

5 as I was by GrayRobinson.

6 BY MR. LeBOEUF:

7 Q Is it your testimony that a counselor with

8 GrayRobinson told you that you could not or should not

9 have check writing authority with Victory Strategies,

10 LLC?


12 THE WITNESS: GrayRobinson told me the only

13 person who would need to be listed under an LLC

14 was the managing member.

15 BY MR. LeBOEUF:

16 Q I understand that, that the managing member

17 is the only person that has to be listed.

18 What I want to know is, have you ever had a

19 majority interest in any LLC or any other corporation

20 where you did not have check writing authority?


22 THE WITNESS: I don't believe so.

23 BY MR. LeBOEUF:

24 Q So out of all the corporations that you've

25 formed, all the companies that you have been the


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1 president of, all of the LLCs that you have been

2 associated with, this is the only time where you've had

3 a majority interest in the company and didn't have

4 check writing authority for the company.


6 THE WITNESS: This is the only time that

7 there has been a person that fulfilled Delmar

8 Johnson's role of managing the company, overseeing

9 all the financial aspects of the company.

10 I've never had a person that fulfilled a role

11 like Delmar Johnson did with Victory Strategies.

12 So the answer to the question is no.

13 MR. LeBOEUF: Okay. We'll attach that to

14 your deposition as Exhibit No. 9.

15 BY MR. LeBOEUF:

16 Q You've already testified regarding your

17 concerns in connection with Ms. O'Rourke and how you

18 felt that since she had been a fundraiser of RPOF, that

19 she wouldn't want to see you or Victory Strategies

20 being successful as a fundraiser, right?



23 BY MR. LeBOEUF:

24 Q Okay. Your concerns about Ms. O'Rourke had

25 nothing to do with Victory Strategies' bank account,


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1 did it?


3 THE WITNESS: No.

4 BY MR. LeBOEUF:

5 Q So she couldn't do anything to find out or

6 discover about your interest in Victory Strategies just

7 by being included on the bank account, could she?


9 THE WITNESS: No, but I had no need to be on

10 the bank account because Delmar Johnson was the

11 managing member of the LLC.

12 MR. CHASE: He didn't ask you that.

13 THE WITNESS: I'm sorry.

14 BY MR. LeBOEUF:

15 Q And when GrayRobinson disclosed your interest

16 in Victory Strategies, you sued them, didn't you.



19 BY MR. LeBOEUF:

20 Q Why did you sue them?

21 MR. CHASE: Object to form and privilege.

22 MR. LeBOEUF: You are instructing him not to

23 answer why he sued GrayRobinson?

24 MR. CHASE: That's between me and him on a

25 separate case. That has nothing do with this.


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1 That's privileged.

2 MR. LeBOEUF: That wasn't my question. Are

3 you instructing him not to answer?

4 MR. CHASE: I am saying you don't have to

5 discuss with him anything you discussed with me

6 that you reasonably believe was confidential about

7 the GrayRobinson case.

8 BY MR. LeBOEUF:

9 Q Let me rephrase the question, sir. I'm not

10 asking you about any communications you had with

11 Mr. Chase. Okay? I don't want to know anything about

12 your discussions with him.

13 I want to know why you -- without any

14 discussions, without you telling me anything that

15 Mr. Chase told you, I don't want to know what he told

16 you, other than that -- can you tell me why you sued

17 GrayRobinson?


19 THE WITNESS: I sought out GrayRobinson for

20 legal advice. GrayRobinson advised me that the

21 proper and lawful way to form Victory Strategies

22 was by forming an LLC.

23 They handled the entire process for me. And

24 then later, when anyone raised any impropriety

25 about Victory Strategies, they tried to distance


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1 themselves from the fact that they provided me

2 legal counsel.

3 They formed Victory Strategies. And I

4 believe that is a violation of my attorney-client

5 privilege.

6 I also believe it enhanced this outrageous

7 idea that I committed a crime. And that's why I

8 want to sue GrayRobinson -- not only for my own

9 personal relief, but I want all of their clients

10 to know that they will not hesitate to violate

11 attorney-client privilege if it protects their own

12 self-interest.

13 BY MR. LeBOEUF:

14 Q Okay. And it is your understanding then that

15 you were the client in the creation of Victory

16 Strategies?


18 THE WITNESS: Without exception.

19 BY MR. LeBOEUF:

20 Q Okay. So what role, if any, did Delmar

21 Johnson play in the relationship with GrayRobinson?


23 THE WITNESS: He became an administrative

24 person after, after I sought their legal advice,

25 after I had several communications with them,


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1 after they gave me counsel to form Victory

2 Strategies. He simply handled certain parts of

3 the administrative elements to it, but I was the

4 client.

5 BY MR. LeBOEUF:

6 Q Okay. And you were the client who directed

7 that your name not be associated with or connected with

8 any of the documents associated with Victory Strategies

9 in any public arena, correct?


11 THE WITNESS: I did not direct GrayRobinson.

12 They provided me legal counsel that an LLC does

13 not have to list all of its members.

14 BY MR. LeBOEUF:

15 Q Well, why would they direct you in that

16 regard if you hadn't asked them whether or not you

17 could establish the corporation without your name ever

18 appearing anywhere?


20 THE WITNESS: I asked them what type of legal

21 entity is best to be formed. And they recommended

22 an LLC.

23 BY MR. LeBOEUF:

24 Q Understood. Okay. But just by recommending

25 that you form an LLC, someone had to make a decision


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1 about whose name would be disclosed in connection with

2 the LLC; correct?


4 THE WITNESS: Yes.

5 BY MR. LeBOEUF:

6 Q And you had established multiple prior

7 corporations, prior LLCs, where your name always

8 appeared as a registered agent or as an initial member

9 of the Board of Directors, or as a managing member, in

10 all of the prior corporations you have been involved

11 in. We've already covered that in one of the exhibits

12 to your deposition, right?



15 BY MR. LeBOEUF:

16 Q Okay. So someone had to come up with the

17 concern or suggestion that your name not appear

18 anywhere in any public forum associated with Victory

19 Strategies, right?



22 BY MR. LeBOEUF:

23 Q Certainly the lawyers at GrayRobinson never

24 said, Mr. Greer, you should not put your name out

25 there. You should not disclosure your name. We need


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1 to conceal your name. That wasn't their idea, was it?


3 THE WITNESS: No. No, they did not.

4 BY MR. LeBOEUF:

5 Q You are the one who said, I would like to set

6 up this corporation, or this LLC, whatever you

7 recommend. And I don't want my name to appear anywhere

8 on the documents, right?


10 THE WITNESS: That wasn't how the

11 conversation occurred. However, Delmar suggested,

12 so that Meredith could not sabotage our

13 fundraising effort, that my name not appear. And

14 in communication with my attorneys, GrayRobinson,

15 they suggested forming an LLC.

16 BY MR. LeBOEUF:

17 Q And they said that if you don't want your

18 name to appear anywhere, we can set up an LLC. And we

19 can put everything in Delmar's name, and no one will

20 know that you have a majority interest in this LLC;

21 right?


23 THE WITNESS: No, that's not how their

24 response was. They told me, they simply said LLCs

25 do not have to list all of the individuals, and


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1 that would be the best way to go.

2 BY MR. LeBOEUF:

3 Q And then you understood that and took that to

4 mean that you could set up the LLC, put it all in

5 Delmar's name, and your involvement with Victory

6 Strategies wouldn't be available in the public eye

7 anywhere; correct?


9 THE WITNESS: Most importantly, wouldn't be

10 available to Meredith O'Rourke.

11 BY MR. LeBOEUF:

12 Q But you knew and set this up with the

13 assistance of counsel, you set up Victory Strategies so

14 that your name would not appear anywhere on any public

15 documents.



18 BY MR. LeBOEUF:

19 Q Good. Going back to Exhibit 6, the

20 Fundraising Services Agreement. I don't intend go over

21 what we've already discussed.

22 You told me that you signed the agreement on

23 behalf of the RPOF, and that Mr. Johnson signed on

24 behalf of the consultant. I just want to make sure I

25 understand that this Fundraising Services Agreement was


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1 not reviewed or approved by Mr. Gonzalez or any other

2 legal counsel on behalf of RPOF; correct?


4 THE WITNESS: No, not at the time that it was

5 entered into. Mr. Gonzalez later became fully

6 aware that I was the owner of Victory Strategies,

7 but not at the time this agreement was entered

8 into.

9 BY MR. LeBOEUF:

10 Q We've established this agreement was entered

11 into in February, February 1st of 2009; right?

12 A Uh-huh.


14 BY MR. LeBOEUF:

15 Q And RPOF started paying fees to Victory

16 Strategies pursuant to this agreement, Exhibit No. 6,

17 shortly thereafter, right?

18 A Uh-huh.


20 BY MR. LeBOEUF:

21 Q Mr. Gonzalez had no idea about this contract

22 at that time, correct?


24 THE WITNESS: Correct, but the most important

25 person that did was my boss, the Governor of the


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1 state.

2 BY MR. LeBOEUF:

3 Q Is it your testimony that Charlie Crist knew

4 about this Fundraising Services Agreement between

5 Republican Party of Florida and Victory Strategies in

6 February of 2009?


8 THE WITNESS: Charlie Crist knew the content

9 of this agreement, but he did not know the legal

10 entity name Victory Strategies.

11 BY MR. LeBOEUF:

12 Q All Charlie Crist knew was that you were

13 going to start taking over fundraising responsibilities

14 for the Republican Party of Florida; right?


16 THE WITNESS: No.

17 BY MR. LeBOEUF:

18 Q He didn't know that?

19 A He knew that, but he also knew that I would

20 be paid a commission for doing so.

21 Q But he never knew and you never discussed

22 with him that you would be paid a commission through a

23 corporation or an LLC, Victory Strategies, because you

24 never discussed that with him.



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1 BY MR. LeBOEUF:

2 Q Correct?

3 A Correct.

4 Q Likewise, I think you just answered this.

5 You told me the only person with the Republican Party

6 of Florida who had any knowledge about your involvement

7 with Victory Strategies was Charlie Crist?


9 BY MR. LeBOEUF:

10 Q Is that right?

11 A There were persons who had knowledge that I

12 was taking over fundraising. I was going to be paid a

13 commission. That was Charlie Crist, Harry Sargeant at

14 this time. Jay Burmer knew I was going to be doing

15 fundraising. He was a confidant of the Governor. But

16 no one knew the legal entity name.

17 Q No one knew that you were going to be taking

18 those commissions through Victory Strategies?

19 A No, they might have thought --


21 THE WITNESS: -- I was just going to write

22 myself a check, personally, myself. They all

23 approved it. It was fine with them. They just

24 didn't know I was going to take it personally as a

25 check, I was going to put it through a


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1 corporation.

2 BY MR. LeBOEUF:

3 Q So as we sit here today, back in February of

4 2009, no one other than Delmar Johnson knew you would

5 be taking a commission for fundraising through Victory

6 Strategies; is that correct?



9 BY MR. LeBOEUF:

10 Q And it is your belief that the RPOF policies

11 and procedures did not obligate you to make a full

12 disclosure of this fact to Mr. Gonzalez, the General

13 Counsel?


15 THE WITNESS: It did not because I made a

16 full disclosure to the Governor and the head of

17 our Party, and to the Finance Chairman, that I

18 would be receiving fundraising -- I would be

19 taking over fundraising and receiving a

20 fundraising commission.

21 The reason Victory Strategies was entered

22 into is because I wanted to do it the right way.

23 I wanted to do it the lawful way. And that was to

24 enter into a contract and have it placed in the

25 files of RPOF.


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1 BY MR. LeBOEUF:

2 Q And you didn't think it would be right or

3 lawful to just do it straight up and say that you and

4 Delmar Johnson would be working together and doing

5 fundraising and taking a commission for it? You didn't

6 think that was right or lawful?


8 THE WITNESS: Counselor, fundraising is a

9 cutthroat business. And it is my belief that

10 Meredith O'Rourke would have interfered with our

11 ability to raise money for the Party.

12 Particularly, at that time when she was being

13 terminated. She was being ostracized from the

14 Governor.

15 She was very hostile. And it would have been

16 very difficult for us to be successful if we had

17 informed her of this fact.

18 MR. LeBOEUF: Sir, let me show you another

19 document. We will mark this as No. 10.


21 Deposition Exhibit No. 10. )

22 BY MR. LeBOEUF:

23 Q Do you recognize this as a Fundraising

24 Services Agreement proposed to Meredith O'Rourke's

25 company, Forward Strategies, Inc., in January of 2009?


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1 A I believe this is one of several that was

2 given to Ms. O'Rourke for consideration.

3 Q And this was prepared by you, right, or at

4 your direction?

5 A I believe so.

6 Q And the compensation in this agreement was a

7 flat fee of $5,000 per month to Ms. O'Rourke?

8 MR. CHASE: Object to form. You guys are

9 asking questions while I was reading. I objected

10 to those, as well, any questions about this

11 document for the same stated objection.

12 BY MR. LeBOEUF:

13 Q The rate of compensation for her was $5,000

14 per month?



17 BY MR. LeBOEUF:

18 Q And there was no commission, correct?


20 THE WITNESS: Not in this agreement.

21 BY MR. LeBOEUF:

22 Q So in this agreement that you were proposing

23 to her, she was to get $5,000 per month with no

24 commission. So how would you receiving a commission

25 have anything to do with her?


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2 THE WITNESS: Because she would have, she was

3 known, had a reputation even prior to becoming the

4 RPOF fundraiser of interfering and hindering other

5 fundraisers from being successful.

6 The only reason that this $5,000 was offered

7 to her, knowing she would not perform any services

8 for it, nor did she, was the Governor directed,

9 Charlie directed that we pay her $5,000 a month to

10 keep the bitch's mouth shut.

11 BY MR. LeBOEUF:

12 Q I think you've already told me that. But you

13 would agree that by this agreement she wasn't being

14 compensated on a commission, so whether or not you

15 raised money or not wouldn't interfere with her

16 compensation whatsoever, would it?

17 MR. CHASE: Object to form. Dean, he has

18 answered that over and over today.

19 THE WITNESS: No.

20 BY MR. LeBOEUF:

21 Q Okay. This will be number 10 to your

22 deposition.

23 Now, this woman who you described as an

24 uncooperative bitch, I would like to --

25 A Not uncooperative.


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1 Q -- show you another document marked for

2 identification as Exhibit No. 11.



5 BY MR. LeBOEUF:

6 Q Do you recognize this as an e-mail from Ms.

7 O'Rourke to you on April 7, 2009?


9 THE WITNESS: I do. I don't recall it, but I

10 believe I remember this.

11 BY MR. LeBOEUF:

12 Q You received it, didn't you?

13 A Well, it was sent to John Rood, who was the

14 Finance Chairman at the time. I see that it was cc'd

15 to me.

16 Q Okay, because your e-mail at the time was

17 [email protected]?

18 A Yes.

19 Q You did, in fact, received it on that date,

20 didn't you?

21 A I don't recall.


23 BY MR. LeBOEUF:

24 Q And in this e-mail doesn't Ms. O'Rourke say,

25 "Good morning, Chairmen! I just thought I would reach


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1 out directly to both of you regarding upcoming events,

2 et cetera. I've requested updates in terms of

3 coordination of calls, event pledges, et cetera from

4 staff, but haven't received any updates to date. Just

5 wanted to offer a helping hand with any events,

6 leadership calls, et cetera. Please just let me know

7 what I can do to help. Would love to be part of

8 anything you have coming up."

9 And then she lists her cell number, and all

10 the best, Meredith. Right?


12 THE WITNESS: She does.

13 BY MR. LeBOEUF:

14 Q Okay. Doesn't this correspondence reflect

15 her willingness to cooperate and assist in any way in

16 fundraising?


18 THE WITNESS: It does not.

19 BY MR. LeBOEUF:

20 Q Okay. How do you take this e-mail?

21 A I take it as a bunch of words on a piece of

22 paper.

23 Q So you don't think it is the truthful?

24 A No.



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1 BY MR. LeBOEUF:

2 Q Do you think she drafted this e-mail with the

3 idea that it would be an exhibit to your deposition to

4 refute your testimony?


6 THE WITNESS: I don't recall exactly the time

7 frame, but I think she probably drafted it to keep

8 getting her $5,000 and to, to demonstrate that she

9 was still active.

10 MR. LeBOEUF: I will attach that to your

11 deposition as Exhibit 11.

12 BY MR. LeBOEUF:

13 Q Going back to Exhibit No. 6, your Fundraising

14 Services Agreement where you signed on behalf of RPOF

15 and Mr. Johnson signed for Victory Strategies, LLC.

16 Were you concerned at all that by executing

17 this agreement you were violating your Republican Party

18 of Florida oath of loyalty?


20 THE WITNESS: No. Actually I thought I was

21 saving the Republican Party about $250,000 a year.

22 And that I, in fact, was going to be able to

23 implement various fundraising programs that

24 Meredith had obstructed in the past.

25 BY MR. LeBOEUF:


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1 Q Okay, good. Let's talk about that. It is

2 your testimony that when you signed the agreement on

3 February 1st, 2009, between RPOF and Victory

4 Strategies, that you would be saving the Party $250,000

5 a year?


7 THE WITNESS: Well, she was making $30,000 a

8 month. So that was, that was $360,000 a year

9 before the Governor told me to give her the $5,000

10 a month contract.

11 BY MR. LeBOEUF:

12 Q Okay. But when you signed the agreement in

13 February of 2009, Exhibit No. 6 to your deposition, her

14 contract had already been terminated. She wasn't

15 making $30,000 a month then, was she?

16 A I don't remember when we terminated her

17 contract because we offered her a $15,000 a month

18 contract that she declined. Then I brought her back

19 in.

20 MR. CHASE: Listen to the question.

21 BY MR. LeBOEUF:

22 Q You offered her a $15,000 a month contract

23 that she declined; but she didn't keep getting 30,000 a

24 month, did she?



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1 THE WITNESS: I don't recall when the 30,000

2 a month contract ended.

3 BY MR. LeBOEUF:

4 Q Let's look at Exhibit No. 10 to your

5 deposition, when you offered her $5,000 a month with no

6 commission in January of 2009. She certainly wasn't

7 still getting 30,00 a month then, was she?


9 THE WITNESS: I don't believe this agreement,

10 I don't know when the last $30,000 a month payment

11 was to her; because it was my hope that we could

12 terminate the whole relationship, but the Governor

13 wanted to keep paying her something.

14 BY MR. LeBOEUF:

15 Q Do you have any reason to believe that the

16 documents maintained by the Republican Party of Florida

17 showing when they made her last $30,000 payment was

18 inaccurate?


20 THE WITNESS: Inaccurate may not be the case;

21 but when I left, it was my understanding that she

22 was telling the Party she was owed money still.

23 BY MR. LeBOEUF:

24 Q Okay, but as you sit here today, you don't

25 know when her last $30,000 payment was made?


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1 A No, I don't.


3 BY MR. LeBOEUF:

4 Q And you have no reason to believe that the

5 documents maintained by the Party are inaccurate with

6 regards to when she was paid the last $30,000 monthly

7 stipend, do you?


9 THE WITNESS: I don't know.

10 BY MR. LeBOEUF:

11 Q Now, Mr. Johnson, Delmar Johnson, did he have

12 any fundraising experience prior to his employment by

13 the Party?


15 THE WITNESS: He had been very active in

16 fundraising for Governor Crist during the

17 gubernatorial campaign. And I believe he had done

18 other fundraising for other entities. He had a

19 very good personable personality that helped raise

20 money.

21 BY MR. LeBOEUF:

22 Q When did you first meet him?


24 THE WITNESS: 2006.

25 BY MR. LeBOEUF:


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1 Q In what context?


3 THE WITNESS: He was the Director of Field

4 Operations for the Charlie Crist for Governor

5 campaign.

6 BY MR. LeBOEUF:

7 Q For the whole state?

8 A No.


10 BY MR. LeBOEUF:

11 Q Who made the decision to hire him at RPOF?


13 THE WITNESS: At RPOF? Initially that was

14 George LeMieux.

15 BY MR. LeBOEUF:

16 Q Who actually hired him?


18 THE WITNESS: I did.

19 BY MR. LeBOEUF:

20 Q So you are saying you hired him on George

21 LeMieux's recommendation?


23 THE WITNESS: When I was running for

24 Chairman, George wanted him to be my assistant.

25 So he became an RPOF employee during that period


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1 of time. Then when I got elected Chairman, he was

2 made a full-time employee of RPOF.

3 BY MR. LeBOEUF:

4 Q In what position?


6 THE WITNESS: He was initially, I think he

7 had the title of Deputy Director. Yeah, Deputy

8 Director.

9 BY MR. LeBOEUF:

10 Q And then when you were elected Chairman, at

11 some point you hired him as your Executive Director?

12 A No. He was promoted.


14 THE WITNESS: He was promoted to Deputy

15 Assistant -- Deputy Executive Director and served

16 in that for a year. And then he became Executive

17 Director when I was the Chairman, my second term.

18 BY MR. LeBOEUF:

19 Q To your knowledge, did Mr. Johnson have any

20 other fundraising experience, other than working as the

21 director of -- Field Director for Charlie Crist's run

22 for Governor?


24 THE WITNESS: I think he raised money for

25 FSU, too, when he was -- something to do


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1 affiliated with FSU.

2 BY MR. LeBOEUF:

3 Q Was there anything else about Delmar

4 Johnson's experience that you felt qualified him to

5 take on a role as a fundraiser for RPOF?


7 THE WITNESS: Yes, he had a very good

8 personality. People enjoyed being with him. He

9 was always kind of a fun, jovial kind of guy. And

10 people were always willing to write checks if

11 Delmar showed up and asked them.

12 BY MR. LeBOEUF:

13 Q So did he raise any money for RPOF before



16 THE WITNESS: It wasn't his primary function.

17 BY MR. LeBOEUF:

18 Q I didn't ask you that. Did he raise any

19 money for RPOF before he got involved with Victory

20 Strategies?

21 A No, that was primarily Meredith's bailiwick.

22 He might have gone and picked up checks if she asked

23 him to pick up checks.

24 Q So if he were to testify he was engaged in

25 fundraising for the Party and he did raise funds for


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1 the Party prior to Victory Strategies, that would not

2 be truthful?


4 THE WITNESS: I don't whether it would be

5 truthful or not.

6 BY MR. LeBOEUF:

7 Q Did you do any fundraising, other than what

8 we talked about today, for RPOF before Victory

9 Strategies?


11 THE WITNESS: In a limited manner, yes.

12 BY MR. LeBOEUF:

13 Q Anything other than what we've already talked

14 about today?


16 THE WITNESS: I would make phone calls at

17 times.

18 BY MR. LeBOEUF:

19 Q To individuals?


21 THE WITNESS: Meredith would give me a list

22 to call.


24 BY MR. LeBOEUF:

25 Q You would call people and ask for money?


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2 THE WITNESS: Yes.

3 BY MR. LeBOEUF:

4 Q Now, when you did that, Meredith gave you a

5 list and you called people and asked for money, did

6 Meredith get any commission for any of those funds that

7 you raised?


9 THE WITNESS: I believe during that time it

10 was, I believe that she -- I don't remember

11 what -- there was a $30,000 contract with

12 Meredith. Then there was some other incentives.

13 I don't recall during those time frames what

14 Meredith's contract was.

15 The only thing I do recall is Richard Swartz

16 as CFO coming down a regular basis stressed out

17 that we have to pay Meredith O'Rourke her $30,000.

18 BY MR. LeBOEUF:

19 Q Right, because when she was getting $30,000 a

20 month, she did not get a commission on top of that, did

21 she, from RPOF?



24 BY MR. LeBOEUF:

25 Q Did you ever tell anyone that allowing


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1 Mr. Johnson to take over fundraising would save RPOF

2 money?



5 BY MR. LeBOEUF:

6 Q Did you ever make the statement to anyone

7 that Mr. Johnson was going to take a big pay cut, and

8 that is why you were giving him the fundraising

9 contract?


11 THE WITNESS: No.

12 BY MR. LeBOEUF:

13 Q Do you know what Mr. Johnson's starting

14 salary was with RPOF?


16 THE WITNESS: I know what it was supposed to

17 be.

18 BY MR. LeBOEUF:

19 Q What's that?


21 THE WITNESS: His starting with RPOF?

22 BY MR. LeBOEUF:

23 Q Yes.

24 A I don't know. No. I don't know what that

25 was.


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1 Q If the records show that his starting salary

2 was to be $68,000 a year, do you have any documents or

3 information to dispute that?


5 THE WITNESS: No.

6 BY MR. LeBOEUF:

7 Q Do you know what he was doing or how much

8 money he was earning before he went to work for RPOF?


10 THE WITNESS: There was a, when he came over

11 from where he was to the Crist campaign, and then

12 there was an issue about he wanted to make a

13 certain amount of money, and I don't remember.

14 BY MR. LeBOEUF:

15 Q Did he come directly from the Crist campaign

16 to RPOF?

17 A Yes.


19 BY MR. LeBOEUF:

20 Q And was he a paid consultant or employee of

21 the Crist campaign?



24 BY MR. LeBOEUF:

25 Q But --


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1 A I believe so.

2 Q But you don't know what he earned in that

3 position?

4 A No.


6 BY MR. LeBOEUF:

7 Q Is that correct?

8 A Yes.

9 Q If the RPOF records show that Mr. Johnson was

10 elevated to the position of Deputy Executive Director

11 on January 1st, 2008, with a salary of $80,000, do you

12 have any records or information to dispute that?


14 THE WITNESS: No.

15 BY MR. LeBOEUF:

16 Q The RPOF records then seem to indicate his

17 base salary was to be cut effective August 1st, 2008,

18 to $65,000 a year.

19 Do you know if that reduction ever occurred?

20 MR.

Documents

Jim Greer deposition transcript part 2